1979-19811
1
t
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
January 9, 1979
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 December 26, 1978 as written. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
following Amendment to Ordinance No. 107 providing for "No Parking" along the
2100 Block of Avenue "D" for 115 feet south from 21st Street. A petition of request
was filed by Billy Ryland, Mr. /Mrs. J. H. Barclay, Edgar A. Trahan, & J. D. Chester.
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 on Avenue "D" for 115 feet from 21st Street west on
Avenue "D ".
Section 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to
comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall
on conviction thereof be fined any sum not less than $1.00 nor more than $200.00
and the violation of each separate provision thereof shall be considered a
separate offense.
Section 3 - REPEALING CLAUSE
Any and all Ordinances of the City of Nederland, Texas, in conflict with any of
the provisions of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this
the 9th day of January, A. D., 1979.
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 9, 1979
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement
for bids to be received 6:30 P. M., February 13, 1979, as follows: ,
1. Employee Uniforms
2. Two (2) dump trucks and bodies
3. Two (2) 11 ton pick up trucks
4. Two (2) Police cars
5. Truck mounted trash loader
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize advertise-
ment for bids to be received 6:30 P. M., February 13, 1979, for delivery of 1,600
cu. yds. per month, minimum, of 60 -40 clay to sand cover material, delivered to
Sanitary Landfill. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following
election order calling an election for April 7, 1979, for the purpose of electing one
Councilman from Ward I and one Councilman from Ward III for the full term in accordance
with the City Charter;
ORDER CALLING ELECTION
CITY ELECTION
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND
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 seventh day of April, A. D., 1979, for the purpose of
electing two Councilmen, one for Ward One and one for Ward Three 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 Mrs. Luetta W. Powell as presiding officer, and she shall select one (1)
assistant judge and three clerks to assist in holding same.
Each person is qualified to vote who has attained the age of eighteen years and is
a qualified voter under 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.
Candidates fox the office of Councilmen for Ward One and Ward Three, having the
qualifications required by the Charter of the City of Nederland, may be nominated
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.
Nominating petitions shall be signed and filed in the office of the City Secretary
no later than 5:00 P. M., March 7, 1979, at the City Office Building.
L�
1
Minutes Continued, January 9, 1979
WITNESS MY HAND this the 9th day of January, A. D., 1979.
ATTEST:ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
ALL VOTED AYE.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing attendance
and expenses of the following:
Kenneth Meaux to Swimming Pool Seminar conducted by Texas A & M,
Jacinto City, Texas, from January 30th to February 1, 1979.
Darrell Bush to Lamar University Breath Analyzer Operators Course,
January 29 - February 2, 1979.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action
on final approval of the following projects:
1. 14th Street and Ithaca, Kent and Jackson Avenues Job
14th Street and Marshall and Navasota Job
2. South 15th Street and Avenue "J" Job
3. South 16th Street and Highway 365 Job
4. Hardy and 32nd Street Job
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize modification
of the sliding door in the Council Room and to replace the carpeting around the
council table, in the foyer, and in the office provided for the Mayor and Council:
At a total cost of $1,897.88. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment
of bills for the month of December, 1978, in the amount of $17,580.49 by General
Fund Checks No. 1678 -1752, and $19,242.29 by Water Fund Checks No. 3338 -3368,
a total of $36,822.78. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to cancel the
authorization for advertisement for bids to be received in January for the C.
Doornbos Park improvements and to authorize advertisement for bids to be received
6:30 P. M., February 27, 1979 for the park improvements. 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
necessary for implementation 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. Nugent to approve the following
estimates and change orders:
a. J.C.N. Pavers, Job No. 377 -85P, 27th Street, Estimate No. 4, $5,000.00;
b. Steele Construction, Job No. 378 -35P, 3rd Street, Estimate No. 3,
$53,000.00;
k
Minutes Continued, January 9, 1979
C. Liberty Industrial Construction, Job No. 378 -47E8, Estimate No. 2,
$16,400.00; 20th Street '
d. Liberty Industrial Construction, Job No. 378 -47E9, Hardy & 32nd,
Estimate No. 4, $1,500.00;
e. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 5,
$43,000.00;
f. Golden Triangle Constructors, Job No. 378- 47E12, S. 16th Street,
Estimate No. 2, $5,200.00;
g. Golden Triangle Constructors, Job No. 378- 47Ell, S. 15th Street,
Estimate No. 2, $2,500.00;
h. Golden Triangle Constructors, Job No. 378 -47E7, 14th Street,
Estimate No. 3, $1,000.00;
i. Golden Triangle Constructors, Job No. 378 -47E6, Kent, Estimate No. 3,
$1,000.00;
j. Excavators and Constructors, Job No. 378 -47E3, 1st & FM 366, Estimate
No. 4, $700.00;
k. Excavators and Constructors, Job No. 376 -27E, Avenue "D" and 21st
Street, Estimate No. 3, $13,000.00; and Change Order No. 3, $2,272.09.
All Voted Aye.
Discussion items were as follows:
1. Water pooling at end of driveway at the home of J. A. Minaldi, 520 17th Street.
2. Street improvements needed at the upper end of 27th Street from Helena Avenue
to Canal Avenue.
3. Motel Tax.
4. Request for "Right -on -Red" at the intersection of Nederland Avenue and 27th
Street, (Request denied because there is a signal light movement for a turn)
5. Funeral services for Mr. L. B. Nicholson.
6. S.E.T.R.P.C. meeting January 17, 1979 at the Red Carpet Inn in Beaumont;
T.M.L. Meeting January 18, 1979;
Civil Defense meeting February 20 -22, 1979.
7. Letter to Mr. Robert Embry concerning Interlocal Cooperation Act. (Entitlement
status under the Community Development Block Grant Program)
8. Equalization Board to be reappointed.
9. Members and alternates to represent the City at SETRPC.
10. Need to appoint member to Mid County Municipal League.
11. Driveway correction estimates for S -6th Street.
12. Change in the mailing of Agneda items to City Councilmen.
13. Heritage Festival clean -up.
14. Agreement with L.N.V.A.
The meeting was adjourned at 8:10 P. M.
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
January 23, 1979
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 January 9, 1979 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the plat of
Mar -Len Industrial Park, Section I Subdivision in accordance with Ordinance No. 121
As located within Nederland's extraterritorial jurisdiction and as recommended by
the Planning Commission with Drainage District approval of drainage permit and
Commissioners Court abandonment of 27th Street extension. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve installation of
street lights in Regency Place Subdivision in accordance with map submitted and
City policy for participation; and to approve final acceptance of the street and
drainage facilities within Regency Place Subdivision in accordance with Ordinance
No. 121 with developer's cost to be $3,763.00 and participation by the City in the
amount of $480.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve participation in
driveway adjustment along S -6th Street between Avenue "H" and Main "B" canal for
G. A. Jinks, Jr. and L. E. Ancelot, Sr. with a one day extension of time allowance
for J. A. Jones. All Voted Aye.
A motion wag made by Mr. Nugent and seconded by Mr. Gillespie to authorize airplanes
of Jefferson County Mosquito Control District to fly at low levels along certain
areas of Nederland as indicated on map submitted. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize final
acceptance and to approve final estimate in the amount of $10,954.36 to contractor,
Blacksher Welding Company of Bridge City, for Sunoco water line project, with
participation by City to be $4,743.50; and total pay back to Sunoco under the
agreement in the amount of $50,116.12. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint Messrs. M. L. C.
Lucke, Melvin Spittler, and Charles Lankford to the 1979 Equalization Board and
designate Mr. M. L. C. Lucke as Chairman for a one (1) year term. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint Mr. R. D. Sawyer
to serve as Director on the Board of the Mid- County Municipal League and to appoint
Mayor Nagel and Mr. Sam Gillespie as members and Mr. Tom Lee, Jr. and Mr. R. A.
Nugent as Alternate Members to the Executive Committee of the South East Texas
Regional Planning Committee. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the following
Amendment to Ordinance No. 107 authorizing the removal of traffic signals and
appurtenances at the intersection of 12th Street and Nederland Avenue. All Voted Aye
Minutes Continued, January 23, 1979
AN AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON
PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES
FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING
ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS
AMENDMENT.
WHEREAS, the City Council of the City of Nederland is of the opinion that
a definite policy should be established pertaining to traffic regulation
requiring 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 the right -of -way to vehicles approaching the intersection on Nederland
Avenue.
A stop sign shall be erected on South 12th Street at Nederland Avenue and
all north bound vehicles approaching the intersection from South 12th Street must
come to a stop and yield the right -of -way to vehicles approaching the intersection
on Nederland Avenue.
Section 2: TRAFFIC SIGNAL
The traffic signal and appurtenances at the intersection of 12th Street and
Nederland Avenue shall be removed.
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 in any sum not less than $1.00 nor more than $200.00
and the violation of each separate provision thereof shall be considered a separate
offense.
Section 4: REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict with
any of the provisions of this ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on
this the 23rd day of January, A. D., 1979.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
1
1
1
Minutes Continued, January 23, 1979
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing attendance
and expenses of Civil Defense officials to the Annual Civil Defense Meeting in
Austin, February 20 -22, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie authorizing final
approval of payment of the following project:
a. Golden Triangle Constructors Job No. 378 -47E 4 -7, 14th Street and
Ithaca, Kent, and Jackson Avenues and Marshall and Navasota, Final
Estimate, $21,401.18.
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
programs; Article 6252 -17, V.A.T.S.. A motion was made by Mr. Nagel and seconded
by Mr. Lee to table action on matters discussed in Executive Session. All Voted
Aye.
Discussion items were as follows:
t
The meeting was adjourned at 8:50 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
r i - t
H. E. Nagel, "Mayor
City of Nederland, Texas
1.
Reflectors to mark lanes on Nederland Avenue.
2.
Left turn signal needed at the intersection of Nederland Avenue and Twin City
Highway.
3.
Low spot in pavement in the 3100 -3200 block of Helena Avenue.
4.
5.
Street repair needed at the upper end of 27th Street.
Community Development Block Grant Program (widening of Detroit).
6.
Bids on garbage trucks.
7.
Approval of plans for Doornbos Park improvements by Texas Parks and Wildlife.
8.
Dinner tickets at Chamber of Commerce.
9.
Change in procedure in putting up and taking down Christmas lights.
10.
Letter to Mary Lou DeCuir requesting repair to structure on Avenue A.
11.
Ambulance subsidy.
12.
Alternatives on Annexation.
t
The meeting was adjourned at 8:50 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
r i - t
H. E. Nagel, "Mayor
City of Nederland, Texas
MA
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 13, 1979
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 meeting of January 23, 1979 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to refer the following bids
to the City Manager and his staff for tabulation and recommendation:
a. 1600 cu. yds. of 60% clay /40% sand for Mid County Municipal League
Sanitary Landfill; and,
b. Proposal No. 1 - Employee Uniforms
Proposal No. 2 - Two Dump Trucks and Bodies
Proposal No. 3 - Two 11 Ton Pickup Trucks
Proposal No. 4 - Two Police Cars
Proposal No. 5 - Truck Mounted Trash Loader
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 30 citizens were in attendance.
A motion was made by Mr. Lee and seconded by Mr. Nagel to schedule a second Public
Hearing to be held 6:30 P. M. Wednesday, February 14, 1979 concerning application
for Community Development Block Grant. All Voted Aye.
A presentation of requests for increase in natural gas rates within Nederland was
made by Mr. O. L. Slaughter, Southern Union Gas Company.
A motion was made by Mr. Nagel and seconded by Mr. Lee to schedule a Public Hearing
to be held 6:30 P. M., April 10, 1979 concerning Southern Union Gas Company rate
increase and to suspend rates for 120 days from March 12th. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the following
agreement providing for lease to the Nederland -Port Neches Senior Citizen Program of
the Service Center meeting room and parking area, 715 Hardy Avenue, from the hours
of 2:00 P. M. to 10:00 A. M.:
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
ON THIS THE 13th day of February, 1979, the City of Nederland, Jefferson County,
Texas by and through its duly elected officers, hereinafter referred to as a Lessor,
y �
Minutes Continued, February 13, 1979
have entered into the following Contract and Agreement with the Senior Citizens
Services, Inc., of Port Arthur, Texas, (Grantee - South East Texas Regional Planning
Commission), hereinafter referred to as Lessee, to -wit:
The premises to be leased is the Service Center meeting room and parking area
located at Hardy Avenue and Avenue E, Nederland, Texas.
The term of the lease shall be for one (1) year, beginning on the 26th day of
February, 1979.
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 Service Center meeting room and parking area is to be leased to the Lessee,
to be used as a Senior Citizens Services Center, primarily as necessity and conven-
ience to this segment of our citizenry. There shall be no alcoholic beverages sold
or consumed on the premises. This lease shall not preclude or interfere with the
use of this facility by City Employees or Public /Semi - Public /Quasi - Public groups
between the hours of 2:00 P. M. and 10:00 A. M. next following.
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 notice
shall be mailed to the City of Nederland, P. O. Box 967, Nederland, Texas 77627,
and Senior Citizens Services, Inc. of Port Arthur, Texas, Inc., 920 DeQueen Blvd.
Port Arthur, Texas 77640.
The Lessee herein shall not make any alterations to the leased premises with-
out permission from the Lessor.
The Lessor shall furnish the electricity, natural gas, water, sewer, and
garbage disposal, estimated to amount to approximately $2,400.00 duringythe term
of this lease; and building upkeep and maintenance of approximately $1,000.00
WITNESS OUR HANDS this the 13th day of February, 1979.
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: V. F. BUTAUD, Director
V. F. Butaud, Director
W. E. SANDERSON Senior Citizens Services Center
W. E. Sanderson, City Attorney of Port Arthur, Texas, Inc.
City of Nederland, Texas
ATTEST:
W. J. DICKINSON,
W. J. Dickinson, Board President
Senior Citizens Services Center of
Port Arthur, Texas, Inc.
Ah Ak - Ah
i.
Minutes Continued, February 13, 1979
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 14th day of February, 1979.
J. B. MCKINNEY
J. B. McKinney
Notary Public in and for Jefferson
County, Texas
THE STATE OF TEXAS X
THE COUNTY OF JEFFERSON X
BEFORE ME the undersigned authority on this day personally appeared Vertis Butaud,
Program Director, Senior Citizens Services Center, 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 14th day of February, 1979.
ALTA FLETCHER
Notary Public in and for Jefferson
County, Texas Alta Fletcher
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND
I, ALTA FLETCHER, CITY SECRETARY OF THE CITY OF NEDERLAND, TEXAS, do hereby certify
that the above and foregoing is a true and correct copy of the Original Hereof, as
same was filed and appears on record in my office.
Witness my official seal and signature of office in Nederland, Texas, this the
14th day of February, 1979.
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Sawyer that the City endorse the
concept of a permanent senior citizen facility at the corner of Avenue "B" and South
12th Street adjacent to the YMCA. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment to
Gulf States Utilities for Christmas lighting in the amount of $439.93; and to
approve payment to Volunteer Fire Department for putting up the lights in the amount
of $500.00. All Voted Aye.
11
Minutes Continued, February 13,1979
Councilman R. A. Nugent left the meeting at this time; 8:00 P. M.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
agreement with the State Department of Highways and Public Transportation and the
Kansas City Southern Railway Company for improvement of railroad crossing signals
at the Nederland Avenue intersection with Kansas City Southern Railway. All
Voted Aye.
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
RAILROAD SIGNAL MASTER AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of December, 1978, by and
between the State of Texas, hereinafter called the State, and The Kansas City
Southern Railway Company, hereinafter called the RAILROAD.
WITNESSETH:
WHEREAS, the STATE and the RAILROAD propose to install highway - railroad grade
crossing warning systems at the crossings shown on the list marked EXHIBIT L,
attached hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth,
the parties hereto agree as follows :'
1. RIGHTS. The RAILROAD hereby gives the STATE and certain MUNICIPALITIES the
right to install the grade crossing warning systems and to use the crossings
across its property at the intersections of the tracks, highways and streets
listed on EXHIBIT L.
2. CONDITIONS. These rights, given hereby, shall not in any way conflict or
interfere with any prior or existing rights of the RAILROAD at the crossings. It
is agreed that if there are future track modification at the crossings, the
RAILROAD will restore the highways or streets to proper condition and restore the
functional operation of the warning system.
3. PLANS AND DESIGN. The STATE and the RAILROAD agree jointly to prepare plans ani
estimates based on specifications approved by the STATE and RAILROAD for the
proposed grade crossing warning systems and after having been approved in writing
by the STATE AND RAILROAD, said plans and estimates are to be marked EXHIBIT B,
which by reference to, are to be made a part hereof. No changes are to be made
in the EXHIBIT B without written approval of the STATE and RAILROAD.
4. RESPONSIBILITIES.
a. The RAILROAD, unless otherwise provided, shall make changes or alterations
in the tracks, wire lines, drainage or other facilities located in the crossing
right -of -ways which may be required by construction, to include continuous rail
and road operation and restoration, to former condition upon completion of the
projects.
b. The STATE shall furnish the MUNICIPALITIES (with jurisdiction over streets
and roads not on the State Highway System as shown in EXHIBIT L), appropriate
plans which shall be approved by execution of ENDORSEMENTS. The ENDORSEMENTS shall
_ constitute full approval of the projects by the MUNICIPALITIES and shall be marked
EXHIBIT E, which by reference to, shall be made a part hereof.
C. The STATE shall make reimbursement to the RAILROAD for all approved work
dmL- A r — Ah
Minutes Continued, February 13, 1979
performed, as specified under paragraph 6, "PAYMENTS ". The STATE will be reimbursed
from Federal Funds for these projects; therefore, the RAILROAD hereby agrees to abide
by directives established under the following:
(1) Federal Highway Administration, Federal Highway Program Manual (FHPM),
Volume 1, Chapter 4, Section 3. (Reimbursement)
(2) Federal Highway Adminstration, Federal Highway Program Manual (FHPM),
Volume 6, Chapter 6, Section 2, Subsectionl. (Railroad- Highway Projects)
(3) Federal Highway Administration, Federal Highway Program Manual (FHPM),
Volume 6, Chapter 6, Section 2, Subsection 2. (Insurance)
(4) Title VI of the Civil Rights Act of 1964.
(5) State Department of Highways and Public Transportation current policies
and practice on submission of plans, estimates and billings.
and any supplements hereto or revisions thereof, which, by reference hereto, are made
a part hereof.
