1977-1978I
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 22, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, and Mr.
R. A. Nugent. Members absent were Mr. Sam Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Minutes of the
previous meeting of March 8, 1977. All Voted Aye.
A Joint Public Hearing with the Planning Commission was conducted to consider adoption
of an Amendment to Ordinance No. 146 providing for rezoning from Residential to Semi -
Residential and Parking District of property described as: a part of Lot 20, Block 1,
Tract 3, Hillcrest Second Acres, a parcel of land fronting 420' on South 33rd Street
with a depth of 117.5'. No opposition was made known.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the recommendation
of the Planning Commission and adopt the following Amendment to Zoning Ordinance No. 146.
All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 146
AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING
DESIGNATION, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS
SECTION 2
GENERAL:
There shall be a change from Residential to Semi - Residential and Parking District
of that property described as:
A part of Lot 20, Block 1, Tract 3, Hillcrest Second Acres, a parcel of land
fronting 420' on South 33rd Street with a depth of 117.5'.
SECTION 16
PENALTY FOR VIOLATION:
Any person, firm, or corporation violating any of the provisions of this Ordinance
or who shall fail to comply with any of the requirements hereof, or who shall build or
alter any building in violation of any detailed statement or plan submitted and approved
hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in
any sum not less than one ($1.00) dollar nor more than Two Hundred ($200.00) dollars,
and each day such violation continues or exists shall constitute a separate offense. The
owner of any building or premises or part thereof, where anything in violation of this .
Ordinance shall be placed or shall exist, and any architect, builder, contractor or
agent, person or corporation employed in connection therewith and who may have assisted
in the commission of any such violation, shall be guilty of a separate offense and upon
conviction thereof, shall be fined as herein provided.
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Minutes Continued, March 22, 1977
Pr.TTnu 17
WHEN EFFECTIVE:
This amendment shall be effective from and after its passage and publication as
required by law.
PASSED ADOPTED AND APPROVED THIS 22nd day of March, 1977.
H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
City Attorney, City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve a lease agreement
in its amended form with First Presbyterian Church authorizing an extension for ten (10)
years from October 24, 1977. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the addition to this
years program of the overlay of approximately 300' of Service Center entrance road, ap-
proximately $1,100.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to extend the time to complete
painting of S -5th Street water tower for 30 days until April 15. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to request that Jefferson County
be designated as Economic Development Area by U. S. Department of Commerce. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize Touche -Ross and
Associates to study the operations of United Texas Transmission Company (Gas Utility Docket
No. 629) in serving Southern Union Gas Company's Port Arthur District, a total cost not to
exceed $50,000, contingent upon authorization of other cities in the district. All Voted Aye.
Discussion items were as follows:
1. Street repairs needed at upper end of Helena Avenue.
2. Response from Kansas City Southern Railway.
3. Correction requested at curve on S -14th Street.
4. Overlay causes hump in road at corner of 13th and Detroit.
5. Alley culvert needs extension in 1100 Block of Atlanta.
6. Operation of industry in commercial zone, 2100 Block Nederland Avenue.
7. Traffic backing up prohibits entrance to parking lot at Nederland Club.
8. Clayton Addition progress report presented by Mr. Perrell.
9. Fire Department annual report presented by Chief Sattler.
10. Cost of I and I study, $53,400.
'
11. Cores being -taken at garbage dump.
12. Work Experience Program.
13. Festival activities.
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Minutes Continued, March 22, 1977
14. Bermuda grass to be planted in Doornbos Park.
15. Legislation increasing load limit of concrete trucks.
16. Ordinance No. 97 prohibits wrist rockets.
17. Ritter Lumber Company parking problem.
18. Stop sign needed at 32nd and Youmans.
19. Letter from Congressman Brooks concerning hurricane protection system.
20. King Cable has sold - Athena to Liberty Communications.
21. Released to proceed with Nederland Avenue right -of -way.
22. Resolutions to Representatives on various issues.
23. Resignation of George Hallmark as Building Official.
The meeting was adjourned at 8 :50 P. M.
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 5, 1977
The meeting was called to order at 6:30 P. M. by Mayor Pro Tem R. A. Nugent.
Members present were Mr. R. A. Nugent, Mr. R. D. Sawyer, and Mr. C. N. LeBlanc. Mr. H. E.
Nagel and Mr. Sam Gillespie were absent.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to appoint La Donna Anderson
as acting City Secretary in the absence of City Secretary Alta Fletcher. All voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve Minutes of the
previous meeting of March 22, 1977. All voted Aye.
A Public Hearing was conducted concerning an Amendment to Ordinance No. 146 rezoning an
area adjacent to the commercially zoned land South of Avenue "H" and extending from
Gulf States Utilities right -of -way to South 21st Street. Approximately twenty people were
present from the Woodcrest Addition area. Mr. Bill Hale, 1608 Avenue "H ", read a
petition that had been signed by twenty -six people who opposed rezoning. Besides Mr. Hale,
Mr. Guy Barlow, Mr. Bill Porter, Mr. J. C. Miller, Mr. Ernest Vincent, and Mrs. Evelyn
Hale spoke in opposition to rezoning. Mr. Jim Ritter, owner of the property, spoke in favor
of rezoning.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table this item until next
week when Mayor Nagel and Councilman Gillespie will be present. All voted Aye.
The returns of April 2, 1977 General Election and Absentee Election were read by Mrs. r
Fern Shannon, Election Judge. Out of 371 votes cast, 34 were absentee. Respective
candidates received the following number of votes:
NAME OF CANDIDATE OFFICE VOTES
Wayne Jones Councilman of Ward One 111
Robert D. Sawyer Councilman of Ward One 245
E. T. "Sam" Gillespie Councilman of Ward Three 288
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to accept returns of the election
as presented and to authorize payment to the election officials. All voted Aye.
The Oath of Office was administered by the City Attorney to the Councilman of Ward One,
Mr. Robert D. Sawyer. He was unable to administer the Oath of Office to the Councilman
of Ward Three, Mr. E. T. "Sam" Gillespie, because he was in Washington, D. C.
Sealed bids were received, opened, and read for fencing of all three elevated water tanks
as recommended by the State Board of Health Resources. Bidders were Haven Fence Co.,
$4,222.50; Hinds Quality Fence, $3,648.65; Hurricane Fence Co., $3,650.00 (fiberglass
board included); and United Fence, $3,990.00.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc that these bids be referred to
the City Manager to tabulate. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent that we adopt the Revenue
Sharing Budget for the October 1, 1976 - September 30, 1977. All voted Aye.
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Minutes Continued, April 5, 1977
Budget Amendment
January 1, 1977 through September 30, 1977 $95,815.00
*Interest & Principal Bonds $60,643.00
Electricity Water Plant $20,172.00
Street Lights $15,000.00
TOTAL $95,815.00
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve representation and
expenses of Mayor H. E. Nagel and Councilman E. T. Gillespie for the City of Nederland
before the Public Works Committee of the House of Representatives, and the Public Works
Committee of the United States Senate in Washington, D. C. on April 6, 1977. All voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to table the discussion on an
Amendment to Ordinance No. 220 providing for transfer of the permit granted on April 26,
1965 for operation of community antenna television system in Nederland from King Community
Television Company, Inc. to Liberty Communications, Inc., 225 Coburg Road, Eugene, Oregon.
All voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve the extension of
the policy for black topping of that portion of driveway or parking lots which is located
on city right -of -way for two months until May 31, 1977. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to request that Drainage District
No. 7 accept right -of -way and dig the ditch within Nederland Independent School District
property'from its existing location to Clayton Addition; and that this project be
Nederland's first priority of the year. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent authorizing John Bamber,
Director of Public Works, to attend the "Basic Supervision in Public Works Workshop"
of the American Public Works Association in New Orleans April 19 and April 20, 1977.
All voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve an Amendment to
Ordinance No. 107 providing for stop signs at certain locations. All voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve and Amendment to
Ordinance No. 164 setting regualr council meeting dates until December 31, 1977. All
voted Aye.
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 6, 1977
THROUGH DECEMBER 31, 1977.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
That the follwoing 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:
b
Minutes Continued, April 5, 1977
April 12, 26
May 10, 24
June 14, 28
July 12, 26
August 9, 23
September 13, 27
October 11, 25
November 8, 22
December 13, 27
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 at a regular meeting, this the 5th of April, 1977.
Homer E. Nagel, Mayor
CITY OF NEDERLAND, TEXAS
ATTEST
Alta Fletcher, City Secretary
CITY OF NEDERLAND, TEXAS
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
CITY OF NEDERLAND, TEXAS
The announcement of the resignation of George Hallmark as Building Official /Electrical
Inspector and the appointment of James Byers as Building Official /Plumbing Inspector was
made.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve a car allowance of
$195 per month for Mr. Byers, Building Official /Plumbing Inspector. All voted Aye.
Discussion items were as follows:
1. Walkway on Helena Avenue needs repair.
2. List of priority suggestions for C. Doornbos Park. Balance of funds for park - $13,288.65.
3. An Amendment to Ordinance No. 70.
4. Beaumont Kennel Club wants to have dog show at C. Doornbos Park.
5. Trinity- Neches - Sabine meeting coming up at Schooner Restaurant.
6. List of upcoming meetings.
7. Beauxart Gardens wants to form water district to purchase water and sewer from City. '
8. Solid waste to put 2ft. of dirt on top of landfill.
9. Touche Ross results of Study of Southern Union Gas Company request for rate increase.
10. Annual meeting for elected officials in May.
11. Write up resolution for Burn Clinic.
Minutes Continued, April 5, 1977
The meeting was adjourned at 9:20 P. M.
R. A. Nugent,4Kayor Pro Tem
City of Ned and, Texas
ATTEST:
La Donna Anderson, Acting City Secretary
City of Nederland, Texas
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Q REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 12, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. C. N. LeBlanc, and Mr.
Gillespie. Mr. R. D. Sawyer was absent.
A motion was made by Mr. Nugent ans seconded by Mr. Gillespie to approve Minutes of
the previous meeting of April 5, 1977. All voted Aye.
The Oath of Office was administered by Mayor H. E. Nagel to the Councilman of Ward
Three, Mr. Sam Gillespie.
The continuation of the Joint Public Hearing with the Planning Committee was conducted
concerning an Amendment to Ordinance No. 146 rezoning an area adjacent to the commercially
zoned land South of Avenue "H" and extending from Gulf States Utilities right -of -way
to near South 21st Street. Approximately fifteen people were present from the Woodcrest
Addition area. Mr. Guy Barlow, 1608 Avenue "H ", spoke against rezoning this area. Besides
Mr. Barlow Mrs. Evelyn Hale, Ernest Vincent, F. G. LeBlanc, and Mrs. LeBlanc spoke in
opposition to rezoning. These people also stated that they did not know they were buying
commercial land when they purchased their property. Mr. Bob Bodemueller of the Zoning
Committee talked about the meeting the Committee had with residents within 200 feet.
He said that out of about five families that showed up only one said he did not know what
type of property he was buying.
A motion was made by Mayor Nagel and seconded by Mr. Gillespie to approve an Amendment to
Ordinance No. 146. All voted Aye.
AN AMENDMENT TO ORDINANCE NO. 146
AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN
ZONING DESIGNATION, PROVIDING ZONING MAP DESIGNATIONS,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS
SECTION 2
GENERAL
There shall be a change from Residential to Semi - Residential and Parking District
of that property described as:
A part of Lot 5 and 6, Tract 14, Range G and a part of Lot 8, Tract 14, Range H
more so defined as a parcel of land lying South of the commercially zoned land on the
South side of Avenue "H" bounded on the East by Gulf States Utilities right -of -way on
the South by Allan Meadow, Section I, and on the West by S. 21 Street, approximately
100' by 1,181.85'.
SECTION 16
PENALTY FOR VIOLATION:
Any person, firm or corporation violating any of the provisions of this Ordinance
or who shall fail to comply with any of the requirements hereof, or who shall build
1
Minutes Continued, April 12, 1977 (`y
or alter any buildings in violation of any detailed statement or plan submitted and
approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall
be fined in any sum not less than one ($1.00) dollar nor more than Two Hundred ($200.00)
dollars, and each day such violation continues or exists shall constitute a separate
offense. The owner of any building or premises or part thereof, where anything in
violation of this Ordinance shall be placed or shall exist, and any architect, builder,
contractor or agent, person or corporation employed in connection therewith and who
may have assisted in the commission of any such violation, shall be guilty of a
separate offense and upon conviction thereof, shall be fined as herein provided.
gRrTTOW 17
WHEN EFFECTIVE:
This amendment shall be effective from and after its passage and publication as
required by law.
PASSED ADOPTED AND APPROVED THIS 12 DAY OF April , 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve awarding the
bid for fencing of three water towers to Hines Quality Fence Co. at $1,048.37 each as
required by Texas State Department of Health Resources; plus 156 L.F. fence along the
back side of South 5 Street neighborhood park, $503.53 in accordance with the specifi-
cations attached; and amend the budget to provide for such funds from the unallocated
water fund income in the amount of $3,648.65. All voted Aya.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve and adopt the
Resolution endorsing and requesting that a Burns Center be provided within Jefferson
County. All voted Aye.
CITY OF NEDERLAND
A RESOLUTION
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
WHEREAS, Southeast Texas and in particular Jefferson County, is a heavily
industralized area with numerous refineries, oil wells, shipbuilding industry, chemical
' plants, public port, and other types of heavy industry, which are alway a source of
potential fires; and
O. Minutes Continued, April 12, 1977
WHEREAS, fires have recently occurred on ships either being loaded or waiting to
be loaded; and,
WHEREAS, due to a recent explosion twenty -two (22) men were badly burned and the '
majority of them had to be flown to hospitals all over the State of Texas to find
facilities equipped to take care of the many patients;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Nederland endorses
and recommends that a BURNS CENTER be provided by Federls, State, and Local governments
in the vicinity of Jefferson County to serve all of Southeast Texas and a considerable
portion of Southwest Louisiana.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas during a
legally convened meeting thereof this 12 day of April ,A.D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve and adopt the
Resolution clarifying the opinion of the Nederland City Council in regard to an appointed
or elected Board of Directors to govern Jefferson County Drainage District No. 7. All
voted Aye.
CITY OF NEDERLAND
A RESOLUTION
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
THAT, WHEREAS, Jefferson County Drainage District No. 7 was created in the 1940's
whose jurisdiction was amended during the 1960's to provide for a reclaimation district
and a hurricane seawall system; and,
WHEREAS, said Drainage District No. 7 has existed since its inception with directors
being the governing body as appointed by Jefferson County Commissioners Court; and,
WHEREAS, these five (5) directors governing Jefferson County Drainage District No. 7
have been appointed to represent the cities which make up a major portion of the drainage
district with not more than one from each entity; and,
WHEREAS, much progress has been made in the construction of concrete lined drainage
ditches, major storm sewer system and local entity sponsor with U. S. Corp of Engineers
in the construction of the Hurricane Protection System now nearing 80% completion; and,
WHEREAS, all the cities either large or small as located within the district have
been fairly and equally represented on this Board of Directors;
Minutes Continued, April 12, 1977 ] 1
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Nederland do
endorse and recommend the continuance of this five member board appointed by
Commissioners Court as the proper body to govern Jefferson County Drainage District
No. 7; and, in addition, that the City Council of the City of Nederland.is opposed to
an elected board that is now being proposed in the state legislature (House Bill
# 1180) and that a copy of this resolution be sent to Honorable Congressman Jack Brooks,
Honorable Senator Lloyd Bentsen, Honorable State Senator Carl Parker, and State
Representatives Honorable Pike Powers, Honorable Frank Collazo, Jr., and Honorable Al
Price as evidence of the Council's opinion in this important proposition. Also, copies
shall be sent to Honorable Gibson Lewis, Chairman, Committee on Intergovernmental
Affairs, and Honorable John Whitmire, Vice - Chaiman, Committee on Intergovernmental
Affairs.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas during a
legally convened meeting thereof this 12 day of April , A.D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
' W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Gillespie and seconded by Mayor Nagel to approve payment of
bills for the month of March. All voted Aye.
A motion was made by Mayor Nagel and seconded by Mr. LeBlanc to approve and accept
the presentation of the Solid Waste Study being performed by Charles R. Haile Associates
under a two - thirds grant by Texas Department of Community Affairs for the Mid - County
Sanitary Landfill operation by Joe Breaux subject to acceptance by Texas Department
of Community Affairs. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Estimate
No. 1 to Golden Triangle Constructor, Inc., for work on Clayton Addition facilities,
Job No. 376 -13P, in the amount of $8,860.00, second year CDBG. All voted Aye.
Discussion items were as follows:
1. Refusal by H. U. D. of the 3rd year grant under Community Development-Block
Grant Program.
2. Mayor Nagel and Councilman Gillespie's trip to Washington, D.C.
3. Meeting in Groves with Touche Ross about their Southern Union Gas Study.
4. Repainting of lines on 27th Street approaching Nederland Avenue and Avenue "H ".
5. Street light out at Nederland Avenue and Hwy. 69.
6. Research on possibility of a future stop light at 27th Street and Hwy 365.
7. 1400 Block of Helena needs repair, concrete breaking.
8. Repaint lines in front of Hillcrest Elementary School.
n Minutes Continued, April 12, 1977
9. An Amendment to Ordinance No. 70.
10. Water Works meeting Thursday at 7 P. M. at the Schooner.
11. Car theft apprehension behind Nederland Pharmacy.
12. Electrical Inspectors exam taken and passed by James Byers, and reimbursement of '
money he spent to take exam.
13. Possibility of sponsoring "Chief's Association" in May.
14. Assistant Fire Marshall Cheney and Chief Sattler attending various meetings.
15. Top of sewer pipe falling in at South 3 and Avenue B.
16. Cost of coffee needed by the City; city match employees contribution.
The meeting was adjourned at 8:30 P. M.
1/-/f IL4�to_
H. E. Nagel, M or
City of Nederland, Texas
ATTEST
Oda � cn��iC7 l;� ")cLzura,cr��t
La Donna Anderson, Acting City Secretary
City of Nederland, Texas
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, 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 12, 1977. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to commend and salute
Mrs. C. R. (Alta) Fletcher, City Secretary, during National Secretary Week, who
has been an employee of the City since August 1, 1948, and has served as City
Secretary for approximately 20 years. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to commend KCS
railroad for reconstruction of the railroad crossings at three locations in
Nederland (Helena Avenue, Boston Avenue, and Nederland Avenue). All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize
Charles R. Haile Associates to proceed soil investigations and other matters
necessary to procure a permit for sanitary landfill operation (Page 75, Item 5,
Solid Waste Study) with the maximum participation being Nederland, $3,398.89,
for the total maximum of $11,760.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to renew the
water supply contract with the Lower Neches Valley Authority effective June 1,
1977, for a two -year period. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve
payment to James Byers in the amount of $75 for Electrical Inspector's
course fee and examination resulting in his being certified as a "combination
inspector for 1 and 2 family dwellings." All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize attendance
and expenses of the Fire Department staff as follows:
a. Chief Austin Sattler to Executive Development Program for Fire
Officials, Phase 3, at Texas A & M University, May 15 -19, 1977.
b. Assistant Fire Marshall Mark Cheney to Lamar Firemens Training
School, May 2 -6, 1977.
C. Sponsoring the Sabine Neches Chiefs' Association, May 11, Airport Towers.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on
approval of Ordinance No. regulating and fixing the maximum rates to be
charged for natural gas service in the City of Nederland; or other action relating
to same.
II
Minutes Continued, April 26, 1977
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award estmate to
Marcontel Plumbing for the installation of plumbing, including fixtures, for the ,
Rest Room located at Doornbos Park on a cost plus fifteen percent (15 %) basis with
an estimated total cost of one thousand five hundred dollars, (1,500.00). All Voted
Aye.
Discussion items were as follows:
1. Drainage problems at Helena and West Boston.
2. Street peeling since overlay, Verna and Helena.
3. Raw sewage in DD #7 ditch, South 13th Street.
4. 1100 Block Kent sewage odor.
5. 14th and Kent, obstruction at Kent and on Taylor's property.
6. Carport - amendment to zoning ordinance.
7. Allan Meadows II preliminary approval next meeting.
8. King Cable TV transfer to Liberty Broadcasting.
9. 701 Planning invitation.
10. Anti- Recession funding.
11. Use of old City Hall for absentee voting.
12. Sidewalk policy amendment.
13. Texas Bus Line's hearing on schedule change.
14. Mr. R. S. Buffington moving to Silsbee. Replacement for Zoning Board of Appeals.
15. 9th Street and Chicago - weeds and high grass.
The meeting was adjourned at 8:10 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
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H. E. Nagel, Mdyor
City of Nederland, Texas
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
May 10, 1977
The meeting was called to order at 6:30 P. M. by Mayor Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A.
Nugent, and Mr. Sam Gillespie.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Minutes of the
previous meeting of April 26 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve adoption of the
following Ordinance No. 297 fixing and regulating the maximum rates to be charged to
general service customers for natural gas service as presented by Mr. 0. L. Slaughter
of Southern Union Gas Company. All Voted Aye.
ORDINANCE NO. 297
AN ORDINANCE FIXING AND REGULATING THE MAXIMUM RATES TO BE CHARGED
GENERAL SERVICE CUSTOMERS FOR NATURAL GAS SERVICE IN THE CITY OF
NEDERLAND, AND REPEALING CONFLICTING ORDINANCES.
WHEREAS, since the filing of Southern Union Gas Company's Statement of Intent to
increase its rates for natural gas service, Southern Union Gas Company (the Company)
has furnished to the City of Nederland certain relevant information and figures; and
WHEREAS, the Council of the City of Nederland, after study and consideration, desires
to establish hereby the maximum rates to be charged general service customers for
natural gas service in the City of Nederland.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1. Schedule of Maximum General Service Rates. That the Company is hereby
authorized to place in effect, beginning with its first billing cycle immediately
following the adoption of This Ordinance, the following schedule of rates for general
service customers, to wit:
Par Mrf
RATE
NET
GROSS
First
1
Mcf
per
Monthly
Billing
Period
$3.956
$4.137
Next
3
Mcf
per
Monthly
Billing
Period
3.118
3.257
Next
21
Mcf
per
Monthly
Billing
Period
3.063
3.199
Next
25
Mcf
per
Monthly
Billing
Period
2.923
3.052
Next
100
Mcf
per
Monthly
Billing
Period
2.716
2.835
Excess over
150
Mcf
per
Monthly
Billing
Period
2.498
2.606
Minimum Bill - $2.200 Net or $2.382 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.
16
Minutes Continued, May 10, 1977
Section 2. Purchased Gas Adjustment Clause.
1 - Applicability
This purchased gas adjustment clause applies to all general service customers of the
Company in the City of Nederland which customers are referred to herein as Affected
Customers.
2 - Adjustment Dates
Adjustments hereunder shall be made effective at the beginning of each calendar quarterly
Balancing Period beginning with April 1, 1977. Such dates of effectiveness are referred to
herein as Adjustment Dates. No less than ten (10) days before each Adjustment Date, the
Company shall file with the City Clerk a report setting forth the amount of the adjustment
to be applied to Affected Customers bills during the Balancing Period beginning on said
date and the basis for calculation thereof.
3 - Amount of the Adjustment
The amount of the adjustment to be made effective on each Adjustment Date shall be the
result, calculated to the nearest 1 /10th of a cent, of dividing 106% (as an adjustment
for taxes) of the algebraic sum of -
a - The anticipated cost of gas to the Company for the succeeding calendar
quarter, above or below what such cost would have been if the Company had
paid a Base Cost of $1.754 per Mcf at the Standard Pressure Base of 14.65
pounds per square inch absolute for all such gas. The anticipated cost of
gas shall include any transportation charges expected to be paid and any
refunds or special charges expected to be made and entered in the Correcting
Account before the end of the next calendar quarter, and
b - The balance, at the end of the Balancing Period last ended, in the Cor-
recting Account provided for in Paragraph 4 of this clause
by the total volume, at sales pressure base, anticipated to be sold to Affected
Customers during the Balancing Period commencing on such Adjustment Date.
The adjustment shall be applied to each Mcf of gas delivered to Affected Customers
and shall be included in the total bill to be paid. The adjustment shall not,
however, be included in the determination of any minimum payment required under
any rate schedule, except where such minimum payment is based upon a specified
volume of gas.
4 - The Correcting Account
The Company shall maintain a Correcting Account to assure that over a period of
time there are no over or under collections as a result of the operation of this
clause. Entries shall be made in the Correcting Account each month for the fol-
lowing items:
1
a - The difference for the preceding month between the amount which would have '
been paid at the Base Cost for gas purchased to serve Affected Customers, and
the amount actually paid (including any applicable transportation charges)
for such gas as indicated by the Company's books and records.
b - The amount which during the preceding month was collected from or credited
Minutes Continued, May 10, 1977
to Affected Customers as a result of the operation of this clause, as indicated by the
' Company's books and records, less any applicable taxes the amount of which were
directly measured by the volume of gas sold by the Company or its revenues from such
sales.
c - Any refunds or special charges approved by the Council, as entered in the Correcting
Account pursuant to such approval.
The balance in the Correcting Account shall be determined after all entries have been
made for each month. Each of the monthly reports referred to in Paragraph 2 of this
clause shall indicate the balance in the Correcting Account as of the end of the month
preceding the month in which the report is rendered, and shall include details of
all entries made therein with respect to such prior month.
If, after making of all entries in the Correcting Account with respect to any month,
as provided above in this Paragraph, there remains in the Correcting Account an over -
collected net balance equal to five per cent or more of the excess cost to the
Company of all gas purchased by it during that month to serve Affected Customers,
the Company, as interest on the over - collection involved, shall credit to the Correct-
ing Account at the end of the next month ( in addition to all other debits and credits
for the next month contemplated hereby) an amount equal to three fourths of one per
cent of the amount of such over - collected net balance (i.e., at an annual interest
rate of nine per cent).
5 - Volumes and Cost Deductions
The volumes and cost of gas purchased to serve any customer other than an Affected
Customer shall be deducted for purposes of calculating all adjustments herein
provided for and all entries to be made in the Correcting Account. Cost of gas
for each customer other than an Affected Customer shall be determined by multi-
plying such customer's calculated purchase volumes by
a - The actual cost of gas supplied to such customer if service is rendered to the
customer from a single supply source, or
b - The average cost of gas supplied to such customer if service is rendered to the
customer from multiple supply sources.
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 sales of natural gas for general service use 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 approxi-
mately 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 voluntarily discontinued by the consumer or is discontinued for non-
' payment 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.
Minutes Continued, May 10, 1977
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 Council under the laws of the I
State of Texas to regulate the rates charged by the Company, its successors or
assigns, for service within the City of Nederland.
Section 7. This being an Ordinance not requiring a penalty, it shall take effect
from and after its passage.
READ, ADOPTED, AND APPROVED this the 10th day of May, A. D., 1977, at a Regular
Meeting of the Council of the City of Nederland Texas by the following vote:
AYES: Mayor H. E. Nagel, Councilmen R. A. Sawyer„ C. N. LeBlanc, R. A. Nugent, and
Sam Gillespie. NOES: None.
H. E. NAGEL
H. E. Nagel Mayor
ATTEST:
ALTA FLETCHER
Alta Fletcher ,City Secretary
APPROVED AS TO FORM:
W. E. Sanderson, City Attorney
W. E.SANDERSON
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to grant preliminary
approval of Allan Meadows, Section II, allowing two variances: 1. A temporary
variance of the length of the block in Block 9 until the South side of Avenue "L"
is developed; and, 2. Reduction of the 10' dedicated pathway to the Doornbos Park
to 6' in width; to number the Blocks consecutively beginning with Block 7; and,
to authorize purchase of water and sanitary sewer facilities within the subdivision
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. Gillespie to authorize the
Summer Recreation Program as submitted in the amount of $12,600 in cooperation with
the Nederland Independent School District. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize transfer
of permit to operate a cable antenna television service in Nederland from King
Community Television Co., Inc., to Liberty TV Cable, Inc., and to adopt the follow-
ing Amendment to Ordinance No. 220. All Voted Ave.
AN AMENDMENT TO ORDINANCE NO. 220 '
AN ORDINANCE GRANTING TO LIBERTY T.V. CABLE, INC., THE RIGHTS, PRIVILEGE AND PERMIT
TO USE THE STREETS, AVENUES, HIGHWAYS, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY
OF NEDERLAND, TEXAS, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING IN,
P
Minutes Continued, May 10,197;
OVER AND ACROSS THE STREETS, AVENUES, PARKWAYS AND PUBLIC PLACES NECESSARY EQUIPMENT
FOR THE OPERATION OF A COMMUNITY ANTENNA SYSTEM AND A DISTRIBUTION SYSTEM FOR THE
PURPOSE OF SUPPLYING TELEVISION SIGNALS, INCLUDING A CLOSED CIRCUIT SYSTEM, INCLUDING
ANY CLOSED CIRCUIT SIGNAL OR OTHER CLOSED CIRCUIT SYSTEM TRANSMISSION: PROVIDING THE
TERMS AND CONDITIONS UNDER WHICH SUCH RIGHTS, PRIVILEGES AND PERMIT SHALL BE
EXERCISED, AND PROVIDING FOR A CHARGE THEREFOR AND DECLARING AN EMERGENCY, AND
SETTING PENALTIES FOR VIOLATIONS THEREOF.
BE IT ORDAINED BY THE CITY OF NEDERLAND:
Section 1.
The City of Nederland does hereby grant unto Liberty TV Cable, Inc., and its
successors and assigns, hereinafter called "Grantee" all those rights, conditions
and provisions as specifically set out in Ordinance No. 220 approved by the City of
Nederland April 26, 1965, and assigned at that time to King Community Television
Co., Inc.
Section 21.
This ordinance and permit shall take effect upon acceptance by Liberty TV Cable, Inc.,
as specified in Section 23 hereof. Any person, firm or corporation, etc. violating
any of the provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding $200.00
dollars. Each day such violation is committed or permitted to continue shall be
punishable as such hereunder. Provided, that any violation by the Company, its
vendee, lessee or successor of the provisions of this permit or any material por-
tions thereof, or the failure promptly to perform any of the provisions thereof,
shall be cause for the forfeiture of this permit and all rights hereunder to the
City after 15 days written notice to the Company and continuation of such
violation, failure or default.
Section 23.
Grantee shall, within thirty (30) days from the date of the final passage of this
ordinance by the City Council of the City of Nederland, file with the City
Secretary of the City of Nederland a written statement signed in its name and
behalf in the following form:
"To the Honorable Mayor and the City Council of the City of Nederland, Texas:
' Liberty TV Cable, Inc., for itself and its successors, hereby accepts the
attached Amendment to Ordinance No. 220 finally passed by the City Council of
Nederland the 10 day of May, 1977, and agrees to be bound by all of its terms
and provisions.
Each section of
this Amendment
and each part of each
section hereof is declared
to be an independent
section,
or part of the section,
and the holding of any
section or part
thereof to be
unconstitutional, void,
illegal, ineffective or
contrary to the
provisions of
the Charter of the City
of Nederland, or any amend-
ments thereto,
for any reason,
shall not effect any other
section, or part of
'
section of this
ordinance.
Section 22.
This ordinance and permit shall take effect upon acceptance by Liberty TV Cable, Inc.,
as specified in Section 23 hereof. Any person, firm or corporation, etc. violating
any of the provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding $200.00
dollars. Each day such violation is committed or permitted to continue shall be
punishable as such hereunder. Provided, that any violation by the Company, its
vendee, lessee or successor of the provisions of this permit or any material por-
tions thereof, or the failure promptly to perform any of the provisions thereof,
shall be cause for the forfeiture of this permit and all rights hereunder to the
City after 15 days written notice to the Company and continuation of such
violation, failure or default.
Section 23.
Grantee shall, within thirty (30) days from the date of the final passage of this
ordinance by the City Council of the City of Nederland, file with the City
Secretary of the City of Nederland a written statement signed in its name and
behalf in the following form:
"To the Honorable Mayor and the City Council of the City of Nederland, Texas:
' Liberty TV Cable, Inc., for itself and its successors, hereby accepts the
attached Amendment to Ordinance No. 220 finally passed by the City Council of
Nederland the 10 day of May, 1977, and agrees to be bound by all of its terms
and provisions.
N
Minutes Continued, May 10, 1977
Dated the day of , 19
Section 24.
GRANTEE: '
LIBERTY T V CABLE, INC.
BY
The fact that the citizens of the City of Nederland desire to continue with cable
television service and since such service is desirable and necessary in the City
of Nederland creates an emergency requiring this ordinance to be effective
immediately on date of acceptance by Liberty TV Cable, Inc.; and it is so enacted.
PASSED AND APPROVED this the 10th day of May, A. D., 1977.
H. E. NAGEL
Mayor of the City of Nederland, Texas
The above ordinance was duly read,
voted and passed as set forth in
such ordinance.
ALTA FLETCHER
City Secretary, City of Nederland, Texas
Approved as to Form and Legality:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to grant preliminary approval
and call a Public Hearing for 6:30 P. M., June 14, 1977, to adopt an amendment to
Ordinance No. 146 providing for construction of open carports to within five feet from
the front and side property lines, as recommended by the Planning Commission. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize use of the
Old City Hall, 908 Boston, for absentee voting during the County Bond Issue, and use
of the Service Center, Hardy Avenue, for the election to be conducted May 24, 1977.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the following
Amendment to Policy providing for installation of sidewalks on City property. All Voted
Aye.
1
POLICY ON INSTALLATION OF SIDEWALKS ON CITY PROPERTY
Whereas, a policy for installation of sidewalks along public street right of way
I
inside the City of Nederland; and
Minutes Continued, May 10, 1977
Whereas, the City of Nederland will participate in the installation of sidewalks
' in the amount and subject to the conditions as set -out to follow:
1. Any interested property owning citizen or group of property citizens will
deposit total funds with City of Nederland, a minimum of one block or 4
adjourning lots in length equal to $6.00 per linear front foot for four (4)
foot wide sidewalk, equal to $7.50 per linear front foot for five (5) foot
wide sidewalk, and the actual width of walk as specified by City;
2. City of Nederland will provide walk from street right of way line to street
curb line or near street black -top line, but not over 40 linear feet per street
crossing;
3. City of Nederland will provide engineering lay -out and grades for proposed
sidewalk;
4. City of Nederland will cause to be constructed a sidewalk of specified
width and general specifications as follows:
5. City of Nederland will locate walk as necessary to conform with existing
unmovable utility installations and future plans;
6. This policy shall not apply to development of sub - divisions on which
Ordinance No. 121 is applicable;
7. All funds as deposited per Item 1 above will be refunded within one year
after date of deposit if work has not been performed and accepted by City
Council.
Passed and Approved this 10th day of May, A. D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
I ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment to
Herman W. Blanton, Senior Residential Appraiser, in the amount of $1,300 for
appraisal along Nederland Avenue from 12th Street North to approximately 10th
A.
A 4" minimum thickness of (6 x 6 #10 Wire Mesh)
concrete of mix to
obtain crushing strength of not less than 2,500
pounds per square
inch at 28 days on a one inch minimum thickness
sand cushion;
B.
A driveway crossing by sidewalk of a 6" minimum
thickness of
reinforced (6 x 6 #10 Wire Mesh) concrete of mix
to obtain a crushing
strength of not less than 2,500 pounds per square
inch at 28 days
_
on a one inch minimum thickness sand cushion;
C.
Expansion joints of �1" premolded asphalt material
at not less than
'
60 Ft. center to center of expansion joint;
D.
Non -skid trowelled and broomed surface;
5. City of Nederland will locate walk as necessary to conform with existing
unmovable utility installations and future plans;
6. This policy shall not apply to development of sub - divisions on which
Ordinance No. 121 is applicable;
7. All funds as deposited per Item 1 above will be refunded within one year
after date of deposit if work has not been performed and accepted by City
Council.
Passed and Approved this 10th day of May, A. D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
I ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment to
Herman W. Blanton, Senior Residential Appraiser, in the amount of $1,300 for
appraisal along Nederland Avenue from 12th Street North to approximately 10th
G .t,
Minuted Continued, May 10, 1977
and
Street /acquisition of such right -of -way. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve adoption
of Ordinance No. 298 providing for the licensing and regulation of Massage Es-
tablishments. All Voted Aye.
CITY OF NEDERLAND
Ordinance No. 298
AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS
WITHIN THE CITY OF NEDERLAND: DEFINING TERMS: REQUIRING A LICENSE FOR THE OPERATION OF
SUCH AN ESTABLISHMENT AND COMPLIANCE WITH ALL POLICE REGULATIONS AND HEALTH DEPARTMENT
REQUIREMENTS GOVERNING THE MANAGEMENT AND OPERATION THEREOF, PROVIDING THAT ALL LICENSES
AND RENEWAL THEREOF SHALL REQUIRE THE APPROVAL OF THE CHIEF OF POLICE OF SAID CITY:
PROVIDING FOR APPEALS FROM THE ACTION OF THE CHIEF OF POLICE IN REFUSING TO APPROVE
THE ISSUANCE OR RENEWAL OF LICENSES HEREUNDER: PROVIDING FOR THE REVOCATION OF LICENSES
BY THE CHIEF OF POLICE AND FOR APPEAL THEREFROM TO THE REVIEW BOARD OF SAID CITY: DESIG-
NATING THE HOURS DURING WHICH SUCH ESTABLISHMENTS MAY REMAIN OPEN AND THE TYPE OF
QUARTERS IN WHICH SUCH ESTABLISHMENTS MAY CONDUCT THEIR OPERATIONS: PROVIDING FOR
INSPECTION OF THE PREMISES AT ANY AND ALL TIMES BY DULY AUTHORIZED REPRESENTATIVES OF
THE POLICE AND HEALTH DEPARTMENTS OF SAID CITY: MAKING IT UNLAWFUL TO EMPLOY CERTAIN
PERSONS IN SUCH ESTABLISHMENTS; REQUIRING THE LISTING OF THE NAMES AND ADDRESSES OF ALL
EMPLOYEES FOR INSPECTION BY REPRESENTATIVES OF SAID POLICE AND HEALTH DEPARTMENTS; RE-
QUIRING MASSAGE ESTABLISHMENTS TO COMPLY WITH ALL ZONING REGULATIONS AND WITH ALL PRO-
VISIONS OF THE HEALTH DEPARTMENT GOVERNING HEALTH AND SANITATION; REPEALING ALL '
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
FIXING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1.
That Ordinance No. 298, being an ordinance providing for the licensing and regulation
of massage establishments in the City of Nederland be and the same is hereby repealed
so that a new ordinance may be adopted and read as follows:
SECTION 1.
Definitions
For purposes of this ordinance, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Massage" shall mean and include any process consisting in kneading, rubbing,
or otherwise manipulating the skin of the body of a human being, either with
the hand or by means of electrical instruments or apparatus, or other special
apparatus, but shall not include massage by duly licenses physicians, nor massage
of the face practiced by duly licensed beauty parlors or barbershops.
"Massage Establishment" shall mean any building, room, place or establishment '
other than regularly licensed hospital where manipulated massage or manipulated
exercises are practised upon the human body by anyone not a duly licenses phy-
sician, whether with or without use of mechanical, therapeutic or bathing
devices, and shall include Turkish bath - houses. This term shall not include,
however, beauty parlors or barbershops duly licensed under the Penal Code of the
23
Minutes Continued, May 10, 1977
State or registered physical therapists who treat only patients recommended by a
licensed physician and who operates only under such physician's direction.
SECTION II.
License Required
It shall be unlawful for any person to operate a massage establishment in the City
of Nederland without first having obtained a license therefor from the Tax Assessor -
Collector of said City in accordance with the provisions of this section and paying
the fee herein provided. Such license shall only be issued upon the approval in
writing of the Director of Public Health and the Chief of Police and the securing
of a certificate of occupancy from the Building Commissioner. The license shall be
exhibited at all times in such establishment.
SECTION III.
Investigation of Applicant
After an application has been made for an original license or a renewal of an exist-
ing license to operate a massage establishment as defined herein, the Chief of
Police shall cause an investigation to be made of the applicant's character and
shall determine whether or not the applicant has been convicted of any crime
involving moral turpitude in any state, municipal or federal court, or whether the
applicant is a person of unfit character, or whether the holder of a license for
such an establishment, or any employee of such establishment, committed any lewd,
indecent or other act contrary to common decency during the last licensing
period. Such investigation shall also determine whether such an establishment
employs any person convicted of any crime involving moral turpitude in any state,
municipal or federal court or whether such an establishment employs a woman who
has been convicted of vagrancy of prostitution or who is a known prostitute.
SECTION IV.
Applicant to Furnish Names of Employees;
Medical Certificates for Employees Required
At the time of making application for the license required by this ordinance,
the applicant shall furnish to the Health Department of the City of Nederland the
names and addresses of all employees shall be required to secure from the Health
Department a medical certificate certifying that such employee has been examined
and that such examination discloses the fact that said person employed, or to be
employed by such establishment, is free from any infectious or communicable
disease. Such medical certificate shall be valid for a period of six (6) months
from the date of the issuance of same, unless sooner revoked. A fee of Two
Dollars ($2.00) shall be paid upon the issuance of each new certificate or any
semi - annual renewal thereof.
SECTION V.
' License Fee
The annual license fee shall be twenty -five dollars ($25.00) for each such
establishment. If the license is obtained between January 1st and June 30th
of any year, the full amount of such fee shall be paid; if such license is ob-
tained between July Ist and December 31st of any year, the fee shall be one -
half of such amount. No refund shall ever be made of any such license fee.
,r
Minutes Continued, May 10, 1977
SECTION VI.
Refusal to Issue or Renew License
The Chief of Police shall refuse to approve the issuance or renewal of any license
hereunder to any applicant who has been convicted of any crime involving moral
turpitude in any state, municipal or federal court or to any applicant who is a person
of unfit character. The renewal of a license for such an establishment shall be
refused where the holder of said license or any employee of such establishment has com-
mitted any lewd, indecent or other act contrary to common decency during the last
licensing period, or where any such establishment employs any person convicted of any
crime involving moral turpitude in any state, municipal or federal court, or employs
a woman who has been convicted of vagrancy or prostitution, or who is a known pros-
titute.
SECTION VII.
Review Board
There is hereby created a Review Board which shall consist of the Mayor or Mayor
Pro -Tem, City Secretary, the Director of Public Health and the City Attorney or his
designated assistant. The Review Board shall have the power to administrate oaths,
subpoena witnesses and perform such other functions as may be necessary to carry out
its duties under this ordinance.
SECTION VIII. '
Appeal from Refusal to Grant or Renew License
In the event the Chief of Police shall refuse to approve the issuance of an original
license or the renewal of a license to any applicant under the terms of this ordinance,
the action of the Chief of Police shall be final unless the applicant shall, within
ten (10) days after the refusal to approve the issuance or a renewal of a license,
file a written appeal with the City Secretary, addressed to the Review Board, request-
ing a hearing upon the question as to whether or not his application shall be granted.
In the event such appeal is filed, the Chief of Police shall provide the Review Board
with a record of all proceedings theretofore had with reference to the application in
question, including the written application, together with the action of the Chief of
Police and the reasons for such action. The Review Board shall, within thirty (30)
days, grant a hearing thereon to determine the correctness of the action of the Chief
of Police, at which hearing the said Review Board may make such investigation as it
sees fit for the purpose of determining the pertinent facts and ascertaining there-
from whether or not such license shall be granted or refused, and such action as the
Review Board shall take thereon shall be final and conclusive.
SECTION IX.
Revocation of License
Any license issued by the Assessor and Collector of Taxes, after approval in wiitting
by the Director of Public Health and the Chief of Police, may be suspended or re- '
voked by the Chief of Police when it shall appear that the business of the person
to whom such permit was issued has been conducted in a disorderly or improper manner
or in violation of any statute of the state, any provision of this ordinance or any
provision of other ordinances of the City, of that the person conducting such busi-
ness is of unfit character to conduct same, or that the purposes for which such
Minutes Continued, May 10, 1977
license has been issued are being abused, to the detriment of the public, or that
' the license is being used for a purpose different from that for which it was issued
to the license holder. Such notice of revocation shall be given by the Chief of
Police in writing and shall be addressed to the license holder's last known
business address.
SECTION X
Appeal from Decision to Revoke License
In the event the chief of Police revokes the license issued to any license holder
under this ordinance, the action of the Chief of Police shall be final unless the
license holder shall, within ten (10) days after the receipt of written notice
of such revocation, file a written appeal with the City Secretary, addressed to
the Review Board, requesting a hearing by the Review Board upon the question as
to whether or not such license should have been revoked. In the event such appeal
is filed, the Chief of Police shall provide the Review Board with a record of all
the proceedings theretofore had with reference to the revocation of the license in
question, together with the action of the Chief of Police and the reasons therefor.
The Review Board shall, within thirty (30) days, grant a hearing thereon to deter-
mine the correctness of the action of the Chief of Police, at which hearing the
Review Board may make such investiation as it may see fit in determining whether or
not the action of the Chief of Police should be ratified and confirmed or set
aside, and such decision of the Review Board, after such hearing, shall be final
and conclusive as to all parties.
1 SECTION XI
Hours of Operation; Type of Quarters Prohibited
No massage establishment shall be kept open for any purpose between the hours of
10:00 P. M. and 8:00 A. M., and no such establishment shall be operated or conducted
in connection, either directly or indirectly, with any place used for living or
sleeping quarters.
SECTION XII
Right of Inspection
The officers of the Police and Health Departments of the City are hereby authorized
and empowered to enter massage establishments at any time for the purpose of inspec-
tion and for the preservation of law and order and decency. Said officers are
further empowered at any time to have examinations made through the licensed
physicians of the Health Department of the City to determine whether or not
employees of such establishments are infected with any infectious disease.
Interference with the inspection of such premises shall be grounds for the revo-
cation of licenses issued under this ordinance.
SECTION XIII
' Employing Prostitutes Prohibited
It shall be unlawful for any person operating a massage establishment to' employ a
known prostitute in any capacity. therein.
SwrTTnM YT17
List of Employees Required
. i& a
26
Minutes Continued, May 10, 1977
The manager or person in charge of a massage establishment shall keep a list of the
names and addresses of all employees, both on duty and off duty, and such list shall '
be shown to all proper authorities of the Police and Health Departments upon request.
SECTION XV
Operation in Residential Area Prohibited
It shall be unlawful for any massage establishment to be operated in any section of the
City which is zoned for residential purposes.
SECTION XVI
Sanitary Requirements
It shall be the duty of every person conducting or operating a massage establishment to
keep the same at all times in a clean and sanitary condition. All instruments and
mechanical, therapeutic and bathing devices, or parts thereof, that come into contact
with the human body shall be sterilized by a modern and approved method of sterilization
before initial use, and any such instruments and devices, or parts thereof, after
having been used upon one patron, shall be sterilized before being used upon another.
All towels and linens furnished for the use of one patron shall not be furnished for
use of another until the same have been thoroughly laundered.
All masseurs and operators shall wash their hands thoroughly before administering
massage manipulations to each patron accommodated. No person suffering from a
communicable disease shall work or be employed in a massage establishment. No
person suffering from a communicable disease, to the knowledge of the owner, custo-
dian or employees or a massage establishment, shall be accommodated as a patron
therein.
SECTION XVII
Administering Massage to Person of Opposite Sex
It shall be unlawful for any person to administer a massage, as that term is herein
defined, to any person of the opposite sex; provided, however, that this section shall
not apply to any chiropractor, nor shall it apply to any registered physical therapist
or registered nurse operating under the direction of a physician.
SECTION XVIII
Repealing Ordinances in Conflict
This ordinance shall repeal every prior ordinance in conflict herewith, but only
insofar as the portion of such prior ordinance shall be in conflict, and as to all
other sections of ordinances not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such ordinances or portions thereof as are
expressly repealed hereby.
SECTION XIX '
Severability Clause
If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the
�? 7
Minutes Continued, May 10, 1977
remaining portions of this ordinance, and all the remainder of this ordinance not
so declared to be invalid shall continue to be in full force and effect. The City
Council of the City of Nederland hereby declares that it would have passed this
ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
SECTION XX
Savings Clause
All rights or remedies of the City of Nederland, Texas, are expressly saved as to
any and all violations of Ordinance No. 298 of said City of Nederland that have
accrued at the time of the effective date of this ordinance, and as to such
accrued violation the court shall have all the powers and jurisdiction that
existed prior to the effective date of this ordinance.
gPCTTnm XXT.
Penalty
Any person who violates, disobeys, omits, neglects or refuses to comply with any
provision of this ordinance shall be guilty of a misdemeanor and shall be punished
by a fine not to exceed Two Hundred Dollars ($200.00).
SECTION XXII
IEffective Date
This ordinance shall become effective from and after its passage and publication
as required by law.
ATTEST:
ALTA FLETCHER ��f�J 9����j�J
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
�I
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
28
Minutes Continued, May 10, 1977
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment to
Golden Triangle Constructors, Inc., from CDBG funds, And Job 376 -13P Estimate I
No. 2 for water lines, storm sewer, paving, and appurtenances within Clayton
Addition in the amount of $30,800. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize
payment to Winter King & Son, Estimate No. 1, for Police Station /Court Room Building
in the amount of $19,732.50. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize attendance
and expenses of officials as follows: 1. John Bamber, Director of Public Works,
Texas A & M Sanitary Landfill Management Seminar, Baytown, Texas. May 24 -25, 1977;
2. A. A. Salter, Water and Wastewater Superintendent, Texas A & M Basic Instrumen-
tation Course, May 17 -19, 1977. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of
bills for the month of April in the amount of $22,695.40 by General Fund Checks
No. 7483 -7540 and $36,967.81 by Water Fund Checks No. 2394 -2431, a total of
$59,663.21. All Voted Aye.
Discussion items were as follows:
1.
Downtown garbage cans full.
2.
Stop sign missing on corner of Elgin and 12th Street.
3.
Request to turn lights on playing field and possibly moving pole, Service Center.
4.
Invitation from St. Mary's Hospital, National Hospital Week, 5/11/77, 2:30 P.M.
5.
TML Meeting, 5/19/77, 6:30 P. M., Groves Activity Center.
6.
$28,000,000 County Bond Program.
'
7.
Heritage Festival Victory Dinner, invitation to Councilmen, 6:30 P.M., 5/16/77.
8.
Appreciation Dinner for Belle Clift- George Hallmark, The Schooner, 5/20/77.
9.
Registration for Mayor and Councilmen Institute, McAllen, June 4 -7.
10.
Replacement for Mr. Buffington on Zoning Board of Appeals.
11.
Zoning Board of Appeals approved issuance of five new mobile home permits, 5/9/77.
12.
Jefferson County Airport crash truck.
13.
Budget.
The meeting was adjourned at 9:15 P. M.
H. E. NAGEL /y ,E JJ4;: /�
H. E. Nagel, Mayor IV
City of Nederland, Texas
ATTEST:
ALTA FLETCHER XXO� /
Alta Fletcher, City Secretary
City of Nederland, Texas '
29
REGULAR. MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
May 24, 1977
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, 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 correct Minutes of
the previous meeting by inserting the word "and" in the first sentence on Page 22
and to approve the Minutes as corrected. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve renewal of
"TML Workmen's Compensation Joint Insurance Fund" for a 3 -year period from July 1,
1977, and terminating July 1, 1980. All Voted Aye.
Presentation of a petition was made by James and Frances Via for improvement of drainage
along Ithaca from 14th Street to Gulf States Utilities right-of-way. The petition had
fourteen signatures.
A motion was made by Mr. Nagel_ and seconded by Mr. Nugent to acknowledge receipt of
the petition bearing fourteen signatures and to authorize the City Manager and his
staff to make a study of the drainage problem and prepare a recommendation for the
Council at the next regular meeting. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement
for bids on annual needs for water works supplies, chemicals, sewer pipe, tires for City
of Nederland rolling equipment and garbage containers to be received 6 :30 P.M., June 28.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize one (1) Fireman,
James Manuel, to attend the Tenth Lamar University Basic Firemen's Training School com-
mencing June 6, 1977. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to adopt the following
Amendment to Ordinance No. 107 providing for no parking and stop signs. 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 regulations including parking rules,
and required stop signs.
' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1 - NO PARKING
There shall be no parking along the west side of South 12th Street for a distance
beginning 400 feet south of Avenue B continuing for 300 feet. "No Parking This Side of
30
$23.00
Minutes Continued, May 24, 1977
'
5.40
Street" sign shall be erected.
7.50
Section 2 - STOP SIGNS
14.10
A stop sign shall be erected on the following street at the avenue indicated. All
$50.00
drivers of vehicles must come to a somplete stop at such sighs.
20.00
STOP Elgin at 12th Street
70.00
STOP Gary at 12th Street
Section 3 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to comply
with the terms hereof shall be deemed guilty of a misdemeanor, and shall on 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 pro-
visions of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the
24th day of May, A.D., 1977.
H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
City Attorney, City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize attendance of
Councilmen Robert Sawyer and Sam Gillespie to the annual Mayors, Councilmen, and
Commissioners meeting in McAllen on June 4 -7, 1977. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize attendance of
Messrs. A. A. Salter and Kenneth Spell to Water Night School at the City of Groves,
May 30 -June 10. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve a policy for
water and wastewater connection fees in Clayton Addition as follows:
3/4 inch meter
$23.00
Meter Box
'
5.40
Inspection Fee outside city)
7.50
Labor
14.10
Service Cost
$50.00
Deposit
20.00
Total
70.00
The cost for sanitary sewer "hook -up" is the inspection fee of $7.50. All Voted Aye.
31
Minutes Continued, May 24, 1977
Discussion items were as follows:
1. Mr. Leo Bryant requested delegate from City to Austin, May 25th, concerning recently
adopted Resolution.
2. Public auction on bicycles.
3. Height of stop signs changing to 7' clearance.
4. Sign writing on water tank.
5. Mr. Elton Sherman, sewer problem.
6. B. L. Hinson recommended for Zoning Board of Appeals.
7. Need for removal of signs from electrical poles.
8. Meeting of Regional Planning Commission, May 25th, 7 :30 P.M.
9. Sabine- Neches Chief's Association Meeting, report from Chief Sattler.
10. Budget study.
11. "Pure Water" machine.
12. Hurricane Conference, June 9th, 2 :00 P.M., Air National Guard Building.
The Meeting was adjourned at 8:10 P.M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
zz"4.e �l
H. E. Nagel, Mb&or
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 14, 1977
The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel and Mr.
Sam Gillespie. Mr. R. A. Nugent was absent.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes
of the previous meeting of May 24 as written. All Voted Aye.
A Public Hearing was conducted for the purpose of hearing any protests pertaining
to construction of carports to within not less than 5' from the front or side
property lines. No opposition was made known.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc that the following
Amendment to Ordinance No. 146 be adopted. All Voted Aye.
AN AMENDMENT TO ORDINANCE 146
ZONING ORDINANCE OF THE CITY OF NEDERLAND
AN AMENDMENT TO ORDINANCE 146 SECTION 6 WHICH REGULATES AND PROVIDES
RESTRICTIONS FOR BUILDING SETBACK LINES IN RESIDENTIAL DISTRICTS,
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW, AND SETTING AN
EFFECTIVE DATE.
BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS.
SECTION 6
Regulating the building setback line shall be amended by adding an additional
paragraph to read as follows:
Only an open carport may be located not less than five (5)
feet from the front and side property line. Said open
carport shall not be enclosed (including screening, slatting,
etc.) on either side and shall not obscure visability at
corners or intersecting streets and shall be used primarily
for the purpose of a shelter for the owners or occupants private
vehicles.
SECTION 16
PENALTY FOR VIOLATION:
Any person, firm, or corporation violating any of the provisions of
this Ordinance or who shall fail to comply with any of the requirements hereof,or who
shall build or alter any building in violation of any detailed statement or
plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor
and upon conviction shall be fined in any sum not less than one ($1.00) dollar
nor more than Two Hundred ($200.00) dollars, and each day such violation continues '
or exists shall constitute a separate offense. The owner of any building or
premises or part thereof, where anything in violation of this Ordinance shall be
placed or shall exist, and any architect, builder, contractor or agent, person
or corporation employed in connection therewith and who may have assisted in the
commission of any such violation, shall be guilty of a separate offense and
Minutes Continued, June 14, 1977
upon conviction thereof, shall be fined as herein provided.
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 14 DAY OF JUNE, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve, if the
majority of property owners involved are in favor, annexation by Jefferson County
Water Control and Improvement District No. 10 of an area described as Spurlock Road
on the North; N.I.S.D. property line on the East; LNVA Canal ROW on the South; and
27th Street on the West. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following
Ordinance No. 299 giving consent to the creation of a political subdivision within
the city limits of Nederland, Texas, generally referred to as the "Greater Beauxart `
Garden Municipal Utility District of Jefferson County, Texas," generally located as
follows: Northwesterly to Rodair Gully and from U. S. Hwy. 69 Southwesterly to West
Port Arthur Road, excluding that portion designated as Jefferson County Airport.
All Voted Aye.
ORDINANCE NO. 299
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS
GIVING CONSENT TO CREATION OF POLITICAL
SUBDIVISION WITHIN THE CITY LIMITS AND EXTRA-
TERRITORIAL JURISDICTION OF NEDERLAND.
WHEREAS, no political subdivision having as one of its
I purposes the supplying of fresh water for domestic and commercial uses and the
furnishing of sanitary sewer services may be created within the city limits
of any city, town or village or its extraterritorial jurisdiction without
the written consent of such city, town or village; and
WHEREAS, the City Council has heretofore found and determined, and
hereby affirmatively finds and determines, that there exists within the City
-- — " d1 .*
Minutes Continued, June 14, 1977
limits of the City of Nederland, Texas, and within its extraterritorial juris-
diction, an area wherein it is desired that a political subdivision be created ,
which will include within its purposes the purposes above mentioned; and,
WHEREAS, it is snow contemplated that such proposed political sub-
division shall be organized as a municipal utility district by authority of
Article XVI, Section 59, Texas Constituion; in accordance with and having all the
powers provided by Chapter 54, Title 4, Texas Water Code; and,
WHEREAS, it is tentatively proposed that said political subdivision
shall be known as The Greater Beauxart Gardens Municipal Utility District
of Jefferson County, Texas; Now, Therefore,
BE IT ORDAINED IBY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
1. That all of the matters and facts set out in the preamble
hereof are true and correct.
2. That upon the following terms and conditions the City Council
of the City of Nederland, 'Texas, hereby specifically gives its written consent
to the creation of a political subdivision within the City limits of the City
of Nederland, Texas, and within the extraterritorial jurisdiction of said City,
said political subdivision to be created as a municipal utility district by
authority of Article XVI, Section 59, Texas Constitution, and Chapter 54,
Title 4, Texas Water Code, and tentatively proposed to be called The Greater
Beauxart Gardens Municipal Utility District of Jefferson County, Texas, the
boundaries of such District being described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof for all purposes.
3. That the consent herein granted is conditioned upon the follow-
ing terms and conditions, to -wit:
(a) Prior to the sale or offer to sell any bonds of the District,
a duplicate original of this agreement approved, ratified and executed by the
governing body and officers of the District, will be delivered to the City of
Nederland.
(b) Bonds may be issued by the District only for the purposes as
set out in Chapter 54, Title 4, Texas Water Code. Such bonds shall expressly
provide that the District shall reserve the right to redeem said bonds on
any interest payment date subsequent to the fifteenth (15th) anniversary of the
date of issuance without premium, and shall only be sold after the taking of
public bids therefor, and none of such bonds, other than refunding bonds,
shall be sold for less than 100% of par, provided the net effective interest
rate on bonds so sold, taking into account any premium as well as the interest
rate borne by such bonds, shall not exceed two per cent (2%) above the highest
average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index"
during the one -month period next preceding the date notice of the sale of
such bonds is given and bids for the bonds will be received not more than
forty -five (45) days after notice of sale of the bonds is given.
(c) No land will be added or annexed to the District until the
City of Nederland has given its written consent by resolution of the City
Council to such addition or annexation.
(d) The District, its directors, officers, or the developers and
landowners within the District shall submit to the City of Nederland or its
designated representative before the commencement of any construction within the
District all plans and specifications for the construction of water, sanitary
sewer and drainage facilities to serve such District and obtain the approval
of such plans and specifications. The City of Nederland's expenses of review
and approval of such facilities will be at the expense of the District. The
City may have this review made_ by an independent engineer. Prior to the sale
or offer to sell any bonds of the District, a duplicate orginal of this
Minutes Continued, June 14, 1977
agreement approved, ratified and executed by the governing body and officers of
the District will be delivered to City of Nederland. All water wells, water
' meters, all valves, pipes and appurtenances installed or used within the District
shall conform exactly to the specifications of the City of Nederland. All water
service lines and sewer lines, lift stations, sewer treatment facilities, and
appurtenances thereto, installed or used within the District shall comply
with the City of Nederland's standard plans and specification. The District
will advertise bids for all construction contracts calling for the expenditure
of more than $10,000 and will endeavor to receive four (4) or more bids for
all work. Construction contracts will be awarded to the lowest bidder unless
the City Council of Nederland otherwise grants its consent. Prior to the
construction of such facilities within the District, the District, or its
engineer, shall give written notice by registered or certified mail to the
City of Nederland, stating the date that such construction will be commenced.
The construction of the District's water, sanitary sewer and drainage facilities
shall be in accordance with the approved plans and specifications and with
applicable standards and specifications of the City of Nederland, and during
the progress of the construction and installation of such facilities, the
City of Nederland, or an employee thereof, shall make periodic on- the - ground
inspections.
4. This Ordinance may be repealed by the City at any time prior to
the time the District has been created by the Texas Water Rights Commission.
5. This being an Ordinance not requiring publication it shall
become effective on and after its passage.
PASSED AND APPROVED this the 14 day of June, 1977.
' H. E. NAGEL
MAYOR, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to accept the
resignation of Mr. R. S. Buffington, 808 South 102 Street, from the Zoning
Board of Appeals due to his moving from Nederland, and appointment of Mr.
B. L. Hinson, 719 S -8th Street, to serve the unexpired term on the Zoning
Board of Appeals until June 1, 1978. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize Williams
Air Conditioning Company to replace the air conditioning unit and to install a
20 year glass -lines water heater at the Fire Station for the quoted price of
$1,995.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to table action
authorizing certain revisions to the Fire Station radio console and cabinet area.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize
continuation of a Summer Youth Program as funded by the Economic Opportunity
Commission of Southest Texas and as supervised by City of Nederland. All Voted
Aye.
Minutes Continued, June 14, 1977
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize notification
by letter to the people who signed the petition regarding improvements of drainage
along the 1400 and 1500 Blocks of Ithaca Avenue of recent improvements made in their '
area. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the attendance
and expenses of Councilman Carl "Cropo" LeBlanc to appear before the State Legislature
regarding the proposed legislation governing the operation of Jefferson County
Drainage District No. 7 recently. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of
bills for the month of May in the amount of $13,462.84 by General Fund Checks No.7609-
7682, $33,457.25 by Water Fund Checks No. 2449 -2480, and $3,733.96 by Doornbos
Park Fund Checks No. 226 -234, a total of $50,654.05. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment to
Golden Triangle Constructors, Inc., for Paving and Appurtenances of Clayton Addition
Job No. 376 -13P, Estimate 3, in the amount of $15,200.00; and to Winter King and
Son, Police Station /Courtroom, Estimate No. 2, in the amount of $39,267.00. All
Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize advertise-
ment for bids to construct Service Center sheds and equipment building to be received
6:30 P.M., July 12, 1977. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize instal-
lation of sign designation "Tex Ritter Park" as presented, to be located on the front
of the property on which the Dutch Windmill Museum and La Maison des Acadiens
Museum are located, and to authorize the City to construct the foundation indicated
at approximately $200.00. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to table action per-
taining to payment of electrical services to the Nederland American Little League
ballparks. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertise-
ment for bids to be received at 6:30 P.M., July 12, 1977, to mow and clean in ac-
cordance with Ordinance No. 78 a list of lots as submitted. All Voted Aye.
An executive session was conducted relating to personnel matters and litigation.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint the following
City Officials, as designated by the City Charter, for a period of one year expiring
June 30, 1978: Alta Fletcher, City Secretary /Tax Assessor Collector; Melvin Franks,
City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; Austin W.
Sattler, Fire Chief /Fire Marshal; and W. E. Sanderson, City Attorney. All Voted Aye.
Discussion items were as follows:
1. Recent legilation.
2. Donation of trees to park.
3. Survey.
4. KCS Railroad Easement.,
5. Garbage Bags.
6. Bar -B -Que at Patterson Ranch, Wednesday, 2 -8.
The meeting was adjourned at 10:30 P.M.
ATTEST: H. E. NAGEL �T _
ALTA FLETCHER Mayor, City of Neder and, Texas
Alta Fletcher, City Secretary
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 28, 1977
The meeting was called to order at 6:30 P. M. by Mayor Pro -Tem, R. A. Nugent.
Members present were Mr. C. N. LeBlanc, Mr. R. A. Nugent, and Mr. Sam Gillespie.
Members absent were Mayor H. E. Nagel, and Councilman R. D. Sawyer.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to approve Minutes
of the previous meeting of June 14, 1977 as written. All Voted Aye.
A Public Hearing was conducted on proposed uses of Revenue Sharing funds to
afford the citizens an opportunity to express their opinions on the proposed
use of Revenue Sharing and entitlements as follows: Street Lights, $27,000.00;
Electricity Sewer Plant, $32,000.00; Electricity Water Plant, $12,000.00;
Interest and Principal Bonds, $40,417.00, making a total of $111,417.00. No
opposition was made known.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the
use of Revenue Sharing Funds for the following: Street Lights, $27,000.00;
Electricity Sewer Plant, $32,000.00; Electricity Water Plant, $12,000.00; All
Voted Aye.
Sealed bids were received, opened, and read for annual supplies as follows:
Proposal No. 1 - Waterworks Supplies; Proposal No. 2 - Chemicals; Proposal
No. 3 - Sewer Pipe; Proposal No. 4 - Tires for City of Nederland Rolling
Equipment; Proposal No. 5 - Garbage Containers. Bidders were Can -Tex Industries,
Rohan Company, Utility Supply, Southwest Meter, Rockwell International, Western
Pipe and Supply, Eagle Pipe and Supply, Mabry Foundry, Meter Repair Service,
Thompson- Hayward, Van Waters & Rogers, Eagle Pipe & Supply, American Cyanimia,
Stauffer Chemicals, McKesson, Diamond Shamrock, Regent Chemical, J. W. Jones
Chemicals, Municipal Pipe, Fuller Supply, Badger Meter, Gamon, Hersey Products,
Rockwell International, American Environmental, SCI Equipment Corp., War -Pak,
Duncan, Pak Mor, and Hobbs Trailers.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the
bids for annual supplies to the City Manager and his staff for tabulation and
recommendation. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the
firm of Moore, Stansbury, & Vaught to prepare preliminary plans and estimates
(payment for which contingent upon future funding authorization) for certain
improvements to C. Doornbos Park; authorize City Manager to make application
to Texas Parks and Wildlife for a 50 percent grant from United States Bureau
of Outdoor Recreation, total estimated cost of $402,560.00 for the following
C. Doornbos Park improvements: 1. An "L" shaped 25 meter /25 yards swimming
pool with bath house, landscaping, walkway, driveways, and parking. 2. Two
tennis courts. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to appoint Civil
Defense officials in accordance with Ordinance 41187 for a period of one year
Minutes Continued, June 28, 1977
from June 30, 1977 as follows: Jerry McNeil, Director; and Billy Neal, Assistant
Director. (Mr. Vincent Grillo, who was previously .Assistant Director, is moving
away from the city.) All Voted Ave.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action granting
approval of parking plan on private and public property corner of 11th Street and
between Chicago and Detroit Avenue, as paid for by :Ritter Lumber Company due to lack
of full Council. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to table action granting
pipeline permit to Texas Pipeline Company to construct a pipeline along Gulf States
Utilities right -of -way from the north city limits to the south city limits. All Voted
Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize advertisement
for bids to be- received July 26, 1977 at 6:30 P. M., for budgeted firehose. All Voted
Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action approving
first reading of annexation ordinance covering an area adjacent to Canal Street at the
corner of Fairbanks; and /or approvalof letter stating the Council's attitude toward
extension of Jefferson County Water Control and Improvements District No. 10 as shown
on a request from Mr. James Handley, All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to grant temporary approval
of the office of Equal Opportunity Commission and others to use jointly the building
located at 920 Boston Avenue with the R.S.V.P. organization. All Voted Aye.
Discussion Items Were As Follows:
1. Re- Stripe 27th Street and Nederland Avenue.
2. Right hand turn off Nederland Avenue at 27th Street.
3. Console for Fire Department.
4. Sign applications.
5. Study - Not having future connection from Airport; ROW landowners return to the
county amount paid for ROW.
6. Landfill.
The meeting was adjourned at 8:15 P. M.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER j%'/ �� ',-4-
Alta Fletcher, City Secretary
City of Nederland, Texas
�It
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
July 12, 1977
The meeting was called to
order at 6:30 P. M.
by Mayor H. E. Nagel.
Members present were C.