5. CONSTRUCTION. The STATE agrees to furnish such construction stakes and ele-
vations as are required for the installation. The RAILROAD shall commence the instal-
lation of the individual projects within two weeks after receipt of Work Order from the
STATE for such individual projects, and shall proceed diligently to completion of the
installation.
Materials and labor required for the installation of the warning systems are to be
furnished by the RAILROAD. Materials are to be of the kind and quality detailed
in the EXHIBIT B. Assembly of the materials should be undertaken sufficiently in
advance to assure prompt delivery to the job site. Payment for any expense whatso-
ever in connection with the project will be contingent upon issuance of a WORK ORDER.
6. PAYMENT - LUMP SUM. The estimates for the individual projects shall show
a complete and itemized detailed description for all materials and breakdowns for
labor and equipment to be used on the projects. The STATE shall review said estimate
and if approved by the STATE as a part of the EXHIBIT B, shall constitute the full
agreed -upon LUMP SUM cost of the project, subject to Federal Highway Administration
approval and issuance of a letter of authority for construction. The STATE shall
reserve the right of judgement on whether the LUMP SUM properly constitutes the fair
price of the scope of work and compatibility with the needs fir the individual
projects. Since this agreement is for a LUMP SUM, there will be no provision for
contingencies in the approved estimate.
Upon completion of the individual projects, the RAILROAD will notify the STATE that
the project is complete and request a final inspection. If the STATE certifies that
the project has been installed in substantial accordance with the plans, specifications
and estimate, and is operating properly, the RAILROAD shall submit a proper billing
in the amount of the agreed -upon LUMP SUM, which shall be reimbursed promptly by the
STATE and shall be full and final compensation for all materials, labor and service
rendered. If the final inspection by the STATE indicates corrections or additions ,
are necessary to comply with the approved plans, the RAILROAD shall make such
corrections immediately and prior to payment of the agreed upon LUMP SUM. There shall
be no provision in this agreement for partial payments; however, payments may be
requested for materials on hand but not in place, under current STATE policy. The
RAILROAD shall retain adequate cost accounting records for auditing purposed for a
1
1
13
Minutes Continued, February 13, 1979
period of three years after payment of the LUMP SUM.
7. MAINTENANCE. The RAILROAD shall maintain and operate these highway
railroad grade crossing warning systems as installed and in accordance with
the design of operation as shown in the EXHIBIT B. No changes are to be made in
the design, operation or location of the warning systems without the written
approval of the STATE or MUNICIPALITY of jurisdiction.
8. All provisions concerning the STATE which are stipulated herein shall
automatically cease and terminate upon official completion of the projects and
payments of the LUMP SUM bills, where the crossings covered herein are not on the
State Highway System. The MUNICIPALITIES of jurisdiction in such case shall
assume the rights of the STATE after payment of the bills.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate on the day above stated.
THE KANSAS CITY SOUTHERN RAILWAY
COMPANY
BY: M. F. McCLANS
(Title) Vice President
ATTEST:
(Seal)
THE STATE OF TEXAS
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:
GERALDINE D. DOLLINS BY: WAYNE HENNEBURGER
Assistant Secretary for Railroad Bridge Engineer
Under authority of State Highway and
Public Transportation Commission Minute
Order No. 70104, dated June 20, 1975
RECOMMENDED:
(Title)
(Title)
APPROVED AS TO FORM:
Attorneys for Railroad
Mo. Ah Ah — Ah
RECOMMENDED FOR APPROVAL:
A. R. COSTELLO
Director, Finance
JOHN WOODSON
Supervising Office Engineer
M
Minutes Continued, February 13, 1979
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing installation of street
lights within Allan Meadow Subdivision, Section Three. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the 1979
Nederland Heritage Festival, March 14 -18, 1979, including the closing of Boston
Avenue from 14th Street to 17th Street; employee participation; and a police
escort of the Heritage Promotional Tour to nine Louisiana cities. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing advertisement
for bids on two (2) garbage truck bodies and chassis to be received 6:30 P. M.,
March 13, 1979. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the attendance and
expenses of the following:
a. John Bernard, 61st Annual Short School on Water and Wastewater, Texas
A & M, March 4 -8, 1979; and
b. John Bamber, Texas Public Works Association, Waco, Texas, April 26 -28, 1979.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment of bills
for the month of January, 1978, in the amount of $20, 573.98 by General Fund Checks
No. 1806 =1873, and $21,757.54 by Water Fund Checks No. 3385 =3411, a total of
$42,334.52. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action transferring
the easements along drainage structures between Nederland Avenue and Main "B"
Drainage Canal along 10th Street projected east from the City of Nederland to
Jefferson County Drainage District No. 7. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel approving the following
payments and relating matters of Capital Improvement Program:
a. Final acceptance of Hardy Avenue and 32nd Street drainage project;
South 15th Street and South 16th Street drainage jobs;
b. Golden Triangle Constructors, Job No. 378- 47Ell &12 -1, South 15th
Street and South 16th Street, Estimate No. 3 & final, $14,537.42; and
Change Order No. 1, $7,405.42;
c. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 6,
$15,000.00;
d. Steele Construction Co., Job No. 378 -35P, 3rd Street, Estimate No. 4,
$23,000.00; and Change Order No. 2, $369.46;
e. Excavators & Constructors, Job No. 376 -27E, Avenue D and 21st Street,
Estimate No. 4, $500.00;
f. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No. 5,
$36,000.00;
g. Excavators & Constructors, Job No. 378- 47E -3, 1st Street and FM 366,
Estimate No. 5, $31,000.00;
1
Minutes Continued, February 13, 1979
h. Liberty Industrial Construction, Job No. 378 -47E8, 20th Street, Estimate
No. 3, $18,200.00; and
i. Liberty Industrial Construction, Job No. 378 -47E9, Hardy Avenue and 32nd
Street, Estimate No. 5 & final, $6,317.42; and Change Order No. 1,
$266.58.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Access to 2701 West Chicago Drive.
2. Easement for sidewalk from Mr. F. L. Wright.
3. Ambulance regulation ordinance.
4. Permits to relocate at Sanitary Landfill.
5. Participation in 208 Water Plan with SETRPC.
6. Inspection of 3rd Street to be 6:00 P. M., February 27, 1979.
7. Repairs to signal light at Nederland Avenue and Third Street intersection.
8. Electric bill for Babe Ruth League.
The meeting was adjourned at 9:15 P. M.
ATTEST:
/1.De , 261(- Z L2
Alta Fletcher, City Secretary
City of Nederland, Texas
jib. A& i � &
H. E. Nagel, ayor
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 14, 1979
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.
Sam Gillespie. Mr. R. A. Nugent was absent.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table approval of Minutes
of the previous meeting of February 13, 1979. 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 preapplication for a
Community Development Block Grant to be prepared and submitted to the Department of
Housing and Urban Development (HUD).
Transcript.of Public Hearing is as follows:
PUBLIC HEARING
Community Development Block Grant
February 14, 1979
Mr. Everett Sanderson:
This Public Hearing is being held in accordance with requirements outlined in
Federal Register dated Wednesday, March 1, 1978, Part V titled Community Development
Block Grants, Small Cities Program.
The specific section or paragraph relating to hearing requirements is Section
570.431 (d) (1) (iii).
This Public Hearing is being held to obtain the views and proposals of citizens
with regards to the determination of priorities and community development and housing
needs.
Prior Council action has authorized the City staff to resubmit the City's 1978
preapplication. Let the record reflect the City has posted notification and adver-
tised notice of this hearing in the Port Arthur News.
The meeting will progress by a general description of the 1978 preapplication
work and then citizen input is requested for additions and deletions to proposed
work - Mr. Dave Perrell of Chas. R. Haile and Associates - will outline proposed work.
Mr. Dave Perrell:
We have a map showing the proposed immediate area that will be affected. The ,
area generally consists of the area from 9th Street to 17th Street and from Detroit
Avenue to Avenue H. This is the only area in the City that will be affected, and the y
i An
Minutes Continued, February 14, 1979
improvements that we propose will upgrade existing industrial areas. We have out-
lined our work consisting of three different sections, we call these yearly sec-
tions, and I will read each of our yearly proposals.
The 1979 project will consist of a storm sewer on 12th Street that will run
from Main "B" Canal to Boston Avenue. Part of this project was included in our
recent bond issue. The proposed cost, exclusive of the bond issue work, is
$134,000.00. We have also proposed park improvements at the corner of Boston
Avenue and 9th Street. This is an existing park facility. We will upgrade this
park, and we have allocated $25,000.00 for this. We will also have a general
cleanup of the parking area, with removal of some of the dilapidated structures.
The amount that we have set aside for this cleanup and structure removal is
$20,000.00.
In our first year program we also propose to pave Atlanta from Highway 347
to 15th Street. The allocation of funds for this is $270,000.00. We also have an
allocation of $5,000.00 for general street light improvements in the area. This
is our first year program, which will be during the year of 1979. The total
project cost is $454,300.00. Incidentily, on the map, the paving is shown by the
bold red tape, the paving of the alleys is shown by the smaller red tape, the
proposed water lines are shown by the yellow tape, the parking area is shown by
the blue tape, the brown dots are the fire hydrants, and the storm sewer is shown
by the slashed tape.
For the 1980 project, the second year project, we have included out waterworks.
I will read these out as they are shown in yellow. Generally, these are loop lines
Within the area connected to outside lines coming into the area, which will pro-
vide us with adequate domestic service and also fire protection in the area.
This generally consists of 6" lines, except for two 8" lines, which will be along
12th Street from Nederland Avenue to Atlanta, and we have a section of 8" line
on 14th Street from Atlanta to Boston Avenue. All of the remaining lines will be
6" lines and they are as follows:
6" line - On Chicago from 9th Street to 10th Street
6" line - On 10th Street from Detroit to Chicago
6" line - Between 10th and 11th from Detroit to Nederland Avenue
6" line - Between Hwy. 347 and 12th Street from Atlanta toward Chicago
6" line - Nederland Avenue from 11th Street to 10th Street
6" line - On Altanta from 12th Street toward Hwy. 347
6" line - Between Atlanta and Boston from 12th toward Hwy. 347
6" line - Between Boston and Chicago from 13th Street toward Hwy. 347
6" line - On 13th Street from Nederland Avenue to Detroit
I have already described the 8" lines which are included in this year's
program. The total cost of water improvements is estimated to be $141,250.00.
In the 1980 project we have also included concrete pavement as follows:
9th Street - Nederland Avenue to Boston Avenue
Boston - 9th Street to 10th Street
Between Nederland Avenue and Atlanta from 10th Street toward 11th Street
Between 10th Street and 11th Street from Atlanta to Boston
Between Hwy. 347 and 12th Street from Atlanta to Chicago
Between Chicago and Nederland Avenue from 13th Street toward Hwy. 347
Between Nederland and Atlanta from 13th Street toward Hwy. 347
Between 12th Street and 13th Street from Nederland Avenue toward Boston
i!k Ah a a .ti
- Q
Minutes Continued, February 14, 1979
A majority of this work is in the alleys, so we are proposing alley improve-
ments here. The sub total for the street and alley improvements is $525,050.00.
The 1981 Project consists of the remaining concrete pavement which is described
as follows:
Chicago - Highway 347 to 14th Street
Chicago - 14th Street to 15th Street
15th Street - Nederland Avenue to Detroit
11th Street - Nederland Avenue to Boston
The estimated cost of these paving projects for 1981 is $512,200.00.
A resume of the total cost contributed to each yearly project is as follows:
Sub -Total 1979 Projects ...................... $454,300.00
Sub -Total 1980 Projects ...................... $525,050.00
Sub -Total 1981 Projects ...................... $512,200.00
Total project cost for three -year program: $1,491,550.00
This generally describes the projects as outlined in our preapplication that we
submitted. If there are any questions, I will answer them at this time.
Mr. Everett Sanderson:
Does anyone have any questions to ask Mr. Perrell?
Mr. Robert Sawyer:
Yes Sir, I have one question. This one 6" line that you are speaking of, is
this between 10th and 11th Street from Detroit to Nederland Avenue?
Mr. Dave Perrell:
That would be this line here?
Mr. Robert Sawyer:
Yes. Is that between 10th Street and 11th Street?
Mr. Davel Perrell:
Well, it should actually be described as being on 10th and 11th Street. Perhaps
the wording is in error.
Mr. Robert Sawyer:
It will be out of the alleyway?
1
Mr. Dave Perrell:
Well, we have
this entire run.
I have about six descriptions that I could leave
,
here with you that
will include this.
Actually, the lines start out at 9th Street
and run down Detroit. We will have a
runout on Detroit to a previous 8" line that we
put through. This
will connect that
line and continue down Detroit. On 11th Street
we will pick up an
extension line and
continue on down to the railroad and follow
f
Minutes Continued, February 14, 1979
along 11th Street over to Nederland Avenue. We have a short section that will
take us back into 10th Street on another 8" feeder. We are limitied to 3600
feet of 6" line that we can put in without tying into the other line. This is
a brief description.
Mr. Robert Sawyer:
The description indicates lines are to run down alleys, and I did not know
we had alleys in this area of town. The line is primarily on 11th Street?
Mr. Dave Perrell:
A brief description would be Detroit and 11th Street.
Mr. Everett Sanderson:
Are there any more questions of Mr. Perrell?
(There were no suggested deletions from the floor)
At this time, there was a general discussion by members of the City Council,
the City Manager, and Mr. Perrell concerning dilapidated structure classification.
Reference was made to the comprehensive plan prepared by Caldwell and Associates
listing the number of structures and their classification.
Mr. Everett Sanderson:
Are there any general statements that would like to be added to the proposed
application?
Yes Sir. My name is Richard Hughes and I reside at 1806 Franklin here in
Nederland. I am very excited about the proposed projects as outlined by Mr.
Perrell, and as President of the Nederland Chamber of Commerce, I would like
to state that the Chamber has adopted as our primary objective for the
coming year the development of the Central Business District. The proposed
project as outlined by Mr. Perrell would greatly assist our own objectives
and would be of equal benefit to the entire community and its citizens.
Mr. Everett Sanderson:
This Public Hearing is now closed.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the submitting
of the preapplication for Community Development Block Grant Funds. All Voted
Aye.
The meeting was adjourned at 7:15 P. M.
H. E. Nagel, Myor
City of Nederland, Texas
_ ATTEST:
Alta Fletcher, City Secretary
CLty 0 ,I Nejjernd, Texas
z
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 27, 1979
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. Lee to approve the Minutes of
the previous meeting of February 13, 1979 as written. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of
electricity and water for the Babe Ruth Park and electricity at the high school
ball park during the Nederland Babe Ruth Season in 1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve participation
by the City of Nederland to $1,505.00 as local contribution to support the "208"
Water Quality Program of a tentative budget of $220,000.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Addendum
#1 - #5 to the plans and specifications for general contract work, Phase IIA, in
Doornbos Heritage Park as presented by Mr. Murphy Vaught, architect with Moore,
Stansbury & Vaught. All Voted Aye.
Sealed bids were received, opened, and read for C. Doornbos Park improvements,
General Contract, Phase II -A; and C. Doornbos Park, Pool and Deck Contract,
Phase II -B. Bidders were as follows:
Bathhouse, Paving, & Tennis Courts
Pool and Deck Contract
Coastal Pools, Inc. $192,877 No Change 3,400
A motion was made by Mr.
BASE BID
ALTERNATE #1
ALTERNATE #2
ALTERNATE #3
Baldwin Const. Co.
$277,917
$ 7,971
$ 6,791
$ 1,196
Bella Company
322,900
7,920
10,950
5,400
H. W. Campbell
344,979
21,849
12,172
NB
Daniels Bldg. & Const.
264,300
11,220
8,447
850
Galaxy Bldg. Corp.
294,600
9,500
8,300
5,500
Mar -Len, Inc.
319,132
7,800
10,800
5,500
R. H. McCauley
321,800
8,300
11,500
5,600
Port City Const.
301,444
13,807
10,134
5,544
Ritter, Inc.
289,232
10,050
9,250
1,815
Pool and Deck Contract
Coastal Pools, Inc. $192,877 No Change 3,400
A motion was made by Mr.
Nagel and seconded by Mr.
Gillespie to refer the bids for
C. Doornbos Park improvements and pool and deck contract to the City Manager and
architect for tabulation
and recommendation. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Proclamations
providing for "National Employ the Older Worker Week ", "Law Day ", and "Love
Southwest Airlines Day ". All Voted Aye.
r r r Ah a
L ?
Minutes Continued, February 27, 1979
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve placement of
passive warning devices at all public railroad grade crossings within Nederland by
State Department of Highways and Public Transportation with the City of Nederland
to maintain hereafter. All Voted Aye.
Presentation of annual report of the Nederland Fire Department was made by Fire
Chief -Fire Marshal Austin Sattler and Assistant Fire Chief Charles Slayton and
Assistant Fire Marshal Mark Cheney.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent authorizing attendance
and expenses of Assistant Fire Marshal Mark Cheney to the 24th Annual Fire and
Arson Investigators Seminar, Austin, Texas, March 12 -16, 1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve transferring of
easements along drainage structures between Nederland Avenue and Main "B" Canal
along 10th Street projected east from the City of Nederland to Jefferson County
Drainage District No. 7. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award the bids
received received during the previous meeting of February 13, 1979 for cover
material for landfill, employee uniforms, and moving vehicles as follows:
COMPANY AMOUNT
Cover Material for Sanitary Landfill Maco Construction $ 4,144.50
Employee Uniforms Factory Sales 2,271.00
Two Dump Trucks and Bodies Buddy Chevrolet 17,800.00
Two 1i Ton Pickup Trucks Gordon Chevrolet 7,148.00
Two Police Cars Crocker Motors 11,095.20
Truck Mounted Trash Loader No Bid No Bid
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to table action on the
closing of a portion of an easement and transfer of the most easterly 10' of an
easement located on the most westerly 20' of Lot 62 of Bluebonnet Addition to the
City of Nederland. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table an Executive
Session on matter 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.
Discussion items were as follows:
1. Repairs needed on house at Avenue D and S -23rd Street
2. Policy on alley closing.
3. New City Directory.
4. Garbage bag delivery in March.
5. Garbage service missed on 17th Street.
6. Department of Water Resources.
7. Acceptance of easement, S -6th Street drainage.
8. Insurance pregnancy benefits.
9. Ambulance regulation Ordinance.
10. Recommendation from State Board of Insurance.
11. Assessment Ratio.
The meeting was adjourned at 8:30 P. M.
Minutes Continued, February 27, 1979
H. E. Nag 1 ayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
t
1
1
1
'1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 13, 1979
C) ,1
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. A. Nugent, Mr. Tom Lee, Jr., Mr. Sam Gillespie, Mr.
R. D. Sawyer, and Mr. Homer E. Nagel.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
Minutes of the previous meetings of February 14 and 27, 1979 as written. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bids for
C. Doornbos Park improvements as follows:'
a. General Contract Phase IIA, Daniels Building & Construction, Inc.,
$265,150.00, and
b. Pool and Deck Phase IIA, Coastal Pools, Inc., $192,877.00;
all in accordance with itemized status of job worksheet. All Voted Aye.
DOORNBOS HERITAGE PARK - PHASE II
AVAILABLE FUNDS (3/9/79):
City of Nederland
Texas Parks & Wildlife Grant
TOTAL
REQUIRED:
GENERAL CONTRACT - PHASE IIA:
Base Bid $264,300.00
Add Alts. #3 (Roofing) 850.00
SUB TOTAL $265,150.00
Deduct Change Order #1:
Contingency Allowance - 13,000.00
POOL /DECK CONTRACT - PHASE IIB:
Base Bid $192,877.00
Alt. #1 (Rainbow Gravel Deck) No Change
Deduct Change Order No. 1:
Tile Racing Lanes & Targets - 3,636.00
Equipment Deductions - 776.00
Weatherproof Starter
Enclosure - 660.00
Decking (2800 sf x $2.50 /s£) - 7,000.00
TOTAL COST POOL /DECK CONTRACT
TOTAL CONSTRUCTION COST
A/E FEES TO PAY (Thru Completion)
TOTAL
$236,611.00
201,280.00
$437,891.00
$180,805.00
432,955.00
10,556.00
$443,511.00
1 4
Minutes Continued, March 13, 1979
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve change orders which
will reduce the General Contract to $252,150.00 and the Pool and Deck Contract I
to $180,805.00. All Voted Aye.
Sealed bids were received and opened for purchase of two (2) new 1979 truck chassis
and packer bodies for the Garbage Department with trade in of two (2) garbage
trucks. A tabulation is as follows:
Trucks Trucks Trade -In Trade -In Alternate
BIDDERS Each Total 61 63 Total
Astro Truck Sales
8,000
8,000
85,952.28
Dyna Tran
3,000
3,000
93,700.00
Environmental Sales 53,378 52,420
6,000
6,000
93,798.00
Interstate Solid Waste
2,500
2,500
96,495.60
Benjamin Feld, Assoc. 55,898
1,800
1,900
105,582.00
Feld Assoc. Alternate 66,416
1,800
1,900
116,100.00
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
two (2) new 1979 truck chassis and packer bodies for Garbage Department, less trade
in of two (2) garbage trucks, to the City Manager and his staff for tabulation and
recommendation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve participation
with Nederland Junior Football League and the Softball League towards the construction
of a concession building on City property adjacent to playing field behind the
Service Center with others to provide labor and equipment and City to provide
materials costing approximately $4,000.00; with an adjustment on cost to provide I
changes to assist handicapped. All Voted Aye.
Mr. Gary Greif from East Texas Legal Services was present representing the senior
citizens pertaining to the employment of a rate consultant to consider Southern
Union Gas Company rate increase.
A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the firm of
Touche -Ross to provide an analysis and recommendation of Southern Union Gas
Company's request for a rate increase filed on February 2, 1979. All Voted Aye.
Mr. Charles Martin, 812 S -Twin City Hwy., appealed for help from the City to stop
destruction to his property cause by youth patronizing adjoining businesses.
A report was given by Mr. Bodemuller on Senior Citizen meals at Service Center.
Mr. Bodemuller stated the center accommodates approximately 50 people with about
80% paying for the meals.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve payment of
estimates to contractors and authorize change orders under the 1977 Capital
Improvement Program as follows:
a. Final acceptance of 3rd Street paving project; Steele Construction Co.,
Job No. 378 -35P, Final payment, $14,679.78;
b. Final acceptance of South 21st Street and Avenue "D" storm sewer project,
Excavators & Constructor, Job No. 376 -27E, Estimate No. 6 and Final, '
$7,890.70;
C. F. Gatlin Asphalt, Job No. 378 -34P, South 6th Street, Estimate No. 5,
$2,000.00; and Change Order No. 4, $120.00;
d. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 7, $23,000.00;
e. Excavators & Constructors, Job No. 378 -47E3, 1st Street and FM 366, Estimate
No. 6, $11,500.00;
4 U
Minutes Continued, March 13,1979
f. Excavators & Constructors, Job No. 376 -27E, South 21st Street and Avenue D,
' Estimate No. 5, $5,000.00; and Change Order No. 4, $1,870.34;
g. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th street, Estimate No. 6,
$27,000.00; and Change Order No. 2, $2,000.00;
h. Liberty Industrial, Job No. 378 -47E8, 20th Street, Estimate No. 4, $3,000.00;
i. Steele Construction, Job No. 378 -35P, 3rd Street, Estimate No. 5, $3,000.00.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of bills for the month of February, 1979 in the amount of $57,435.11 by General
Fund Checks No. 1916 -1978 and $19,480.79 by Water Fund Checks No. 3421 -3449. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize attendance
and expenses of Kenneth Meaux to the Texas A & M Inspectors Seminar at Baytown,
April 9 -10, 1979. All Voted Aye.
An Executive Session was conducted and right -of -way purchases were discussed, but
nothing was ready for final approval.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action 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. All Voted Aye.
Discussion items were as follows:
1. Losses at Service Center.
2. "No Parking" sign on Atlanta by Central Junior High has been torn down several
times.
3. Street sign down at 3123 Avenue A.
4. Heritage Festival Parade.
5. List of drainage projects.
6. Rack needed to dry fire hose.
7. Visit by President of Educators Assoc. of Holland to be February 14, 1979.
8. Participation in "208 Program ".
9. Beautification of Railroad Right -of -Ways.
10. Summer Recreation Program.
11. Garbage bags being delivered.
12. Festival treasure found by Nederland High School senior.
13. Erroneous news article in Mid County Chronicle.
The meeting was adjourned at 9:05 P. M.
H. E. Nagel, ayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
�c
REGULAR MEETING OF THE CITY COUNCIL OF.THE
CITY OF NEDERLAND
March 27, 1979
The meeting was called to roder 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, Jr. was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of March 13, 1979 as written. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve public works
improvements to be undertaken by the United States Corps of Engineers, this request
for the Ninth Congressional District, State of Texas, is to be submitted to the
Senate and the House on April 4, 1978, by the Honorable Jack Brooks, M. C., Ninth
District Texas. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we approve the following
Resolution commending the 1979 Bicentennial Committee for a "job well done ". All Voted
Aye.
A RESOLUTION
WHEREAS, the Nederland Heritage Festival Committee has been operating every
year in March since the Diamond Jubilee was celebrated in 1973, and;
WHEREAS, this committee of volunteers has been headed in the past by Dan
Marcontel, John Morgan, Don Watt, Johnny Shaw, Bobby Davis, and Alton Hollier, and;
WHEREAS, the Festival has become more and more successful with each year, and;
WHEREAS, the Festival, in addition to the activities and good will, ahs also
produced community benefits and contributions to the C. Doornbos Park, Nederland
Library, Windmill Museum, French House, and other worthwhile public facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland
hereby commends and salutes and expresses thanks in behalf of the citizens of
Nederland to the president, Alton Hollier, and the members of the Heritage Festival
Committee.
PASSED AND APPROVED during a legally convened meeting of the City Council of the
City of Nederland this the 27 day of March , 1979.
H. E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
R. A. NUGENT
R. A. Nugent, Councilman
ROBERT SAWYER
Robert Sawyer, Councilman
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
E. T. GILLESPIE
E. T. Gillespie, Councilman
T. E. LEE, JR.
T. E. Lee, Jr., Councilman
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
1
1
1
1
1
e;r
Minutes Continued, March 27, 1979
Presentation was made of a plaque to the City Council for the Volunteer Firemen
in honor of the late Mr. R. G. (Dutch) Krietsch; Mr. Wayne Jones, President,
Volunteer Fire Department and others were present.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
follwoing Resolution endorsing an application by Greyhound Bus Lines for
providing bus services from Houston to Dallas along Interstate 45. All Voted Aye.
City of Nederland
A Resolution
THIS RESOLUTION OF THE MAYOR AND BOARD OF COUNCILMEN OF THE CITY
OF NEDERLAND, SETS FORTH THE INTENTIONS OF THIS CITY COUNCIL TO
GO ON RECORD URGING THE RAILROAD COMMISSION OF TEXAS AND THE
INTERSTATE COMMERCE COMMISSION OF THE UNITED STATES TO GRANT THE
APPLICATION OF GREYHOUND LINES, INC., FOR AUTHORITY TO OPERATE A
NON -STOP MOTOR BUS SERVICE ON INTERSTATE HIGHWAY 45 BETWEEN HOUS-
TON, TEXAS, AND DALLAS TEXAS.
WHEREAS, it has been brought to our attention that Greyhound Lines, Inc., has
applied to the Railroad Commission of Texas and the Interstate Commerce Commission
of The United States for authority to operate a non -stop motor bus service over
Interstate Highway 45 between the cities of Houston, Texas and Dallas, Texas.
WHEREAS, The Mayor and City Council of the City of Nederland, believe this pro-
posed service by Greyhound would be to the benefit of our city and serve public
convenience and necessity.
NOW, THEREFORE, BE IT RESOLVED, that this City Council go on record as urging
the Railroad Commission of Texas and the Interstate Commerce Commission of the
United States to grant the application of Greyhound Lines, Inc., to operate a
non -stop motor bus service over Interstate Highway 45 between the cities of
Houston, Texas, and Dallas, Texas, as aforesaid.
BE IT FURTHER RESOLVED, that Mayor H. E. Nagel, Councilmen: Mr. R. A. Nugent,
Mr. E. T. Gillespie, Mr. T. E. Lee, Jr., and Mr. Robert Sawyer or any one or more
of them be and they are hereby authorized to appear at any hearing called by the
Railroad Commission of Texas and the Interstate Commerce Commission of the United
States in connection with this matter, and there to testify on behalf of this
body in support of the applicant, Greyhound Lines, Inc.
SO RESOLVED, this the 27th day of March , 1979.
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
I, Alta Fletcher, duly certify that the foregoing is a true and correct copy of a
resolution duly adopted by the City Council of Nederland, Texas, at a regular
meeting of said Council duly called and held at Nederland, Texas
, on March 27, 1979
DULY certify this 27 day of March
1979.
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued, March 27, 1979
Presentation was made of literature and information about the Citizens for Decent
Literature and Movies by Mr. Homer J. Comeaux. '
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to table action on
approval of attendance and expenses of one police officer to the Citizens for Decent
Literature and Movies Convention to be held May 4 -5, 1979. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize a Proclama-
tion proclaiming the week of April 30th as "Decency Week. ". All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the
installation of additional paved pathway around the perimeter of C. Doornbos Park
by City forces; and to authorize temporary transfer of $15,000.00 of the General
Fund to the Doornbos Park fund to be used during the Phase II development program.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize final approval
of the drainage project along 1st Street and FM 366, Excavators and Constructors, Inc.,
Job No. 378 -47E3, and to approval final payment in the amount of $12,388.96. All
Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve Change Order
No. 3 for the 27th Street paving project, Job No. 377 -85P, removing a portion of a
4 ft. wide sidewalk from the contract with J. C. N. Pavers, Inc., and to authorize
the installation by city forces. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the ,
appraisal of properties to be taken along 27th Street from Avenue "H" to Hwy. 365
as necessary to permit the improvement and widening of 27th Street by Mr. Donnie
Jones and Associates of Port Arthur. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance
and expenses of John Bernard to the White House Conference on Water and Sewer,
Dallas, Texas, March 29 -30, 1979. 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. but no action was taken.
Discussion items were as follows:
1.
"No Parking" signs in the 1100 Block of S -14th Street.
2.
Fence at Tex Ritter Park has been blown over by high winds.
3.
Trip to Houston, 4/25/79, to represent City on behalf of Greyhound Bus Lines.
4.
TML Meeting in Groves Activity Bldg. on April 19, 1979.
5.
Sewer problems at the recreational building.
6.
Trip to Wichita Falls by Mr. Henson & Mr. Bamber on March 29, 1979. (Pak -Mor
Garbage Trucks)
7.
Expensive operation of Sanitary Landfill.
8.
Church of God "Sunrise Service" at Doornbos Park.
9.
Paving project on 10th Street is ready to be submitted.
10.
Several street lights being out in the City. G.S.U.'s trucks out of order.
11.
Continuation of Sales Tax until May 1, 1979.
12.
Increase in deposit by Gulf States Utilities.
,
13.
Senior Citizen Nutrition Center Program.
14.
Overloaded transformers.
15.
Complaint registered against trailor house on Gary Avenue on T. M. Jefferson
property.
1
1
1
The meeting was adjourned at 8:50 P. M.
ATTEST:
Y�L � �r �
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued, March 27, 1979
H. E. Nagel, Wy. r
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
April 10, 1979
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, Jr. was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of March 27, 1979 as written. All Voted Aye.
Returns of the April 7, 1979 General Election were read by Mrs. Luetta W. Powell,
Election Judge. Out of 535 votes cast, 65 were absentee. Respective candidates
received the following number of votes:
NAME OF CANDIDATE OFFICE VOTES
R. D. Sawyer Councilman of Ward One 289
Steven D. Hutton Councilman of Ward One 220
E. T. (Sam) Gillespie, Jr. Councilman of Ward Three 291
Pat A. Riley, Jr. Councilman of Ward Three 238
A motion was made by Mr. Nagel 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 $183.75. All Voted Aye.
The Oath of Office was administered by the City Secretary to the Councilman of '
Ward One, Mr. Robert D. Sawyer; and to the Councilman of Ward Three, Mr. E. T.
(Sam) Gillespie, Jr..
A Public Hearing was conducted and continued on a proposition to increase natural gas rates
within Nederland as filed by Southern Union Gas Company and dated February, 1979.
Speaking were Mr. A. L. Slaughter, representing Southern Union Gas, and Mr.
Gary Greif and Mr. B. Brooks, representing East Texas Legal Services, and the Office
of Economic Opportunity; Beaumont.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to adopt Amendment to
Ordinance No. 164 providing for regular City Council meeting dates in accordance
with Article 3.11 of 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, 1979, THROUGH APRIL 8, 1980.
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 10, 17
August 14, 28
November 13, 27
February 12, 26
'
May 8, 22
September 11, 25
December 11, 18
March 11, 25
June 19, 26
October 9, 23
January 8, 22
April 8
July 10, 24
1
1
I
Minutes Continued, April 10, 1979
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 10th day
of April, 1979.
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
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 attend-
ance and expenses of W. D. Winfrey and Darrell Marchand to Southeast Texas
Regional Short School, Beaumont, Texas, April 24 -26, 1979. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of bills for the month of March, 1979 in the amount of $21,767.25 by General
Fund Checks No. 2024 -2089 and $40,407.21 by Water Fund Checks No. 3462 -3498.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve change orders
and monthly estimates of contractors under Capital Improvement Program as follows:
JOB NO. EST. NO. CONTRACTOR AMOUNT CHANGE ORDER NO.
377 -85P 7 J. C. N. Pavers $ 74,800.00
378 -5P 8 Gatlin Asphalt 42,200.00 1
TOTAL: $117,000.00
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the
following Ordinance No. 317; an Ordinance providing for retaining taxes imposed
by the Local Sales and Use Tax Act (Article 1066c, Vernon's Texas Civil Statutes)
on the sale and distribution of gas and electricity for residential use in the City
All Voted Aye.
ORDINANCE NO. 317
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, RETAINING THE TAXES
IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c, VERNON'S
TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELEC-
TRICITY FOR RESIDENTIAL USE IN SAID CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1:
The City of Nederland, by majority vote of its governing body, hereby votes to
retain the taxes authorized by the Local Sales and Use Tax Act (Article 1066c,
Minutes Continued, April 10, 1979
Vernon's Texas Civil Statutes) on the receipts from the sale, production, distri-
bution, lease, or rental of, and the use, as authorized by consumption of gas and
electricity for residential use, as authorized by Section 6 of House Bill No. 1,
Acts 1978, 65th Legislature, Second Called Session.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the
10th day of April 1979.
APPROVED:
ATTEST:
HOMER E. NAGEL
ALTA PLETCHER Homer 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. Sawyer and seconded by Mr. Gillespie authorizing the
attendance and 50% of expenses of W. E. Sanderson, City Attorney, to advanced Real
Estate Law Course, South Texas College of Law, Houston, April 23 -27, 1979, in the
amount of $250.00. 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
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. Alley entrance to mobile home for driveway purposes; Chicago @ 11th Street.
2. Gulf States Fuel adjustment.
3. Local Police Department's ad on TV.
4. Wire wrapped around pole near windmill leaving rust stain.
5. Reevaluate fence at French Museum.
6. Available funding for sewer problems outside Nederland.
7. Garbage Truck study.
8. Various bids ordered or delivered.
9. Garbage trucks will be working routes on Good Friday.
10. Amendment to Trailer Park Ordinance, Zoning Board of Appeals approval.
11. Ordinance regulating ambulances.
12. TML Meeting in Groves, April 19, 1979.
13. Council meeting April 17, 1979.
14. Southern Union Gas increase preliminary meeting.
The meeting was adjourned at 8:40 P. M.
/ S
ATTEST: $.
E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 17, 1979
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. E. T. Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of April 10, 1979, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to continue the Gas
Rate Hearing after they and other area councils have received their final report
from Touche Ross & Company. 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. Dave Coco and Mr. John
Banks with a budget of $16,620.00, operating from June 4 - July 6, 1979, with
registration on June 4th. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt an Amendment
to Ordinance No. 259 providing for any variance under the ordinance granted by
the Board of Appeals continue as long as the hardship condition exists. All
Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 259
AN AMENDMENT TO ORDINANCE NO. 259 PROVIDING DESIGNATION OF A
TRAILER PARK BOARD OF APPEALS AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION II - PARKING OUTSIDE A TRAILER PARK PROHIBITED
3. Board of Appeals:
(3) Any variance made under the provisions of this Ordinance shall be
granted for the period of time for which the hardship condition exists.