N. LeBlanc, H. E. Nagel, R. A. Nugent,
and Sam Gillespie.
Mr. Sawyer, Councilman,
was absent.
A motion was made by Mr.
Nugent and seconded
by Mr. LeBlanc to
approve Minutes of the
previous meeting of June
28, 1977 as written.
All Voted Aye.
Mr. Homer Triche, Mayor
Pro -Tem of Groves was
recognized as a
visitor.
Presentation of a report
on the annual Summer
Recreation Program
was made by Mr.
George Hawkins. Mr. Hawkins was accompanied
by Mr. Dave Coco.
He reported a very
successful 1977 program.
His recommendation
for the 1978 Summer
Recreation Program
is as follows:
"WALK
ON SCHOOL PROGRAM"
1978
SUMMER RECREATION PROPOSAL
SITES
TIME
PERSONNEL
BUDGET
NEDERLAND HIGH SCHOOL
8:00 A. M.
1 SUPERVISOR
LABOR: $1,320
12:00 NOON
1 INSTRUCTOR
SUPPLIES 200
1 AIDE
NEDERLAND HIGH SCHOOL
2:00 P. M.
1 SUPERVISOR
LABOR: $1,320
6:00 P. M.
1 INSTRUCTOR
SUPPLIES 200
CENTRAL JUNIOR HIGH
8:00 A. M.
1 SUPERVISOR
LABOR: $1,600
12:00 NOON
3 AIDES
SUPPLIES 200
CENTRAL JUNIOR HIGH
1:30 P. M.
1 SUPERVISOR
LABOR: $1,300
5:30 P. M.
2 AIDES
SUPPLIES 200
HIGHLAND PARK ELEMENTARY
8:00 A. M.
1 SUPERVISOR
LABOR: $1,200
12:00 NOON
2 AIDES
SUPPLIES 200
HELENA PARK ELEMENTARY
8:00 A. M.
1 SUPERVISOR
LABOR: $1,260
12:00 NOON
1 ASSISTANT
SUPPLIES 200
HILLCREST ELEMENTARY
8:00 A. M.
1 SUPERVISOR
LABOR: $1,200
12:00 NOON
2 AIDES
SUPPLIES 200
TENNIS PROGRAM
8:00 A. M.
1 INSTRUCTOR
LABOR: $ 720
(CENTRAL COURTS)
12:00 NOON
1 AIDE
SUPPLIES 200
ARTS AND CRAFTS
8:00 A. M.
1 SUPERVISOR
LABOR: $1,200
12:00 NOON
2 AIDES
I O
Minutes Continued, July 12, 1977
TRACK PROGRAM FLEXIBLE
1 SUPERVISOR
LABOR: $1,200
2 AIDES
SUPPLIES 200
SWIMMING (RECREATIONAL) 1:00
P. M.
1 POOL MANAGER
LABOR: $1,000
7:00
P. M.
2 LIFE GUARDS
ADMINISTRATIVE 8:00
A. M.
1 DIRECTOR
LABOR: $1,500
6:00
P. M.
TOTAL BUDGET $16,620
NOTE: NEDERLAND HIGH SCHOOL WILL BE RESTRICTED TO JUNIOR AND SENIOR HIGH AGES
WHILE ALL OTHER SITES WILL BE RESTRICTED TO THE ELEMENTARY AGE CHILDREN.
1977 PERSONNEL 1978 PERSONNEL (PROPOSED)
1 DIRECTOR (A.M. & P.M.) 1 DIRECTOR (A.M. & P.M.)
1 ASSISTANT DIRECTOR (A.M. & P.M.) 1 ASSISTANT DIRECTOR (A.M. & P.M.)
4 SUPERVISORS 7 SUPERVISORS
5 INSTRUCTORS 3 INSTRUCTORS
2 ASSISTANTS 1 ASSISTANT
2 AIDES 17 AIDES
1 POOL MANAGER 1 POOL MANAGER
2 LIFEGUARDS 2 LIFEGUARDS
18 JOBS = $12,600 BUDGET 33 JOBS = $16,620 BUDGET
Sealed bids were received, opened, and read for construction of Service Center
sheds and equipment building. Bidders were as follows: McBride Construction
Company, $49,955; Duckworth, Inc., $50,749; Ritter Lumber Company, $49,400;
Liberty Industrial Construction, $46,198; Mar -Len, Inc., $49,973; Norstok Steel
Buildings, $49,890; Modern Steel Buildings, $41,812; Wescott Construction Com-
pany, $47,435.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids
for construction of Service Center sheds and equipment building to the City
Manager and his staff for tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for the mowing and cleaning of several
lots and tracts in accordance with Ordinance No. 78. Bidders were as follows:
G. S. Sturdivant, $137.00; and Cureton & Son, $233.00.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table the bids for
mowing and cleaning of lots and tracts until later in the meeting in order for the
bids to be tabulated by Mr. McKinney. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to grant a permit to
Texas Pipeline Company to install a pipeline along Gulf States Utilities right -of-
way from South City Limits to North City Limits contingent upon the addition of
clause providing for any required moving of line to be at the expense of Texas
Pipeline Company. All Voted Aye.
L
1
u
Minutes Continued, July 12, 1977
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the
surfacing of parking lot along 11th Street between Chicago and Detroit Avenues
upon both private and public property by Ritter Lumber Company; Mr. Allan B. Ritter.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for the
mowing and cleaning of several lots and tracts in accordance with Ordinance No. 78
to G. S. Sturdivant at a cost of $137.00 on the basis of his low bid. All Voted Aye.
A RESOLUTION
WHEREAS, certain property owners within the limits of the City of Nederland are in
violation of City Ordinance No. 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 No. 78, the Fire Chief of the City of Nederland
gave proper notice to the property owners of the herein described property, that
unless Ordinance No. 78 was complied with, within ten (10) days, the City of
Nederland would have the weeds, grass and brush cut and /or property cleaned, and
all costs, plus 10% interest, would be adjudged against the owner of the property
herein described, and a lien placed on the said property for said monies;
WHEREAS, the owners of the herein described property, to -wit:
Lot 24 Blk 7 Airport Lot 9 Blk 16 Wagner II
Lots 22 -23 Blk 7 Airport Lot 9 Tr 4 Blk 17 Rg I PALCO
Lots 22 -23 Blk 8 Airport Pt. Lot 1 Tr 25 Blk 16 Rg F PALCO
Lot 25 Blk 7 Airport Lot 1 Blk 17 Rg I PALCO
Lot 26 Blk 7 Airport Sec. 15 Tr 8 T & N 0
Lots 20 -21 Blk 7 Airport Sec. 15 Tr 11 T & N 0
Lot 13 Blk 14 Hillcrest I Lot 1 Blk 3 Staffen
Lot 9 Tr 11 -14 Blk 7 Hillcrest II Lot 16 Blue Bonnett
Lot 10 Blk 1 Hillcrest II Lot 15 Blk 7 Johnson
Lot 16 Blk 35 Wagner I Lot 24 Blk 1 Burson
Lots 5 & 6 Blk 33 Wagner I Lot 4 Blk 2 Moak
Lot 2 Blk 2 Wagner I Lots 5 -6 Blk 1 Midway
Pt. of Lot 3 Blk 2 Hillcrest II
have not complied with Ordinance No. 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, or the property cleaned,
and a lien placed upon the property as provided by the City Ordinance and the laws
of the State of Texas;
WHEREAS, since the City of Nederland does not have the proper equipment to perform
such work, it is necessary to enter into an agreement with a private contractor to
do such work;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
That the Mayor be and he is hereby authorized to execute in behalf of the City of
Nederland, an agreement with G. S. Sturdivant, to cut the weeds, grass and brush
on the herein described property for a total consideration of $137.00 and the City
Secretary is authorized to attest to same and to affix the seal of the City of
Minutes Continued, July 12, 1977
Nederland thereto.
PASSED by the City Council, this 12th day of July, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER —
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
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 authorize a 3 -year ,
lease with Sun Oil Company for sanitary landfill site and a 3 year agreement with
the other five (5) cities participating in the Mid - County Sanitary Landfill operation,
LEASE AGREEMENT
THIS AGREEMENT made this 12th day of July, A. D. 1977, by and between Sun Oil
Company of Pennsylvania, hereinafter called "Lessor" and the City of Nederland,
Texas, hereinafter called "Lessee ".
W I T N E S S E T H:
THAT, for and in consideration of the mutual benefits to be derived by the
parties hereto upon performance of the covenants and agreements as hereinafter set
forth, Lessor does hereby demise and let unto the Lessee all that certain tract or
parcel of land, situated in Jefferson County, Texas, more particularly bounded and
described as follows, to -wit:
Beginning at a point for reference said point being the most Westerly
corner of a tract of land owned by Sun Oil Company, and being in the
North R.O.W. line of the K.C.S. Railroad also being the Southeast cor-
ner of the City of Nederland 4.0 acre tract;
Thence, North 42 deg 02 min 05 sec East a distance of 563.59 feet to
a %2" diameter reinforcing rod a point for corner, said point being in
the East line of the City of Nederland 4.0 acre tract also the beginning
point for herein described tract of land;
Thence, South 69 deg 26 min 35 sec East a distance of 421.88 feet to
a !I" diameter reinforcing rod a point for corner; Thence, North 52 deg
09 min 00 sec East a Distance of 2528.10 feet to a point for corner;
said point being in the East line of the William Carroll Survey also
being the Northwest corner of the Andrew J. Steward Survey (Patent
Minutes Continued, July 12, 1977
No. 587) ;
Thence, along the North line of the Andrew J. Stewart Survey (Patent No. 587)
East a distance of 83.33 feet to a point for corner said point being the
Northeast corner of the Andrew J. Stewart Survey (Patent No. 587) also the
Northwest corner of the Ogistie Montee Survey (Abstract No. 177);
Thence, South along the East line of the Andrew J. Stewart Survey and the West
line of the Ogistie Montee Survey a distance of 1824.78 feet to a point for
corner;
Thence, West a distance of 1102.42 feet to a point for corner;
Thence, North 83 deg 03 min 41 sec West a distance of 794.55 feet to a point
for corner;
Thence, North 69 deg 26 min 35 sec West a distance of 699.98 feet to a point
for corner, said point being in the East line of the City of Nederland. 4.0
acre tract;
Thence, North 42 deg 02 min 05 sec East a distance of 107.46 feet to the place
of beginning of this tract containing 52.63 acres of land, more or less.
TO HAVE AND TO HOLD the above described premises unto Lessee for a term
of three years commencing on the first day of January, 1978 and ending on the
thirty -first day of December, 1980 upon the following terms and conditions:
1. Lessee shall use said premises (or such portions thereof as it may
elect) as a garbage and refuse dump site and for no other purpose without the
written consent of Lessor. It is understood and agreed that Lessor shall have
the right to continue using the described premises for its own garbage, refuse,
and debris dump free of charge.
2. Lessee shall not erect any buildings or structures on the premises
other than those of a temporary nature normally required for the operation of
the dump. Upon expiration or termination of this lease Lessee shall remove
all buildings or structures placed upon the premises.
3. Lessee shall not remove the garbage, refuse, fill or any roadway
improvements placed upon the premises, but same shall remain and become a part
of the realty at the expiration or termination of this lease.
4. Lessee accepts the leased premises in their present condition and
as a part of the consideration hereof does expressly agree to pay, discharge,
defend and indemnify Lessor against any and all loss, cost, damage, claim or
expenses sustained by Lessor (1) on account of, or resulting from, the use of
the said premises, or any part thereof, by the Lessee, or by any others making
use of said premises with either the express or implied consent of Lessee;
(b) arising out of, or directly or indirectly due to, any failure of Lessee
in any respect to promptly and faithfully satisfy its obligations under this
lease; (c) arising out of, or directly or indirectly due to, any accident or
other occurrence causing injury, death or damage to any person or persons or
property whomsoever or whatsoever, resulting from Lessee's use of, or permission
to use said premises, or any part thereof.
During the performance of the work hereunder, Lessee shall take out, carry
and maintain, in insurance company or companies, and in policies of insurance
acceptable to Lessor, the following insurance with limits not less than those
shown below:
Comprehensive General Liability Insurance, including Contractural Lia-
44
Minutes Continued, July 12, 1977
bility, and Products - Completed Operations Liability as well as coverage on all con-
tractor's equipment rented, hired or used on the job, with limits not less than
$100,000 each person, $300,000 each occurrence, $300,000 aggregate. Property
damage limits of $5,000 each occurrence and $25,000 aggregate. Before commencing
work, Lessee shall furnish Lessor, for its approval and retention, certificates
of insurance, which will provide that in the event of any material change in or
cancellation of the insurance, ten (10) days advance written notice shall be
given to: Sun Oil Company of Pennsylvania, Corporate Real Estate Department,
1608 Walnut Street, Philadelphia, Pennsylvania 19103.
5. Lessor shall at all times have the right of free access to the leased
premises for the purpose of inspecting and /or exhibiting the same.
6. Lessee agrees to observe and comply with all rules, regulations and
laws now in effect or hereafter enacted by any municipal, county, state or federal
authorities having jurisdiction over said premises and which are applicable to
the use of same. In addition, Lessee agrees to conduct the dumping operation in
a manner satisfactory to Lessor, to prohibit hazardous material from being placed
on the property and to cease dumping on all or any ;part of the demised premises
when the desired elevation, as determined by the Lessor, has been reached.
7. Lessee shall prohibit all fires on the demised premises in the operation
of the garbage and refuse dump. Should a fire accidently occur, Lessee shall take
prompt action to bring the fire under control and continue all reasonable action
necessary to completely extinguish said fire.
8. Lessee agrees to prohibit the use of firearms on the leased premises
unless demand necessary by Lessee to perform a municipal function, in which event,
the use of firearms shall be under the direct supervision of Lessee's Police
Department.
9. Lessee agrees at its own cost and expense to erect and maintain a 6'
chain link fence in the locations mutually agreed upon to prohibit trespassing
by unauthorized persons both during and after normal hours of operation. Upon
expiration or termination of this lease, all fencing installed by Lessee shall
remain and become the property of the Lessor.
10. In the event Lessor shall at any time require the demised premises,
or any part thereof, for its corporate purposes, or in the event of the sale of
said premises, or any part thereof, Lessor shall have the right and privilege to
cancel and terminate this lease upon giving the thirty (30) days' written notice.
11. Lessor reserves the right to place, maintain, repair and replace one
or more pipelines now or hereafter- constructed over and across the demised prem-
ises.
12. Lessee shall not assign this lease nor sublet all or any part of the
demised premises.
13. Any notice which under the terms of this Lease must or may be given
to the parties hereto shall be in writing and mailed by registered mail as I
follows:
If to Lessee: Mayor, City of Nederland
Nederland, Texas 77627
4 :_,
Minutes Continued, July 12, 1977
If to Lessor: Sun Oil Company of Pennsylvania with copy to
Corporate Real Estate Manager, Sun Oil Terminal
1608 Walnut Street P. 0. Box
Philadelphia, Pa. 19103 Nederland, Texas 77627
IN WITNESS WHEREOF, the parties hereto have cuased this lease to be signed
by their and each of their duly authorized officers, and their respective
corporate seal to be hereunto affixed, all the day and year first above written.
ATTEST:
SUN OIL COMPANY OF PENNSYLVANIA
BY:
Assistant Vice President
ATTEST:
THE STATE OF X
COUNTY OF X
CITY OF NEDERLAND
BY:
An Executive Session with the City Attorney was conducted regarding possible
litigation which resulted in the following action:
A motion was made by Mr. Gillespie and seconded by Mr. Nugent that we authorize
preparation of contract with Union Oil Company for presentation at next regular
meeting. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to call a Public
Hearing for August 9, 1977 to proceed with annexation procedures of approximately
38 acres of land better known as Peterson Tank; also, to reject a request made by
Water Control and Improvement District No. 10 in their letter dated June 20, 1977
to extend the boundary. All Voted Aye.
A presentation was made of the 1977 -1978 Fiscal Budget for the City of Nederland.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve a Resolution
setting a Public Hearing for 6:30 P. M., August 9, 1977, for adoption of the
1977 -1978 Fiscal Budget for the City of Nederland. All Voted Aye.
RESOLUTION
A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE
CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER,
SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1977,
AND ENDING SEPTEMBER 30, 1978.
WHEREAS, the City Manager has prepared and submitted to the City Council a
budget estimate of expenditures and revenue of all city department activities,
and offices for the Fiscal Year beginning October 1, 1977, and ending
September 30, 1978, and;
WHEREAS, such proposed and estimated budget, after due hearing and consider-
ation, should be approved in its proposed, or amended form.
Minutes Continued, July 12, 1977
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS: ,
That the budget as prepared and submitted by the City Manager for the total
expenditures in each of the various departments of the City of Nederland for the
Fiscal Year beginning October 1, 1977, and ending September 30, 1978, is hereby
accepted and a Public Hearing is hereby set for 6:30 P. M., August 9, 1977, 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 12th
day of July, A. D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER _
Alta Fletcher, City Secretary
City of Nederland, Texas ,
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize adver-
tisement for bids to be received 6:30 P. M., August 9, 1977 for repair or
renovation of the Water Plant control equipment. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reject quotations
for relocation of signs and other appurtenances along Nederland Avenue and inter-
sections to permit widening and to advertise for bads on the work to be received
6:30 P. M., August 9, 1977. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve payment to
Golden Triangle Constructors, Inc. from Community Development Block Grant Program,
Job 376 -13P, for improvement in Clayton Addition, ]Estimate No. 4 in the amount of
$22,300.00. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize change
order No. 376 -13P -1 in contract with Golden Triangle Constructors, Inc. to
eliminate inverted penetration street surface and to provide for hot mix street
surface, and no change in cost. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bids for
annual supplies as follows:
Proposal No. 1 - Waterworks Supplies Utilities Supply $ 5,814.10
Repair Service 7,610.00
$13,424.10
Minutes Continued, July 12, 1977
Proposal No. 2 - Chemicals
Liquid Chlorine Thompson Haywood $ 231.00
Liquid Alum Stauffer 86.84
Liquid Caustic Jones 2.85
Hydroflourosilic Acid Thompson Haywood 11.50
Total $ 332.19
Proposal No. 3 - Sewer Pipe Can -Tex $ 1,553.00
Proposal No. 4 - Tires No Bids
Proposal No. 5 - Garbage Containers War -Pak, Inc. $11,275.60
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize
attendance and expenses at the following schools:
Mr. A. A. Salter Water Pollution Control Technology Course
July 18 -22, 1977 Bryan, Texas
Mr. Kenneth Meaux Basic Instrumentation School
July 26 -29, 1977 Port Arthur, Texas
Chief Austin Sattler Firemen's Training School
Asst Fire Marshall July 24 -29, 1977 Texas A & M University
Mark Cheney College Station, Texas
Mike Lovelady, Fireman
Walter Stokes, Volunteer
and 12 of another volunteer expenses
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize
appraisal right -of -way acquisition from Shelley Turner, corner of Hardy and
Nederland Avenue and authorize acquisition of same; and to authorize payment
to Herman Blanton, S.R.A., in the amount of $250.00 for the appraisal.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve payment
of bills for the month of June, 1977 in the amount of $14,202.79 by General
Fund Checks No. 7720 -7781 and $46,213.04 by Water Fund Checks No. 2489 -2526,
and $3,921.02 by Doornbos Park Fund Checks No. 235 -240, a total of $64,336.85.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the
fence project around three (3) elevated storage tanks and to approve payment
to Hines Quality Fences in the amount of $3,648.65 less $400.00 for fiber-
glass board for a total of $3,248.65. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to award the
bid for Service Center sheds and equipment building to Modern Steel Buildings
at a total cost of $41,812.00. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the
renovation of the Firemen's dispatch room and radio console. All Voted Aye.
(1
Minutes Continued, July 12, 1977
Discussion items were as follows:
1. Ritter property on Avenue "H" not being mowed.
2. Intersection at 27th and Nederland Avenue.
3. Requests for trails to be provided in Doornbos Park for joggers.
4. Detroit and 10th Street house being used to store paint.
5. Sewer bill of Larry Minaldi.
6. Demonstration of water treating machine.
The meeting was adjourned at 10:45 P. M.
H. E. NAGELY
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER Z�/.&
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
'J
t
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
July 26, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent, and
Sam Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of July 12, 1977 as written. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize a letter
agreement with the First Assembly of God Church granting permission for them to
construct closure gates and to close a section of 20th Street between Nederland
Avenue and Atlanta from 9:30 A. M. to 12:30 P. M. on Sundays. All Voted Aye.
July 26, 1977
First Assembly of God Church
2004 Nederland Avenue
Nederland, TX 77627
Gentlemen:
This is to advise that the Nederland City Council acted during the meeting of
July 26, 1977, to authorize temporary closing of 20th Street for a distance of
200 feet at mid -block between Nederland Avenue and Atlanta Avenue every Sunday
morning at 9:30 A. M. to 12:30 P. M., and that this is to begin on the first
Sunday in September, 1977.
It is understood that the First Assembly of God Church will construct permanent
type swing gates similar to those along Franklin between 12th and 13th Streets
adjacent to Langham Elementary School. It will also be understood that the
pastor of the church or his representatives will be responsible for seeing that
the gate is closed and then reopened in accordance with the times stated above.
Sincerely yours,
CITY OF NEDERLAND
Nederland City Council
HEN /lra by Homer E. Nagel, Mayor
CC: Mr. D. B. Henson, City Manager
Mr. Billy Neal, Chief of Police
Mr. W. E. Sanderson, City Attorney
ACCEPTANCE:
Board, First Assembly of God Church
Minutes Continued, July 26, 1977
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to accept Allan
Meadow Subdivision Section II in accordance with Ordinance No. 121 and authorize
advertisement for bids on water and sewer utilities to be received at 6:30 P. M.,
'
August 23, 1977, as recommended by the Planning Corunission on July 25, 1977. All
Voted Aye.
Sealed bids were received, opened, and read for the following material: I. 600 l.f.
22" Fire Hose; II. 2 Air Packs; I:II. 4 Air Bottles;; IV. 1 Air Mask. Bidders were
Chromalloy, Delta Safety & Supply Co. of Groves, and Claude Wright & Associates of
Houston.
A motion was made by Mr. Sawyer and seconded by Mr„ Gillespie to award the bid
for 600 l.f. 2z" Fire Hose, 2 Air Packs, 4 Air Bottles, and 1 Air Mask to Claude
Wright and Associates of Houston on the basis of their low bid. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to table action on
acceptance on the plat for Highland North Unit I Subdivision located in Nederland's
extraterritorial jurisdiction adjacent to Spurlock Road in accordance with Ordinance
No. 223. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payment to
Winter King & Son Contractor Estimate No. 3 for Police Station /Courtroom Building
in the amount of $23,836.50, as recommended by Moore, Stansbury, & Vaught Architects.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Industrial
District agreement, Ordinance No„ 300, with Union Oil Company covering their pro-
perties located adjacent to the Neches River. All Voted Aye.
ORDINANCE NO.
ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN INDUSTRIAL DISTRICT
OVER CERTAIN TERRITORY OF UNION OIL COMPANY OF CALIFORNIA; ESTABLISH-
ING THE VALUATION OF CERTAIN PROPERTY OF UNION OIL COMPANY OF CALI-
FORNIA AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RELATING
THERETO; AND CONTAINING PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the Mayor Pro Tem and City Council of the City of Nederland, Texas,
and Union Oil Company of California, are mutually desirous of entering into a
contract establishing an industrial distric over certain property owned by Union
Oil Company of California; and
WHEREAS, this City Council deems it desirable that said City enter into an
agreement in writing establishing an industrial district; Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1•
That the Mayor Pro Tem, the City Council, and the City Secretary, of the '
City of Nederland, Texas are hereby authorized to execute an agreement in writing
with the said Union Oil Company of California, which agreement shall be in sub-
stantially the following form:
AGREEMENT
ITHE STATE OF TEXAS Z
COUNTY OF JEFFERSON X
l�
Minutes Continued, July 26, 1977
This agreement, made and entered into by and between the CITY OF NEDERLAND,
TEXAS, a Home Rule municipal corporation in Jefferson County, Texas, hereinafter
called "City ", acting by and through its Mayor Pro Tem and the members of its City
Council, and UNION OIL COMPANY OF CALIFORNIA, a California corporation, with permit
to do business in Texas, hereinafter called "Company ".
WITNESSETH THAT:
WHEREAS, Company is the owner of the property hereinafter described in Para-
graphs I and II, and
WHEREAS, the City of Nederland has previously enacted Ordinances Nos. 170,
172 and 188, which annexed a portion of Company's property to City; and
WHEREAS, an agreement dated March 20, 1961 between City and The Pure Oil
Company, predecessor to Company, has proven to be a workable and a satisfact-
ory solution to determining what portion of Company's property should be within
the City's corporate limits and subject to City taxation; and
WHEREAS, City and Company wish to continue such agreement, with alterations,
for an additional period; and
WHEREAS, Article I, Section 5, of Chapter 160, Page 447, Acts of the 58th
Legislature of Texas, 1963, grants to City the right, power and authority to
designate any part of the area located in its extraterritorial jurisdiction as an
industrial district and grants to City the right and power to enter into an
agreement with Company to guarantee the continuation of the extraterritorial
status of the hereinafter described real estate of Company for a length of time
not to exceed seven (7) years.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the sufficiency of which is acknowledged, it is agreed by and
between the parties as follows:
I.
City and Company agree, and City hereby affirmatively finds, that the
following described real estate was annexed to City by Ordinances 170, 172, and
188:
(1) BEGINNING at a point on the Neches River at the intersection of the common
boundary line or the common boundary line projected of the properties of
The Pure Oil Company and the Sun Oil Company;
THENCE South 30 46' East along said common boundary line or common boundary
line projected 32.96 feet to a point which is 25 feet distant, measured at
right angles, from the Neches River;
THENCE following said River and its meanders and along a line 25 feet
distant from the bank of such river, the following 6 courses and distances:
North 450 34' East 48.06 feet
THENCE North 860 51' East 91.60 feet
THENCE North 640 09' East 153.82 feet
THENCE North 860 47' East 127.90 feet
THENCE South 830 38' East 141.08 feet
THENCE North 790 37' East 194.72 feet
Minutes Continued, July 26, 1977
THENCE approximately parallel to the ramp to The Pure Oil Company wharf
North 180 47' East 149.09 feet to an intersection with the West line of
the warehouse on The Pure Oil Company wharf;
THENCE along the West, South and East lines of said warehouse, the follow-
ing 3 courses and distances:
South 270 33' East 51.55 feet
THENCE North 620 27' East 82.0 feet
THENCE North 270 33' West 52.5 feet to an intersection with column line "A"
on The Pure Oil Company wharf;
THENCE along said column "A" North 620 27' East 1054.0 feet to a point 25
feet distant from column line 117 on said wharf;
THENCE South 270 33' East 227.35 feet to a point 25 feet distant from the
Neches River;
THENCE following said rives- and its meanders and along a line 25 feet
distant from the bank of such river, the following courses and distances:
North 620 22' East 255.73 feet
THENCE North 380 23' East 1.88.65 feet
THENCE North 590 29' East 559.64 feet
THENCE North 620 42' East 7.102.10 feet
THENCE North 720 44' East to a point which is 25 feet distant, measured
northwestwardly at right angles, from the southeasterly line produced of
Block 17, Port Arthur Land Company Subdivision;
THENCE parallel to the southeasterly line of said Block 17, South 360 37'
West to a point which is 25 feet distance, measured southwardly at right
angles, from the south line of Highway 366;
THENCE parallel to the sough line of Highway 366, North 780 44' East to an
intersection with the present Nederland City Limits;
THENCE northwardly along the present Nederland City Limits, 25 feet more
or less to an intersection with the south line of Highway 366, said point
being also a corner of the present Nederland City Limits;
THENCE along the south line of Highway 366, South 780 44' West to an inter-
section with the southeasterly line of Block 17, Port Arthur Land Company
Subdivision;
THENCE along the said southeasterly line of Block 17, North 360 37' East
to the Neches River;
THENCE with the meanders of the Neches River the following courses and
distances:
South 720 44' West 433.44 feet
THENCE South 620 42' West 1105.0 feet
THENCE South 590 29' West 565.0 feet
THENCE South 380 23' West 188.0 feet
THENCE South 620 22' West 225.38 feet to a point opposite column line 117 on
The Pure Oil Company wharf:;
Minutes Continued, July 26, 1977
THENCE North 270 33' West 256.31 feet to the intersection of column line 117
and column line "F" on the said wharf;
THENCE along said column line "F" South 620 27' West 1160.0 feet to an inter-
section with column line 1 on said wharf;
THENCE along column line 1 South 270 33' East 19.44 feet to a point;
THENCE approximately parallel to the ramp to said wharf South 180 47' West
159.66 feet to the Neches River;
THENCE along said River and its meanders, the following 6 courses and distances:
South 790 37' West 176.37 feet
THENCE North 830 38' West 139.5 feet
THENCE South 860 47' West 135.0 feet
THENCE South 640 09' West 153.8 feet
THENCE South 860 51' West 96.0 feet
THENCE South 450 34' West 36.0 feet to an intersection with The Pure Oil Company
West boundary line and the place of beginning.
SAVE AND EXCEPT that portion of the foregoing land lying within Highway 366 and
said railroad.
(2) For a locative and beginning corner, a point in the southerly right -of -way line
of Highway 366, said point being south 780 44' West 38.44 feet from the inter-
' section of the southerly line of said Highway 366 and the westerly line of
Gage Street said point being also at the intersection of the east line produced
of The Pure Oil Refinery with the south line of Highway 366, said beginning
point being also in the existing City Limits of The City of Nederland;
THENCE from said point of beginning north 170 47' 30" east 182.99 feet to the
southeasterly line of The Pure Oil Company Refinery;
THENCE with the easterly boundary of said Pure Oil Company property north 170 47'
30" east 3107.44 feet to the intersection with the southeasterly line of Block
17 Port Arthur Land Company Subdivision;
THENCE along the southeasterly line of said Block 17 South 360 37' west to a
point which is 25 feet distant measured at right angles from The Pure Oil
Company easterly boundary;
THENCE parallel to the said Pure Oil Company easterly boundary south 170 47' 30"
west to a point which is 25 feet measured at right angles to The Pure Oil
Company south boundary;
THENCE westwardly and parallel to The Pure Oil Company south boundary to an
intersection with the southeasterly line of Block 17 Port Arthur Land Company
Subdivision;
THENCE along the said southeasterly line of Block 17 south 360 37' west to an
' intersection with The Pure Oil Company south boundary along the KCS Railroad;
THENCE along The Pure Oil Company south boundary north 780 48' east to a point
which is 25 feet distant measured westwardly at right angles from the east
line produced of The Pure Oil Company Refinery;
Minutes Continued, July 26, 1977
THENCE parallel to the east line produced of The Pure Oil Refinery south 170
47' 30" west 183.02 feet to a point in the southerly line of Highway 366
said point being also in the existing Nederland City Limits;
THENCE along the southerly line of Highway 366 and the existing Nederland
City Limits north 780 44' east 28.60 feet to t:he place of beginning.
SAVE AND EXCEPT that portion of the foregoing land lying within Highway 366
and said railroad.
(3) BEGINNING at the intersection of the southeast: boundary projected northeast
of Block 17 of the Port Arthur Land Company Subdivision with the Neches River;
THENCE with said river and its meanders the following 3 courses and distances;
North 720 44' East, 21.56 feet
THENCE North 780 28' East, 632.0 feet
THENCE North 410 02' East, 88.0 feet to an intersection with the common line
between the Burr and Caswell. Surveys 7 -2 and 8 -2;
THENCE along said line between the Burr and Caswell Surveys 7 -2 and 8 -2 south
20 47' 30" East 2,347.5 feet to the Southeast corner of Burr and Caswell 8--2;
THENCE along the southerly line of said Burr and Caswell 8 -2, south 870 11'
30" West 2500.38 feet to an intersection with the Southeast line projected
northeast of Block 17 of the. Port Arthur Land Company Subdivision;
THENCE along the southeast line projected of Block 17 of the Port Arthur '
Land Company Subdivision North 360 37' East to a point 25 feet distant from
the southerly line of the Burr and Caswell 8 -li measured at right angles;
THENCE paralleling the southerly line of the Burr and Caswell 8-1-2, North 870
11' 30" east to a point 25 feet distant westerly from the common line between
the Burr and Caswell Surveys 7 -2 and 8 -2 measured at right angles;
THENCE paralleling said line. between the Burr and Caswell surveys 7 -12 and
8 - %2 North 20 47' 30" West to a point 25 feet distant southerly from the Neches
River measured at right angles;
THENCE paralleling the Neches River and its meanders the following 3 courses:
South 410 02' West;
THENCE South 780 28' West
THENCE South 720 44' West to an intersection with the Southeast boundary line
projected northeast of Block. 17 of the Port Arthur Land Company Subdivision;
THENCE along the Southeast line projected at Block 17 of the Port Arthur Land
Company Subdivision North 360 37' East to the place of beginning.
II.
City and Company further agree, and Company hereby requests, that the following ,
described real estate shall, after the effective date of this agreement, be within
the extraterritorial jurisdiction of City, as the term is used in Article I of
Minutes Continued, July 26, 1977
Chapter 160, Page 447, Acts of the 58th Legislature of Texas, 1963, and that the
extraterritorial jurisdiction of the City shall expand to and comprise all of the
territory hereinafter described, notwithstanding the fact that the extraterri-
torial jurisdiction of City may be extended beyond the distance limits imposed
by Subsection A of Section 3 of Article I, Chapter 160, Page 447, Acts of the
58th Legislature of Texas, 1963, to -wit:
BEGINNING at a point on the Neches River at the intersection of the common
boundary of the properties of The Pure Oil Company and the Sun Oil Company
of said river;
THENCE with said common boundary in a southerly and southwesterly direction
to the intersection of said common boundary with the south boundary of The
Pure Oil Company property along the North line of the KCS Railroad;
THENCE with the south boundary of The Pure Oil Company properties in an
easterly direction along the North line of the KCS Railroad to the south-
easterly corner of the Pure Oil properties, which southeasterly corner is
located at a point which lies South 780 48' 30" West 38.44 feet and North
170 47' 30" East 182.09 feet from the intersection of the southerly line of
Highway 366 and the westerly line of Gage Street which is also in the present
Nederland City Limits;
THENCE with the easterly boundary of the said properties of The Pure Oil
Company North 170 47' 30" East 3107.44 feet to the intersection with the
southeasterly line of Block 17, Port Arthur Land Company Subdivision;
THENCE with the southeasterly line of said Block 17 North 360 37' East
4427.65 feet to a point for corner;
THENCE North 870 11' 30" East 2500.38 feet to a point for corner;
THENCE North 20 47' 30" West 2347.5 feet to the Neches River;
THENCE with the meanders of the Neches River to a point opposite column
line 117 on The Pure Oil Company wharf;
THENCE 270 33' West 256.31 feet to the intersection of column line 117 and
column line "F" on the said wharf;
THENCE along said column line "F" South 620 27' West 1160.0 feet to an
intersection with column line 1 on said wharf;
THENCE along column line 1 South 270 33' East 19.44 feet to a point;
THENCE approximately parallel to the ramp to said wharf South 180 47' West
159.66 feet to an intersection with the meanders of the Neches River;
THENCE with said river and its meanders to the place of beginning.
' SAVE AND EXCEPT the territory described in Paragraph I hereof, which was
annexed to the City of Nederland by Ordinances Nos. 170, 172, and 188.
Minutes Continued, July 26, 1977
III.
During the term of this agreement, and so long as it is in full force and ,
effect, City will not annex or attempt to annex any part of the property described
in Paragraph II hereof and will not levy or attempt to levy an ad valorem tax on
such property. It is specifically agreed and understood by the parties hereto
that this agreement shall not affect the validity of Ordinances Nos. 170, 172, and
188 annexing the territory described in Paragraph I hereof to City, each party
recognizing that such ordinances are in full force and effect. City further
agrees during the term of this agreement, that without the written consent of
Company, it will not disannex the territory described in Paragraph I hereof or
consent to:
(1) The incorporation of any city, town or village within the territory
described in Paragraph II;
(2) The formation of any political subdivision having as one of its purposes
the supplying of fresh water for domestic or commercial uses or the
furnishing of sanitary, sewer services within the territory described in
Paragraph II, within the limits of the City's authority as granted by the
Municipal Annexation Act of 1963, Chapter 160, Page 447, Acts of the
58th Legislature of the State of Texas, 1963;
(3) The annexation of any of the territory described in Paragraph II by any
city, town, or village now in existence or which may be hereafter created
under the laws of the State of Texas by a trade of such extraterritorial
area to another government entity as permitted by said Municipal Annex-
ation Act of 1963.
IV.
(A) During the term of this agreement, Company will pay ad valorem taxes
to the City on that part of its property which was annexed to City by Ordinances
Nos. 170, 172 and 188, in accordance with the Constitution and Laws of the State
of Texas and the City, a political subdivision thereof.
It is specifically agreed that the Company will render and the City, through its
authorized officers or representatives, will assess Company's property which lies
within the corporate limits of City at such a value as will make taxation within
the limits of said City equal and. uniform under the Constitution and Laws of the
State of Texas.
(B) For and in consideration of the agreement to designate the territory
described in Paragraph II hereof as an industrial district, and to continue such
designation thereof during the term of this Agreement, and in consideration of the
other terms of this Agreement, Company agrees to pay to City, in addition to the
tax payments under Paragraph IV(A) hereof, an amount which when added to the tax
payment required by Paragraph IV(A) will result in a total payment to City as follows:
1977
158,052.69
1978
173,857.96
1979
191,243.76
1980
210,368.14
1981
231,404.95
1982
254,545.45
1983
280,000.00
5'7
Minutes Continued, July 26, 1977
It is agreed that the total amount required to be paid by Company to City under
the terms of this contract, both for taxes and for payments in consideration of
this Agreement, will not exceed the total sum as follows:
1977 $ 158,052.69
1978 173,857.96
1979 191,243.76
1980 210,368.14
1981 231,404.95
1982 254,545.45
1983 280,000.00
or the amount which is required to make taxes on Company's property within the
corporate limits of City equal and uniform with other City taxes, whichever is
greater.
(C) As an additional consideration running to City, Company agrees that
during the term of this Agreement it will not require utility services from
City for its hereinabove described property, in the absence of further agreement.
kv
The payments to be made by company under Paragraph IV(A) above are tax
payments and not payments in lieu of taxes. All payments required to be made
under the terms of this Agreement shall be due and payable in each year at the
same time that City taxes generally are due and payable. Upon receipt of the
' tax payments set forth in Paragraph IV(A), City will issue official receipts of
City for full and complete payment of all ad valorem taxes upon property of
Company as described in Paragraphs I and II hereof within the limits of City for
the tax year involved and City will also issue its receipt for the payment
required under Paragraph IV(B), upon receipt of such payment.
VI.
In the event that City should for any reason dissolve or become disestab-
lished in any manner during the term hereof, any unaccrued obligations, if any,
of the Company hereunder shall immediately cease, and any accrued obligations
hereunder shall remain in full force and effect.
VII.
The terms of this Agreement shall be for a period of seven years, com-
mencing on the 20th day of March 1976, and ending on the 20th day of March, 1983;
provided, however, that in the event this Agreement is not renewed and extended
in the same or an amended form on or before the 1st day of January, 1983, the
Agreement of the City not to annex additional property of the Company shall
terminate on said date of January 1, 1983. No provision hereof shall prejudice
the rights of any of the parties hereto after termination of this Agreement.
VIII.
It is distinctly understood and agreed that this is a divisible contract
as to each year of its duration and the obligations and covenants to be per-
formed byeitherparty hereto during any year of this contract are hereby found
Minutes Continued, July 26, 1977
and declared to be separate, distinct and divisible from the covenants and obligations
to be performed during any other year that this contract is to be in effect. If ,
this contract is declared or adjudicated to be invalid for any year or years, such
declaration or adjudication shall. not affect the validity of the contract for any
other year.
IX.
The terms and provisions hereof shall be binding upon and inure to the benefit
of City and Company and the successors and assigns of the parties hereto.
X.
This Agreement is prepared in duplicate, each copy of which when fully executed
shall be deemed an original.
IN WITNESS WHEREOF, this Agreement is executed as of July 26, 1977.
CITY OF NEDERLAND
By H. E. NAGEL
ATTESTED AND COUNTERSIGNED H. E. Nagel, Mayor
ALTA FLETCHER
City Secretary
APPROVED AS TO FORM:
W. EVERETT SANDERSON
City Attorney
By:
Secretary
R. A. NUGENT
Councilman
,
E. T. GILLESPIE, JR.
_
Councilman
ROBERT D. SAWYER
Councilman
CARL N. LEBLANC
Councilman
UNION OIL COMPANY OF CALIFORNIA
UNION 76 DIVISION
By
President
rn
Minutes Continued, July 26, 1977
Section 2•
That said agreement may be executed in duplicate originals and shall be
impressed with the corporate seal of the City, signed by Mayor Pro Tem and all
members of the City Council, and countersigned by the City Secretary.
Section 3•
That the Mayor Pro Tem and City Secretary and other appropriate officials of
the City are hereby authorized and directed to do any and all things necessary
and /or convenient to carry out the provisions of this ordinance.
That this ordinance shall become effective and be in full force from and
after , and it is so ordained.
PASSED AND APPROVED this day of , 19
Mayor Pro Tem, City of
Nederland, Texas
1 ATTESTED AND COUNTERSIGNED:
City Secretary
(SEAL)
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
I, the undersigned, City Secretary of the City of Nederland, Texas certify
that the attached and foregoing is a true and correct copy of an original ordinance,
dated the day of , 19
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this day of
19
City Secretary
City of Nederland, Texas
(SEAL)
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent authorizing James
Byers', Building Official, attendance and expenses to the Municipal Inspectors
Training School at Texas A & M August 8 -12, 1977. All Voted Aye.
t �
Minutes Continued, July 26, 1977
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
appraisal for acquisition of two (2) sanitary sewer easements (Lawrence J. Loftin '
and Nederland Avenue Church of Christ) across properties near Avenue "D" from
27th Street to the Wastewater Treatment Plant and authorize acquisition of same,
as appraised by Herman W. Blanton, S.R.A., of Beaumont. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Resolution
commending Mr. Vincent Grillo for his nine (9) years of service as Assistant
Director of Nederland Civil Defense. All Voted Aye.
RESOLUTION
"A COMMENDATION"
WHEREAS, in the Year 1968, the City Council of the City of Nederland, Texas appointed
MR. VINCENT GRILLO
as Assistant Director of Civil Defense for the City of Nederland; and,
WHEREAS, Mr. Grillo has, for nine years, given generously of his time and efforts; and,
WHEREAS, he has always cooperated. with efforts of the City Council and City Officials
in rendering this valuable service to the City of Nederland; and,
WHEREAS, the Nederland City Council desires to pay tribute to Mr. Vincent Grillo,
NOW, THEREFORE, Be It Resolved, that the City Council of the City of Nederland commends
and congratulates Mr. Vincent Grillo, Assistant Director of Civil Defense,
for his interest and for his loyal and outstanding service to the City of
Nederland for these many years. '
PASSED AND APPROVED, by the City Council of the City of Nederland, Texas, at a
Regular Meeting held the. day of , A. D., 1977.
H. E. NAGEL
H. E. Nagel, Mayor
R. D. SAWYER
R. D. Sawyer, Councilman
C. N. LEBLANC
C. N. LeBlanc, Councilman
R. A. NUGENT
R. A. Nugent, Councilman
SAM GILLESPIE
Sam Gillespie, Councilman
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
1
Minutes Continued, July 26, 1977
Discussion items were as follows:
1. Garbage bags not delivered in Sam Gillespie's neighborhood.
2. House on 10th Street used for storage of paint.
3. Water pressure problem at Mr. Warner's, 1800 Elgin.
4. Re -tap 800 block of Atlanta.
5. Driveway problem at Mrs. Clotiaux, 21st Street and Gary Avenue.
6. Grass and junk on lot at 10th Street and Franklin Avenue.
7. Garbage cans need emptying on Boston Avenue.
8. Request for help on street light on Chicago (Gary & 27th St.).
9. Sewer leak at Detroit Avenue and 24th Street.
10. Main "C" has a lot of trees and grass that needs to be cleaned and cut.
11. Letter from Congressman Jack Brooks concerning Doornbos Park.
12. Texas Water Quality Board meeting August 2, 1977 in Beaumont.
13. List of 26 volunteers for auxiliary.
14. Junk needing to be cleaned up on three lots.
15. Unemployment Compensation Report from TML.
16. Results of Survey.
17. Streets, water, and sewer, etc. in Highland North Addition.
18. Southern Union Gas Study - Analysis.
19. Letter of 7/25/77 in answer to Solid Waste Field requests.
20. Ordinance No. 155.
21. Proposal from Mr. Young on bus system terminal.
22. Landfill disagreement over dozer throwing rod may culminate in lawsuit.
23. Contacts from people wanting to operate landfill.
24. Report on garbage bags.
25. Thefts at warehouse.
26. Locking front gate at Service Center.
27. Garbage dumpster overflow.
28. Appointment of A. A. Salter and Mayor Nagel to committee on "208" Water Quality
Board.
29. Meeting of Sabine Neches Waterworks on August 3, 1977 at Red Carpet Inn.
The meeting was adjourned at 9:20 P. M.
//x�
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER /?, �,(,
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE I
CITY OF NEDERLAND
August 9, 1977
The meeting was called to order at: 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, and R. A. Nugent.
Mr. Sam Gillespie was absent.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes
of the previous meeting of July 26, 1977 as written. All Voted Aye.
Three Boy Scouts from Troop #422 were present and recognized by Mayor H. E. Nagel.
Mr. Melvin Spittler, Chairman of the 1977 Equalization Board, gave a report of
the meetings of that Board.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to accept the report
of the 1977 Equalization Board and to authorize payment to the members. All
Voted Aye.
Sealed bids were received, opened„ and read for the repair and renovations of
the water plant control equipment. Bidders were Trans Technology, Inc. and
Analytical Sales and Service. ,
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to refer the bids
for the repair and renovations of water plant control equipment to the City
Manager and his staff for tabulation and recommendation. All Voted Aye.
Sealed bids were opened, received„ and read for relocation of signs and other
appurtenances along Nederland Avenue at intersection to permit widening of
pavement. Bidders were: State Sign Corporation (Proposal I Relocating)
$5,904.00; Sabine Neon Company, $3,792.40; Cardinal Electric, no bid; B. C.
Miller Electric, $6,297.00, and Hubbard Electric, no bid. State Sign Corpor-
ation (Proposal II Electrical Work) $4,027.50; Sabine Neon Company, no bid;
Cardinal Electric, $9,279.00; B. C. Miller Electric, $4,218.00; and Hubbard
Electric, $4,160.00.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to award the contract
for relocation of signs and other appurtenances along Nederland Avenue at inter-
section to permit widening of pavement to B. C. Miller Electric for Proposal I
and Proposal II on the basis of their low bid of $10,515.00. All Voted Aye.
A Public Hearing was conducted for the purpose of instituting annexation pro-
ceedings of certain areas contiguous with and north of Nederland. Mr. Talbert,
Superintendent of Schools, requested annexation of school property. He was
informed that this ordinance did riot include the school. Mrs. Robert Graham
asked if Fairbanks Street would be considered. She was told that it would be '
considered if a petition from the property owners was presented to the Council.
She asked for additional information pertaining to cost, tax, etc. She also
asked if the petition had to include all names and was told that just enough
to indicate that a majority was interested was sufficient. Mr. Clyde Bolen,
Water District #10, wanted to point out that residents of Fairbanks had
J
1
1
Minutes Continued, August 9, 1977
5. TAXES AND INSURANCE All taxes and assessments which may be imposed with
respect to the Receptacles shall be borne by Lessor. Upon request following
delivery of the Receptacles, Lessor will provide Lessee with a certificate
of insurance evidencing liability coverage with limits of $300,000.00 for
bodily injury to one person and $300,000.00 for bodily injury per occurence
involving more than one person, and $100,000.00 for property damage.
6. LOCATION OF RECEPTACLES Lessee shall designate approved locations for the
Receptacles, and Lessor shall place Receptacles at these locations at the
time of delivery. The Receptacles shall not be moved from these locations
without the prior written consent of the Lessor. Lessee warrants that the
placement of the Receptacles at the designated approved locations shall
not give rise to any third party claims against Lessor. At termination of
the lease, Lessor shall be entitled to immediate possession of the Receptacles
and Lessee hereby grants Lessor a license to come upon its premises to remove
the Receptacles. When the Receptacles are removed, Lessor must return property
to its original condition. The Lessee hereby names J. L. Byers as its agent
to designate locations for the Receptacles, and to receive written confir-
mation of service performance as found in Paragraph 3.
6 a. The property owner adjacent to the public property shall approve the location
of containers thereon.
7. ADVERTISING Lessee grants to Lessor the exclusive right to sell and place
advertising upon the receptacles and to receive all revenues derived from
such advertising; provided, however, that no offensive, morally reprehensible,
or derogatory advertising shall be placed upon the Receptacles.
8. CONDITION PRECEDENT This lease shall not become effective with respect to any
Receptacle otherwise leased hereunder unless and until Lessor shall have
received a commitment for advertising to be placed on any such Receptacle.
Lessor covenants to use its best efforts to secure such advertising commit-
ments. If no such advertising commitments are received within 60 days of
execution of this contract, either party may terminate this lease only with
respect to each such Receptacle for which no advertising commitment has been
received. This lease Agreement shall remain in force and effect with respect
to all other Receptacles for which advertising commitments have been obtained.
9. CONTINGENCIES All agreements stated or implied herein are totally contintent
upon strikes, accidents or delays beyond Lessor's control and any alteration
or deviation from these or any other specifications will be executed only
upon written orders mutually agreed upon.
This AGREEMENT shall be binding upon, and shall inure to the benefit of the
parties hereto, their successors and assigns.
Executed this day of 1977
BASE COMMUNITY SERVICES, INC. BASE COMMUNITY SERVICES, INC. (Lessor)
3100 Richmond Ave. #400
Houston, Texas 77098 By: JOE MUMBACH
City of Nederland, Texas CITY OF NEDERLAND TEXAS (Lessee)
1400 Boston Avenue
P. 0. Box 967 By: H. E. NAGEL
Nederland, Texas 77627
Minutes Continued, August 9, 1977
A Public Hearing was held in accordance with Section 7.06 of the City Charter
for the purpose of adoption of the 1977 -1978 Budget.
The following change was made:
1. To increase Account 700 F -7 from $12,600 to $16,620 with such increase to
be charged to additional income from Industrial District Agreement.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt the 1977-
1978 Annual Budget in accordance with Article 7.06 of the City Charter and to
(a) approve an Amendment to Ordinance No. 147 providing a meal to employees
working more than two (2) hours after scheduled work day.
(b) approve Amendment to Ordinance No. 155 revising rates for garbage service
by 25C per month (residential - $3.50 to $3.75 and commercial - in accordance
with schedule.
(c) approve Ordinance No. 216 providing for change in participation in the
Texas Municipal Retirement System.
(d) authorize an increase in fees including City of Nederland participation in
the Sanitary Landfill operation from 70(, to 90c per customer per month, and a
change in Mid County Dispatch user fee from 15t to 17fi per capita per month,
all effective October 1, 1977, billing.
(e) authorize an Amendment to Ordinance No. 229 establishing electrical permit
fees.
(f) authorize an Amendment to Ordinance No. 284 amending the Hotel /Motel Tax.
(g) adopt Ordinance No. 301 levying taxes for the use and support of the
municipal government of the City of Nederland.
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 PRO-
VISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
ARTICLE IX
CLASSIFICATION AND WAGES
Section 6
An employee required by his supervisor to work more than two (2) hours
following his regular scheduled hours shall receive $3.50 to buy a mean in
addition to overtime pay. The employee will be reimbursed at the regular pay
period following the overtime.
This amendment to Ordinance No. 147 shall be effective October 1, 1977.
PASSED AND APPROVED by the City Council, at a regular meeting, this the 9th
day of August, A. D., 1977.
ATTEST: H.. E. NAGEL
H. E. Nagel, Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
Minutes Continued, August 9,1977
petitioned the water district in March, of 1974, and the school requested to
be excluded. He said Peterson Street would be isolated and would not be con-
tiguous which would require a separate petition. Mr. Nagel told them that
first interest was for the City of Nederland and that he was in favor of
annexation now. Mr. James R. Handley said that annexation procedure has already
been instituted by Water District #10. Mr. LeBlanc said that he was not opposed
to annexation of 40 +- acres, but he wants school property and Clayton Addition
annexed also.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we designate
August 23, 1977 to institute Annexation proceedings of certain areas contiguous
with and north of Nederland, and to approve the annexation procedure authorizing
Public Hearings, Public Notices, first and second readings of Ordinance No. 302
in accordance with state and federal laws and the City Charter. Mr. LeBlanc
voted No; Messrs. Sawyer, Nagel and Nugent voted Aye.
ANNEXATION PROCEDURES (UNION OIL PROPERTY, 41.41 Ac.)
1. July 27 Publish Notice of Public Hearing
13 days
Not more than twenty nor less than 10
2. August 9 Public Hearing for all interested
persons
3. August 23 Institution of Annexation Proceedings
' (First Reading of Ordinance No. 302)
4. August 31 Publish Ordinance
41 days
At least 30 days
5. October 11 Second and Final Reading
Boundaries of the property described as follows, to -wit:
BEGINNING at a point located in the present city limits of the City of
Nederland, Jefferson County, Texas, said beginning point also being situated on
the most Southerly boundary line of Canal Avenue at a common line of Lot (5)
Five, Block (17) Seventeen, Range F, Port Arthur Land Company Survey and Lot (8)
Block (18) Seventeen, Range G, Port Arthur Land Company Survey, Jefferson County,
Texas;
THENCE, North 480 47' West a distance of 1360 feet to the Northwest corner
of Lot (2) Two, Block (18) Eighteen, Range G of the Port Arthur Land Company
Subdivision of Jefferson County, Texas, a point for corner;
THENCE, North 480 13' East along the common line of Lot (2) Two, Lot (7)
Seven, Lot (8) Eight, Lot (1) One, Block (18) Eighteen, Range G a distance of
1320 feet to the Northeast corner of Lot (1) One, Block (18) Eighteen, Range G,
also being the Southeast corner of Lot (8) Eight, Block (18) Eighteen, Range G
of the Port Arthur Land Company Subdivision, a point for corner;
THENCE South 480 47' East along the common line of Lot (1) One, Block (18)
Eighteen, Range G and Lot (4) Four, Block (18) Eighteen, Range F, Port Arthur
Land Company Subdivision, a distance of 1360 feet to a point for corner, said
point being situated on the most Southerly boundary line of Canal Avenue at a
Minutes Continued, August 9, 1977
common line of Lot (6) Six, and of Lot (7) Seven, :Block (17) Seventeen, Range G
Port Arthur Land Company Survey, Jefferson County, Texas;
THENCE, South 410 18' West crossing a common :Line of Lot (7) Seven and Lot
(8) Eight, Block (17) Seventeen, Range G of the Port Arthur Land Company Subdi-
vision at 660 feet, and continuing a total distance of 1320 feet to the place of
beginning of herein described tract of land being a part of Lots (7) Seven and
(8) Eight, Block (17) Seventeen, Range G, and Lots (1) One and (2) Two, Block
(18) Eighteen, Range G of the Port Arthur Land Company, Jefferson County, Texas
and containing 41.21 acres.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve Highland
North Unit I Subdivision in accordance with Ordinance No. 223 with variances
recommended by the Planning Commission as follows:
1. Allow Highland Boulevard to be over 1000 feet.
2. Street lights to be installed by other at a later date.
3. Street markers to be paid to the County Precinct #2 for erection.
4. Water and sanitary sewer- lines be placed under the jurisdiction of
Jefferson County Water Control District #10 for supervision and instal-
lation.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve an
agreement with Base Community Services, Inc., permitting the installation of
twenty -four (24) "litter bug" receptacles with advertising upon City property I
under certain conditions. All Voted Aye.
LEASE AGREEMENT
This Agreement entered into between Base Community Services, Inc., a Texas
corporation (hereinafter referred to as "Lessor "), and the City of Nederland,
Texas (hereinafter referred to as "Lessee ");
WITNESSETH:
1. EQUIPMENT Subject to the germs and provisions hereof, Lessor agrees to
lease to Lessee, and Lessee agrees to rent and accept for the term hereof
a total of 24 Lawson 2701 S Litter Receptacles (Hereinafter referred to as
"Receptacles ").
2. LEASE TERM AND RENTAL The term of this lease shall be for a period of two
(2) years beginning on the date of delivery of the receptacles. In consid-
eration for this Lease, Lessee agrees to pay Lessor one dollar ($1.00) per
year. Such amount being due and payable in full upon invoice following
delivery of the Receptacles.
3. MAINTENANCE Lessor shall inspect, wash and otherwise maintain the Recept-
acles every 6 months throughout the term of the lease. Lessee shall be
responsible for removal of all trash and litter from the Receptacles. '
4. TITLE Title to the Receptacles leased hereunder shall remain with the
lessor, and the Receptacles shall not become a part of any Real Estate
to which they might be affixed.
1
Minutes Continued, August 9, 1977
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
City of Nederland, Texas
AN AMENDMENT TO ORDINANCE NO. 155
AN ORDINANCE ESTABLISHING FAIR AND STANDARD WATER AND SEWER RATES, WATER AND SEWER
CONNECTION FEES, AND GARBAGE RATES, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS.
WHEREAS, a revision should be made in the rates for garbage services 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:
*WATER RATES
Inside
Outside
Residential and Commercial:
City
City
First 2,000 Gallons (Minimum)
$ 2.00
$ 4.00
Next 2,000 Gallons (Per M)
1.00
1.00
Next 16,000 Gallons (Per M)
.70
.70
All over 20,000 Gallons (Per M)
.60
.60
*SEWER RATES & * *SEWER USAGE
DISCOUNT
Residential (Per Month) 2,000 minimum
$ 2.00
$ 4.00
Next 6,000 Gallons (Per M)
.55
1.10
All over 8,000 Gallons
.55
.55
Commercial (Per Month) 2,000 Minimum
2.00
4.00
Next 6,000 (Per M)
.55
1.10
All over 8,000 Gallons (Per M)
.55
.55
*WATER CONNECTION FEES
3/4" Meter (Sewer Usage Discount)
$ 35.00
$ 52.50
3/4" Water Tap
120.00
180.00
1" Water Tap
175.00
262.50
1 -1/2" Water Tap
400.00
600.00
2" Water Tap
600.00
900.00
Over 2" Tap
Material
Cost + 20%
*SEWER CONNECTION FEES
'
Residences - 4" Sewer Tap
$ 75.00
$112.50
6" Sewer Tap
85.00
127.50
8" Sewer Tap
100.00
150.00
i Vil
Minutes Continued, August 9, 1977
*Or as required by provisions of outside city contracts.
* *Upon request the City will install a 3/4" meter to adjust sewer usage for
water used other than normal usage. '
AN AMENDMENT TO ORDINANCE NO. 216
THE TEXAS MUNICIPAL RETIREMENT SYSTEM
PARTICIPATION ORDINANCE
AN AMENDMENT PROVIDING FOR THE INCREASE IN DEPOSITS TO BE MADE TO THE TEXAS
MUNICIPAL RETIREMENT SYSTEM.
BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS.
Section 4.
In accordance with the provisions of the statute, the deposits to be
made to the Texas Municipal Retirement System on account of current service of
the employees are hereby fixed at the rate of seven per cent (7%) of the earnings
of each employee, and in determining the deposits to be made on account of such
service the earnings of any employee of any such department in excess of the sum
of Ten Thousand Eight Hundred Dollars ($10,800.00) in any one year shall not be
considered.
Passed and approved this the 9th day of August, 1977, to become effec-
tive October 1, 1977.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
AN AMENDMENT TO ORD. 229
AN AMENDMENT TO ORDINANCE NO. 229 WHICH REGULATES ELECTRICAL 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 ELECTRICAL INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, I
TEXAS: THAT ARTICLE I, SECTION 17, PARAGRAPH (4) PERTAINING TO SCHEDULE OF
PERMIT FEES IS HEREBY AMENDED TO READ AS FOLLOWS:
PERMIT FEES FOR INSPECTION OF ALL ELECTRICAL WORK AND APPLIANCES SHALL BE MADE
AND COLLECTED UPON AND IN ACCORDANCE WITH THE FOLLOWING SCHEDULE.
Minutes Continued, August 9, 1977
Per HP
Per HP
$5.00
1.50
.15
.10
.15
2.00
2.00
.50
.50
1.00
1.00
.50
2.00
.10
2.00
.10
5.00
9.00
.50
.10
5.00
1.50
1.00
1.00
.50
2.50
5.00
5.00
5.00
5.00
5.00
WHEN EFFECTIVE:
This amendment shall be effective from and after its passage and publication as
required by law.
PASSED, ADOPTED, AND APPROVED this 9th day of August, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
' City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Permit Fees:
1.
Service & Up to Ten Outlets
2.
Each Additional Meter
3.
Each Additional Outlet
4.
Sockets & Tubes
5.
Bells, Buzzers & Chimes
6.
Range
7.
Water Heater
8.
Dishwasher
9.
Disposal
10.
Attic Fan
11.
Dryer
12.
Yard Lamp, each
13.
Room Air Conditioner Outlet
14.
Heating, per KW
15.
Each Motor up to Five (5) HP
16.
Over Five (5) HP
17.
Electric Signs, Cost from $100 to $500
18.
$501.00 and Over
19.
Each Rectifier or Transformer up to 5 KW, Per KW
20.
Over Five (5) KW, Per KW
21.
Elevators, Dumbwaiters, Escalators:
First three (3) Floors
Next six (6) Floors
Any Additional Floors, Per Floor
'
22.
23.
Gasoline Pumps
Floodlights
24.
Welding Machine Outlet
25.
Change Service
26.
Temporary Service on Pole
27.
Re- Inspection
28.
Move Meter
29.
Minimum on any Electrical Permit
Per HP
Per HP
$5.00
1.50
.15
.10
.15
2.00
2.00
.50
.50
1.00
1.00
.50
2.00
.10
2.00
.10
5.00
9.00
.50
.10
5.00
1.50
1.00
1.00
.50
2.50
5.00
5.00
5.00
5.00
5.00
WHEN EFFECTIVE:
This amendment shall be effective from and after its passage and publication as
required by law.
PASSED, ADOPTED, AND APPROVED this 9th day of August, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
' City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Minutes Continued, August 9, 1977
AN AMENDMENT TO ORDINANCE NO. 284
AN AMENDMENT PROVIDING FOR A "HOTEL /MOTEL OCCUPANCY TAX" AND ENTITLED "HOTEL
'
OCCUPANCY TAX" CONTAINING THEREIN DEFINITIONS: LEVYING A TAX EQUAL TO FOUR
PERCENT (4%) OF THE CONSIDERATION OF THE COST OF OCCUPANCY OF ANY ROOM OR
SPACE IN ANY HOTEL /MOTEL WITH CERTAIN EXCEPTIONS; PROVIDING FOR DISPOSITION OF
REVENUE, COLLECTION, REPORTS, RULES AND REGULATIONS; PROVIDING FOR PENALTY;
PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: Levy of tax; rate; exception.
There is hereby levied a tax upon the occupant of any room or space furnished
by any hotel where such cost of occupancy is at the rate of Two Dollars ($2.00)
or more per day, such tax to be equal to four percent (4%) of the consideration
paid by the occupant of such room, space or facility to such hotel, exclusive
of other occupancy taxes imposed by other governmental agencies, effective as
of October 1, 1977. A portion of the tax revenue equal to 1 percent shall be
reserved for the purpose of advertising local convention facilities and for
the promotion of tourism.
SECTION 2:
This Amendment to Ordinance No. 284 shall be published by publishing the caption
thereof, three consecutive times in the Midcounty Chronicle Review, the official
newspaper of the City of Nederland.
'
CT?rTTOM 'A-
This Ordinance shall be effective October 1, 1977.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Nederland at a
regular meeting held on the 9th day of August, 1977, A. D.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
The foregoing Ordinance, including all the provisions thereof, is hereby approved
as to form and legality.
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Minutes Continued, August 9, 1977
ORDINANCE NO. 301
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 1977, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING
FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DE-
LINQUENT 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 Seven (1977) 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) of each One
Hundred ($100.00) Dollars valuation of property said tax being levied and appor-
tioned to specific purposes herein set forth.
(a) For the maintenance and support of General Government (General Fund) 73.97% of
each One ($1.00) Dollar levied on the 1977 Tax Roll.
(b) For the purpose of paying interest and principal on Sixty Five Thousand Five
Hundred ($65,500.00) Dollars Fire Station Bonds, Series 1957, .54% of each One
($1.00) Dollar levied on the 1977 Tax Roll.
(c) For the purpose of paying interest and principal on the Seven Hundred Seventy
Five Thousand ($775,000.00) Dollar Water and Sewer Improvement Bonds, Series 1959,
5.69% of each One ($1.00) Dollar levied on the 1977 Tax Roll.
(d) For the purpose of paying interest and principal on Three Hundred Twenty Five
Thousand ($325,000.00) Dollar Water and Sewer Improvement Bonds, Series 1960, 1.82%
of each One $1.00) Dollar levied on the 1977 Tax Roll.
(e) For the purpose of paying interest and principal on Two Hundred Twenty Five
Thousand ($225,000.00) Dollar Water and Sewer Improvement Bonds, Series 1961, 1.30%
of each One ($1.00) Dollar levied on the 1977 Tax Roll.
(f) For the purpose of paying interest and principal on the Twenty Thousand
($20,000.00) Dollar Fire Station Bonds, Series 1962, .12% of each One ($1.00) Dollar
levied on the 1977 Tax Roll.
(g) For the purpose of paying interest and principal on the Five Hundred Thousand
($500,000.00) Dollar Street Improvement Bonds, Series 1962, 2.57% of each One ($1.00)
Dollar levied on the 1977 Tax Roll.
(h) For the purpose of paying interest and principal on the Three Hundred Thousand
($300,000.00) Dollar Street Improvement Bonds Series 1963, 1.74% of each One ($1.00)
Dollar levied on the 1977 Tax Roll.
' (i) For the purpose of paying interest and principal on the One Million Eighty
Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series 1967, 5.18% of each
One ($1.00) Dollar levied on the 1977 Tax Roll.
Minutes Continued, August 9, 1977
(j) For the purpose of paying interest and principal on the Four Hundred Fifty
Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 3.73% of '
each One ($1.00) Dollar levied on the 1977 Tax Roll.
(k) For the purpose of paying interest and principal on teh Three Hundred Fifty
Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series 1970, 3.34% of each
One ($1.00) Dollar levied on teh 1977 Tax Roll.
SECTION II
Taxpayers shall be allowed no discount for the advance payment of their ad val-
orem taxes due the City of Nederland for the assessment year 1977.
SECTION III
That the ad valorem taxes herein levied for the year 1977 shall become due
January 1, 1978, though payable on the first day of October, 1977, and may be paid
up to and including the following January 31, 1978, without penalty; but, if not
paid, such taxes shall become delinquent on the following day February 1, 1978, and
the following penalties shall be payable thereon to -wit:
If paid during the month of February, one (1 %') percent; if paid during
the month of March, two (2%) percent; if paid during the month of April
three (3%) percent; if paid during the month of May, four (4%) percent;
if paid during the month of June, five (5%) percent; and if paid on or
after the 1st day of July, 1.978, eight (8%) percent penalty. Such un-
paid taxes shall bear interest rate of 6% per annum from February 1, '
1978; the same being the next succeeding the year 1977; and if paid on
or after the 1st day of July, 1978, 6% 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, 1978, and shall be
paid and collected as provided in Section 2 and 3 hereof.
PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CIT`t COUNCIL of the City of Neder-
land at its regular meeting of the said Council this 9th day of August, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
MRS. ALTA FLETCHER
Mrs. Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY: ,
W. E. SANDERSON _
W. E. Sanderson, City Attorney
City of Nederland, Texas
Minutes Continued, August 9, 1977
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve payment to
Golden Triangle Constructors, Inc., Estimate No. 5 for paving and appurtenances
' within Clayton Addition with Federal Community Development Block Grant funds,
Job 376 -13P, in the amount of $25,440.00. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve payment
of bills for the month of July, 1977 in the amount of $14,404.65 by General Fund
Checks No. 7817 -7883 and $48,418.77 by Water Fund Checks No. 2539 -2578, a total
of $62,823.42. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize attendance
and expenses at the following meetings /schools:
Bill Winfrey Texas A & M Short School
Darrell Marchand August 23 -25 Orange, Texas
Civil Defense Director Gulf Coast Civil Defense
Jerry McNeill Conference
Police Chief Billy Neal September 9 -10 Texas City, Texas
D. B. Henson October 28 -29 National Training & Development
City Manager October 30- Nov. 3 Service Seminar
International City Manager's Asso-
ciation in Atlanta, Georgia
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize partici-
pation by the City of Nederland in the acquisition of Sanitary Landfill permit
by Charles R. Haile Associates, Inc., Engineers, in the amount of $5,491.40
(Pro -rata share). All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel authorizing advertise-
ment for bids to be received 6:30 P. M., September 13, 1977, for maintenance and
operation of City building air conditioning /heating units for one year (Old City
Hall, Fire Station, New City Hall, R.S.V.P. Building, Library, Warehouse, Water
Plant, Windmill, and French Museum). All Voted Aye.