SECTION XIII - PENALTY:
Any person found guilty of violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and subject to a fine not to exceed Two
Hundred ($200.00) Dollars, and each day such violation exists shall constitute
a separate offense and be punishable as such hereunder.
PASSED AND APPROVED by the City Council, this 17th day of April, A. D., 1979.
ATTEST:
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
APPROVED AS TO FORM AND LEGALITY:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
Minutes Continued, April 17, 1979
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award bids for garbage
trucks as received during the meeting of March 13th to Benjamin Feld Associates for
Shu- Pak -body trucks in the amount of $106,682.00 and amend the budget account '
3000 X -4 in the amount of $26,682.00 to provide for necessary funds. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 p.m., May 22, 1979, for one slope mower; relocation
of street signs and posts along Nederland Avenue street project; and for additional
fire hose. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize advertisement
for bids to be received 6:30 p.m., May 8, 1979, for 10th Street paving from
Nederland Avenue to Boston Avenue and for storm sewer and appurtenances along
Atlanta Avenue from 10th Street to 11th Street. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to elect Mr. R. A. Nugent
as Mayor Pro Tem in accordance with Article 3.07 of the City Charter. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the City
Attorney, Mr. W. E. Sanderson, to enter condemnation proceedings for 10 ft. wide
strip along Lots 1, 2, and 3 of Block 1, Hillcrest Addition, to purchase that
right -of -way due to city inability to locate the lien holder of that property,
Mrs. Norine Deery, with the property owners being Mr. William W. Castle, Mr. W. C.
Vandiver, and Mr. Louis Marshall. All Voted Aye.
Discussion items were as follows:
1. Possibility of putting speed bumps on entrance road of Doornbos Park to
'
prevent drag racing.
2. Mrs. Creswell believes stop sign at 15th Street and Detroit is unnecessary.
3. Someone from GSU will explain the fuel adjustment costs on electric bills.
4. New logo for City being suggested by Chamber of Commerce.
5. Sewer line on Detroit needs replacing immediately.
6. Gas study with staff and administrative people.
7. TML dinner in Groves, Thursday, April 19, 1979.
8. STEP Program had advertisement on television for speed control campaign,
Nederland does not belong to this program.
Meeting adjourned 8:10 p.m.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST}} :
��1G.rs✓f�ti7i: �i.'��oa�w -�'i
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
i
�— — — Ab
L�
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
`� S
April 23, 1979
The meeting was called to order at 5:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. Sam
Gillespie. Mr. Tom Lee, Jr. was absent.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize Golden
Triangle Construction Company to do 18th Street at Detroit Avenue sewer job by
force account with rates as follows:
(1) Equipment rental + 10% and 15% profit -
(2) Labor + 18% benefits + 10% overhead and 15% profit -
(3) Materials + 10% overhead.
All Voted Aye.
The meeting was adjourned at 5:35 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
to ✓1�/
Alta Fletcher, City Secretary
City of Nederland, Texas
r
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
May 8, 1979
The meeting was called to order at 6:30 P. M. by Mayor 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 previous meeting of April 17, 1979, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following
Resolution commending seven men for their brave and heroic actions during the
Liberian tanker "Sea Tiger" fire at Sunoco Terminals on April 19, 1979. All Voted
Aye.
A RESOLUTION
Whereas, on the evening of April 19, 1979, the Liberian tanker "Sea Tiger"
caught fire at Sunoco Terminals' ship dock #3, and the brave action of seven men
kept more lives from being lost in the Neches River; and,
WHEREAS, three men, Tommy Wells, Dave Fillingim, and Randy Feldschau pulled
seamen from the river onto a small craft they had boarded as soon as they realized
the dangerous situation the seamen were in; and '
WHEREAS, four men, Tom Bares, Robert Foley, Bill Hartsock, and Nelson
Lavergne were on shore and pulled seamen onto the shore without regard to the
danger of the burning ship; and,
WHEREAS, these men reacted in a brave and heroic manner in the face of a
possibility of another explosion;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland,
Texas, recommend that these seven men be commended for their brave and heroic actions
in this extremely dangerous situation.
PASSED AND APPROVED on the 8th day of May, 1979, 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:
APPROVED AS TO FORM AND LEGALITY:
ALTA FLETCHER
Alta Fletcher, City Secretary W. E. SANDERSON
City of Nederland, Texas W. E. Sanderson, City Attorney '
City of Nederland, Texas
Minutes Continued, May 8, 1979
Sealed bids were received, opened, and read for paving of 10th Street from Boston
Avenue to Nederland Avenue, and storm sewer extensions along Atlanta from 10th
Street to 11th Street. Bidders were as follows: Bella Company, $141,302.00; F.
Gatlin Asphalt, $142,023.00; Trotti and Thomson, $167,280.50; J. C. N. Pavers, Inc.;
$152,216.00; W. R. Boyd, Inc., $157,914.00; Mar -Len, Inc., $145,200.00; and Steele
Construction Co, $152,060.80.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer the bids for
paving of 10th Street from Boston Ave. to Nederland Ave. and storm sewer extensions
along Atlanta from 10th Street to 11th Street to the City Manager and his staff
for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the
following Resolution adopting an agreement dated April 17, 1979, with the Lower
Neches Valley Authority providing for furnishing raw water to the City of Nederland
for a two (2) year period from June 1, 1979, through May 31, 1981. All Voted Aye.
CITY OF NEDERLAND
A RESOLUTION
Adopting an agreement dated April 17, 1979, with the Lower Neches Valley
Authority;
WHEREAS, Lower Neches Valley Authority has presented a contract and agree-
ment providing for furnishing raw water to the City of Nederland under certain
terms and conditions for a two (2) year period from June 1, 1979, through May 31,
1981;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Nederland
during a legally convened meeting thereof this 8th day of May, 1979, accepts and
adopts this attached contract and agreement.
ATTEST: H. E. NAGEL
H. E. Nagel
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. Nagel and seconded by Mr. Gillespie authorizing adver-
tisement for bids to be received 6:30 P. M., June 19, 1979, for a one year mineral
lease of a 4 acre tract described as a 4 acre tract purchased from C. N. Beard,
Sr., February 1, 1952, and located at the entrance to the Sanitary Landfill. All
Voted Aye.
Presentation of the Annual Police Department Report was made by Chief of Police
Billy Neal.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment
of Estimate No. 1 as final to Golden Triangle Constructors for the replacement
of sanitary sewer line in the easements between 17th Street and 19th Street along
Detroit Avenue, in the amount of $10,853.84. All Voted Aye.
Minutes Continued, May 8, 1979
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the following
Resolution and to accept the provisions of the �tafe Department of Highways and
Public Transportation Commission's Minute Order No. 75712 passed April 26, 1979.
concerning the proposed improvement of Nederland Avenue at 14th Street and at 21st
Street. All Voted Aye.
MINUTE ORDER
WHEREAS, in JEFFERSON COUNTY, the City of Nederland has requested assistance
in construction of turning lanes on Nederland Avenue at 14th Street and 21st Street;
and
WHEREAS, Nederland Avenue is included in the Urban System; and
WHEREAS, it is the desire of the State Department of Highways and Public
Transportation to assist the City of Nederland in such work;
NOW, THEREFORE, the Engineer- Director is directed to tender the following
proposal to City of Nederland:
Provided the City will maintain all of the work constructed as part of the project
and agree to regulate traffic and prevent encroachment on the right of way, the State
Department of Highways and Public Transportation will, subject to the availability
of Federal -Aid Urban System funds and the eligibility of the proposed work for financing
with said funds:
1. Prepare construction plans and specifications.
2. Provide for construction of turning lanes at an estimated cost of $95,000
as authorized in the 1979 -1980 Urban System Program.
Upon acceptance of the provisions of this Order by the appropriate officials of
the City of Nederland, the Engineer- Director is directed to enter into any necessary
agreements with the City covering the details of the proposed improvements, to
proceed with the engineering development of the project and with construction in
the most feasible and economical manner.
This Order shall become operative upon acceptance by the City of Nederland and if
not accepted within 90 days of the date hereof, the action herein contained shall
be automatically cancelled.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY
AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER
CITY OF NEDERLAND
May 10, 1979
MOTION was made by Mr. Nagel and seconded by Mr. Nugent that the Nederland City
Council accept the provisions contained in Minute Order No. 75712, passed by the
State Highway and Public Transportation Commission on April 26, 1979, for the
improvement by the State Department of Highways and Public Transportation of
Nederland Avenue at 14th Street and at 21st Street.
VOTE on the motion was as follows:
H. E. NAGEL
Mayor
ROBERT D. SAWYER
Councilman
1
n
L
1
1
1
y
R. A. NUGENT
Councilman
E. T. GILLESPIE, JR.
Councilman
Minutes Continued, May 8, 1979
THOMAS E. LEE, JR.
Councilman
A motion was made by Mr. Sawyer and seconded by Mr. Nugent authorizing
final approval of 20th Street storm sewer project located each direction from
Main "C" Canal and Estimate No. 5 in the amount of $4,000.00 to Liberty
Construction; final approval of South 6th Street paving situated between Avenue "H"
and Main "B" Canal and Estimate No. 6 & Final, in the amount of $20,036.06, and
Change Order No. 5, $9,269.45 to F. Gatlin Asphalt Company; and payment of
estimates as follows:
a. F. Gatlin Asphalt, Job No. 378 -5P, 18th Street, Estimate No. 9,
$38,000.00; and Change Order No. 2, $504.88; and,
b. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No.
8, $58,000.00.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment
of bills for the month of April, 1979. 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 improve-
ments programs; Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on
matters pertaining to purchase of right -of -way and properties. All Voted Aye.
Discussion items were as follows:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Car parked on Helena at 21st Street obstructing view.
Drive to check on unlicensed cars parked on streets.
Patching of 27th Street needed.
Cars stradling easements and parking on sidewalks, prohibiting use by pedes-
trians.
Mr. Chip Burnfin being interested in driveway program.
Speeding cars during evening hours on 21st St. between Nederland Ave. & Helena.
Public Hearing for Southern Union Gas rate increase being May 9, 1979.
Chamber of Commerce Logo.
KCS Park between Boston Ave. and Nederland Ave. contract requested to be
executed.
Landfill permits.
Budget Meetings.
Contributions for halfway house for women to be on Agenda May 22, 1979.
Purchase of refrigerator for City Council conference room.
Police Dept. gas tanks being installed.
IThe meeting was adjourned at 8:45 P. M.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
r
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
May 22, 1979
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. Lee and seconded by Mr. Nugent to approve a Proclamation
proclaiming the week of May 28 through June 2, 1979 as "Western Week ". All Voted
Aye.
Sealed bids were received, opened and read for fire hose and miscellaneous budgeted
items; new 1979 slope mower attachment; and, relocation of signs lighting standards,
etc. along Nederland Avenue at 14th Street and at 21st Street. Bidders were as
follows: Fire Technology, Inc., Arthur Dooley and Sons, Mine Safety Appliance Co.,
Fire Fox Corporation, Industrial Fire Equipment, B. C. Miller Electric Co., State
Sign Corporation, Hubbard Electric, and Oil City Tractors.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to refer the above
described bids to the City Manager and his staff for tabulation and recommendation.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve logo for ,
the City as presented by Mr. Richard Hughes, President, Nederland Chamber of Commerce.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to award contract for
paving of 10th Street, Boston Avenue to Nederland Avenue, and storm sewer extensions
along Atlanta from 10th to 11th Street, as received during the meeting of May 8,
1979 to Bella Company on the basis of their low bid in the amount of $141,302.00.
All Voted Aye.
Presentation was made of a request for operational funds of the Franklin House in
Beaumont by Mrs. Nadine Sherman.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
request for operational funds of the Franklin House and take this item under
advisement and study at a later date. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize participation
on engineering work necessary to obtain permit under rules of State Department of
Health to locate the Mid - County Landfill north of its present location - City of
Nederland participation to be $5,274.00. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
following attendance and expenses as follows:
a. National Fire Protection Assoc. Seminar: May 29, 30, and 31 in Beaumont -
Austin Sattler, Charles Slayton, Walter DeCuir, Morris Meziere and Mike
Lovelady.
b. Plumbing Inspector's Short School: June 18 -21 in Fort Worth - Kenneth
Meaux.
1
1
[1
D .I.
Minutes Continued, May 22, 1979
C. Texas Municipal League Mayor and Councilmen Conference: June 9 - 12 in
San Angelo - Mayor, Councilmen and City Manager.
d. Public Hearing on Solid Waste Disposal: May 24 in Houston - John Bamber.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer authorizing Dr. Espiritu
to extend 2" water line along easement outside city near 27th Street for approxi-
mately 250' providing he follows the rules and regulations set forth under Ordinance
#149 and Ordinance #121. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel authorizing final approval
of 20th Street storm sewer project located each direction from Main "C" Canal: Change
Order No. 1 in the amount of $2,768.00; Final Change Order No. 2 in the amount of
$2,544.48; and, Final Estimate in the amount of $7,012.48 to Liberty Industrial
Construction, Inc.. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertisement
for bids to be received at 6:30 P. M., June 19, 1979, for annual needs; waterworks
supplies, chemicals, sewer pipe, and rear loading garbage containers. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing the Schedule of
Public Hearings and Meetings in regard to General Revenue Sharing requirements as
submitted. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Resolution providing for an existing encroachment upon right -of -way of Chicago
Avenue at the former A. J. Davis residence, 324 13th Street. All Voted Aye.
RESOLUTION
WHEREAS, First Savings and Loan Association of Port Neches, Texas has called
attention to an encroachment on the 4.2' easement on the property known as 324 13th
Street and legally described as Lot 1 & � Lot 2 Block 12 to the Town of Nederland,
Texas; and,
WHEREAS, First Savings and Loan Association has requested a written waiver
confirming that the City of Nederland will not require the encroachments to be
moved or altered, and also, that the City of Nederland has no objection to said
encroachments; and,
WHEREAS, the City of Nederland has no objection to said encroachments until such
time as use of the entire right -of -way is required by the City.
NOW, THEREFORE, BE IT RESOLVED 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 May 18, 1979 until
such time as use of the entire right -of -way is required by the City.
PASSED AND APPROVED by the City Council of the City of Nederland during a legally
convened meeting thereof this 22nd day of May, 1979.
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
HOMER E. NAGEL,
Homer E. Nagel, Mayor
City of Nederland, Texas
Minutes Continued, May 22, 1979
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Request made by Mr. Bob Roberts to place trailer house on property.
2. Slow pitch softball diamond.
3. Repairs needed between Ave. D and Ave. E on S -27th Street.
4. Tree limb hanging in street at 15th and Detroit.
5. ROW funds encumbered.
6. GSU dinner May 24, at Service Center.
7. Complaint from Mr. Jim Newberry on garbage container at back of City Hall.
8. Assignment of Kenneth Meaux to Nutrition Center.
9. John Bernard - member of "208 Water Quality Citizens Advisory Committee ".
10. Use of old Council Room by Alcoholics Anonymous on Tuesday nights.
The meeting was adjourned at 9:15 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. age , N}ayor
City of Nederland, Texas
1
'1
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 19, 1979
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. Lee and seconded by Mr. Sawyer to approve the Minutes of the
previous meeting of May 22, 1979 as written. All Voted Aye.
Sealed bids were received, opened, and read for annual supplies including Water Works
Supplies, Chemicals, Sewer Pipe, and Rear Loading Garbage Containers. Bidders were
as follows: (1) Waterworks - Utility Supply of Houston, Western Pipe & Supply,
Municipal Pipe, Eagle Pipe & Supply, Rohan Co., Southwest Meter & Supply, Rockwell of
Houston, East Texas Service Corp., Rockwell Int., and Golden Triangle Pipe & Supply;
(2) Chemicals- Thompson Hayward, AmeriGas, McKesson Chemical, Stauffer Chemical, J. W.
Jones, Inc., and American Cyanamid; (3) Sewer Pipe -Can Tex Industries, and Golden
Triangle Pipe & Supply; (4) Garbage Container - Ambassador Equipment Co., Maxi -Pak
Container Co., Duncan Equipment, Inc., and War -Pak, Inc.
A motion was made by Mr. Nagel 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. Nugent and seconded by Mr. Gillespie to table action on bids
for lease of one -half mineral interest in the 4.0 acre tract located at the entrance
to the Sanitary Landfill as recorded in Volume 849 Page 264 of the Deed Records of
Jefferson County. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award bids as
follows:
I. One (1) slope mower from Oil City Tractors for $10,732.00 less
trade -in $1,500.00, netted price of $9,232.00;
II. Fire Equipment - a. fire hose, Fire Technology, $1,296.00;
b. pocket pagers, Fire Fox, $795.00;
c. MSA air bottles, Mine Safety, $648.00; and
d. MSA air packs, Mine Safety, $1,141.56.
III. Sign and other items to be relocated along Nederland Avenue widening at
14th and 21st Street; B. C. Miller, $10,148.00.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize use of the
old City Hall, 908 Boston, for an indeterminate period for Mid County Group of
Alcoholics Anonymous in accordance with letter from Mr. Earl Browning, Secretary,
as follows:
The City of Nederland
Mayor Homer Nagel and Councilmen
1400 Boston
Nederland, Texas 77627
June 18, 1979
Mid County Group
of Alcoholics Anonymous
Wesley United Methodist
3315 Helena Street
Nederland, Texas 77627
Minutes Continued, June 19, 1979
Dear Sirs:
The Mid County Group of Alcoholics Anonymous is interested in using the old
City Hall building at 908 Boston. We are presently meeting at Wesley United Metho-
dist Church, but find that the church has many functions and meetings that often
conflict with ours. The group has already toured the building and find it ideal for
our purposes.
We are interested in using the building on Tuesday and Friday nights at 8:00
and on Sunday afternoons. If granted use of the facility we intend to fix and carpet
the floors and paint the rooms we will be occupying. These rooms will include the old
Council Chambers and Room -10. The group will also handle the utilities and compensate
the city $10.00 per month.
The group will accept the facility for an indefinite period of time, but would
like at least 30 days notice, if the city decides to terminate the agreement. We in
turn, will give at least 30 days notice, if we plan to leave.
Our group will make every effort not to interfere with those that are presently
using the building. We thank you for your time and cooperation.
MPD /jkb
cc. Mr. Bob Henson, City Manager
Accepted by the City of Nederland;
All Voted Aye.