Discussion items were as follows:
1. Mr. Franks receiving garbage bags that were too short.
2. Letter sent to Travis Valentine wanted by Mr. Sawyer.
3. Water towers on South 5th Street and Hardy Avenue.
4. Repairs needed on 18th Street.
5. SETRPC proposed change in by -laws provision.
6. Re- appointment of Heritage Festival Committee members.
7. Re- appointment of Citizen's Advisory Committee.
8. Volunteer Firemen - minor's release being prepared.
9. Rauscher- Pierce and Co. assistance.
10. Appointment of Neushaffer - Browning as C.P.A.
11. Touche -Ross study of relationship of United Texas with Southern Union Gas Co.
' 12. School Welcome on August 22, 1977.
13. Work on Police Station.
14. Economic Development Report.
15. Street lighting on West Chicago.
16. Letter from Sylvester Moore.
17. Discussion with Planning Commission about subdivisions outside the city.
i�
Minutes Continued, August 9, 1977
18. Alcohol and vandalism at Doornbos Park.
19. Proposal from school regarding Tennis Court lighting.
20. Study on brick - layers.
21. Buddy Herring report from Mark Cheney.
22. Ordinance concerning alcoholic beverages at park.
The meeting was adjourned at 10:20 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER ��� , ��tl(�/ 1I
Alta Fletcher, City Secretary
City of Nederland, Texas
1
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
August 23, 1977
The meeting was called to order at 6:30 P. M. by Mayor H.E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent, and
Sam Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to correct the Minutes of
the previous meeting of August 9, 1977, to read:
BEGINNING at a point located in the present city limits of the City of
Nederland, Jefferson County, Texas, said beginning point also being situated on
the most Southerly boundary line of Canal Avenue at a common line of Lot (7)
Seven, Block (17) Seventeen, Range G, Port Arthur Land Company Survey and Lot
(6) Six, Block (17) Seventeen, Range G, Port Arthur Land Company Survey,
Jefferson County, Texas:
THENCE, North 480 47' West a distance of 1360 feet to the Northwest corner of
Lot (2) Two, Block (18) Eighteen, Range G of Port Arthur Land Company Subdivision
of Jefferson County, Texas, a point for corner;
THENCE, North 410 13' East along the common line of Lot (2) Two, Lot (7)
Seven, Lot (8) Eight, Lot (1) One, Block (18) Eighteen, Range G a distance of
1320 feet to the Northeast corner of Lot (1) One, Block (18) Eighteen, Range G,
also being the Southeast corner of Lot (8) Eight, Block (18) Eighteen, Range G
of the Port Arthur Land Company Subdivision, a point for corner;
THENCE, South 480 47' East along the common line of Lot (1) One, Block (18)
Eighteen, Range G and Lot (4) Four, Block (18) Eighteen, Range F, Port Arthur
Land Company Subdivision, a distance of 1360 feet to a point for corner, said
point being situated on the most Southerly boundary of line of Canal Avenue at a
common line of Lot (8) Eight, Block (17) Seventeen, Range G, and Lot (5) Five,
Range "F ", Block (17) Seventeen of the Port Arthur Land Company Survey,
Jefferson County, Texas;
THENCE, South 410 13' West crossing a common line of Lot (7) Seven and Lot
(8) Eight, Block (17) Seventeen, Range G of the Port Arthur Land Company
Subdivision at 660 feet, and continuing a total distance of 1320 feet to the
place of beginning of herein described tract of land being a part of Lots (7)
Seven and (8) Eight, Block (17) Seventeen, Range G, and Lots (1) One and (2) Two,
Block (18) Eighteen, Range G of Port Arthur Land Company, Jefferson County,
Texas, and containing 41.21 acres.
All voted Aye.
Sealed bids were received and opened by the City Council, and read by Mr. Ron Fisk,
Engineer, for water and wastewater facilities within Allan Meadow Section 2 in accordance
' with Ordinance No. 121. Bidders and base bids were: Mar -Len, Inc., $105,790.00;
Imperial Constructors, $79,041.80; Bella Co., $66,169.70; Golden Triangle Constructors
Co., $70,941.00; Liberty Industrial, $69,289.21; and, Steele Construction, Inc.,
$63,096.30.
Minutes Continued, August 23, 1977
A motion was made by Mayor Nagel and seconded by Mr. Sawyer to award the contract for
water and wastewater facilities within Allan Meadow Section 2 to Steele Constrution
Company for $64,495.30, which includes installation of 10" water line in accordance with I
the master plan in place of a smaller size water line for an amount of $1,399.00
difference. All voted Aye.
A motion was made by Mr. Nagel and. seconded by Mr. Nugent to approve Ordinance No. 302,
an ordinance annexing the described property to the City of Nederland in accordance with
the Federal and State laws and the City Charter. Mr. LeBlanc voted no. Messrs. Nagel,
Nugent, Gillespie, and Sawyer voted Aye.
ORDINANCE NO. 302
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 virtue of Section 1.04
(e), of the Charter of Nederland, has the power to annex additional territory lying
adjacent to said city, with or without the consent of the residents or the owners of
the territory annexed; 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,
Jefferson County, Texas:
BEGINNING at a point located in the present city limits of the City of Nederland,
Jefferson County, Texas, said beginning point also being situated on the most Southerly
boundary line of Canal Avenue at a common line of Lot (7) Seven, Block (17) Seventeen,
Range G, Port Arthur Land Company .Survey and Lot (6) Six, Block (17) Seventeen, Range G,
Port Arthur Land Company Survey, Jefferson County, Texas:
THENCE, North 480 47' West a distance of 1360 feet to the Northwest corner of
Lot (2) Two, Block (18) Eighteen, :Range G of the Port Arthur Land Company Subdivision
of Jefferson County, Texas, a point for corner;
THENCE, North 410 13' East along the common line of Lot (2) Two, Lot (7) Seven,
Lot (8) Eight, Lot (1) One, Block (18) Eighteen, Range G a distance of 1320 feet to the
Northeast corner of Lot (1) One, Block (18) Eighteen, Range G, also being the Southeast
corner of Lot (8) Eight, Block (18) Eighteen, Range G of the Port Arthur Land Company
Subdivision, a point for corner;
THENCE, South 480 47' East along the common line of Lot (1) One, Block (18)
Eighteen, Range G and Lot (4) Four, Block (18) Eighteen, Range F, Port Arthur Land '
Company Subdivision, a distance of 1360 feet to a point for corner, said point being
situated on the most Southerly boundary line of Canal Avenue at a common line of Lot
(8) Eight, Block (17) Seventeen, Range G, and Lot (5) Five, Range "F ", Block (17)
Seventeen of the Port Arthur Land Company Survey, Jefferson County, Texas;
Minutes continued, August 23, 1977
THENCE, South 410 13' West crossing a common line of Lot (7) Seven and
Lot (8) Eight, Block (17) Seventeen, Range G of the Port Arthur Land Company
Subdivision at 660 feet, and continuing a total distance of 1320 feet to the place
of beginning of herein described tract of land being a part of Lots (7) Seven and
(8) Eight, Block (17) Seventeen, Range G, and Lots (1) One and (2) Two, Block (18)
Eighteen, Range G of the Port Arthur Land Company, Jefferson County, Texas and
containing 41.21 acres.
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 annexed, shall have the right to contest said annexation
by filing with the City Council a written petition setting out reasons of 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 judgement may determine, shall be finally acted upon, and any territory so
annexed shall be a part of the City of Nederland.
E**s
All inhabitants of said property annexed shall be granted all of rights
and privileges of other citizens and said inhabitants shall be bound by all of the
acts, ordinances, resolutions and regulations of said city.
IV.
If any section, portion, provision or clause of this ordinance shall be
adjudged invalid or held unconstitutional the same shall not affect the validity of
this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid.
PASSED UPON FIRST READING by the affirmative vote of members of
the City Council of the City of Nederland, this the day of ,
A.D., 1977.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Alta Fletcher, City Secretary W. E. Sanderson, City Attorney
City of Nederland, Texas City of Nederland, Texas
PASSED UPON SECOND READING by affirmative vote of members of the
City Council of the City of Nederland, this the day of
' A. D. ,
H. E. Nagel, Mayor
City of Nederland, Texas
Minutes continued, August 23, 1977
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr,. Gillespie to award the contract for
Water Plant rate of flow and loss of head gages in accordance with instructions from the
Texas Department of Health Resources to Analytical Sales & Service, Inc., for filter
No. 1, 2, & 3 -- Labor - $1,1560.00, Equipment- $1,916.00, Total- $3,476.00 each; plus, Back
Wash Equipment - $1,206.56, Labor - $1,200.00, Total- $2,.406.56; and Clear Well Equipment
$798.53, Labor - $1,080.00, Total- $1,878.53. All voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie declaring that the City of
Nederland does not elect at this time to participate in the Volunteer Firemens' Relief
and Retirement Fund (Senate Bill 4:11 65th Legislature). All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr.. Gillespie to appoint the following
list of people as members of the Heritage Festival committee for a period of one year.
Barbara Morgan
Doris Evans
Jerry McNeill
Mrs. Victor Tyer
Rita Bass
Ruth Jordan
Dan Marcontel
Mr. & Mrs. Geo. Shannon
Ruth Crane
Robert Weldon
Charlene Rees
Jan Townsend
Dorothey Ryland
Peggy Weldon
Beverly Minaldi
Sandi Boyd
Jim Wooten
Carl LeBlanc
Joe Willey
Dick Nugent
Omer Gilchriest
Deane Winters
Alice Lankford
Irene Kirkwood
Don Watt
Dave Winters
Marie Fleming
Roberta Buhler
Mrs. Tom Hanna
David Luther
Bobby Davis
Ronnie Spruell
Roberta Schroeter
Alton Hollier
Pat Riley, Jr.
Mrs. Oliver Keene
Bill Schroeter
Lorenzo Sumrall
Mark Moore
Jan Schneider
Johnny Shaw
Alton Murphy
Butch Davis
Mrs. Walter Jensen
Glenda Vanover
Shirley Whiteside
Christina Stappers
Athana Jensen
Joanne McBride
Betty Hill
Richard Dixon
Tom Chapman
Jone Sanderson
Jim McDaniel
Rhonda Tarver
Randy Marrs
Linda Silkwood
Doug Halfin
Frank Dombrosky
Steve Delage
Gary Porter
Buddy Armstrong
Suzanne DuBose
Larry Toth
Helen Bodemuller
Betty Porter
Mary Tom Armstrong
Mrs. T. J. Fleniken
Cathy Parks
Steve Delage
Charles Porter
Mr. & Mrs. Aubrey Dixon
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize attendance and
expenses of Mr. A. A. Salter to a conference at Texas A & M, August 29 - 30, 1977, on the
"Safe Drinking Water Act ". All voted Aye.
Discussion items were as follows:
1. Comp laint from Mrs. Hanson, 1923 Avenue "E ", about the dust on the road and that it
causes her son's asthma to flair up.
2. Street light out at Avenue "L" and 14th, and 25th and Avenue "B ", and 14th and
Chicago.
3. Cable TV does not have 24 -hour service they claim to have; they don't answer phone.
4. Ditches along Helena and 27th Street need mowing.
5. Rates for commercial garbage going up.
6. Invitations to meetings in the City of Port Arthur and City of Pear Ridge.
7. Chief Neal gave report on the color scheme of the new Police Station.
8. Chief Sattler gave report on the gasoline tank overturning Monday, August 22, 1977.
LI
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Minutes continued, August 23, 1977
9. Results of the Preliminary Citizen Survey and possibility of a bond election.
The meeting was adjourned at 8:25 P. M.
i /cz.9�X
H. E. Nagel, M or
City of Nederland, Texas
ATTEST:
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
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79
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND I
September 8, 1977
The meeting was called to order at 6:15 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent, and
Sam Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of August 23 as written. All Voted Aye.
An Executive Meeting was conducted with the City Attorney regarding settlement
offers on recent litigation matters.
A motion was made by Mayor Nagel and seconded by Mr. Gillespie that the City of
Nederland approve the following contract between United Texas Transmission Company
and those cities comprising Southern Union Gas Company South Jefferson County
District and authorize the City Attorney to sign contract for City of Nederland if
approved at the Railroad Commission. All Voted Aye.
AGREEMENT between United Texas Transmission Company ( "United Texas "), Southern Union
Gas Company ( "Southern Union ") and the Cities of Port Arthur, Nederland, Port Neches,
Lakeview, Pear Ridge, Groves and Griffing Park (the "Cities ") made and entered into
this 12th day of September, 1977. ,
WHEREAS, United Texas is presently delivering gas to Southern Union under the terms
and conditions of that certain Gas Supply Agreement dated December 17, 1971, as
amended by the Amendatory Agreement of July 11, 1975 (the "Amendatory Agreement "),
which gas Southern Union in turn resells and distributes through Southern Union's
distribution systems within the Cities and their adjoining environs; and
WHEREAS, United Texas has requested the Railroad Commission of Texas (the "Commi-
ssion") to approve said Amendatory Agreement in Gas Utilities Docket No. 629; and
WHEREAS, the Cities have protested and objected to the approval of the Amendatory
Agreement by the Commission; and
WHEREAS, United Texas and Southern Union recognize the Cities' interest in assuring
that the rates paid for gas by its citizens are just and reasonable; and
WHEREAS, United Texas, Southern Union and the Cities desire to settle and provide
for the orderly disposition of the proceeding in Gas Utilities Docket No. 629;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements hereinafter contained, the parties hereto hereby agree as follows:
I. 1
Commission Approval of Amendatory Agreement
The parties hereto agree that the Commission should enter an order approving the
Minutes Continuted, September 8, 1977
Amendatory Agreement subject to the terms and conditions of this Settlement.
In this connection the Cities agree to withdraw their objections and urge the
approval by the Railroad Commission of the Amendatory Agreement and this Settlement.
II.
of Cities to Review Gas Cost Data
Following the issuance of a final and non - appealable order by the Commission approving
in full the Amendatory Agreement and this Settlement, United Texas will, not later
than 10 (10) days prior to the Half -Rate Year commencing August 1 and February 1 of
each year, submit to the Commission with a copy to be sent to the Cities and Southern
Union, a sworn statement, which will set forth the following information:
A. The actual weighted average cost per Mcf of gas as defined in the gas supply
agreement, as amended, in United Texas' system for the first 6 months of the 8 month
period immediately preceding the next Half -Rate Year;
B. A summary of all gas purchase agreements pursuant to which United Texas
purchased gas included in the computations of the weighted average cost per Mcf,
which list shall setforththe price per Mcf paid under each such agreement;
C. The price per Mcf of domestic gas to be charged Southern Union during the
following Half -Rate Year, together with detailed schedules showing United Texas'
calculations thereof;
D. The Post Audit Adjustment amount (as defined in the 1971 gas supply agreement
as amended) to be collected during the next Half -Rate Year, if any, and the cents per
Mcf, if any, to be added to or subtracted from the price per Mcf for domestic gas
sold to Southern Union and the balances in the Post Audit Adjustment account;
E. The amount paid by United Texas to obtain certain gas supplies (which amounts
are defined in the 1971 gas supply agreement as amended as "the Tangley pro rata
share amount ") to be collected during the next Half -Rate Year, if any, and the cents
per Mcf, if any, to be added to or subtracted from the price per Mcf for domestic
gas sold to Southern Union and the balances in the Tangley pro rata share account;
F. The peaking costs amount (as defined in the 1971 gas supply agreement as
amended) to be collected during the next Half -Rate Year, if any, and the cents per
Mcf, if any, to be added to or subtracted from the price per Mcf for domestic gas
sold to Southern Union and the balances in the Peaking Costs account.
III.
Right of Cities to Audit Records Concerning Gas Supply Costs
Following the issuance of a final, non - appealable order by the Commission approving
in full the Amendatory Agreement and this Settlement, the Cities shall, during the
term of the 1971 gas supply agreement as amended, have the right upon reasonable
notice to audit, during regular office hours, United Texas' books and records to
' verify the accuracy and correctness of any of the information provided by United
Texas to the Cities pursuant to this Settlement Proposal. Any information received
by the Cities from United Texas declared to be confidential information shall be
safeguarded by the Cities and the Cities shall not willfully or intentionally
thereafter make such information public other than in connection with proceedings
before the Railroad Commission of Texas or other regulatory body or court having
jurisdiction.
Minutes Continued, September 8, 1977
IV.
Regulatory Expenses
It is agreed that upon the entrance of a final and non- appealable order in this
proceeding unconditionally approving in full the Amendatory Agreement and this
Settlement, United Texas will reimburse the Cities for costs incurred in connection
with the proceeding up to an aggregate maximum of $75,000. The Cities shall submit
to United Texas a statement showing the amount to be paid to each City and to any
outside consultants. It is agreed and understood among all parties that United
Texas shall not be entitled to recoup this amount by imposing a surcharge on the
rates it charges to Southern Union for gas which Southern Union resells to the
Cities. Nor shall United Texas be entitled to impose a surcharge on such rates
to recoup any regulatory expenses incurred by United Texas in connection with this
proceeding. Southern Union agrees that it will not include in the rates it charges
the Cities any regulatory expenses incurred in this proceeding.
V.
Amounts Collected Pursuant to Interim Order
All amount collected by United Texas pursuant to the interim order issued January
26, 1976, in this Gas Utilities Docket No. 629 shall be approved by final non -
appealable order of the Commission. In this connection the amount collected by
United Texas pursuant to said interim order shall no longer by subject to refund
and the Commission's order approving this Settlement shall so provide.
VI.
Reservations
If the Commission shall not have entered a final and non - appealable order in this
proceeding unconditionally approving the Amendatory Agreement and this Settlement
within ninety (90) days of that set forth above, an;y party hereto may withdraw from
the settlement upon giving written notice to the Commission and to all parties of
record in this proceeding, provided that such notice is given prior to the entry of
such a final non - appealable order..
The settlement term and conditions provided for herein are a
compromise of the positions taken by the parties in the captioned proceeding and,
if such Settlement terms are not accepted in their entirety by the Commission, they
shall be privileged and of no effect. The Settlement provisions are intended to
relate only to United Texas application in this proceeding and shall not constitute
a waiver, consent or admission of any principal of law either expressed or implied
herein. This Settlement will not affect any claim or right which any party may
have with respect to any other matters. Said Settlement shall in no way prejudice
the rights of the parties with respect to any pending or future proceedings before
this Commission or any other regulatory agency or court having jurisdiction. This
Settlement shall be without prejudice to the right of United Texas or Southern
Union to seek subsequent or further rate relief before this or any other Commission
or agency or to the right of the Cities to appear and protest any such actions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
counterparts on the day and year first written above.
SOUTHERN UNION GAS COMPANY
UNITED TEXAS TRANSMISSION COMPANY
By By
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THE CITY OF PORT ARTHUR
BY
THE CITY OF NEDERLAND
By
THE CITY OF PEAR RIDGE
By
THE CITY OF GRIFFING PARK
By
Mr. Nugent left the meeting at 7:00 P. M.
Discussion Items were as follows:
Minutes Continued, September 8, 1977
THE CITY OF PORT NECHES
By
THE CITY OF LAKEVIEW
By
THE CITY OF GROVES
By
1. Complaint of dirty water at 21st & Franklin.
2. Low water pressure at Johnny Warner's.
3. Destruction of storage building at park.
4. Board missing at Boston & 9th Street in the barrel.
5. High grass behind Texaco Station along South 9th Street.
6. High grass at B & B Auto Supply.
7. Fallen limb at old library.
8. Clean up for Service Center and City Office Building.
9. Cracking of driveway at Mr. Harrison's on South 15th Street.
10. Plaque on Police Station.
11. Bricking of Police Station building.
12. Clayton Addition tour.
13. Planning of Bank Annual Christmas Party.
14. EMS system.
15. Fire drill field - tower construction.
16. Fires outside City Limits.
17. Console in Firemen's office.
18. Specifications for annual equipment.
The meeting was adjourned at 7:35 P. M.
H. E. NAGEEL�
H. 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 I
September 13, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, and R. A. Nugent.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table approval of the
Minutes of the Special Meeting of September 8, 1977 until the next meeting. All Voted
Aye.
Sealed bids were received, opened, and read for service contracts for planned main-
tenance of City air conditioning and heating equipment. Bidders were: Bubba's
Heating and Air Conditioning; Craig Company; W. Williams Refrigeration; and Bob
Smith Air Conditioning.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to award the bid for
planned maintenance of City air conditioning and heating equipment to W. Williams
Refrigeration on the basis of their low bid. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to appoint Neushaffer-
Browning as Certified Public Accountants to perform the Audit for the 1976 -1977
Fiscal Year ending September 30, 1977. All Voted Aye.
Councilman Sam Gillespie arrived at: the City Council Meeting at 7:00 P. M. '
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the following
policy for use of the City Service Center meeting room and the City Council room.
All Voted Aye.
POLICY APPROVED BY NEDERLAND CITY COUNCIL: September 13, 1977
RULES AND REGULATIONS
FOR USE OF SERVICE CENTER MEETING ROOM
and CITY COUNCIL ROOM
All drinks are permitted except alcoholic beverages.
The room should be put back in the same order they are found.
All waste baskets should be emptied in the dumpster in the parking lot.
Rice, cake crumbs, punch spills, etc. should be cleaned up by responsible
party (a Nederland citizen).
There is no charge for use but an adult Nederland citizen should be
assigned responsibility for the activity, clean -up, and protection of
this citizen -owned property. Please, help us to keep from having to '
charge or require a deposit for use of this fine facility.
1
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Minutes Continued, September 13, 1977
1. Because these facilities are public property their use should
be limited to public or quasi - public meetings or functions.
2. Daytime meetings (before 5:00 P. M.) should be kept to an
absolute minimum.
3. Failure to leave premises cleaned will result in denial of
future use.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance
and expenses of the following:
James Byers, Building Official Southern Building Code Congress, October 23 -27,
1977; Orlando, Florida
A. A. Salter, Plumbing Inspector Plumbing Inspector's Examination, September 14,
1977; Austin, Texas
Mark Cheney, Arson Investigation School, September 12-
Assistant Fire Marshall November 18, 1977; Lamar University; Beaumont
Barbara Newberry, Librarian Regional Meeting of Houston Area Library
System, September 29, 1977; Cleveland, Texas
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc authorizing transfer
in accordance with the City Charter, Section 15.02, of $136,642.00 from the Water
Fund to the General Fund. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize partici-
pation in the Mid - County Fire Drill Field and payment in the amount of $171.89 for
one year. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel authorizing payment to
contractors as follows: Golden Triangle Constructors, Inc. Estimate No. 6, Job No.
376 -13P Clayton Addition of Paving & Appurtenances in the amount of $16,400.00
from HUD Community Development Block Grant Program. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to adopt "Certificate of
Approval and Acceptance for the City of Nederland of 1977 Assessment Rolls for the
City of Nederland, Texas ". All Voted Aye.
CERTIFICATE OF APPROVAL AND ACCEPTANCE OF 1977
ASSESSMENT ROLLS FOR THE CITY OF NEDERLAND, TEXAS,
BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS.
The Assessment Rolls of the City of Nederland, Texas, for the Tax Year 1977, as set
out below, are hereby approved and accepted by the City Council of the City of
Nederland, Texas, and passed by the Board of Equalization as to the Valuation of
Real and Personal Property within the City.
Valuation Amount
Land and Improvements $63,099,959
Personal Property 5,953,788
Total $69,053,747
U h
Minutes Continued, September 13, 1977
Given under my hand and seal of office by authority of the City Council, this the
13th day of September, A. D., 1977.
H. E. NAGEL
H. 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. Nagel to approve payment of
bills for the month of August in the amount of $21,162.98 by General Fund Checks
No. 7925 -7982; $72,341.50 by Water Fund Checks No. 2594 -2625; $154.14 by Library
Fund Checks No. 106 -108; and $8,664.06 by Doornbos Park Fund Checks No. 244 -249.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to advertise for bids
on October 11, 1977 for annual equipment purchases as follows:
Uniforms
Radar Unit
Two (2) 1978 11 Ton Pickups and Service Body
One (1) Ton 1978 Truck Chassis and Service Body
Four Door Sedan for Fire Department
Two (2) 1978 Blue Police Cars
One (1) 1978 Two (2) Ton Truck Chassis and Standard Dump Body
Two (2) Cab over Truck Chassis and Mounting Existing Bodies on the New Trucks
Sanitary Landfill Compactor or Dozer
All Voted Aye.
Discussion Items Were As Follows:
1. Lorenzo Sumrall
2. Grass needing to be cut 21st & Ave. B, Kent & 14th, and upper end of Helena.
3. Parking of cars on streets.
4. Grass cutting behind Texaco station on South 9th Street.
5. Car lot on South 7th Street and Avenue "H" being in residential zone.
6. Street repair at 1100 Franklin.
7. Estimate for Service Center maintenance.
8. Fire fighting agreement with Port Arthur.
9. Water pressure at Mr. Johnny Warner's.
10. Supplemental agreement with Union Oil.
11: Lines in Highland North Addition.
12. Improved entrance road to Sanitary Landfill.
13. Striping of streets for turn lanes.
14. Traffic study.
15. Garbage truck specifications.
C
1
1
Minutes Continued, September 13, 1977
The meeting was adjourned at 8:05 P. M. 1
' H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER L&,d, , 2.Gz /lf�
Alta Fletcher, City Secretary
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
September 27, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, H. E. Nagel, and R. A. Nugent.
Members absent were C. N. LeBlanc and Sam Gillespie.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the corrected
Minutes of the previous meeting of September 8, 1977 and to approve the Minutes of
September 13, 1977 as written. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve payment,
Estimate No. 4, to Winter King and Son for progress on the Police Station /Courtroom
Annex in the amount of $23,499.00. All Voted Aye.
*A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve easement
agreement with Kansas City Southern Railroad Company permitting the widening of
Nederland Avenue at the railroad crossing so as to provide for a left turn lane
at the Twin City Highway intersection. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Ordinance
No. 303 and Agreement providing for extending fire fighting assistance outside
the City of Nederland. All Voted Aye.
ORDINANCE NO. 303
AN ORDINANCE CONCERNING THE POLICY OF THE CITY COUNCIL ON FIRE
AND POLICE SERVICES OUTSIDE THE CITY OF NEDERLAND.
WHEREAS, it is timely and appropriate that the policy of the City of
Nederland be clarified and established as a matter of record concerning fire and
police services outside the City Limits of the City of Nederland as is authorized
by Article 4413 (32c) of Vernon's Annotated Texas Statutes and all other laws of
the State of Texas relating to interlocal fire and police protection:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND:
That the City of Nederland shall not undertake any fire or police assis-
tance to persons, property, or interests outside corporate limits of the City of
Nederland, except that fire assistance outside the City of Nederland may be
rendered in any instance determined by City of Nederland officials as immediately
necessary to protect life or property within the City of Nederland and to comply
with Article 4413 (32c) Vernon's Annotated Texas Statutes as related to fire
protection; and provided that this shall not be construed to prohibit lawful
co- operation between City of Nederland fire and police departments with law
enforcement agencies and officers of the State, County, and United States or ,
participation in any national association of police officers or agencies
whereby information is exchanged; provided further, that this shall not preclude
fire or police assistance outside the corporate limits of the City of Nederland
* See Page No. 93
Minutes Continued, September 27, 1977
pursuant to a valid written mutual aid or interlocal co- operation agreement approved
by City Council; and, that this ordinance is to adopt Article 4413 (32c) Vernon's
Annotated Texas Statutes as it pertains to fire and police protection; and, this
ordinance is supplementing City of Nederland Ordinance No. 269.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Nederland
Texas this 27th day of September, A. D., 1977.
ATTEST:
H. E. NAGEL
H. E. Nagel Mayor
City of Nederland, Texas
ALTA FLETCHER APPROVED AS TO FORM AND LEGALITY:
Alta Fletcher, City Secretary
City of Nederland, Texas
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
INTERLOCAL COOPERATION AGREEMENT
FOR FIRE PROTECTION SERVICES
INCORPORATED CITIES /TOWNS
LOCATED WITHIN JEFFERSON COUNTY, TEXAS
THE STATE OF TEXAS X
' COUNTY OF JEFFERSON X
THIS AGREEMENT entered into this day of ,A.D.,
1977, between the City of Nederland and the located
(City /Town)
within Jefferson County, Texas.
W I T N E S S E T H:
WHEREAS, the governing officials of the said cities, political subdivisions
of the County of Jefferson, State of Texas, desire to secure for each such City
the benefits of mutual aid in fire prevention and the protection of life and
property from fire and in fire fighting;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon request of the by its employee
(City /Town)
firemen or central dispatcher, and upon request of the City of Nederland, Texas,
by its Fire Chief or an Assistant Fire Chief in charge, the fire fighting
equipment and personnel of responding City will be dispatched to any point within
the corporate limits of the requesting City designated by its said officers and
agents, subject to the emergency conditions hereinafter stated.
It is hereby declared and agreed that an emergency condition shall exist
' within the corporate limits of a party hereto at a time when one or more fires are
in progress, and that when such condition exists the said officers and agents of
responding City shall determine advisability of sending or maintaining fire fighting
equipment or personnel beyond the corporate limits of the responding City, and the
judgment of said officers and agents shall be final.
2. Any dispatch of equipment and personnel pursuant to this Agreement is
subject to the following conditions:
Minutes Continued, September 27, 1977
a. Any request for aid shall specify the amount and type of equipment and
number of personnel requested, and shall specify the location to which the equipment
and personnel are to be dispatched, but the amount and type of equipment and number
of personnel to be furnished shall be determined by an authorized representative of
responding City.
b. Responding City shall report to the officer in charge of requesting City
at the designated location.
c. Responding City shall be released by requesting City when services of
responding City are no longer required or when responding City personnel and equip-
ment are needed within its corporate limits.
3. Neither City shall be reimbursed by the other City for costs incurred
pursuant to this Agreement. Any civil liability related to the furnishing of ser-
vices hereunder, is the responsibility of the requesting City in accordance with
Article 4413 (32c) V.A.T.S.
4. All equipment used by the responding City Fire Department in carrying
out this Agreement will, at the time of action hereunder bg owned by it; and all
personnel acting for said responding City Fire Department under this Agreement
will, at the time of such action, be an employee or Volunteer Fire Department
member of the said responding City.
5. It is further agreed by and between the parties hereto that either
party hereto shall have the right to terminate this Agreement upon thirty (30)
days written notice to the other party hereto.
6. This Agreement is made pursuant to Article 4413 (32c), V.A.C.S., the
Revised Civil Statutes of Texas, commonly referred to as the Interlocal Cooper-
ation Act.
Effective date of this Agreement shall be on the day of
, A. D., 1977, and unless otherwise terminated shall extend for
an indefinite period of time.
ATTEST: City /Town of
Attest;
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
By:
Mayor
City of Nederland
By:
H. E. Nagel, Mayor
City of Nederland, Texas
f
1
W. E. Sanderson, City Attorney I
City of Nederland, Texas
11
Minutes Continued, September 27, 1977
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize approval
of Resolution indicating the City Councils position pertaining to a crossing of
the Neches River for east bound traffic along Highway 87 adjacent to the "Rainbow
Bridge "; and to authorize attendance of any City officials that may be able to
go with the delegation before the Highway Commission on October 20, 1977. All
Voted Aye.
A RESOLUTION OF THE CITY OF NEDERLAND
WHEREAS, the Rainbow Bridge along SH 87 connects Jefferson and Orange
Counties and is a vital link through which goods, services, and people flow;
and
WHEREAS, the Rainbow Bridge, being a two -lane structure, is inadequate
to carry heavy traffic; and
WHEREAS, SH 87 is a major evacuation route for South Jefferson County; and
WHEREAS, the width of this structure has caused numerous accidents, claiming
lives and injuring people; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
THAT, the City of Nederland City Council does hereby go on record as being
in support of the construction of an additional two -lane bridge along SH 87 across
the Neches River, and that the Highway Commission of the State Department of
' Highways and Public Transportation be encouraged to provide funds for the con-
struction of this structure; and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the
Highway Commissioners and Representatives and Senators of both Orange and
Jefferson Counties as evidence of the City Council's support.
PASSED, APPROVED, AND ADOPTED this 27th day of September, 1977.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to provide for a
variance in the Highland North Subdivision Unit I to permit two (2) 6" diameter
sanitary sewer lines as shown on the plans. All Voted Aye.
Minutes Continued, September 27, 1977
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing rates for
individual use of the Sanitary Landfill by dumping permits. All Voted Aye. I
SANITARY LANDFILL USE PERMIT CHARGES
Residential by Homeowner: Cost /load Permit
Cost /Mth.
Pickups, small vans and small bob tails (residential garbage outside City $1.00 $6.00
Pickups, small vans and small bob tails (misc. trash) five load limit 2.00 10.00
Commercial:
Average commercial pickup, business bob tail or van - three to four loads
per week 5.00 45.00
Large Commercial or business truck - five yd. dump or stakebody
(loose garbage) -- Single axle 8.00 80.00
Large Commercial or business truck - five yd. dump or stakebody
(lumber) -- Single axle 11.00 104.00
Extra large commercial truck 10 to 14 yd. dump or semi- trailer
(loose garbage) -- Tandum axle 32.50 Special
Extra large commercial truck - 10 to 14 yd. dump or semi- trailer
(lumber) -- Tandum axle 52.00 Special
,
Packer trucks (residential) - $.90 per customer 20 cu. yard 15.00 Special
Packer trucks (commercial) 30 cu. yard 20.00 Special
Note: Special Permit costs to be issued by Director of Public Works with quarterly
review by City Manager and City Council.
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing police patrol
cars to escort Nederland buses to football games outside of the City. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize influenza
immunization for City employees. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel authorizing attendance
and expenses for the following: Councilman C. N. LeBlanc to annual conference of
Regional Councils' in Lubbock, September 25 -27, 1977; Assistant Police Chief Homer
Taylor to Annual Armed Robbery Conference in Huntsville, Alabama, October 3 -7, 1977;
Mayor, Councilmen, and City Manager to Annual Texas Municipal League meeting in San
Antonio, October 15 -19, 1977. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve corrections
for nine (9) property assessments totaling $657.59 in taxes. All Voted Aye.
Minutes Continued, September 27, 1977
* THE STATE OF MISSOURI X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JACKSON X
THAT The Kansas City Southern Railroad Company of Jackson County, Missouri
for and in consideration of the sum of One Thousand and no /100 dollar ($1,000.00)
and other good and valuable consideration to the undersigned paid by the City of
Nederland, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND
CONVEYED unto the City of Nederland, Jefferson County, Texas, an easement described
as follows, to wit:
Being a parcel of land out of Lot 5, block 15, Range "F ",
Port Arthur Land Company Survey, Jefferson County, Texas,
and being more fully described as follows:
BEGINNING at the intersection of the Southeasterly line
of Nederland Avenue with the Southwesterly line of The
Kansas City Southern Railway 100 -ft right of way, said
point being on the Northeasterly line of State Highway
347; THENCE S 47 deg 09 min E with said Southwesterly
line of The Kansas City Southern right of way, a distance
' of 35.01 feet to a point for corner; THENCE N. 2 deg 58 min
W, 28.68 feet to a point for corner; said point lying
15 feet at right angles from the Southeasterly line of
Nederland Avenue; THENCE N. 41 deg 13 min E 15 feet from
and parallel to the Southeasterly line of Nederland Avenue,
a distance of 80.04 feet to a point for corner in the
CORRECTIONS
OF THE 1976 TAX ROLL
'
In accordance with Section 8.09,
Home Rule Charter, the following
amounts should be
deleted:
DESCRIPTION
REASON
AMOUNT
Wz of Lot 5, Lot 6
Block 9, Airport
Disabled Veteran Exemption
$ 32.40
Lot 1, Block 1, Cottage Grove
Tract 2
Disabled Veteran Exemption
24.30
Lot 1, Block 7, Helena Park
Disabled Veteran Exemption
24.30
Lot 3, Block 5, Highland Park
Disabled Veteran Exemption
40.50
Tr. 2, Block 9, McCauley
Senior Citizen Exemption
81.00
Lot 11, Block 24, Nederland
Senior Citizen Exemption
81.00
N75' of Lot 3, Block 1,
Youmans Acres
Disabled Veteran Exemption
24.30
Personal Property
Dow Chemical
Rendered in Error
325.49
Lot 3, Block 16, Range G
Palco, Tr. 17
Disabled Veteran
24.30
$657.59
* THE STATE OF MISSOURI X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JACKSON X
THAT The Kansas City Southern Railroad Company of Jackson County, Missouri
for and in consideration of the sum of One Thousand and no /100 dollar ($1,000.00)
and other good and valuable consideration to the undersigned paid by the City of
Nederland, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND
CONVEYED unto the City of Nederland, Jefferson County, Texas, an easement described
as follows, to wit:
Being a parcel of land out of Lot 5, block 15, Range "F ",
Port Arthur Land Company Survey, Jefferson County, Texas,
and being more fully described as follows:
BEGINNING at the intersection of the Southeasterly line
of Nederland Avenue with the Southwesterly line of The
Kansas City Southern Railway 100 -ft right of way, said
point being on the Northeasterly line of State Highway
347; THENCE S 47 deg 09 min E with said Southwesterly
line of The Kansas City Southern right of way, a distance
' of 35.01 feet to a point for corner; THENCE N. 2 deg 58 min
W, 28.68 feet to a point for corner; said point lying
15 feet at right angles from the Southeasterly line of
Nederland Avenue; THENCE N. 41 deg 13 min E 15 feet from
and parallel to the Southeasterly line of Nederland Avenue,
a distance of 80.04 feet to a point for corner in the
9'
Minutes Continued, September 27, 1977
Northeasterly line of The Kansas City Southern right of way;
THENCE N. 47 deg 09 min W with the Northeasterly line of said
Kansas City Southern right of way, a distance of 15.01 feet
to a point for corner on the Southeasterly line of Nederland
Avenue; THENCE S. 41 deg 13 min W with the Southeasterly line
of Nederland Avenue for a distance of 100.04 feet to the point
of beginning and containing 0.039 acres of land, more or less.
Said easement shall be for the purpose of constructing and maintaining a road and
all appurtenances thereto.
TO HAVE AND TO HOLD the above described easement, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the City
of Nederland, its successors and assigns forever; and we do hereby bind ourselves
and our successors and administrators to WARRANT AND FOREVER DEFEND all and
singular the said easement unto the said City of Nederland, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
EXECUTED this 27th day of September, 1977.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
THE KANSAS CITY SOUTHERN RAILROAD COMPANY
By: M. F. McCLAIN
Vice President
Discussion items were as follows:
CITY OF NEDERLAND
By H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
1. Letter from Mr. Klawiter, Union 76, concerning Ordinance No. 300.
2. Preliminary draft of Traffic Engineering Survey.
3. Sidewalk study.
4. Ordinance No. 70, Alcoholic. Beverages, New construction on Highway 365.
5. Emergency Medical System.
6. Improvement of Highway 365 from Highway 96 to Highway 347.
7. News release from Water District #10.
The meeting was adjourned at 8:20 P. M.
ATTEST:
ALTA FLETCHER4 2 2 ,� t-/
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
1
r
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 11, 1977
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were H. E. Nagel, R. D. Sawyer, R. A. Nugent, and C. N. LeBlanc.
Members absent were Sam Gillespie.
*A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Ordinance
No. 302, an ordinance annexing on second and final reading, an area containing
approximately 41.21 acres contiguous with and north of the present city limits.
All Voted Aye.
Sealed bids were received, opened, and read for nine proposals. The bidders and
the base bids were as follows:
Proposal No. 1 - Employee Uniforms - -Tyler Uniform Company, shirts $6.95 each
and pants $7.95 each;
Proposal No. 2 - Radar Unit -- Decatur Electronics, $1650.00;
Proposal No. 3 - Four Door Sedan-- Kinsel Ford, $5,244.12; Gordon Chevrolet,
$5,400.00; and Beaumont Motor Company, $4,896.16;
Proposal No. 4 - Two Police Cars -- Kinsel Ford, $10,230.00; and Beaumont Motor
Company, $10,273.14;
Proposal No. 5 - Two � Ton Pickup Trucks-- Kinsel Ford, $7,042.90; Gordon
Chevrolet, $7,800.00; Buddy Chevrolet, $7,500.00; and Beaumont Motor Company,
(unleaded, light duty) $7,098.18 and (regular,heavy duty) $7,421.02;
Proposal No. 6 - One Ton Truck Chassis and Service Body -- Kinsel Ford, $5,950.00;
Gordon Chevrolet, $6,500.00; Mobile Equipment Company, $6,553.00; Buddy Chevrolet,
$5,948.04; Beaumont Motor Company, $5,967.94;
Proposal No. 7 - One Dump Truck and Body -- Kinsel Ford, $9,225.00; Gordon
Chevrolet, $9,800.00; Beaumont Motor Company, $8,333.83;
Proposal No. 8 - Two Cab Over Truck Chassis - -No Bids received.
Proposal No. 9 - Landfill Compactor or Dozer -- Michel Machinery, Compactor,
$64,450.00 plus air conditioning $66,950.00, and Dozer, $63,425.00 plus air conditioning
$65,925.00; Hyco Equipment, Compactor, $60,757.00 plus air conditioning $63,007.00
and Dozer, $53,040.00 plus air conditioning $54,025.00; Mustang, Compactor, $70,610.00,
plus air conditioning $73,176.00, and Dozer, $70,997.00 plus air conditioning
$73,051.00; and Plains Machinery, Compactor, $66,000.00 plus air conditioning
$66,850.00, and Dozer, $82,054.00 plus air conditioning $84,964.00;
Bids to buy present 1973 Chevrolet City truck: Richard Norris, $400.00;
James Davis, $325.99; and Glen Franklin, $326.00;
Bids to buy another 1973 City truck: James Davis, $52.00;
Bids for present one ton truck chassis: James Davis, $156.00;
Bids for present dump truck: James Davis,$626.00;
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to refer the bids for
' these nine proposals to the City Manager and his staff for tabulation and recommend-
ation. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement
for bids to be received 6:30 p.m., November 8, 1977, to cut and clean several lots
in accordance with Ordinance No. 78. All Voted Aye.
Minutes continued, October 11, 1977
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement to
be received October 25, 1977, for one years' supply of plastic garbage bags (945,000)
to be delivered in three shipments. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr.. LeBlanc to authorize an agreement
with Nederland Independent School. District providing for public use of Central Junior
High School tennis courts and C. 0. Wilson Junior high School tennis courts with City
reimbursing the school district for the cost of the installation of lighting. All Voted
Aye.
October 11, 1977
Mr. R. L. Harmon, President
and Members of the Board of Trustees
Nederland Independent School District
220 - 17th Street
Nederland, TX 77627
Attention: Mr. Maurice Talbert, Superintendent
Gentlemen:
This letter is in response to your letter dated August 9, 1977, pertaining to the
installation of lighting on tennis courts existing at the Central Junior High School
campus and to be constructed at the C. 0. Wilson Junior High School campus. We request
that the School District include the lighting installation as an alternate to the
tennis court bids contemplated for location upon the C. 0. Wilson campus, and that
this also include an alternate bid for the installation of lighting for the Central I
tennis courts.
The City would expect to authorize the reimbursement of Nederland Independent School
District for the cost of the lighting installation if approved by the City Council
after bids were received. In addition, we request that these lights be installed of
the same quality and similar to the installation now in service at the C. Doornbos
Park in accordance with the attached plans and specifications.
The City of Nederland would reserve the right to take separate bids and to provide these
facilities by other means should this be found to be desirable. In addition, our
City Attorney, W. E. Sanderson, in conjunction with your attorney, is authorized to
prepare an agreement between Nederland Independent School District and the City of
Nederland providing for public use of these facilities and the necessary liability
coverage in addition to the above propositions.
Sincerely yours,
CITY OF NEDERLAND
Homer E. Nagel, Mayor
DBH /lra
Enclosure
cc: Mr. D. B. Henson, City Manager '
City Councilmen
Mr. W. E. Sanderson, City Attorney
A motion was made by Mr. LeBlanc and seconded by Mr'. Sawyer to approve the Resolution
requesting that the Commission of the Texas State Department of Highways and Public
Minutes continued, October 11, 1977
Transportation approve the reconstruction of Highway 365 to four lanes with an
addition of a left turn lane along FM 365 from US Hwy 69, 96, 287 to SH 347.
All Voted Aye.
A RESOLUTION OF THE CITY OF NEDERLAND
State of Texas X
County of Jefferson X
WHEREAS, FM 365 is a main connecting artery between US Hwy 69, 96, and 287
with SH 347; and,
WHEREAS, FM 365 is located at the bisecting point of Jefferson County and
adjacent to Jefferson County Airport; and,
WHEREAS, considerable residential and retail development is now under way along
said FM 365; and,
WHEREAS, traffic counts have increased many fold during the last ten (10) years
along FM 365 due to the above factors;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Nederland
hereby requests the Honorable Commission of the State Department of Highways and
Public Transportation to appropriate funds and to authorize the design and con-
struction along FM 365 to a five (5) land facility minimum from US Hwy 69 to SH 347
with major intersection improvements to be made along 27th Street in Nederland and
9th Avenue in Port Arthur where these two arteries intersect FM 365.
PASSED AND ADOPTED during a legally convened meeting of the City Council of
the City of Nederland this 11th day of October, 1977, with instructions to notify
local State elected officials of this area of such endorsement.
S /H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
S /LA DONNA ANDERSON
LaDOnna Anderson, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
S1W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to authorize the agreement
with the County of Jefferson to provide for fire fighting outside the City limits of
Nederland within the unincorporated areas of Jefferson County and provide for
maintenance of the road system within the Mid - County Municipal League Fire Drill Site
by the County. All Voted Aye.
Minutes Continued, October 11, 1977
THE STATE OF TEXAS X '
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON X
AN AGREEMENT
This agreement between the City of Nederland 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 Commissioners Court of Jefferson County,
agrees as follows:
I.
That the City of Nederland agrees to furnish fire fighting equipment and personnel
outside the city limits of Nederland, all upon the following conditions:
II.
That the County of Jefferson will furnish equipment and personnel to be used
in connection with the construction and reconstruction of the roads at the Midcounty
Municipal League Fire Drill Site and the streets and roads inside the City of Nederland
that are an integral part of the road system of the County of Jefferson.
III.
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.
IV.
The City of Nederland agrees that the County of Jefferson shall determine to
what extent equipment and personnel of the County shall be used on the road at the
Midcounty Municipal League Fire Drill Site and in the City of Nederland on the construction
and reconstruction of the streets and roads in said City.
V.
The County of Jefferson agrees that the acts of any City employee or employees,
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.
VI.
The City of Nederland agrees that the acts of County employees or employees,
while constructing or reconstructing roads inside the corporate limits of the City of
Nederland, shall be considered the acts of the City of Nederland in all respects,
notwithstanding such person or persons may be regular county employees. '
VII.
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
1
1
1
a
Minutes Continued, October 11, 1977
235la -1, Revised Civil Statutes of Texas, and that the liability of each shall be
that which is set forth therein.
VIII.
It is understood and agreed that should the fire insurance rate of
either party be jeopardized in any manner as a result of answering fire calls
outside the city limits, then the parties shall have the right to terminate
this agreement upon immediate notice, either written or oral to the other party.
IX.
The term and duration of this agreement shall be for an indefinite
period and such agreement shall continue in full force and affect until thirty
(30) days from date of official notification in writing by the governing body
of either party (City Council of the City of Nederland and Commissioner's Court
of the County of Jefferson) of termination of such agreement.
IN WITNESS WHEREOF, this agreement has been duly executed by the County
of Jefferson on this 17th day of may, 1976, and by the City of Nederland on
this 11th day of October , 1977.
THE CITY OF NEDERLAND
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
CITY COUNCIL
S /ROBERT SAWYER
Robert Sawyer
S /CARL N. LE BLANC
Carl N. LeBlanc
E. T. Gillespie, Jr.
S /R. A. NUGENT
R. A. Nugent
ATTEST:
S /LA DONNA ANDERSON
LaDonna Anderson, Acting City Sec'y
APPROVED AS TO FORM:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
COMMISSIONERS COURT OF
JEFFERSON COUNTY, TEXAS
S /LEONARD GIBLIN
Leonard Giblin
S /NORMAN TROY
Norman Troy
S /JAMES A. SMITH
James A. Smith
S /DAVE SMITH, JR.
Dave Smith
S /TED R. WALKER
Ted R. Walker
ATTEST:
S /R. L. BARNES
County Clerk
Minutes Continued, October 11, 1977
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment to
Modern Steel Buildings, Estimate No. 1, for the Service Center Equipment Building in the I
amount of $31,887.90. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the extension
of 2" water main outside City for 533 L.F. to 3104 Seattle with nine (9) prospective
customers contributing $1,449.00 for full cost of this line in accordance with Ordinance
No. 149, Mr. L. R. Bennett. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to authorize payment of the
bills for the month of September, 1977. All Voted Aye.
Discussion items were as follows:
1. Trucks from Ritter Lumber Company driving down 10th Street and tearing down the
corners.
2. Water standing on Avenue "H" across the railroad tracks toward Port Neches.
3. Drains downtown are stopped up from garbage being thrown in them.
4. Letter from Chamber of Commerce commending the expansion of the Summer Recreation.
5. December 4, 1977, football game of the Oilers.
6. TML Conference in San Antonio, and meeting in Austin for a new bridge across Neches
River.
7. Amendment to Ordinance No. 147.
8. Report on Texas Bus Lines meeting in Austin last week.
9. Summary of recommendations of the Traffic Engineering Survey.
The meeting was adjourned at 8:35 p.m. I
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
�aQmv�ca W�'�cer000'>'1
LA DONNA ANDERSON
La Donna Anderson, Acting City Secretary
1
IM
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 24, 1977
The meeting was called to order at 6 :50 P. M. by Mayor H. E. Nagel.
Members present were Messrs. C. N. LeBlanc, H. E. Nagel, R. A. Nugent and Sam Gillespie.
Mr. R. D. Sawyer was absent.
Presentation was made of brief sales discussion and a film by vendors of dozer and
compactor equipment, and an opportunity was given them to point out features of their
units. No official action was taken.
The meeting was adjourned at 8 :50 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
I�
_JC
A. E. Nagel, M r
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 25, 1977
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr.
Sam Gillespie.
Members absent were Mr. R. D. Sawyer.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of October 11, 1977 as written. All Voted Aye.
Mr. Dennis Bourque from La Place Apartments requested assistance from the City to
prohibit outsiders from depositing garbage in container at his apartments located
in the 3300 block of Avenue "H ". Mr. Bourque expressed his opinion that he believed
the rate for the container was excessive considering outsiders were using it. Mr.
Bourque was told the Garbage Ordinance No. 35 and Sanitation and Clean Premises
Ordinance No. 78 would be reviewed by the City Attorney for his recommendations on
how to handle the problem.
Sealed bids were received, opened, and read for 945,000 plastic bags (1 year needs).
Bidders were: Malone and Hyde Company; Adams Industries; B & E Packaging; Arrow
Industries; and Marketing Services. A motion was made by Mr. Nugent and seconded
by Mr. Gillespie to submit the bids as read to the City Manager and his staff for ,
tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for two (2) cab over chassis on which
to remount two (2) garbage bodies. Bidders were: Philpott Ford, $17,093.00 each
for a total of $34,186.00; Gordon Chevrolet, $17,630.00 each for a total of
$34,260.00 less trade in of $600.00 making a total of $34,660.00. A motion was
made by Mr. Nagel and seconded by Mr. LeBlanc to refer the bids to the City Manager
and his staff for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award the bids
received at the previous meeting of October 11, 1977 as follows:
Proposal No. 1 - Employee Uniforms - Tyler Uniform Company
Proposal No. 2 - Radar Unit - Decauter Company
Proposal No. 3 - Four Door Sedan - Kinsel Ford (without trade in)
Proposal No. 4 - Two Police Cars - Kinsel Ford
Proposal No. 5 - One 2 ton Pickup Truck less trade in on Pickup No. 332, $3,545.45;
sell No. 339 to Richard Norris for $400.00.
Proposal No. 6 - One Ton Truck Chassis and Service Body - Kinsel Ford, $5,950.00
Proposal No. 7 - One Dump Truck and Body - Beaumont Motor Company.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to make payment ,
to Winter King and Son, Estimate No. 5, for Police Station /Courtroom in the amount
of $45,675.00. All Voted Aye.
103
Minutes Continued, October 25, 1977
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to congratulate
Mrs. Alta Fletcher, City Secretary and Tax Assessor Collector, for her successful
designation as a Certified Texas Assessor and to congratulate Mr. A. A. Salter on
his receiving a Plumbing Inspector License. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve an
Amendment to Personnel 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 III
HOURS OF.WORK
Section 2 (a) - An Addendum to apply to Sanitation Department Employees
The normal work schedule for employees of the Sanitation Department shall be a
four (4) day forty (40) hours work week. Daily work schedule hours to be approved
by the City Manager periodically. Such employees shall be paid time and one -half
' for hours worked in excess of eight (8) hours in any one day or forty (40) hours
in any one week. In no case will both daily and weekly overtime be paid for same
hours worked. Any work performed in excess of normal work schedule must be
approved by the City Manager.
ARTICLE V
LEAVES AND ABSENCE
Section 3 - Change the first paragraph to read:
No employee shall be paid for loss of work from illness for the first eight
(8) hours off from work and a certificate from a medical doctor will be required
after an injury or illness exceeds three (3) days in duration before the employee
will be permitted to return to work.
The effective date of the amendment shall be 1977.
PASSED AND APPROVED BY THE CITY COUNCIL during a legally convened meeting this
the 25th day of October , A. D., 1977.
HOMER E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST: _
APPROVED AS TO FORM:
ALTA FLETCHER
Alta Fletcher, City Secretary W. E. SANDERSON
City of Nederland, Texas W. E. Sanderson, City Attorney
City of Nederland, Texas
I 1 I.1
Minutes Continued, October 25, 1977
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award the bid for
945,000 plastic bags (1 year needs) to Marketing Services on the basis of their low
bid of $38,707.20. All Voted Aye. '
Discussion Items Were As Follows:
1. Pat Riley Ambulance Service speeding and using siren other than for emergencies.
2. Patching needed from Canal to Helena on 27th Street.
3. Ponding on 16th Street between Elgin and Franklin.
4. Street lights on 14th Street and Orange Avenue..
5. Reverend James Lewis scheduling a Community Service November 6, 1977 at Nazarene
Church.
6. Major improvements proposed for bond election on 12/10/77.
7. Halloween Carnival at First Methodist Church.
8. Funds for assessment program for street paving.
The meeting was adjourned at 8:35 P. M.
L�_a = �-
Homer E. Nagel, Ma�dr
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
r ;)
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND November 7, 1977
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. R. A. Nugent, Mr. Sam Gillespie,
Mr. H. E. Nagel, and Mr. R. D. Sawyer.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the
Minutes of the previous meeting of October 25, 1977. All voted Aye.
Mr. Dave Perrell, Mr. Murphy Vaught, and Mr. Gene Shepherd were present to
explain the proposed projects included in City of Nederland Comprehensive Plan
pertaining to Streets, Drainage, and Sidewalks; Parks and Recreational
Facilities; addition to existing Public Library; and improvements to Nederland
Waterworks System.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table all action
until the regular meeting of the City Council on November 8, 1977. All voted
Aye.
The meeting was adjourned at 8:20 p.m.
J
ATTEST:
H. E. Nagel, May 6r
City of Nederland, Texas
La Donna Anderson, Acting City Secretary
City of Nederland, Texas
1
106
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 8, 1977
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A.
Nugent and Mr. Sam Gillespie.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve Minutes of the
meeting of November 7 as written. All Voted Aye.
Sealed bids for cutting and /or cleaning 25 lots and tracts in accordance with Ordinance
No. 78 were opened and read. Bids were as follows: Cureton and Son, $197.00; G. S.
Sturdivant, $215.00; and David C. Streadl, $300.00. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve a Resolution
entering into an agreement with Cureton and Son to cut the weeds, grass and brush for
a total consideration of $197.00 as per low bid. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve recommendations
of the City Planning Commission as follows:
(a) Preliminary acceptance of Allan Meadow Section Three Subdivision in accordance
with Ordinance No. 121;
(b) Authorize publication and call a Public Hearing for 6 :30 P. M., December 13, ,
1977, to consider an Amendment to Ordinance No. 146 providing for zoning of
the 40 acre tract adjacent to and North of Canal Street to Residential; and,
rezoning from Residential to Semi - Residential and Parking District a tract
of land between the Commercial Zone adjacent to Highway 365 and the most
Southerly boundary of C. Doornbos Park and situated approximately 650 feet
Northeast of 27th Street (5.7 acres).
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to call a Special Meeting
for 6 :30 P. M., Tuesday, November 15, 1977, for the purpose of calling a Bond Election
to authorize the issuance of bonds in the following amounts:
Streets, Drainage, and Sidewalks $ 7,050,000.00
Parks and Recreational Facilities 1,100,000.00
Addition to existing Public Library 130,000.00
Improvements to Nederland Waterworks System 1,450,000.00
TOTAL $ 9,730,000.00
and, to authorize the contract as submitted with Rauscher Pierce Securities Corporation
to serve as fiscal agents for the City during the issuance of such bonds. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize an agreement
as submitted with Nederland American Little League and the Hillcrest Baptist Church to
provide for utilities. All Voted Aye. (Notapproved by Church, see Page 185)
107
Minutes Continued, November 8, 1977
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of
bills for the month of October, 1977 in the amount of $14,144.92 by General Fund
Checks No. 134 -188 and $45,016.26 by Water Fund Checks No. 2685 -2718. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to authorize terminating
and voiding the agreement dated December 12, 1972, and the Amendment to that agreement
dated April 27, 1976, between the City of Nederland and Union Oil Company providing
for an industrial district designation of that property described in such documents
owned by Union Oil Company of California and to adopt the following Ordinance No. 304.
All Voted Aye.
ORDINANCE NO. 304
AN ORDINANCE TERMINATING AND VOIDING AN AGREEMENT DATED DECEMBER 12, 1972, AND AMEND-
MENT DATED APRIL 27, 1976, WITH UNION OIL COMPANY OF CALIFORNIA AND ADOPTING AN AGREE-
MENT WITH UNION OIL COMPANY OF CALIFORNIA DATED JULY 26, 1976.
WHEREAS, THE CITY OF NEDERLAND, acting by and through its duly authorized offi-
cers and Union Oil Company of California, acting by and through its duly authorized
officers, entered into an agreement dated December 12, 1972, whereby Union Oil Company
of California would pay to the City of Nederland certain sums of money as taxes and an
additional sum in lieu of taxes, and subsequent thereto, on April 27, 1976, this agree-
ment was amended by the City of Nederland and Union Oil Company of California; and
WHEREAS, on July 26, 1976, the City of Nederland, acting by and through its
duly authorized officers and Union Oil Company of California, acting by and through
its duly authorized officers entered into an agreement whereby Union Oil Company of
California pays a certain sum of money as taxes to the City of Nederland and an addi-
tional sum of money in lieu of taxes; and
WHEREAS, it is the decision of the parties hereto that the agreement dated
December 12, 1972, and the amendment dated April 27, 1976, be terminated and voided;
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS
That the agreement between the City of Nederland and Union Oil Company of
California dated December 12, 1972, and the amendment thereto dated April 27, 1976,
is terminated and voided as to any and all parts thereof that conflict with the
agreement between the City of Nederland and Union Oil Company dated July 26, 1976,
and the agreement dated July 26, 1976 is in full force and effect.
IN WITNESS WHEREOF, this agreement is executed as of 8th day of November, 1977.
CITY OF NEDERLAND
By H. E. NAGEL
Mayor
ATTESTED:
ALTA FLETCHER
City Secretary
W. E. SANDERSON
City Attorney
E
Minutes Continued, November 8, 1977
There was discussion on approval of an Amendment to Ordinance No. 147 providing for a
meal for employees working in excess of 12 hours in any one day. Mr. Calvin Woods,
Mr. Albert Reese and Mr. John Stelly were present to participate in this discussion.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on this
Amendment until the next regular meeting. All Voted Aye.
Discussion items were as follows:
1. Dispute over dozer at Sanitary Landfill, possible litigation.
2. Priority list for Capital Improvements.
3• Letter from Chamber of Commerce for motel tax increase to 4 %.
The meeting was adjourned at 8 :30 P. M.
Nagel, / /�eX
City of Nederland, Texas
ATTEST
Alta Fletcher, City Secretary
City of Nederland, Texas
1
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 15, 1977
MINUTES PERTAINING TO PASSAGE AND ADOPTION
OF ORDINANCE FOR CITY BOND ELECTION
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
CITY OF NEDERLAND X
ON THIS, the 15th day of November, 1977, the City Council of the City of
Nederland, Texas, convened in special session at the regular meeting place thereof
in City Hall, the meeting being open to the public and notice of said meeting,
giving the date, hour, place and subject thereof, having been given as prescribed
by Article 6252 -17, Section 3A, V.A.T.C.S., the following members being present
and in attendance, to wit:
HOMER E. NAGEL MAYOR
CARL LeBLANC )
R. A. NUGENT )
E. T. GILLESPIE ) COUNCILMEN
R. O. SAWYER )
and with the following absent: NONE constituting a quorum; and among
other business considered at said meeting, an ordinance was submitted to the City
Council for adoption and passage, such ordinance being entitled as follows:
Ordinance No. 305
"AN ORDINANCE by the City Council of the City of
Nederland, Texas, calling a bond election to
be held within said City, making provision for
the conduct of the election and other provisions
incident and related to the purpose of this
ordinance; and providing an effective date."
The ordinance was read in full. Thereupon, Councilman Gillespie moved its
adoption and the motion was seconded by Councilman Nugent. The motion carrying
with it the adoption of the ordinance prevailed by the following vote:
AYES: Mayor Nagel and Councilmen LeBlanc, Nugent, Gillespie,
and Sawyer.
NOES: None.
The presiding Officer announced that the ordinance had been passed and adopted
MINUTES APPROVED, this the 15th day of November, 1977.
S/H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
S/ LTA F - PTrHF.R
City Secretary, City of Nederland, Texas
(City Seal)
Minutes Continued, November 15, 1977
ORDINANCE NO. 305
AN ORDINANCE by the City Council of the City '
of Nederland, Texas, calling a bond election
to be held within said City, making provision
for the conduct of the election and other pro-
visions incident and related to the purpose of
ordinance; and providing an effective date.
WHEREAS, the City Council of Nederland, Texas, has determined that an election should be
called to ascertain whether said governing body shall be authorized to issue bonds of said
City in the amounts and for the purposes hereinafter mentioned; therefore,
BE IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: That an election be held on the 10th day of December, 1977, which date
is not less that fifteen (15) nor more than ninety (90) days from the date of the adoption
hereof, at which election the following propositions shall be submitted:
PROPOSITION NUMBER 1
"SHALL the City Council of the City of Nederland, Texas, be authorized to issue
revenue bonds of said city in the amount of $1,450,000 maturing serially in such install-
ments as may be fixed by the City Council, the maximum maturity being not more than
FORTY (40) years from their date, to be issued and sold at any price or prices and to
bear interest at any rate or rates as shall be determined within the discretion of the
City Council at the time of issuance, for the purpose of making permanent public improve-
ments, to wit: improvements and extensions to the City's Waterworks System; to be issued ,
in accordance with and in the manner provided in Article 1111 et seq., V.A.T.C.S., and
secured by a pledge of the net revenues from the operation of the City's combined
Waterworks and Sanitary Sewer System, each bond to be conditioned that the holder thereof
shall never have the right to demand payment of said obligation out of funds raised or to
be raised by taxation ?"
PROPOSITION NUMBER 2
"SHALL the City Council of the City of Nederland, Texas, be authorized to issue
$7,050,000 general obligation bonds of said City for the purpose of making permanent public
improvements, to wit: street improvements, including drainage and sidewalk improvements
incident thereto; said bonds tobe issued in one or more installments, to mature serially
over a period of years not to exceed FORTY (40) years from their date, to be issued
and sold at any price or prices and to bear interest at any rate or rates as shall be
determined within the discretion of the City Council at the time of issuance; and shall
there be levied, assessed and collected annually ad valorem taxes on all taxable property
in the City sufficient to pay the annual interest and to create a sinking fund sufficient
to redeem said bonds as they become due ?"
PROPOSITION NUMBER 3
"SHALL the City Council of the City of Nederland, Texas, be authorized to issue
$1,100,000 general obligation bonds of said City for the purpose of making permanent
public improvements, to wit: park improvements; said bonds to be issued in one or more
installments, to mature serially over a period of years not to exceed FORTY (40) years '
from their date, to be issued and sold at any price or prices and to bear interest at
any rate or rates as shall be determined within the discretion of the City Council at the
time of issuance; and shall there be levied, assessed and collected annually ad valorem
taxes on all taxable property in the City sufficient to pay the annual interest and to
create a sinking fund sufficient to redeem said bonds as they become due ?"
Minutes Continued, November 15, 1977 1 1 1
PROPOSITION NUMBER 4
"SHALL the City Council of the City of Nederland, Texas, be authorized to issue
$130,000 general obligation bonds of said City for the purpose of making permanent
public improvements, to wit: expansion of library facilities; said bonds to be
issued in one or more installments, to mature serially over a period of years not to
exceed FORTY (40) years from their date to be issued and sold at any price or prices
and to bear interest at any rate or rates as shall be determined within the discretion
of the City Council at the time of issuance; and shall there be levied, assessed and
collected annually ad valorem taxes on all taxable property in the City sufficient to
pay the annual interest and to create a sinking fund sufficient to redeem said bonds
as they become due ?"
SECTION 2: Than an electronic voting system shall be used for the bond election
herein ordered and for absentee voting and each voter shall record his vote by
punching a ballot card which is to be counted by data processing machines.
Ballot cards and Ballot labels shall be prepared in accordance with the applicable
provisions of the Election Code so the voters may cast their ballots either "FOR" or
"AGAINST" the aforesaid propositions, which shall be set forth on the ballot in
substantially the following form:
PROPOSITION NUMBER 1
"THE ISSUANCE OF $1,450,000 REVENUE BONDS FOR
WATERWORKS IMPROVEMENTS AND EXTENSIONS"
PROPOSITION NUMBER 2
"THE ISSUANCE OF $7,050,000 GENERAL OBLIGATION
STREET IMPROVEMENT BONDS"
PROPOSITION NUMBER 3
"THE ISSUANCE OF $1,100,000 GENERAL OBLIGATION
PARK IMPROVEMENT BONDS"
PROPOSITION NUMBER 4
"THE ISSUANCE OF $130,000 GENERAL OBLIGATION
LIBRARY EXPANSION BONDS"
The word "FOR" and beneath it the word "AGAINST" shall be made to appear to the
right of each proposition. A number shall be assigned and appear adjacent to the word
"FOR" and a number shall be assigned and appear adjacent to the word "AGAINST ". Each
of these numbers shall be similar and correspond to numbers on the ballot card. Each
elector shall place a punch hole in the space provided beside the statement indicating
the way he or she wishes to vote by punching the respective number out of the ballot
card.
SECTION 3: That the entire City of Nederland, Texas, shall constitute one election
precinct for this election and the Fire Station, 1400 Boston Avenue, in said City is
hereby designated as the polling place.
' On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M.
SECTION 4: That the following named persons are hereby appointed officers of the
election:
1 �
Minutes Continued, November 15, 1.977
Fern Shannon Presiding Judge
Luetta W. Powell Alternate Presiding Judge
The Presiding Judge shall appoint not less than two (2) nor more than six (6)
qualified clerks to serve and assist in holding said election; provided that if the
Presiding Judge herein appointed actually serves, the Alternate Presiding Judge
shall be one of the clerks.
Absentee voting shall be conducted at the City Secretary's Office in the City
Hall, in accordance with the provisions of V.A.T.S., Election Code, Chapter 5.
That the Central Counting Station for the tabulation and counting of ballots
for said election shall be located at the Jefferson County Voting Machines Warehouse
2748 Viterbo Road, Nederland, Texas, and the following persons are hereby appointed
and designated as officers of the election at the Central Counting Station by this
governing body:
Presiding Judge:
Assistant Judge:
Programmer:
Alta Fletcher
J. B. McKinney
Raymond McInnis
The Manager of the Central Counting Station and the Presiding Judge of such
station shall (1) appoint clerks to serve at the Central Counting Station, as provided
by Chapter 7 of the Election Code, and (2) prepare, together with the Presiding Judge
and Programmer, materials for the accuracy test of the automatic tabulating equipment.
SECTION 5: That all resident qualified electors of the City shall be permitted
to vote at said election. This election shall be held and conducted in accordance
with the Texas Election Code except as modified by Chapter 1 of Title 22, V.A.T.C.S.,
and as may be required by law, all election materials and proceedings shall be
printed in both English and Spanish.
SECTION 6: That a substantial copy of this ordinance shall serve as proper
notice of said election. Said notice shall be posted in the election precinct
and at the City Hall no less than fourteen (14) full days prior to the date on
which said election is to be held, and be published on the same day in each of
two successive weeks in a newspaper of general circulation in said City, the first
of said publications to be made not less than fourteen (14) full days prior to
the date set for said election.
SECTION 7: That this ordinance shall be effective from and after its passage
and it is so ordained.
PASSED AND APPROVED, this the 15th day of November, 1977.
S /H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST
ALTA FLETCHER
City Secretary, City of Nederland, Texas
(City Seal)
1
1
1
Minutes Continued, November 15, 1977
The meeting was adjourned at 6 :45 P. M.
H. E. Nagel, Mktor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
11
113
114
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
November 22, 1977
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam
Gillespie. Mr. R. D. Sawyer was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of November 15, 1977 as written. All Voted Aye.
Applications were submitted for permits under Ordinance No. 70 for on premises con-
sumption of alcoholic beverages from: Airport Towers Restaurant, 200 Mem. Hwy. 69;
American Legion Post 493, 922 Nederland Avenue; The Brisket Room, 2204 Highway 365;
Cajun Bar -B -Q, 808 S -Twin City Highway; Irene's Lounge, 147 Twin City Hwy.; Italian
Restaurant, 3603 Nederland Avenue; Ken's Pizza Parlor, 2750 Nederland Avenue; La
Fiesta Restaurant, 535 N. Twin City Hwy.; Nederland Club, 323 Twin City Hwy.; Pizza
Inn, 3520 Nederland Avenue; The Schooner Restaurant, 1508 S -38th Street.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept applications
as submitted for permits under Ordinance No. 70 for on premises consumption of alco-
holic beverages and to refer them to the City Manager and Chief of Police for review
and recommendation. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment to I
Winter King and Son Contractors, Estimate No. 6, in the amount of $35,478.00 for
progress on the Police Station /Courtroom project. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize participation
in the erection and removal of Christmas lights along Nederland streets with Nederland
Chamber of Commerce to one -half of the cost, $500.00. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to adopt the following
Amendment to Ordinance No. 147 which provides for a meal for employees working in
excess of ten (10) hours in any one day. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 147
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 IX
CLASSIFICATION AND WAGES
Section 6 ,
An employee required by his /her supervisor to work more than two (2) hours fol-
lowing his regular scheduled hours shall receive $3.50 to buy a meal in addition to
overtime pay. The employee will be reimbursed at the regular pay period following
115
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
Discussion items were as follows:
1. Ponding along GSUROW.between Detroit and Elgin.
2. Scheduling of Public Hearing on Bond Program, Special Meeting, December 6, 1977.
3. Asphalt walkway along 27th Street toward Masonic Lodge from C. 0. Wilson Junior High.
4. News release concerning Thanksgiving holiday.
5. Several appointments to be made in December.
6. Request for concellation from Pear Ridge in Mid - County Dispatch Operation.
7. Rainfall amounting to 3.6411, November 21, 1977.
8. Cleaning of catch basins.
9. Youth in Government Day scheduled for December 13, 1977.
10. Housing Community Development Grant - Small Cities Program.
11. Request from Library for copy machine being studied.
12. Quotations on junk for sale - Employees Appreciation Banquet.
13. Dump truck wreck - Marcus Dorsey employment terminated.
14. Status of Brooks Amendment.
15. Nederland Avenue construction - February letting with March construction.
16. Capital Improvement Program - 14th and 21st.
17. Appraisal of property recently annexed.
18. Fire Chief's Assocation, Bosses Night, December 5, 1977.
19. Football Game, December 4, 1977.
The meeting was adjourned at 7:40 P. M.
H. E. Nagel, Ma or
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued, November
22, 1977
the overtime. An employee
scheduled
to work 12 hours and required by his /her super-
visor to work more than ten
(10) hours shall receive $3.50 meal allowance.
This amendment to Ordinance No.
147 shall be effective immediately.
PASSED AND APPROVED by
the City
Council, at a regular meeting, this the 22nd day
of November, A. D., 1977.
H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
Discussion items were as follows:
1. Ponding along GSUROW.between Detroit and Elgin.
2. Scheduling of Public Hearing on Bond Program, Special Meeting, December 6, 1977.
3. Asphalt walkway along 27th Street toward Masonic Lodge from C. 0. Wilson Junior High.
4. News release concerning Thanksgiving holiday.
5. Several appointments to be made in December.
6. Request for concellation from Pear Ridge in Mid - County Dispatch Operation.
7. Rainfall amounting to 3.6411, November 21, 1977.
8. Cleaning of catch basins.
9. Youth in Government Day scheduled for December 13, 1977.
10. Housing Community Development Grant - Small Cities Program.
11. Request from Library for copy machine being studied.
12. Quotations on junk for sale - Employees Appreciation Banquet.
13. Dump truck wreck - Marcus Dorsey employment terminated.
14. Status of Brooks Amendment.
15. Nederland Avenue construction - February letting with March construction.
16. Capital Improvement Program - 14th and 21st.
17. Appraisal of property recently annexed.
18. Fire Chief's Assocation, Bosses Night, December 5, 1977.
19. Football Game, December 4, 1977.
The meeting was adjourned at 7:40 P. M.
H. E. Nagel, Ma or
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
116
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
December 6, 1977 '
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel and Mr.
R. A. Nugent. Mr. Sam Gillespie was absent.
A Public Hearing was conducted for the purpose of discussing matters incident and
relating to the Bond Program and Election scheduled for December 10, 1977. Approxi-
mately 12 citizens were present to participate in a discussion of the bond program
and to ask several questions.
Discussion items were as follows:
1. Thefts at the warehouse.
2. Burglar alarm system for the warehouse and landfill.
The meeting was adjourned at 8 :30 P. M.
�f G
'H. E. Nagel, YAyor
City of Nederland, Texas I
ATTEST:
Alta Fletcher, City Secretary
1
1
1
I�
1.17
MINUTES PERTAINING TO PASSAGE AND ADOPTION
OF ORDINANCE CANVASSING RETURNS AND
DECLARING RESULT OF BOND ELECTION
HELD DECEMBER 10, 1977
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND
ON THIS, the 13 day of December, 1977, the City Council of the City of Nederland,
Texas, convened in Special session at the regular meeting place thereof in the City
Hall, the meeting being open to the public and notice of said meeting, giving the date,
hour, place and subject thereof, having been given as prescribed by Article 6252 -17,
Section 3A, V.A.T.C.S. given as prescribed by Article 6252 -179 Section 3A, V.A.T.C.S.
the following members being present and in attendance, to wit:
HOMER E. NAGEL MAYOR
CARL LEBLANC
E. T. GILLESPIE COUNCILMEN
R. 0. SAWYER
and with the following absent: R. A. NUGENT ,
constituting a quorum; and among other business considered at said meeting, an ordi-
nance was submitted to the City Council for adoption and passage, such ordinance being
entitled as follows:
ORDINANCE NO. 306
"ORDINANCE CANVASSING RETURNS AND DECLARING RESULT
OF BOND ELECTION HELD DECEMBER 10, 1977 AND PROVIDING
AN EFFECTIVE DATE"
The ordinance was read in full. Thereupon, Mayor Nagel moved it adoption,
and the motion was seconded by Councilman Gillespie. The motion carrying with it
the adoption of the ordinance prevailed by the following vote:
AYES: Mayor Nagel and Councilmen LeBlanc, Gillespie and Sawyer.
NOES: None.
The Presiding Officer announced that the ordinance had been passed and adopted.
MINUTES APPROVED, this the 13 day of December, 1977.
1�` iGl&'
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland,
Texas
1
f]
11.9
SPECIAL MEETING OF THE CITY COUNCIL OF THE
' CITY OF NEDERLAND
December 13, 1977
The meeting was called to order at 6 :90 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel and Mr.
Sam Gillespie. Mr. R. A. Nugent was absent.
A motion was made by Mayor Nagel and seconded by Mr. Gillespie to accept the returns
of the December 10 Election as presented by Mrs. Fern Shannon, Election Judge, to
authorize payment of the election officials in the amount of $230.00, and to adopt
Ordinance No. 306 as follows. All Voted Aye.
ORDINANCE NO. 306
ORDINANCE CANVASSING RETURNS AND DECLARING RESULT OF BOND
ELECTION HELD DECEMBER 10, 1977 AND PROVIDING AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND
WHEREAS, this governing body ordained that an election be held within this
City on the 10th day of December, 1977, for the purpose of submitted certain propo-
sitions for the issuance of bonds to the resident electors of the City; and
WHEREAS, it is hereby found and determined that said election was held in
accordance with the authorizing proceedings, that notice of the election was duly
given in the form, manner, and time required by law, and that said election was in
all respects legally held and conducted in accordance with the laws of the State
of Texas applicable thereto; and
WHEREAS, the returns of the said election have been made to this governing
body and said returns, duly and legally made, show the following votes were cast on
the propositions submitted at said election, to wit:
PROPOSITION NUMBER 1
"THE ISSUANCE OF $1,450,000 REVENUE BONDS FOR
WATERWORKS IMPROVEMENTS AND EXTENSIONS"
"FOR" 526
"AGAINST" 229
"TOTAL VOTES CAST" 755
PROPOSITION NUMBER 2
"THE ISSUANCE OF $7,050,000 GENERAL OBLIGATION
STREET IMPROVEMENT BONDS"
"FOR" 511
"AGAINST" 241
TOTAL VOTES CAST 752
1120
Minutes Continued, December 13, 1977
PROPOSITION NUMBER 3
"THE ISSUANCE OF $1,100,000 GENERAL OBLIGATION
'
PARK IMPROVEMENT BONDS"
"FOR"
399
"AGAINST"
341
TOTAL VOTES CAST
740
PROPOSITION NUMBER 4
"THE ISSUANCE OF $130,000 GENERAL OBLIGATION
LIBRARY EXPANSION BONDS"
"FOR"
446
"AGAINST"
301
TOTAL VOTES CAST
747
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1: That all of the recitals contained in the preamble of this
ordinance are found to be true and are adopted as
findings of fact of this governing
body and as part of its judgment.
SECTION 2: That it is further found and determined that the results of
the election as canvassed and tabulated.in.,the preamble hereof reflect the expressed
desires of those persons voting at said election. '
SECTION 3: _ That a majority of the electors voting at said election having
voted in favor of propositions numbered 1,20, and 4, this governing body is hereby
declared to be authorized and empowered to issue the bonds on behalf of the City in
the amounts and for the purposes mentioned in propositions numbered 1, 2, 3 and 4 as
set forth in the proceedings calling the election with respect to said propositions.
SECTION 4: That this ordinance shall be effective from and after its
passage,and it is so ordained.
PASSED AND APPROVED, this the 13 day of December, 1977.
H. E. NAGEL
MAYOR, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
The meeting was adjourned at 6 :15 P. M. �[ /
H- VNagel, May r '
ATTEST: City of Nederland, Texas
Alta Fletcher, City of Nederland
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
December 13, 1977
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, Mr. H. E. Nagel,
Mr. R. A. Nugent, and Mr. Sam Gillespie.
Youth in Government Day Proclamation was read. David Barras and Sam Wigginton
were students that were present.
OFFICE OF THE MAYOR
PROCLAMATION
I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of
Nederland, Texas do hereby
PROCLAIM
Tuesday, December 13, 1977
"EVENING OPTIMIST'S CLUB -YOUTH IN GOVERNMENT DAY"
in the City of Nederland, Texas, and urge each and every Citizen of our City to
support, encourage and recognize our youth in participating in our Democratic self
' governmental system of the City of Nederland, State of Texas and United States of
America.
In testimony whereof, witness my hand and Seal of the City of Nederland this the 13th
day of December, A. D. 1977.
ATTEST:
ALTA FLETCHER
City Secretary
HOMER E. NAGEL
Mayor
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of November 22, 1977 as written. All Voted Aye.
A Public Hearing was conducted for the purpose of considering adoption of an Amendment
of Zoning Ordinance No. 146 providing for zoning of the 40 acre tract adjacent to and
north of Canal Street to residential; and, rezoning from residential to semi -
residential and parking district a tract of land between the commercial zone
adjacent to Highway 365 and the most southerly boundary of C. Doornbos Park and
situated approximately 650 feet northeast of 27th Street (5.7 acres). No
opposition made known.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following
Amendment to Zoning Ordinance No. 146. All Voted Aye.
' AN AMENDMENT TO ORDINANCE NO. 146
AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES
IN ZONING DESIGNATIONS AND PROVIDING AN EFFECTIVE DATE.
Minutes Continued, December 13, 1977
SECTION 2
GENERAL:
1. There shall be a change from Residential to
District of a tract of land located between Highway
Park particularly described as follows:
Semi - Residential and Parking
365 and the C. Doornbos Heritage 176
Beginning at a point which is the common corner of Lots 2, 3, 6, and
7, Block 14, Range H, P.A.L.C.O. Survey, then in a Southwesterly direction
along the common property line between Lots 3 and 6 for a distance of
660', then in a Southeasterly direction along the common property line
between Lots 3 and 4 for a distance of 375', then in a Northeasterly
direction and parallel to and 375' from the first side for a distance
of 660', then in a Northwesterly direction along the common property
line between Lots 2 and 3 for a distance of 375' to the point of
beginning. This tract of land is more so defined as being the North
(Northwestern) 375' of Lot 3, Block 14, Range "H ", P.A.L.C.O. Survey,
Nederland, Texas.
The following described property shall be zoned Residential:
BEGINNING at a point located in the present city limits of the City of
Nederland, Jefferson County, Texas, said beginning point also being
situated on the most Southerly boundary line of Canal Avenue at a
common line of Lot (7) Seven, Block (17) Seventeen, Range G, Port
Arthur Land Company Survey and Lot (6) Six, Block (17) Seventeen, Range
G, Port Arthur Land Company Survey, Jefferson County, Texas:
THENCE, North 48047' West a distance of 1360 feet to the Northwest
corner of Lot (2) Two, Block (18) Eighteen, Range G of the Port Arthur
Land Company Subdivision of Jefferson County, Texas, a point for corner;
THENCE, North 41013' East along the common line of Lot (2) Two, Lot
(7) Seven, Lot (8) Eight, Lot (1) One, Block (18) Eighteen, Range G a
distance of 1320 feet to the Northeast corner of Lot (1) One, Block (18)
Eighteen, Range G, also being the Southeast corner of Lot (8) Eight,
Block (18) Eighteen, Range G of the Port Arthur Land Company Subdivision,
a point for corner;
THENCE, South 48047' East along the common line of Lot (1) One, Block
(18) Eighteen, Range G and Lot (4) Four, Block (18) Eighteen, Range F,
Port Arthur Land Company Subdivision, a distance of 1360 feet to a point
for corner, said point being situated on the most Southerly boundary line
of Canal Avenue at a common line of Lot (8) Eight, Block(17) Seventeen,
Range G, and Lot (5) Five, Range "F ", Block (17) Seventeen of the Port
Arthur Land Company, Texas;
THENCE, South 41013' West crossing a common line of Lot (7) Seven and Lot
(8) Eight, Block (17) Seventeen, Range G of the Port Arthur Land Company
Subdivision at 660 feet, and continuing a total distance of 1320 feet to
the place of beginning of herein described tract of land being a part of
Lots (7) Seven and (8) Eight, Block (17) Seventeen, Range G, and Lots (1)
One and (2) Two, Block (18) Eighteen, Range G of the Port Arthur Land Company,
Jefferson County, Texas and containing 41.21 acres.
1
1
1
Minutes Continued, December 13, 1977
SECTION 17
IWHEN EFFECTIVE:
This Amendment shall be effective from and after its passage and publication
as required by law.
PASSED, ADOPTED AND APPROVED THIS 13th day of December , A. D., 1977
ATTEST: H. E. NAGEL
H. E. Nagel
ALTA FLETCHER Mayor
Alta Fletcher City of Nederland, Texas
City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson
City Attorney
City of Nederland, Texas
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table the final
estimate to Modern Steel Buildings, Inc, for the Service Center prefabricated steel
' building and appurtences Job No. 377 -15 in the amount of $9,924.10 until the next
regular meeting to allow time for additional inspection and recommendation. All
Voted Aye.
No action was taken on the Executive Session with City Attorney concerning the litigation.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the
employment of Dumas, Huguenin, Boothman & Morris as Bond Attorneys to advise City
Attorney, W. Everett Sanderson, on those propositions approved at the election
conducted Saturday, December, 1977 for issuances of first $3,000,000.00. All Voted
Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve setting the
priorities for engineering and /or architects for design of projects included in
propositions approved at the December 10 election as submitted. All Voted Aye.
CITY OF NEDERLAND
DESIGN PRIORITY LIST
$3,000,000 General Obligation Bond (First issue of 9.53 Million)
Streets, Drainage, and Sidewalks
' 1. 27th Street from Helena south to Nederland Avenue
2. 3rd Street and 10th Street from Boston Avenue to Nederland Avenue; South 6th
Avenue H to Main B Ditch
3. 18th Street from Helena to Canal Avenue
4. Right of way acquisition (only) along Nederland Avenue at 21st Street and at
14th Street to provide for a "left turn" lane; right of way acquisition along
27th Street from Nederland Avenue to Hwy 365 and miscellaneous other locations
±, c
�i
Minutes Continued, December 13, 1.977
5. Drainage (only) projects per list: along 1st Street and FM 366 from Atlanta to Pure
Oil Ditch; along 2nd Street and Avenue E to Main B Canal; along Detroit
Avenue and 11th from Boston to Detroit to 9th Street; along 14th Street
,
from Marshal to Navasota; along Ithaca, Jackson and Kent Avenues from GSU
right of way to 14th Street; along South 15th Street from Main B to Avenue J
and Avenue J to 14th Street; along South 16th Street from Avenue N to FM 365
and on FM Hwy 200'; along 20th Street toward Canal and Helena; along Hill Terrace
Drive from Hill Dale Drive to Hwy 365; along Park Drive from 36th Street to
U.S. Hwy 69; and along Hardy Avenue and 32nd Street from Main C to Avenue A
(also Hardy Avenue from Main. C to Avenue B)
Park Improvements
6. Matching funds for pool, deck, fencing, bath house, tennis courts, handball,
parking, walks, drives; and design of recreation center
Library Expansion
7. Design of building and facilities
Water System Improvements (Revenue Bonds)
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the
preparation of an appraisal of the Union Oil Company approximately 40 acre tract
adjacent to Canal Street by Herman Blanton S.R.A. at a cost of $250.00. All Voted
Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve providing
labor and equipment to construct a walkway with materials provided by Nederland
Independent School District along 27th Street and C. O. Wilson Junior High property
to the most northerly boundary of the school property near Nashville Avenue. All
Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve an agreement
with the State of Texas Parks and Wildlife Department, Project No. 48 -00554 providing
for a matching fund grant in the amount of $201,280.00 for further development
of C. Doornbos Park. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the
attendance and expenses of Mr. W. D. Winfrey, Water Plant Foreman, to a Unit 4
Management School being conducted at Texas A & M at. City of Port Arthur Operations
Center, December 13 -15, 1977. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the Proclamation
providing for Jefferson County Airport Day Monday, January 9, 1978. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve granting the
final approval and payment of Estimate No. 7 to Golden Triangle Constructors, Inc.
for paving and appurtences in Clayton Addition under the Community Development
Block Grant program in the amount of $26,037.28; and change order number 2 adding
$5,363.47 to the contract. All Voted Aye. I
Minutes Continued, December 13, 1977
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the payment
of bills for the month of November, 1977.
Discussion items were as follows:
1. Used car lot on Residential lot #347 and Avenue M - -cars on street and ditch.
2. Commendation for a job well done in connection with Bond Issue.
3. Letter from Mr. Sanderson that all Nederland Avenue deeds are recorded.
4. Minor change -- driveway change at police station -- change order.
5. Meeting of 23rd: Executive Communication Mid - County League calling an
election Alcoholic beverage.
6. Landfill -Lease from Sun Oil.
7. Dump looks real good.
8. Holding cells at police station.
The meeting adjourned at 9:05 P.M.
Nagel, May*r —�
City of Nederland, Texas
ATTEST:
' Alta Fletcher, City of Nederland
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDE:RLAND
Airport Towers Restaurant, 200 Mem. Hwy. 69; American Legion Post 493, 922
Nederland Avenue; The Brisket Room, 2204 Highway 365; Cajun Bar -B -Q, 808
South Twin City Highway; Irene's Lounge, 147 Twin City Highway; Italian
Restaurant, 3603 Nederland Avenue; Ken's Pizza Parlor, 2750 Nederland Avenue;
La Fiesta Restaurant, 535 North Twin City Highway; Nederland Club, 323 Twin
City Highway; Pizza Inn, 3520 Nederland Avenue; and The Schooner Restaurant,
1508 South 38th Street. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of final
estimate to Modern Steel Buildings for Service Center addition in the amount of $9,924.10.
All voted Aye.
Presentation was made by Mr. Neushafer of Neushafer and Browning Certified Public '
Accountants on the annual audit they just completed for the City of Nederland.
A motion was made by Mr. Nagel-and seconded by Mr. Sawyer to authorize payment to
Neushafer and Browning for the audit and to authorize publication of statement in
accordance with Section 15.03 of the City Charter. All voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Amendment to
Ordinance No. 164 setting dates for regular Council Meetings through April 4, 1978. All
voted Aye.
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING TO BE HELD FROM JANUARY 1,
1978, THROUGH APRIL 4, 1978.
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 10, 24
February 14,28 '
March 14, 28
April 4
Any and all ordinances of the City of Nederland, Texas, which conflict with any of the
provisions of this amendment are hereby expressly repealed.
December 27, 1977
The meeting was called to
order at 6:30 p.m.
by Mayor H. E. Nagel.
Members present were Mr.
R. D. Sawyer, Mr. C.
N. LeBlanc, Mr. R. A. Nugent, Mr. E. T.
Gillespie, Jr., and Mr.
H. E. Nagel.
A motion was made by Mr.
LeBlanc and seconded
by Mr. Nagel to approve the Minutes of
the previous meeting of
December 13, 1977, as
written. All voted Aye.
A motion was made by Mr.
LeBlanc and seconded
by Mr. Nugent to approve permits for "on
premises" consumption of
alcoholic beverages
in accordance with Ordinance No. 70 as
follows:
Airport Towers Restaurant, 200 Mem. Hwy. 69; American Legion Post 493, 922
Nederland Avenue; The Brisket Room, 2204 Highway 365; Cajun Bar -B -Q, 808
South Twin City Highway; Irene's Lounge, 147 Twin City Highway; Italian
Restaurant, 3603 Nederland Avenue; Ken's Pizza Parlor, 2750 Nederland Avenue;
La Fiesta Restaurant, 535 North Twin City Highway; Nederland Club, 323 Twin
City Highway; Pizza Inn, 3520 Nederland Avenue; and The Schooner Restaurant,
1508 South 38th Street. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve payment of final
estimate to Modern Steel Buildings for Service Center addition in the amount of $9,924.10.
All voted Aye.
Presentation was made by Mr. Neushafer of Neushafer and Browning Certified Public '
Accountants on the annual audit they just completed for the City of Nederland.
A motion was made by Mr. Nagel-and seconded by Mr. Sawyer to authorize payment to
Neushafer and Browning for the audit and to authorize publication of statement in
accordance with Section 15.03 of the City Charter. All voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Amendment to
Ordinance No. 164 setting dates for regular Council Meetings through April 4, 1978. All
voted Aye.
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING TO BE HELD FROM JANUARY 1,
1978, THROUGH APRIL 4, 1978.
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 10, 24
February 14,28 '
March 14, 28
April 4
Any and all ordinances of the City of Nederland, Texas, which conflict with any of the
provisions of this amendment are hereby expressly repealed.
Minutes Continued, December 27, 1977 1()`
PASSED AND APPROVED by the City Council at a regular meeting, this the 27th
day of December, 1977.
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
ATTEST: City of Nederland, Texas
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
City of Nederland, Texas
A presentation was made by Mr. Tom Arrington, Lamar University Office of Traffic Safety,
on the Texas Traffic Safety Program Contract with the State Department of Highways and
Public Transportation.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve the Texas
Traffic Safety Program Contract with the State Department of Highways and Public
Transportation for reimbursement in the amount of $7,320.15 toward implementing
requirements of the Texas Manual on Uniform Traffic Control Devices for Streets and
Highways which will cost an estimated $107,487.00 total. All voted Aye.
1
129
Minutes Continued, December 27, 1977
_ TEXAS TRAFFIC SAFI =TY PROGRAM CONTRACT
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
OFFICE OF TRAFFIC SAFETY/r_Y�`
NAIIOY. AI
16 1 3 sTaNnsR° - .�.. -- - - - - - ---•• - -
•'4JJ!.CI
� .'. VAL
TRAFFIC SIGN REPLACEMENT PROGRAM /NEDERLAND
BINI(F DI SCRIPIION OF PROJECT (TOR DETAILS. SEE SIAICMCNT OF WORK)
This contract will enable the City of Nederland to work toward placing all warning
and regulatory signs in compliance with the Texas Manual on Uniform Traffic Control
Devices for Streets and Highways. Eleven tasks are involved and shown on Attachment 1
of this contract.
GOA,S
To bring regulatory and warning signs
into compliance with Federal and State
METHOD OF EVALUATION IF DETA• SEE STATEMENT OF WORK)
ILS
FHWA on -site inspection
. s.tanda`rds
COST CAI(GORY
AMOUNT
FUNDING PERIOD
AMOUNT
AMOUNT
PERSONAL SERVICES
-
...
$7 320.15
kCONTRACT SERVICES
OCT. -DEC. ........
rFEDERAL
.. .
\
�COM.!4ODITIES......
JAN: FAAR. ........
$2,440.05
I OTHER DIRE=CT COST
$7,320.15
APR.-JUN . ........
2 , 440.05
! INDIRECT COST..
`PI?OFIT ........
JUL.- SEP..........
2,440.05
-
LOCAL ... . ........ .
-
..'
TOTAL
$7,320.15
TOTAL
$7,320.15
TOTAL -
$7,320.15
! TYPE OF REIMBURSEMENT -
LUMP SUM -
BASIS OF REIMBURSEMENT (FOR "ACTUAL
COST" CONTRACTS ONLY)
OTS WILL REIMBURSE THE CONTRACTOR
REIMBURSEMENT LIMITS
1. MAXIMUM AMOUNT ELIGIBLE FOR
REIMBURSEMENT S 7 , 320.15 -
^a
1 1
LJ COST PER UNIT OF WORK
III aELIGIBLE
COST PLUS FIXED FEE
❑ AN AI:.OUNT EOUAL'TO -% OF ALL
COSTS.
2. NO COST CATEGORY MAY BE EXCEEDED
BY MORE THAN 5%
3. ONLY THOSE COSTS INCURRED DURING
SPECIFIC RATES
OTS WILL REIMBURSE THE CONTRACTOR
a AN AMOUNT EQUAL TO 100 % OF ALL
THE FOLLOWING PERIOD SHALL BE
ELIGIBLE FOR REIMBURSEMENT.
a ACTUAL COST
ELIGIBLE COSTS IN THE CATEGORIES IDENTIFIED
3/1/78 T09/30/78
FOR DETAILS, SEE STATEMENT OF WORK
IN THE STATEMENT OF WORK.
4. THE CONTRACTOR MUST BEAR ALL COSTS
NOT ELIGIBLE FOR REIMBURSEMENT
THIS CONTRACT INCLUDES 6 ATTACHMENTS
. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AND /OR REQUIREMENTS OF THIS CONTRACT, THE INCONSISTENCY OR
CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH, ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT
APPEARS, USING THE FOLLOWING ORDER: _
/. CONTRACT (THIS FORM) '
2. STATEMENT OF WORK (ATTACHMENT 1)
3. (:F /!FRLI PAAVISInNS lATTAr HMI'NT 21 '
1
4. SPECIAL PROVISIONS (ATTACHMENT 3)
S. OTHER
• FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS
• THIS CONTRACT MAY BE AMENDED ONLY BY "CONTRACT CHANGE NOTICES" EXECUTED IN ACCORDANCE WITH OTS POLICY
THE CONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON THIS PROJECT, DURING THE PER CITED ABOVE, SUBJECT TO THE TERMS AND
/Tq6
CONDITIONS OF THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS 1
AND REGULJ�TIpN&
SIGNATURE OF PERSON AUTHORIZED TO COMMIT OTS L-SR', TORE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR
. B 'Henson, City Manager
TITLE TITLE
P. 0. Box 967, Nederland, Texas - —
1
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1
Minutes Continued, December 27, 1977
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
t
reli 2 � , cry
REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS
I. CONTINGENT FEE: (check appropriate boxes)
The contractor represents (a) that it fJ has, 93 has not, employed or retained any company or person (other
than a full -time bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) that it
0 hasAl nas not, paid or agreed to pay any company or person (other than a full -lime bona fide employee
working solely for the contractor) any fee, commission, percentage, or brokerage fee contingent upon or result-
ing from the award of this contract; and agrees to furnish information relating to (a) and (b) interpretation of the
representation, including the term "bona fide employee ", see Code of Federal Regulations, Title 41, Chapter 1,
Subpart 1 -1.5.)
II. EOUAL OPPORTUNITY: (check appropriate boxes)
The contractor represents that it A has, ❑ has not, participated in a previous contractor subcontract subject
either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive
Order 10925, or the clause contained in Section 201 of Executive Order No. 1 11 14; that it [A has, 0 has not,
filed all required compliance reports; and that representations, indicating submission of required compliance
reports, signed by proposed subcontractors, will be. obtained prior to subcontract awards.
lit. AFFIRMATIVE ACTION PROGRAM: (check appropriate box)
The contractor represents that (1) RD has developed and has on file L- has not developed and does not have
on file at each establishment affirmative action programs as required by the rules and regulations of the Secre-
tary of Labor (41 CFR 60 -1 and 60 -2), or (2) it 11 has not previously had contracts subject to the written affirm-
ative action program requirement of the rules and regulations of the Secretary of Labor,
IV. CERTIFICATION OF NONSEGREGATED FACILITIES:
The contractor certifies That it does not maintain or provide for employees' facilities which are segregated on the
basis of race, color, religion. sex or national origin, whether such facilities are segregated by directive or on a de
facto basis. The offeror further agrees that he will not maintain such segregated facilities.
V. The contract recipient agrees as a necessary condition for reimbursement of costs, to prepare monthly and /or
quarterly progress reports in a timely manner, and in accordance with instructions furnished by the Texas
Office of Traffic Safety.
VI. CLEAN AIR ACT COMPLIANCE:
For all Contracts in excess of S100,000. the recipient agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to OTS and the Regional
Office of the Environmental Protection Agency.
VU. PRINCIPAL PLACE OF PERFORMANCE:
The location of the plant or place of business where the item(s) will be produced or the principal services will
be performed under the contract is:
CITY NEDERLAND COUNTY JEFFERSON STATE TEXAS
VIII. ASSURANCE. The contract recipient hereby assures compliance with all terms, conditions and general and
special provisions for this contract, including attachments.
SI •MATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR CON RA TOWS PROJECT. ECTOR - - DATE
D.'B. Henson City Manager Jo n . Bamber
NAME /TITLE Tx.
P.O. Box-967, Nederland, Tx. P. . Box 967, Nederland,__
1'6U
Minutes Continued, December 27, 1977
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ATTACHMENT 1
STATEMENT OF WORKCm! —M `—f--1 El 111
INCI UDE Mil i SIONE SCHf DUI[ AND MI. 1HOD Of (VAI UA IInN
A. The contracting jurisdiction, the City of Nederland, in exchange for consideration
offered by the Texas Office of Traffic Safety, and in the interest of improving
traffic safety, hereby agrees to perform the following tasks:
1. Prepare an inventory, listing the location, type and condition of all existing
traffic signs within its jurisdiction.
2. Determine where new or replacement regulatory and warning signs are required
(a) to reduce potential hazards to the motorist within its jurisdiction, and
(b) to bring all regulatory and warning signs within its jurisdiction into
compliance with the Texas Manual on'Uniform Traffic Control Devices for
Streets and Highways, 1973 MUTCD published by the State Department of
highways and Public Transportation (SDHPT).
A traffic and engineering study should be performed to verify the need for each
regulatory and warning sign. The well- intended, but improper, and /or the
excessive use of regulatory and warning signs can create hazardous conditions for
the motoring public. Therefore, in the interest of the public safety and welfare,
the following criteria are established for signs to be purchased under this
contract:
(a) Each sign shall be determined to be necessary based on an engineering and
traffic safety study performed by a Registered Professional Engineer
(see VCS 3271a, Section 19) using contemporary engineering standards.
3. Insure that all proposed signs are properly authorized by local ordinances,
resolution, or other appropriate action. Regulatory signs shall be installed
only where such regulations are legal and enforceable (i.e., where such
regulations have been enacted by ordinance, or equivalent, in accordance with
state law). Signs purchased through this contract shall not be installed in
a position to control motorists driving on any street, road or highway which
is part of the Federal -aid System. Signs may be installed on highways
maintained by the State Department of Highways and Public Transportation if,
and only if, written approval has been granted by the District Engineer.
4. If the number, size and /or type of signs found to be needed differs from the
list shown in Section C of this Statement of Work, submit a revised list in
writing to OTS for approval. Upon approval of this list by OTS, a Contract
Change Notice (CCN) will be prepared authorizing purchase of the revised list
of signs.
5. Order regulatory and warning signs. All signs purchased must comply with
the requirements specified in Attachment 4. If the contracting jurisdiction
has a purchasing department which meets all requirements of General Provisions
XXX (see Attachment 2) and is capable of ensuring product quality, it may
purchase the signs (through advertised procurement) from the lowest qualified
bidder. Otherwise, all signs must be purchased from the Texas Department of
Corrections in order to ensure full compliance with applicable Federal
requirements.
6. Upon receipt of the signs, inspect them in accordance with the requirements of
Attachment 4. Assign inventory numbers to each sign and create a permanent
inventory list showing the sign number, type, date, time of installation,
location and final disposition (include date, if known, the sign is damaged,
destroyed, stolen, or removed).
7. Install the signs at the previously determined locations in accordance with
the requirements and standards of the MUTCD. All signs must be installed in
a workman -like manner and must meet the requirements of the MUTCD concerning
placement, height, offset, method of maintaining, etc.
1i
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1
J
Minutes Continued, December 27, 1977
CONTRACT NO._
TRAFFIC SIGN REPLACEMENT PROGRAM /NEDERLAND
B
C.
131
ATTACHMENT 1 CONTINUED
STATEMENT OF WORK
8. Complete the Inventory and Maintenance Agreement for Traffic Signs, Attachment 5.
9. Notify OTS when the signs have been correctly installed in accordance with the
MUTCD, the sign inventory is complete, the maintenance agreement has been signed,
and the contracting jurisdiction is fully prepared for the inspection described
in item #10 below.
10. Provide assistance to OTS and the Federal Highway Administration (FHWA) in
performing an on -site inspection of the signs. The inspection will include
(but not be limited to) verification that:
(a) all signs comply with the MUTCD.
(b) all signs have been properly installed in accordance with the MUTCD.
(c) all signs have been duly authorized by local ordinance (or equivalent).
(d) the sign inventory is complete and correct.
(e) the maintenance agreement has been signed.
11. Upon receipt of written notification from OTS that all inspected items are
satisfactory, submit a claim to OTS for the cost, using OTS Form PR -1 and PR -6
(see Attachment 6).
The Texas Office of Traffic Safety (OTS) shall:
1. Provide reasonable consultative assistance to the community in accomplishing
the tasks cited above.
2. Upon completion of tasks 1 through 11, above, reimburse the City of Nederland
for the full purchase cost of the signs, includin the cost of shipping (see
General Provisions XIII and XXVII in Attachment 2�.
List of authorized signs (Type II sheetinq unless otherwise specified):
MUTCD
SIGN LEGEND
(UANTITY
NO.
DESCRIPTION
SIZE
UNIT COST
TOTAL COST
230
R1 -IA
Stop
24
x 24
14.00
$3220.00
9
Rl -2A
Yield
30x30830
11.60
104.40
8
R1 -3
4 -Way
12
x 6
3.50
28.00
34
R2 -lA
Speed Limit ( )
18
x 24
10.75
365.50
1
R3 -2
No Left Turn
24
x 24
15.50
15.50
+24
x 18
10.75
10.75
1
R3 -4
No U -Turn
24
x 24
15.50
15.50
+24
x 18
10.75
10.75
2
R3 -7R
Right Lane Must
30
x 30
19.50
39.00
Turn Right
2
R5 -1
Do Not Enter
30
x 30
19.50
39.00
1
R5 -2
No Trucks
24
x 24
15.50
15.50
+24
x 18
10.75
10.75
1
R7 -1
No Parking
12
x 18
7.00
7.00
1
R7 -107
No Parking Bus Stop
12
x 18
7.00
7.00
61
R7 -202
This Side
12
x 18
7.00
427.00
2
R7 -203
Between Signs
12
x 18
7.00
14.00
19
R7 -204
Here to Corner
12
x 18
7.00
133.00
18
R7 -204
Corner to Here
12
x 18
7.00
126.00
7
R8 -1
No Parking on Pavement
24
x 30
15.50
108.50
1
Minutes Continued, December 27, 1977
CONTRACT
TRAFFIC SIGN REPLACEMENT PROGRAM /NEDERLAND
ATTACHMENT 1 CONTINUED
STATEMENT OF WORK
CONTRACT NO.
TRAFFIC SIGN REPLACEMENT PROGRAM /NEDERLAND
MILESTONE SCHEDULE
ATTACHMENT 1 CONTINUED
STATEMENT OF WORK
QTR 2 QTR 3 QTR 4
Project Commit X
Project Start X
Order Signs X
1Zeceive Signs X
Install Signs X
Inventory Signs X
FHVA Inspection X
Final Reimb Request X
Project Complete X
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of
Estimate No. 7 to Winter King and Son for Police Station /Court Room construction in
the amount of $32,964.97. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Ordinance
No. 307 providing for Local Flood Plain Management as required by the Department of
Housing and Urban Development, Federal Insurance Administration. All voted Aye.
1
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1
MUTCD
SIGN LEGEND
QUANTITY
DESCRIPTION
SI7_E
UNIT COST
TOTAL COST
4
_NO.
WI-4
Reverse Curve
30 x
30
19.50
V-78 JOO
4
X3 -lA
Stop Ahead
30 x
30
19.50
78.00
2
W5 -1
Pavement Narrows
36 x
36
27.00
54.00
19
W14 -11
Dead End
30 x
30
19.50
370.50
W14 -12
No Outlet
46
S1 -lA
School Advance
30 x
30
19.50
897.00
19
S2 -1A
School Crosswalk
30 x
30
19.50
370.50
25
-
School Speed Assembly
24 x
48
31.00
_ 775.00
516
$7320.15
CONTRACT NO.
TRAFFIC SIGN REPLACEMENT PROGRAM /NEDERLAND
MILESTONE SCHEDULE
ATTACHMENT 1 CONTINUED
STATEMENT OF WORK
QTR 2 QTR 3 QTR 4
Project Commit X
Project Start X
Order Signs X
1Zeceive Signs X
Install Signs X
Inventory Signs X
FHVA Inspection X
Final Reimb Request X
Project Complete X
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of
Estimate No. 7 to Winter King and Son for Police Station /Court Room construction in
the amount of $32,964.97. All voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Ordinance
No. 307 providing for Local Flood Plain Management as required by the Department of
Housing and Urban Development, Federal Insurance Administration. All voted Aye.
1
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1
Minutes Continued, December 27, 1977
ORDINANCE NO. 307
AN ORDINANCE PROVIDING FOR FLOOD DAMAGE PREVENTION; PROVIDING IN
ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND
OBJECTIVES; PROVIDING IN ARTICLE 2 DEFINITIONS; PROVIDING IN
ARTICLE 3 GENERAL PROVISIONS; PROVIDING IN ARTICLE 4 ADMINISTRATION;
PROVIDING IN ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING
IN ARTICLE 6 PENALTY, SAVINGS CLAUSE, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, PUBLICATION OF CAPTION ONLY,
AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has in Section 16315, of the Texas
Water Code delegated the responsibility to local governmental units to adopt regu-
lations designed to minimize flood losses; and
WHEREAS, the City of Nederland desires to adopt such regulations; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
That the City of Nederland adopt the regulations designed to minimize flood losses
under Section 16315 of The Texas Water Code.
SECTION B. FINDINGS OF FACT
1. Certain areas of the City of Nederland have been designated flood prone areas
and without base flood elevations determined as shown on the flood insurance
rate map. These areas are subject to periodic inundation which could result
in loss of life and property, health and safety hazards, disruption of com-
merce and governmental services, and extraordinary public expenditures for
flood protection and relief, all of which adversely affect the public health,
safety and general welfare.
2. These flood losses are created by the cumulative effect of obstructions in
flood plains which cause an increase in flood heights and velocities, and by
the occupancy of flood hazard areas by uses vulnerable to floods and hazard-
ous to other lands because they are inadequately elevated, floodproofed, or
otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health, safety and general
welfare and to minimize public and private losses in special flood hazard areas
within the City of Nederland with provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety, or property
in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including public facilities which
serve such uses, be protected against flood damages at the time of initial
construction.
3. Control, in the sense of providing authoritive guidance, the alteration of
natural flood plains, their protective barriers and stream channels;
0'' Minutes Continued, December 27, 1977
4. Prevent the construction of barriers which will divert flood waters and
subject other lands to greater flood hazards;
5. Control, in the sense of authoritative guidance, development which would ,
cause greater erosion or potential flood damage such as grading, dredging,
and excavation.
SECTION D. OBJECTIVES
The objectives of this Ordinance are to:
1. Protect human life and property exposed to the hazards of flooding;
2. Ensure that property owners and /or builders of developers are notified if
property is in a special flood hazard area; and is being substantially improved
or developed;
3. Minimize the need for rescue and relief efforts associated with flooding and
general undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone, and sewer lines, streets and bridges in special flood
hazard areas;
6. Minimize expenditures of public money for costly flood control projects;
7. Help maintain a stable tax base by providing for the sound use and development
of special flood hazard areas in such a manner as to minimize future flood
blight areas.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
APPEAL- -means a request for a review of the Building Official's interpretation of any
provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - -means a designated AO Zone on a community's Flood Insurance
Rate Map(FIRM) with base flood depths from one to three feet. This condition
occurs where a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD -- is the land in the flood plain within a community subject
to a one percent or greater chance of flooding in any given year.
BASE FLOOD- -means the flood having a one percent chance of being equaled or exceeded in
any given year.
DEVELOPMENT- -means any man -made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
Minutes Continued, December 27, 1977
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - -means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale
for which the construction of facilities for servicing the lot on which the
mobile home is to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete pads, and
the construction of streets) is completed before the effective date of this
ordinance.
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - -means the
preparation of additional sites by the construction of facilities for servicing
the lots on which the mobile homes are to be affixed (including the installation
of utilities, either final site grading or pouring of concrete pads, or the
construction of streets).
FLOOD OR FLOODING - -means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD BOUNDRAY MAP (FHBM)- -means an official map of a community issued by the
Federal Insurance Administration, where the areas within the boundaries of special
flood hazards have been designated as Zone A.
FLOOD INSURANCE RATE MAP (FIRM)- -means an official map of a community, on which the
Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - -is the official report provided by the Federal Insurance
Administration. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Flood Hazard Boundary - Floodway Map.
FLOODWAY - -means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
HABITABLE FLOOR - -means any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor
used for storage purposes only is not a "habitable floor ".
MEAN SEA LEVEL - -means the average height of the sea for all stages of the tide.
MOBILE HOME- -means a structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to be required utilities. It does not include
recreational vehicles or travel trailers.
NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION - -means a parcel (or contiguous parcels)
of land divided into two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this ordinance.
START OF CONSTRUCTION - -means the first placement of permanent construction of a
structure (other than a mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Permanent construction does
not include the land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and /or walkways; nor does it include
the excavation for a basement, footings, piers, or foundations or the erection of
_`�f) Minutes Continued, December 27, 1977
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not as part
of the main structure. For a structure (other than a mobile home) without a
basement or poured footings, the "start of construction" includes the first
permanent framing or assembly of the structure or any part thereof on its piling
or foundation. For mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing of the mobile home to
its permanent site. For mobile homes within mobile home parks or mobile home
subdivisions, "start of contruction" is the date on which the construction of
facilities for servicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads, and installation of utilities) is completed.
STRUCTURE- -means a walled and roofed building that is principally above ground, as well
as a mobile home.
SUBSTANTIAL IMPROVEMENT- -means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure
either, (1) before the improvement or repair is started, or (2) if the structure has
been damaged and is being restored, before the damage occurred. For the purposes
of this definition "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either (1) any project for improve-
ment of a structure to comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
VARIANCES - -is a grant of relief to a person from the requirements of this ordinance
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in manner otherwise prohibited
by this ordinance.
ARTICLE 3
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Nederland, Texas.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administration
on its Flood Insurance Rate Map, Community No. 485492, dated May 14, 1976, and any
revisions thereto are hereby adopted by reference and declared to be a part of this
ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
Where applicable a Development Permit shall be required to ensure conformance
with the Building Code of the City of Nederland and Subdivision Ordinance No. 121
and provisions of this ordinance. I
SECTION D. COMPLIANCE
No structure or land shall hereafter be developed or altered without full
compliance with the terms of this ordinance and other applicable regulations.
Minutes Continued, December 27, 1977
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
(1) considered as minimum requirements; (2) liberally constructed in favor of the
governing body; and (3) deemed neither to limit nor repeal any other powers granted
under State statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
On rare occasions greater floods can and will occur and flood heights may be increased
by man -made or natural causes. This ordinance does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the part of
the City of Nederland or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF BUILDING OFFICIAL
The Building Official is hereby appointed to administer and implement the
provisions of this ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
Duties and responsibilities of the Building Official shall include, but not be
limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
2. Review, approve or deny all applications for development permits required
by Article 3, Section C of this ordinance;
3. Where interpretation is needed as to the exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the Building
Official shall make the necessary interpretation.
4. When base flood elevation data has not been provided in accordance with
Article 3, Section B., the Building Official shall obtain review, and
reasonably utilize any base flood elevation data available from Federal,
State, or other source, in order to administer the provisions of Article 5.
SECTION C. PERMIT PROCEDURES
1. Application for a Development Permit shall be presented to the Building
Official on forms furnished by him and may include, but not be limited,
i Minutes Continued, December 27, 1977
plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures
and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
a. Contour elevation in relation to mean sea level, of the land on which
all proposed structures are to be built.
b. Description of the extend to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
2. Approval or denial of a Development Permit by the Building Official shall
be based on all of the provisions of this ordinance and the following
relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury
of others;
d. The compatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in times of flood for ordinary
and emergency vehicles; ,
f. The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical,
and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that
area.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas fo special flood hazards
the following provisions are required.
1. All new construction and substantial
improvements shall
be anchored to
,
prevent flotation, collapse
or lateral movement of the
structure; in
accordance with Appendix "D"
hurricane requirements of
the Standard
Building Code, published by
the Southern Building Code
Congress
International, Inc.;
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Minutes Continued, December 27, 1977
2. All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
3. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
4. New and replacement sanitary sewage systems shall be designed to minimize
infiltration of flood waters into the system and discharges from the systems
into flood waters; and,
SECTION B. STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals and development of subdivisions within the special
flood hazard area shall be consistent with Subdivision Ordinance 121 and
Article 1, Sections B,C, and D of this ordinance.
ARTICLE 6
PENALTY, SAVINGS CLAUSE, REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, PUBLICATION OF CAPTION ONLY AND AN EFFECTIVE DATE.
SECTION A. PENALTY
Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction shall not be fined
less than One Dollar ($1.00) but not to exceed Two Hundred Dollars ($200.00), and each
day such violation continues shall constitute a separate offense.
SECTION B. SEVERABILITY CLAUSE
If any provision of this Ordinance or the application thereof to any person or
circumstances is held invalid, the remainder of this Ordinance and the application of
such provisions to other persons or circumstances shall not be affected thereby.
SECTION C. REPEALING CLAUSE
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
SECTION D. EFFECTIVE DATE
This Amendment shall be effective from and after its passage and publication as
required by law.
PASSED, APPROVED AND ADOPTED this
ATTEST:
27th day of December, 1977.
S /H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
City of Nederland, Texas
I'lo Minutes Continued, December 27, 1977
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the agreement
with the State Department of Highways and Public Transportation for improvement at
the Nederland Avenue intersection with 27th Street and the Nederland Avenue inter-
section with S.H. 347 upon City's payment in the amount of $13,700.00 for curbs I
and gutters, storm sewers, driveways, sidewalks, in connection therewith. All voted
Aye.
STATE OF TEXAS X M V 203(1)
COUNTY OF TRAVIS X 8203 -20 -2
Jefferson County
THIS AGREEMENT, made this 27th day of December, 1977, by and between the City of
Nederland, Texas, hereinafter called the "City ", Party of the First Part, acting by
and through its City Council and the State of Texas, hereinafter called the "State ",
Party of the Second Part, acting by and through its State Highway and Public Trans-
portation Commission.
WHEREAS, the City desires the construction of curb, gutter, storm sewer and
incidental items in Nederland on Nederland Avenue between 27th Street and State
Highway No. 347 on Metropolitan Highway No. 180, which is solely the City's
responsibility and the City has requested the State to construct or have constructed
this work. The State will construct or have constructed this work for and on behalf
of the City and at the City's sole expense, excluding preliminary engineering. The
estimated construction cost of this work is Thirteen Thousand Seven Hundred and
No /100 Dollars ($13,700.00), including contingencies and construction engineering, and
WHEREAS, the City by the execution of this agreement agrees to the terms and
conditions of Commission Minute No. 69412, as it applies to the City, a copy of
which is attached hereto and marked "Exhibit A" and made a part of this agreement.
NOW THEREFORE, it is understood that this proposed work will be constructed
,
by the State and the City will transmit to the State with the return of this agreement,
executed by the City, a warrant or check made payable to the State Treasurer, Account
of Trust Fund No. 927 in the amount of Thirteen Thousand Seven Hundred and No /100
Dollars ($13,700.00) to be used in paying for the proposed work required by the City
in the City of Nederland. It is further understood that the State will construct
only those items for the City as requested and required by the City and the entire
cost of such items, excluding preliminary engineering, will be borne by the City.
If the State elects to receive bids and if upon receipt of bids by the State and /or
the actual construction and /or approved changes in the contemplated improvements it
is found that this amount is insufficient to pay the City's portion, then the City
upon request of the State will forthwith supplement this amount by an amount
equal to the City's full estimated or actual share of the cost of this work less
the amount previously paid into Trust Fund No. 927. In the event the amount as
paid is more than the actual cost, then the excess amount will be returned to the
City. It is further understood that the work to be done on behalf of the City,
as herein provided, will include the cost of contingencies and construction
engineering. It is further understood that the City by the execution of this
agreement agrees to the terms and conditions of Commission Minute No. 69412 as it
applies to the City, a copy of which is attached hereto and marked "Exhibit A"
and made a part of this agreement.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the day above stated. I
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Minutes Continued, December 27, 1977
CITY OF NEDERLAND
Party of the First Part
By: S /H. E. NAGEL
Mayor
By: R. A. NUGENT
Member of City Council
By: S /E. T. GILLESPIE, JR.
Member of City Council
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
Party of the Second Part
Certified as being executed for the
purpose and effect of activating and /or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway and Public Transportation
Commission:
By: S /ROBERT D. SAWYER
Member of City Council By:
Asst. Engineer- Director under
By: S /CARL N. "CROPO" LEBLANC authority of Commission Minute
Member of City Council 70104
Recommended for execution:
(State) Director, Finance
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the Amendment to
Ordinance No. 297 regulating rates for natural gas service provided by Southern
Union Gas Company and relating to change of the "prompt payment provision" from ten
(10) days to fifteen (15) days. All voted Aye.
AN AMENDMENT
AN ORDINANCE AMENDING ORDINANCE NO. 297 ENTITLED "AN ORDINANCE FIXING
AND REGULATING THE MAXIMUM RATES TO BE CHARGED GENERAL SERVICE CUSTOMERS
FOR NATURAL GAS SERVICE IN THE CITY OF NEDERLAND AND REPEALING CONFLICTING
ORDINANCES."
WHEREAS, the City of Nederland now finds it necessary and in the public interest
to amend Ordinance No. 297 adopted by the City Council of Nederland, Texas on May
10, 1977.
Now, therefore, be it ordained by the City Council of the City of Nederland, Texas:
Section 1. That Section 1 of Ordinance No. 297 of the City of Nederland, Texas
adopted May 10, 1977, is hereby amended by deleting from the first and second lines
of the first sentence of the second paragraph of said section entitled "Prompt payment
provision" the words "ten (10) days;" and by deleting from the third line of the
second sentence of the same paragraph the words "ten (10) days," and substituting
therefore in each instance the words "fifteen (15) days, " thereby causing said
paragraph to read in the following manner:
"Prompt payment provision. Bills are due and payable within fifteen (15)
days after the date thereof at the office provided by the Company. If
paid within fifteen (15) calendar days after the date thereof, the net
rate shall apply; otherwise, the gross rate shall apply."
Section 2. Ordinance No. 297 shall in all other respects remain in full force
and effect as adopted on May 10, 1977; all ordinances or parts of ordinances and
amendments which are in conflict herewith are to the extent of such conflicts only
expressly repealed.
Minutes Continued, December 27, 1977
Section 3. This being an ordinance not requiring a penalty, it shall take effect
from and after its passage.
READ, ADOPTED, AND APPROVED this 27th day of December, 1977, by the City Council of I
the City of Nederland, Texas, by the following vote: AYES Robert Sawyer, Carl N.
LeBlanc, R. A. Nugent, and E. T. Gillespie, Jr. NOES: None.
ATTEST:
S /LADONNA ANDERSON
Acting City Secretary
APPROVED AS TO FORM:
City Attorney
THE CITY OF NEDERLAND, TEXAS
By S/ H. E. NAGEL
Mayor
A motion was made by Mr. Sawyer and seconded by Mr., LeBlanc to approve the Lease
Agreement with Sunoco Terminals I'nc. for approximately 53 acre Landfill site for
a three year period from January 1, 1978. All voted Aye.
TrAQV Arromsmecm_
THIS AGREEMENT made this 29th day of December A.D. 1977, by and between Sunoco
Terminals, Inc., a Texas Corporation, Nederland, Texas, hereinafter called "Lessor" I
and the City of Nederland, Texas, hereinafter called "Lessee ".
W I T N E S S E] T H:
THAT, for and in consideration of the mutual benefits to be derived by the
parties hereto upon performance of the covenants and agreements as hereinafter
set forth, Lessor does hereby demise and let unto the Lessee and Lessee does
take as the tenant of Lessor, all that certain tract or parcel of land, situated
in Jefferson County, Texas, more particularly bounded and described as follows, to -wit:
BEGINNING at a point for reference said point being the most Westerly corner of
a tract of land owned by Sun Oil Company, and being in the North R.O.W. line
of the K.C.S. Railroad also being the Southeast corner of the City of Nederland
4.0 acre tract;
THENCE North 42 deg 02 min 05 sec East a distance of 563.59 feet to a"
diameter reinforcing rod a point for corner; said point being in the East
line of the City of Nederland 4.0 acre tract also the beginning point for
herein described tract of land;
THENCE, South 69 deg 26 min 35 sec East a distance of 421.88 feet to a"
diameter reinforcing rod a point for corner;
THENCE, North 52 deg 09 min 00 sec East a distance of 2,528.10 feet to a point ,
for corner; said point being in the East line of the William Carroll Survey
also being the Northwest corner of the Andrew J. Stewart Survey (Patent No. 587);
Minutes Continued, December 27, 1977
THENCE along the North line of the Andrew J. Stewart Survey (Patent No. 587) East
a distance of 83.33 feet to a point for corner said point being the Northeast
corner of the Andrew J. Stewart Survey (Patent No. 587) also the Northwest
corner of the Ogistie Montee Survey (Abstract No. 177);
THENCE South along the East line of the Andrew J. Stewart Survey and the West
line of the Ogistie Montee Survey a distance of 1,824.78 feet to a point for corner;
THENCE West a distance of 1,102.42 feet to a point for corner;
THENCE North 83 deg 03 min 41 sec West a distance of 794.55 feet to a point for
corner;
THENCE North 69 deg 26 min 35 sec West a distance of 699.98 feet to a point for
corner, said point being in the East line of the City of Nederland 4.0 acre tract;
THENCE North 42 deg 02 min 05 sec East a distance of 107.46 feet to the place of
beginning of this tract containing 52.63 acres of land, more or less.
TO HAVE AND TO HOLD the above described premises unto Lessee for a term of three
years commencing on the first day of January, 1978, and ending on the thirty -first
day of December, 1980, upon the following terms and conditions:
3. Lessee shall not remove the garbage, refuse, fill or any roadway improvements
placed upon the premises, but same shall remain and become a part of the realty at the
expiration or termination of this lease.
4. Lessee accepts the leased premises in their present condition and as a part of
the consideration hereof does hereby expressly agree to protect, indemnify and hold
Lessor free and harmless from and against any and all claims, demands and causes of
action of every kind and character from any cause whatsoever by any party hereto,
any party acquiring any rights hereunder, any of the Lessee's or other parties, servants,
agents, and employees, and any third or other party whomsoever, or governmental agency,
arising out of, incident to, or in connection with this lease or any operations,
authorized or unauthorized, hereunder or the breach of any of the terms hereof, includ-
ing without limitation by ennumeration all claims, debts, fines, penalties, forfeitures,
loss of use, death, injury and damages to all persons and property, together with the
amount of judgements, penalties, fines, interest, court costs, legal and other fees
and expenses in connection therewith. Further, as a part of the consideration hereof,
it is agreed that any and all entry or entries on the leased premises or of any of
' Lessor's adjacent properties by either the Lessee or any of its servants, agents,
employees, contractors, or invitees shall be at the risk of Lessee and Lessee agrees
to and does hereby expressly assume all risks of entry into the leased properties and
any adjacent lands owned by Lessor and assumes all legal duties and liabilities of
Lessor as the owner of such lands, regardless of cost, to any and all servants, agents,
1. Lessee shall use
said premises (or such portions therof as it may elect) as
a garbage and refuse dump
site and for no other purpose without
the written consent of
Lessor. It is understood
and agreed that (a) Lessor shall have
the right to continue
using the described premises for its own garbage, refuse and debris dump free of charge,
and (b) the specific areas within said leased tract that are to
be used for dump and
fill may be designated by
Lessor.
2. Lessee shall not
erect any buildings or structures on
the premises other than
those of a temporary nature normally required for the operation
of the dump. Upon
expiration or termination
of this lease Lessee shall remove all
buildings or structures
placed upon the premises.
3. Lessee shall not remove the garbage, refuse, fill or any roadway improvements
placed upon the premises, but same shall remain and become a part of the realty at the
expiration or termination of this lease.
4. Lessee accepts the leased premises in their present condition and as a part of
the consideration hereof does hereby expressly agree to protect, indemnify and hold
Lessor free and harmless from and against any and all claims, demands and causes of
action of every kind and character from any cause whatsoever by any party hereto,
any party acquiring any rights hereunder, any of the Lessee's or other parties, servants,
agents, and employees, and any third or other party whomsoever, or governmental agency,
arising out of, incident to, or in connection with this lease or any operations,
authorized or unauthorized, hereunder or the breach of any of the terms hereof, includ-
ing without limitation by ennumeration all claims, debts, fines, penalties, forfeitures,
loss of use, death, injury and damages to all persons and property, together with the
amount of judgements, penalties, fines, interest, court costs, legal and other fees
and expenses in connection therewith. Further, as a part of the consideration hereof,
it is agreed that any and all entry or entries on the leased premises or of any of
' Lessor's adjacent properties by either the Lessee or any of its servants, agents,
employees, contractors, or invitees shall be at the risk of Lessee and Lessee agrees
to and does hereby expressly assume all risks of entry into the leased properties and
any adjacent lands owned by Lessor and assumes all legal duties and liabilities of
Lessor as the owner of such lands, regardless of cost, to any and all servants, agents,
144 Minutes Continued, December 27, 1977
contractors, employees, invitees or licensees of Lessee entering any of the lands
owned by Lessor, including the leased premises and lands adjacent thereto and also
including any appurtenances or roadways thereto. It is the intention of this
ihdemnity to indemnify Lessor, its agents, employees, successors and assigns, of '
and from its own negligence in the maintenance of the lands and premises owned by
Lessor and which are leased to Lessee and those lands adjacent thereto and which
shall include, but not be limited to, the failure to discover latent or hidden dan-
gers and failure to warn servants„ agents, employees, contractors, invitees or
licensees of Lessee of any dangers involved in entering upon the leased premises
and the lands owned by Lessor adjacent thereto. Lessee agrees to defend any and
all of such claims, suit or suits„ at its own expense and will pay any final
judgement or judgements rendered against Lessor as a result of any injuries to or
claimed by any such persons entering Lessor's premises. In the event of Lessee's
failure to defend any suit or claim for and in behalf of Lessor, or its successors,
Lessor may employ its own attorneys, furnish its own defenses, and Lessee agrees
to pay all reasonable attorney's fees incurred therefor and all expenses and costs
incident to the defense of any such suit and to pay any settlement of any such claim
or suit made at the discretion of Lessor and pay any final judgement rendered
against Lessor in connection with any and all such entries and use of Lessor's
lands.
During the term hereof or any extensions thereof, Lessee shall take out,
carry and maintain, in insurance company or companies, and in policies of insurance
acceptable to Lessor, the following insurance with limits not less than those
shown below:
Comprehensive General Liability Insurance, including Contractual Liability
and Products - Completed Operations Liability as well as coverage on all Lessee's
equipment rented, hired or used on the premises, with limits not less than $100,000 ,
each person, $300,000 each occurrence, $300,000 aggregate. Property damage limits
of $5,000 each occurance and $25,000 aggregate. Before commencing use of the
premises, Lessee shall furnish Lessor, for its approval and retantion, certificates
of insurance, which will provide that in the event of any material change in or
cancellation of the insurance, ten (10) days advance written notice shall be given
to: Sunoco Terminals, Inc.,P. 0. Box 758, Nederland, Texas 77627.
5. Lessor shall at all timers have the right of free access to the leased
premises for the purpose of inspecting and /or exhibiting the same.
6. Lessee agrees to observe; and comply with all rules, regulations and laws
now in effect or hereafter enacted by any municipal, county, state or federal
authorities having jurisdiction over said premises and which are applicable to the
use of same. In addition, Lessee agrees to conduct the dumping operation in a
manner satisfactory to Lessor, to prohibit hazardous material from being placed on
the property and to cease dumping on all or any part of the demised premises when
the desired elevation, as determined by Lessor, has been reached, which elevation
shall not exceed 20 feet nor be less than such as Lessor may from time to time
designate.
7. Lessee shall prohibit all fires on the demised premises in the operation
of the garbage and refuse dump. Should a fire accidently occur, Lessee shall
prompt action to bring the fire under control and continue all reasonable action
necessary to completely extinguish said fire. '
8. Lessee agrees to prohibit the use of firearms on the leased premises
unless deemed necessary by Lessee to perform a municipal function, in which event,
the use of firearms shall be under the direct supervision of Lessee's Police Department.
Minutes Continued, December 27, 1977
9. Lessee agrees at its own cost and expense to erect and maintain a 6' chain
link fence in the locations mutually agreed upon to prohibit trespassing by unauthor-
ized persons both during and after normal hours of operation. Upon expiration or
termination of this lease, all fencing installed by Lessee shall remain and become the
' property of the Lessor.
10. In the event Lessor shall at any time require the demised premises, or any
part thereof, for its corporate purposes, or in the event of the sale of said premises,
or any part thereof, Lessor shall have the right and privilege to cancel and terminate
this lease upon giving the Lessee thirty (30) days' written notice.
11. Lessor reserves the right to place, maintain, repair and replace one or more
pipelines now or hereafter constructed over and across the demised premises.
12. Lessee shall not assign this lease nor sublet all or any part of the demised
premises.
13. Any notice which under the terms of this lease must or may be given to the
parties hereto shall be in writing and mailed by registered mail as follows:
If to Lessee: Mayor, City of Nederland
Nederland, Texas 77627
If to Lessor: Sunoco Terminals, Inc.
P. O. Box 758
Nederland, Texas 77627
IN WITNESS WHEREOF, the parties hereto have caused this lease to be signed by
their and each of their duly authorized officers, and their respective corporate seals
to be hereunto affixed, all the day and year first above written.
ATTEST: SUNOCO TERMINALS, INC.
S /E. G. KULWICKI BY: S /J. W. SHAW
Assistant Secretary ITS V.P. & Mgr.
ATTEST: CITY OF NEDERLAND
S /LADONNA ANDERSON BY: S /H. E. NAGEL
THE STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared J. W. Shaw,
Mgr. and V.P.of Sunoco Terminals, Inc., a corporation, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the pruposes and consideration therein expressed and in the
capacity therein stated and that the act and deed was of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29th day of September, A.D., 1977.
S /BETTY J. RICHARDSON
Notary Public in and for
Jefferson County, Texas
THE STATE OF
THE COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared H. E. Nagel,
! 4 ,'
l'`; Minutes Continued, December 27, 1977
Mayor of the City of Nederland, known to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 27th day of December, A. D. 1977. '
S /J. B. McKINNEY
Notary Public in and for
Jefferson County, Texas.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize the City of
Groves to expend from the existing Fire Drill Fund in an amount not to exceed $5,000.00
for pump revisions, roads, and a concrete block training house. All voted Aye.
Discussion items were as follows:
1. Generator for City Hall and new Police Station is on order.
2. Rocks all over road at 11th and Boston, needs to be cleaned up.
3. Driveway at Luling and 15th Street has a dropoff.
4. Amendment to Ordinance No. 154, Peterson Tank Farm boundaries.
5. Election for Mayor and two councilmen.
6. Appointment to Equalization Board; M.C.M.L., S.E.T.R.P.C. Boards.
7. Participate with School District in tennis court lighting approval.
8. Quotes on scrap iron sale; employee appreciation dinner in May.
9. Advertisement for bids for two copy machines.
10. Increase in Burrough's dirt fill for landfill; increase payment to Luther Hendon, Inc.
for hauling water plant sediments to landfill.
11. Advertisement for bids for signs as recommended by Rady and Associates.
12. Inspection of paneling of Dispatch Room in Fire Station. '
13. Appoint Bond Attorneys for Revenue Bond Sale.
14. Purchase compactor and /or dozer for landfill.
15. Authorize contracts with Moore, Stansbury and Vaught for pool, recreation center,
and Library, etc.
16. Mr. Salter being sick
The meeting was adjourned at 8:50 p.m.
/ '
H. E. Nagel, M or
City of Nederland, Texas
ATTEST:
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
January 10, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, and Mr. R. A. Nugent.
Members absent were Mr. Sam Gillespie and Mr. R. D. Sawyer.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the Minutes of
the previous meeting of December 27, 1977, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to call a Public Hearing
for 6:30 P. M., January 24, 1978 on a proposed rate increase request filed by Gulf
States Utilities Company providing for electric rates to customers within Nederland.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the following
Amendment to Ordinance No. 154 providing for a change in Ward boundaries to include
a recently annexed unoccupied tract of land.
AN AMENDMENT TO ORDINANCE NO. 154
AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE
CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS.
WHEREAS, the City Council of the City of Nederland is desirous of changing
the boundary lines of wards in order to equalize the population in each ward;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
II.
Hence forward that Ward II be expanded to include Lots 1 & 2, Block 18, Range
G of PALCO, an approximate 40 acre unoccupied tract.
If any section, portion, subdivision, clause, or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not effect the
validity of this ordinance as a whole, or any part or provision thereof, other than
the part so declared to be invalid.
PASSED by the affirmative vote of 3 members of the City Council of the City
of Nederland, this the 10th day of January, A. D., 1978.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Minutes Continued, January 10, 1978
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve the following
election order calling an election for April 1, 1978, for the purpose of electing the
Mayor, one Councilman from Ward 2, and one Councilman from Ward 4 in accordance with
the City Charter.
ORDER CALLING ELECTION
CITY ELECTION
STATE OF TEXAS I
COUNTY OF JEFFERSON I
CITY OF NEDERLAND I
I, H. E. Nagel, by virtue of the power and authority vested in me as Mayor of the
City of Nederland, Texas, do hereby order an election to be held within the said City
of Nederland on the first day of April, A. D., 1978, for the purpose of electing a
Mayor and two Councilmen, one for Ward Two and one for Ward Four for the City of
Nederland for the full term.
The polling place, time and presiding officer of said Election shall be as
follows: At the Fire Station in the said City of Nederland from 7:00 A. M. to 7 :00 P. M.
with Fern Shannon as presiding officer, and she shall select one (1) assistant judge and
three clerks to assist in holding same.
Each person who has attained the age of eighteen years and who has resided
within the said City of Nederland for thirty days next preceding said election and is a
qualified voter under the General Election Laws of this State, shall be entitled to
vote at said election and said election shall be conducted in accordance with the
General Election Laws of this State.