Sincerely,
Earl Browning
Secretary
H. E. NAGEL
H. E. Nagel
Mayor
A motion was made by Mr. Nugent and seconded by Mr. Sawyer authorizing employment of
Mike Delgado as Administrative Assistant at a salary of $1,250.00 per month, effective
June 7, 1979. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve attendance and
expenses as follows:
1. 50th Annual Texas Firemen's Training School, Texas A & M University, College
Station, Fire Chief A. W. Sattler, Firemen James Manuel and Billy Fletcher, and
Volunteers Gordy Glenn and Terry Sonnier, July 22 -27, 1979; and,
2. Police Chief Billy Neal, East Texas Peace Officers Association, Tyler, June
23 -25, 1979.
1
1
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 10, 1979, for a Capital Improvement Program project
(storm sewer and drainage structures) along Detroit Avenue from 9th Street to 11th Street to
Boston Avenue.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following payments:
a. Emergency sewer line cave -in repairs on 34th Street at Canal, Golden '
Triangle Constructors, Inc., $5,615.79;
b. Swimming Pool at C. Doornbos Park, Coastal Pools, Inc., Estimate No. 1,
$10,503.00;
Minutes Continued, June 19, 1979
C. F. Gatlin Asphalt Co., Job No. 378 -5P, 18th Street, Estimate No. 10,
$31,000.00; Change Order No. 3, $156.68; and,
' d. J. C. N. Pavers, Job No. 377 -85P, 27th Street, Estimate No. 9, $63,000.00;
Change Order No. 4, $1,868.13.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to veto increasing the
payment for cover material at Sanitary Landfill to Meco Construction from $2.59
per yard to $2.99 per yard effective July 11, 1979, and to authorize advertisement
for bids for cover material to be received July 10, 1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize black topping
that portion of driveway or parking lots as located within city right -of -way in
accordance with the following policy until September 30, 1979:
POLICY FOR
BLACKTOPPING DRIVEWAYS /PARKING LOTS
LOCATED WITHIN CITY RIGHT -OF -WAY ADOPTED
The Nederland City Council has approved City participation in blacktopping of
that part of existing driveways and parking lots as is located upon public street
right -of -ways. The estimate for citizen participation (surface materials) is based
on the linear foot of frontage, or width of driveway. For those of less than 15'
deep a charge of $5.75 per front foot is assessed; for those of more than 15'
deep a charge of $7.75 per front foot (or width) is assessed.
This 1" minimum thickness asphaltic surface is placed upon the existing base
and is maintained by the City for one year from date of completion. Applications
and further information is available in the office of John Bamber, Director of
Public Works. The policy expires September 30, 1979.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing final
acceptance of Allan Meadow Section Three Addition including streets, drainage, and
utilities and street lights. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve setting July 10,
1979 as the date for final action on a rate increase request by Southern Union Gas
Company and being studied by Touche -Ross & Company. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of bills for the month of May, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on an
Executive Session held 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. All Voted Aye.
Discussion items were as follows:
1. Mr. Mac Ryder questioning replacement of fence at Tex Ritter Park.
2. Mr. Croppo LeBlanc inquiring about grass cutting along sidewalks.
3. Street sign on 11th Street at Franklin facing the wrong direction.
4. Texas Municipal League meeting.
5. Public Hearing on Revenue Sharing.
Minutes Continued, June 20, 1979
6. Chamber of Commerce dinner to be held June 21, 1979.
7. Discussion with Texas Highway Dept. concerning traffic signals on Nederland Ave.
8. Meeting with School Officials. '
9. Tax Board members.
10. Recent law suit having been settled.
11. Documents to close alley not yet signed.
12. Community Development Block Grants.
13. Policy on the investment of idle funds.
14. Storm sewer located on 27th Street (Mr. Bill Vittum).
15. Agreements with Sun Oil and with Jefferson County Airport.
16. Appointment of City Officials (Civil Defense and Assistant) to be at next City
Council meeting.
The meeting was adjourned at 9:00 P. M.
zpv
H. E. Nagel, Ma or
City of Nederland, Texas
ATTEST:
Az &2209&tz
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
1
I
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 26, 1979
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. T. E. Lee, Jr.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of June 19, 1979 as written. All Voted Aye.
A Public Hearing was conducted for the purpose of obtaining written and oral
comment from the public on the proposed usage of revenue sharing funds in the
upcoming budget for Fiscal Year 1979 -1980 in accordance with rules of the Federal
Office of Revenue Sharing. The City Manager said that the amount of unappropriated
revenue sharing funds in the local trust fund was a zero amount and that the
amount of revenue sharing funds expected to be received during the upcoming fiscal
year is $138,192.00 and budgeted as follows:
REVENUE SHARING
BUDGET FOR FISCAL YEAR
OCTOBER 1, 1979 - SEPTEMBER 30, 1980
No questions or comments were received from the audience.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we approve use of
Revenue Sharing Funds as outlined. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve contract
with Jefferson County for potable water and for furnishing wastewater trans-
portation and treatment services in accordance with the agreement
and plans for services to Jefferson County Airport. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
written contract with Sunoco for providing transportation and treatment
service of wastewater for the Sunoco Terminal. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award the bids
for annual supplies as follows: (1) Annual water works supplies - Utility Supply
Company, $8,842.00; and Water Meters, Rohan Company, $8,880.00; (2) Chemicals -
liquid chlorine, Jones Chemical, $197.40 per ton; liquid alum, Stauffer Chemical,
$99.70 per ton; liquid caustic, Jones Chemical, $187.77 per ton; hydrofluorosilic
Actual
Budget
Budget
1977 -1978
1978 -1979
1979 -1980
Revenue
$116,691.00
$131,194.00
$138,192.00
Expenses
$115,077.88
$131,194.00
$138,192.00
*Street Lights
$ 39,000.00
Electricity Sewer Plant
48,000.00
Electricity Water Plant
20,000.00
Electricity Buildings
31,192.00
Operating
$138,192.00
No questions or comments were received from the audience.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we approve use of
Revenue Sharing Funds as outlined. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve contract
with Jefferson County for potable water and for furnishing wastewater trans-
portation and treatment services in accordance with the agreement
and plans for services to Jefferson County Airport. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
written contract with Sunoco for providing transportation and treatment
service of wastewater for the Sunoco Terminal. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award the bids
for annual supplies as follows: (1) Annual water works supplies - Utility Supply
Company, $8,842.00; and Water Meters, Rohan Company, $8,880.00; (2) Chemicals -
liquid chlorine, Jones Chemical, $197.40 per ton; liquid alum, Stauffer Chemical,
$99.70 per ton; liquid caustic, Jones Chemical, $187.77 per ton; hydrofluorosilic
Minutes Continued, June 26, 1979
acid, Thompson Hayward, $10.50 per weight; (3) Sewer Pipe, Can-Tex, $2,227.50; and
(4) 40 garbage containers, Ambassador Equipment Company, $15,220.00. All Voted Aye
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on
bid for lease of one -half mineral interest in the 4.0 acre tract located at the
entrance to the Sanitary Landfill as recorded in Volume 849 Page 264 of the Deed
Records of Jefferson County. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve plans and
advertisement for bids to be received 6:30 P. M., July 24, 1979, for the 10"
diameter trunk water line along 22nd Street and 23rd Street with connections at
intervals from Canal Street to Avenue "H ". All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment
to Donnie M. Jones and Associates in the amount of $1,750.00 for appraisal services
of rights -of -way along 27th Street from Avenue "H" to Hwy. 375 and approve
acquisition of the five (5) properties in accordance with such appraisals. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve appoint-
ment of City officials in accordance with the City Charter from July 1, 1979,
through June 30, 1980, as follows: Mrs. Alta Fletcher, City Sec /TaxA -C J. B. Mc-
Kinney, City Treasurer; Billy Neal, Police Chief; Austin Sattler, Fire Chief; Melvin
Franks, City Judge; and W. E. Sanderson, City Attorney; and appointment of Civil
Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill,
Director and Billy Neal, Assistant Director. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action amending
Ordinance No. 107 amending the minimum fines for traffic violations within the
City of Nederland. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the ex-
tension of hospitalization insurance services by Hartford Insurance Company from
June 30, 1979 until September 30, 1979, and approve payment of $7.74 per month for
female employee and /or dependent spouse pregnancy coverage for same period. All
Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept easement
from B. C. and Lucille Miller for water and sewer facilities for Dr. Espiritu out-
side the City near Canal Street and 27th Street. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
to Daniel's Construction Company for C. Doornbos Park improvements, Estimate No. 1,
in the amount of $90,546.30. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to table an Executive
Session 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. All Voted Aye.
Discussion times were as follows:
1. Membership to National League of Cities.
2. Curb cleaning and street sweeping in parks.
3. Water in drainage ditch on Avenue H.
4. Garbage bags to be delivered July 16, 1979.
5. Arrival of new garbage truck over weekend.
r fib _dh
1
1
n
J
1
1
Minutes Continued, June 26, 1979
6. Need of right -of -way along Highway 365.
7. Meeting with School Board.
8. Fiscal Budget.
9. Patching along 27th Street.
10. Energy Saving Policy.
11. Closing of alley between 14th Street, 15th Street, Chicago & Detroit.
The meeting was adjourned at 9:00 P. M.
ATTEST:
4&� 121�1�
Alta Fletcher, City Secretary
City of Nederland, Texas
A. AM AM r
�54 i' _ ^
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
July 10, 1979
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. E. T. Gillespie, Jr..
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes
of the previous meeting of June 26, 1979 as written. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to table the opening of bids for
storm sewer and appurtenances along Detroit Avenue from 9th Street to 11th Street and
authorize advertisement for bids to be received 6:30 P. M., August 14, 1979. All
Voted Aye.
Sealed bids were received, opened, and read for cover material for Sanitary Landfill.
Bidders were Jepco Construction Co., Maco Construction Corp., B & B Sand Pit, and
Guthrie Dirt Pit.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award the bid for
cover material at the Sanitary Landfill to Guthrie Dirt Pit on the basis of their
low bid of $2.90 per cubic yard with the condition that they deliver the material
as specified. '
A Public Hearing was conducted in accordance with State Law and Article 14 of the
City Charter on a proposal to amend natural gas rates as presented by Southern Union
Gas Company in February, 1979, a continuation of the Public Hearing commenced during
the meeting of April 10, 1979, and the following exhibits were admitted for record:
1. Notice of Public Hearing and certification of publication.
2. Petition to intervene by East Texas Legal Services.
3. Mayor Nagel's answer to intervenor, E. T. L. S., dated March 30, 1979.
4. Public Hearing Notice, Minutes, and tape of Mid County Municipal League
Public Hearing conducted May 9, 1979.
5. Documents pertaining to engagement of Touche Ross and Company by the City
of Nederland, other district cities, Southern Union Gas Company, and Touche
Ross billing dated June 15, 1979; and engagement of Touche Ross and Company
by City of Groves and Southern Union Gas at $1,860.00 expenses.
6. List of documents and data required dated March 14, 1979, and recommendation
of Touche Ross and Company dated May 7, 1979, that a revenue increase of
$161,001.00 be granted.
7. Response of Southern Union Gas Company dated May 21, 1979, to the May 7, 1979
Touche Ross report.
8. Additional supporting documentation submitted by Touche Ross officials as
presented in Groves, June 26, 1979.
9. East Texas Legal Services analysis and recommendation dated July 2nd, and
June 28th, and transmitted to the City Secretary July 2nd.
10. Copies of Nederland's Home Rule Charter as last amended on April 4, 1972. '
11. Touche Ross' recommendation June 29, 1979, to City of Groves regarding the
return on common equity.
Minutes Continued, July 10, 1979
12. Touche Ross and Company recommendation of June 29, 1979, of rate schedules
71, 73, 74, and 76 supplies by Southern Union Gas Company which would
produce their recommended revenue requirements of $161,000.00.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent that we suspend the
proposed rate increase by Southern Union Gas Company of its rates for gas utility
service in the City of Nederland for an additional thirty (30) days from July 10,
1979. (At this time, an Executive Session was held in accordance with Article
6252 -17 of the Vernon Statutes on possible litigation propositions.) Mr. Nugent,
Mr. Sawyer, Mr. Lee, and Mr. Nagel Voted Nay. Mr. Gillespie Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer that we adopt the following
Ordinance #318, an ordinance fixing and regulating the maximum rates to be charged
customers for natural gas service in the City of Nederland and repealing conflicting
ordinances; and to authorize acceptance of the following rate schedules. Mr. Nugent,
Mr. Nagel, Mr. Lee, and Mr. Sawyer Voted Aye. Mr. Gillespie Voted Nay.
ORDINANCE NO. 318
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 dated February, 1979, 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 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 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 customers, to wit:
RATE SCHEDULE 71 - GENERAL SERVICE RATE (Attached hereto)
RATE SCHEDULE 73 - OPTIONAL AIR CONDITIONING RATE (Attached hereto)
RATE SCHEDULE 74 - LARGE VOLUME SERVICE RATES (Attached hereto)
RATE SCHEDULE 76 - SPECIAL CONTRACT SCHOOL RATE (Attached hereto)
Section 2. All Ordinances or parts of Ordinances and amendments which are in
conflict herewith are to the extent of such conflicts only expressly repealed.
Section 3. The rates provided herein are authorized as maximum rates and may
be applied as to deliveries and sales of natural gas for use during all the monthly
billing periods of the supplier commencing after the effective date of this Ordinance.
Section 4. The meters of customers shall be read regularly at intervals of
approximately one (1) month, and the term "month" means a period of approximately
thirty (30) days intervening between two consecutive meter reading dates; provided,
if service is 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.
� Ah Ah r da
Minutes Continued, July 10, 1979
Section 5. 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 State of Texas to regulate the rates charged by the Company, its
successors or assigns, for service within the City of Nederland.
Section 6. This being an Ordinance not requiring a penalty, it shall take effect
from and after its passage.
READ, ADOPTED, AND APPROVED this 10th day of July, A. D., 1979, at a Regular
Meeting of the Council of the City of Nederland, Texas, by the following vote:
Mayor Aye Councilmen: Mr. Nugent Aye Mr. Lee Aye Mr. Sawyer Aye
Mr. Gillespie Na_
ATTEST:
Mayor
APPROVED AS TO FORM:
City Secretary
City Attorney
Southern Union Gas Company
Rate Schedule #71
GENERAL SERVICE RATE
APPLICABILITY '
Applicable to domestic, commercial and industrial consumers for all purposes
and to all other consumers do not otherwise specifically provided for.
TERRITORY
Port Arthur, Griffing Park, Groves, Nederland and Port Neches, Texas and environs
of each.
RATES
The following rates apply to gas through one meter:
Minimum Bill: $2.250 Net or $2.363 Gross per monthly billing period.
Prompt Payment Provision: Bills are due when rendered and are payable at the '
office provided by the Company. If paid within fifteen (15) calendar days after
the date of billing, the net rate shall apply; otherwise, the gross rate shall -
apply.
Per
Mcf
Net
Gross
First
1 Mcf per monthly billing period
@
$4.002
$4.202
Next
3 "
@
3.164
3.322 Per Mcf
Next
21
@
3.109
3.264 11 "
Next
25 "
@
2.969
3.117
All Over
50
@
2.662
2.795 "
Minimum Bill: $2.250 Net or $2.363 Gross per monthly billing period.
Prompt Payment Provision: Bills are due when rendered and are payable at the '
office provided by the Company. If paid within fifteen (15) calendar days after
the date of billing, the net rate shall apply; otherwise, the gross rate shall -
apply.
Minutes Continued, July 10, 1979
Cost of Gas Adjustment: Each step of each applicable rate schedule shall be
increased or decreased by the anticipated cost of gas to the Company for the suc-
ceeding 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 such gas. 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 (1) the difference for the preceding month
between the amount which would have been paid at the Base Cost for gas purchased to
serve customers, and the amount actually paid (including any applicable transportation
charges) for such gas, and (2) the actual collections of such increased cost
received from the customers adjusted for applicable taxes.
nnMnTmrnric
1. Subject to Company's rules and regulations.
Southern Union Gas Company
OPTIONAL AIR CONDITIONING RATE Rate Schedule 73
an1DT. TranTT Tmv
Applicable to any church, residential consumer whose residence, or commercial
consumer whose place of business utilizes gas- operated refrigerated air conditioning
equipment.
TERRITORY
' Port Arthur, Griffing Park, Groves, Nederland and Port Neches, Texas and environs
of each.
RATES
The following rates apply to gas through one meter at one location per monthly
billing period ending:
Minimum Bill: $2.250 Net or $2.363 Gross per monthly billing period.
Prompt Payment Provision: Bills are due when rendered and are payable at the
office provided by the Company. If paid within fifteen (15) calendar days after
the date of billing, the net rate shall apply; otherwise, the gross rate shall apply.
Cost of Gas Adjustment: Each step of each applicable rate schedule shall be
increased or decreased by the anticipated cost of gas to the Company for the succeed-
ing 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 such gas. The Company shall maintain a Correcting
Account to assure that over a period of time there are no over or under collections
- A - r.
November
Through April
May Through
October
Net
Gross
Net
Gross
First
1
Mcf $4.002
$4.202
$4.002
$4.202
Next
3
3.164 Per
Mcf 3.322 Per Mcf
3.164 Per Mcf
3.322 Per Mcf
Next
21
3.109 "
3.264
2.630 "
2.762 " "
Next
25
2.969 "
3.117
2.630 "
2.762 " "
All Over
50
2.662 "
2.795 "
2.630 "
2.762 " "
Minimum Bill: $2.250 Net or $2.363 Gross per monthly billing period.
Prompt Payment Provision: Bills are due when rendered and are payable at the
office provided by the Company. If paid within fifteen (15) calendar days after
the date of billing, the net rate shall apply; otherwise, the gross rate shall apply.
Cost of Gas Adjustment: Each step of each applicable rate schedule shall be
increased or decreased by the anticipated cost of gas to the Company for the succeed-
ing 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 such gas. The Company shall maintain a Correcting
Account to assure that over a period of time there are no over or under collections
- A - r.
Minutes Continued, July 10, 1979
as a result of the operation of this clause. Entries shall be made in the Correcting
Account each month for (1) the difference for the preceding month between the amount
which would have been paid at the Base Cost for gas purchased to serve customers, and
the amount actually paid (including any applicable transportation charges) for such
gas, and (2) the actual collections of such increased cost received from the customers
adjusted for applicable taxes.