Notice of the time and place of holding said Election shall be given by posting
true and correct copies of this order in three public places within the said City of
Nederland, one of which shall be posted at the City Hall. I
Candidates for the office of Councilmen for Ward Two and Ward Four, having the
qualifications required by the Charter of the City of Nederland, may be nominated
Minutes Continued, January 10, 1978
1 for Councilman from the Ward, in which he must reside, by a written petition signed
by at least ten (10) qualified voters who reside in the Ward from which said person
is to be nominated. Any person, having the qualifications required by this Charter
may be nominated for Mayor by a written petition signed by at least twenty (20)
qualified voters of the City. One.such petition shall be circulated and signed for
each nominee or candidate.
Nominating petitions shall be signed and filed in the office of the City Secretary
no later than 5:00 P.M., March 1, 1978, at the City office Building.
WITNESS MY BAND this the a day of January, A. D., 1978.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to appoint Messrs. Melvin
Spittler, Charles Lankford and M. L. C. Lucke to the 1978 Equalization Board and designate
Mr. Charles Lankford as Chairman for a one (1) year term. All Voted Aye.
Sealed bids were received, opened, and read for the sale of scrap iron material at the
Service Center. Bidders were Diamond Iron and Metal and Port Iron & Supply.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to accept the bid of Diamond
Iron and Metal at $27.00 per ton for sale of scrap iron material at the Service Center,
their bid being lower than Port Iron & Supply's bid of $26.11 per ton. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve an employee dinner to
be held April 15, 1978 including service pins for employees with five years to twenty -
nine years service and,a watch for employees with over thirty years of service. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize advertisement for
bids for one copy machine for library use /rental and one copy machine for City Office
Building to be received at 6:30 P. M., February 13, 1978. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt the following Amendment
to Ordinance 41164 providing for changing the February 14 meeting to February 13 because of
a conflict with the annual Civil Defense Conference in Austin, Texas. All Voted Aye.
ATTEST: , CZL Q/7 /ill
L � � '
Alta Fletcher, City Secretary
H. E. Nagel, ayo
City of Nederland, Texas
City of Nederland, Texas
'
A motion was made by Mr. Nagel and seconded by
Mr. Nugent to appoint Mr.
R. D, Sawyer
serve as Director on the Board of the Mid - County
Municipal League and to
appoint Mayor
Nagel and Mr. C. N. LeBlanc as members and Mr.
R. A. Nugent and Mr. Sam
Gillespie as
Alternate Members to the Executive Committee of
the South East Texas Regional Planning
Committee. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to appoint Messrs. Melvin
Spittler, Charles Lankford and M. L. C. Lucke to the 1978 Equalization Board and designate
Mr. Charles Lankford as Chairman for a one (1) year term. All Voted Aye.
Sealed bids were received, opened, and read for the sale of scrap iron material at the
Service Center. Bidders were Diamond Iron and Metal and Port Iron & Supply.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to accept the bid of Diamond
Iron and Metal at $27.00 per ton for sale of scrap iron material at the Service Center,
their bid being lower than Port Iron & Supply's bid of $26.11 per ton. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve an employee dinner to
be held April 15, 1978 including service pins for employees with five years to twenty -
nine years service and,a watch for employees with over thirty years of service. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize advertisement for
bids for one copy machine for library use /rental and one copy machine for City Office
Building to be received at 6:30 P. M., February 13, 1978. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to adopt the following Amendment
to Ordinance 41164 providing for changing the February 14 meeting to February 13 because of
a conflict with the annual Civil Defense Conference in Austin, Texas. All Voted Aye.
til � i
Minutes Continued, January 10, 19-78
AN AMENDMENT TO ORDINANCE NO. 164 '
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING TO
BE HELD FROM JANUARY 10, 1978, THROUGH APRIL 4, 1978.
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 -/a-30 P. M. on each of the following dates:
January 24,
February 13, 28
March 14, 28
April 4
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 at a regular meeting, this the 10th
day of January, 1978.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary.
City of Nederland, Texas
APPR VjAST RM AND LEGALITY: '
W. E. Sadderson, City Attorney
City of Nederland, Texas
Minutes Continued, January 10, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve delivered price of
cover material to the landfill of $2.35 per cubic yard with B & B Auto Supply. All Voted
Aye. *See Page No. 155.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to appoint Dumas, Huguenin,
Boothman, & Morrow as Bond Attorneys to assist the City Attorney and fiscal agent in the
sale of $1,454,000.00 of Revenue Bonds as approved December 10, 1977. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the following
Lease Agreement with the Retired Senior Volunteer Program (South East Texas Regional
Planning Commission) for the building located at 920 Boston Avenue. All-Voted Aye.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
ON THIS THE /O day of �6�f , 19 78 , the City of
Nederland, Jefferson County, Texas by and through its duly elected officers,
hereinafter referred to as a Lessor, have entered into the following Contract
and Agreement with the Retired Senior Volunteer Program (Grantee - South East
Texas Regional. Planning Commission) , hereinafter referred to as Lessee, to -wit:
The premises to be leased is the Opportunity Center building and fenced
premises located at 920 Boston Avenue, Nederland, Texas.
The term of the lease shall be for five (5) years, beginning on the 1st
day of February, 1978.
For and in consideration of this lease, Lessee shall pay to Lessor $480.00
per month, to be contributed by City of Nederland as "in kind" contribution for
services rendered;
The Opportunity Center building and fenced premises is to be leased to the
Lessee, to be used as a Retired Senior Citizen Facility; primarily as necessity
and convenience to this segment of our citizenry. There Shall be no alcoholic
beverages sold or consumed on the premises.
The Lessee must keep a public liability insurance policy in effect for a
minimum of $100,000.00/$300,000.00 /$50,000.00 coverage to the City of Nederland
and hold the City of Nederland harmless from any injury sustained on the leased
premises and furnish the City of Nederland a copy of said policy.
All parties to this Agreement agree that either party may cancel this lease
Agreement by giving the other party 30 days written notice. Such written shall
be mailed to the City of Nederland, P. O. Box 967, Nederland, Texas 77627, and '
Retired Senior Volunteer Program, P. O. Drawer 1387, Nederland, Texas 77627.
The Lessee here -in shall not make any alterations to the leased premises
without permission from the Lessor.
The Lessor shall furnish the electricity, natural gas, water, sewer and
garbage estimated to amount to $4,700.00 during the term of this lease; mowing /year
estimated to be $600.00; and building upkeep and maintenance of $1,000.00
(approximately).
WITNESS OUR HANDS this the /a day of , 19�.
H. E. Nagel, Mw0i
City of Nederland, Texas '
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
0
APPROVER AR TO FORM AND LEGALITY: 4_6La'
W. '
. E. Sanderson, City Attorney
City of Nederland, Texas
Winnie Rutledge, Program Director
Retired Senior Volunteer Program
.ATTEST: '
Chairperson,
R.S.-V5. Advisory Council
Minutes Continued, January 10, 1978
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME the undersigned authority on this day personally appeared H. E. Nagel,
Mayor of the City of Nederland, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for
the purpose and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 19
Notary Public in and for Jefferson County,
Texas
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME the undersigned authority on this day personally appeared Winnie
Rutledge, Program Director, Retired Senior Volunteer Program, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration
therein expressed and in the capacity stated. ,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
19
Notary Public in and for Jefferson
County,, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to approve the following
Resolution authorizing the City of Nederland to enter into a lease agreement with the
Retired Senior Volunteer Program. All,Voted Aye.
A RESOLUTION
WHEREAS the City of Nederland is the owner of the Opportunity Center building
and premises thereat, 'located at 920 Boston Avenue, Nederland, Texas; and
WHEREAS, the Retired Senior Volunteer Program (Grantee - South East Texas
Regional Planning Commission) is desirous of leasing the building and premises
to be used as a Retired Senior Citizen Facility, the city is desirous of leasing
same; and
WHEREAS, the City,of Nederland has agreed to enter into a lease agreement
with the Retired Senior Volunteer Program (Grantee - South East Texas Planning
Commission);
1b4
Minutes Continued, January 10, 1978
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND
That the Mayor is hereby authorized to execute a lease agreement with the
Retired Senior Volunteer Program (Grantee - South East Texas Regional Plannin�
Commission) for a period of five (5) years for the lease in the amount of
$480.00 per month, to be contributed by City of Nederland as an "in kind"
contribution for services rendered beginning on the 1st day of February, 1978,
and the City Secretary is authorized to attest to same and affix the seal of
the City of Nederland to said lease:
PASSED by the City Council this ,Za day of , 19
H. E. Nagel, M or
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
t
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to approve payment of bills for
the month of December, 1977 in the amount of $28,978.62 by General Fund-Checks No. 0353 -0419
and.$17,103.35 by Water Fund Checks No. 2768 -2800. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Water Department
employees Kenneth Meaux and Darrell Marchand to attend a Texas A & M Engineering Extension
Unit II Water School in Orange, Texas, January 16, 1978. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to accept the remodeling of the
Fire Station Dispatch Room. All Voted Aye.
Discussion items were as follows:
1. Installation of a rain gage on top of the Fire Station by Drainage District X67.
2. Previous action authorizing City to participate with Nederland Independent School
District in the lighting of tennis courts.
3. Sponsoring a clean -up program throughout the City to conclude on March 15 in
connection with the Heritage Festival. ,
4. Amendment to Ordinance #70 relating to provisions included in the recently
approved "open saloon" law.
-. --Review of the "open meetings act ".
Minutes Continued, January 10, 1978
The meeting was adjourned at 8:15 P. M.
1
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
155
** A motion was made by Mr. Nagel and seconded by Mr. Nugent to amend previous motion
to correct landfill cost of $2.35 per cubic yard to $2.30 per cubic yard in accordance
with their written request. All Voted Aye.
1
1
156
REGULAR. MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
January 24, 1978
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. C. N. LeBlanc, 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 January 10 as written. All Voted Aye.
A Public Hearing was conducted for the purpose of considering a proposed rate in-
crease request filed by Gulf States Utilities Company providing for electric rates
to customers within Nederland. Several representatives of Gulf States Utilities
Company were present to answer questions pertaining to the request; however, none
were made known.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the following
Ordinance No. 308 as read in its entirety. All Voted Aye.
ORDINANCE NO. 308
AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY GULF STATES UTILITIES COMPANY
OF ITS RATES FOR ELECTRIC UTILITY SERVICE IN THE CITY OF NEDERLAND: PROVIDING THE
REASONS THEREFOR: AND PROVIDING AN EFFECTIVE DATE '
WHEREAS, on the 30th day of December, 1977, Gulf States Utilities Company
filed with the City of Nederland, its Statement of Intent to increase its rates for
electric utility service in the City; such rate increase to become effective on
February 6, 1978, or thirty -five (35) days after the date of delivery of its State-
ment of Intent to increase its rates, whichever is later; and
WHEREAS, the City Council has determined that Gulf States Utilities Company's
Statement of Intent to increase its rates for electric utility service in the City,
effective as aforesaid, should be suspended for a period of one hundred twenty (120)
days from the effective date of the proposed increase for the following reasons:
(1) The City Council has not had sufficient time to analyze and study the
proposed increase.
(2) That in order to reach a determination of the justness, reasonableness,
and propriety of such rate increase, it will be necessary to employ rate consultants
to investigate and analyze such proposed rate increase; now, therefore,
BE IT ORDAINED BY THE CITY OF NEDERLAND:
SECTION 1: That the proposed increase by Gulf States Utilities Company of its
rates for electric utility service in the City be, and is hereby, suspended for a
period of one hundred (120) days from the effective date of the proposed increase.
SECTION 2: This Ordinance shall be in effect from and after its passage.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland held on the 24 day of January, 1978.
ATTEST: HOMER E. NAGEL '
Homer E. Nagel, Mayor -
ALTO FLETCHER
Alta Fletcher, City Secretary
The foregoing ordinance, including all the provisions thereof, is hereby ap-
proved as to form and legality.
W. EVERETT SANDERSON
W. Everett Sanderson, City Attorney
157
Minutes Continued, January 24, 1978
Quotations were received and read for furnishings for Nederland Police Station
from Nederland Publishing Company, Lamb Printing and Stationery Company of Beaumont
and Nielsen's Office Supplies of Port Arthur.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to table bids for
Police Station furnishings until the latter part of the meeting to allow Mr. McKinney,
City Treasurer, time to tabulate and return with a recommendation. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize the following
agreement providing for the installation of lighting and appurtenances by the City of
Nederland for tennis courts constructed by Nederland Independent School District at
C. 0. Wilson Junior High School, $11,179.69 and Central Junior High School, $8,648.00;
and to authorize amending the Budget to provide for the amount of $9,827.69 to be
paid from funds remaining at the end of the previous fiscal year. All Voted Aye.
THE STATE OF TEXAS
COUNTY OF JEFFERSON
ON this the 24 day-of January, 1978, the City of Nederland, Jefferson County,
Texas, and the Nederland Independent School District have entered into the following
contract and agreement, to wit:
That for and in consideration that the citizens of Nederland shall have access
to all tennis courts located on property owned by the School District and known as
Central Jr. High School and all tennis courts on property owned by the School District
known as C. 0. Wilson Jr. High School, the City of Nederland agrees to reimburse the
Nederland Independent School District all monies spent for the installation of lighting
equipment on the tennis courts at Central Jr. High School, however, said reimbursement
shall not exceed the sum of $8,648.00, and the City of Nederland hereby agrees to re-
imburse the School District all monies spent for the installation of lighting equipment
on the tennis courts at C. 0. Wilson, Jr. High School, however, said reimbursement
shall not exceed $11,179.69.
For and in consideration of the above,Nederland Independent School District
hereby agrees that all citizens of Nederland shall have access to all tennis courts
located at the above described two locations.
The parties hereto agree that this Agreement shall not terminate until mutually
agreed upon by both parties hereto.
WITNESS OUR HANDS this 24 day of January, 1978.
CITY OF NEDERLAND
ATTEST: BY HOMER E. NAGEL
Mayor, Homer E. Nagel
ALTA FLETCHER
City Secretary, Alta Fletcher
NEDERLAND INDEPENDENT SCHOOL DISTRICT
BY
Secretary, Howard Mallett Bob Harmon, School Board President
A motion was made by Mr. Gillespie and seconded by Mr. LeBlanc to authorize Change
Order No. 1 to Police Station Contract with Winter King and Son increasing the contract
in the amount of $3,566.00 to a total of $319,153.00; and to approve changes totaling
$2,966.00 as per quotation received for installation of new oak door, display wall
cabinet, intercom system, and counter roll -up door; and to authorize payment to Winter
King & Son, Estimate No. 8, for Police Station in the amount of $26,234.33. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Civil Defense
officials to attend the Annual Preparedness Conference in Austin, February 14 -16, 1978.
All Voted Aye.
158
Minutes Continued, January 24, 1978
A, motion was made by Mr. Nagel and seconded by Mr. LeBlanc to appoint new members to
the Heritage Festival Committee as follows: Tonya Mitchell, Elizabeth Viterbo,
Richard Veal, Donna Partain, Dick Dean, Cathy Riley, Jimmie Gentile, Jada Gentile,
Ann Lowery, Margaret. Zaruck, Bob Bryant, Ray Tamplin, and Lester Youngblood. All
Voted-Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize a note for
three years, 36 monthly installments of $2,007.63 including interest, with Nederland
State Bank at 4%-interest in the amount of $68,000.00 to purchase a caterpillar D -6
dozer (less trade -in) from Mustang Tractor Co.,;$67,101.00, from bids received
October 11, 1977, for the Sanitary Landfill operation. All Voted Aye.
Presentation was made of survey and facility plan by Charles R. Haile Associates
engineers covering City of Nederland wastewater system infiltration inflow analysis.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer that we approve submittal
of the Wastewater Infiltration Inflow Analysis as presented by Charles R. Haile
Associates and the submittal of same and also call a Public Hearing for 6 :30 P. M.,
March 28 and approval of the Statement of Assurance as read. All Voted Aye.
STATEMENT OF ASSURANCE
The City of Nederland, Texas, hereby certifies that it will provide a means (by
City ordinance or other means as seen fit for having the service line leaks indi-
cated by the Sewer System Evaluation Survey properly repaired by the property owner.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER
Alta Fletcher, City Secretary
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize participation
in the Heritage Festival, March 15 -19; dedication of Tex Ritter Memorial Park, 4 :00
P. M., March 14; dedication of Police Station, 5 :30 P. M., March 15; and the annual
clean up program with hiring of young people for clean -up detail. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the estab-
lishment of accounts at Nederland State Bank depository: (1) 1978 Street and Drainage
Fund, $30,000.00; 1978 Parks Fund, $10,000.00; 1978 Water System Fund, $10,000.00 from
funds remaining at -the end of the previous fiscal year. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we authorize Charles
R. Haile Associates to perform engineering services in accordance with Texas Society
of Professional Engineers schedule for the street and drainage improvements and for
the waterworks improvements included in the first issue of bonds stipulating also
that the City of Nederland retains ownership of the documents and plans and that
field surveys be made at cost. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel authorizing advertisement
for bids on signs and appurtenances to be received 6 :30 P. M., February 28, as recom-
mended by the Office of Traffic Safety. All Voted Aye. '
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc to authorize the City
Council, City Manager, City Treasurer and Financial Advisor to present financial
data necessary to obtain a bond rating with Moody's Investors Service and Standard
and Poor in New York, April 6 -7. All Voted Aye.
159
Minutes Continued, January 24, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize including
the storm sewer improvement, Job No. 13, along 27th Street from Canal Avenue south
to the termination of the Airport - Viterbo ditch in the first phase of drainage im-
provements. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize a three
(3) year agreement with the three (3) other cities participating in the Mid - County
Sanitary Landfill operation. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the City
Manager and his staff to purchase furnishings for the Nederland Police Station as
they see fit substituting such items as necessary. All Voted Aye.
The meeting was adjourned at 9:50 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
H E. Nagel or
e /CWyX
. , or
City of Nederland, Texas
160
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 6, 1978
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr.
Sam Gillespie. Mr. R. D. Sawyer was absent.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to approve Minutes of
the meeting of January 24, 1978 as written. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to authorize Golden
Triangle Constructors, Inc., to perform sewer replacement job along 19th Street
from the easement between Detroit and Elgin to the easement between Elgin and
Franklin on an actual cost plus 10% for overhead and 15% for profit with an ad-
ditional 18,% on the labor required to cover benefits, as submitted.
Discussion items were- as.follows:
1. Drainage problem in the 1400 Block of S -15th Street.
2. Stray dogs, 1800 Block Gary Avenue, 2700 -2800 Blocks Nashville Avenue.
3. Garbage bag delivery due about March 19th.
4. Failure in Hardy Avenue near St. Charles Church.
5. Street marker on S -102 Street not legible.
6. Drainage problem on S -10th Street, Mr. Moye.
7. Expense checks to be written for Civil Defense Meeting.
8. Water Plant difficulties.
9. Sewer Plant difficulties, blower still in litigation.
10. Waterworks Superintendent.
11. Bids to be received for copy machines.
12. Luncheon at Airport, 2/6/78.
The meeting was adjourned at 7:15 P. M.
H. E. Nagel, M or
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
161
February 13, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent, and Sam
Gillespie.
Mr. Gene Sheppherd, Fiscal Agent, was present to speak with the Council about Bond
Rating and trip to New York. No official action was taken.
A motion was made by Mayor Nagel and seconded by Mr. LeBlanc that the Proclamation as
read commending the Westernaires be entered into the Minutes. All Voted Aye.
OFFICE OF THE MAYOR
PROCLAMATION
I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City of
Nederland, Texas, do hereby
PROCLAIM
"Valentines Day"
AS
" NEDERLAND WESTERNAIRE DAY"
in the City of Nederland, Texas, and urge each and every Citizen of our City to salute
and to recognize this group of fine young ladies as the sweethearts of Nederland for
their outstanding achievement of being selected as NUMBER ONE in all events in the
United States Competition held in California; and, further, that Beverly Minaldi be
commended for her leadership and direction.
In testimony whereof, witness my hand and Seal of the City of Nederland this the 13th
day of February, A. D. 1978.
ATTEST:
ALTA FLETCHER HOMER E. NAGEL
Alta Fletcher, City Secretary Homer E. Nagel, Mayor
City of Nederland, Texas City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of February 6, 1978 as written. All Voted Aye.
Sealed bids were received, opened, and read for the purchase of two copy machines.
Bidders were: Uni -Copy; Minolta Company; Pitney- Bowes; Zerox Corporation; and W. C.
Royle Company.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids to the City
Manager and his staff for tabulation and recommendation until the next meeting of the
City Council on the bids for two copy machines. All Voted Aye.
16'2
Minutes Continued, February 13, 1978
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to accept Allan Meadow
Subdivision Section Three as a Class I subdivision in accordance with Ordinance No.
121 and to authorize advertisement for bids on water and sewer facilities to be re-
ceived 6:30 P. M., March 14, 1978. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to grant preliminary approval
of Regency Place Subdivision Section One located in the 500 block of Avenue "H" and
approve variances as recommended by the Planning Commission. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to discontinue the deposit
with the Chamber of Commerce for Windmill Museum operations from the Hotel /Motel
Tourism Tax Income; and to authorize monthly payment of $250.00 to the Windmill Museum
fund to provide for attendants and miscellaneous expenses. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of bills
for the month of January, 1978 in the amount of $24,573.46 by Water Fund Checks No. 2810-
2839 and $34,028.66 by General Fund Checks No. 0484 -0558. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. LeBlanc to approve the following
Resolution providing for the Highway Department and /or the County to return a section
of right of way to the original owners as located along the east side of Hwy. 69 where
the Jefferson County Airport Road intersects same. All Voted Aye.
RESOLUTION
WHEREAS, the State of Texas is the owner of a certain tract of right of way
located on the east side of U. S. Highways 69, 96 and 287 in the City of Nederland, I
Jefferson County, Texas; and,
WHEREAS, the certain tract of right of way was acquired in order to facilitate
the construction of a proposed street extension from U. S. Highways 69, 96 and 287,
easterly through Bluebonnet Addition in the City of Nederland; and,
WHEREAS, The City of Nederland has abandoned the proposed street extension
through Bluebonnet Addition; and,
WHEREAS, a portion of the above mentioned right of way is no longer needed for
use of citizens for road or public transportation purposes and is surplus; and,
WHEREAS, the State of Texas proposes to dispose of their interest in a portion
of said right of way as required by law, subject to the approval of the governing body
of the City of Nederland;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF NEDERLAND:
THAT the portion of the above mentioned right of way described in Exhibit "A" and attached
hereto and made a part hereof for all purposes, is no longer needed for road or public trans-
portation purposes and the City Council of the City of Nederland concurs in the disposition
of that portioli of the said right of way no longer needed by the State of Texas; and,
BE IT FURTHER RESOLVED that this resolution shall take effect immediately ,
from and after its passage; and,
BE IT FURTHER RESOLVED that the Secretary of the City of Nederland be authorized
to furnish a certified copy of this resolution to Mr. F. C. Young, District Engineer,
! 7
Minutes Continued, February 13, 1978
State Department of Highways and Public Transportation, P. 0. Box 3468, Beaumont, Texas
77704.
PASSED BY THE CITY COUNCIL of the City of Nederland this the 13th day of
February, 1978.
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize payment of
Estimate No. 1 from the escrow account of Allan Meadow Subdivision Section Two to
Steele Construction Company, Inc. for water and sanitary sewer facilities in the
amount of $3,901.50. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to renew the contract
to Superior Parking Lot Services for regular street sweeping in several locations for
compensation of $400.00 per month. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel authorizing attendance
and expenses of two operators to the Unit II Wastewater School at Orange for five
days beginning February 13, 1978. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to table action on a
proposed Amendment to Ordinance No. 221 providing for improved pipe protectors around
gas pumps at self service gasoline stations. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance
of Mr. J. B. McKinney to the Revenue Sharing Seminar in Dallas, February 15 -16, 1978.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. LeBlanc to authorize a sublease
by R.S.V.P. at 920 Boston Avenue to permit the Center for Christian Service United
Board of Missions to locate a vehicle there for a senior citizen transportation
service; and installation of a light under the awning to discourage vandalism. All
Voted Aye.
An Executive Meeting was held regarding acquisition of site for 2,000,000 gallons
storage tank.
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing the City Manager
to employ an appraiser to appraise site of 2,000,000 gallon ground storage tank. All
Voted Aye.
Discussion items were as follows:
1. Dog problem on Gary Avenue and 19th Street and Franklin Avenue, and Nashville Ave.
2. Seaman's Center.
3. Agreement from City of Groves on Mutual Aid Fire Protection.
4. Carpeting in Corporation Courtroom.
161
Minutes Continued, February 13, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we table action on
approval of an Amendment to Ordinance No. 121 providing for application of Ordinance
No. 121 to subdivisions dedicated prior to the ordinance until the next meeting of
the City Council. All Voted Aye.
The meeting was adjourned at 9:10 P. M.
� �� -(
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 28, 1978
The meeting was called to order at 6:45 P. M. by Mayor H. E. Nagel.
Members present were R. D. Sawyer, C. N. LeBlanc, H. E. Nagel, R. A. Nugent, and Sam
Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of February 13, 1978 as written. All Voted Aye.
Bids were received opened and read for 516 regulatory and warning traffic signs and for
600 channel iron sign posts. Bidders were: Lowen Co; Ve Ped; Safety Light Co; Sa -So;
Miro -Flex; Bowman Industries; FSC; Vulcan Signs; Electric Lites; Grimco, Inc.; Vernon
Sales; Mercer Metals; Texas Dept. of Corr.; 3 -M; ABC; Hall Signs, Inc.; Specialty Signs;
and Price "Barracade ".
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids for
signs and posts to the City Manager and his staff for tabulation and recommendation.
All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to authorize installation of
water and sewer taps and providing water, sewer, and garbage service to the National
Little League Ballpark situated behind Discount Foods from the Parks and Recreation
budget. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Gillespie that we approve the
recommendations made by the City Manager and the City Treasurer to award the bid for
a copy machine for City Hall to Xerox Corporation on the basis of their low bid of
$4,180.00 and to award the bid for a copy machine for the Library to Global Service,
Inc. on the basis of their low bid of $2,727.69. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to endorse City of Nederland
participation in the Governor's Office of Energy Resources Thermal and Lighting
Standards Program. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to grant 94% completion of
Police Station /Courtroom and payment to Winter King & Sons Estimate No. 9 in the
amount of $26,007.30. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept easement for a
sidewalk along 27th Street and C. 0. Wilson school to the north boundary of school
property. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Sawyer to approve agreement with
Moore, Stansbury, and Vaught Architects, Port Arthur, Texas, for the architectural
services in connection with construction of a swimming pool, bath house, and tennis
courts at C. Doornbos Park; to provide architectural services to construct a recreation
building at C. Doornbos Park and preliminary design of additions to the City Library
building. All Voted Aye.
Minutes Continued, February 28, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Assistant
Fire Marshal, Mark Cheney, to attend the 23rd Annual. Fire and Arson Investigators
Seminar, Texas A & M, March 13 -17, to be conducted in Austin. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to endorse the addition
of $2,300.00 to the $13,700.00 already approved for Nederland's participation in
the Nederland Avenue intersection project at Twin City Highway and at 27th Street
as is b eing constructed by Texas Department of Highways and Public Transportation.
All Voted Aye.
Review was made of wastewater facilities plan prepared by Charles R. Haile
Associates; Mr. D. C. Perrell and .Mr. William Larrain. No official action was taken.
Discussion items were as follows:
1. Dedication of Tex Ritter Park.
2. Program for dedication of Police Station.
3. Clean up of burned structure in the 1700 block of Atlanta Avenue.
4. Recommendations of Beautification Committee.
5. Tax Ratio Study - Assessments at 30% +.
6. Dog leash enforcement.
7. Site for Gazebo location.
8. Annual Reports.
9. Asphalt policy for driveways.
10. Advertisement for Water - Wastewater Superintendent.
11. "Park- and - Ride" locations near Nederland.
The meeting was adjourned at 9:00 P. M.
ZL/ / �i
H. E. Nage or
City of Nederland, Texas
ATTEST:
,Z &L J l c1�Lfl
Alta Fletcher, City Secretary
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 14, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr.
Sam Gillespie. Mr. C. N. LeBlanc was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of February 28, 1978 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize construction
of a gazebo behind the Windmill in Tex Ritter Park and to authorize the placement of
park benches in the park, with no time limit designated, as requested by Mr. M. L. C.
Lucke, with sponsorship by the Rotary Club. All Voted Aye.
Sealed bids were received, opened, and read for water and sanitary sewer facilities
within Allan Meadow, Section Three Subdivision. Bidders were: Greer Construction
Company; N. M. Brown Construction Company; Imperial Contractors, Inc.; Golden Triangle
Constructors, Inc.; Bella Company; Excavators & Constructors; Steele Sabine Consoli-
dated Construction; Tejas Utilities, Inc.; Mar -Len, Inc.; and Robert Blacksher Welding
Company.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for water
and sanitary sewer facilities within Allan Meadow, Section Three Subdivision to Tejas
Utilities, Inc. on the basis of their low bid of $99,160.00 of which the City will
pay $4,880.00 for the increase in line size from 8" to 10" to be contingent upon
the deposit of escrow funds by the developer. All Voted Aye.
Presentation of recommendations for beautification was made by Mrs. Mary Tom Armstrong,
Chairman, and Mrs. Dollye Roberts, Co- Chairman, of the Heritage Festival Beautification
Committee.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of
bills for the month of February, 1978 in the amount of $20,206.25 by General Fund
Checks No. 595 -673 and $34,932.88 by Water Fund Checks No. 2851 -2893. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve ten 7,000
lumin mercury lights in Allan Meadow Subdivision Section Two and authorize City
participation to 25% of the cost of ornamental street light poles, making the City's
share $1,040.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to schedule a Public Hear-
ing for 6:30 P. M., April 11, 1978, in accordance with Section 14.02 of the City Charter
to consider rate increase request by Southwestern Bell Telephone Company. All Voted Aye
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie authorizing installation
of 36 feet of 15" tile at the dead end of West Atlanta Drive to provide access to the
American Little League Ball Park; and to authorize installation of 60 feet of 18"
concrete pipe along Park Drive adjacent to the Babe Ruth Ball Park. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize airplanes of
Jefferson County Mosquito Control District to fly at low levels along certain areas of
Nederland. All Voted Aye.
14�
Minutes Continued, March 14, 1978
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the engage-
ment of Touche -Ross and Associates of Dallas to make the necessary studies and '
presentation of evidence concerning a rate increase request as received December 30
from Gulf States Utilities Company, through Texas Municipal League representing the
cities. All Voted Aye.
Mr. C. N. LeBlanc was present at the meeting after this time.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to call a Public Hearing
for 6:30 P. M., April 11, 1978, for the purpose of amending Ordinance No. 70
regulating the sell of alcoholic beverages within Nederland. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr.. Nagel to establish a policy
permitting the black topping of that portion of private driveways located upon the
City property with property owner providing the materials, for six months, September
15, 1978. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr.. Nugent authorizing the purchase
of materials estimated to cost $1,000.00 for remodeling the old Police Station rooms
for Fire Department expansion. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize advertisement
for bids to be received at 6:30 P. M., April 11, for a sanitary sewer line along
Detroit Avenue from 19th Street to replace a deteriorated concrete sewer line. All
Voted Aye.
A motion was made by Mr. Gillespie: and seconded by Mr. Nagel to employ Robert Keith '
of Beaumont to assist in litigation with Port City Construction Company of Lake
Charles, Louisiana. All Voted Aye.
Discussion items were as follows:
1. Mr. Nugent needs 2 copies of letter to Texaco, Inc. concerning trip to New York.
2. Damaged fire plug at Verna Drive and Tipps Drive.
3. Sewer line trouble at Mr. Pete. Delahoussaye's home.
4. Junior Football League Contract extension.
5. Mr. Gillespie, Mr. Nagel, and Mr. Sawyer needs 2 copies of letter to Neches Butane
concerning trip to New York.
6. Letter written by Chief Sattler to Mr. Holland.
7. Pictures of sewer plant - Department of Health Resources.
8. Insulation Ordinance.
9. Seaman Center.
10. Police Station Dedication.
11. Festival Parade.
The meeting was adjourned at 8:50 P. M.
ATTEST
Alta Fletcher, City Secretary
City of Nederland, Texas
E. Nagel, yor
City of Nederland, Texas '
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 28, 1978
The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel.
Members present were Mr. R. D. Sawyer, 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 March 14, 1978 as written. All Voted Aye.
Approximately 30 members of Boy Scout Group Webeloes, Den I Troop 132, and Troop
422 were introduced. The purpose of their presence was to inform the City Council
of their use of Old City Hall for their regular weekly meetings.
A Public Hearing was conducted for the purpose of adoption of City of Nederland,
Texas, Facility Plan WPC- Tex -1140, Job No. 374 -51, in accordance with guide lines.
The Hearing was tape recorded in its entirety, and a transcript of tape is of
record.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt the following
Ordinance No. 309 concerning the application to the Texas Department of Water
Resources, Water Quality Section and the Environmental Protection Agency for a
Federal Grant for the proposed wastewater treatment and collection system. All
Voted Aye.
ORDINANCE NO. 309
AN ORDINANCE CONCERNING THE APPLICATION TO THE TEXAS DEPARTMENT
OF WATER RESOURCES, WATER QUALITY SECTION AND THE ENVIRONMENTAL
PROTECTION AGENCY FOR A FEDERAL GRANT.
WHEREAS, the City of Nederland has made application to the Texas Department of
Water Resources, Water Quality Section and the Environmental Protection Agency for
a Federal Grant pursuant to the Water Pollution Control Act Amendments of 1972,
Public Law 92 -500 and the rules and regulations thereto;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION I
THAT the Step I Facility Plan for the proposed wastewater treatment and collection
system has been prepared in complete accordance with the laws, rules, and regulations
as specified by the Water Pollution Control Act Amendments of 1972, Public Law
92 -500 and it is accepted by the applicant; and
SECTION II
THAT the City of Nederland understands that the Facility Plan must be approved
by the Texas Department of Water Resources, Water Quality Section and the Environ-
mental Protection Agency, and that once the Facility Plan has been approved, that
1
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Minutes Continued, March 28, 1978
no changes will be authorized without first receiving approval of the change from
the Texas Department of Water Resources, Water Quality Section and the Environmental I
Protection Agency; and
SECTION III
THAT the Facility Plan as approved by the Texas Department of Water Resources,
Water Quality Section and the Environmental Protection Agency, will be carried out
with proper and timely procedures for completion.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS, this the 28th day of March, A. D., 1978.
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON _
W. E. Sanderson, City Attorney '
City of Nederland, Texas
Mrs. Vera LeBlanc was present to discuss the Blood Center of Southeast Texas' Blood
Drive April 6, 1978, and to request City Officials and employees to participate.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table any action on
approval of an agreement with the Seaman's Center of Mid - County for use of the Old
City Office Building premises located at 908 Boston Avenue, for the time being, and
that the City Council, along with the Chamber of Commerce and Mr. Johnny Shaw, meet
with Mr. Maurice Ross and his group to try to arrange some other kind of facility
that would be suitable and would meet the needs as far as transportation and good
location. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following
agreement with the Nederland Junior Football League to provide for improvements and
use of the ball diamond and playing field located in the 3200 block of Avenue "E ".
All Voted Aye.
Mayor Homer E. Nagel
Members of the City Council
City of Nederland, Texas
Gentlemen
The Nederland Junior Football League, generally serving the area of Nederland Indepen- '
dent School District, proposes to improve and use the ball diamond and playing field
located in 3200 Block of Avenue E. We propose to permit Little League or Softball
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171
Minutes Continued, March 28, 1978
League to train or play and use the facilities in the spring and summer, all without
charge or compensation - except maintenance and upkeep.
If assigned this field for a period of five (5) years from date of approval by the
City Council, we will undertake and complete development by the following:
1. Concession stand
2. Consider and possibly install portable bleachers and other appurtenances.
As the City Charter states that the City cannot lease or otherwise assign property
for longer than five (5) years, then we agree, upon official City Council request,
that we will vacate the property at any future time with City of Nederland reimburs-
ing our League at an amount equal to, but not to exceed $3,000.00, the appraised
replacement value of all improvements made as determined by a qualified appraiser.
We will appreciate your approval of this proposal.
BOARD OF DIRECTORS:
JIM PHYTHAN SHERYL HEBERT
President
TOPPY METREYEON RONALD HEBERT
The Nederland Softball League is in agreement with this proposal.
President
ACCEPTED BY CITY COUNCIL:
HOMER E. NAGEL
Mayor
APPROVED AS TO FORM:
W. E. SANDERSON
City Attorney
Councilman C. N. LeBlanc was present after this time.
Date
3/28/78
Date
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize providing
electrical, water, and garbage services to Babe Ruth Ball Park during the 1978 season.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel authorizing payment
to Winter King & Son, Estimate No. 10, for Police Station /Courtroom in the amount
of $9,565.90. All Voted Aye.
A motion was made by Mr. LeBlanc and seconded by Mr. Nagel to approve the following
Amendment to Ordinance No. 303 providing for the voiding of Ordinance No. 303 which
ordinance requires an agreement for a mutual fire fighting services with a city
179,
Minutes Continued, March 28, 1978
before City of Nederland fire fighting services will be provided to such city. All
Voted Aye.
,
AMENDMENT TO ORDINANCE NO. 303
AN AMENDMENT CONCERNING THE POLICY OF THE CITY COUNCIL ON FIRE AND
POLICE SERVICES OUTSIDE THE CITY OF NEDERLAND.
WHEREAS, it is appropriate that Ordinance No. 303 be amended so that the policy
of the City of Nederland be clarified and established as a matter of record concern-
ing fire and police services outside the City Limits of the City of Nederland:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
That Ordinance No. 303 is hereby voided in all respects and the City of Neder-
land and its Fire Department shall be guided by the Policy adopted by the City
Council of the City of Nederland on April 13, 1964.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Nederland,
Texas this 28th day of March, A. D., 1978.
H. E. NAGEL ATTEST: ALTA FLETCHER
_
H. E. Nagel, Mayor Alta Fletcher, City Secretary
City of Nederland, Texas City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we table action
authorizing an application for 50% Matching Fund Grant through Texas Parks and
Wildlife from Bureau of Outdoor Recreation to improve several neighborhood parks
and other properties as recommended in the City of Nederland Park and Recreation
Plan. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. LeBlanc authorizing an application
for Community Development Block Grant funds in this year's program. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action authorizing
award of bid to the low bidder, Vulcan Signs and Stampings, Inc., signs, $5,812.92;
posts, $5,256.00; total, $11,068.92; for street sign replacement program under
agreement with State Department of Highways and Public Transportation. All Voted Aye.
Discussion items were as follows:
1. Swings in City Parks.
2. Name Plates for City Council table.
3. Street curb at bus garage on 17th Street.
4. Garbage bag delivery. '
5. Quote from Raby Electric Co. for lighting in City Hall in event of emergency.
6. Youth Program approval.
7. Work on Nederland Avenue and Twin City Highway.
8. Employee Appreciation Banquet.
Minutes Continued, March 28, 1978
9. Signs blocking view on Atlanta Avenue and Twin City Highway.
' 10. Hardy Avenue project.
11. Delivery of new dozer.
12. Sewer work on Detroit Avenue.
13. Letter from Don Butler, TML, concerning Southwestern Bell Telephone Co
rate increase request.
14. Public Works Committee's meeting.
The meeting was adjourned at 9:40 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
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H. E. Nagel, Ma r
City of Nederland, Texas
f
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 4, 1978
The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel.
Members present were Mr. C. N. LeBlanc, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr.
Sam Gillespie. Mr. R. D. Sawyer was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of March 28, 1978 as written. All Voted Aye.
The returns of April 1, 1978 General Election and Absentee Election were read by Mrs.
Fern Shannon, Election Judge. Out of 611 votes cast, 17 were absentee. Respective
candidates received the following number of votes:
NAME OF CANDIDATE OFFICE VOTES
H. E. Nagel Mayor 584
J. A. Shaw Mayor 1
Thomas E. Lee, Jr. Councilman of Ward Two 560
R. A. Nugent Councilman of Ward Four 566
A motion was made by Mr. LeBlanc and seconded by Mr. Nugent to accept returns of the
election as presented and to authorize payment to the election officials in the
amount of $188.75. All Voted Aye.
The Oath of Office was administered by the City Secretary to the Mayor, H. E. Nagel;
to the Councilman of Ward Two, Mr. Thomas E. Lee, Jr.; and to the Councilman of Ward
Four, Mr. R. A. Nugent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the follow-
ing Resolution commending former Councilman Carl N. LeBlanc for his service to the
City of Nederland during the last six (6) years. All Voted Aye.
R E S O L U T I O N
WHEREAS, the Nederland City Council desires to pay tribute to Mr. Carl N. "Cropo"
LeBlanc; and,
WHEREAS, Mr. LeBlanc has contributed much time and unselfish effort in behalf of
many Community accomplishments to establish a greater Nederland; and,
WHEREAS, he has served as Councilman of Ward Two for the past six (6) years in a
sincere, honest and efficient manner; and,
WHEREAS, he has served as President of the Nederland Chamber of Commerce; and,
WHEREAS, he has served as President: of the South East Texas Regional Planning
Commission:
NOW, THEREFORE, Be It Resolved, that the City Council of the City of Nederland, as
an expression of thanks on behalf of the citizens of said City, commends
and recognizes Mr. Carl N. "Cropo" LeBlanc, for his interest and for his
loyal and outstanding service to the City of Nederland.
PASSED AND APPROVED, by the City Council of the City of Nederland, Texas, at a
1
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Minutes Continued, April 4, 1978
Regular Meeting held the 4th day of April, A. D., 1978.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
R. A. "DICK" NUGENT
SAM GILLESPIE
THOMAS E. LEE, JR.
DAVID C. PERRELL
W. EVERETT SANDERSON
AUSTIN W. SATTLER
BILLY NEAL
J. B. MCKINNEY
D. B. HENSON
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following
Amendment to Ordinance No. 164 setting regular meeting dates of the City Council in
accordance with Section 3.11 of the City Charter. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING
TO BE HELD FROM APRIL 11, 1978, THROUGH APRIL 10, 1979.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
That the following dates will be and are hereby regular meeting nights for
the meeting of the City Council of the City of Nederland. All of the below
regular meetings shall begin at 6:30 P. M. on each of the following dates:
April 11, 25
May 9, 23
June 13, 27
July 11, 25
August 8, 22
September 12, 26
October 10, 24
November 14, 28
December 12, 26
January 9, 23
February 13, 27
March 13, 27
April 10
Any and all ordinances of the City of Nederland, Texas, which conflict with any
provisions of this amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council at a regular meeting, this the 4th day of
April, 1978.
ATTEST:
ALTA FLETCHER HOMER E. NAGEL
Alta Fletcher, City Secretary Homer E. Nagel, Mayor
City of Nederland, Texas City of Nederland, Texas
176
Minutes Continued, April 4, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent to call a Public Hearing
for 6:30 P. M., April 11, 1978, for the purpose of (1) adopt citizen participation ,
plan (2) authorize pre - application preparation and (3) schedule Public Hearing for
April 25, 1978; all to apply for Federal Community Development Block Grant. All
Voted Aye.
Discussion items were as follows:
1. Question of sufficient right -of -way on Detroit to put lights behind stadium at
football stadium.
2. Election of Mayor Pro -Tem at next meeting.
3. Award of bid on signs still in abeyance.
4. Reauthorize sewer line rodding.
5. Fire fighting agreement.
6. Fire Zone Regulations.
7. Inspection of facilities.
8. Employee Appreciation Banquet.
9. Replacement of Mr. LeBlanc on Regional Planning Commission.
10. Final payment to Winter King for Police Station Annex.
11. City Official's trip to New York.
12. Amendment to Alcoholic Beverage Ordinance No. 70.
The meeting was adjourned at 7:25 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. Nagel, or '
City of Nederland, Texas
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 11, 1978
Aft, 1
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 4, 1978 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action concerning
the requested rate increase by Southwestern Bell Telephone Company and to refer this
request to Mr. Don Butler of the Texas Municipal League Utility Council. All Voted
Aye.
Sealed bids were received, opened, and read for a sanitary sewer line along Detoit
Avenue from 17th Street to 24th Street. Bidders were: Golden Triangle Construction
Company - $99,986.00; Bella Company - $204,369.34; Robert Blackshear Company -
$116,010.00; and Mar -Len, Inc. - $118,406.00.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for a
' sanitary sewer line along Detroit Avenue from 17th Street to 24th Street to Golden
Triangle Construction Company on the basis of their low bid of $99,986.00. All Voted
Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize an adjust-
ment in the assessed value of Union Oil Company properties for the 1976 -77 tax year
in the amount of $1,302,083.00 resulting in a total assessed valuation of $61,909,350
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Notice of Sale,
official statement, and bid forms authorizing bids on sale of bonds 7:30 P. M.,
April 25, 1978, for $3,000,000 General Obligation Bonds and $1,450,000 Water and
Sewer Revenue Bonds. All Voted Aye.
A Public Hearing was conducted on a proposed Amendment to Alcoholic Beverage Ordinance
No. 70 as authorized March 14 by City Council action and notice published in Nederland
Review on March 22 and March 29. Mrs. Gladys Broussard and Mrs. E. J. Prejean were
present to speak in favor of the Amendment. No opposition was made known.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve adoption of the
following Amendment to Ordinance No. 70. All Voted Aye.
AMENDMENT TO ORDINANCE NO. 70
' AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY LIMITS OF THE
CITY OF NEDERLAND EXCEPT WITHIN CERTAIN AREAS: THE SAID AREAS ARE LOCATED WITHIN THE
PRECINCTS OF JEFFERSON COUNTY, TEXAS, WHICH WERE VOTED WET DURING AN ELECTION HELD
NOVEMBER 4, 1958; PROVIDING FOR SPECIFICATIONS PERMITTING THE SALE OF ALCOHOLIC
1 " "S
Minutes Continued, April 11, 1978
BEVERAGES IN THOSE AREAS WHICH WERE NOT MADE DRY BY THIS ORDINANCE; PROVIDING FOR
TIME FOR SALE; PROVIDING FOR FEES FOR PERMITS; PROVIDING FOR PENALTYS FOR VIOLA-
TIONS I
OF THIS ORDINANCE; PROVIDING FOR PUBLICATION, AS REQUIRED BY LAW; AND PRO-
VIDING AN EFFECTIVE DATE OF THIS AMENDMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
ARTICLE 2.
BEER AND WINE LICENSES
e. Any person desiring a license as a manufacturer, distributor, or retail
dealer, shall make application therefor to the assessor and collector of taxes by
filing with said officer a true and correct copy of the petition required to be
filed by the applicant with the county judge, in order to obtain a state license.
Upon receiving satisfactory evidence that the applicant has been duly licenses by
the state and on receipt of the proper license fee required by this ordinance, the
assessor and collector of taxes shall forthwith issue to the applicant the proper
license, which shall be signed by him, be under the seal of his office, be dated,
state on its face for what purpose it is issued, date when it will expire, by whom
and where such business is to be conducted, describe the place where same is kept
and whether licensee is authorized to act as manufacturer, general distributor,
local distributor, or retail dealer of beer as set out in the application. All
applications for license for on- premises consumption shall be submitted to the
City Council on or before the 1st day of June or the 1st day of December of each
year. Said applications shall be reviewed by the City Council and action shall be
taken on the applications submitted on or before the 1st day of June during the
month of June and on the applications submitted on or before the 1st day of
'
December during the month of December of the year in which said application is
submitted and the Council will then instruct the City Tax Assessor and Collector
to either issue or reject said application for permit for on- premises consumption.
If the permit is granted, the permit shall become effective on the first day of
July or the first day of January of the year following the month in which the
application for permit was submitted.
f. Any license issued under the terms of this article shall terminate on
December 31, and no license shall be issued for a longer term than one year. Any
such license may be renewed by written application of the licensee filed with the
assessor and collector of taxes nor more than sixty days prior to the date of
expiration of any license held by him. Such application shall be in writing, signed
by the applicant and be in the same form as required to be filed by the applicant
with the Tax Collector of the county in order to renew his state license. Upon
the presentation of such application for renewal of license, together with the sums
required by this ordinance for an annual license, and the presentation of the re-
newal license issued to applicant by the state, the assessor and collector of
taxes shall forthwith issue such renewal license in proper form. All applications
for permits for on- premises sales shall be reviewed by the City Council during
the month of December and either renewed or rejected.
J. The times that it shall be lawful for any person to sell, or offer
for sale, beer within the City shall be those times that are set out in the laws '
of the State of Texas.
ARTICLE 4.
a. Any person violating any of the provisions of this ordinance shall,
179
Minutes Continued, April 11, 1978
upon conviction, be fined not more than two hundred and no /100 dollars. Such person
shall be deemed guilty of a separate offense for each day during any portion of
which any violation of the provisions of this ordinance is committed, continued, or
permitted.
b. This being an Ordinance which carries a penalty for violation thereof,
shall become effective after the caption of this ordinance has been published in
the official newspaper of the City on two separate occasions.
c. 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 been enacted, notwithstanding such unconstitutional
portion thereof.
PASSED by the City Council of the City of Nederland this 11th day of
April, 1978.
HOMER E. NAGEL
MAYOR
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing approval of
Highland North Estates Addition, Unit 2, in accordance with Ordinance No. 121 and
Ordinance No. 223. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer that Mr. R. A. Nugent be
appointed Mayor Pro -Tem, in accordance with Section 3.07 of the City Charter. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to appoint Mr. Sam Gillespie
with Mr. T. E. Lee to serve as an Alternate on the Executive Committee of the
South East Texas Regional Planning Commission for the balance of the term of former
Councilman Carl "Cropo" LeBlanc. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Lee authorizing advertisement
for sewer line cleaning bids to be received 6:30 P. M., May 9, 1978, on 28
locations as recommended by Mr. Kenneth Meaux. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee that we award the bids for
traffic signs to the Price "Barracade" and Signal Company on the basis of their low
bid of $5,539.25, and to award the bid for sign posts to Sargent - Sowell on the basis
of their low bid of $5,064.00. All Voted Aye.
A Public Hearing was conducted for the purpose of obtaining the views and proposals
' of citizens, particularly low and moderate income persons, members of minority
groups, and residents of blighted areas, with regard to the determination of
priorities and community development and housing needs to be included in a pre-
Minuted Continued, April 11, 1978
application for a Community Development Block Grant to be prepared and submitted
to the Department of Housing and Urban Development (HUD). The Public Hearing was
held in accordance with a Citizen Participation Plan available at Nederland City I
Hall, City Manager's Office.
A motion was made by Mr. Lee and seconded by Mr. Sawyer, regarding the Community
Development Block Grant, to (1) adopt citizen participation plan (2) authorize
pre - application preparation of items of Mr. Caldwell's recommendation in Central
Business Area, and (3) authorize Public Hearing for 6:30 P. M., April 25, 1978,
for finalizing the application documents.
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY OF NEDERLAND TO PREPARE A PREAPPLICATION FOR
GRANT FUNDS UNDER TITLE I OF HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,
APPOINTING D. B. HENSON AS TEMPORARY COMMUNITY DEVELOPMENT DIRECTOR TO PREPARE
SUCH APPLICATION, AND ADOPTING THE ATTACHED CITIZEN PARTICIPATION PLAN FOR COMMUNITY
DEVELOPMENT.
WHEREAS, the Federal Government has made available grant funds through Title I of
the Housing and Community Development Act of 1974; and
WHEREAS, such grant funds may be used for a variety of Community Development
activates and purposes; and
WHEREAS, the City desires as much citizen participation as is feasible in the
development and preparation of its Community Development application.
NOW, THEREFORE BE
ITS CITY COUNCIL,
IT RESOLVED, BY
THE CITY OF NEDERLAND, ACTING BY AND THROUGH
Section 1. That,
the City of Nederland prepare a Community Development program
and preapplication to
be submitted to the Department of Housing and
Urban
Development for
such above mentioned funds; and
Section 2. That, D. B. Henson be the City's temporary Community Development
Director to prepare .such application and perform such other duties
as required by such ,Act and regulations pertaining hereto; and
Section 3. That, the City hereby adopt the Citizen Participation Plan for
Community Development attached hereto.
PASSED AND APPROVED on the 11th day of April, 1978, at a regular duly called
meeting of the City Council of the City of Nederland.
APPROVED:
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary '
City of Nederland, Texas
Minutes Continued, April 11, 1978
CITY OF NEDERLAND, TEXAS
' CITIZEN PARTICIPATION PLAN
APRIL 11, 1978
INTRODUCTION
It is the purpose and intent of this Plan to meet all requirements of the
Community Development Block Grants, Small Cities Program, relative to citizen
participation.
GENERAL
Citizen participation shall include involvement in:
(1) The determination of priorities, the development of the community
development and housing strategy and the Housing Assistance Plan;
(2) Subsequent admendments to the Community Development Program and
the Housing Assistance Plan; and
(3) The process of planning, implementing and assessing the Community
Development Program and performance.
THE PLAN
The views and proposals of the citizens; particularly low- and moderate-
, income persons, members of minority groups and residents of blighted areas
and neighborhoods where activites are proposed or ongoing, shall be solicited and
responded to in a timely manner. Written views and proposals will be responded
to in a timely manner. Written views and proposals will be responded to in
writing within three days. Verbal views and proposals will be verbally responded
to immediately.
Public Hearings will be held on the preapplication at 6:30 P.M., on April 11,
and April 25, 1978, at Nederland City Hall, which is the regular City Council
meeting time and place. Additional hearings may be scheduled if a need for them
arises. Notice of Public Hearings will be published in a newspaper of general
circulation in the community at least three days prior to Public Hearing. The
Public Hearing shall be the primary method of involving citizens in the development
of both the preapplication and the application; however, citizens may write to or
visit the City Manager to express views or present proposals.
All program information is available for public access at the office of the
City Manager. Affirmative efforts to get adequate information to citizens shall
be provided, particularly for persons of low- and moderate - income and residents
of blighted neighborhoods and project areas, through the use of news releases,
and if necessary for residents of proposed project areas, by letter.
Citizens shall be involved in amendments, budget revisions and changes to
the Community Development Program and the Housing Assistance Plan by making all
such at Public Hearings.
' Citizens shall be involved in planning, implementing and assessing the
Community Development Program and performance by presenting all matters pertaining
thereto at officially scheduled public meetings.
Minutes Continued, April 11, 1978
If an advisory committee is created or used, it will have a percentage of
low- and moderate - income persons and minorities equal to or greater than the I
percentage existing in the community as a whole.
If non - english speaking citizens come to Public Hearings, a translator will
be provided.
The City of Nederland will fulfill requirements for citizen participation in
each stage of the application process as follows:
(1) Preapplication stage. (i) Prior to the preparation of the preapplication,
the applicant shall, in accordance with the written plan, make available the following
information:
(A) The total amount of Single Purpose funds to be applied for by the
applicant for community development:;
(B) The range of activities that may be undertaken with these funds, the
kind of activates previously funded in the community (if applicable) and the progress
made with respect to these activities;
(C) The fact that more preapplications will be submitted to HUD than can be
funded;
(D) The processes to be followed in soliciting and responding to the views
and proposals of citizens in a timely manner; and
(E) A summary of other important program requirements. '
(ii) A certificate of assurance shall be submitted with the preapplication
assuring that all appropriate requirements have been met.
(2) Application stage. Prior to the submission of the full application, the
applicant shall, in accordance with. the written plan::
(i) Assure that citizen participation has taken place with regard to the
determination of priorities and community development: and housing needs;
(ii) Provide adequate notices of public hearings;
(iii) Hold hearings on the proposed application before adoption of a resolution
or similar action by the local governing body authorizing the filing of the application.
Time and place of these two public hearings will be at City Council Meetings, with
additional meetings scheduled as required. Notice of.` all Public Hearings will be
published in a newspaper of general circulation in the community at least three days
prior to the Public Hearing.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
final payment on the Police Station /Courtroom Annex to Winter King & Son, Inc., in
the amount of $31,362.28. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to '
monthly bills for the month of March, 1978, in the amount of $51,612.51 by General
Fund Checks No. 721 -802 and $18,940.79 by Water Fund Checks No. 2901 -2935. All voted Aye.
� .
Minutes Continued, April 11, 19781
Discussion items were as follows:
' 1. Clean -up of apartments on Atlanta Avenue and 18th Street.
2. Stop sign at 31st Street and Verna Drive.
3. Driveway Program.
4. Mid County Municipal League meeting.
5. Recommendations for 1979 Heritage Festival.
6. Employee Appreciation Dinner.
7. Water and sewer services outside City Limits.
8. Rate increase for Business Men's Assurance Company.
9. Abandoned vehicle program.
The meeting was adjourned at 9:15 P. M.
ATTEST:
L6.e-i2 i �f!,222L,4 /
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
H E. Nagel, Mayor c
City of Nederland, Texas
A 84
REGULAR MEETING OF THE CITY COUNCIL OF THE
I
CITY OF NEDERLAND
April 25, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 April 11, 1978, as written. All Voted Aye.
A Public Hearing was conducted in accordance with a Citizen Participation Plan for
the purpose of obtaining the views and proposals of citizens, particularly low and
moderate income persons, members of minority groups, and residents of blighted areas,
with regard to the determination of priorities and community development and housing
needs to be included in a preapplication for a Community Development Block Grant to
be prepared and submitted to the Department of Housing and Urban Development (HUD).
Approximately 40 citizens were in attendance.
A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize the City
Manager and his staff to prepare pre - application for a Community Development Block
Grant through the U. S. Department of Housing and Urban Development in accordance
with the regulations for the May 9 meeting. All Voted Aye. '
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the following
amended agreement with Hillcrest Baptist Church and the Nederland American Little
League providing for recreational facilities upon the chuch property situated in
the 3500 block of Avenue "H ". All Voted Aye.
AN AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
An agreement between Hillcrest Baptist Church, Nederland American Little
League, and the City of Nederland providing for recreational facilities upon
church property situated in the 3500 block of Avenue "H ".
This agreement between the Hillcrest Baptist Church and the City of Nederland
is entered into upon the following terms and conditions to -wit:
1. That Hillcrest Baptist Church will provide property for Little League
ballparks at this location;
2. That the City of Nederland will provide necessary utilities including
the electric bill, the gas bill, and the water and garbage service not
to exceed $800.00 per year total; '
3. That the term of this lease will be for a period of one (1) year from
the date hereof with a one (1) year option for renewal; `
4. That either party, Hillcrest Baptist Church or City of Nederland, may
1
r�
Minutes Continued, April 25, 1978
cancel this lease by giving the other party written notice of thirty (30)
days prior to the date of cancellation, and such written notice shall be
mailed to the following addresses:
City of Nederland Hillcrest Baptist
P. 0. Box 967 3324 Park Drive, P. 0. Box 1385
Nederland, Texas 77627 Nederland, Texas 77627
5. That the City of Nederland will compensate Hillcrest Baptist Church in
the amount of $10.00 per year as a consideration for providing these
facilities for public use;
6. That the Hillcrest Baptist Church maintain control over the activities
through their designated agents such as the Nederland American Little
League or others and may set times that playing will be prohibited on
these ballparks;
7. That the Nederland American Little League agrees to and will hold harm-
less" the Hillcrest Baptist Church and the City of Nederland from any
damages or other liabilities which might arise from the use of these
facilities.
8. Nederland American Little League agrees to maintain and provide proof
that it has enforce adequate insurance to "hold harmless" the Hillcrest
Baptist Church and the City of Nederland from any damages or other
liabilities which might arise from the use of these facilities.
Approved by authorized representatives of the City of Nederland and Hillcrest
Baptist Church this the Fifth day of April, 1978, A. D.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Endorsed by American Little
League Officials:
RONNIE M. WESTBROOK
MARK FOREY, SECRETARY
JERRY SOURDELLIA
KENNETH DEVILLIER
JACK F. OZMENT
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
TRUSTEES, HILLCREST BAPTIST CHURCH:
ROBERT L. BEESON
HENRY MAE BLANCHARD
W. L. TEMPLE
Bids were received and opened for the purpose of considering proposals and
authorizing sale of bonds as approved at the election of December 10, 1977.
FOR WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1978:
Minutes Continued, April 25, 1978
Bidding Syndicate
Underwood Neuhaus & Co., Inc.
Merrill, Lynch, Pierce, Fenner and Smith, Inc. & Assoc
Goldman, Sachs and Co.
Rauscher Pierce Securities Corp.
E. F. Hutton and Co.
FOR PERMANENT IMPROVEMENT BONDS:
Cullen Center Bank & Trust
First National Bank in Dallas
Rauscher Pierce Securities Corp.
Underwood Neuhaus & Co., Inc.
Republic National Bank of Dallas
First City National Bank of Houston
Effective Interest Rate
6.144614
6.1673
6.130393
6.145475
6.212424
5.327042
5.3431
5.305947
5.212807
5.3426
5.153411
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt Ordinance No. 310
and Ordinance No. 311 as follows: All Voted Aye.
MINUTES PERTAINING TO PASSAGE AND ADOPTION OF AN ORDINANCE AUTHORIZING THE
ISSUANCE OF $3,000,000 "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT BONDS,
SERIES 1978 ", DATED MAY 1, 1978
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
CITY OF NEDERLAND I
ON THIS, the 25th day of April, 1978, the City Council of the City of Nederland,
Texas, convened in regular session at the regular meeting place thereof in the City
Hall, the meeting being open to the public and notice of said meeting having been
given as prescribed by Article 6252 -17, Section 3A, V.A.T.C.S., with the following
members being present and in attendance, to wit:
HOMER E. NAGEL MAYOR
R. A. NUGENT )
E. T. GILLESPIE ) COUNCILMEN
TOM LEE, JR. )
R. D. SAWYER )
and with the following absent: NONE
constituting a quorum; and among other business considered at said meeting, an
ordinance was submitted to the City Council for passage and adoption, such ordinance
being entitled as follows:
ORDINANCE NO. 310
" AN ORDINANCE by the City Council of the City of Nederland, Texas, authorizing
the issuance of $3,000,000 "City of Nederland, Texas, Permanent Improvement Bonds,
Series 1978 ", dated May 1, 1978, for the purpose of making permanent public
improvements, to wit: $2,750,000 for street improvements, including drainage and
sidewalk improvements incident thereto and $250,000 for park improvements; pre-
scribing the form of the bonds and the form of the interest coupons; levying a
7
I �_' r
Minutes Continued, April 25, 1978
continuing direct annual ad valorem tax on all taxable property within the
limits of said City to pay the interest on said bonds and to create a sinking
fund for the redemption thereof and providing for the assessment and collection
of taxes; and enacting provisions incident and relating to the purpose and
subject of this ordinance and providing an effective date."
The ordinance was read in full. Thereupon Councilman Nagel made a motion that
the ordinance be passed and adopted finally. The motion was seconded by Councilman
Sawyer and carried by the following vote:
AYES: Mayor Nagel, Councilmen Nugent, Gillespie, Lee, and Sawyer.
NO: None.
The Presiding Officer announced that the ordinance had been finally passed and
adopted.
MINUTES APPROVED, this the 25th day of April, 1978.
ATTEST: HOMER E. NAGEL
Mayor, City of Nederland, Texas
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
(City Seal)
ORDINANCE NO. 310
AN ORDINANCE by the City Council of the City of Nederland, Texas,
authorizing the issuance of $3,000,000 "City of Nederland, Texas,
Permanent Improvement Bonds, Series 1978 ", dated May 1, 1978, for
the purpose of making permanent public improvements, to wit:
$2,750,000 for street improvements, including drainage and side-
walk improvements incident thereto and $250,000 for park improve-
ments; prescribing the form of the bonds and the form of the
interest coupons; levying a continuing direct annual ad valorem
tax on all taxable property within the limits of said City to pay
the interest on said bonds and to create a sinking fund for the
redemption thereof and providing for the assessment and collection
of taxes; and enacting provisions incident and relating to the
purpose and subject of this ordinance and providing an effective
date.
WHEREAS, pursuant to an election held on the 10th day of December, 1977, the
City Council of the City of Nederland, Texas became authorized and empowered to
issue general obligation bonds of the City for the purpose of making permanent
public improvements, to wit:
$7,050,000 for street improvements, including drainage and sidewalk improvement:
1 incident thereto,
1,100,000for park improvements, and
130,000 for the expansion of library facilities;
1 (i C,
Minutes Continued, April 25, 1978
AND WHEREAS, this City Council has determined that a portion of the general
obligation bonds authorized at said election ($2,750,000 for street improvements
and $250,000 for park improvements) should now be issued and sold in one install-
ment; and
WHEREAS, this Council hereby expressly reserves the right to issue the remain-
ing amount of general obligation bonds authorized at said election in one or more
installments at such time and in such manner as the Council shall determine; now,
therefore,
BE IT ORDAINED BY THE CITY OUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: That, for the purpose of making permanent public improvements,
to wit: $2,750,000 for street improvements, including drainage and sidewalk improve-
ments incident thereto and $250,000 for park improvements, the City Council of the City
of Nederland, Texas, has determined that there shall be issued and there is hereby
ordered to be issued general obligation bonds of said City in the total principal
amount of THREE MILLION DOLLARS ($3,000,000) to be known as "City of Nederland, Texas,
Permanent Improvement Bonds, Series 1978 ", under and by virtue of the Constitution
and laws of the State of Texas and pursuant to authority conferred at the aforesaid
election and the City Charter.
SECTION 2: That said bonds shall be dated May 1, 1978, shall be numbered
consecutively from One (1) through Six Hundred (600), shall each be in the denomi-
nation of Five Thousand Dollars ($5,000), and shall become due and payable
serially on May 1 in each of the years and bear interest at the per annum rates '
in accordance with the following schedule:
Bond Numbers Interest
(All Inclusive) Year Maturity Rate
1 to 17 1979 $ 85,000 6 3/4%
18 to 35 1980 90,00() 6 3/4%
36 to 54 1981 95,000 6 3/4%
55 to 74 1982 100,000 6 3/4%
75 to 95 1983 105,000 6 3/4%
96 to 118 1984 115,000 5
119 to 142 1985 120,000 4 3/4%
143 to 167 1986 125,000 4 3/4%
168 to 193 1987 130,000 4 3/4%
194 to 221 1988 140,000 4 3/4%
222 to 250 1989 145,000 4.85
251 to 281 1990 155,000 4.90
282 to 314 1991 165,000 4.95
315 to 349 1992 175,000 5
350 to 385 1993 180,000 5.05
386 to 423 1994 190,000 5.15
424 to 464 1995 205,000 5 1/4%
465 to 507 1996 215,000 5 1/4%
508 to 552 1997 225,000 5 1/4%
553 to 600 1998 240,000 5 1/4% ,
PROVIDED, HOWEVER, that the City of Nederland, Texas, reserves the right to redeem
the bonds of this series maturing on May 1, 1994, and subsequent, in whole or in
part (but in inverse numerical order if less than all), on May 1, 1993, or any
Minutes Continued, April 25, 1978
interest payment date thereafter, at the price of par and accrued interest to the
date fixed for redemption; PROVIDED FURTHER, that at least thirty (30) days prior
to a date any of said bonds are to be redeemed, a notice of redemption, signed by
the City Secretary (specifying the serial numbers and amount of bonds to be redeemed)
shall have been filed with FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas and
NEDERLAND STATE BANK, Nederland, Texas (the paying agents named in each of said
bonds); and if by the date so fixed for redemption the City shall have made avail-
able funds in amounts sufficient to pay the bonds to be redeemed and accrued interest
thereon, any bond or bonds not presented for redemption pursuant to such notice shall
cease to bear interest from and after the date so fixed for redemption.
SECTION 3: That the bonds of said series shall bear interest from date until
maturity at the rates shown above, such interest to be evidenced by proper coupons
attached to each of said bonds and said interest shall be payable on November 1,
1978, and semiannually thereafter on May 1 and November 1, in each year.
SECTION 4: That both principal of and interest on this issue of bonds shall
be payable in lawful money of 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 the NEDERLAND STATE
BANK, Nederland, Texas, upon presentation and surrender of bonds or proper coupons.
SECTION 5: That the seal of said City may be impressed on each of said bonds,
or in the alternative, a facsimile of such seal may be printed on the said bonds.
The bonds and interest coupons appurtenant thereto may be executed by the imprinted
facsimile signatures of the Mayor and City Secretary of the City, and execution in
such manner shall have the same effect as if such bonds had been signed by the
Mayor and City Secretary in person by their manual signatures. Inasmuch as such
bonds are required to be registered by the Comptroller of Public Accounts for the
State of Texas, only his signature (or that of a deputy designated in writing to
act for the Comptroller) shall be required to be manually subscribed to such bonds
in connection with his registration certificate to appear thereon, as hereinafter
provided; all in accordance with the provisions of Article 717j -1, V.A.T.C.S.
SECTION 6: That the form of said bonds shall be substantially as follows:
NO. UNITED STATES OF AMERICA $5,000
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND, TEXAS, PERMANENT
IMPROVEMENT BOND, SERIES 1978
The CITY OF NEDERLAND, a municipal corporation of the State of Texas, acknowl-
edges itself indebted to and, FOR VALUE RECEIVED, hereby promises to pay to bearer,
the sum of
FIVE THOUSAND DOLLARS
($5,000), in
lawful money of the United States of America, on the
FIRST DAY OF MAY,
19 with
interest thereon from the date hereof to maturity at
the rate of
PER CENTUM ( %) per annum, payable on November 1, 1978, and
semiannually
thereafter on May 1 and November 1 in each year, and
interest falling
Minutes Continued, April 25, 1978
due on or prior to maturity hereof= is payable only upon presentation and surrender
of the interest coupons hereto attached as they severally become due.
BOTH PRINCIPAL OF AND INTEREST ON this bond aria hereby made payable at the
FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder,
at the NEDERLAND STATE BANK, Nederland, Texas, without exchange or collection
charges to the owner or holder, and for the prompt payment of this bond and the
interest thereon at maturity, the full faith, credit and resources of the City of
Nederland, Texas, are hereby irrevocably pledged.
THIS BOND is one of a series of six hundred (600) serial bonds, numbered
consecutively from One (1) through Six Hundred (600), each in the denomination of
Five Thousand Dollars ($5,000), aggregating in principal amount THREE MILLION DOLLARS
($3,000,000), issued for the purpose of making permanent public improvements, to wit:
$2,750,000 for street improvements, including drainage and sidewalk improvements,
under authority of the Constitution and laws of the State of Texas, and pursuant to
the Charter of the City and an ordinance adopted by the City Council of the City of
Nederland, Texas, and duly recorded in the minutes of said City Council.
AS SPECIFIED in the ordinance: hereinabove mentioned, said City reserves the right
to redeem the bonds of said series, maturing in each of the years 1994 through 1998, in
whole or in part (but in inverse numerical order if less than all), on May 1, 1993, or
on any interest payment date thereafter at the price of par and accrued interest to
the date fixed for redemption; PROVIDED HOWEVER, that at least thirty (30) days prior
to a date any of said bonds are to be redeemed, a notice of redemption signed by the
City Secretary (specifying the serial numbers and amount of bonds to be redeemed)
shall have been filed with the FIRST CITY NATIONAL HANK OF HOUSTON, Houston, Texas,
and the NEDERLAND STATE BANK, Nederland, Texas; and if by the date so fixed for
redemption the City shall have made available funds in amounts sufficient to pay the
bonds to be redeemed and accrued interest thereon, any bond or bonds not presented
for redemption pursuant to such notice shall cease to bear interest from and after
the date so fixed for redemption.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTEI) that the issuance of this bond
and the series of which it is a part is duly authorized by law and by an election
held for that purpose in said City; that all acts, conditions, and things required
to be done precedent to and in the issuance of this series of bonds and of this
bond, have been properly done and performed, and have happened in regular and due
time, form and manner as required by law; that sufficient and proper provision for
the levy and collection of taxes has been made which, when collected, shall be
appropriated exclusively to the payment of this bond and the series of which it is
a part, and to the payment of the interest coupons thereto annexed as the same shall
become due; and that the total indebtedness of the City of Nederland, Texas, including
the entire series of bonds of which this is one does not exceed any constitutional
or statutory limitation.
IN TESTIMONY WHEREOF, the City Council of Nederland, Texas, in accordance with
the provisions of Article 717j -1, V.A.T.C.S. has caused the seal of said City to be
impressed or a facsimile thereof to be printed hereon, and this bond and its appur-
tenant coupons to be executed with the imprinted facsimile signatures of the Mayor
and City Secretary of said City; the date of this bond in conformity with the ,
ordinance above referred to being the FIRST DAY OF MAY, 1978.
COUNTERSIGNED: H. E. NAGEL
Mayor, City of Nederland, Texas
ALTA FLETCHER
City Secretary, City of Nederland, Texas
J
1
1
Minutes Continued, April 25, 1978
SECTION 7: That the form of interest coupons attached to each of said bonds
shall be substantially as follows:
NO.
ON THE FIRST DAY OF
. 19
S
*(unless the bond to which this coupon pertains has been redeemed in accordance
with its terms) the City of Nederland, County of Jefferson, State of Texas, hereby
promises to pay to bearer the amount shown hereon in lawful money of the United
States of America, upon presentation and surrender of this 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, without exchange or collection charges,
such amount being interest due on such date on "CITY OF NEDERLAND, TEXAS, PERMA-
NENT IMPROVEMENT BOND, SERIES 1978 ", dated May 1, 1978. Bond No.
ALTA FLETCHER
City Secretary
HOMER E. NAGEL
Mayor
*NOTE TO PRINTER: The expression in parentheses to be included only in coupons
maturing November 1, 1993 and subsequent pertaining to optional bonds maturing in
the years 1994 through 1998.
SECTION 8: That the following certificate shall be printed on the back of
each bond:
OFFICE OF THE COMPTROLLER X
REGISTER NO.
STATE OF TEXAS X
I HEREBY CERTIFY that there is on file and of record in my office a certifi-
cate of the Attorney General of the State of Texas, to the effect that this bond
has been examined by him as required by law and that he finds that it has been
issued in conformity with the Constitution and laws of the State of Texas, and
that it is a valid and binding obligation upon said 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 for the
State of Texas
SECTION 9: That to provide for the payment of the debt service requirements
on the said bonds, being (i) the interest on said bonds and (ii) a sinking fund
for their redemption at maturity or a sinking fund of 2% (whichever amount shall
be greater), there shall be and there is hereby levied for the current year and
each succeeding year thereafter while said bonds or interest thereon shall remain
outstanding and unpaid, a sufficient tax on each one hundred dollars' valuation
of taxable property in said City, adequate to pay such debt service requirements,
full allowance being made for delinquencies and costs of collection; said tax
shall be assessed and collected each year and applied to the payment of the said
debt service requirements, and the same shall not be diverted to any other purpose.
The taxes so levied shall be paid into a fund known as "SPECIAL SERIES 1978
PERMANENT IMPROVEMENT BOND FUND, which is hereby established for the payment of
the obligations herein authorized. The City Council hereby declares its purpose
Minutes Continued, April 25, 1978
and intent to provide and levy a tax legally and fully sufficient for such bonds,
it having been determined that the existing and available taxing authority of the
City for such purpose is adequate to permit a legally sufficient tax in consider-
'
ation of all other outstanding obligations.
PROVIDED, HOWEVER, in regard to the installment of interest to become due on
the bonds herein authorized on November 1, 1978, the City has on deposit in the
General Fund sufficient funds which are legally available and unappropriated for
any other purpose; and immediately following the delivery of the bonds, the pro-
per officials of the City are hereby authorized and directed to transfer from the
General Fund of the City and deposit in the Special Series 1978 Permanent Improve-
ment Bond Fund, an amount, which, together with the accrued interest received
from the purchaser of the bonds, will be sufficient to pay the installment of
interest to become due on the bonds on November 1, 1978.
SECTION 10: That the sale of the bonds herein authorized to First City
National Bank of Houston at the price of par and accrued interest to date of
delivery, plus a premium of $ -0- is hereby confirmed. Delivery of the bonds
_,
shall be made to such purchasers as soon as may be after the adoption of this
ordinance, upon payment therefor in accordance with the terms of sale.
SECTION 11: That the purchasers obligation to accept delivery of the bonds
herein authorized is subject to their being furnished a final opinion of Messrs.
Dumas, Huguenin, Boothman and Moorow, Attorneys, Dallas, Texas, approving such
bonds as to their validity, said opinion to be dated and delivered as of the
date of delivery and payment for such bonds. Printing of a true and correct
copy of said opinion on the reverse side of each of such bonds, with appropriate
,
certificate pertaining thereto executed by facsimile signature of the City
Secretary of the City of Nederland, Texas, is hereby approved and authorized.
SECTION 12: That the City hereby covenants that the proceeds from the
sale of said bonds will be used as; soon as practicable for the purpose for which
said bonds are issued; that such proceeds will not be invested in any securities
or obligations except for the temporary period pending such use; and that such
proceeds will not be used directly or indirectly so as to cause all or any part
of said bonds to be or become "arbitrage bonds" within the meaning of Section
103 (c) of the Internal Revenue Code of 1954, as amended, or any regulations or
rulings prescribed or made pursuant thereto.
SECTION 13: That the Mayor of the said City shall be and he is hereby
authorized to take and have charge: of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, and shall take and
have charge and control of the bonds herein authorized pending their approval by
the Attorney General and their registration by the Comptroller of Public Accounts.
SECTION 14: That CUSIP numbers may be printed on the bonds herein authorized.
It is expressly provided, however, that the presence: or absence of CUSIP numbers
on the bonds shall be of no significance or effect as regards the legality thereof
and neither the City nor attorneys approving said bonds as to legality are to be
held responsible for CUSIP numbers incorrectly printed on the bonds.
SECTION 15: That this ordinance shall take effect immediately and be in full
'
force and effect from and after the date of its passage and it is so ordained.
�I
Minutes Continued, April 25, 1978
PASSED AND APPROVED, this the 25th day of April, 1978.
HOMER E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
(City Seal)
MINUTES PERTAINING TO PASSAGE AND ADOPTION OF AN ORDINANCE
AUTHORIZING THE ISSUANCE OF $1,450,000 "CITY OF NEDERLAND,
TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES
1978," DATED MAY 1, 1978.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
CITY OF NEDERLAND X
ON THIS, the 25th day of April, 1978, the City Council of the City of Neder-
land, Texas, convened in regular session at the regular meeting place thereof in
the City Hall, the meeting being open to the public and notice of said meeting
having been given as prescribed by Article 6252 -17, Section 3A, V.A.T.C.S., the
following members being present and in attendance, to wit:
HOMER E. NAGEL MAYOR
R. A. NUGENT )
E. T. GILLESPIE )
TOM LEE, JR. ) COUNCILMEN
R. D. SAWYER )
and with the following absent: NONE ,
constituting a quorum; and among other business considered at said meeting, an
ordinance was submitted to the City Council for passage and adoption, such ordinance
being entitled as follows:
Ordinance No. 311
"AN ORDINANCE by the City Council of the City of Nederland, Texas,
authorizing the issuance of $1,450,000 "City of Nederland, Texas,
Waterworks and Sewer System Revenue Bonds, Series 1978," dated
May 1, 1978, for the purpose of making permanent public improve-
ments, to wit: improvements and extensions to the City's Water-
works System; as authorized by the General Laws of the State of
' Texas, particularly Article 1111 et seq., V.A.T.C.S.; prescribing
the form of the bonds and the form of the interest coupons;
pledging the net revenues of the City's combined Waterworks and
Sanitary Sewer System to the payment of the principal of and inter-
est on said bonds; enacting provisions incident and related to the
subject and purpose of this ordinance; and providing an effective date."
Minutes Continued, April 25, 1978
The ordinance was read in full. Thereupon, Councilman Nagel moved its adoption
and the motion was seconded by Councilman Sawyer. The motion carrying with it the I
adoption of the ordinance prevailed by the following vote:
AYES: Mayor Nagel and Councilmen Nugent, Gillespie, Lee and Sawyer.
NOES: None.
The Presiding Officer announced that the ordinance had been passed and adopted.
MINUTES APPROVED, this the 25th day of April, 1978.
ATTEST
ALTA FLETCHER
City Secretary, City of Nederland, Texas
(City Seal)
HOMER E. NAGEL
Mayor, City of Nederland, Texas
ORDINANCE NO. 311
AN ORDINANCE by the City Council of the City of Nederland, Texas, authorizing
the issuance of $1,450,000 "City of Nederland, Texas, Waterworks and Sewer
System Revenue Bonds, Series 1978," dated May 1, 1978, for the purpose of ,
making permanent public improvements, to wit: improvements and extensions
to the City's Waterworks System, as authorized by the General Laws of the
State of Texas, particularly Article 1111 et seq., V.A.T.C.S.; prescrib-
ing the form of the bonds and the form of the interest coupons; pledging
the net revenues of the City's combined Waterworks and Sanitary Sewer System
to the payment of the principal of and interest on said bonds; enacting pro-
visions incident and related to the subject and purpose of this ordinance;
and providing an effective date.
WHEREAS, pursuant to an election held in the City of Nederland, Texas on the 10th
day of December, 1977, revenue bonds in the total amount of $1,450,000 were approved
and authorized to be issued by the City Council to provide funds for the purpose of
making permanent public improvements, to wit: improvements and extensions to the
City's Waterworks System, such bonds to be payable from and secured by a pledge of
the net revenues derived from the operation of the City's combined Waterworks and
Sanitary Sewer System; and
WHEREAS, this Council has determined that all of the above described revenue bonds
authorized at said election should now be issued on a parity with, and equally secured
in the same manner as, the City's outstanding revenue bonds payable from and secured by
a first lien on and pledge of the net revenues of the City's combined Waterworks and
Sanitary Sewer System (hereinafter defined and identified in Section 9, and referred to,
as "previously issued bonds "); and
WHEREAS, the City Council hereby affirmatively finds and determines that all the '
terms and conditions for the issuance of additional parity bonds contained in the
ordinances authorizing the issuance of the previously issued bonds can be met and
satisfied in that: (i) each of the Funds created by the respective ordinances
195
Minutes Continued, April 25, 1978
authorizing the issuance of the previously issued bonds contains the amount of money
now required to be on deposit therein, and (ii) the net earnings of the City's
combined Waterworks and Sanitary Sewer System for each of the two fiscal years next
preceding the date of the issuance of the bonds herein authorized to be issued
are equal to at least one and one -half times the requirements of principal of and
interest on the outstanding previously issued bonds and the bonds herein authorized
to be issued, for the year when the amount of such requirements is the greatest,
as such net earnings are shown by a report of a certified public accountant; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: Authorization - Principal Amount - Desienation.
That in order to borrow
the sum of
ONE MILLION FOUR HUNDRED FIFTY THOUSAND DOLLARS
($1,450,000), for the purpose
of making permanent public improvements, to wit:
improvements and extensions
to the
City's Waterworks System, the Council of the City
of Nederland, Texas, pursuant
to authority conferred at the aforesaid election and
the General Laws of the
State of Texas, particularly Article 1111 et seq., V.A.T.C.S.
has determined that there
shall be
issued and there is hereby ordered to be issued
a series of coupon bonds
to be designated "CITY OF NEDERLAND, TEXAS, WATERWORKS
AND SEWER SYSTEM REVENUE
BONDS, SERIES 1978," aggregating the sum of ONE MILLION
FOUR HUNDRED FIFTY THOUSAND
DOLLARS
($1,450,000), which bonds, together with the
outstanding and unpaid previously
issued
bonds (hereinafter defined and identified
in Section 9), shall be
payable as
to both principal and interest solely from and
equally secured by a first
lien on
and pledge of the net revenues of the City's
'
combined Waterworks and
Sanitary Sewer System.
SECTION 2: Date -
Numbers -
Maturity - Interest Rates - Option.
That said bonds shall be
dated May
1, 1978; shall be numbered consecutively from
One (1) through Two Hundred
Ninety
(290); shall each be in the denomination of
Five Thousand Dollars ($5,000);
and
shall become due and payable serially on May 1,
in each of the years and
bear interest at per annum rates in accordance with the
following schedule:
BOND NUMBERS
INTEREST
(All Inclusive)
MATURITY
AMOUNT RATE
1 to 6
1990
$30,000 6 7/8%
7 to 16
1991
50,000 6 7/8%
17 to 27
1992
55,000 6 7/8%
28 to 38
1993
55,000 6 7/8%
39 to 50
1994
60,000 6 7/8%
51 to 63
1995
65,000 6.10
64 to 76
1996
65,000 6.10
77 to 90
1997
70,000 6
91 to 105
1998
75,000 6
106 to 121
1999
80,000 6
122 to 138
2000
85,000 6.10
139 to 156
2001
90,000 6.10
157 to 175
176 to 195
2002
2003
95,000 6.20
100,000 6
'
196 to 217
2004
110,000 6
218 to 240
2005
115,000 6
241 to 264
2006
120,000 6
265 to 290
2007
130,000 6
J_ ;
Minutes Continued, April 25, 1978
PROVIDED, HOWEVER, that the City of Nederland, Texas, reserves the right to
redeem the bonds of this series maturing on May 1, :2001, and subsequent, in whole ,
or in part (but in inverse numerical order if less than all), on May 1, 2000, or
on any interest payment date thereafter, at the price of par and accrued interest
to the date fixed for redemption; PROVIDED, FURTHER, that at least thirty (30) days
prior to a date any of said bonds are to be redeemed, a notice of redemption, signed
by the City Secretary (specifying the serial numbers and amount of bonds to be
redeemed) shall have been filed with the FIRST CITY NATIONAL BANK OF HOUSTON, Houston,
Texas, and the NEDERLAND STATE BANK, Nederland, Texas (the paying agents named in
each of said bonds); and if by the date so fixed for redemption the City shall have
made available funds in amounts sufficient to pay the bonds to be redeemed and
accrued interest thereon, any bond or bonds not presented for redemption pursuant
to such notice shall cease to bear- interest from and after the date so fixed for
redemption.
SECTION 3: Interest. That said bonds shall bear interest from date to maturity
at the per annum rates shown above, such interest to be evidenced by proper coupons
attached to each of said bonds; and said interest shall be payable on November 1, 1978
and semiannually thereafter on May 1 and November 1 in each year.
SECTION 4: Place of Payment. That both principal of and interest on this issue
of bonds shall be payable in lawful money of 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 the NEDERLAND STATE
BANK, Nederland, Texas, upon presentation and surrender of bonds or proper coupons.
SECTION 5: Execution of Bonds and Coupons. That the seal of said City may be ,
impressed on each of said bonds, or in the alternat=ive, a facsimile of such seal may
be printed on the said bonds. The bonds and interest coupons appurtenant thereto
may be executed by the imprinted facsimile signatures of the Mayor and City Secretary
of the City and execution in such manner shall have the same effect as if such bonds
and interest coupons had been signed by the Mayor and City Secretary in person by their
manual signatures. Inasmuch as such bonds are required to be registered by the
Comptroller of Public Accounts for the State of Texas, only his signature (or that
of a deputy designated in writing to act for the Comptroller) shall be required to
be manually subscribed to such bonds in connection with his registration certificate
to appear thereon as hereinafter provided, all in accordance with the provisions of
Article 717j -1, V.A.T.C.S.
SECTION 6: Form of Bonds. That the form of said bonds shall be substantially
as follows:
NO. UNITED STATES OF AMERICA $5,000
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND, TEXAS
WATERWORKS AND SEWER SYSTEM REVENUE BOND,
SERIES 1978
The CITY OF NEDERLAND, a municipal corporation of the State of Texas, acknow-
ledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to bearer,
as hereinafter stated, the sum of
FIVE THOUSAND DOLLARS
Minutes Continued, April 25, 1978
($5,000), in lawful money of the United States of America, on the FIRST DAY OF MAY,
with interest thereon from the date hereof to maturity at the rate of
PER CENTUM ( %) per annum, payable on
November 1, 1978, and semiannually thereafter on May 1 and November 1 in each year,
and interest falling due on or prior to maturity hereof is payable only upon
presentation and surrender of the interest coupons hereto attached as they sever-
ally become due.
BOTH PRINCIPAL OF and interest on this bond are hereby made payable at the
FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or at the option of the holder,
at the NEDERLAND STATE BANK, Nederland, Texas, without exchange or collection
charges to the owner or holder, and the said City of Nederland, Texas, is hereby
held and firmly bound to apply the pledged appropriated net revenues of its com-
bined Waterworks and Sanitary Sewer System to the prompt payment of principal of
and interest on this bond at maturity and to pay said principal and interest as
they mature.
THIS BOND is one of a series of Two Hundred Ninety (290) bonds, numbered
consecutively from One (1) through Two Hundred Ninety (290), each in the denomina-
tion of Five Thousand Dollars ($5,000), aggregating in principal amount ONE MILLION
FOUR HUNDRED FIFTY THOUSAND DOLLARS ($1,450,000), issued for the purpose of making
permanent public improvements, to wit: improvements and extensions to the City's
Waterworks System, in accordance with the Constitution and laws of the State of
Texas, particularly Article 1111 et seq., V.A.T.C.S., by authority expressly
conferred at an election held for that purpose within said City, and pursuant to
an ordinance passed by the City Council of the City of Nederland, Texas, and duly
recorded in the Minutes of said City Council.
AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the
right to redeem the bonds of said series maturing on May 1, 2001, and subsequent,
in whole or in part (but in inverse numerical order if less than all), on May 1,
2000, or on any interest payment date thereafter, at the price of par and accrued
interest to the date fixed for redemption; PROVIDED, HOWEVER, that at least thirty
(30) days prior to a date any of said bonds are to be redeemed, a notice of
redemption, signed by the City Secretary (specifying the serial numbers and amount
of bonds to be redeemed), shall have been filed with the FIRST CITY NATIONAL BANK
OF HOUSTON, Houston, Texas, and the NEDERLAND STATE BANK, Nederland, Texas; and if
by the date so fixed for redemption the City shall have made available funds in
amounts sufficient to pay the bonds to be redeemed and accrued interest thereon,
any bond or bonds not presented for redemption pursuant to such notice shall cease
to bear interest from and after the date so fixed for redemption.
THE DATE of this bond in conformity with the ordinance above mentioned is
May 1, 1978.
THIS BOND and the series of which it is a part constitute special obligations
of the City of Nederland, Texas, and together with the outstanding and unpaid
previously issued bonds (defined and identified in the ordinance authorizing the
issuance of the bonds of this series), are payable solely from and equally secured
by a first lien on and pledge of the net revenues of the City's combined Waterworks
and Sanitary Sewer System.
THE CITY expressly reserves the right to issue further and additional obliga-
tions in all things on a parity with the bonds of this series and the previously
issued bonds, payable solely from and equally secured by a first lienon and pledge
Minutes Continued, April 25, 1978
of the net revenue's of the City's combined Waterworks and Sanitary Sewer System;
PROVIDED, HOWEVER, that any and all of such additional obligations may be so '
issued only in accordance with and subject to the covenants, limitations, con-
ditions and restrictions relating thereto which are set out and contained in the
ordinance authorizing this series of bonds and to which ordinance reference is
hereby made for more complete and full particulars.
THE HOLDER hereof shall never- have the right to demand payment of this
obligation out of any funds raised or to be raised by taxation.
AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond and
the series of which it is a part is duly authorized by law; that all acts, con-
ditions and things required to exist and to be done precedent to and in the
issuance of this bond to render the same lawful and valid have been properly
done, have happened and have been performed in regular and due time, form and
manner, as required by the Constitution and laws of the State of Texas, and the
ordinance hereinabove mentioned; that this series of revenue bonds does not
exceed any constitutional or statutory limitation; and that 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 irrevocably pledging the net revenues of the combined
Waterworks and Sanitary Sewer System of the City of Nederland, Texas.
IN TESTIMONY WHEREOF, the City Council of the City of Nederland, Texas, in
accordance with the provisions of Article 717j -1, V.,A.T.C.S., has caused the seal
of said City to be impressed or a facsimile thereof to be printed hereon, and
this bond and its appurtenant coupons to be executed with the imprinted facsimile
signatures of the Mayor and City Secretary of said City, as of the 1st day of
May, 1978.
, City of Nederland, Texas
COUNTERSIGNED:
City Secretary
City of Nederland, Texas
SECTION 7: Coupon Form. That the form of said interest coupons shall be sub-
stantially as follows:
NO. ON THE FIRST DAY OF $
*(unless the bond to which this coupon pertains has been redeemed in accordance with
its terms), the CITY OF NEDERLAND, in the County of Jefferson, State of Texas, hereby
promises to pay to bearer the amount shown hereon in. lawful money of the United States
of America, upon presentation and surrender of this 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, without exchange or collection charges, such amount being
interest due on such date on "City of Nederland, Texas, Waterworks and Sewer System
Revenue Bond, Series 1978, dated May 1, 1978.
Bond No.
City Secretary Mayor
Minutes Continued, April 25, 1978
SECTION 8: Form of Comptroller's Certificate. That substantially the follow-
ing shall be printed on the back of each bond:
OFFICE OF COMPTROLLER X
REGISTER NO.
STATE OF TEXAS X
*NOTE TO PRINTER: The expression in parenthesis to be included only in coupons
maturing November 1, 2000 and subsequent pertaining to optional bonds maturing in
the years 2001 through 2007.
I HEREBY CERTIFY that there is on file and of record in my office a certifi-
cate of the Attorney General of the State of Texas to the effect that this bond
has been examined by him as required by law, and that he finds that it has been
issued in conformity with the Constitution and laws of the State of Texas, and
that it is a valid and binding special obligation of the City of Nederland, Texas,
payable from the revenues pledged to its payment by and in the ordinance author-
izing same, and said bond has this day been registered by me.
WITNESS MY HAND AND SEAL OF OFFICE, at Austin, Texas,
Comptroller of Public Accounts for
the State of Texas
SECTION 9: Definitions. That for all purposes of this ordinance and in
particular for clarity with respect to the issuance of the bonds herein authorized
and the pledge and appropriation of revenues therefor, the following definitions
are provided:
(a) The term "System" shall mean the City's combined Waterworks and
Sanitary Sewer System, together with any and all additions and extensions thereto
and improvements and replacements thereof hereafter constructed or acquired.
(b) The term "net revenues" shall mean the gross revenues derived from
the operation of the System less the reasonable expenses of operation and mainten-
ance of the System, including all salaries, labor, materials, repairs and exten-
sions necessary to render efficient service; provided, however, that only such
repairs and extensions as in the judgment of the City Council, reasonably and
fairly exercised, are necessary to keep the System in operation and render adequate
service to the City and the inhabitants thereof, or such as might be necessary to
meet some physical accident or condition which would otherwise impair the security
of any bonds payable from and secured by a lien on the net revenues of the System
shall be deducted in determining "net revenues ".
(c) The term "bonds" shall mean the $1,450,000 revenue bonds authorized
by this ordinance.
(d) The term "additional bonds" shall mean additional parity revenue
' bonds issued in accordance with the terms and conditions prescribed in Section 18
hereof.
(e) The term "previously issued bonds" shall mean the outstanding and
unpaid revenue bonds of the City payable from and secured by a first lien on and
pledge of the net revenues of the System, more particularly described as follows:
Minutes Continued, April 25, 1978
(i) "City of Nederland;, Texas, Waterworks and Sewer System Revenue Bonds,
Series 1953," dated July 1, 1953, originally issued in the principal
amount of $635,000. ,
(ii) "City of Nederland„ Texas, Waterworks and Sewer System Revenue Bonds,
Series 1955," dated November 1, 1955, originally issued in the principal
amount of $115,000.
(iii) "City of Nederland, Texas, Waterworks and Sewer System Revenue Bonds,
Series 1963," dated January 1, 1963, originally issued in the principal
amount of $315,000.
(f) The term "bonds similarly secured" shall mean the bonds, the previously
issued bonds and additional bonds..
(g) The term "fiscal year" shall mean the twelve month period ending September
30 of each year; provided, however, the City may change the fiscal year to another period
of not less than twelve (12) calendar months by ordinance duly passed by the City
Council, but in no event may the fiscal year be changed more than one time in any three
calendar year period.
SECTION 10: Pledge. That the City hereby covenants and agrees that all of the
net revenues of the System, with the exception of those in excess of the amounts required
to establish and maintain the special Fund or Funds created for the benefit, payment and
security of the bonds similarly secured, are hereby irrevocably pledged for the payment
of the previously issued bonds, the bonds and additional bonds, if issued, and the
interest thereon, and it is hereby ordained that the previously issued bonds, the I
bonds and the additional bonds, if issued, and the interest thereon shall constitute
a first lien upon said net revenues.
SECTION 11: Rates and Charges. The City hereby reaffirms its covenant to the
holders of the previously issued bonds and agrees with the holders of the bonds that:
(a) It will at all times charge and collect for services afforded by the
System rates sufficient to pay all operating, maintenance, depreciation,
replacement and betterment expenses, and other costs incurred in the main-
tenance and operation of the System and to pay the interest on and principal
of the previously issued bonds and the bonds and to establish and maintain
the required reserve amount in the special Fund or Funds created for the
benefit, payment and security of the bonds similarly secured.
(b) If additional bonds are issued or the System should become legally
liable for any other indebtedness, the City will fix and maintain rates
and collect charges for the services of the System sufficient to discharge
such indebtedness.
SECTION 12: Revenues of the System. The City hereby reaffirms its covenant to
the holders of the previously issued bonds and agrees with the holders of the bonds
that all revenues derived from the operation of the System shall be kept separate
and apart from other revenues of the City. All revenues of every nature received
from the operation of the System shall be deposited from day to day as collected
into a separate account or fund (hereinafter referred to as the "System Fund ") '
which shall be kept and maintained at the City's depository bank. From the moneys
deposited in the System Fund, the City shall pay the reasonable and proper main-
tenance and operating expenses of the System, as set forth in Section 9 (b) hereof,
Minutes Continued, April 25, 1978
The monthly deposits to the Interest and Sinking Fund for the payment of
principal and interest on the bonds shall continue to be made as hereinabove
provided until such time as (i) the total amount on deposit in the Interest and
Sinking Fund, including the required reserve amount, is equal to the amount
required to pay all outstanding bonds similarly secured (principal and interest)
or (ii) the bonds are no longer outstanding, i.e. fully paid as to principal and
interest or refunded.
Accrued interest and premium, if any, received from the purchaser of the bonds,
as well as any proceeds of the bonds not required to complete the improvements
and extensions to be made to the System for which the bonds are being issued,
shall be deposited to the Interest and Sinking Fund, and may be taken into consid-
eration and reduce the amount of the monthly deposits hereinabove provided which
would otherwise be required to be deposited in the Interest and Sinking Fund
' from the net revenues of the System.
The City also covenants and agrees that in addition to the above described
amounts to be deposited in the Interest and Sinking Fund to pay the current
principal and interest requirements on the previously issued bonds and the bonds,
provided, however, during the period the previously issued bonds are outstanding
'
and unpaid, no disbursement over $250 for maintenance and operating expenses shall
be made from the System Fund until authorized by the City Council, setting forth
all the circumstances involved. All revenues of the System not actually required
to pay the reasonable and proper maintenance and operating expenses of the System
shall be appropriated and used for the payment of the principal of and interest
on bonds similarly secured as the same becomes due, and the accumulation and
maintenance of the required reserve amount for the security of bonds similarly
secured in the manner and to the extent provided in the ordinances authorizing
the issuance of the previously issued bonds and this ordinance.
SECTION 13: Interest and Sinking Fund. The City hereby reaffirms its covenant
to the holders of the previously issued bonds and agrees with the holders of the
bonds that a special Fund (hereinafter called "Interest and Sinking Fund ") shall
be kept and maintained at an official depository bank of the City and moneys
deposited in this Fund shall be used only for the purpose of paying the principal
of and interest on bonds similarly secured as the same becomes due.
In addition to the deposits required to be made to the Interest and Sinking
Fund for the payment of the principal of and interest on the previously issued
bonds, the City hereby covenants and agrees to deposit in said Fund from moneys
in the System Fund the following amounts to pay the principal of and interest on
the bonds as the same becomes due, to wit:
Deposits for Payment of Interest. Beginning on or before the 10th day of
June, 1978 and on or before the 10th day of each following month to and including
October 10, 1978, an amount equal to not less than one -fifth (1/5) of the
installment of interest to become due on the bonds on November 1, 1978; and, there-
after, on November 10, 1978 and on or before the 10th day of each following month
an amount equal to not less than one -sixth (1/6) of the next semiannual install-
ment of interest to become due on the bonds; and
Deposits for Payment of Principal. In addition to the monthly deposits to pay
interest to become due on the bonds, beginning May 10, 1989 and on or before the
10th day of each following month, an amount equal to not less than one - twelth
(1112) of the next annual principal payment to become due on the bonds.
The monthly deposits to the Interest and Sinking Fund for the payment of
principal and interest on the bonds shall continue to be made as hereinabove
provided until such time as (i) the total amount on deposit in the Interest and
Sinking Fund, including the required reserve amount, is equal to the amount
required to pay all outstanding bonds similarly secured (principal and interest)
or (ii) the bonds are no longer outstanding, i.e. fully paid as to principal and
interest or refunded.
Accrued interest and premium, if any, received from the purchaser of the bonds,
as well as any proceeds of the bonds not required to complete the improvements
and extensions to be made to the System for which the bonds are being issued,
shall be deposited to the Interest and Sinking Fund, and may be taken into consid-
eration and reduce the amount of the monthly deposits hereinabove provided which
would otherwise be required to be deposited in the Interest and Sinking Fund
' from the net revenues of the System.
The City also covenants and agrees that in addition to the above described
amounts to be deposited in the Interest and Sinking Fund to pay the current
principal and interest requirements on the previously issued bonds and the bonds,
Minutes Continued, April 25, 1978
and during the period of time the previously issued bonds remain outstanding, the
City shall accumulate and maintain in the Interest and Sinking Fund a reserve amount ,
for contingencies equal to at least two average years' interest and sinking fund
requirements on the then outstanding bonds similarly secured. The reserve fund
amount in the Interest and Sinking; Fund shall be accumulated and maintained by
making monthly deposits from money in the System Fund on or before the 10th day
of each month in an amount equal to not less than twenty per cent (20 %) of the
monthly payment required to be made for the payment of principal of and interest
on the outstanding previously issued bonds and the bonds. Such monthly deposits
shall be made as hereinabove required until the reserve amount has been fully
accumulated in the Interest and Sinking Fund or during a period of time the reserve
amount on deposit in said Fund is less than the total amount then required to be
maintained as a reserve for contingencies.
At such time as the previously issued bonds have been fully paid (principal
and interest) or provision for the payment of the outstanding previously issued
bonds has been made by the issuance of refunding bonds, the amount required to
be accumulated and maintained as a reserve for contingencies may be reduced to
an amount equal to not less than the average annual principal of and interest
requirements of the bonds similarly secured then outstanding (calculated on a
fiscal year basis as of the date of passage of the ordinance authorizing the
issuance of the last series of bOrLds similarly secured), and such reserve amount
may be deposited in a special Fund separate and apart from the Interest and
Sinking Fund to be kept and maintained at an official depository bank of the City.
The reserve amount for contingencies shall be used solely for the purpose of
paying the principal of and interest on bonds similarly secured falling due at
any time when there is insufficient money available for such purpose in the Interest '
and Sinking Fund.
SECTION 14: Investment of Funds. During the period of time the previously
issued bonds are outstanding and unpaid, moneys on deposit in the Interest and
Sinking Fund maybe, at the option of the City, invested in direct obligations of
the United States of America, which investments shall be deposited in escrow with
custodian of such Fund under an escrow agreement. If such moneys are so invested
and deposited in escrow, the City shall have the right to have sold through the
escrow agent on the open market a sufficient amount of said securities in order to
pay the current principal of and interest on bonds similarly secured falling due
when uninvested moneys on deposit in said Fund are insufficient for such purpose.
Under such circumstances, the Mayor is hereby authorized, ordered and directed to give
fifteen days' written notice to such escrow agent of the necessity to sell said
securities on the open market. After such sale, the moneys resulting therefrom
shall belong to the Interest and Sinking Fund and shall be available to pay the
principal and interest on bonds similarly secured.
At such time as the previously issued bonds are paid in full (principal and
interest) or provision for the payment of the same has been made by the issuance
of refunding bonds, moneys in the Interest and Sinking Fund and the separate
reserve account (in the event a separate reserve fund account is created and
established) may be, at the option of the City, invested or reinvested from time
to time in direct obligations of or obligations the principal and interest of
which are guaranteed by the United States of America or invested in direct
obligations of or participation certificates guaranteed by the Federal Intermediate '
Credit Banks, Federal Land Banks, Federal National Mortgage Association, Federal
Home Loan Banks, Banks for Cooperatives, and in certificates of deposit of any bank
which are fully secured (to the extent such certificates of deposit are not insured)
203
Minutes Continued, April 25, 1978
by a pledge of the security of any of the kind hereinabove specified, such obliga-
tions or securities to mature in not more than five years from the date of such
investment or not later than the final maturity of the bonds similarly secured
then outstanding, whichever is shorter. Such securities or obligations shall be
kept in escrow with the custodian of the Fund from which moneys were invested and
shall be promptly sold and the proceeds of sale applied to the payment of princi-
pal of and interest on bonds similarly secured whenever there is a deficiency in
uninvested funds available for such purpose on a principal and /or interest pay-
ment date.
SECTION 15: Deficiencies in Funds. That, if in any month the City shall,
for any reason, fail to pay into the special Fund or Funds created for the payment
and security of bonds similarly secured the full amounts above stipulated, amounts
equivalent to such deficiencies shall be set apart and paid into said Fund or Funds
from the first available and unallocated net revenues of the System in the follow-
ing month or months and such payments shall be in addition to the amounts herein -
above provided to be otherwise paid into said Fund or Funds during such month or
months.
SECTION 16: Excess Revenues. That any revenues in excess of those required
to fully establish and maintain the special Fund or Funds created for the payment
and security of the bonds similarly secured may be used for the redemption of bond
similarly secured, or may be transferred to the general fund of the City and used
for any lawful purpose.
SECTION 17: Security of Funds. That moneys on deposit in the special Fund
' or Funds for which this ordinance makes provision (except any portions thereof as
may be at any time properly invested) shall be secured in the manner and to the
fullest extent required by the laws of Texas for the security of public funds, and
moneys on deposit in such Fund or Funds shall be used only for the purposes per-
mitted by this ordinance.
SECTION 18: Issuance of Additional Parity Bonds. That in addition to the
right to issue bonds of inferior lien as authorized by the laws of this State,
the City reserves the right hereafter to issue additional parity bonds. The
additional bonds when issued shall be payable from and secured by a first lien
on and pledge of the net revenues of the System in the same manner and to the
same extent as are the previously issued bonds and the bonds authorized by this
ordinance, and the previously issued bonds, the bonds and the additional bonds
shall in all respects be of equal dignity. The additional bonds may be issued
in one or more installments, provided, however, that none shall be issued unless
and until the following conditions have been met:
(a) That each of the special Fund or Funds created and established for
the payment and security of bonds similarly secured contains the amount of
money then required to be on deposit therein.
(b) The net earnings of the System for each of the two fiscal years
next preceding the date of issuance of the additional bonds then proposed to
be issued are equal to at least one and one -half times the requirements of
principal of and interest on the then outstanding bonds similarly secured
and the additional bonds then proposed to be issued, for the year when the
amount of such requirements is the greatest, as such earnings are shown by a
report of a certified public accountant. The term "net earnings" as used
herein, shall mean the gross revenues after deducting expense of operation
204
Minutes Continued, April 25, 1978
and maintenance, but not deducting; expenditures which, under standard accounting
practices, should be charged to capital expenditures or depreciation on the properties '
of the System.
Bonds similarly secured may be refunded (pursuant to any law then available)
upon such terms and conditions as the governing body of the City may deem to the
best interest of the City and its inhabitants, and if less than all such outstanding
revenue bonds are refunded the proposed refunding bonds shall be considered as
"additional bonds" under the provisions of this Section, and the report required in
subdivision (b) hereof shall give effect to the issuance of the proposed refunding
bonds (and shall give effect to the bonds being refunded following their cancellation
or provision being made for their payment.)
Provided, however, at such time as all outstanding previously issued bonds have
been paid off, retired and cancelled, or refunded, the following terms and conditions
shall govern and be applicable to the issuance of additional parity revenue bonds, to
wit:
(a) The City is not in default as to any covenant, condition or obligation
prescribed in an ordinance authorizing the issuance of the outstanding
bonds similarly secured„
(b) That each of the Funds created and established for the payment and
security of bonds similarly secured contains the amount of money then
required to be on deposit therein.
(c) That the "net earnings" of the System, as shown by a report prepared ,
by a certified public accountant, for either (i) the last completed
fiscal year, or (ii) a consecutive twelve (12) month period ending not
more than ninety (90) days prior to the date of the passage of the ordi-
nance authorizing the issuance of the additional bonds, were equal to at
least one and one - fourth (1 -1/4) times the average annual principal and
interest requirements of the bonds then outstanding secured by a first
lien on and pledge of the net revenues of the System and the additional
parity bonds proposed to be issued. The term "net earnings" as used
herein shall mean the gross revenues of the System after deduction of
expense of operation and maintenance, but not deducting expenditures
which, under standard accounting practice, should be charged to capital
expenditures or depreciation on the properties of the System.
(d) The ordinance authorizing the issuance of the additional bonds pro-
vides that the amount to be accumulated and maintained as a reserve for
contingencies shall be an amount equal to not less than the average
annual requirement for the payment of principal of and interest on all
bonds similarly secured, after giving effect to the issuance of the
proposed additional bonds, and provides that any additional reserve amount
which may thus be required shall be accumulated within not more than five
years and one month from the date of the passage of the ordinance author-
izing the issuance of the proposed additional bonds.
Bonds similarly secured may be refunded (pursuant to any law then available)
upon such terms and conditions as the governing body of the City may deem to the
best interest of the City and its inhabitants, and if less than all such outstanding
revenue bonds are refunded the proposed refunding bonds shall be considered as
"additional bonds" under the provisions of this Section, and the report required in
subdivision (c) hereof shall give effect to the issuance of the proposed refunding
bonds (and shall not give effect to the bonds being refunded following their cancel-
lation or provision being made for their payment).
Minutes Continued, April 25, 1978
SECTION 19: Maintenance and Operation - Insurance. That the City hereby
' agrees and reaffirms that the System shall be maintained in good condition and
operated in an efficient manner and at reasonable cost. So long as any of the bonds
similarly secured are outstanding, the City agrees to maintain insurance for the
benefit of the holder or holders of the bonds similarly secured on the System of a
kind and in an amount which usually would be carried by a private companies en-
gaged in a similar type of business. Nothing in this ordinance shall be construed
as requiring the City to expend any funds which are derived from sources other than
the operation of the System but nothing herein shall be construed as preventing the
City from doing so. The payment of premiums for insurance policies required under
the provisions hereof shall be considered as maintenance and operation expenses.
SECTION 20: Records - Accounts - Accounting Reports. The City hereby cove-
nants and agrees that so long as any of the bonds or any interest thereon remain
outstanding and unpaid, it will keep and maintain a proper and complete system
of records and accounts pertaining to the operation of the System separate and
apart from all other records and accounts in which complete and correct entries
shall be made of all transactions relating to said System, as provided by Article
1113, V.A.T.C.S., and that the holder or holders of any of the bonds or any duly
authorized agent or agents of such holders shall have the right at all reasonable
times to inspect all such records, accounts and data relating thereto, and to
inspect the System and all properties comprising same. The City further agrees
that within sixty (60) days following the close of each fiscal year, it will
cause an audit of such books and accounts to be made by an independent firm of
Certified Public Accountants. Each such audit shall be prepared in accordance
with accepted accounting practices and procedures prescribed for local government
units by the American Institute of Certified Public Accountants (Committee on
Governmental Accounting and Auditing), or the Municipal Finance Officers of the
United States and Canada (National Committee of Governmental Accounting), or their
successors.
Expenses incurred in making the audits above referred to are to be regarded
as maintenance and operating expenses and paid as such. Copies of the aforesaid
annual audit shall be immediately furnished to the Executive Director of the
Municipal Advisory Council of Texas at his office in Austin, Texas, and to the
original purchaser of the bonds and any subsequent holder upon written request.
Any bondholder shall have the right to discuss with the Accountant making the
annual audit the contents thereof and to ask for such additional information as
he may reasonably require.
SECTION 21: Remedies in Event of Default. That in addition to all the rights
and remedies provided by the laws of the State of Texas, the City covenants and
agrees particularly that in the event the City defaults in the observance or
performance of any covenant, condition or obligation set forth in this ordinance,
the holder or holders of any of the bonds shall be entitled to a writ of mandamus
issued by a court of proper jurisdiction compelling and requiring the City Council
and other officers of the City to observe and perform any covenant, condition or
obligation prescribed by this bond ordinance.
No delay or omission to exercise any right or power accruing upon any default
shall impair any such right or power, or shall be contrued to be a waiver of any
' such default or acquiescence therein, and every such right and power may be
exercised from time to time and as often as may be deemed expedient. The specific
remedies herein provided shall be cumulative of all other existing remedies and the
specification of such remedies shall not be deemed to be exclusive.
Minutes Continued, April 25, 1978
SECTION 22: Special Covenants. That the City hereby further covenant as
follows:
(a) That it has the lawful power to pledge the revenues supporting this
issue of bonds and has lawfully exercised said power under the Constitution and
laws of the State of Texas, :including said power existing under Article 1111 et
seq., V.A.T.C.S.; that the previously issued bonds, the bonds issued hereunder,
and the additional bonds, when issued, shall be ratably secured under said
pledge of income in such manner that one bond :shall have no preference over any
other bond of said series.
(b) That other than for the payment of the previously issued bonds and
the bonds herein authorized, the rents, revenues and income of the System have
not in any manner been pledged to the payment of any debt or obligation of the
City or of the System.
(c) That, so long as any of said bonds s=imilarly secured or any interest
thereon remain outstanding, the City will not sell, lease, encumber or in any
manner dispose of the System or any substantial part thereof, provided that this
shall not be construed to prohibit the sale of such machinery, or other proper-
ties or equipment which has become obsolete or otherwise unsuited to the effi-
cient operation of the System; also with the exception of the additional bonds
expressly permitted by this ordinance to be issued, it will not encumber the
net revenues of the System unless such encumbrance is made junior and subordinate
to all of the provisions of this ordinance.
(d) That no free service of the System shall be allowed, and should the
City or any of its agents or instrumentalities make use of the services and
facilities of the System, payment of the reasonable value thereof shall be
made by the City out of funds from sources other than the revenues and income
of the System.
(e) To the extent that it legally may, the City further covenants and
agrees that, so long as any of the bonds similarly secured or any interest
thereon are outstanding, no franchise shall be granted for the installation
or operation of any competing waterworks or sanitary sewer system; that the
City will prohibit the operation of any competing waterworks and sanitary
sewer systems other than those owned by the City, and the operation of any
such systems by anyone other than the City is hereby prohibited.
SECTION 23: Bonds Are Special Obligations. That the bonds are special obliga-
tions of the City payable from the pledged revenues, and the holders thereof shall
never have the right to demand payment thereof out of funds raised or to be raised
by taxation.
SECTION 24: Bonds As Negotiable Instruments. That each of the bonds herein
authorized shall be deemed and construed to be a "Security" and as such a negotiable
instrument, within the meaning of Article 8 of the Uniform Commercial Code.
1
SECTION 25: Mayor To Have Charge Of Records And Bonds. That the Mayor of the
City of Nederland shall be and he is hereby authorized to take and have charge of
all necessary orders and records pending investigation by the Attorney General of '
the State of Texas, and shall take and have charge and control of the bonds herein
authorized pending their approval by the Attorney General and their registration by
the Comptroller of Public Accounts.
1
1
207
Minutes Continued, April 25,1978
SECTION 26: Confirmation of Sale. That the sale of the bonds herein author-
ized to
Goldman Sachs & Company
at the price of par and accrued interestto the date of delivery, plus a premium of
$28.00, is hereby confirmed. Delivery of said bonds shall be made to said purchas-
er as soon as may be after the adoption of this ordinance, upon payment therefor
in accordance with the terms of sale.
SECTION 27: Printed Legal Opinion On Bonds. That the purchaser's obligation
to accept delivery of the bonds herein authorized is subject to their being fur-
nished a final opinion of Messrs. Dumas, Huguenin, Boothman and Morrow, Attorney,
Dallas, Texas, approving such bonds as to their validity, said opinion to be dated
and delivered as of the date of delivery and payment for such bonds. Printing of
a true and correct copy of said opinion on the reverse side of each of said bonds
with appropriate certificate pertaining thereto executed by facsimile signature
of the City Secretary is hereby approved and authorized.
SECTION 28: No- Arbitrage. That the City hereby covenants that the proceeds
from the sale of said bonds will be used as soon as practicable for the purpose
for which said bonds are issued; that such proceeds will not be invested in any
securities or obligations except for the temporary period pending such use; and
that such proceeds will not be used directly or indirectly so as to cause all or
any part of said bonds to be or become "arbitrage bonds" within the meaning of
Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations
or rulings prescribed or made pursuant thereto.
SECTION 29: CUSIP Numbers. That CUSIP numbers may be printed on the bonds
herein authorized. It is expressly provided, however, that the presence or
absence of CUSIP numbers on the bonds shall be of no significance or effects as
regards the legality thereof and neither the City nor attorneys approving said
bonds as to legality are to be held responsible for CUSIP numbers incorrectly
printed on the bonds.
SECTION 30: Effective Date. That this ordinance shall take effect immediately
and be in full force and effect from and after the date of its passage.
PASSED AND APPROVED, this the 25th day of April, 1978.
HOMER E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary, City of Nederland, Texas
(City Seal)
Presentation of the annual Fire Department Report was made by Fire Chief /Fire
Marshal, Austin Sattler.
Presentation of annual report for the Nederland Police Department and the annual
report for the Mid - County Dispatch Operation was made by Police Chief Billy Neal.
` ?O8
Minutes Continued, April 25, 1978
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the following
Resolution providing for a waiver of encroachments as situated at 3619 Avenue "B ". I
All Voted Aye.
RESOLUTION
WHEREAS, First Mortgage Investment Association of Port Arthur, Texas has called
attention to an encroachment on the twenty (20) foot easement in the rear of property
locally known as 3619 Avenue B and legally described as Lot Twelve (12), Block Three
(3), of Airport Subdivision, Nederland, Texas; and,
WHEREAS, First Mortgage Investment Company has requested a written waiver con-
firming that the City of Nederland will not require the encroachments to be moved or
altered, and also, that the City has no objection to said encroachments; and,
WHEREAS, the City of Nederland has no objection to said encroachments:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
That the City of Nederland will not require the encroachments to be moved or
altered from their present location as indicated in survey dated April 6, 1978.
PASSED AND APPROVED by the City Council of the City of Nederland during a legally
convened meeting thereof this 25th day of April, A. D., 1978.
H. E. NAGEL ,
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment in the
amount of $250.00 to Hermann S. Blanton, S.R.A., for appraisal for 311 acre tract near
Water Plant for use as site for ground storage tank, and to authorize the City Manager
to submit an offer for the property in accordance with said appraisal. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
Amendment to Ordinance No. 109 providing for prohibiting the consumption of alcoholic
beverages while on any street, sidewalks, or other public ways, or in any park in the
City of Nederland, Texas. All Voted Aye. '
AN AMENDMENT TO ORDINANCE NO. 109
AN AMENDMENT PROHIBITING THE CONSUMPTION, OR POSSESSION FOR THE
PURPOSE OF CONSUMPTION OF ANY ALCOHOLIC BEVERAGES ON ANY STREET
Minutes Continued, April 25, 1978
SIDEWALK, OR OTHER PUBLIC WAY, OR IN ANY PARK IN THE
CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section I
This Ordinance shall be deemed an exercise of the police power of the City
for the protection and the welfare, health, peace, temperance and safety of the
people of this City, and all of its provisions shall be liberally construed for the
accomplishment of this purpose.
Section II
It shall be unlawful for any person to consume, or to possess for the
purpose of consumption any alcoholic beverage (as defined by the Texas Liquor
Control Act of the State of Texas, or subsequent amendments thereto), while on any
street, sidewalks, or other public way, or in any park in the City of Nederland,
Texas.
Section III
Any person or persons violating the provisions of this Ordinance shall be
guilty of a misdemeanor and upon conviction shall be fined any sum not less than
Twenty -Five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars.
' PASSED AND APPROVED by the City Council of the City of Nederland, 25th day of
April, A. D., 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the
following Amendment to Ordinance No. 137 providing for adoption of the 1976
Edition of a Standard Building Code and eliminating the designation of fire zones
within the City of Nederland as provided in Ordinance No. 137. All Voted Aye.
AN AMENDMENT
AN AMENDMENT TO ORDINANCE NO. 137, THE SOUTHERN STANDARD BUILDING
CODE OF THE CITY OF NEDERLAND, TEXAS. AN AMENDMENT ADOPTING THE
1976 EDITION OF THE STANDARD BUILDING CODE AND ITS 1977 REVISION,
SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. AN ORDINANCE
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERNATION,
REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIP-
1
Minutes Continued, April 25, 1978
MENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES
IN THE CITY OF NEDERLAND, TEXAS: PROVIDING FOR THE ISSUANCE OF ,
PERMITS AND SCHEDULE OF PERMIT FEE RATE AND COLLECTION OF FEES,
THEREFORE, DELETING THE FIRE ZONE; PROVIDING PENALTIES FOR VIOLATION
OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE.
THIS AMENDMENT IS HEREBY DECLARED TO BE REMEDIAL, AND SHALL BE
CONSTRUED TO SECURE THE BENEFICIAL INTEREST AND PURPOSES, THEREOF,
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND:
Section 1
That the 1976 Edition of the Standard Building Code and the 1977 Revision, 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 Build-
ing Code of the City of Nederland, save and except the following portions that are
herein deleted, modified, and amended by this ordinance:
(a) 106.2 - of said Code dealing with bond required;
(b) 111.1 - of said Code dealing with appointment;
(c) Chapter III - of said Code dealing with Fire District; ,
(d) Appendix "J" - of said Code dealing with thermal performance.
Section 2
That Section 106.2 of said Code pertaining to bond required be amended to read
as follows:
Bond Required: It shall be the duty of every person, firm, corporation, con-
tractor or builder, who shall make contracts for the erection or construction or
repair of buildings for which permit is required to obtain the proper license and
deposit with the City a good and sufficient bond in the sum of Two Thousand Dollars
($2,000.00), conditioned that the person, firm, corporation, contractor, or builder
will faithfully conform to the building regulations of the City of Nederland, and;
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 negli-
gence of such person, firm, corporation, contractor, or builder or by any other
inadequate work done either by themselves or their agents or employees.
Section 3
That Section 111.1 of said Code pertaining to Board of Adjustments and Appeals
be deleted in its entirety and a new Section 111.1 be added to read as follows:
The Zoning Board of Appeals as set out in Section 9 of Ordinance 146 Zoning '
Ordinance shall be used in case of appeals.
Section 4
That Chapter III of said Code dealing with Fire District be deleted.
I �
Minutes Continued, April 25, 1978
Section 5
That Appendix "J" of said Code dealing with Thermal Performance be deleted.
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 Two Hundred Dollars ($200.00). Each day during which such
violation continues shall constitute a separate and distinct offense. In any case
of a violation of any of the terms or provisons of this ordinance by any corpor-
ation the officers and agents actively in charge of the business of such corpor-
ation, 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 pro-
vided 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 ordinance or parts of ordinances in conflict with this Code
are hereby repealed.
WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and
' publication as required by law.
PASSED AND APPROVED this 25th day of April, 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on a Resolu-
tion designating the continuation of certain designations of city streets as on
urban system, other streets as off urban system, and the addition of certain streets
to the on urban system, in accordance with the specifications of the State Depart-
ment of Highways and Public Transportation and the Bureau of Public Roads. All
' Voted Aye. -
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action adopting a
Resolution providing for setting a polciy regarding the erection of "Slow Children
at Play" signs at certain locations within the City of Nederland. All Voted Aye.
919
Minutes Continued, April 25, 1978
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action regarding
providing for purchase of water and sanitary sewer improvements from revenue
received for a proposed subdivision in accordance with Ordinance No. 121, con -
tigent upon dedication being completed within six (6) months an approximate ten
(10) acre tract at the corner of 27th Street and Canal Avenue. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action authorizing
Charles R. Haile Associates, Inc., Engineers, to proceed with obtaining a permit
for landfill site upon Sun Oil Company property upon agreement by Port Neches,
Groves, and Griffing Park. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize Change
Order No. 3 on the Police Station /Courtroom contract with Winter King and Son
reducing the contract sum by $3,162.09; authorize payment of Estimate No. 11 in
the amount of $35,696.41; therefore, retaining $1,000.00 due to the roll -up door
in the City Hall Lobby not yet being installed plus $259.00 for the automatic lock
on the Police Station rear door leaving a balance of $1,259.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement
for bids for hospitalization insurance on city employees to be received 6:30 p. m.,
May 23, 1978, in accordance with submitted specifications. All Voted Aye.
Discussion items were as follows:
1. Cleaning of apartment site, 100 Block 18th Street.
2. Tree limbs not picked up, John Lewis, So. 14th Street.
3. Fallen tree limbs around Opportunity Center. ,
4. Agreement, Mutual Aid Firefighting.
5. Gulf States Utilities rate case.
6. Youth Program - six participants.
7. Bids.
8. Regional Meeting, April 26, 1978.
The meeting was adjourned at 10:10 P. M.
H. E. Nagel, Ma r
City of Nederland, Texas
ATTEST:
to Fletc er, City Secretary
City of Nederland, Texas
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
May 9, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 25, 1978, as written. All Voted Aye.
Sealed bids were received, opened and read for cleaning of sanitary sewer lines at
several locations in annual program. Bidders were Cole Cleaning and Contracting,
Shur -Flo, and Channel Construction Company.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action on bids
until the next regular meeting. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the applica-
tion and documents for City of Nederland fourth year Community Development Block
Grant, TX80415023, and to adopt the following Resolution as read. All Voted Aye.
A RESOLUTION
A RESOLUTION ADOPTING THE CITY OF NEDERLAND'S COMMUNITY DEVELOPMENT PROGRAM OF 1978,
AND DIRECTING THE MAYOR TO SIGN AND FORWARD NECESSARY DOCUMENTS.
WHEREAS, The City of Nederland, on April 11, 1978, authorized the City to develop
and prepare a preapplication for grant funds under Title I of the Housing
and Community Development Act of 1974, and adopted a Citizen Participation
Plan for Community Development; and
WHEREAS, All requirements pertaining to such preapplication have been completed.
NOW, THEREFORE BE IT RESOLVED, BY THE CITY OF NEDERLAND ACTING BY AND THROUGH ITS
CITY COUNCIL:
That the City of Nederland hereby adopts the contents of its preapplication
for Federal Assistance as its Community Development Program for 1978; and
That, the Mayor is hereby directed to sign such application and forward
such copies as required to the appropriate agencies.
PASSED AND APPROVED on the 9th day of May, 1978, at a regular duly called meeting of
the City Council of the City of Nederland, Texas.
APPROVED:
' HOMER E. NAGEL
Homer E. Nagel, Mayor
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
Minutes Continued, May 9, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve /acceptance of
streets and drainage facilities in Allan Meadow Subdivision, Section Two; to accept '
water and sanitary sewer facilities in Allan Meadow Subdivision, Section Two, and
to authorize payment to Steele Construction Company, Inc., from Developer's Escrow
Account, Original Contract $64,49.5.30 plus over run of $1,394.10, total due
$65,889.40 less previous payment of $3,901.50, balance due $61,987.90 and repurchase
agreement under Ordinance No. 121 from revenues, including 6% for engineering, total
$69,842.76. All Voted Aye.
Five people were present to request action on hazardous traffic problem in the 800
Block of S -14th Street.
A motion was made by Mr. Lee and seconded by Mr. Nagel to paint a sign on the street
and to place "Slow- Children at Play" signs on S -14th Street in Oaklawn Addition in
the vicinity of the curve. All Voted Aye.
A motion was made by Mr. Lee and :seconded by Mr. Nagel to authorize City participa-
tion to $15,840.00 toward a total estimated cost of $52,800.00 with State Depart-
ment of Highways and Public Transportation for modernization of traffic signals
at two locations, Nederland Avenue at 10th Street and Nederland Avenue at 27th
Street, and to approve the following agreement. All Voted Aye.
OS OOOS(1)
Jefferson County
ESCROW AGREEMENT
STATE TEXAS X
OF
COUNTY OF TRAVIS X
THIS AGREEMENT, by and between the City of Nederland, Texas, hereinafter
called the "City ", Party of the First Part, acting by and through its City Council
and the State of Texas, acting by and through the State Department of Highways and
Public Transportation, hereinafter called the "State ", Party of the Second Part,
made to become effective when fully executed by both parties:
W I T N E S S E T H
WHEREAS, Section 219 of the Federal -Aid Highway Act provides aid to projects
for the construction, reconstruction, and improvement of any off - system raod,
including, but not limited to, the correction of safety hazards, the replacement
of bridges, the elimination of high- hazard locations and roadside obstacles; and
WHEREAS, State funds are not. eligible for expenditure on the project; and
WHEREAS, Federal regulations require construction of such projects to be the
responsibility of the State highway agency; and
WHEREAS, the State and City each have indicated intention to proceed with the
project; and
WHEREAS, the State Highway and Public Transportation Commission has established
,
Departmental policy and requires that for projects riot a part of the State Highway
1
Minutes Continued, May 9, 1978
System or the Federal -Aid System, funds required to match available Federal aid will
usually be provided from sources other than the State and such funds will be in the
amount of 30% of the total estimated cost of the project including preliminary
engineering, construction, construction engineering and contingencies and must be
placed in escrow prior to commencement of project development; and
WHEREAS, the City desires certain work as approved in the Statewide Highway
Safety Improvement Program (Federal- Section 219) in accordance with the attached
list marked "Exhibit A ".
A G R E E M E N T
NOW, THEREFORE, it is agreed that the State will provide for said work and the
City will transmit to the State with the return of this agreement, executed by the
City, a warrant or check made payable to the State Treasurer, Account of Trust Fund
No. 927 in the amount of Fifteen Thousand Eight Hundred Forty and No /100 Dollars
($15,840.00), which is 30% of the total estimated cost of the project including
preliminary engineering, construction, construction engineering and contingencies.
If, during project development or construction or upon completion of the project,
it is determined that this amount is not sufficient to fulfill the City's respon-
sibility, the City will, upon request of the State, supplement this amount by an
amount equal to the City's full estimated cost less the amount previously paid.
In the event the amount as paid by the City is more than the City's responsibility,
the excess amount will be returned to the City. In the event the City desires to
abandon the project prior to letting a contract for construction, the City's
responsibility for charges incurred for preliminary engineering will be deducted
from the amount held in escrow and the remainder will be returned to the City.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the dates shown hereinbelow.
Executed on behalf of the City
this 9th day of May, 1978.
CITY OF NEDERLAND
Party of the First Part
By: HOMER E. NAGEL
Mayor
By: R. A. NUGENT
Member of the City Council
By: E. T. GILLESPIE, JR.
Member of the City Council
By: ROBERT D. SAWYER
Member of the City Council
By: THOMAS E. LEE, JR.
Member of the City Council
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
STATE OF TEXAS
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
Party of the Second Part
Certified as being executed for the purpose
and effect of activating and /or carrying
out the orders, establish policies, or work
programs heretofore approved and authorized
by the State Highway and Public Transporta-
tion Commission:
Executed on behalf of the State this 3
day of May , 1978
By
M. G. GOODE
Asst. Engineer- Director under authority
of Commission Minute Order 70104
Recommended for execution:
S. R. COSTILLO
State) Director, Finance
Minutes Continued, May 9, 1978
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Resolution designating the continuation of certain designations of city streets as ,
on urban system, other city streets as off urban system, and the addition of cer-
tain streets to the on urban system, in accordance with the specifications of the
State Department of Highways and Public Transportation and the Bureau of Public Roads.
All Voted Aye.
RESOLUTION
WHEREAS, action was taken by the City Council of the City of Nederland on
July 22, 1975, to approve "non- designation" of certain thoroughfares from the
"Federal Aid Urban System" as indicated on a submitted map; and,
WHEREAS, a need exists for several changes in the thoroughfares from the
"Federal Aid Urban System "' and,
WHEREAS, the City of Nederland is desirous of making such changes:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland
hereby requests to retain the following streets on Federal Aid Urban System:
Twin City Highway (State Highway 347):
From Highway 365 to Spurlock Road
27th Street:
From Highway 365 to Spurlock Road
3rd Street:
From Gage Avenue to Merriman Street
Avenue H:
(a) From Highway 347 to Magnolia Avenue
(b) From South 27th Street to Highway 69
Nederland Avenue:
From Magnolia Avenue to Highway 69
Helena Avenue:
From 27th Street to Highway 69
Canal Avenue:
From Highway 347 to Highway 69
Spurlock Road:
From Highway 347 to Highway 69
Gage Avenue:
From Highway 366 to Nederland Avenue
Highway 69:
From Highway 365 to Spurlock Rad
Highway 365:
From Highway 347 to Highway 69
Highway 366
From Spurlock Road to Magnolia Avenue,
to add the following street to Federal Aid Urban System:
Helena Avenue:
From Highway 366 to Highway 347,
to remove the following streets from Federal Aid Urban System:
Helena Avenue:
From Highway 347 to 27th Street
Avenue H:
From Highway 347 to 27th Street
17th Street:
From Highway 365 to Canal Avenue
1
1
Minutes Continued May 9, 1978
21st Street:
From Helena Avenue to Nederland Avenue.
PASSED AND APPROVED by the City Council of the City of Nederland during a
legally convened meeting this 9th day of May, 1978.
ATTEST: H. E. NAGEL
H. E. Nagel, Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the follow-
ing Resolution providing for setting a policy regarding the erection of "Slow -
Children at Play" signs at certain locations within the City of Nederland. All
Voted Aye.
RESOLUTION
A POLICY FOR JUSTIFYING
' "SLOW - CHILDREN AT PLAY"
SIGNS FOR WITHIN THE CITY OF NEDERLAND
Two (2) "Slow - Children At Play" signs shall be erected upon request of a
citizen or direction of a city official when authorized by the Police Chief at each
end of a designated street location having the following characteristics:
1. A minimum of 200 vehicles per day traffic count;
2. Minimum of 1.5 children per home (average) between the ages of
2 -6, inclusive, within the block or blocks so designated; or in
the vicinity of a nursery school, playground, or other.
All signs are to be erected in accordance with the MUTCD book for regulatory
signs.
Approved and adopted by the City Council this the 9th day of May, 1978.
HOMER E. NAGEL
Homer E. Nagel
City of Nederland, Texas
Reviewed by:
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize Charles R.
Haile Associates, Inc., Engineers, to proceed with obtaining a permit for landfill
site upon Sun Oil Company property upon agreement by Port Neches, Groves, and
Griffing Park. All Voted Aye.
Minutes Continued, May 9, 1978
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reappoint members
of the Zoning Board of Appeals; Cecil Fleming, J. C. Woodson, Bill Quick, Joe ,
Cureton, and B. L. Hinson, for a ;period of one month ending June 30, 1978, in an
effort to standardize expiration dates of various city offices. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the Mayor
and Council and City Manager to attend the Texas Municipal League Mayors and
Councilmen's Seminar in Galveston, June 3 -6; and to authorize City Attorney W. E.
Sanderson to attend the TML Utility Regulation Workshop in Austin on May 19, 1978.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of
bills for the month of April, 1978, in the amount of $16,817.12 by General Fund
Checks No. 853 -914 and $20,339.72 by Water Fund Checks No. 2948 -2982, a total of
$ All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on
two agreements providing for Mutual Fire Department Aid within and without Jeffer-
son County incorporated areas. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the following
Resolution and Agreement to provide water to Sunoco Terminals, Inc. All Voted Aye.
A RESOLUTION
WHEREAS, Sunoco Terminals, Inc., a corporation authorized to do business in
Texas, has made a request to the City of Nederland to purchase water from the City I
of Nederland;
WHEREAS, it would be an advantage to the City of Nederland to enter into a
Contract with Sunoco Terminals, Inc., selling water to the said Sunoco Terminals,
Inc.;
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 Sunoco Terminals,
Inc, whereby the City of Nederland will sell water to Sunoco Terminals, 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 9th day of Mary, 1978.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER - City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON '
W. E. Sanderson, City Attorney
City of Nederland, Texas
1
1
t
Minutes Continued, May 9, 1978
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
THAT this agreement made and entered into between the City of Nederland, a
municipal corporation in Jefferson County, Texas, and Sunoco Terminals, 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 and Sunoco Terminals,
Inc., hereinafter referred to as Sunoco, agrees to take and purchase treated fresh
water. The City binds itself to furnish to Sunoco water of the same quality and
purity that it delivers to its customers within its corporate limits.
II.
The term of this Contract shall be for a period of ten (10) year from date
hereof unless sooner terminated according to the terms hereof. Sunoco, with approval
of the City, shall have the option at the end of ten (10) years from the date of
this Contract to extend this agreement for an additional ten (10) years.
III.
The initial monthly rate for the water shall be as follows:
First 20,000 gallons $17.20
All over 20,000 gallons (per 1000) 0.65/1000
Until that date of final annexation of Sunoco plant by City, however, it is
the intention of the parties to this agreement that the City shall charge for all
over 20,000 gallons used each month throughout the term of this Contract at a rate
equal to $0.05 per thousand gallons of water more than the charge to residential
water customers inside the City limits of Nederland as specified in City of Neder-
land Ordinance No. 155 and the charge as set out herein shall be proportionally
amended and effective upon the effective date of any subsequent amendment to
Ordinance No„ 155 which may hereafter be approved by the City of Nederland,Texas.
The City agrees to furnish Sunoco adequate treated fresh water to the maximum
limits of the City Treatment Plant capabilities and not to exceed 20,000,000 gallons
of water per month.