Tax Reimbursement: The Company is entitled to reimbursement from customer for the
amount, prorated if necessary of any increase in taxes or similar governmental
charges (other than ad valorem and Federal income and profits taxes) imposed on
account of the Company's local activities or business, borne by it directly or
indirectly or indirectly over and above the aggregate of such taxes and charges
being borne by it as of January 1, 1972, including without limitation those re-
quired to be absorbed by it under its gas supply arrangements.
CONDITIONS
1. Subject to the Company's rules and regulations.
2. In the case of large consumers using gas - operated summer air - conditioning
equipment, this rate may be elected for the full summer period and such election shall
remain in effect for each succeeding full year period until changed by notice to the
Company prior to May 1 of any year; deliveries or gas to commercial or industrial
consumers may be interrupted or curtailed in case of shortage or threatened shortage
of gas supply from any cause whatsoever, to conserve gas for the residential and other
gas consumers.
3. The Company may require that gas for air - conditioning be separately metered
and billes if it considers this necessary to prevent abuse or inequity in the appli-
cation of this rate in the case of business consumers or other larger consumers.
Southern Union Gas Company
Rate Schedule #74
LARGE VOLUME SERVICE RATES
hDDT_Tt AMTT. TTV
Applicable to large volume non - residential gas consumers who have taken or will
take and pay for gas service under this large volume rate for not less than twelve
consecutive months.
TERRITORY
Areas served in Jefferson County, Texas including Port Arthur, Port Neches,
Nederland, Groves, Griffing Park, and environs of each.
RATES
The following rates apply to gas through one meter:
All gas @ $2.571 per Mcf
Minimum Bill: $240.00 per monthly billing period.
Fuel Adjustment: The foregoing rates are predicated upon a base cost of ,177.39 ,
per Mcf at 14.65 psia for gas purchased by the Company for distribution to its
large volume customers as in effect on March 1, 1977. Whenever the cost of
purchased gas is more or less than such base cost the foregoing rates shall be
Minutes Continued, July 10, 1979
increased or decreased, as the case may be, with appropriate correction for differ-
ences in pressure base by (a) the amount of the difference between the average cost
per thousand cubic feet to the Company of gas purchased under such wholesale rate
schedule, as changed, and the average cost to the Company of gas purchased under
such wholesale rate schedule as in effect on March 1, 1977, plus (b) the applicable
proportionate part of any change which occurs, as a result of such increase or
decrease of the rates stated above, in any taxes or any other governmental imposi-
tions or charges levied on the basis of the price of or the Company's gross revenues
from the gas service rendered.
Tax Reimbursement: The Company is entitled to reimbursement from customer for the
amount, prorated if necessary, of any increase in taxes or similar governmental
charges (other than ad valorem and Federal income and profits taxes) imposed on
account of the Company's local activities or business, borne by it directly or in-
directly over and above the aggregate of such taxes and charges being borne by it
as of January 1, 1972, including without limitation those required to be absorbed
by it under its gas supply arrangements.
CONDITIONS
1. Subject to the Company's rules and regulations and existence of contract.
2. Delivery of gas hereunder may be interrupted or curtailed in the discretion
of the Company, in case of shortage or threatened shortage of gas supply from any
cause whatsoever, to conserve gas for residential and other gas consumers.
Southern Union Gas Company
Rate Schedule #76
SPECIAL CONTRACT SCHOOL RATE
APPLICABILITY
Applicable to gas used in public and parochial schools.
TERRITORY
Areas served in Jefferson County, Texas, including Port Arthur, Port Neches,
Nederland, Groves, Griffing Park, and environs of each.
RATES
The following rates apply to gas through one meter:
All Gas @ $2.639 per Mcf net.
Fuel Adjustment: The foregoing rates are predicted upon a base cost of $177.394
per Mcf at 14.65 psia for gas purchased by the Company for distribution to its
large volume customers as in effect on March 1, 1977. Whenever the cost of
purchased gas is more or less than such base cost the foregoing rates shall be
increased or decreased, as the case may be, with appropriate correction for
differences in pressure base by (a) the amount of the difference between the
average cost per thousand cubic feet to the Company of gas purchased under such
wholesale rate schedule, as changed, and the average cost to the Company of gas
purchased under such wholesale rate schedule as in effect on March 1, 1977, plus
(b) the applicable proportionate part of any change which occurs, as a result of
such increase or decrease of the rates stated above, in any taxes or any other
governmental impositions or charges levied on the basis of the price of or the
Company's gross revenues from the gas service rendered.
a Ah
Minutes Continued, July 10, 1979
Tax Reimbursement: The Company is entitled to reimbursement from customer for
the amount, prorated if necessary, of any increase in taxes or similar govern-
mental charges (other than ad valorem and Federal income and profits taxes)
imposed on account of the Company's local activities or business, borne by it
directly or indirectly over and above the aggregate of such taxes and charges
being borne by it as of January 1, 1972, including without limitation those
required to be absorbed by it under its gas supply arrangements.
CONDITIONS
1. Subject to the Company's rules and regulations and existence of contract.
2. Delivery of gas hereunder may be interrupted or curtailed in the discretion
of the Company, in case of shortage or threatened shortage of gas supply from any
cause whatsoever, to conserve gas for residential and other gas consumers.
Presentation was made of a Rate Filing Package by Gulf States Utilities Company
dated July 2, 1979 by Mr. Ed Hutchins and the following items were admitted for
record:
1. Gulf States Utilities Company's Petition for Authority to Change Rates;
2. Gulf States Utilities Company's Statement of Intent;
3. Gulf States Utilities Company's Rate Filing Package and all applicable
schedules contained therein;
4. Gulf States Utilities Company's supporting data, prepared testimony exhibits:
5. Gulf States Utilities Company's proposed tariff; and
6. An opinion of an independent public accountant showing that an independent
examination of the book amounts and accounting adjustment of the Company has ,
been made and the results thereof for the test year.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie that we acknowledge re-
ceipt of the Gulf States Utilites Rate Increase Request and authorize the City
Attorney to intervene with the other cities before the Public Utilities Commission
on behalf of the City of Nederland and to authorize the City Manager and the City
Attorney to meet with the other cities in the Texas Gulf States area in selecting
a consultant that is agreeable to all. All Voted Aye.
Presentation was made of a "Statement of Intent to Change Telephone Rates" by
Southwestern Bell Telephone Company.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie that we acknowledge
receipt of "Statement of Intent to Change Telephone Rates" from Southwestern Bell
Telephone Company and to authorize the City Attorney to intervene with the Texas
Municipal League before the Public Utilities Commission on behalf of the City of
Nederland; to authorize the City Secretary to attend Texas Municipal League meeting
in Austin on July 13, 1979 as a representative of the City of Nederland; and to
authorize Texas Municipal League to file an intervention motion in behalf of the
City. All Voted Aye.
A presentation was made of the 1979 -1980 Fiscal Budget for the City of Nederland.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to adopt the following
Resolution providing for Public Hearing to be held 6:30 P. M., August 14, 1979, for I
adoption of the 1979 -1980 Fiscal Budget. All Voted Aye.
t./ J
Minutes Continued, July 10, 1979
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, 1979, AND ENDING SEPTEMBER 30, 1980.
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, 1979, and ending September 30, 1980,
and;
WHEREAS, such proposed and estimated budget, after due hearing and consideration,
should be approved in its proposed, or amended form;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
That the budget as prepared and submitted by the City Manager for the total
expenditures in each of the various department of the City of Nederland for the
Fiscal Year beginning October 1, 1979, and ending September 30, 1980, is hereby
accepted and a Public Hearing is hereby set for 6:30 P. M., August 14, 1979, 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 10th day
of July, A. D., 1979.
IATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Nagel to adopt the following
Amendment to Ordinance No. 107 providing for minimum traffic fines. All Voted Aye.
AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC
UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES
AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND
REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT
WITH THIS AMENDMENT.
WHEREAS, the City Council of the City of Nederland is of the opinion that a definite
policy should be established pertaining to traffic regulation including traffic 'fines;
NOW THEREFORE, be it ordained by the City Council of the City of Nederland, Texas:
ARTICLE XVI.
Section 122. PENALTIES. It is a misdemeanor for any person to violate any of the
provisions of this ordinance unless another penalty is expressly provided by law.
Every person convicted of a misdemeanor for violation of any of the provisions of
this ordinance, for which another penalty is not provided, shall be punished by a
Ak —
Minutes Continues, July 10, 1979
fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00).
More expressly, minimum fines for the following specific
violations shall be:
Run Red Light
$21.50
'
Run Stop Sign
$21.50
No Operators License
$21.50
No U Turn
$21.50
Failure to Grant Right of Way
$21.50
Improper Start
$28.50
Passing Wrong Side
$21.50
Driving Left Side of Street
$21.50
Failure to Control Speed
$21.50
Parked in "No Parking Zone"
$ 5.00
Contest for Speed
$38.50
Excessive Noise With Motor Vehicle
$21.50
$1.00 per mile thereafter. Of these
amounts, $3.50 is payable to the State
of Texas.
Section 3. REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas,
which conflict with any of
the provisions of this amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 10th
day of July, 1979, A. D.
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
Presentation was made of a report on Summer Recreation Program
by Co- Directors Dave
Coco and Jon Banks.
Councilman Sawyer left the meeting at this time; 9:05 P. M.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
Resolution adopting the Energy Conservation Program as recommended by President Carter.
All Voted Aye.
A RESOLUTION ADOPTING AN ENERGY
CONSERVATION PROGRAM
WHEREAS, in order to help conserve the Nation's critical shortage of petroleum
products by making every effort to conserve all forms of energy; and,
WHEREAS, the City desires to cooperate with the State and Federal agencies in '
conserving energy; and,
WHEREAS, the City Manager and City Council recognize a need for an energy pro-
gram; and,
1
1
�J
Minutes Continued, July 10, 1979
WHEREAS, the City Council has determined that the City's Program for Energy
Conservation should be adopted formally by resolution; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
THAT the City Council hereby adopts the Energy Conservation Program as set out on
the attachment, marked Exhibit "A ", and such exhibit is made a part hereof; and,
THAT all City Departments and Employees will implement this program as directed
by the City Council; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED, AND APPROVED this 10th Day of July, A. D., 1979, at a Regular
Meeting of the City Council of the City of Nederland, Texas, by the following vote:
AYES: Mayor: H. E. Nagel, Councilmen: R. D. Sawyer, T. E. Lee, Jr., R. A. Nugent
and E. T. Gillespie NOES: None
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
APPROVED AS TO FORM:
W. E. SANDERSON
W. E. Sanderson, City Attorney
HOMER E. NAGEL
Homer E. Nagel, Mayor
APPROVED FOR ADMINISTRATION:
D. B. HENSON
D. B. Henson, City Manager
A motion was made by Mr. Nagel and seconded by Mr. Nugent to reject the bids received
6:30 P. M., June 19, 1979, for lease of one -half mineral interest in 4.0 acre tract
located at the entrance to Sanitary Landfill. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize proposition
to Nederland Independent School District for consideration of a certain mutual
proposition in accordance with the request of Spencer Viola, Chamber of Commerce
Education Committee Chairman. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize attendance
and expenses of James Byers, Building Official, to Municipal Inspectors Training
School, Texas A & M, College Station, August 5 -10, 1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing attendance,
not including expenses, of Librarian Barbara Newberry during four Friday evenings
from September - December, while attending a 3 -hour course at Sam Houston State
University in Advanced Library Reference. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing advertisement for
bids to be received 6:30 P. M., August 14, 1979, to cut and clean a list of lots and
tracts in accordance with Ordinance No. 78 as recommended by the Fire Marshal. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the following
payments to contractors of the Capital Improvement Program. All Voted Aye.
a. J.C.N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No. 10,
$22,000.00; and,
Minutes Continued, July 10, 1979
b. F. Gatlin Asphalt Co., Job No. 378 -5P, 18th Street, Estimate No. 11,
$17,000.00. ,
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of bills for the month of June, 1979. 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
necessary for implementation for City of Nederland improvements programs, Article
6252 -17, V.A.T.S. All Voted Aye.
Mayor Homer E. Nagel left the Council table while the following Ordinance No. 319
was being reviewed and adopted because of his personal connection.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
Ordinance No. 319 providing for discontinuing, closing, and abandoning of an alley
located in Block 1, Nederland Townsite Addition in accordance with policy of
November, 1978. All Voted Aye.
ORDINANCE NO. 319
AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF AN ALLEY IN THE CITY
OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, W. M.
INGWERSEN, JOHN I. BAMBER,
HOMER E. NAGEL, AND MRS. O. W.
BRYAN are the owners
of the property adjacent to the alley hereinafter described;
WHEREAS, that
said portion of said alley
is no longer used and the said
,
above -named property
owners have 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 utilities located in said alley and if it is necessary to
relocate the utilities in said alley to be closed, the above -named property owners
have 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 that extends from Detroit Avenue to Chicago Avenue and abutts Lots
1 through 6 in Block 1 to the Town of Nederland, Jefferson County, Texas.
SECTION 2: - That the above -named citizens pay all expenses from 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 authorize to sign I
and attest the transfer of this property by Quit -Claim Deed or other instruments,
as needed, to the above - named.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland on July 10, 1979.
IATTEST:
1
V,
Minutes Continued, July 10, 1979
HOMER E. NAGEL
Homer E. Nagel, Mayor
The City of Nederland
ALTA FLETCHER
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
Discussion items were as follows:
1. Blood Donation Drive to be August 6, 1979.
2. Sunoco slide presentation on oil shortage.
3. Second new garbage truck not having arrived.
4. Christian Science Service at City Hall.
5. Major telephone installations being made in street right -of -ways be Bell
Telephone.
6. Update of water plan; Department of Community Affairs.
7. Federal Housing Plan.
8. Safety equipment.
The meeting was adjourned at 10:10 P. M..
H. E. Nagel, Mayora
ATTEST: City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
e.n
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
July 24, 1979
The meeting was called to order at 6:30 P. M. by Mayor Pro Tem, R. A. Nugent.
Members present were Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. E. T. Gillespie,
Jr.; Members absent were Mr. R. D. Sawyer, and Mr. H. E. Nagel.
A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the Minutes of
the previous meeting of July 10, 1979 as written. All Voted Aye.
Sealed bids were received, opened, and read for construction of approximately 8,500
L. F. of 10" diameter water line and appurtenances along 22nd Street and 23rd Street
from Canal Avenue to Avenue "H ". Bidders were as follows:
Crawford Construction $164,079.80 Golden Tri Constructors $176,077.00
Excavators & Constructors 139,717.00 Imperial Constructors 170,120.82
B & B Contracting 183,021.00 Mar -Len, Inc. 187,542.00
Bella Company 172,902.00 Steele Construction 176,694.00
A motion was made by Mr. Gillespie and seconded by Mr. Lee to refer the bids for
water line and appurtenances on 22nd and 23rd Street 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 authorize installation '
of street lighting as recommended by Gulf States Utilities along 3rd Street and
along 27th Street between Nederland Avenue and Helena Avenue as per plans and
specifications. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following
payments toward Doornbos Park Phase II improvements. All Voted Aye.
1. Estimate No. 2, Coastal Pools, Inc., for swimming pool and deck in the amount
of $15,660.00; and,
2. Estimate No. 2, Daniels Building and Construction, Inc., general contract, in
the amount of $43,610.40.
A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize modification to
City facilities in accordance with the recently adopted Energy Conservation Program
at a cost of approximately $1,200.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the ratifying
of applications to date for assistance in the U. S. Department of Labor Comprehensive
Employment Training Act Program and the assurance and certifications included. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize advertisement
for bids to be received 6:30 P. M., August 28, 1979, for installation of safety guard
rails at the Water Plant. 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
programs; Article 6252 -17, V.A.T.S.
Minutes Continued, July 24, 1979
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing the City
' Attorney to enter into condemnation proceedings against John Blackwell and Joe J.
Fisher as per the following description:
City of Nederland field notes for John Blackwell and Joe J. Fisher Right-
of-Way Acquisition, Job 378 -94.
Street right of way out of lot 9, block 4, Hillcrest second addition acres,
to the City of Nederland, Jefferson County Texas as lots appear by said
addition on record in the office of the county clerk of Jefferson, County,
Texas.
For point of reference, the intersection of the Westerly boundary line
of 27th Street with the Northerly boundary line of FM 365, said point
also being the point or place of BEGINNING for herein described tract
or parcel of land;
THENCE North 480 47' West along and with the Westerly Right -of -Way line
of 27th Street a distance of 212.02 feet, to a point for corner;
THENCE Southwesterly, parallel to the Northerly Right -of -Way line of
FM 365, a distance of 10 feet to a point for corner;
THENCE South 480 47' East, 10 feet from and parallel to the Westerly
Right -of -Way line of 27th Street, a distance of 212.02 feet, to a point
for corner, said point also being in the Northerly Right -of -Way line of
FM 365;
THENCE Northeasterly along and with the Northerly Right -of -Way line of
FM 365 a distance of 10 feet to the point or place for BEGINNING of
herein described tract or parcel of land, containing 0.0486 acres.
All Voted Aye.
Discussion items were as follows:
1. Ribbon cutting at Junior Football League Park; 9/22/79.
2. Invitation from AA to attend supper; 7/31/79 at 7:00 P. M..
3. Meter Reading Policy.
4. Bell Telephone rate increase.
5. Central Appraisal Office.
The meeting was adjourned at 8:05 P. M.
H. E. Nagel, MaydiE
City of Nederland, Texas
ATTEST:
1
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
August 14, 1979
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. Members
absent were Mr. R. A. Nugent and Mr. E. T. Gillespie, Jr..
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Minutes of
the previous meeting of July 24, 1979 as written. All Voted Aye.
Presentation was made by Mr. N. D. Kilgore and Mr. G. W. Turner of a $500.00 donation
to Fire Benefit Fund by Sunoco, Inc., in appreciation of the Nederland Fire Department
efforts relating to the "Sea Tiger" fire.
• report of the 1979 Board of Equalization was made by Mr. M. L. C. Lucke, Chairman.
• motion was made by Mr. Lee and seconded by Mr. Nagel to accept the report of
Mr. Lucke pertaining to the 1979 Board of Equalization and to approve expense payment
to members. All Voted Aye.