Sunoco will provide all labor, materials, insurance, engineering, and con-
tingencies necessary to constructthe water system from the connection of the Sunoco
line to the City line in the vicinity of Canal Street and North 12th Street, adjacent
to the City of Nederland in accordance with plans entitled Charles R. Haile Associ-
ates Engineers, Inc., Job 11377 -44A (36 sheets). The City shall have the supervision
and control of the master meter located as shown on the plans subject to the right
of Sunoco 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 purpose herein set forth. Upon cessation of the use of said meter for such
purposes ownership of the meter will pass to Sunoco.
220
Minutes Continued, May 9, 1978
Any easement, road crossing permits, or right -of -way necessary to install the
line to the property of Sunoco shall be obtained by the City and reimbursement of '
such expense shall be made by Sunoco.
VI.
City will allow Sunoco authorized connections to this installation in accord-
ance with State Health Department Standards from the downstream side of the water
meter to the termination of the installation on the property of Sunoco.
Sunoco will allow the City authorized connections to this installation from
the upstream side of the water meter to the connection point located on Canal Street
near 12th Street.
The installation from the downstream side of the water meter to the termination
of the installation on the property of Sunoco shall be owned and maintained by Sunoco.
The City shall (after acceptance of the facility by City) operate and maintain
the pipeline and appurtenances including five (5) fire hydrants from the downstream
side of the water meter to the point of connection near 12th Street during the useful
life of the pipeline and appurtenances and may, at City's expense, replace parts or
portions thereof should such facilities become defective in the opinion of the City.
The City agrees to reimburse Sunoco for the installation of five (5) fire hydrants
and appurtenances as necessary for the prudent installation of such fire hydrants and
such cost shall be determined by the successful bid (acceptable to City of Nederland).
The City shall furnish Sunoco with monthly statements on or before the 10th
day of each month showing the amount of water delivered to Sunoco 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 30 days after billing for water metered during
the previous month.
In connection with the foregoing provision regarding the payment for water
delivered through said meter, it is provided that in the event Sunoco fails to pay any
water billed for within said time the City may give written notice thereof to Sunoco
by Registered Mail, with Return Receipt Requested, of such failure, and if not paid
within five (5) days after receipt of such notification, the City shall have the right
to cease delivery of water under the terms of this Agreement.
VIII.
Sunoco, as part of the consideration per this Contract agrees that the City, its
agents and representatives, shall have (and it is hereby granted) privilege and permis-
sion at its and their sole risk, to inspect the water lines in connection with the
water sold to Sunoco under the terms hereof. Sunoco covenant, binds and obligates
itself that all water connections to this pipeline hereafter installed by Sunoco shall
meet and conform to the minimum requirements of the City and the State Health Depart-
ment regulations for a "state approved water system ".
Failure of Sunoco to correct any violation of this section within thirty days
after receipt of written notice from the City of the violation, shall give the City
the right to temporarily cease to deliver treated wager under this Contract until such
Minutes Continued, May 9, 1978
time as corrections are completed to conform with such State Health Department regu-
lations.
Provided, however, that if Sunoco's failure to correct any such violation is
caused by fire, strike, riots, lock -outs, storms, drought, war, act of God or its
inability to procure any necessary materials, equipment or permits, Sunoco shall
have a reasonable time after such cause has been detected in which to complete the
correction of any such violation.
IX.
It is further specially understood and agreed that the City shall not be liable
to Sunoco for failure to furnish water under this Contract if such failure is caused
by fire, strike, riots, lock -outs, storms, drought, war, or any act of God or the
desctruction 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 Sunoco under this Contract are subor-
dinate 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 Sunoco and its rights hereunder shall
be superior to any subsequent outside City water customer of 100,000 gallons per
month or greater usage.
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 Sunoco or its
customers, then it is agreed that this Contract may be terminated by Sunoco, and
that water may be purchased from any other available source.
XII.
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.
XIII.
That this agreement shall inure to the benefit of and be binding upon the
parties hereto, and their respective successors and assigns.
XIV.
This Contract shall be null and void at the option of the City if Sunoco has
not begun the 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, Sunoco Terminals, Inc. and the City of Nederland, Texas,
respectively, during a legally convened meeting of the governing body thereof, have
Minutes Continued, May 9, 1978
entered into and caused this agreement to be signed in duplicate on this the 9th day
of May, 1978.
CITY OF NEDERLAND
HOMER E. NAGEL
Mayor
ATTEST:
ALTA FLETCHER
City Secretary
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
SUNOCO TERMINALS, INC.
Vice - President and Manager
Secretary
BEFORE ME, the undersigned authority on this day personally appeared Homer E.
Nagel, Mayor of the City of Nederland, known to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capactiy therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of May, 1978.
J. B. MCKINNEY
Notary Public
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority on this clay personally appeared
of Sunoco Terminals, Inc., a corporation, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes and consideration therein expressed and
in the capacity therein stated and that the act and deed was of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1978.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Notary P
Sunoco Attorney
An Executive Session was conducted with the City Attorney relating to matters now under
litigation.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following
Ordinance No. 312 as read. All Voted Aye.
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Minutes Continued, May 9, 1978
ORDINANCE NO. 312
AN ORDINANCE APPROVING RATE SCHEDULES CHARGED BY GULF STATES UTILITIES
COMPANY IN THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR AN EFFECTIVE
DATE FOR SUCH RATE SCHEDULES, AND PROVIDING CONDITIONS UNDER WHICH
SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN.
WHEREAS, on December 30, 1977, Gulf States Utilities Company filed with the City
of Nederland a request for an increase in rates to be charged within the City in the
amount of $24,346,000 per annum on a systemwide basis, an increase of approximately
13.5 %; and
WHEREAS, the City, having suspended the effective date of such proposed rate
increase from February 6, 1978, and having considered the same at a public hearing,
is of the opinion and finds that an increase in rates should be approved.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1: That an increase in the rates, tariffs and charges of Gulf States
Utilities Company for electric power and energy sold within the City be approved in
an amount such that the adjusted total sytemwide operating revenues for the Company
be increased $712,000 per annum, based on the adjusted test year ending December
31, 1976, which constitutes an increase of approximately .4 %. Such Schedule of
Rates, as are approved in accordance herewith, are those under which said Company
shall be authorized to render electric service and to collect charges from its
customers for the sale of electric power and energy within the corporate limts of
the City until such time as said Rate Schedules may be changed, modified, amended,
or withdrawn, with the approval of the City Council.
SECTION 2: That Gulf States Utilities Company shall, within 10 days from
the final passage of this Ordinance, file with the City a revised Schedule of Rates
and Tariffs setting forth those rates, tariffs and charges based upon an increase in
total operating revenues as prescribed herein. Such Schedule of Rates and Tariffs
may be modified or amended by the City Council of the City of Nederland within
20 days from the final passage of this Ordinance, otherwise, same shall be con-
sidered approved as filed. Such Schedule of Rates and Tariffs, as same may be
modified or amended, shall be effective from and after final passage of this
Ordinance and shall apply to all power and energy used by each customer after the
final passage of this Ordinance.
SECTION 3: That the action of the City Council of the City of Nederland
enacting this Ordinance constitutes, on the date of its final passage, a final
determination of rates for Gulf States Utilities Company within the City of Nederland
in accordance with Section 43(e) of the Public Utility Regulatory Act.
SECTION 4: Nothing in this Ordinance contained shall be construed now or here-
after as limiting or modifying, in any manner, the right and power of the City under
the law to regulate the rates and charges of Gulf States Utilities Company.
PASSED AND APPROVED at a Regular meeting of the City Council of the City of
Nederland, Texas, this 9th day of May, 1978.
ATTEST:
ALTA FLETCHER
City Secretary, Alta Fletcher
(CITY SEAL)
H. E. NAGEL
H. E. Nagel, Mayor
?24
Minutes Continued, May 9, 1978
Discussion items were as follows:
1. Letters to Neches Butane and Texaco, Inc. pertaining to Mayor- Councilmen Seminar.
2. Relocation of "Slow - Children at Play" sign in Helena Park.
3. Senior Citizen Exemption, Mr. Thornton Nicklas.
4. Equipment needed for Jefferson County Weather Bureau, Committee member.
5. Replacement for B. L. Hinson on Zoning Board of Appeals.
6. Budget worksheet.
7. Letter to Mrs. Joyce Ross.
8. Fire drill field.
9. Presentation of plans at next meeting, Mr. Dave Perrell.
The meeting was adjourned at 10:20 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
l vg-jc A4a..X
H. E. NAGEL, Mayor
City of Nederland, Texas
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
May 23, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 May 9 meeting as written. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the Annual
City - School Summer Recreation Program as presented by Mr. Fred Porter with a budget
of $16,620.00, operating from June 5 - July 14, with registration on June 2. All
Voted Aye.
A presentation was made by Mr. Tom Wright, Office of the Governor, of a proposition
for City of Nederland to participate in Energy Conservation Program through efficient
insulation of structures.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following
Resolution and Agreement providing for minimum insulation and setting effective date.
All Voted Aye.
RESOLUTION
WHEREAS, action was taken by the City Council of the City of Nederland on
February 28, 1978, to endorse participation in the Governor's Office of Energy
Resources Thermal and Lighting Standards Program; and
WHEREAS, the Governor's Office of Energy Resources has made available to the
City of Nederland a total funding not to exceed $5,000; and
WHEREAS, a contract and agreement between the two parties is desirous;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
That the City of Nederland hereby adopts the contents of a Grant Agreement
between the City of Nederland as Performing Contractor and The Governor's Office of
Energy Resources as Receiving Agency; and
That the Mayor is hereby directed to sign such agreement and forward such
copies as required to the appropriate agencies.
PASSED AND APPROVED on the 23rd day of May, 1978, at a regular duly called
meeting of the City Council of the City of Nederland, Texas.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
H. E. NAGEL
H. E. Nagel, Mayor
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
Minutes Continued, May 23, 1978
THE STATE OF TEXAS X
COUNTY OF TRAVIS X ,
GRANT AGREEMENT
This contract and agreement is entered into by and between the two following
parties:
THE RECEIVING AGENCY: Governor's Office of Energy Resources
THE PERFORMING CONTRACTOR: City of Nederland
I. STATEMENT OF SERVICES TO BE PERFORMED
The services to be performed under this Grant Agreement are based on the thermal
and lighting standards program of the State of Texas Energy Conservation Program
(SECP) funded by the United States Department of Energy.
Under this Grant Agreement, the performing contractor will participate in the
pilot- testing of thermal and lighting efficiency standards locally as part of the
SECP thermal and lighting standards program.
A. The Governor's Office of Energy Resources (GOER) and the City of Nederland
mutually agree to the following:
1. The City will meet the requirements for participation in the thermal
and lighting standards program, for the duration of that program.
a. The City currently enforces a building code.
b. The City has the necessary personnel to enforce an energy conservation
code.
C. Sufficient construction is occurring in the City to provide an adequate
test of the code .
d. The City will allow its code enforcement personnel to participate in
the energy conservation code training.
e. The City will allow GOER to monitor the project and will provide feed-
back on problems encountered.
B. The City will work toward adopting and implementing the Model Code for Energy
Conservation in New Building Construction developed by the National Conference
of States on Building Codes and Standards ( NCSBCS).
C. GOER will provide NCSBCS Code training for City staff members, and as space
allows, for members of the building community.
D. GOER will provide assistance -- general or technical -- to the City upon request. '
Informational materials will be available from GOER. GOER representatives will
participate in project activities upon City's request (and as schedules will
permit).
21(
Minutes Continued, May 23, 1978
E. The City will provide GOER with a Quarterly Status Report in narrative form.
' The report shall be in GOER office by the 10th day of the month following
the close of the quarter. Each report will include project activities to
date, the effectiveness of the code and any problems with its interpretation
or enforcement.
II. GRANT FUNDS
This Agreement provides for the City of Nederland to receive a total funding
equal to the total indicated in the attached budget submitted by the City, not
to exceed $5,000, to implement the thermal and lighting standards program.
Grant funds will be administered on a reimbursement basis. On a monthly basis,
the City will submit to GOER, project expenditures supported by source documents
including actual invoices and official payroll records; and also a cover letter
containing the period over which the expenses were incurred, a list of the
expenses by City budget category and a sum total of expenditures. Upon receipt
of this Expense Report, GOER will prepare a state voucher which the City will
review, certify and return to GOER for payment.
Grant funds may not be used to purchase office supplies or equipment, but will
be used exclusively for expenses incurred in implementing the thermal and
lighting standards program.
Should the City withdraw from the thermal and lighting standards program, grant
funds will be terminated as of the withdrawal date.
' III. TERM OF AGREEMENT
This agreement shall begin on February 13, 1978 and will terminate December 31,
1978; however, the funding amount committed for 1978, per the attached budget,
will be available until expended and therefore may be used in 1979.
This contract constitutes the integral agreement between the contracting parties
and may not be amended except by an agreement in writing executed by both
parties.
RECEIVING AGENCY: PERFORMING CONTRACTOR:
THE GOVERNOR'S OFFICE CITY OF NEDERLAND
OF ENERGY RESOURCES
by HOMER E. NAGEL
Alvin C. Askew, Administrative
Assistant for Energy Resources MAY 23, 1978
Attachments
APPROVED AS TO FORM AND LEGALITY:
' W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
228
Minutes Continued, May 23, 1978
Sealed proposals on hospitalization and life insurance on city employees were
opened and read. Bidders were Business Men's Assurance, Metropolitan Life, Hartford
Insurance, Blue Cross -Blue Shield, Uni -Mark, and Crown Life Insurance.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer proposals for
city employee hospitalization and life insurance to the City Manager for study and
recommendation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize a sanitary
sewer tap (outside city) in accordance with City policy by Mr. Wade Richard, Mr.
Paul Marvel, and others on Canal Avenue at 34th Street and that they own and
operate the line in accordance with rules and regulations until the area from Canal
Avenue to the L.N.V.A. Canal and from 27th Street to Highway 69 is annexed into the
City of Nederland and city water and sewer is provided at which time the ownership,
operation, and maintenance shall be transferred to the City. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid for high pressure
cleaning of a list of sanitary sewer lines to the low bidder, Cole Cleaning and Con-
tracting of Beaumont, Texas, for $47.50 per hour, this includes all equipment, insurance,
overhead, and minimum of three men. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to ratify all previous
agreements with the South East Texas Regional Planning Commission for funding of
employees under Comprehensive Employment Training Act, Titles I, II, and III. All Voted
Aye.
A motion was made by Mr. Gillespie: and seconded by Mr. Nugent to authorize investment
of proceeds from $3,000,000 G. 0. Bond Sale and $1,450,000 proceeds from W/S Bond
Sale. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve plan and authorize
advertisement for Street Improvement bids to be received 6:30 P. M., June 27 , as
follows: South 6th Street, from Avenue "H" west to Main "B" ditch located between
Avenue "D" and Avenue "E "; and, 18th Street, from Helena Avenue to Canal Avenue.
All Voted Aye.
Discussion items were as follows:
1. Apologies concerning newspaper articles following previous meeting.
2. VFW poppy sale, May 26 and 27.
3. Annual appointments.
4. Replacement of Zoning Board of Appeals member.
5. Fire Agreements not resolved.
6. Reservations obtained for Galveston meeting.
7. ROW and tank site on 17th Street.
8. Budget decision about wages, benefits, etc.
9. Annual supply bids.
10. Wine and beer application received from Broussard's Seafood, Steaks Restaurant.
The meeting was adjourned at 9:00 P. M.
ATTEST:
A
E. Nfdgel`, MV&r
J
City of Nederland, Texas
Alta Fletcher,-City-Secretary
City of Nederland, Texas
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 13, 1978
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, and Mr. E. T. Gillespie.
Members absent were Mr. T. E. Lee, Jr., and Mr. R. A. Nugent.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the
Minutes of the meeting of May 23, 1978. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award the bids for
employees /spouse /children hospitalization and life insurance to The Hartford with a
bid of $87.00 and set the effective date to transfer from present carrier of July 1,
1978. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize payment
to Golden Triangle Constructors, Inc., Estimate No. 1, in the amount of $55,700.00
for the Detroit Avenue sanitary sewer from 17th Street to 25th Street. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Director
of Public Works, John I. Bamber, to attend the annual Public Works Conference in
Boston, October 14 - 19, 1978, and to attend Solid Waste Demonstration in New Orleans
when sponsored by the South East Texas Regional Planning Committee. All Voted Aye.
Mr. David Borengasser and Mr. Will Larraine of Charles R. Haile Associates, presented
plans and specifications for the paving of 27th Street.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie for approving the plans
for paving of 27th Street from Nederland Avenue to Helena Avenue and authorize
advertisement for bids to be received 6:30 p.m., July 11, 1978, and authorize appraisal
and acquisition of four (4) parcels of right -of -way along this project and at the
intersection of Helena with 27th Street. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to void the agreement
with Sunoco Terminals which was approved on May 9, 1978, and authorize the revised
agreement with Sunoco Terminals, Inc., for providing potable water to Sunoco and
approval of the Resolution providing for same. All Voted Aye.
STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
THAT this agreement made and entered into between the City of Nederland, a
municipal corporation in Jefferson County, Texas, and Sunoco Terminals, 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 and Sunoco Terminals, Inc.,
hereinafter referred to as Sunoco, agrees to take and purchase treated fresh water.
Minutes Continued, June 13, 1978
The City binds itself to furnish to Sunoco water of the same quality and purity that
it delivers to its customers within its corporate limits. I
II.
The term of this Contract shall be for a period of ten (10) years from date
hereof unless sooner terminated according to the terms hereof. Sunoco with approval
of the City, shall have the option at the end of ten (10) years from the date of
this Contract to extend this agreement for an additional ten (10) years.
III.
The initial monthly rate for the water shall be as follows:
First 20,000 gallons $17.20
All over 20,000 gallons (per 1000) _ 0.65/1000
It is the intention of the parties to this agreement that the City shall
charge for all over 20,000 gallons used each month throughout the term of this
Contract at a rate equal to $0.05 per thousand gallons of water more than the
charge to residential water customers inside the City limits of Nederland as
specified in City of Nederland Ordinance No. 155 and the charge as set out
herein shall be proportionally amended and effective upon the effective date of
any subsequent amendment to Ordinance No. 155 which may hereafter be approved
by the City of Nederland, Texas. The City agrees to furnish Sunoco adequate
treated fresh water to the maximum limits of the City Treatment Plant capabilities
and not to exceed 20,000,000 gallons of water per month. I
IV.
The City shall reimburse Sunoco for all expenditures made in laying the
water line and installing the fire hydrants hereinafter referred to, from the
city line in the vicinity of Canal Street and North 12 Street to the Sunoco
water meter (hereinafter called The System) such to be done in accordance with
plans entitled Charles R. Haile Associates, Inc., Job #377 -44A (36 sheets)
subject to, and in accordance with, provisions as follows:
Method of payment and determination of Contractor:
A. Sunoco shall, before any work is started in System in regard to
laying of water line, request the City Council to solicit bids for the
account of the City. These bids shall be solicited in accordance with
the requirements and specifications and shall include a 100% Material
Payment Bond and a 100% Performance Bond provided by Contractor.
B. The Bids shall be opened during an official meeting of the City Council.
The City shall award the contract to the Bidder accepted by Sunoco as
the lowest responsible Bidder, quality considered.
C. Sunoco shall within a reasonable time deposit with the City Secretary
a Certified Check, Chash.ier's Check, or Bank Officer's Check made
payable to the City of Nederland in an amount equal to the Awarded I
Contract Bid which shall be deposited in an interest bearing account
at Nederland State Bank.
2,))l
Minutes Continued, June 13, 1978
D. Upon completion of the work and acceptance of said work by Sunoco and the City,
the City shall pay to the Contractor the sum so deposited by Sunoco, and
refund balance remaining in said account.
E. Upon the completion of the water line within said proposed System, it is
agreed that the City of Nederland shall reimburse Sunoco for all the costs
incurred in constructing the said System; and the City of Nederland shall
pay such reimbursement as follows:
1. Said payment shall be made from gross water charge revenues received
by City from sales and services along the system water line including
water revenues received from Sunoco and payments shall be made annually
on, or before November 1st of each calendar year
for the previous calendar year on the basis of fifty (50 %)
percent of said revenues received. The said fifty (50 %) percent of the
income so received shall be applied to the payment of the cost of the
System until paid in full, including engineering fees equal to six (6%)
percent of the Construction Contract Cost.
2. Upon payment of the above mentioned sums of money it is hereby agreed
that the City will own said lines in fee simple and Sunoco, their heirs
or assigns, shall execute any and all Quit Claim Deeds necessary to
convey said lines to the City.
It is still further agreed by and between the Parties thereto that the City will
furnish and pay for the full cost of five fire hydrants and appurtenances to be
installed along the System.
' The City shall (after acceptance of the System by City) operate and maintain the pipe-
line and appurtenances including five (5) fire hydrants from the downstream side of
the water meter to the point of connection near 12th Street during the useful life
of the pipeline and appurtenances and may, at City's expense, replace parts or portions
thereof should such facilities become defective in the opinion of the City.
V.
The City shall have the supervision and control of the master meter located as
shown on the plans subject to the right of Sunoco at its expense to have such meter
tested or checked at all reasonable times.
Any easement, road crossing permits, or right -of -way necessary to install the
line to the property of Sunoco shall be obtained by the City.
►Il�6
City will allow Sunoco to make connections such as Sunoco elects to this
installation in accordance with State Health Department Standards from the downstream
side of water meter to the termination of the installation on the property of Sunoco.
City may make connections such as the City elects from the upstream side of
the water meter to the connection point located on Canal Street near 12th Street.
The installation from the downstream side of the water meter to the termination
of the installation on the property of Sunoco shall be installed, owned, and
maintained by Sunoco.
Minutes Continued, June 13, 1978
VII.
The City shall furnish Sunoco with monthly statements on or before the 10th
day of each month showing the amount of water delivered to Sunoco each month through
the master meter. In the event the master meter is inoperative for any reason,
water used during the period of in.operation 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 30 days after billing for water metered
during the previous month.
In connection with the foregoing provision regarding the payment for water
delivered through said master meter, it is provided that in the event Sunoco fails to
pay any water billed for within said time the City may give written notice thereof to
Sunoco by Registered Mail, with Return Receipt Requested, of such failure, and if not
paid within five (5) days after receipt of such notification, the City shall have the
right to cease delivery of water under the terms of this Agreement.
Ll"ew
Sunoco, as part of the consideration per this Contract, agrees that the City,
its agents and representatives, shall have (and it is hereby granted) privilege and
permission at its and their sole risk, to inspect the water lines in connection with
the water sold to Sunoco under the terms hereof. Sunoco covenants, binds and obligates
itself that all water connections to this pipeline hereafter installed by Sunoco shall
meet and conform to the minimum requirements of the City and the State Health Department
regulations for a "state approved water system ".
Failure of Sunoco to correct any violation of this section within thirty days
after receipt of written notice from the City of the violation, shall give the City
the right to temporarily cease to deliver treated water under this Contract until
such time as corrections are completed to conform with such State Health Department
regulations.
Provided, however, that if Sunoco's failure to correct any such violation is
caused by fire, strike, riots, lock -outs, storms, drought, war, act of God or its
inability to procure any necessary materials, equipment,or permits, Sunoco shall
have a reasonable time after such cause has been detected in which to complete the
correction of any such violation.
IX.
It is further specially understood and agreed that the City shall not be liable
to Sunoco for failure to furnish water under this Contract if such failure is caused
by fire, strike, riots, lock -outs, 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 limes, 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 Sunoco under this Contract are sub-
ordinate 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.
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Minutes Continued, June 13, 1978
It is further provided that the needs of Sunoco and its rights hereunder shall
be superior to any subsequent outside City water customer of 100,000 gallons per
month or greater usage.
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 Sunoco or its customers,
then it is agreed that this Contract may be terminated by Sunoco, and that water may
be purchased from any other available source.
XII.
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.
XIII.
That this agreement shall inure to the benefit of and be binding upon the parties
hereto, and their respective successors and assigns.
XIV.
This Contract shall be null and void at the option of the City if Sunoco has not
begun the 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, Sunoco Terminals, 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 on this the 13th
day of June, 1978.
CITY OF NEDERLAND
HOMER E. NAGEL
Mayor
ATTEST:
LA DONNA ANDERSON
Acting City Secretary
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
SUNOCO TERMINALS, INC.
Vice - President
Secretary
BEFORE ME the undersigned authority on this day personally appeared Homer E.
Nagel, Mayor of the City of Nederland, known to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of June, 1978.
Notary Public
Minutes Continued, June 13, 1978
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME the undersigned authority on this day personally appeared ,
of Sunoco Terminals, Inc., a corporation, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed and
in the capacity therein stated and that the act and deed was of said corporation.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE this 13th day of June, 1978.
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
City Attorney
A RESOLUTION
Notary Public
Sunoco Attorney
WHEREAS, Sunoco Terminals, Inc., a corporation authorized to do business in
Texas, has 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 Sunoco Terminals, Inc., selling water to the said Sunoco Terminals,
Inc.;
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 Sunoco Terminals,
Inc., whereby the City of Nederland will sell water to Sunoco Terminals, 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 13th day of June, 1978.
ATTEST:
LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Hermann '
Blanton of Hall & Hall Associates to prepare appraisals in accordance with the Bureau
of Public Roads standards for the acquisition of eleven (11) parcels of property for
street widening of Nederland Avenue at its intersection with 14th Street and 21st
Street. All Voted Aye.
u
1
23 11)
Minutes Continued, June 13, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize payment
from Developer's Escrow Account to Tejas Utilities, Inc., for sanitary sewer work
in Allan Meadow Section Three in the amount of $29,160.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the payment
of the bills for the month of May, 1978. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize Darrell
Marchand to attend a Unit I Wastewater School in Orange, June 12 - 16, 1978.
All Voted Aye.
Discussion items were as follows:
1. Lena Matte, 211 South 15 Street, sewer crew left large holes in road after
unstopping sewer.
2. Civil Defense meeting at the Air National Guard Building, June 13, 1978.
3. "No Parking From Here to Corner" sign needed at 36th Street and Atlanta.
4. Dallas Broussard recommended to replace Barney Hinson on the Board of Appeals.
5. Bob Harmon, Babe Ruth Baseball League, has asked the City to furnish the
electricity at the baseball diamond at the high school for the practice games
through the Summer Recreation Program; it would be approximately $300 per season.
6. One on premise alcoholic beverage license applied for.
7
8
9
10
11
Annual bids for pipe, meters, and meter repairs.
Chief Neal to attend meeting in Nacogdoches and Mr. Henson to attend the annual
City Manager's meeting in Arlington.
TML Region 16 meeting in San Augustine, Thursday, June 15, 1978.
Budget review items:
a. All department heads have preliminary budgets ready.
b. Possibil =ity of charging a fee for out of town people to use Library.
C. Set up fund or get insurance for all legal matters for department head defense.
d. Swing sets will be purchased for Doornbos Park if we get a grant from
the Energy Resources Office.
e. Federal and State Law requires that we pay workmens compensation.
f. Senior Citizen exemption.
g. Traffic engineering studies.
h. Reassessed valuation for the City of Nederland.
i. Employee wages and benefits.
j. Sales tax income has increased.
k. Increased income from Sunoco with the new agreement.
1. New garbage equipment.
Pipe Fitters Local 195 paying City for sewer.
The meeting was adjourned at 8:45 p.m.
ATTEST:
LADONNA ANDERSON( ,fin r -yr - ln i pon nn
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 27, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie.
Members absent were Mr. R. D. Sawyer and Mr. Tom Lee, Jr..
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of June 13, 1978 as written. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to grant a permit for
"on premises" consumption of alcoholic beverages to Broussard's Seafood and Steak
House, 103 Nederland Avenue, in accordance with Ordinance No. 70. All Voted Aye.
Sealed bids were received, opened, and read for paving, storm sewers, sidewalks,
and appurtenances along 18th Street from Helena Avenue to Canal Avenue, and along
South 6th Street from Avenue H north to Main "B" Canal near Avenue E. Bidders
were: Trotti and Thompson, Excavators Constructors, F. Gatlin Asphalt, Steele
Construction Company, Mar -Len, Inc., J. C. N. Pavors, and Liberty Industrial.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids
for paving, storm sewers, sidewalks, and appurtenances along 18th Street and ,
South 6th Street to the City Manager and City Engineer for tabulation and recom-
mendation. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve plans and
advertisement for bids to be received 6:30 P. M., July 25, for drainage storm
sewer projects along 1st Street from Atlanta Avenue to FM 366 and along FM 366
to drainage structure located near the projection of Gage Avenue, and along Avenue
E from South 1� Street to South 2� Street and along South 2nd Street from Avenue
E to Main "B" Canal. All Voted Aye.
A Public Hearing was conducted for the purpose of obtaining written and oral
comments from the public on proposed uses of Revenue Sharing funds in the upcoming
budget in the Fiscal Year 1978 -1979. There was no one present to question the
expenditures.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Public
Hearing as conducted on proposed uses of Revenue Sharing Funds in the Fiscal Year
1978 -1979 Budget and to set other hearings to coordinate with the regular City of
Nederland budget, Article VII of the City Charter. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize adver-
tisement for bids on annual supplies to be received 6:30 P. M., July 25, 1978. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Wastewater
Plant Operator, Kenneth Spell, to attend Wastewater Laboratory course to be held
in Orange from July 17 -22, 1978. All Voted Aye.
Minutes Continued, June 27, 1978
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to
appoint each of
the following for their respective terms of office as designated
by the City Charter:,
CITY OFFICIALS
Expiration
Alta Fletcher, City Secretary, Tax Assessor - Collector
6/30/79
J. Melvin Franks, City Judge
6/30/79
Billy J. Neal., Chief of Police
6/30/79
W. E. Sanderson, City Attorney
6/30/79
Austin W. Sattler, Fire Chief
6/30/79
J. B. McKinney, City Treasurer
6/30/79
PLANNING COMMISSION
Expiration
Melvin L. Moss 612 Boston Avenue
6/30/80
R. J. Lawrence 1121 Avenue H
6/30/80
Clifford 0. Williams 2610 Avenue C
6/30/80
Robert Bodemuller 1416 Avenue D
6/30/80
R. J. Williford 624 27th Street
6/30/80
ZONING BOARD OF APPEALS
Expiration
Cecil Fleming 3107 Callaway
6/30/80
J. C. Woodson 3511 Avenue L
6/30/80
Bill Quick 724 17th Street
6/30/80
Joe Cureton P. O. Box 476
6/30/80
Dallas Broussard 604 11th Street
6/30/80
CIVIL DEFENSE
Expiration
Jerry McNeill 412 13th Street
6/30/79
Billy Neal, Assistant 1407 22nd Street
6/30/79
All Voted Aye.
Mayor Homer E. Nagel expressed his appreciation and thanks to the
City Officials for
their effort put forth in performing their duties.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to amend
the City of Neder-
land Policy pertaining to attendance of schools and meetings as follows:
CITY OF NEDERLAND
CITY EMPLOYEES' POLICY - SCHOOLS AND MEETINGS
_7
1. SCHOOLS: Expenses shall be appropriated in the Annual Budget, and additional
approval obtained from City Council for each school. City will pay all expenses
for schools attended during the scheduled working hours and tuition and regis-
tration expenses only at schools conducted at times other than scheduled working
hours, however, tuition will be paid by employee if he fails to attend suffi-
ciently to be awarded a "Certificate of Completion ".
2. MEETINGS: Expenses incurred by Department Heads (Tax Assessor - Collector, Librar-
ian, Treasurer, Director of Public Works, Fire Marshal, Police Chief, Plumbing
Inspector, Building and Electrical Inspector, Water Superintendent, Attorney,
Judge), only, shall be appropriated in the Annual Budget, and additional
Minutes Continued, June 27, 1978
approval obtained from City Council prior to attendance at any meeting other than as
follows:
A. ANNUAL STATE TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head shall be '
permitted to attend every other year.
B. ANNUAL STATE DEPARTMENTAL MEETINGS: Each Department Head shall be permitted
to attend one State Meeting every year.
C. REGIONAL TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head shall be
permitted to attend every other month.
D. LOCAL DEPARTMENTAL MEETINGS: Each Department Head may attend monthly meetings
of that Organization.
EXPENSE MAXIMUMS:
Room: Actual Cost, not to exceed $45.00 /day, supported by receipt
Meals: $20.00 /person /day
Tips, Parking, etc.: $10.00 /day
Transportation: $.20 /mile in personal vehicle, actual cost by public
NOTE:
Attendance at out -of -town meetings shall be limited such as that not more than
half of all Department Heads shall be absent at any one time.
APPROVED BY CITY COUNCIL: June 27, 1978
D. B. HENSON
D. B. Henson, City Manager
All Voted Aye.
There was a discussion pertaining to propositions being considered for inclusion in
the 1978 -1979 Budget.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve final accept-
ance and payment of the final Estimate No. 2 in the amount of $34,692.04 to Golden
Triangle Constructors, Inc., for the Detroit Avenue from 17th Street to 25th Street
sewer line and to authorize Change Order lowering the amount. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize City per-
sonnel to proceed with proposed major rezoning of the City in accordance with Ordinance
No. 146 and referral to the Planning Commission for its recommendation and report.
All Voted Aye.
An Executive Session was held and no action was taken on matters pertaining to the
purchase of right -of -way and properties necessary for implementation for City of
Nederland improvements programs; Article 6252 -17, V.A.T.S..
Discussion items were as follows:
1. Request by residents on South 14th Street to be on Agenda for next meeting.
2. Placing of travel trailor on property of Mrs. Hahn located at 118 Hill Terrace.
3. Trucks causing dust behind Airport Towers Motel.
4. Street repairs in the 300 Block of 23rd Street.
5. Attendance of S.E.T.R.P.C. meeting last week by Mayor Nagel and Councilman
Gillespie.
1
1
239
Minutes Continued, June 27, 1978
6. Radar Station for weather service.
7. Jack Brooks Building dedication.
8. President Carter's visit to Beaumont.
9. Request for 4 -Way Stop Sign at 14th Street and Luling Avenue.
10. Cancellation of July meeting of the S.E.T.R.P.C..
11. Insurance rates for retirees.
12. Repair work on Detroit Avenue sewer line job.
13. Fire Station renovation.
14. Gulf States Utilities to put rate increase in effect July, 1978.
15. Sodium Vapor Light in City Hall parking lot.
Meeting was adjourned at 9:12 P. M.
ATTEST:
Alta Fletcher, ity Secretary
City of Nederland, Texas
Aft .. - -
H. E. Nagel, ayor
City of Nederland, Texas
`.11I
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDE:RLAND ,
July 11, 1978
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were Mr. E. T. Gillespie, Mr. R. A. Nugent, Mr. Tom Lee, Jr.,
Mr. Robert Sawyer, and Mr. H. E. Nagel.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
Minutes of June 27, 1978, as written. All Voted Aye.
Sealed bids were received, opened, and read for paving, storm sewer, sidewalks, and
appurtenances along 27th Street from Nederland Avenue to Helena Avenue. Bidders
were: Mar -Len, Inc., Trotti and Thompson, Liberty Industrial, J. C. N. Pavers,
Excavators Constructors, and F. Gatlin Asphalt.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
paving, storm sewer, sidewalks, and appurtenances along 27th Street from Nederland
Avenue to Helena Avenue to the City Manager and City Engineer for tabulation and
recommendation. All Voted Aye.
• presentation was made of the 1978 -1979 Fiscal Budget for the City of Nederland.
• motion was made by Mr. Nagel and seconded by Mr. Lee to approve a Resolution '
setting a Public Hearing for 6:30 p.m., August 8, 1978, for adoption of the 1978 -
1979 Fiscal Budget for the City of Nederland. All Voted Aye.
Mr. Calvin Woods, Mr. John Stelly, and Mr. Albert Reese were present to discuss
the new policies regarding sick leave and retirement benefits in the proposed
budget.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the plans for
installation of storm drainage structures and appurtenances along Avenue D from
20th Street to 21st Street and each direction aloncl 21st Street; Hardy Avenue
from Main "C" Canal to Avenue "B" and along 32nd Street from Main "C" Canal to
Avenue A; and authorize plans for paving of 3rd Street from Nederland Avenue to
Gage Avenue; and authorize advertisement for bids to be received 6:30 p.m., August
8, 1978. All Voted Aye.
Mrs. Hernandez, 815 South 14 Street, was present along with some of her neighbors,
to discuss the possibility of the City either lowering the speed limit down their
street or some other means of slowing the traffic down along the curves. It was
discussed and they decided to use Proposal No. 2, locate two hazard indicating beacons
between 723 and 803 South 14 Street. This would place the warning beacons directly
in the line of vision of a driver approaching from either direction.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the City
Manager and his staff to relocate street lights and place flashers between 723 and
803 South 14 Street. All Voted Aye. '
Mr. Ralph McBride was present to ask the Mayor and Council to give their written
support to the FCC in regards to his opening a FM radio station in this area. He
stated the FCC needs written proof that the station could benefit the communities
in the area. The station would be a Christian station and they would broadcast
local sports events and area news.
Minutes Continued, July 11, 1978
Mr. Robert Sawyer had to leave at 8:40 p.m. to go to work.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bids received
' during the meeting of June 27, 1978, for installation of paving and appurtenances
along (a) South 6 Street from Avenue H to Main "B" Canal, and (b) along 18th Street
from Helena Avenue to Canal Avenue to F. Gatlin Asphalt who were the low bidders,
for (a) they bid $196,913.50 and for (b) $424,042.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of
bills for the month of June, 1978.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve attendance and
expenses of employees as follows:
(a) James Byers, Building Official, A & M Municipal Inspector's Training
School, August 7 -11, 1978;
(b) W. D. Winfrey, Plant Foreman, A & M Equipment Maintenance Workshop,
August 1 -3, 1978;
(c) John Bamber, Director of Public Works, A & M Executive Development
Program in Houston, August 23 -24, 1978;
(d) Ricky McKeever, A & M School, October 2 -6, 1978;
(e) James Mosely, Street Superintendent, A & M School in Houston, July 18 -19, 1978;
(f) A. W. Sattler, C. A. Slayton, Glen Crorey, Firemen, and Byron Richard and
Glenn DeCuir, One and One -half Volunteer Firemen, A & M Firemen's Training
School, July 24 -28, 1978.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve an Amendment
to Ordinance No. 221 providing for protective pipe retainers to completely surround
pumps in self - service gas stations and convenience stores. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 221
AN ORDINANCE REGULATING THE SALE AND HANDLING OF VOLATILE AND FLAMMABLE
LIQUIDS INCLUDING GASOLINE IN GARAGES, SERVICE STATIONS AND OTHER PLACES
OF BUSINESS HAVING VOLATILE OR FLAMMABLE LIQUIDS FOR SALE TO THE PUBLIC
IN THE CITY OF NEDERLAND AND PROVIDING A PENALTY OF A FINE OF NOT LESS
THAN $1.00 NOR MORE THAN $100.00.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section I: Gas pumps and islands completely enclosed.
Gas Pumps and Islands contained in self - service gas stations and convenience
stores shall be completely enclosed with a pipe fence standing no higher than 28"
from ground to top of pipe and no lower than 25 ". These pipes shall be cemented to
the ground not less than 12" deep and of no less than 3" in diameter of at least
schedule 40 pipe or meterial of equal strength. The verticle pipes shall be no more
than 3 feet apart in any place measuring along the length of the horizontal pipe.
There shall be a horizontal pipe welded to the top of the verticle pipe completely
enclosing the gas dispensers and island. This pipe shall be no less than 2" in
diameter and of not less than schedule 40 pipe.
' This article shall cover all self- service gas stations and convenience stores
with self - service gas dispensers with 4 pumps or less. It shall also cover self
service gas stations and convenience stores with more than 4 pumps if they become
hazardous as deemed by the Fire Marshal's office.
Minutes Continued, July 11, 1978
Section II: Penalty for violation of article.
Persons who violate the provisions of this article shall be guilty of a
misdemeanor and upon conviction shall be fined in an amount no to exceed One
Hundred Dollars ($100.00) for each violation.
Section III: Effective Date.
This ordinance shall be effective 90 days after its passage and publication
as required by law.
PASSED AND APPROVED this the 11th day of July, 1978.
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
&? ?rr, . �y� 4
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
An Executive Session was held and, no action was taken on matters pertaining to the '
purchase of right -of -way and properties necessary I -or implementation for City of
Nederland improvements programs; Article 6252 -17, V. A. T. S.
Discussion items were as follows:
1. Blind corner at 23rd and Helena.
2. Fence causing blind corner at Good Earth on Twin City Highway.
3. Dust problem on parking lot next to Airport Towers.
4. Emmett Harper's brother reported to police that someone broke into his home
but did not steal anything and he said they refused to investigate.
5. Several locations all over the city have tree limbs hanging over street.
6. James Bailey, Avenue "N ", trash blowing in yard. from field on corner of Hwy 365
and South 29 Street.
7. Mrs. A. C. Handley, 1304 Avenue "A ", vacant house next door has broken windows and
high weeds, also someone is coming into the house at night and having parties.
8. Public using private dumpsters for shrimp and fish which make it smell.
9. Mid County Municipal League meeting, July 19, Port Neches City Hall, cancellation
of Fire Drill Field.
10. Babe Ruth League lighting.
11. Delivery of garbage bags within next week; take bids for another 12 months.
12. Public Hearing, July 14, 1978, LNVA, 10 a.m., request to increase permit for
Wastewater disposal.
13. Public Hearing, August 4, 1978, for priority of Wastewater Treatment Plant.
14. Driveway policy expires September 15, 1978.
Minutes Continued, July 11, 1978
15. Equalization Board meets July 21 -22, 1978.
16. Library's best month for circulation.
17. Use of Ordinance No. 121 by commercial businesses on Hwy 365.
18. Two new houses on corner of 27th and Canal getting city water.
19. Blower out at sewer plant.
20. Hospitalization insurance being purchased by employees after they retire at
age 65.
21. Plans for swimming pool at park should be ready in August and accept bids in
September.
The meeting was adjourned at 10:20 p.m.
IC Z &4 oy
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
lj�n 01,-iQ,- dry-)C/ 0 Aiirr,�i
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
July 25, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. T. E. Lee, Jr., Mayor H. E. Nagel, Mr. R. A. Nugent, and
Mr. Sam Gillespie. Mr. R. D. Sawyer was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of July 11, 1978 meeting as written. All Voted Aye.
Sealed bids were received, opened, and read for drainage structures along 1st Street
from Atlanta to the outfall ditch on FM 366; and along South 1� Street and along
South 2nd Street from Avenue "E" to Main "B" Ditch. Bidders were: Imperial Construc-
tion, Inc., Trotti & Thompson, Excavators and Constructors, Inc., Bella Company,
Golden Triangle Constructors, Inc., F. Gatlin Asphalt Company, Joe C. Norman Equip-
ment Company, Mar -Len, Inc., Steele Construction Company, and Robert Blackshear.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
drainage structures along 1st Street, South 1� Street, and South 2nd Street to the
City Manager and his staff for tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for annual supplies. Bidders were: ,
Eagle Pipe and Supply Company, Rohan Company, Rockwell International, Southwest Meter
and Supply, Can -Tex, Fuller Supply, Van Waters and Rogers, Stauffer Chemical,
Diamond Shamrock, McKesson Chemical, Thompson - Hayward, G. W. Jones, Inc., Cyanamid
American, Municipal and Utility Supply, Western Pipe and Supply, Golden Triangle
Pipe Supply, Utility Supply, Municipal Pipe and Fabricating Company.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the bids
for annual supplies to the City Manager and his staff for tabulation and recom-
mendation. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve plans and
authorize advertisement for bids to be received 6:30 P. M., August 22, 1978, for
storm sewers along 14th Street from Marshall to Navasota and along Ithaca, Jackson,
and Kent Avenues from 14th Street to the drainage structures located on Gulf States
Utilities right -of -way. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize advertise-
ment for bids to be received 6:30 P. M., August 22, 1978, for construction of water
lines and appurtenances from Canal. Street near 12th Street intersection along Canal
to FM 347 to Sun Oil Company in accordance with the contract of June 13, 1978; and
to approve pipeline crossing contract with Kansas City Southern Railway Company for
a water line crossing of their facilities at Mile Post 775 plus 100 feet. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Change
Order No. 1 to F. Gatlin Asphalt Company contract, Job No. 378 -5P (18th Street)
providing for ABS sewer pipe as an equal to clay pipe and permitting Golden Triangle
Constructors as subcontractor for this project. All Voted Aye.
245
Minutes Continued, July 25, 1978
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., August 22, 1978, for 945,000 garbage bags to
be purchased during the next year. All Voted Aye.
There was a discussion of the report on this years City - School Summer Recreation
Program.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the follow-
ing Resolution and Attachment "A" on acceptance of responsibilities for wastewater
management under the Section 208 program for the area within Nederland's extra-
territorial jurisdiction not presently a part of Water Control and Improvement
District No. 10 and the property of Jefferson County Airport not presently within
the city limits of any incorporated city. All Voted Aye.
RESOLUTION
A RESOLUTION OF THE CITY OF NEDERLAND OF JEFFERSON COUNTY, TEXAS INDICATING ITS
UNDERSTANDING OF THE 208 FACILITY MANAGEMENT AGENCY DESIGNATION PROCESS AND ITS
WILLINGNESS TO PROCEED WITH IMPLEMENTATION OF DESIGNATED RESPONSIBILITIES UNDER
THE SOUTH EAST TEXAS "208" AREAWIDE WASTE TREATMENT MANAGEMENT PLAN.
WHEREAS, the City Council of the City of Nederland of Jefferson County, Texas
recognizes that pursuant to the Federal Water Pollution Control Act, as amended, the
Governor shall designate one or more waste treatment management agencies to carry
out appropriate portions of an Areawide Waste Treatment Management Plan for the
South East Texas "208" Planning Area developed under Section 208 (b) of said Act;
and
WHEREAS, said designated management agency must have the authority and capa-
bility to carry out applicable portions of the Areawide Waste Treatment Management
Plan; and
WHEREAS, the designated management agency must indicate its willingness to
proceed to carry out its responsibilities as identified in the Areawide Waste
Treatment Management Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland
of Jefferson. County, Texas does hereby agree to accept, assume and carry out certain
responsibilities identified in the South East Texas "208" Areawide Waste Treatment
Management Plan, as provided in the Condensed Areawide Plan, such responsibilities
being attached hereto as Attachment "A" and made a part hereof by reference as
though fully set out herein.
H. E. NAGEL 7/25/78
H. E. Nagel, Mayor (Date)
ATTEST:
ALTA FLETCHER 7/25/78
Alta Fletcher, Secretary (Date)
Attachment "A"
The City of Nederland's understanding of its designated responsibilities under the
South East Texas "208" Areawide Waste Treatment Management Plan is as follows:
Minutes Continued, July 25, 1978
The City of Nederland is to continue the present collection and treatment configura-
tion of the City of Nederland. ,
The City of Nederland is to be the facilities management agency within its own
jurisdiction. This jurisdiction is defined as the area within Nederland's City
Limits, and the area within Nederland's extraterritorial jurisdiction not presently
a part of Jefferson County Water Control and Improvement District No. 10. The
property of the Jefferson County Airport is not presently within the City Limits
of any incorporated City. The City of Nederland has recently been approached by
representatives of the airport and requested to receive transport and treat waste-
water from the airport. The City of Nederland does therefore include the property
of the Jefferson County Airport as within the City of Nederland's jurisdiction rela-
tive to the City's role as a facilities management agency for wastewater. The City
of Nederland does also acknowledge that the proposed Greater Beauxart Gardens
Municipal Utility District (MUD) includes a part of the extraterritorial jurisdiction
of the City of Nederland, and that if this MUD is formally created, that it be desig-
nated as the facilities management agency within its boundaries. It is here noted that
the City of Nederland's 201 Facility Plan did include proposed wastewater collection
system improvements within the proposed Greater Beauxart Gardens MUD.
There was a discussion of items anticipated to be considered during the meeting of
August 8th; Ordinance No. 155, Ordinance No. 147, TMRS Amendment to Ordinance No. 216,
and proposed elimination of State Legislature of municipal sales tax income on
utilities of approximately $46,000.00 per year.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a three (3)
month extension from August 15, 1978, for bond providing for issuance of "on premises" ,
alcoholic beverage permit to Mr. Roy Theriot's Brisket Room. All Voted Aye.
An Executive Session was held and no action was taken on matters pertaining to the
purchase of right -of -way and properties necessary for implementation for City.of
Nederland improvements programs; Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on award of
bid for drainage structure, sidewalks, and paving along 27th Street from Nederland
Avenue to Helena Avenue. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on approval
of estimates to contractors under capital improvement program. All Voted Aye.
Discussion items were as follows:
1. Tall grass at 1823 Gary.
2. Dumpster at Crocker Motor Company.
3. Camouflage of old lines on Hardy Avenue.
4. Control of teenagers speeding along Nederland Avenue between 17th Street and 27th Street.
5. Garbage in yard in the 900 block of Chicago Avenue.
6. M.C.M.L. meeting.
7. Possible abandonment of fire drill field.
8. Meeting with L.N.V.A.
9. Zoning Board of Appeals approval of variance in Southern Building Code requirements
at Mid Jefferson County Hospital.
10. Equalization Board meetings.
11. Block Grant - Central Business District - request denied.
12. C.E.T.A. requests for current year.
13. Dust problems at Airport Towers.
Minutes Continued, July 25, 1978 1
14. Turning Light at intersection of Nederland Avenue and Highway 347.
IThe meeting was adjourned at 9:30 P. M.
1
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
r
Homer E. Nagel, Mayo
City of Nederland, Texas
248
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
July 31, 1978
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 table approval of the
Minutes of the meeting of July 25, 1978. All Voted Aye.
A joint meeting was conducted with the Planning Commission to discuss proposed major
rezoning within all areas of the City of Nederland.
No official action was taken.
The meeting was adjourned at 8:05 P. M.
H. E. Nagel, Rdyor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
August 8, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam
Gillespie. Mr. Tom Lee was absent.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Minutes of the
meetings of July 25 and July 31, 1978, as written. All Voted Aye.
The report of the 1978 Board of Equalization was made by Mr. Charles Lankford,
Chairman. Only one appeal was made to the Board, and it was from Union Oil Company
of California by letter. The decision was to affirm the assessment of $72,700.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to accept the report of
Mr. Lankford pertaining to the 1978 Board of Equalization and to approve expense
payment to members. All Voted Aye.
Sealed bids were received and opened for storm sewer drainage project along Avenue
D from 20th Street to 21st Street and each way on 21st Street; along Hardy Avenue
from Main "C" Canal to Avenue B and along 32nd Street from Main "C" Canal to Avenue
A; and paving, drainage, and sidewalks along 3rd Street from Boston Avenue to
Nederland Avenue. Bids were as follows:
CONCRETE PAVEMENT, STORM SEWERS, AND APPURTENANCES
3RD STREET
NEDERLAND AVE. TO BOSTON AVE.
JOB 378 -35P
BIDDER'S NAME AND ADDRESS BIDDER'S SEC.
Steele Construction * 5%
Trotti and Thomson 5%
Mar -Len, Inc. 5%
Joe C. Norman Equipment 5%
Excavators and Constructors, Inc. 5%
Bella Company 5%
TOTAL AMOUNT BID
STORM SEWER AND APPURTENANCES
AVENUE D AND 21ST STREET
JOB 376 -27E
Excavators and Constructors, Inc. *5%
Liberty Industrial Const., Inc. 5%
Golden Triangle Construction
5%
Trotti & Thomson
5%
Bella Company
5%
Imperial Constructor
5%
Mar -Len, Inc.
5%
Steele Construction Co., Inc.
5%
a
$116,844.00
128,248.75
128,669.00
131,624.00
133,842.00
136,914.60
$ 56,843.00
64,572.00
68,904.75
72,582.75
80,834.32
102,531.27
108,698.00
128,309.40
W. D.
120
100
150
90
120
125
75
100
60
65
90
100
150
120
Minutes Continued, August 8, 1978
STORM SEWER AND APPURTENANCES
HARDY AVENUE AND 32ND STREET
JOB 378 -47E9
Liberty Industrial * 5% $ 57,484.00 100
Golden Triangle Const. 5% 60,620.00 60
Excavators and Constructors 5% 64,480.00 100
Steele Construction 5% 65,787.00 100
Trotti & Thomson 5% 67,160.00 50
Mar -Len, Inc. 5% 70,736.00 120
Bella Company 5% 76,157.10 65
Imperial Constructors 58 100,295.35 100
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids to the City
Manager and his staff for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to schedule a Public Hearing to be
held 6:30 P. M., September 12, 1978, for discussion and final disposition and action on adop-
tion of an Amendment to Ordinance No. 146 in accordance with an official zoning map as
recommended by the Planning Commission. All Voted Aye.
Mr. L. O. Tomlin, 716 S -9th Street, was present to represent the Legislative Committee
for Senior Citizens and to request relief for Senior Citizens of Nederland, particularly
when considering Rate Ordinance No. 155.
Mr. Calvin Woods was present to represent Municipal Employees Local No. 385. He
requested another 18 in wage increase and a more firm written committment pertaining
to sick leave and "on the job" injuries. ,
A Public Hearing was held in accordance with Section 7.06 of the City Charter for
the purpose of adoption of the 1978 -1979 Budget. The Budget was discussed in detail
and approporiate Ordinances and Amendments to Ordinances were read in full. The
following change was made:
1. To amend the wage /salary expenditures to reflect a wage /salary increase
of 6'% plus an allocation of 211$ to "updated service credit" as shown in Ordinance
No. 216 (Texas Municipal Retirement System) instead of the 9% shown in each budgeted
category.
2. To increase Account 600 F -3 from $61,000.00 to $81,873.02 and reduce Account
600 X -5 from $70,051.04 to $49,178.02, a difference of $20,873.02.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt the 1978 -1979
Annual Budget in accordance with Article 7.06 of the City Charter, to approve Budget
of Revenue Sharing Funds, and to adopt an Amendment to Ordinance No. 155 regulating
rates charged customers of the City; an Amendment to Ordinance No. 147 Personnel
Policy; an Amendment to Ordinance No. 216 providing for an amendment to the Texas
Municipal Retirement System participation; an Amendment to Ordinance No. 35 providing
for private use of garbage containers rented from the City; and Ordinance No. 313
levying taxes for use and support of the municipal government. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 155 ,
AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES,
WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, AND GARBAGE
RATES, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS.
WHEREAS, a revision should be made in the rates for water and sewer
ul
1
i!
Minutes Continued, August 8, 1978
services 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:
*WATER RATES
Inside
Outside
Residential and Commercial
City
City
First 2,000 Gallons (Minimum)
$ 2.50
5.00
Next 2,000 Gallons (Per M)
1.00
2.00
Next 16,000 Gallons (Per M)
.70
1.25
All over 20,000 Gallons (Per M)
.60
1.25
*Or as required by provisions of outside
city contracts.
*SEWER RATES & * *SEWER USAGE DISCOUNTS
Residential (Per Month) 2,000 Minimum
$ 4.00
8.00
Next 6,000 Gallons (Per M)
.55
1.10
All over 8,000 Gallons
.55
.55
Commercial (Per Month) 2,000 Minimum
4.00
8.00
Next 6,000 (Per M)
.55
1.10
All over 8,000 Gallons (Per M)
.55
.55
*Or as required by provisions of outside
city contracts.
WATER CONNECTION
FEES
3/4" Meter (Sewer Usage Discount) **
$ 50.00
$ 75.00
3/4" Water Tap
120.00
180.00
1" Water Tap
175.00
262.50
1 -1/2" Water. Tap
400.00
600.00
2" Water Tap
600.00
900.00
Over 2" Tap
Material Cost + 20%
* *Upon request the City will install a 3/4" meter to adjust sewer usage for water
used other than normal.
*SEWER CONNECTION FEES
Residences - 4" Sewer Tap $100.00
6" Sewer Tap 150.00
8" Sewer Tap 200.00
$150.00
225.00
300.00
252
L
Minutes Continued, August 8, 197
WATER METER DEPOSITS
Residential Customers $ 25.00 $ 50.00
Barber Shops & Beauty Shops, drug
stores, apartment house, motels,
hotels, trailer courts, (3 or more
units), 2 family dwellings, rental
establishments such as dry good
stores, service stations, florists,
clinics, funeral homes, insurance
officies, attorneys, real estate,
plumbing, supply, garages $ 35.00 $ 70.00
Cleaning Shops and self service
laundries $ 75.00 $150.00
Cafes, restaurants and cafeterias,
"Drive- Inns ", and drug stores $100.00 $200.00
Laundries $150.00 $300.00
GARBAGE RATES
TRASH REMOVAL RATES
Trash blocking drainage - -a service fee of $50.00 - $200.00 will be charged to the
owner of a residence when it becomes necessary to clear a ditch of trash during or
before a rainstorm to prevent possible flooding.
Miscellaneous trash, trees, and brush from empty (undeveloped) property must be
hauled off by the owner or developer at their expense. The City will serve garbage
paying customers only.
2. If any section, paragraph, subdivision, clause, phrase, or provision of
this Ordinance shall be adjusted invalid or held unconstitutional, the same shall
not affect the validity of this Ordinance as a whole or any part of provision
thereof, other than the part so decided to be invalid or unconsitutional.
I
1
Inside City
Outside City
Residential (Per Month)
$ 4.50
$ 6.75
A - Commercial
(Per
Month)
5.00
7.50
B - Commercial
(Per
Month)
7.00
10.50
C - Commercial
(Per
Month)
9.00
13.50
D - Commercial
(Per
Month)
12.00
18.50
E - Commercial
(Per
Month)
16.00
24.00
F - Commercial
(Per
Month)
20.00
30.00
G - Commercial
(Per
Month)
25.00
37.50
H - Commercial
(Per
Month)
30.00
45.00
I - Commercial
(Per
Month)
40.00
60.00
J - Commercial
(Per
Month)
50.00
75.00
TRASH REMOVAL RATES
Trash blocking drainage - -a service fee of $50.00 - $200.00 will be charged to the
owner of a residence when it becomes necessary to clear a ditch of trash during or
before a rainstorm to prevent possible flooding.
Miscellaneous trash, trees, and brush from empty (undeveloped) property must be
hauled off by the owner or developer at their expense. The City will serve garbage
paying customers only.
2. If any section, paragraph, subdivision, clause, phrase, or provision of
this Ordinance shall be adjusted invalid or held unconstitutional, the same shall
not affect the validity of this Ordinance as a whole or any part of provision
thereof, other than the part so decided to be invalid or unconsitutional.
I
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Minutes Continued, August 8, 1978
SECTION 21.
If any part or parts of this Ordinance are held to be unconstitutional or
invalid, then the remaining part or parts shall not be affected, but shall remain
in full force and effect.
SECTION 22.
This ordinance shall be effective from and after its passage and publication
of caption in one issue of The Chronicle, a newspaper of general circulation,
published in the City of Port Neches, Texas, and it is so ordained.
PASSED AND APPROVED on this the 8th day of August, 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
ORDINANCE NO. 313
AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERN-
MENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING
FUNDS FOR THE YEAR 1978, 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 eight (1978)
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)
of each One Hundred ($100.00) Dollars valuation of property said tax being levied
and apportioned to specific purposes herein set forth
(a) For the maintenance and support of General Government (General Fund)
56.43 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(b) For the purpose of paying interest and principal on Sixty Five Thousand
Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, .47%
of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(c) For the purpose of paying interest and principal on the Seven Hundred
Seventy Five Thousand ($775,000.00) Dollar Water and Sewer Improvement
Bonds, Series 1959, 4.90% of each One ($1.00) Dollar levied on the 1978
Tax Roll.
'6()
Minutes Continued, August 8, 1978
(d)
For the purpose of paying interest and principal on Three Hundred
Twenty Five Thousand ($325,000.00) Dollar Water and Sewer Improvement
Bonds, Series 1960, 1.558 of each One ($1.00) Dollar levied on the
,
1978 Tax Roll.
(e)
For the purpose of paying interest and principal on Two Hundred Twenty
Five Thousand ($225,000.00) Dollar Water and Sewer Improvement Bonds,
Series 1961, 1.198 of each One ($1.00) Dollar levied on the 1978 Tax
Roll.
(f)
For the purpose of paying interest and principal on the Twenty Thousand
($20,000.00) Dollar Fire Station Bonds, Series 1962, .108 of each One
($1.00) Dollar levied on the 1978 Tax Roll.
(g)
For the purpose of paying interest and principal on the Five Hundred
Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962,
2.348 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(h)
For the purpose of paying interest and principal on the Three Hundred
Thousand ($300,000.00) Dollar Street Improvement Bonds Series 1963,
1.498 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(i)
For the purpose of paying interest and principal on the One Million
Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series
1967, 4.488 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(j)
For the purpose of paying interest and principal on the Four Hundred
Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series
'
1969, 3.188 of each one ($1.00) Dollar levied on the 1978 Tax Roll.
(k)
For the purpose of paying interest and principal on the Three Hundred
Fifty Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series
1970, 2.828 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(1)
For the purpose of paying interest and principal on the Two Hundred
Fifty Thousand ($250,000.00) Dollar Park Improvement Bonds, Series 1978,
1.818 of each One ($1.00) Dollar levied on the 1978 Tax Roll.
(m)
For the purpose of paying interest and principal on the Two Million
Seven Hundred Fifty Thousand ($2,750,000.00) Dollar Street Improvement
Bonds, Series 1978, 19.248 of each One ($1.00) Dollar levied on the
1978 Tax Roll.
SECTION II
Taxpayers shall be allowed no discount for the advance payment of thier ad valorem
taxes due the City of Nederland for the assessment year 1978.
SECTION III
That the ad valorem taxes herein levied for the year 1978 shall become due January '
1, 1979, though payable on the first day of October, 1978, and may be paid up to
and including the following January 31, 1979, without penalty; but, if not paid,
such taxes shall become delinquent on the following day, February 1, 1979, and the
following penalties shall be payable thereon to -wit:
Minutes Continued, August 8, 1978
If paid during the month of February, one (1%) percent: if paid
' during the month of March, two (2%) percent; if paid during the
month of April, three (3 %) percent; if paid during the month of
May, four (4%) percent; if paid during the month of June, (58)
percent; and if paid on or after the 1st day of July, 1979, eight
(8 %) percent penalty. Such unpaid taxes shall bear interest rate
of 6% per annum from February 1, 1979, the same being the next
year succeeding the year 1978; and if paid on or after the 1st
day of July, 1979, 6% interest; for which such taxes are hereby
levied or assessed. Tax cost shall be One ($1.00) Dollar.
Unpaid taxes shall be considered delinquent as of February 1, 1979, 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 Neder-
land at its regular meeting of the said Council this the 8th day of August, 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
AN AMENDMENT TO ORDINANCE NO. 216
AN AMENDMENT TO ORDINANCE NO. 216 DETERMINING TO GRANT, PROVIDING FOR
AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED
BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF
NEDERLAND; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED
SERVICE CREDITS; AUTHORIZING AND PROVIDING FOR ALLOWANCE OF INCREASES,
AS HEREIN PROVIDED, IN MONTHLY BENEFITS PAYABLE BY TEXAS MUNICIPAL
RETIREMENT SYSTEM, AFTER THE EFFECTIVE DATE HEREIN SPECIFIED, TO RE-
TIRED EMPLOYEES AND TO BENEFICIARIES OF DECEASED EMPLOYEES, UNDER
CURRENT SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES TO
THIS CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS:
Section 1. Initial Allowance of Updated Service Credits.
262
Minutes Continued, August 8, 1978
(a) On the terms and conditions set out in Section XVII of Article 6243h,
Vernon's Texas Civil Statutes, as amended 1975, each member of Texas Municipal
Retirement System who has current service credit or prior service credit in said
System in force and effect on the 1st day of January, 1979 by reason of service
in the employment of the City of Nederland, shall be and is hereby allowed "Updated
Service Credit" (as that term is defined in said act) in an amount that is 100%
of the "Base Updated Service Credit" of the member, calculated as provided in said
act. The updated service credit hereby allowed shall be in lieu of and in sub-
stitution for all Prior Service Credits, Special Prior Service Credits, and Antece-
dent Service Credits, if any, heretofore allowed such member by reason of service
with the City of Nederland.
(b) In accordance with the provisions of said act, the deposits required
to be made to the Texas Municipal Retirement System by employees of the several
participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an
employee of the city.
(c) Subject to approval of the Board of Trustees of Texas Municipal
Retirement System, the updated service credits hereby granted shall be and become
effective the 1st day of January, 1979.
Section 2. Initial Increases in Annuities in
(a) Pursuant to Section XVIII of Article 6243h, Vernon's Texas Civil
Statutes as amended and subject to approval by the Board of Trustees of Texas
Municipal Retirement System as provided in said act, the City of Nederland hereby
elects to allow and to provide for payment of the increases below specified in
all monthly benefits payable by Texas Municipal Retirement System after the 1st
day of January, 1979 to retired employees and to beneficiaries of deceased
employees of this City under current service annuities and prior service annuities
arising from service of such employee to this City, and in effect prior to the
date last above mentioned.
(b) Each such monthly benefit for the month of January, 1979, and each
month thereafter shall be increased by 50% above the amount of the regular
benefit (as distinguished from any supplemental or distributive benefit) in effect
for the month of December, 1978.
PASSED AND APPROVED by the City Council at a regular meeting this the 8th
day of August, A. D., 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY: '
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Minutes Continued, August 8, 1978
Members of the Holy Cross Lutheran Church Voters Assembly were present relating to
right -of -way acquisition for 27th Street improvement. Mr. Ray Kretchmaer, spokes-
man, requested that the city use alternative plans for street improvements because
they considered a 12�' sale of property as detrimental to the church.
An Executive Session was conducted pertaining to the purchase of right -of -way and
properties necessary for implementation for City of Nederland improvements programs;
Article 6252 -17, V. A. T. S.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to revert 27th Street and
Helena Avenue corner back to a four -lane structure pending the outcome of the
decision of the Holy Cross Lutheran Church concerning the tract of land under
negotiation, that this be considered Alternate II, and if not favacrable by August
15, we revert back to Alternate I. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve preliminary
approval of the Doornbos Park swimming pool, deck, fencing, bath house, double
tennis courts, parking, walks, and drives and authorize submission of same to
Texas Parks and Wildlife and U. S. Bureau of Outdoor Recreation. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for drainage
structures along 1st Street from Altanta to the outfall ditch on FM 366 to Excava-
tors and Constructors on the basis of their low bid in the amount of $62,348.00,
and along South 1� Street and along South 2nd Street from Avenue E to Main "B"
Ditch on the basis of their low bid in the amount of $52,974.00, a total of
$115,322.00. All Voted Aye.
' A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to accept the low
bid of Excavators and Constructors on the basis of their low bid in the amount of
$56,843.00 for storm sewer drainage project along Avenue D from 20th Street to
21st Street and each way on 21st Street; of Liberty Industrial Constructors on the
basis of their low bid in the amount of $57,484.00 for storm sewer drainage
project along Hardy Avenue from Main "C" Canal to Avenue B and along 32nd Street
from Main "C" Canal to Avenue A; and, to Steele Construction Company on the basis
of their low bid of $116,844.00 for paving, drainage, and sidewalks along 3rd
Street from Boston Avenue to Nederland Avenue. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
award of bid.for concrete pavement, storm sewers, sidewalks and appurtenances along
27th Street from Helena Avenue to Nederland Avenue. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bid to pur-
chase annual supplies as follows:
PROPOSAL NO. 1
- Waterworks Supplies
Utility Supply
$ 7,112.25
Water Meters
Western Pipe Co.
8,883.00
PROPOSAL NO. 2
- Chemicals, Liquid Chlorine
Jones Chemical
200.00
Liquid Alum
Cyanamid
92.81
Liquid Caustic
Van Waters Rogers
150.00
Hydrofluorosilic Acid
Thompson Hayward
10.15
PROPOSAL N0. 3
- Sewer Pipe
Can -Tex
2,107.40
All Voted Aye.
Minutes Continued, August 8, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve final accept-
ance of streets, drainage, and other appurtenances in accordance with Ordinance '
No. 121 as located in Highland North Estates Unit II: Lots 2 thru 3, Block 1;
Lots 14 thru 18, Block 2; Lots 12 thru 27, Block 3; Lots 1 thru 10, Block 4; and
Lots 1 thru 6, Block 5; as recommended by John Bamber, Director of Public Works,
and Schaumburg & Polk, Engineers, contingent upon receipt of letter from Mr. John
Polk on Section One, then approval of Unit I also. (Letter received) All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to
F. Gatlin Asphalt Company in the amount of $16,400.00 under 1978 Capital Improve-
ment Program for South 6th Street paving, Job No. 378 -34P, Estimate No. 1. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Gulf
States Utilities to install a 3300 lumen mercury vapor street light on South
14th Street near 811. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following
Amendment to Ordinance No. 107 providing for stop sign erection at the intersection
of 12th Street with Nederland Avenue regulating south bound vehicles and a yield
sign at 12th Street and Nederland Avenue regulating north bound vehicles. All
Voted Aye.
AMENDMENT TO ORDINANCE 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 signs.
NOW, THEREFORE, be it ordained by the City Council of the City of Nederland,
Texas:
Section 1: SIGNS
A stop sign shall be erected on 12th Street at Nederland Avenue and all
south bound vehicles approaching the intersection from 12th Street must come to
a stop and yield right -of -way to vehicles approaching the intersection on Nederland
Avenue.
A yield sign shall be erected on South 12th Street at Nederland Avenue and
all north bound vehicles approaching the intersection from South 12th Street must
yield the right -of -way to vehicles approaching the intersection on Nederland 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.
Minutes Continued, August 8, 1978
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 8th day of August, A. D., 1978.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. SAnderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize adver-
t tisement for bids to be received 6:30 P. M., September 12, 1978, for the cutting
and cleaning of several lots and tracts in accordance with Ordinance No. 78 as
recommended by Chief Austin Sattler. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize attendance
and expenses of Director Jerry McNeill and Assistant Director Billy Neal to the
Texas Gulf Coast Annual Disaster Preparedness and Civil Defense meeting September
29 and 30 at the Johnson Space Center; and, Barbara Newberry, Librarian, to the
Houston Area Library System conference on preservation of historical documents in
Houston, August 18th. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of
bills for the month of July, 1978, as listed. All Voted Aye.
Discussion items were as follows:
1. Stop sign needs replacing, Avenue L and S -14th Street.
2. Traffic light at 3rd Street and Nederland Avenue should blink or be turned off
during predawn hours.
4. Left hand signal needed for Nederland Avenue and Highway 347 traffic light.
5. Fire at Landfill, difficulty with obtaining dirt.
6. Class One Subdivision in Extraterritorial Jurisdiction.
7. Friday, August 11, Dutch treat lunch at Driftwood, Congressman Jack Brooks
present - Alligator Bayou Pump Station.
8. Ordinance No. 137, Southern Building Code.
' The meeting was adjourned at 12:12 A. M.
ATTEST: zV—.E z2r _p X
H. E. Nagel, M or
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
August 22, 1978
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. R. D. Sawyer was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of August 8, 1978 as written. All Voted Aye.
Dr. J. Forsythe was present to discuss Cardio Pulmonary Resuscitation programs and
training. Mayor Nagel signed a Proclamation proclaiming the month of September,
1978 as Cardio Pulmonary Resuscitation Month in the City of Nederland.
Sealed bids were received, opened, and read for one year's supply, 945,000, plastic
garbage bags as follows:
I Bidder
B & E Packaging
Adams Industries, Inc.
Neches Supply & Distributing
Arrow Industries, Inc.
Benjamin Feld & Associates
Plastic
Garbage Bags Bids
Packed
1.5 Mil
2.0 Mil
50 /Roll
40.95 M
54.59 M
50 /Roll
41.95 M
53.75 M
50 /Box
43.40 M
57.80 M
50 /Box
44.00 M
58.00 M
NO BID
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids to
the City Manager and his staff for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
Resolution approving the agreement with Kansas City Southern Railway for Sunoco
pipeline crossing and providing for Sunoco to mow the surface of the ground above
the 8" pipeline crossing. All Voted Aye.
RESOLUTION
WHEREAS, action was taken by the City Council of the City of Nederland on
June 13, 1978, whereby an agreement was made and entered into between the City of
Nederland and Sunoco Terminals, Inc.; and,
WHEREAS, a need exists for the purchase of treated fresh water by Sunoco
Terminals, Inc.; and,
WHEREAS, the City is bound to furnish Sunoco Terminals, Inc. with water of
the same quality and purity that it delivers to its customers within its corporate
limits; and,
WHEREAS, an agreement is required between The Kansas City Southern Railway
Company and the City of Nederland, Texas for a Pipe Line Crossing Contract;
1
1
?67
Minutes Continued, August 22, 1978
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Neder-
land hereby directs the Mayor and City Secretary to sign such an agreement and
forward such copies as required to the appropriate agencies.
PASSED AND APPROVED on the 22nd day of August, 1978, at a regular duly
called meeting of the City Council of the City of Nederland, Texas.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Sealed bids were received, opened, and read for Sunoco Terminals water line,
approximately 2,400 L.F. of 8" water line and appurtenances in accordance with
agreement dated June 13, 1978. Bids were as follows:
8" WATER LINE TO SUNOCO TERMINALS
JOB 377 -44A
BIDDER'S NAME AND ADDRESS BIDDER'S TOTAL AMOUNT WORKING
SECURITY BID DAYS
Robert Blackshear Welding
5%
56,641.36
125
Steele Construction Co.
5%
57,153.60
60
Golden Triangle Constructors
5%
57,765.85
60
Imperial Constructors
5%
61,629.66
60
Southeast Cable Construction
5%
65,970.00
60
Bella Company
5%
68,225.79
30
Mar -Len, Inc. C.C.
$3,500
71,975.00
100
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for an
8" water line for Sunoco Terminals to Robert Blackshear Welding on the basis of
their low bid of $56,641.36 contingent upon permit being obtained from Kansas City
Southern Railway Company. All Voted Aye.
Sealed bids were received, opened, and read for Capital Improvement Program
drainage projects as follows:
1. Ithaca Avenue, Jackson Avenue, and Kent Avenue from 14th Street to
Gulf States Utilities right -of -way; and,
2. Along 14th Street from Navasota to Marshall.
2,69
Minutes Continued, August 22, 1978
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the revision
of plans for the 27th Street paving project to provide for 4 lane (44' wide)
intersection with Helena Avenue and to award contract to J. C. N. Pavers, Orange, ,
Texas, on their low unit price bid of $412,812.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the purchase
of two (2) Model No. 38406 -A Hoffman Blowers F.O.B. Syracuse, New York at $8,892.00
each at a total of $17,784.00 for the Wastewater Treatment Plant. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend the current
budget and the 1978 -1979 budget salary of Water and Wastewater Superintendent,
$18,840.00, be amended to provide for $21,000.00 per year plus amendment of Account
2000 F -2 to provide for $2,700.00 rental of vehicle expense item; to permit the
employment of John Bernard as Water and Wastewater Superintendent commencing
August 28, 1978. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to ratify the cancellation
of the dirt contract for the landfill with B & B Auto Supply and temporary purchase from
Maico, Inc.. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to extend the time of
Tejas Utilities to install the water and wastewater facilities in Allan Meadow
Subdivision Section Three for 90 days from August 24, 1978. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize a request
for improved railroad signals at the Nederland Avenue, Kansas City Southern Railway
Company grade crossing. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to cancel $923.53 in uncol-
lectible 1977 taxes in accordance with Section 8.09 of Nederland's Home Rule
Charter. All Voted Aye.
STORM SEWER AND APPURTENANCES
ITHACA, JACKSON,
KENT AND 14th
JOB 378-
47E4 -7
BIDDERS NAME AND ADDRESS
BIDDER'S
TOTAL AMOUNT
WORKING
SECURITY
BID
DAYS
Golden Triangle Constructors
5%
115,455.89
70
Liberty Industrial Construction
5%
130,729.00
175
Bella Company
5%
134,332.15
60
Mar -Len, Inc. C.
C. $7,500.00
141,722.00
160
Excavators & Constructors
5%
147,277.00
100
Steele Construction Company
5%
163,220.50
100
Trotti and Thomson
5%
164,919.95
150
Imperial Constructors, Inc.
5%
208,464.97
120
A motion was made by Mr. Gillespie and seconded by
Mr. Nugent to employ Mr. James
E. Neushafer, CPA, Beaumont, to
perform a City of
Nederland annual audit for the
October 1, 1977 - September 30,
1978 fiscal year.
All Voted Aye.
A motion was made by Mr. Nagel
and seconded by Mr.
Lee authorizing the Knights of
Columbus to clean the four neighborhood parks and
to repaint the play
devices in the
parks. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the revision
of plans for the 27th Street paving project to provide for 4 lane (44' wide)
intersection with Helena Avenue and to award contract to J. C. N. Pavers, Orange, ,
Texas, on their low unit price bid of $412,812.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the purchase
of two (2) Model No. 38406 -A Hoffman Blowers F.O.B. Syracuse, New York at $8,892.00
each at a total of $17,784.00 for the Wastewater Treatment Plant. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to amend the current
budget and the 1978 -1979 budget salary of Water and Wastewater Superintendent,
$18,840.00, be amended to provide for $21,000.00 per year plus amendment of Account
2000 F -2 to provide for $2,700.00 rental of vehicle expense item; to permit the
employment of John Bernard as Water and Wastewater Superintendent commencing
August 28, 1978. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to ratify the cancellation
of the dirt contract for the landfill with B & B Auto Supply and temporary purchase from
Maico, Inc.. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to extend the time of
Tejas Utilities to install the water and wastewater facilities in Allan Meadow
Subdivision Section Three for 90 days from August 24, 1978. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize a request
for improved railroad signals at the Nederland Avenue, Kansas City Southern Railway
Company grade crossing. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to cancel $923.53 in uncol-
lectible 1977 taxes in accordance with Section 8.09 of Nederland's Home Rule
Charter. All Voted Aye.
Minutes Continued, August 22, 1978
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to cancel an
' Executive Session on matters pertaining to the purchase of right -of -way and
properties necessary for implementing for City of Nederland improvements programs;
Article 6252 -17, V.A.T.S. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
approval of estimates to contractors under Capital Improvement Program. All
Voted Aye.
Mr. C. E. Hicks of 1315 Navasota was present wanting to be assured that his
property would be returned to its original condition after the Capital Improve-
ment Program drainage projects are completed.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to amend the motion
pertaining to Item 6 on the agenda and award the bid for Capital Improvement
Program drainage projects to Golden Triangle Constructors on the basis of their
low bid of $115,455.89. All Voted Aye.
Discussion items were as follows:
7 - Y O
H. E. Nagel, M r
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1.
Streets where sides need mowing, and blind corners.
2.
Generator hook up for both gasoline and natural gas.
3.
Ditch needing cleaning through Helena Park (Drainage District No. 7).
4.
Cardio Pulmonary Resuscitation program and training.
5.
Traffic signal modifications at intersection of Twin City Highway and Neder-
6.
land Avenue.
Removal of traffic signal at 12th Street and Nederland Avenue.
7.
Study conducted by Rady and Associates on the intersection of Boston Avenue
and 12th Street.
8.
Delivery of signs.
9.
S.E.T.R.P.C. Origin Destination study.
10.
Letter concerning beautification along KCS Railroad.
11.
Civil Defense Ordinance assignments.
12.
Deed restrictions in conflict with planned re- zoning.
13.
Meeting with Bell Telephone representative concerning new system for City Hall.
The
meeting was adjourned at 9:10 P. M.
7 - Y O
H. E. Nagel, M r
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
September 12, 1978 -
The meeting was called to order at 6:30 p.m. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 the Minutes
of the previous meeting of August 22, 1978, as written. All Voted Aye.
Mayor Nagel announced at this time the Council would recess in order to let the
Planning Commission conduct the joint Public Hearing.
Recessed at 6:35 p.m.
The meeting was re- called to order at 7:55 p.m.
The City Council proceeded to take action on the recommendations of the Planning
Commission with minor exceptions, and the changes in the published City of Nederland
Zoning Map, as follows:
A motion was made by Mr. Nagel and seconded by Mr. Lee not to rezone along the north
side of Avenue "A" from 20th Street to 27th Street from semi - residential and parking '
district to commercial; it will remain semi- residential. All Voted Aye.
Mr. Ken Beasley, 519 South 1' Street, and others opposed the rezoning of the J
property along Texas Avenue (within Central Addition) from the drainage ditch
behind Avenue "D" to the rear of the property fronting on Avenue "H ".
A motion was made by Mr. Sawyer and seconded by Mr. Lee to rezone the property
along Texas Avenue within Central .Addition (except the lots fronting on Avenue
"H ") from residential to semi - residential and parking district with the stip-
ulation of continuing residential zoning within a 20 foot wide residential buffer
zone strip along and contiguous with the north side of Block Estates, Unit 2,
Addition. All Voted Aye.
Mr. Paul Hempel, 1315 South 36th Street, was present to oppose the rezoning of
the property on Hwy 365 along South 37th Street for 700 feet to commercial.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the rezoning
as recommended by the Planning Commission and as shown on the published map along
South 37th Street from Hwy 365 with the stipulation of reserving a 50 foot wide
semi - residential and parking district zone between the commercial and residential:
Block 6, Lot 23B and the north westerly 16 2/3' of Lot 24B of Hillcrest Second
Addition revised. All Voted Aye.
Mr. Matt Furth, 1320 Avenue "A ", was present to ask the Council and Planning
Commission to postpone the rezoning to commercial of Avenue "A" from South 14th
Street to South 12th Street and 14.5 feet on the north side of South 14th Street
between Nederland Avenue and Avenue_ A. _
Minutes Continued, September 12, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to postpone the rezoning
of the property adjacent to and north of Avenue "A" from South 14th Street to South
' 12th Street and 145 feet fronting on the north side of South 14th Street commencing
140' south of Nederland Avenue and continuing to Avenue "A" from residential to
commercial until after currently approved capital improvements have been made in
this area. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve that certain
areas shall be residential zoning instead of commercial zoning because of conflicts
with deed restrictions existing at this time as follows: (1) Westside Addition
Block 1, Lots 206, and Block 5, Lots 2 -5; (2) Nederland Terrace Addition Block 1,
Lots 1 -5; and (3) Allan Meadow Section Three Block 11, Lots 9 -18, and Block 12,
Lots 9 -20. All Voted Aye.
Ii
1
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Amendment to
Ordinance No. 146 providing for rezoning of the City in accordance with the legend and
zoning map as recommended by the Planning Commission. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 146
AN AMENDMENT TO ORDINANCE NO. 146 ADDING AND REVISING CERTAIN AREA
DESIGNATIONS THROUGHOUT THE CITY OF NEDERLAND TO CONFORM WITH THE
CITY'S COMPREHENSIVE PLAN AND TO BENEFIT THE PUBLIC HEALTH AND WELFARE;
AND ADOPTING AN OFFICIAL ZONING MAP AND LEGEND IN ACCORDANCE WITH THE
CITY CHARTER; AND PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND
SET AN EFFECTIVE DATE.
This Amendment to Ordinance No. 146 provides for designations of certain areas
within the City as industrial, as commercial, or as semi - residential and parking
districts and all of the remainder being designated as residential zoning, all
in accordance with the definitions and specifications established in Ordinance No. 146.
The official zoning map of the City as provided in Section 10.09 of the City Charter
shall be the attached published certified map indicating the zones in accordance
with the legend provided. The only exception to the attached map being as follows:
1) to rezone along the north side of Avenue "A" from 20th Street to 27th Street
from semi - residential and parking district to commercial; it will remain semi -
residential; 2) to rezone the property along Texas Avenue within Central Addition
(except the logs fronting on Avenue "H ") from residential to semi - residential and
parking district with the stipulation of continuing residential zoning within a
wo foot wide residential buffer zone strip along and contiguous with the north
side Block Estates, Unit 2, Addition; 3) to rezone as shown on the published map
along South 37th Street from Hwy 365 with the stipulation of reserving a 50 foot
wide semi - residential and parking district zone between the commercial and
residential: Block 6, Lot 23B and the north westerly 16 2/3' of Lot 24B of Hillcrest
Second Addition revised; and 4) to postpone the rezoning of the property adjacent
to and north of Avenue "A" from South 14th Street to South 12th Street and 145 feet
fronting on the north side of South 14th STreet commencing 140' south of Nederland
Avenue and continuing to Avenue "A" from residential to commercial until after
currently approved capital improvements have been made in this area; and 5) that
certain areas shall be residential zoning instead of commercial zoning because of
conflicts with deed restrictions existing at this time as follows: (a) Westside
Addition Block 1, Lots 2 -6, and Block 5, Lots 205; (b) Nederland Terrace Addition
Block 1, Lots 1 -5; and (c) Allan Meadow Section Three Block 11, Lots 9 -18, and
Block 12, Lots 9 -20.
272
Minutes Continued, September 12, 1978
This ordinance shall be effective after publication and a Public Hearing as
required by law.
Adopted by the Planning Commission, Melvin L. Moss, R. J. Lawrence, Clifford
O. Williams, Robert Bodemuller, and R. J. Williford, this the 12th day of
September, 1978.
S /MELVIN L. MOSS
Melvin L. Moss
S /R. J. LAWRENCE
R. J. Lawrence
S /CLIFFORD 0. WILLIAMS
Clifford O. Williams
S /ROBERT BODEMULLER
Robert Bodemuller
S /R. J. WILLIFORD
R. J. Williford
Adopted by the City Council, E. T. Gillespie, R. A. Nugent, Tom Lee, Jr.,
and Robert Sawyer, this the 12th day of September, 1978.
S /E. T. GILLESPIE
E. T. Gillespie
S /R. A. NUGENT
R. A. Nugent
ATTEST:
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secr=etary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
S /T. E. LEE, JR.
Tom Lee, Jr.
S /ROBERT D. SAWYER
Robert D. Sawyer
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
Mr. John Bamber, Director of Public Works, reported that the planning Commission
recommended that the final plat be approved for Regency Place. No changes have
been made from the preliminary plat.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept Regency
Place as a Class 1 subdivision in accordance with Ordinance No. 121 and authorize
advertisement for bids to be received 6:30 p.m., October 10, 1978, for water and
sanitary sewer facilities and appurtenances. All Voted Aye.
Mr. Jerry McNeill, Director of Civil Defense, presented the Council with an
up -to -date copy of the City of Nederland Emergency Operation Procedure.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
City of Nederland Emergency Operations Plan in accordance with Ordinance No.
187 and authorize printing of 75 copies of same. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award bids for
garbage bags to the low bidder, B & E Packaging for 945,000 bags at $40.95
per thousand for 1.5 mil bags. All Voted Aye.
C
1
L
1
1
/3
Minutes Continued, September 12, 1978
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the
certificate of approval of the City of Nederland's assessment rolls, $73,028,196.00
as recommended by the Board of Equalization. All Voted Aye.
CERTIFICATE OF APPROVAL AND ACCEPTANCE OF 1978
ASSESSMENT ROLLS FOR THE CITY OF NEDERLAND, TEXAS,
BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS.
The Assessment Rolls of the City of Nederland, Texas, for the Tax Year, 1978, as set
out below, are hereby approved and accepted by the City Council of the City of
Nederland, Texas, and passed by the Board of Equalization as to the Valuation of
Reas and Personal Property within the City.
Valuation Amount
Land and Improvements
$ 69,443,305
Personal Property
6,425,928
Sub Total
$ 75,869,233
Less 554 Senior. Citizen Exemptions
2,698,037
Less 82 Disabled Veteran Exemptions
143,000
Total
$ 73,028,196
Given under my hand and seal of office by authority of the City Council, this the
12th day of September, A. D., 1978.
ATTEST:
S /ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
S /H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize Nederland patrol
cars to accompany Nederland school buses to out of town football games. All Voted Aye.
Bids were received and opened for several weeded lots and tracts to be mowed and
cleaned in accordance to Ordinance No. 78; the bidders were as follows:
Jepco Construction Company
Nederland, Texas $4,750.00
Rickie Salenga
Nederland, Texas 535.00
Custom Tractor Work
Nederland, Texas 475.00
G. S. Sturdivant
Nederland, Texas 245.00
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the bid to the
' low bidder, G. S. Sturdivant for $245.00 and to approve the Resolution providing for
assessment of such property. All Voted Aye.
214
Minutes Continued, September 12, 1978
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 sic - 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 /or property cleaned, and
all costs, plus 10% interest would be adjudged against the owner of the property
herein described, and a lien placed on the said property for said monies;
WHEREAS, the owners of the herein described property, to -wit:
George Acquire
Larry Pellerin
R. B. Thacker
Fernando Valdez
Mial Murry
Louise Arabie
Grady Hall
Peggy Walker
First Penecostal Church
Frankie Reyna
Frank Guilbeaux
Harold Guilbeaux
James E. Smith
Morris B. Wilkins
E. A. Groute
Mrs. O. W. Lavergne
Sarah Omar
Robert E. Bourque
J. E. Hollis
S. D. Dubose
Riley E. Patrick
Johnny Alford
R. H. Fredrickson
Anna Rienstra
Charles Tolley
Horris McCord
have not complied with Ordinance 78:
Lot
20 -21 Blk 7 Airport
Lot
6 Blk 15 Range G PALCO
Lot
25 -26 Cara.bin I
Lot
8 -9 Blk 5 Airport I
Lot
16, 16A, 1.7, 17A Blk 6
Hillcrest II
Lot
22 -23 Blk 7 Airport
Section
15 Tract 8 T &NO
A of
N 140', A of S 140'
Blk 2 Hillcrest II
Lot
7 -10 Blk 2 Ingwerson
Lot
24 Blk 7 Airport
Lot
25 Blk 7 Airport
Lot
26 Blk 7 Airport
Lot
6 Tract 4 Range I Blk 17 PALCO
Section
15 Tract 11 T &NO
Lot
1 Blk 3 Staffen
Lot
15 Blk 7 Johnson
Lot
13 Blk 14 Hillcrest I
Lot
16 Blk 35 Wagner 2
Lot
9 Blk 16 Wagner 2
Lot
24 Blk 1 Burson
Lot
6 Blk 2 Hilltop II
Lot
5 Range E Blk 15 PALCO
Lots
5, 6, 7, 8, and 9 Blk
2 & 3 Wagner
Lot
12 Blk 4 Cottage Grove
II
Part
of Lot 1 Range F Blk
16 Tract 25 PALCO
Lot
15 Blk 2 Parkside
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, or the property cleaned,
and a lien placed upon the property as provided by the City Ordinance and the
laws of the State of Texas;
WHEREAS, since the City of Nederland does not have the proper equipment to
perform such work, it is necessary to enter into an agreement with a private
contractor to do such work;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND;
f
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2i5
Minutes Continued, September 12, 1978
That the Mayor be and he is hereby authorized to execute in behalf of the City of
Nederland, an agreement with G. S. Sturdivant, to cut the weeds, grass and brush
on the herein described property for a total consideration of $245.00 and the City
Secretary is authorized to attest to same and to affix the seal of the City of
Nederland thereto.
PASSED by the City Council, this the 12th day of September, 1978.
S /H. E. NAGEL
H. E. Nagel, Mayor
ATTEST: City of Nederland, Texas
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the plans for
drainage storm sewer projects and authorize for advertisement for bids to be received
at 6:30 p.m., October 10, 1978, as follows:
a. Along South 16th Street from Avenue "N" to FM 365 to mobil home park driveway;
' b. Along Avenue "H" from South 14th Street to South 15th Street and continuation
to Main "B" Canal;
C. Along 20th Street each way from Main "C" Canal for 750 feet.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the payment
of the bills for the month of August, 1978.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the estimates I
to contractors under capital improvement program as follows:
a. Gatlin Asphalt Company, Job 378 -34P, South 6th Street, Estimate No. 2,
$64,000.00;
b. Gatlin Asphalt Company, Job 378 -5P, 18th Street Estimate No. 1, $49,700.00;
C. Excavators and Constructors, Job 378- 47E -2, Avenue "E ", Estimate No. 1
$36,000.00; and
d. Excavators and Constructors, Job 378 - 47E -3, 1st Street, Estimate No. 1
$4,900.00.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table the action
on payment of utilities for Nederland Babe Ruth League during the play -off period
for $331.63. All Voted Aye.
' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table the action for
the Executive Session pertaining to the purchase of right -of -way and properties
necessary for implementation for City of Nederland improvements programs; Article
6252 -17, V. A. T. S. All Voted Aye.
276
Minutes Continued, September 12, 1978
Discussion items were as follows:
1. Mr. Castille, Nederland Pharmacy, ditch needs cleaning out in order
to drain water.
2. Mr. Delahoussaye would like to stop gasoline truck from blocking South
27th Street across from Hillcrest Elementary when school is letting out
or taking in.
3. The length of the job on 14th Street and Navasota.
4. Mr. Lewis, 19th and Elgin, yard needs leveling from sewer job done a
few months ago.
5. TML Region 16 meeting in Jasper Thursday, September 14, 1978.
6. Proposed increase from Southern Union Gas.
The meeting adjourned at 10:45 p.m.
homer E. Nagel, Mayor c
City of Nederland, Texas
ATTEST:
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
u
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1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
277
Z6
September 27; 1978
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 September 12, 1978, as written. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment of
electricity for Nederland Babe Ruth League during the play -off period in the amount
of $302.63; Mr. Bob Harmon. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement
for bids to be received 6:30 p.m., October 24, 1978, for annual air conditioning
equipment maintenance contract. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the mutual add
agreement with each of several other Jefferson County incorporated cities as follows:
Groves, Port Neches, Beaumont, Port Arthur, Griffing Park, and Bevil Oaks. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize advertisement
for bids to be received 6 :30 p.m., October 24, 1978, for list of weeded lots and
tracts to be mowed and cleaned in accordance with Ordinance No. 78. All Voted Aye.
An Executive Session was held on matters pertaining to the purchase of right -of -way
and properties necessary for implementation for City of Nederland improvements pro-
grams; Article 6252 -17, V. A. T. S. No action was taken.
Discussion items were as follows:
1. Mr. Clarence Hailey requesting driveway work after dead -line.
2. Birthday party for Mrs. John Goodwin, 10/1/78, 2 -4 p.m.
3. Proclamation for month of October, "Coach Appreciation Day."
4. "Jack Brooks Day ", October 12, 1978.
5. Junk cars on private property.
6. Appreciation expressed for Council working with Junior Football League.
7. Texas Department of Health Resources, Thursday, 9/28/78.
8. Investments drawing 8.85`d at N. S. B.
9. T. M. L. meeting in Fort Worth, October 29 -31.
10. Mr. Nugent requests letter for Texaco, Inc.
The meeting was adjourned at 7:40 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
If. E. Nagel, Malybr
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND I
October 10, 1978
The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel.
Members present were Mr. R. D. Sawyer, 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 Minutes
of the previous meeting of September 26, 1978 as written. All Voted Aye.
Sealed bids were received, opened, and read for water and sanitary sewer facilities
within Regency Place Subdivision. Bidders were as follows:
STORM SEWER AND APPURTENANCES
REGENCY PLACE SUBDIVISION
BIDDERS NAME AND ADDRESS
BIDDER'S
TOTAL AMOUNT
WORKING
SECURITY
BID
DAYS
George E. Hendricks
5%
21,361.61
35
Excavators and Constructors
5%
22,681.25
45
Golden Triangle Construction
5%
24,625.00
45
Steele Construction Company
5%
25,730.00
45
Bella Company
5%
27,036.50
50
,
Mar -Len, Inc.
5%
27,675.00
60
Imperial Constructors, Inc.
5%
30,992.00
75
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to refer the bids
for water and sanitary sewer facilities within Regency Place Subdivision to the
City Manager and his staff for tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for Capital Improvement Program
drainage projects as follows:
1. Along Avenue "J" from 14th Street to 15th Street to Main "B" Canal and along
South 16th Street from Avenue "N" to Highway 365 and the outfall structure; and,
2. Along 20th Street each direction from Main "C" Canal.
STORM SEWER AND APPURTENANCES
SOUTH 15TH STREET AND SOUTH 16TH STREET
BIDDERS NAME AND ADDRESS
BIDDERS
TOTAL AMOUNT
WORKING
SECURITY
BID
DAYS
Golden Triangle Construction
5%
59,032.00
75
Liberty Industrial Construction
5%
63,530.00
130
Mar -Len, Inc.
5%
69,460.00
100
F. Gatlin Asphalt
5%
70,738.00
60
Trotti and Thomson
5%
85,598.00
150
Steele Construction Company
5%
85,650.00
75
Bella Company
5%
85,839.78
65
Imperial Constructors
5%
1.11,123.60
90
0,
Minutes Continued, October 10, 1978
A motion was made by Mr. Nagel and seconded by Mr. Gillespie that we award the bid
for water and sanitary sewer facilities within Regency Place Subdivision to second
low bidder, Excavators and Constructors, in the amount of $22,681.25 to be con-
tingent upon the deposit of escrow funds by the developer; because the low bidder,
George E. Hendricks, did not provide a performance bond, and that the developer
pay the difference between the low bid and second bid. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment
of Estimates and Change Order under "j" as follows:
(a) F. Gatlin Asphalt, Job 378 -5P, 18th Street, Estimate No. 2, $33,000.00;
(b) Liberty Industrial, Job 378 -47E9, Hardy Avenue and 32nd Street, Estimate
No. 1, $13,400.00;
(c) Golden Triangle Constructors, Job 378 -47E7, 14th Street Marshall to
Navasota, Estimate No. 1, $18,000.00;
(d) Golden Triangle Constructors, Job 378 -47E4, Ithaca Street, Estimate No. 1,
$23,400.00;
(e) Golden Triangle Constructors, Job 378 -47E6, Kent Street, Estimate No. 2,
$10,900.00;
(f) F. Gatlin Asphalt, Job 378 -34P, South 6th Street, Estimate No. 3,
$36,000.00;
(g) Excavators and Constructors, Job 378- 47E -2, Avenue "E" at 1' Street and
2nd Street, Estimate No. 2, $9,000.00;
' (h) Excavators and Constructors, Job 378 -47E3, 1st and FM 366, Estimate No. 2,
$7,700.00;
(i) J. C. N. Pavers, Inc., Job 377 -85P, 27th Street, Helena to Nederland Avenue
Estimate No. 1, $47,000.00; and
(j) Excavators and Constructors, Job 378 -47E2, Avenue "E" at 1' Street and
2nd Street, Estimate No. 3, $15, 144.11 (Final).
STORM SEWER AND APPURTENANCES
20TH STREET
BIDDERS NAME AND ADDRESS BIDDER'S
TOTAL AMOUNT
WORKING
SECURITY
BID
DAYS
Liberty Industrial Construction 5%
59,100.00
120
Golden Triangle Construction 5%
60,320.00
75
Excavators and Constructors 5%
63,093.80
60
Bella Company 5%
71,211.10
65
Steele Construction 5%
74,025.00
75
Gatlin Asphalt 5%
76,891.00
75
Mar -Len, Inc. 5%
78,408.00
90
Trotti and Thomson 5%
84,095.00
150
Imperial Constructors 5%
120,529.71
90
A motion was made by Mr. Lee and seconded by Mr. Sawyer to table action
on the
award of bid for storm sewer along South 15th Street and South 16th Street
and
to award the bid for storm sewer along 20th Street
to Liberty Industrial
Construc-
tion on the basis of their low bid of $59,100.00.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie that we award the bid
for water and sanitary sewer facilities within Regency Place Subdivision to second
low bidder, Excavators and Constructors, in the amount of $22,681.25 to be con-
tingent upon the deposit of escrow funds by the developer; because the low bidder,
George E. Hendricks, did not provide a performance bond, and that the developer
pay the difference between the low bid and second bid. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment
of Estimates and Change Order under "j" as follows:
(a) F. Gatlin Asphalt, Job 378 -5P, 18th Street, Estimate No. 2, $33,000.00;
(b) Liberty Industrial, Job 378 -47E9, Hardy Avenue and 32nd Street, Estimate
No. 1, $13,400.00;
(c) Golden Triangle Constructors, Job 378 -47E7, 14th Street Marshall to
Navasota, Estimate No. 1, $18,000.00;
(d) Golden Triangle Constructors, Job 378 -47E4, Ithaca Street, Estimate No. 1,
$23,400.00;
(e) Golden Triangle Constructors, Job 378 -47E6, Kent Street, Estimate No. 2,
$10,900.00;
(f) F. Gatlin Asphalt, Job 378 -34P, South 6th Street, Estimate No. 3,
$36,000.00;
(g) Excavators and Constructors, Job 378- 47E -2, Avenue "E" at 1' Street and
2nd Street, Estimate No. 2, $9,000.00;
' (h) Excavators and Constructors, Job 378 -47E3, 1st and FM 366, Estimate No. 2,
$7,700.00;
(i) J. C. N. Pavers, Inc., Job 377 -85P, 27th Street, Helena to Nederland Avenue
Estimate No. 1, $47,000.00; and
(j) Excavators and Constructors, Job 378 -47E2, Avenue "E" at 1' Street and
2nd Street, Estimate No. 3, $15, 144.11 (Final).
18()
Minutes Continued, October 10, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize extension
of the black topping program along private driveways to City right -of -way line
from September 15th until October 31, 1978. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to ratify the
applications for participation in the Comprehensive Employment Training Act
which have been filed since June 12, 1978. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent authorizing
attendance and expenses as follows:
Assistant Police Chief Homer Taylor, Annual Armed Robbery Conference, Mobile,
Alabama, October 16 -20, 1978.
Monroe Malke, Solid Waste Superintendent, Solid Waste Energy Resource Recovery
Workshop, Texas A & M, November 30 - December 1, 1978.
Kenneth Meaux, Plumbing Inspector, State Plumbing Examiners Test, Austin,
Texas, November 15, 1978.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of
bills for the month of September, 1978, in the amount of $23,969.28 by General Fund
Checks No. 1364 -1425, and $28,747.60 by Water Fund Checks No. 3182 -3212, a total
of $52,716.88. All Voted Aye.
An Executive Session was held on matters pertaining to the purchase of right -of-
way and properties necessary for implementation for City of Nederland improve-
ments programs; Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize acquisition,
in accordance with appraisals prepared by Mr. Herman Blanton, of ten parcels of
right -of -way along Nederland Avenue at 14th and 21st Streets in accordance with
plans prepared by the State Department of Highways and Public Transportation for
protected left turn lanes. All Voted Aye.
Discussion items were as follows:
1. Thank you note from Mrs. Carrie Belle Goodwin for Proclamation, Key to City, and
bouquet of red roses.
2. Weeds needing to be trimmed along Gulf States right -of -way near the Windmill.
3. Blind corners at several locations in the City.
4. TML meeting in Fort Worth, Texas.
5. The roses at 34th and Detroit.
6. Library now being opened on Saturdays.
7. Texas Department of Water Resources Facility Plan, Section 208, Step 2.
8. Cancellation of "Jack Brooks Day ".
9. "Youth in Government Day" tc be November 14, 1.978.
10. Proposal to increase water and sewer services to Airport.
11. Highway Department proposal to co- ordinate traffic signal system.
12. Need for major tax re- evaluation program.
The meeting was adjourned at 8:45 P. M. %
ATTEST:
Alta Fletcher, City Secretary Homer E. Nagel, May 6r
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 24, 1978
The meeting was called to order at 6:30 P. M. by Mr. R. A. Nugent, Mayor Pro Tem.
Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and
Mr. Sam Gillespie. Mayor Homer E. Nagel was absent.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the Minutes
of the meeting of October 9, 1978 as written. All Voted Aye.
Sealed bids were received, opened, and read for annual maintenance of the City's
air conditioning equipment. Bidders were DeWitt Heating and Air Conditioning,
and W. Williams Refrigeration Company.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award the bid
for annual maintenance of the City's air conditioning equipment to W. Williams
Refrigeration on the basis of their low bid of $720 per year for Maintenance
Service, $20 per hour for service calls, $27.50 per hour for emergency service,
and 25% above invoice cost for parts. All Voted Aye.
Sealed bids were received, opened, and read for several weeded lots and tracts
to be mowed and cleaned in accordance with Ordinance No. 78; only one bid was
' received from G. S. Sturdivant in the amount of $107.00.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
weed cutting to G. S. Sturdivant on the basis of his low bid of $107.00 and
approve the following Resolution providing for assessment of such property. 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 /or property cleaned, and all costs,
plus 10% interest, would be adjudged against the owner of the property herein
described, and a lien placed on the said property for said monies;
WHEREAS, the owners of the herein described property, to -wit;
Lots 20 & 21 Blk 7 Airport Lot 16 Bluebonnett
Lot 7 Blk 15 Rg. F Tr. 2 Palco Lots 7 & 8 Blk 5 Johnson
Lots 11 -20 Blk 2 F. A. Roach Addition Lot 23 Blk 11 Staffen
Have not complied with Ordinance 78;
Minutes Continued, October 24, 1978
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, or the property cleaned, and
a lien placed upon the property as; provided by the City Ordinance and the laws of
the State of Texas;
WHEREAS, since the City of Nederland does not have the property equipment to per-
form 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 G. S. Sturdivant, to cut the weeds, grass and brush
on the herein described property for a total consideration of $107.00 and the
City Secretary is authorized to attest to same and to affix the seal of the City
of Nederland thereto.
PASSED by the City Council, this 24th day of October, 1978.
ATTEST:
ALTA FLETCHER R. A. NUGENT
Alta Fletcher, City Secretary R. A. Nugent, Mayor Pro Tem
City of Nederland, Texas City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Lee and ;seconded by Mr. Sawyer to award the bid for
Job 378- 47E12, drainage project along Avenue "J" from 14th Street to Main "B"
Ditch and along South 16th Street from Avenue "N" to Highway 365, to Golden
Triangle Construction on the basis of their low bid of $59,032.00, and to accept
easement agreement with Gulf States Utilities along Avenue "J" from 15th Street to
Main "B" Ditch. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on
approval of change orders on contracts under Capital Improvement Program. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize advertise-
ment for proposals for depository of City of Nederland funds for one year to be
received 6:30 P. M., November 28, 1978, and effective January 1, 1979 to December
31, 1979. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer authorizing the
influenza immunization vacination for City employees. All Voted Aye. ,
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance
and expenses of Mayor, City Councilmen, and City Manager to Texas Municipal League
Annual Conference in Fort Worth, October 28 -31, 1978. All Voted Aye.
Minutes Continued, October 24, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve plans for
improvements to C. Doornbos Park including swimming pool, deck, fencing, bath
house, tennis courts, handball, parking, walks, and drives and to authorize
presentation to Parks and Wildlife Department for their final approval. All
Voted Aye.
An Executive Session was held on matters pertaining to the purchase of right -of-
way and properties necessary for implementation for City of Nederland improve-
ments programs; Article 6252 -17 V.A.T.S.; No action was taken.
Discussion items were as follows:
1. Dust and debris problem on 1st Street.
2. Change out two barricade posts on 1st Street.
3. Policy concerning the closing of dedicated alleys.
4. Delivery date of garbage bags to be 11/20/78.
5. Beautification of Twin City Highway along the railroad.
6. Possible passage of Ordinance pertaining to removal of old or abandoned cars.
Meeting was adjourned at 8:00 P. M.
IATTEST:
,'2Z ,`.& &.',"
Alta Fletcher, City Secretary
City of Nederland, Texas
P_.�
/ 7 - / L -`tom f�
R. A. Nugent, Ma or Pro Tem
City of Nederland, Texas
Will
REGULAR. MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 17, 1978
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, and Mr. R. A. Nugent.
Mr. R. D. Sawyer and Mr. Sam Gillespie were absent.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve Minutes of the
meeting of October 24, 1978, as written. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve a Proclamation pro-
claiming November 14, 1978, as Youth in Government Day in Nederland and a Proclamation
commending Mr. Ed Hughes for having been chosen outstanding citizen of the year by the
Business and Professional Women's Club. All Voted Aye.
PROCLAMATION
I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City
of Nederland, Texas, do hereby proclaim Tuesday, November 14, 1978, as "Evening Optimist's
Club - Youth in Government Day" in the City of Nederland, Texas, and urge each and every
Citizen of our City to support, encourage, and recognize our youth in participating in
our democratic self governmental system of the City of Nederland, State of Texas, and
United States of America.
In testimony whereof, witness my hand and Seal of the City of Nederland this the '
10th day of November, A. D., 1978.
ATTEST: ALTA FLETCHER HOMER E. NAGEL
City Secretary Mayor
PROCLAMATION
I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the City
of Nederland, Texas, do hereby proclaim Tuesday, November 14, 1978 as "Ed Hughes Day"
in the City of Nederland, Texas, and urge each and every Citizen of our City to recog-
nize Ed Hughes' contribution in civic areas as well as business, and to salute him for
being honored at the Annual Civic Dinner for such outstanding community service in be-
half of his hometown - Nederland.
In testimony whereof, witness my hand and Seal of the City of Nederland this the
14th day of November, A. D., 1978.
ATTEST: ALTA FLETCHER HOMER E. NAGEL
City Secretary Mayor
Presentation was made by Mrs. Mary Tom Armstrong for the Beautification Committee of
the Nederland Heritage Festival of plans as prepared by the State Department of Highways
and Public Transportation for beautification improvements along Twin City Highway and
Kansas City Southern railroad.
Minutes Continued, November 14, 1978
A motion was made by Mayor Nagel and seconded by Mr. Lee that we endorse the idea of
the beautification along Twin City Highway in the vicinity of Nederland Avenue to
Boston Avenue and that we notify Kansas City Southern Railroad Company that we will
maintain this area when the work is completed and that we work with Mrs. Armstrong
and the Beautification Committee in attempting to obtain contributions from other
sources to accelerate this project when a contract with the railroad is obtained.
All Voted Aye.
Complaints were heard from residents of the 600 -800 blocks of South Sixth Street con-
cerning driveway slopes and gutters. They were assured that the situation would be
studied.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the following policy
providing for a uniform policy in the closing of alleys within the city. All Voted Aye.
COUNCIL POLICY FOR CLOSING DEDICATED ALLEYS
It shall be the policy of the City Council of the City of Nederland to consider
and take action on an Ordinance closing an alley on the following conditions:
1. That all of the owners of property adjacent to an alley or abutting an alley
request in writing that the alley be closed. Said request in writing shall include an
affidavit of ownership;
2. Providing that the proposition will include the closing of an alley for its
entire length;
3. Providing for the deposit of funds as necessary by the property owners to com-
pensate the City or utility companies for the relocation of water lines, sewer lines,
gas lines, power lines, cable television lines, and others;
4. Providing that the alley which is closed shall be allocated one -half to each
of the abutting property owners unless other allocation is requested by the abutting
property owners; and,
5. Providing that the City Council may call a Public Hearing on such propositions;
or, refer such propositions to be Planning Commission for recommendation if deemed ad-
vantageous by the City Council.
Passed and approved by the City Council of the City of Nederland, Texas, this the
14 day of November, 1978.
ATTEST: ALTA FLETCHER' HOMER E. NAGEL
City Secretary Mayor
A motion was made by Mr. Nugent and seconded by Mr. Lee to table action on approval of
an Ordinance providing for the closing of an alley. All Voted Aye.
A motion was made by Mayor Nagel and seconded by Mr. Nugent to deny the request for
extension of the bond provided by the Brisket Room in connection with an "on premises"
alcoholic beverage permit for the proposed Brisket Room to be located on Highway 365•
All Voted Aye.
A motion was made by Mayor Nagel and seconded by Mr. Nugent to approve application for
Federal participation in the Coastal Energy Impact Program towards the construction of
a 2.0 million gallon water storage tank and Water Treatment Plant rehabilitation. All
Voted Aye.
286
Minutes Continued, November 14, 1978
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve attendance and expenses
of City employees to the following:
a. Darrell Marchand and James Boulet, Trinity-Neches-Sabine Water Utilities As-
,
sociation School, Orange, Texas, November 27 - December 1, 1918;
b. Fire Chief Austin Sattler, 31st Annual Austin Regional Fire Protection Con-
ference, Austin, Texas, November 28 -29, 1978;
c. J. B. McKinney, General Revenue Sharing Seminar, Houston, Texas January 18, 1979.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment to the con-
tractor on Regency Place Subdivision, Excavators and Constructors, Inc., in the amount of
$21,932.83, that the payment due the developer from the City according to Ordinance No. 121
be $23,248.79, and that Tejas Utility Company, Estimate No. 2, be approved in the amount of
$56,177.55 for the water and wastewater facilities in Allan Meadow Subdivision, Section
Three. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to table action on City of Nederland
participation toward the continuation of the 208 Wastewater Planning Program until we are
informed more about the obligations by the City. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize the installation of a
plaque adjacent to the wooden form play devices recognizing its donation by the Service
League Volunteer Womens Service Organization, Griffing Park, Groves, Nederland, Port Arthur,
Port Neches; Mrs. Marcia Rienstra. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payments and relating
matters of Capital Improvement Program as follows:
Change Order No. 1 and final, Job 378- 47E -2, Excavators & Constructors, Inc., in the a-
mount of $2,456.84; Change Order No. 1, Job 378- 47E -4, Golden Triangle Constructors, Inc.
in the amount of $360.00; and payment of estimates to October 25th as follows:
a. _Sabine Consolidated, Job No. 378 -35P, 3rd Street, Estimate No. 1, $12,000.00;
b. Excavators & Constructors, Inc., Job No. 365 -27E, Avenue "D" and South 21st Street,
Estimate No. 1, $8,800.00;
c. Excavators & Constructors, Inc., Job No. 378 -47E3, 1st Street and FM 366, Estimate No. 3,
$3,800.00.
d. Liberty Industrial Construction, Job No. 378 -47E9, Hardy & 32nd, Estimate No. 2,
$35,000.00;
e. F. Gatlin Asphalt, Job No. 378 -34P, South 6th Street, Estimate No. 4, $51,000.00;
f. J. C. N. Pavers, Inc., Job 377 -85P, 27th Street, Estimate No. 2, $2,000.00;
g. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 3, $51,000.00;
h. Golden Triangle Constructors, Job No. 378 -47E4, Ithaca Street, Estimate No. 2,
$4,000.00;
i. Golden Triangle Constructors, Job No. 378 -47E5, Jackson Street, Estimate No. 1,
$28,600.00;
j. Golden Triangle Constructors, Job No. 378 -47E7, 14th Street, Estimate No. 2,
$2,500.00;
k. Golden Triangle Constructors, Job No. 378 -47E6, Kent Street, Estimate No. 2,
$15,800.00.
All Voted Aye.
'
i
1
287
Minutes Continued, November 17, 1978
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of the bills
for the month of October, 1978, as presented. All Voted Aye.
An Executive Session was conducted on matters pertaining to the purchase of right-of-way
and properties necessary for implementation for City of Nederland improvements programs;
Article 6252 -17, V.A.T.S. No action was taken.
Discussion items were as follows:
I. Delivery of bags.
2. Garbage pickup on 17th Street
3. SETRPC meeting in West Orange, 11/15/78, 7 :30 p.m.
4. Thank you note from Mrs. Glayton for floral'wreath.
5. Report on compressors.
6. Agreement with Jefferson County for water at airport.
7. Sewer agreement with Sun Oi1Co.
8. Postponement of Nuisance Ordinance.
9. Auxiliary generator,_ alternative for natural gas ready for use.
10. Fast traffic on S -6th Street.
11. Storm sewer jobs will take major revisions.
12. Sign replacement program.
13. Stop sign missing on 30th at Tipps Drive.
14. Trip to Austin about swimming pool.
15. Inspection tour at 5:30 p.m.
16. Telephone calls about increased rates outside city.
17. House fire on Tipps Drive, homeowner complimentary of Fire Department.
18. Auto storage within fenced area.
19. Nederland State Bank dinner meeting, 11/16/78.
20. Copy of autopsy report, Mr. Clayton.
21. Possibility of stopping individuals from dumping at landfill.
The meeting was adjourned at 9:20 P. M.
ATTEST:
22 1 J
Alta Fletcher, City Secretary
City of Nederland
H. E. Nagel, Mayor
City of Nederland
F.-
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 20, 1978
The meeting was called to order at 5 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A.
Nugent. Mr. Sam Gillespie was absent.
An actual on the ground inspection was made by the Councilmen of South 6th Street from
Avenue "H" to Main "B" Canal. Upon their return, citizen requests concerning driveways
were reviewed in depth. It was decided to review an estimate of cost at the next regular
meeting and to notify the residents of S -6th Street of this planned discussion.
The meeting was adjourned at 7:15 P.M.
H. E. Nagel, Mayo
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
2&,,
REGULAR MEETING OF THE CITY COUNCIL OF THE
I CITY OF NEDERLAND
November 28, 1978
The meeting was called to order at 6 :30 P.M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam
Gillespie. Mr. T. E. Lee was absent.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve Minutes of
November 14 as written. All Voted Aye.
Residents of South Sixth Street were again present concerning requests for driveway
entrances. They were informed of the proposal agreed upon by the Council for correcting
unsatisfactory installations.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following
policy. All Voted Aye.
CITY OF NEDERLAND COUNCIL POLICY
PERTAINING TO SOUTH SIXTH STREET PAVING PROJECT
It shall be the policy of the City Council of the City of Nederland pertaining
to the South 6th Street paving project that the property owners will make a decision
' regarding whether or not their driveway needs to be revised with the conditions as
follows:
1. That the property owner will pay for the removal and replacement of driveway
which is located upon his private property at the contractor's unit prices which are
.28¢ per square foot to remove driveway, $2.00 per square foot to replace driveway, and
if needed $2.90 per linear foot for sawing. As an example, if 3 feet of a 10 foot wide
driveway were removed this would amount to $97.40;
2. That the City will pay for the removal and replacement of that portion of
driveway located upon City property; and,
3. That the minimum driveway to be removed on property owners side would be 3 feet.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept and approve the
proposal of Nederland State Bank for depository of City of Nederland funds for one (1)
year period from January 1, 1979 through December 31, 1979. All Voted Aye.
A motion
was made by Mr. Nagel and seconded by Mr. Nugent to
accept applications for
"on premises" sale of alcoholic beverages in accordance with
Ordinance No. 70 as follows:
1.
Airport Towers Restaurant, 200 Memorial Highway No.
69
2.
American Legion Post 493, 922 Nederland Avenue
3.
Crazy Horse Saloon, 808 S -Twin City Highway
4.
Irene's Lounge, 147 Twin City Highway
5.
Italian Restaurant and Flying Pizza, 3603 Nederland
Avenue
'
6.
Ben's Pizza Parlor, 2750 Nederland Avenue
7.
La Fiesta Restaurant, 535 N -Twin City Highway
8.
Nederland Club, 323 Twin City Highway
9.
Pizza Inn, 3520 Nederland Avenue
10.
The Schooner Restaurant, 1508 So. 38th Street
11.
Broussards Seafood -Steak Restaurant, 103 Nederland Avenue
12.
LaSuprema Tortilla Bakery, 3106 Highway 365.
All Voted Aye.
29 O
Minutes Continued, November 28, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to adopt a change order
providing for an amendment in the plans for the First Street and FM 366 storm sewer
project under contract with Excavators & Constructors, Inc., Change Order No. 1 in
the amount of $16,000.00. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve renewal for a
period of one (1) year of insurance policy with McNeill Insurance Agency and Lucke
Insurance Agency and to amend the policy providing for liability insurance for property
damage to $100,000.00 from $10,000.00 at an estimated additional premium of $2,800.00
per year. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an
ordinance providing for the closing of alleys. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following
renewal of lease for one (1) double drum sheeps foot roller to Jefferson County for a
period of five (5) years from December 1, 1978. All Voted Aye.
THE STATE OF TEXAS
COUNTY OF JEFFERSON
THIS LEASE is made and entered into by and between the City of Nederland, herein-
after called Lessor and Jefferson County, Texas, hereinafter called Lessee:
1.
Lessor hereby leases and lets unto the Lessee under the terms and conditions and
for the length of term hereinafter set out, one (1) Double Drum Sheeps Foot Roller.
2.
The term of this lease is for a period of five (5) years, beginning on the 1st
day of December, 1978.
3.
Lessee agrees to pay'the sum of One and no/100 dollar $1.00) per year for the
privilege of leasing the above described Double Drum Sheeps Foot Roller.
4.
The parties hereto agree that the Double Drum Sheeps Foot Roller shall be used by
the Lessee in all precincts in Jefferson County if so desired and will be available
for loan -back to the Lessor during the lease period.
IN WITNESS WHEREOF, the parties hereto have executed these presents in duplicate
originals this 28th day of November, 1978.
ATTEST:
ALTA FLETCHER
City Secretary
Commissioner Dave Smith
Commissioner Norman J. Troy
Commissioner James Smith, Jr.
THE CITY OF NEDERLAND
HOMER E. NAGEL
Mayor
JEFFERSON COUNTY, TEXAS
Judge Richard R. LeBlanc, Jr.
Commissioner Loretta Walker
1
1
1
291
Minutes Continued, November 28, 1978
An Executive Session was conducted on matters pertaining to the purchase of right -of -way
and properties necessary for implementation for City of Nederland improvements programs;
Article 6252 -17, V.A.T.S. No action was taken.
Discussion items were as follows:
I. Disapproval by resident of alley closing behind postoffice.
2. Appreciation for telephone message delivered by police department.
3. Reoccurrence of water discoloration.
4. Park problems being remedied.
5. Standard aprons specified in plans.
6. Optional operation of generator available.
The meeting was adjourned at 9:20 P.M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
H E. Nagel; Ma *r
City of Nederland, Texas
292
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITX OF NEDERLAND
December 12, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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. Sawyer to approve the Minutes of
the previous meetings of November 20 and 28, 1978 as written. All Voted Aye.
Residents of S -6th Street were again present to discuss driveway inadequacies.
A motion was made by Mr. Nagel and seconded by Mr. Lee to ask Mr. Henson and Engineers
to recheck the drives of Mr. Gonzales, Mr. Jinks, and Mr. Ancelot; to notify the other
people that if they want to participate they will be required to pay their portion by
the 23rd of January in order to fall under this policy; and, to approve the work at
Mr. Harrell's property at 816 S -6th Street. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve payment of
Estimate No. 1 to Robert Blacksher Welding Company for 8" water line to Sunoco
Terminals in the amount of $40,800.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payments of
Estimates from Capital Improvement Program as follows:
a. Golden Triangle Constructors, Job No. 378 -47E5, Jackson Street, Estimate
No. 2, $200.00.
b. Liberty Industrial Construction, Job No. 378 -47E8, 20th Street, Estimate
No. 1, $15,800.00;
C. Liberty Industrial Construction, Job No. 378 -47E9, Hardy and 32nd Street,
Estimate No. 3, $14,400.00;
d. Golden Triangle Constructors, Job No. 378- 47Ell, S. 15th Street, Estimate
No. 1, $23,000.00;
e. Golden Triangle Constructors, Job No. 378- 47E12, S. 16th Street, Estimate
No. 1, $21,200.00;
f. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 4, $43,300.00;
g. Excavators & Constructors, Job No. 376 -27E, Avenue D and 21st St., Estimate
No. 2, $35,300.00; and Change Order No. 1, $2,000.00, and No. 2, $1,367.44;
h. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No. 3, $400.00;
and Change Order No. 1, $233.52;
i. Steele Construction, Job No. 378 -35P, 3rd Street, Estimate No. 2, $12,800.00; ,
and Change Order No. 1, $288.54.
All Voted Aye.
2c);;
Minutes Continued, December 12, 1978
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve change order
for installation of bars in the inlets of catch basins which exceeds 6" opening
height along Ithaca, Jackson, Kent, and 14th Street at $30.00 each, Change Order
No. 1, $420.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to ratify the agreement
with State Department of Highways and Public Transportation for participation for
the widening of Nederland Avenue with the intersection of 14th Street and with 21st
Street. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve plans and
specifications and advertisement for bids for C. Doornbos Park improvements and
swimming pool improvements contingent upon approval by Texas Parks and Wildlife;
bids to be received during January, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve contract No.
11 -N -79 with the South East Texas Employment and Training Program including 26
pages of assurances and certifications including and limited to complying with
Comprehensive Employment Training Act and all of Federal Management and Budget
Circulars, Civil Rights Act of 1964, the Uniform Relocation Assistance and Real
property Acquisition Act of 1970, the affidavit of nondiscrimination because of
race, creed, color, natural origin, sex, age, political affiliation or beliefs,
The Hatch Act which pertains to political activity, all rules of the OSHA regarding
safety, Workmen's Compensation Act, assurance that the occupation will result of
upward mobility, Fair Labor Standards Act of 1938, the Clean Air Act and Federal
Water Pollution Control Act, and Environmental Protection Agency regulations
providing for employment of those with limited English speaking ability, disabled
veterans, special veterans, State or local minimum wages, prevailing wage as
established by the Secretary of Labor, the Davis -Bacon Act, comply with Prime
Sponsor Agreement, Youth Employment and Demonstration Projects Act of 1977,
Hazardous Occupations Orders pursuant to Fair Labor Standards Act, rules of Economic
Employment Opportunity Commission, comply with the Affirmative Action Plan under
the South East Texas Employment Commission, comply with the Copeland Anti- Kickback
Act, 41 U.S.C. 51 -54, comply with the minority and small business suppliers and
services act, and other laws of the Federal and State governments; and authorize
Bob Henson, City Manager, to sign in behalf of the City of Nederland and sub-
contractor. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve attendance
and expenses of John Bernard, Water & Wastewater Superintendent, to the Water
Pollution Technology Course at Texas A & M University, January 8 -13, 1979. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of bills
for the month of November, 1978, in the amount of $22,534.06 by General Fund Checks
No. 1589 -1648, and $58,340.62 by Water Fund Checks No. 3284 -3330, a total of
$80,874.68. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table Executive Session
on matters pertaining to the purchase of right -of -ways and properties necessary for
implementation for City of Nederland improvements programs; Article 6252 -17,
1 V.A.T.S. All Voted Aye.
Discussion items were as follows:
1. Driveways along 18th Street construction.
2. Street marker on 14th Street.
3. Street light out between 900 and 100 -30th Street.
4. Signal light at the intersection of 12th and Nederland Avenue.
2,94
Minutes Continued, December 12, 1978
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
nn r
295
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
December 26, 1978
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, 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 meeting of December 12, 1978 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the 1977 -1978
fiscal year annual audit as presented by Mr. James E. Neushafer, Certified Public
Accountant of Beaumont, and to authorize payment in the amount of $3,450.00. All
Voted Aye.
Presentation was made by Billy Wayne Doornbos of a donation by the C. Doornbos, Jr.
family of a 2.0 acre tract of land located adjacent to the south end of C. Doornbos
Park.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve applica-
tions,for permits for sale of alcoholic beverages for "on premises consumption"
in accordance with Ordinance No. 70 as follows:
Airport Towers Restaurant, 200 Mem. Hwy. 69; American Legion Post
493, 922 Nederland Avenue; Crazy Horse Saloon, 808 S -Twin City Hwy.;
Irene's Lounge, 147 Twin City Hwy.; Italian Restaurant and Flying
Pizza, 3603 Nederland Avenue; Ken's Pizza Parlor, 2750 Nederland
Avenue; La Fiesta Restaurant, 535 N -Twin City Hwy.; Nederland Club,
323 Twin City Hwy.; Pizza Inn, 3520 Nederland Avenue; and The Schooner,
1508 South 38th Street, Broussards Seafood, 103 Nederland Avenue; and
LaSuprema, 3106 Hwy. 365.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize extension
of program and contract with South East Texas Employment and Training Program,
Contract No. III- N /YCCIP -79, including 26 pages of assurances and certifications
and including 37 pages of previsions on minimum wage, overtime, equal pay, and
record keeping in connection with child labor requirements, and limited to complying
with Comprehensive Employment Training Act and all of Federal Management and Budget
Circulars, Civil Rights Act of 1964, the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970, the affidavit of nondiscrimination because of
race, creed, color, national origin, sex, age, political affiliation or beliefs,
The Hatch Act which pertains to political activity, all rules of the OSHA regarding
safety, Workmen's Compensation Act, assurance that the occupation will result
A motion was made
by Mr. Lee and seconded by Mr.
Sawyer to accept the land pre-
sented by the C.
Doornbos, Jr. family in accordance with presented documents.
'
All Voted Aye.
A motion was made
by Mr. Lee and seconded by Mr.
Nagel to table action pertaining
to the adjustment
of driveways and other matters
along South 6th Street pavement
project between Avenue "H" and Main "B" canal.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve applica-
tions,for permits for sale of alcoholic beverages for "on premises consumption"
in accordance with Ordinance No. 70 as follows:
Airport Towers Restaurant, 200 Mem. Hwy. 69; American Legion Post
493, 922 Nederland Avenue; Crazy Horse Saloon, 808 S -Twin City Hwy.;
Irene's Lounge, 147 Twin City Hwy.; Italian Restaurant and Flying
Pizza, 3603 Nederland Avenue; Ken's Pizza Parlor, 2750 Nederland
Avenue; La Fiesta Restaurant, 535 N -Twin City Hwy.; Nederland Club,
323 Twin City Hwy.; Pizza Inn, 3520 Nederland Avenue; and The Schooner,
1508 South 38th Street, Broussards Seafood, 103 Nederland Avenue; and
LaSuprema, 3106 Hwy. 365.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize extension
of program and contract with South East Texas Employment and Training Program,
Contract No. III- N /YCCIP -79, including 26 pages of assurances and certifications
and including 37 pages of previsions on minimum wage, overtime, equal pay, and
record keeping in connection with child labor requirements, and limited to complying
with Comprehensive Employment Training Act and all of Federal Management and Budget
Circulars, Civil Rights Act of 1964, the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970, the affidavit of nondiscrimination because of
race, creed, color, national origin, sex, age, political affiliation or beliefs,
The Hatch Act which pertains to political activity, all rules of the OSHA regarding
safety, Workmen's Compensation Act, assurance that the occupation will result
X36
Minutes Continued, December 26, 1978
of upward mobility, Fair Labor Standards Act of 1938, the Clean Air Act and
Federal Water Pollution Control Act, and Environmental Protection Agency regulations
providing for employment of those with limited English speaking ability, disabled
veterans, special veterans, State or local minimum wages, prevailing wage as
established by the Secretary of Labor, the Davis -Bacon Act, comply with Prime
Sponsor Agreement, Youth Employment and Demonstration Projects Act of 1977, Hazardous
Occupations Orders pursuant to Fair Labor Standards Act, rules of Economic Employment
Opportunity Commission, comply with the Affirmative Action Plan under the South East
Texas Employment Commission, comply with the Copeland Anti- Kickback Act, 41 U.S.C.
51 -54, comply with the minority and small business suppliers and services act, and
other laws of the Federal and State governments; and authorize Bob Henson, City
Manager, to sign in behalf of the City of Nederland as subcontractor. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept water and
sanitary sewer facilities in Allan Meadow Subdivision Section Three and to authorize
final payment to Tejas Utilities, Inc., in the amount of $15,413.05; and to authorize
repayment to developer for water and sanitary sewer facilities in Allan Meadow
Section Three in the total amount of $101,622,84 in accordance with Ordinance #121.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
ordinances and documents authorizing the closing of all of the alleys in Block 16
of Nederland Townsite Addition:
A REQUEST FOR CLOSING OF AN ALLEY:
I, the undersigned, J. Alvin Barr, being one of the owners of the property
abutting the alley located in Block 16 of the Townsite of Nederland, Jefferson
County, Texas, hereby request that the City of Nederland close this alley.
To the best of my knowledge, the other property owners owning property
abutting the alley are Nederland Publishing Company, and Nederland State Bank.
J. ALVIN BARR
J. Alvin Barr
ORDINANCE NO. 314
AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING A CERTAIN PORTION
OF AN ALLEY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, J. Alvin Barr is the owner of the property adjacent to the alley
hereinafter described;
WHEREAS, that said portion of said alley is no longer used and the said J.
Alvin Barr has requested the City Council of the City of Nederland to discontinue,
close and abandon said portion of the alley, as hereinafter described; and
WHEREAS, if there are utilites located in said alley and if it is necessary
to relocate the utilities in said alley to be closed, Nederland State Bank has
agreed to pay all expenses for the relocation of said utilities in exchange for the
closing thereof; now therefore,
BE IT ORDAINED BY THE CITY OF NEDERLAND: I
Minutes Continued, December 26, 1978
SECTION 1: - That the following described portion of said alley in the
' City of Nederland, Jefferson County, Texas, be, and it is hereby discontinued,
closed and abandoned as a public alley:
One -half of the alley abutting Lots 4 and 5 in Block 16 of
the Townsite of Nederland, Jefferson County, Texas.
SECTION 2: - That the said Nederland State Bank pay all expenses for the
relocation of the utilities located on the above described portion of said alley,
if any.
SECTION 3: - This ordinance shall be effective from and after its passage.
SECTION 4: - That the Mayor and City Secretary shall be authorized to sign
and attest the transfer of this property by Quit -Claim Deed or other instrument
to the above named.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Nederland on December 26, 1978.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER The City of Nederland
Alta Fletcher, City Secretary
This ordinance, including all the provisions thereof, is hereby approved as
' to form and legality.
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A REQUEST FOR CLOSING OF AN ALLEY:
NOW COMES Nederland State Bank and makes this request of the City of
Nederland, Jefferson County, Texas, to close the alley located in Block 16 of
the Townsite of Nederland, Jefferson, County, Texas. Nederland State Bank hereby
agrees that if there are any utilities located in the above described alley,
that Nederland State Bank will pay all expenses that are incurred in moving
said utilities.
Nederland State Bank further says that to the best of its knowledge, the
only owners of property adjoining the above described alley are Nederland State
Bank, Nederland Publishing Company, and J. Alvin Barr.
Nederland State Bank
by JAMES E. MCDANIELS,
James E. McDaniels, Sr. -Vice-
President of Nederland State Bank
' ORDINANCE NO. 315
AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING A CERTAIN
PORTION OF AN ALLEY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY,
TEXAS, AND PROVIDING AN EFFECTIVE DATE.
298
Minutes Continued, December 26, 1978
WHEREAS Nederland State Bank is the owner of the property adjacent to the alley
hereinafter described;
WHEREAS, that said portion of said alley is no longer used and the said Neder-
land State Bank has requested the City Council of the City of Nederland to discon-
tinue, close and abandon said portion of the alley, as hereinafter described; and
WHEREAS, if there are utilities located in said alley and if it is necessary
to relocate the utilities in said alley to be closed, Nederland State Bank has
agreed to pay all expenses for the relocation of said utilities in exchange for the
closing thereof; now therefore,
BE IT ORDAINED BY THE CITY OF NEDERLAND:
SECTION 1: - That the following described portion of said alley in the City of
Nederland, Jefferson County, Texas, be, and it is hereby discontinued, closed and
abandoned as a public alley:
The alley abutting Lots 1 and 6 and the North one -half of Block 16
of the Townsite of Nederland, Jefferson County, Texas.
SECTION 2: - That the said Nederland State Bank pay all expenses for the re-
location of the utilities located on the above described portion of said alley, if
any.
SECTION 3: - This ordinance shall be effective from and after its passage.
SECTION 4: - That the Mayor and City Secretary shall be authorized to sign
and attest the transfer of this property by Quit -Claim Deed or other instrument
to the above named.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the
City of Nederland on December 26, 1978.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER The City of Nederland
Alta Fletcher, City Secretary
This ordinance, including all the provisions thereof, is hereby approved as to form
and legality.
W. E. SANDERSON
W. E. Sanderson, City Attorney
A REQUEST FOR CLOSING OF AN ALLEY:
Nederland Publishing Company, being one of the owners of the property abutting
the alley located in Block 16 of the Townsite of Nederland, Jefferson County, Texas,
hereby request that the City of Nederland close said alley.
Nederland Publishing Company, acting by and through its proper officials, says
that to the best of its knowledge, the only other property owners abutting the alley
are J. Alvin Barr and Nederland State Bank.
NEDERLAND PUBLISHING COMPANY
BY J. A. BARR
J. A. Barr, President
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Minutes Continued, December, 26, 1978
ORDINANCE NO. 316
' AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING A CERTAIN
PORTION OF AN ALLEY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY,
TEXAS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Nederland Publishing Company is the owner of the property adjacent
to the alley hereinafter described;
WHEREAS, that said portion of said alley is no longer used and the said
Nederland Publishing Company has requested the City Council of the City of
Nederland to discontinue, close and abandon said portion of the alley, as herein-
after described; and
WHEREAS, if there are utilities located in said alley and if it is necessary
to relocate the utilities in said alley to be closed, Nederland State Bank has
agreed to pay all expenses for the relocation of said utilities in exchange for
the closing thereof; now therefore,
BE IT ORDAINED BY THE CITY OF NEDERLAND:
SECTION 1: - That the following described portion of said alley in the City
of Nederland, Jefferson County, Texas, be, and it is hereby discontinued, closed
and abandoned as a public alley:
One -half of the alley abutting Lots 2 and 3 in Block 16 of the Townsite
of Nederland, Jefferson, County, Texas.
SECTION 2: - That the said Nederland State Bank pay all expenses for the
relocation of the utilities located on the above described portion of said alley,
if any.
SECTION 3: - This ordinance shall be effective from and after its passage.
SECTION 4: - That the Mayor and City Secretary shall be authorized to sign
and attest the transfer of this property be Quit -Claim Deed or other instrument
to the above named.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland on December 26, 1978.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER The City of Nederland
Alta Fletcher, City Secretary
This ordinance, including all the provisions thereof, is hereby approved as to
form and legality.
W. E. SANDERSON
' W. E. Sanderson, City Attorney
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table an Executive
Session on matters pertaining to the purchase of right -of -way and properties
Minutes Continued, December 26, 1978
necessary for implementation for City of Nederland improvements programs; Article
6252 -17, V.A.T.S. All Voted Aye.
Discussion items were as follows:
1. Left -hand turn from South 12th Street on Nederland Avenue.
2. Dirt may be filling storm sewer at 904 Louise Drive.
3. Delay in approval of plans through Texas Parks & Wildlife on Doornbos Park
improvements.
4. Relocation of utilities on 27th Street.
5. Rate increase by L.N.V.A.
6. Minimum wage to be increased to $2.90 per hour effective 1/1/79.
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
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