Sealed bids were received, opened, and read for storm sewer facilities and appurten-
ances along Detroit Avenue from 9th Street to 11th Street to Boston Avenue. Bidders
were as follows: Imperial Constructors, $94,598.48; Mar -Len, Inc. $129,901.00; '
B & B Construction, $91,982.50; Golden Triangle Construction, $78,050.90; Steele
Construction, $98,035.00; Excavators and Constructions, $88,247.50; Crawford
Construction, $82,962.00; and Bella Company, $106,165.95.
A motion was made by Mr. Nagel and seconded by Mr. Lee to refer the bids for
storm sewer and appurtenances along Detroit Avenue from 9th Street to 11th Street
to Boston Avenue to the City Manager and his staff for tabulation and recommendation.
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; Bidders were as follows:
Cureton & Son, $224.00; and G. S. Sturdivant, $338.00.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for weed
cutting to Cureton & Son on the basis of his low bid of $224.00 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 de-
scribed, and a lien placed on the said property for said monies;
:1J
Minutes Continued, August 14, 1979
WHEREAS, the owners of the herein described property, to -wit:
' Lots 19 -21 Blk 10 J. M. Staffen
Lot 7 Blk 5 Wagner I
Lot 6 Blk 1 Tr 1 Hillcrest II
Lot 7 Blk 1 Tr 3 Hillcrest II
Lots 7 -15 Rg F Tr 2 PALCO
Lets 4:9 12 Blit 3:3 Oehnsen
Lot 23 Blk 11 J. M. Staffen
Lots 5 -8 Blk 2 Wagner I
Lot 9 Blk 3 Wagner I
Lot 24 Blk 1 Burson
Lot 13 Blk 14 Hillcrest I
NW 'i of 3 Blk 2 Cottage Grove I
Lots 4 & 5 Blk 23 Wagner II
Lot 25 Blk 7 Airport
Lot 26 Blk 7 Airport
Lot 16 Bluebonnett
Lot 6 Blk 2 Hilltop II
have not complies with Ordinance 78;
WHEREAS, it is now necessary for the City of Nederland to cause the weeds, grass and
brush to be cut on the herein described property, 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 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 Cureton & Son, to cut the weeds, grass and brush
on the herein described property for a total consideration of $224.00 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 14th day of August, 1979.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A Public Hearing was conducted concerning the proposed rate increase as filed by
Gulf States Utilities Company providing for charges of electrical rates within the
City of Nederland.
Minutes Continued, August 14, 1979
A motion was made by Mr. Lee and seconded by Mr. Sawyer that we approve the Public
Hearing as held and that we adopt Ordinance #321 suspending the proposed rates I
increase as filed by Gulf States Utilities Company providing for charges of elec-
trical rates within the City of Nederland. All Voted Aye.
ORDINANCE #321
AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY GULF STATES
UTILITIES COMPANY OF ITS RATES FOR ELECTRICAL SERVICE IN THE CITY
OF NEDERLAND: PROVIDING THE REASONS THEREFOR: AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 10, 1979, Gulf States Utilities Company filed with the City of
Nederland, its Statement of Intent to increase its rates for electrical utility
service in the City, such rate increase to become effective thirty -five (35) days
after date of delivery of statement, and
WHEREAS, the City Council has determined that Gulf States Utilities Company's
Statement of Intent to increase its rate for electrical utility service in the City,
effective as aforesaid, should be suspended for an additional niney (90) days from
July 10, 1979 for the following reasons:
(1) The City Council has not had sufficient time to analyze and study
the proposed increase,
(2) The City Council needs additional time to employ and study the
recommendations of a qualified rate consultant. ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION I: That the proposed increase by Gulf States Utilities Company of
its rates for electrical utility service in the City be, and is hereby, suspended
for a period of ninety (90) days from July 10, 1979.
SECTION II: 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 14th day of August, 1979.
ATTEST: HOMER E. NAGEL
Homer E. Nagel, Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
The foregoing Ordinance, including all of the provisions thereof, is hereby approved
as to form and legality.
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A Public Hearing was conducted on the proposed rate increase as filed by Southwestern '
Bell Telephone Company providing for charges of telephone rates within the City of
Nederland.
1
1
1
Minutes Continued, August 14, 1979
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Public
Hearing as held and that we adopt Ordinance No. 322 suspending the proposed rate
increase as filed by Southwestern Bell Telephone Company providing for charges of
telephone rates within the City of Nederland. All Voted Aye.
ORDINANCE NO. 322
AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE BY SOUTHWESTERN
BELL TELEPHONE COMPANY OF ITS RATES FOR TELEPHONE UTILITY SERVICE
IN THE CITY OF NEDERLAND: PROVIDING THE REASONS THEREFOR: AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, July 10, 1979, Southwestern Bell Telephone Company filed with the City of
Nederland, its Statement of Intent to increase its rates for telephone service in
the City.
WHEREAS, the City Council has determined that Southwestern Bell Telephone Company's
Statement of Intent to increase its rates for telephone service in the City, effec-
tive as aforesaid, should be suspended for an additional ninety (90) days from
July 10, 1979 for the following reasons:
(1) The City Council has not had sufficient time to analyze and study
the proposed increase.
(2) The City Council needs additional time in order to join with Texas
Municipal League Cities to study the proposal and to employ qualified
rate experts to make recommendations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION I. That the proposed increase by Southwestern Bell Telephone
Company of its rates for telephone service in the City be, and is hereby, suspended
for a period of ninety (90) days from July 10, 1979.
SECTION II. 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 14th day of August, 1979.
ATTEST:
ALTA FLETCHER HOMER E. NAGEL
Alta Fletcher, City Secretary Homer E. Nagel, Mayor
City of Nederland, Texas 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
A Public Hearing was held in accordance with Section 7.06 of the City Charter for I
the purpose of adoption of the 1979 -1980 Budget. The Budget was discussed in detail
and appropriate ordinances and amendments to ordinances were read in full.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Budget of
Revenue Sharing Funds as presented. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to adopt the following
Amendment to Ordinance No. 147 providing for employee benefits and policies. All
Voted Aye.
Minutes Continued, August 14, 1979
AN AMENDMENT TO ORDINANCE NO. 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
APTTrT.F XT
BENEFITS
Section 1
The City will provide a hospitalization policy for permanent employees.
The City will also participate in providing a hospitalization policy for the de-
pendents of permanent employees not to exceed twenty -five ($25.00) dollars a month.
The premium amount paid by the City shall be fixed by the City Council.
Section 2
The City will provide permanent employees with a life insurance plan. The
policy will be computed as one and one -third (1 1/3) annual base salary. The base
salary should be rounded to the next highest thousand for computation. The City will '
provide a ten thousand ($10,000.00) dollar life insurance policy for all employees
who retire from the City in accordance with the provisions of Texas Municipal Retire-
ment System.
PASSED AND APPROVED this the 14th Day of August, 1979, to become effective
October 1, 1979.
ATTEST: HOMER E. NAGEL, Mayor
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
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the Public Hearing
on 1979 -1980 Budget as held and to adopt the 1979 -1980 Budget in accordance with the
City Charter. All Voted Aye.
A motion
was made by Mr.
Sawyer and seconded by Mr. Lee to adopt
Tax Rate Ordinance
No. 320
as recommended by
Tax Assessor /Collector Alta Fletcher.
All Voted Aye.
'
69
Minutes Continued, August 14, 1979
ORDINANCE NO. 320
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 1979, 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 DELIN-
QUENT 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 nine (1979) 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) 55.95%
of each One ($1.00) Dollar levied on the 1979 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, .438
of each One ($1.00) Dollar levied on the 1979 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, 4.83% of each One ($1.00) Dollar levied on the 1979
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, 1.568 of each One ($1.00) Dollar levied on the 1979 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, 1.14% of each One ($1.00) Dollar levied on the 1979 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 1979 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,
2.218 of each One ($1.00) Dollar levied on the 1979 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, 1.458
of each One ($1.00) Dollar levied on the 1979 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,
4.348 of each One ($1.00) Dollar levied on the 1979 Tax Roll.
Minutes Continued, August 14, 1979
(j) For the purpose of paying interest and principal on the Four Hundred '
Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series
1969, 3.01% of each One ($1.00) Dollar levied on the 1979 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, 3.09% of each One ($1.00) Dollar levied on the 1979 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, 2.02% of each One ($1.00) Dollar levied on the 1979 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, 19.88% of each One ($1.00) Dollar levied on the
1979 Tax Roll.
SECTION II
Taxpayers shall be allowed no discount for the advance payment of their ad valorem
taxes due the City of Nederland for the assessment year 1979.
SECTION III
That the ad valorem taxes herein levied for the year 1979 shall become due January
1, 1980, though payable on the first day of October, 1979, and may be paid up to '
and including the following January 31, 1980, without penalty; but, if not paid,
such taxes shall become delinquent on the following day February 1, 1980, and the
following penalties shall be 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, 1980, eight (8 %) percent penalty. Such unpaid taxes shall
bear interest rate of 7% per annum from February 1, 1980, the same being the
next year succeeding the year 1979; and if paid on or after the 1st day of
July, 1980, 7% 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, 1980, and shall be
paid and collected as provided in Section 2 and 3 hereof.
PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland
at its regular meeting of the said Council this 14th day of August, 1979.
ATTEST:
ALTA FLETCHER H. E. NAGEL,
Alta Fletcher, City Secretary H. E. Nagel, Mayor
City of Nederland, Texas City of Nederland, Texas I
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
1
1
17 1
Minutes Continued, August 14, 1979
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the proposition
as presented by Mr. Jim LaPointe of the Junior Football League that the Softball/
Junior Football playing field located on City Property behind the service center
be designated as Homer Nagel Park. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve corrections
in tax assessments in the amount of $1,672.19 in accordance with Section 8.09
of the City Charter. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., September, 11, 1979 for construction of a
wastewater syphone underneath the Airport /Viterbo ditch to provide service to Golden
Triangle Engineers. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Ordinance No. 323 providing for the investment of City of Nederland public funds.
All Voted Aye.
ORDINANCE NO. 323
AN ORDINANCE ESTABLISHING RULES GOVERNING THE INVESTMENT OF LOCAL
FUNDS, DESGINATION OF INVESTMENT OFFICERS, AND FILING INTERNAL
MANAGEMENT REPORTS.
WHEREAS, the State Legislature of the State of Texas has approved House Bill
No. 2122 providing for cities to establish rules and other propositions for the
investment of local funds;
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland to
authorize the following;
a. Designate the City Treasurer and /or City Manager as investment officers of
the City to be responsible for the investment of local funds;
b. Authorize the investment officers to invest funds of the City in accordance
with State Law:
C. Disbursement of funds in accordance with Section 17.06 of the City Charter;
d. At least once each year, the investment officer shall prepare a written
report concerning the subdivision's local funds investment transactions for the
preceding year and describing in detail the investment position of the agency or
subdivisions as of the date of the report. If the agency or political subdivision
has two or more investment officers, those officers shall prepare the report
jointly. The report shall be signed by each investment officer and shall be
delivered to the governing body and the chief executive officer of the agency or
subdivision.
e. The investment officers shall invest local funds in investments that yield
the highest possible rate of return while providing necessary protection of the
principal consistent with the operating requirements as determined by the City
Manager.
PASSED AND APPROVED by the City Council of the City of Nederland during a
legally convened meeting this the 14th day of August, 1979.
ATTEST:
ALTA FLETCHER H. E. NAGEL
Alta Fletcher, City Secretary H. E. Nagel, Mayor
City of Nederland, Texas City of Nederland, Texas
Minutes Continued, August 14, 1979
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. Nagel to approve preliminary plat
of Allan Meadow Section Four Addition including streets, drainage, utilities, and
street lights as recommended by the Planning and Zoning Commission. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
payments to contractors of the Capital Improvement Program. All Voted Aye.
a. F. Gatlin Asphalt Co., Job No. 378 -5P, 18th Street, Estimate No. 12,
$4,000.00; and Change Order No. 4 in the amount of $1,755.00;
b. Bella Company, Job No. 378 -33P, 10th and Atlanta, Estimate No. 1,
$11,800.00; and,
C. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No. 11,
$23,000.00; and Change Order No. 5 in the amount of $3,045.94.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
payment toward Doornbos Park Phase II improvements. All Voted Aye.
a. Coastal Swimming Pools, Inc., Estimate No. 3, for swimming pool and deck
in the amount of $37,134.00.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
construction of trunk water line along 22nd Street and 23rd Street from Canal Avenue
to Avenue "H" to Excavators and Constructors on the basis of their low bid of
$139,717.00 as received during the meeting of July 24, 1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment of monthly
bills for the month of July, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive
Session on matters pertaining to the purchase of right -of -way and properties necessary
for implementation for City of Nederland improvements programs; Article 6251 -17,
V.A.T.S.. All Voted Aye.
Discussion items were as follows:
1. Air conditioner on dozer.
2. High weeds at 9th Street and Chicago.
3. Request by Senior Citizens to paint shuffle board layout at Service Center.
4. Driveway blacktopping program.
5. Lawsuit by U. S. Steel concerning City Sales Tax.
6. New tables at Service Center.
7. Street inspections.
8. CETA Program.
9. Street boring at S -6th and Nederland Avenue.
10. Labor Day garbage service.
11. School night watchmen.
12. Right -of -way appraisals.
13. Rate increase appeal by Southern Union Gas.
r.
Minutes Continued, August 14, 1979
14. Grass trimming around sidewalks.
15. Motor home parked in street at 13th and Chicago.
16. Blind corner at 13th and Boston.
The meeting was adjourned at 9:15 P. M.
ATTEST:
Alta Fletcher, City Secretary
city of Nederland, Texas
1
1
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
August 28, 1979
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. E.
T. Gillespie. Mr. T. E. Lee, Jr. was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of August 14, 1979 as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize acceptance of
a $1,500.00 donation from the Nederland Heritage Festival '79 Committee as presented
by Mr. Alton Hollier, Chairman, to provide swings, a merry -go- round, and spring animals
for the sand box area of C. Doornbos Park; and to authorize acceptance of the following
donations:
(a) $1,000.00 from Time -Life Books for Nederland Public Library
(b) $500.00 for Windmill Museum, and
(c) $500.00 for French House Museum
All Voted Aye.
Sealed bids were received, opened, and read for construction of safety hand rails at
,
the Water Plant. Only one bid was received from Robert Blackshear Welding in the
amount of $5,896.00 with an alternate of $5,432.00.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to table awarding of bid
for construction of safety hand rails at the Water Plant. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award the contract for
storm sewer and appurtenances along Detroit from 9th Street to 11th Street to Golden
Triangle Constructors, Inc., on the basis of their low bid for a total unit price of
$78,050.90, as received during the meeting of August 14, 1979. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the City
Manager to have authority to file for participation in the Comprehensive Employment
Training Act employment and training program. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing payment to
Golden Triangle Constructors for force account and job of water line relocation under
Nederland Avenue at South 6th Street for $4,823.96. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel authorizing City of Neder-
land participation in Texas Municipal League defense of the State of Texas Municipal
Sales Tax Law as is being challenged by U. S. Steel Corporation, with City partici-
pation to be $233.01. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel authorizing payment to
,
Daniels Construction Company in the amount of $38,301.30 for Estimate Payment No. 3,
Doornbos Park development. All Voted Aye.
1
1
r7 T
Minutes Continued, August 29, 1979
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing purchase of
shingles and roofing materials for the Old City Hall with labor to be provided by
Mid - County Alcoholics Anonymous with the estimated cost to be $900.00. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing installation
of a 5 foot sidewalk along the north side of 27th Street from Gary to Helena Avenue
as soon as sidewalk easements are obtained. All Voted Aye.
Councilman T. E. Lee, Jr. arrived at the meeting at this time - 7:30 P.M.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve street striping
plans for 27th Street from Nederland Avenue and along 18th Street from Helena
Avenue to Canal Avenue, making 18th with two traffic lanes and one (1) left turn
lane and 27th Street with four traffic lanes with no parking to be allowed on either
street. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer authorizing employment of
Donnie M. Jones and Associates, Certified Residential Appraisers, to appraise the
right -of -way tracts necessary for extension of Avenue "A" and Avenue "B" through
Nederland Independent School District property between South 12th Street and South
13th Street, not to exceed $500.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Street repairs on 14th Street at Helena.
2. Street patching needed in the 500 Block of 23rd Street.
3. MCML meeting to be September 17, 1979 for discussion of Peveto Bill
4. New recording system in Council Room.
5. Trim on Council tape.
6. Shuffle game for senior citizens.
7. Mr. Neushafer to be auditor for coming year.
8. Electrical Code of City.
9. League policies.
10. Permit allowing City of Beaumont Bus Lines to come to Nederland.
11. Aerial maps available.
12. Vehicle for plumbing inspector.
13. Alternative agreements with industry.
14. Refinery construction adjoining City Limits.
15. Mowing of railroad tracks.
The meeting was adjourned at 8:30 P.M.
ATTEST:
zht�J _��
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. Nagel, Mayor'-
City of Nederland, Texas
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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
SECTION 1 - NO PARKING
Parking shall be prohibited along both sides of 18th Street from
Helena Avenue to Canal Avenue and along both sides of 27th Street
from Nederland Avenue to :Helena Avenue. "No Parking This Side of
Street" signs shall be erected.
SECTION 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall
neglect to comply with the terms hereof shall be deemed guilty of a
misdemeanor, and shall on conviction thereof be fined in any sum not
less than $1.00 nor more than $200.00 and the violation of each
separate provision thereof shall be considered a separate offense.
SECTION 3 - REPEALING CLAUSE I
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 28th day of August, A. D., 1979.
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
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
ISeptember 11, 1979
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 previous meeting of August 28, 1979 as written. All Voted Aye.
Sealed bids were received, opened, and read for construction of a wastewater syphon
underneath the Airport /Viterbo ditch near Airport Towers. Bidders were as follows:
F. Gatlin Asphalt, $10,604.00; Crawford Construction Co., $5,300.00; Golden Triangle
Construction, $7,114.36; B & B Construction, $6,000.00; and Bella Company,
$14,500.00.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award the bid for
construction of a wastewater syphon underneath the Airport /Viterbo ditch near Air-
port Towers to Crawford Construction Company on the basis of their low bid of
$5,300.00. All Voted Aye.
A discussion was held with several residents along 27th Street between Helena Avenue
and Nederland Avenue concerning recommended changes of parking in that area.
A motion was made by Mr. Nagel and seconded by Mr. Lee that a study be made of
recommended changes of parking along 27th Street between Helena Avenue and Nederland
Avenue. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bids for hand
rails and deck replacement for Water Treatment Plant as recommended by insurance
carrier to B & B Construction Company in Orange, Texas on the basis of their low
bid of $5,432.00. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing appoint-
ment of James E. Neushafer, Inc., Certified Public Accountant, to provide for annual
audit services in accordance with the City Charter at an estimated cost of $3,650.00.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., October 9, 1979, for annual maintenance of City
air conditioning/heating equipment. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the
following Amendment to Ordinance No. 229 providing for adoption of the National
Electric Code and providing for a change in the wiring method of apartment buildings.
All Voted Aye.
AMENDMENT TO ORDINANCE NO. 229
ELECTRICAL ORDINANCE "THE NEDERLAND ELECTRICAL CODE"
AN ORDINANCE AMENDING THE NEDERLAND ELECTRICAL CODE AS FOLLOWS: AMENDING ARTICLE I,
SECTION 20, PROVIDING FOR THE OBTAINING OF PERMITS; AMENDING ARTICLE I, SECTION 23b
Minutes Continued, September 11, 1979
BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1978 EDITION; AMENDING ARTICLE IV, SECTION
40 PERTAINING TO WIRING METHODS; BY ADDING A NEW SECTION 40.1 DELETING SECTION 210 -8b
OF THE NATIONAL ELECTRICAL CODE, 1978 EDITION; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION OF THE CAPTION ONLY; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Nederland, Texas:
SECTION I: That Article I, Section 20, of the Nederland Electrical Code is
hereby amended to read as follows:
Section 20. To Whom Tcanarl-
Permits shall be issued to Master Electricians qualified to secure permits as
set forth in this Code, or to their duly authorized agent. Qualified Master
Electricians shall certify their duly authorized agent to the City Electrical
Inspector in the form of an affidavit stating that such Master Electrician assumes
all and full responsibility for any permit taken out or applied for by such agent.
This certification shall be kept in the City Electrical Inspector's file after it
has been approved by the City Attorney.
Nothing in this code shall be construed to prevent a person from doing electrical
work himself on his own residence which is owned and occupied or to be occupied by
him immediately upon completion of such residence so long as he complies with all of
the other provisions of this Code. This exception shall be construed to mean an
individual owner (not a firm, co- partnership, or corporation) who actually does the
labor himself and executes property owner's affidavit.
PROPERTY OWNER'S AFFIDAVIT '
Date
This is to certify that I am the property owner of the premises known as
being Lot Block ,
(Address)
Addition and that the electrical work covered by
Electrical Permit, Number is to be done by me in a building owned by me in
accordance with Ordinance No. 229.
Signed
Property Owner's Signature
Subscribed and sworn to before me this day of , A. D. 19
NOTARY PUBLIC IN AND FOR
COUNTY, TEXAS
SECTION II: - That Article I, Section 23b of the Nederland Electrical Code is
hereby amended to read as follows:
"Section 23b - National Electrical Code Adopted - conformity of electrical installa-
tions with applicable standards set forth in the National Electrical Code shall be
prima facie evidence that such installations are reasonably safe to persons and
property; provided that the provisions of this Ordinance shall prevail over the
National Electrical Code in case of conflicting provisions.
79
Minutes Continued, September 11, 1979
The National Electrical Code of 1978, adopted by the National Fire Protection Associ-
ation, and all Amendments thereof, is hereby adopted; and the same is hereby made a
part of this Ordinance as fully and to the extent as if copied herein in full. One
copy of such Code shall be filed in the Office of the City Secretary for review by
anyone.
SECTION III - That Article IV, Section 40 of the Nederland Code is hereby
amended to read as follows:
Section 40. Approved Wiring Methods; Use Thereof:
Wiring methods approved by the National Electrical Code and Underwriter's
Laboratories, Inc., shall be used with the exceptions listed below:
(A) Type ALS and MC and AC cable may be used in minimum size number 4 or larger
installed in accordance with National Electrical Code requirements.
(B) Electrical metallic tubing may be used with approved watertight fittings.
(C) Any approved method may be used for temporary work.
(D) Flexible metallic conduit may be used when it is impractical to use rigid
conduit; however, on movable or rotating electrical equipment, flexible
metallic conduits may be used only for a maximum length of six (6) feet.
(E) In all commercial buildings, all buildings used for commercial purposes
and all apartment projects of more than three (3) stories in height or of
other than wood frame construction the following wiring methods are
excluded from the approved methods as listed in the National Electrical
Code of 1978.
Article 320 - Open wiring on insulators.
Article 324 - Concealed knob and tube work.
Article 328 - Bare conductor feeders.
Article 336 - Non - metallic sheathed cable, only as it relates to projects
of more than three (3) stories in height, or of other than
wood -frame construction.
Article 338 - Service - Entrance Cable.
Article 339 - Underground feeder and branch circuit cable.
Article 350 - Flexible metallic conduit.
Article 351 - Liquid - tight flexible conduit.
Article 350 and 351 permitted in accordance with Section 40, Subsection (d)
above.
(F) The following equipment shall be installed on special circuits:
(1) Attic fan and heating unit
(2) Dishwasher
(3) Disposal
(4) Washing Machine
(5) Dryer
(6) Water heaters and space heaters
(7) Ranges, built in ranges, tops and ovens
(8) Air conditioning equipment
(9) Other types of equipment that require special circuits.
Minutes Continued, September 11, 1979
(G) Article 680 - Swimming pools, of the National Electrical Code is hereby I
adopted in its entirety, and compliance with Article 680 -4, Paragraph G,
is hereby made mandatory.
(H) Low Voltage Wiring: All low voltage magnetic switches that are designed
to control lights and other noninductive loads shall be installed as
follows:
The relay or magnetic switches shall be installed in such a manner that
they may readily be removed and reinstalled after outlet box containing same is
concealed without removing plaster or finish of building. They are to be installed
in outlet boxes of sufficient size to compensate for space occupied by the relay
and shall be securely and adequately fastened with machine screws or other approved
methods in the outlet box in which they are installed. All remote control low vol-
tage devices that are used to control lighting and power shall be installed in an
approved metal box in a location accessible for maintenance, service, and repairs.
All relay or magnetic switches will be approved only on circuits not exceeding 150
volts to ground, and all lower voltage wires must be separated by an approved barrier
from circuit wires. All low voltage wiring shall not be smaller than No. 18 guage
rubbercovered not less than 300 volts, insulation.
All low voltage wiring shall be installed in a workmanlike manner and shall not
be run over ceiling joists, studs or rafters with insulated staples at least every
4� feet. Low voltage wires shall be long enough to permit the removal and reconnec-
tion of the relay or magnetic switch. Low voltage switches shall be long enough to
permit the removal and reconnection of the relay or magnetic switch. Low voltage '
switches used to operate the relay or magnetic switch shall be of an approved type
and installed in an approved manner. The transformer for the control system shall
not exceed 48 volts and shall have overcurrent protection on the secondary side
not exceeding its capacity, located within twelve inches of transformers. The
primary side of the transformer will be considered protected by overcurrent pro-
tection if not exceeding fifteen amperes. And it is further provided that no per-
mits will be required for the installation of wires to operate telephone, telegraph,
district messengers, watch clock fire alarms, and cable antenna television instal-
lations.
(I) Where three or more switches or meters are installed, a wiring gutter must
be used.
SECTION IV - That Article IV of the Nederland Electrical Code is hereby amended by
adding a new section to be numbered Section 40.1 Construction Site Power Poles, which
said section reads as follows:
Section 40.1 - Construction Site Power Poles - "Section 210 -8b of the National Electri-
cal Code, 1978 Edition, dealing with Ground Fault Circuit Protection at construction
sites is hereby deleted.
SECTION V: Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined
in any sum not to exceed Two Hundred Dollars ($200.00).
SECTION VI: Effective Date - This Ordinance shall be in effect from and after thirty
(30) days from the date of its passage and publication as required by the City Charter.
[1
Minutes Continued, September 11, 1979
No other provisions of Ordinance 229 are effected by this Amendment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of The
City of Nederland held on , 1979.
ATTEST:
HOMER E. NAGEL
ALTA FLETCHER Homer E. Nagel, Mayor
Alta Fletcher, City Secretary
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
W. E. Sanderson, City Attorney
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing the Nederland
Police Department to escort buses to football games out of town. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing the Texas
Municipal League Mutual Insurance (Plan C) (Prudential Insurance Company) for one
year commencing October 1, 1979, for hospitalization and life insurance coverage on
City employees and /or their dependents. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of
bills for the month of August, 1979. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing payment of
bills under Capital Improvement Program as follows:
a. F. Gatlin Asphalt Co., Job No. 378 -5P, 18th Street, Estimate No. 13,
$9,000.00;
b. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Estimate No. 12,
$4,000.00; and,
c. Bella Co., Job No. 378 -33P, 10th Street @ Atlanta, Estimate No. 2,
$48,800.00,
d. Coastal Pools, Inc., Estimate No. 4, swimming pool and deck, $27,360.00.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on final
acceptance of Allan Meadow Section 3 in accordance with Ordinance No. 121 and as
recommended by the Planning Commission. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing advertisement
for bids to be received 6:30 P. M., October 9, 1979, for 340,000 plastic garbage
bags. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table Executive Session
on matters pertaining to the purchase of right -of -way and properties necessary for
implementation of City of Nederland improvements programs; Article 6252 -17 V.A.T.S.
All Voted Aye.
Discussion items were as follows:
1. Drainage problems behind Crocker Motors.
2. Drainage problems at 14th Street and Lawrence.
3. Street striping.
4. Janitorial Service needed for City Hall.
5. Street number painting on curbs.
6. Billboards at Twin City Highway and Nederland Avenue.
Minutes Continued, September 11, 1979
7. Alley in Wagner Addition to be closed.
8. Gulf States Utilities /Southern Union Gas Intervention Meeting. '
9. Mid County Municipal League meeting September 18, 1979.
10. South East Texas Regional Planning Commission meeting September 19, 1979.
11. Street marker down at Jackson and Twin City Highway.
12. Dangerous traffic situation on Nederland Avenue.
The meeting was adjourned at 8:35 P. M.
H. E. Nagel Mavr-
City of Nederland, Texas
ATTEST:
d&x-).
Alta Fletcher, City Secretary
City of Nederland, Texas
1
8:x
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
September 25, 1979
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 previous meeting of September 11, 1979 as written. All Voted Aye.
A discussion was held with several residents pertaining to the striping and signing
of 18th Street between Helena Avenue and Canal Avenue. A petition was submitted to
the Council requesting an alternate to "No Parking" along 18th Street.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to receive the petition
from residents along 18th Street between Helena Avenue and Canal Avenue pertaining
to the striping and signing of 18th Street between Helena Avenue and Canal Avenue
and requesting an alternate to "No Parking" along 18th Street, and that we continue
our study of the traffic problems on 18th Street as well as 27th Street. All Voted
Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Amendment to Ordinance No. 107 providing for STOP signs at several locations and
as recommended by Chief Billy Neal and Director of Public Works, John Bamber. 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 and required stop
signs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1 - STOP SIGNS
A stop sign shall be erected on the following streets at the avenues indicated.
All drivers of vehicles must come to a complete stop at such signs.
STOP 30th Street at West Atlanta
STOP 31st Street at Youmans Drive
STOP South 511 Street at Avenue H
STOP Avenue E at South 5th Street
STOP Avenue E at Hardy Avenue
STOP South 17th Street at Avenue H
STOP South 21st Street at Avenue K
Minutes Continued, September 25, 1979
STOP Avenue K at South 23rd Street
STOP Avenue K at South 17th Street
STOP Avenue L at South 23rd Street
STOP Avenue L at South 17th Street
STOP Avenue M at South 23rd Street
STOP Avenue M at South 17th Street
STOP South 21st Street at Avenue N
STOP South 21st Street at Avenue M
STOP South 21st Street at Avenue L
Section 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to
comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall
on conviction thereof be fined any sum not less than $1.00 nor more than $200.00
and the violation of each separate provision thereof shall be considered a separate
offense.
Section 3 - REPEALING CLAUSE
Any and all Ordinances of the City of Nederland, Texas in conflict with any of
the provisions of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas, on this
the 25th day of September, A. D., 1979.
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
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Ordinance No. 324 approving rate schedules to be charged by Gulf States Utilities
Company in the City of Nederland providing for an effective date and providing
conditions under which such rate schedules should be changed, modified, amended
or withdrawn, continuation of the Public Hearing conducted August 14, 1979. All
Voted Aye.
ORDINANCE NO. 324
AN ORDINANCE APPROVING RATE SCHEDULES TO BE 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 July 2, 1979, 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 approximately $50.4 million per annum on a systemwide basis, an increase of
approximately 19.92 %, and
1
1
1
6o
Minutes Continued, September, 25, 1979
WHEREAS, the City having suspended the effective date of such proposed rate increase
from July 2, 1979, and having considered the same as required by law, 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 power and energy sold within the
City be approved in an amount such that the adjusted total systemwide operating
revenues for the Company be increased $20,814,053 per annum, based on the adjusted
test year ending December 31, 1978, which constitutes an increase of approximately
8.2 %. 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 limits 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 twenty days from the final passage of this Ordinance, otherwise, same
shall be considered 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 November 3, 1979.
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 accor-
dance 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 the 25th day of September, 1979.
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, September 25, 1979
A motion was made by Mr. Nagel and seconded by Mr. Lee to grant final approval in
accordance with Ordinance No. 121 of Allan Meadow Section IV. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer granting permission to
Water District No. 10 to create a fire district in the Central Garden area. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the following
Resolution nominating Mr. Charles Lankford to the Board of Directors of the Appraisal
District in accordance with S. B. 621. All Voted Aye.
CITY OF NEDERLAND
A RESOLUTION
WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979,
provides for establishing an Appraisal District which would concern the City of
Nederland; and,
WHEREAS, the Act provides that the Appraisal District shall be governed by a Board
of Directors to be chosen by the taxing units within the district by a voting method
set out in the Act; and,
WHEREAS, the Act providies for nomination of candidates for the Board by the taxing
untis within the Appraisal District; and,
WHEREAS, the City of Nederland is desirous of having representation on the Board of
Directors of the Appraisal District:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland in
compliance with Senate Bill No. 621 hereby nominates the following candidate or
candidates for the Board of Directors for the Appraisal District:
Charles Lankford
SO, RESOLVED, this the 25th Day of September, 1979.
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
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the following
attendance and expenses. All Voted Aye.
1. Bill Winfrey, James Boulet, Kenneth Spell, and Mike Graham to Wastewater
School in Orange, October 9 -11, 1970;
Minutes Continued, September 25, 1979
2. James Byers, Building Official, to the Annual Southern Building
Code Congress International Research and Educational Conference
in Atlanta, Georgia, October 14 -18, 1979;
3. D. B. Henson, City Manager, to the International City Management
Association meeting in Phoenix, Arizona, October 21 -24, 1979; and
4. Mayor, City Councilmen, City Manager, and Administrative Assistant
to the Texas Municipal League Conference in Houston, October 27- 30,1979.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the
following Certificate of Approval and Acceptance of 1979 Assessment Rolls as
recommended by the Board of Equalization. All Voted Aye.
CERTIFICATE OF APPROVAL AND ACCEPTANCE OF 1979 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 1979, 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 Improvements $71,220,180
Personal Property 7,094,909
Sub Total $78,315,089
599 Senior Citizen Exemptions 2,902,437
76 Disabled Veteran Exemptions 132,000
Total $81,349,526
Given under my hand and seal of office by authority of the City Council, this
the 25th day of September, A. D., 1979.
ATTEST: H. E. NAGEL
H. E. Nagel, Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize replacement
of two billboards entering the City from the hotel /motel tax to Holland Adver-
tising Company for $970.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment
of Estimate No. 4 to Daniels Construction Company, Inc., for C. Doornbos Park
improvements in the amount of $29,035.80. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept a petition
filed by Howard C. Sadler in behalf of certain parties pursuant to Section 17.04
from the City Charter and to refer the petition to the City Attorney for
recommendation. 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 9, 1979, for two vehicles. All Voted
Aye.
Minutes Continued, September 25, 1979
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 neces-
sary for implementation of City of Nederland improvements programs; Article 6252 -17,
V. A.T.S. All Voted Aye.
At this time Mr. Gillespie left the Council Chambers for the following action.
A motion was made by Mr. Lee and seconded by Mr. Nugent authorizing the closing
and abandoning of an alley in Block 19 of Wagner Addition 2 in accordance with
City policy and State Law, and to adoptthe following Ordinance No. 325. All
Voted Aye.
ORDINANCE NO. 325
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, E. T. Gillespie, Jr., J. O. Chamblee, John Q. Wilson, Leo T. Desormeaux,
and Michael C. Morgan, are the owners of the property adjacent to the alley hereinafter
described;
WHEREAS, that said portion of said alley is no longer used and the said above -named
property owners have 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 utilities located in said alley and if it is necessary to
relocate the utilities in said alley to be closed, the above named property owners
have 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 located in Block 19 of WAGNER ADDITION NUMBER 2 to the City of
Nederland, Jefferson, County, Texas; said alley extending from Avenue L
in the City of Nederland to Avenue M in the City of Nederland.
SECTION 2 - That the above named citizens 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 instruments, as needed,
to the above named.
PASSED AND APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Nederland on the 27th day of September, 1979.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
1
Minutes Continued, September 25, 1979
Mr. Gillespie returned to the Council Chambers at this time.
Discussion items were as follows:
1. Children playing near unfinished swimming pool at Doornbos Park
2. Jimmy Wyble being on survey list.
3. Mid County Municipal League annual dinner to be 12/6/69.
4. Use of Old City Hall by Overeaters Group.
5. Southern Union Gas to appeal to Railroad Commission in Austin on 11/28/79.
6. Ordinance No. 147 (recommendation to wear safety shoes).
The meeting was adjourned at 8:45 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
H. E. Nagel, Mayor/ —T
City of Nederland, Texas
Sao
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 9, 1979
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. Nagel to approve the Minutes of the
previous meeting of September 25, 1979 as written. All Voted Aye.
Sealed bids were opened and read for the purchase of 340,000 black plastic garbage bags
or alternate. Bidders were: R. Kilpatrick, Poly America, Inc., B & E Packaging, Sun
Belt Plastics, Adams Industries, and Arrow Industries.
Sealed bids were opened and read for purchase of one small sized automobile, less trade
or sale; and, one medium sized automobile. Bidders were: Raiford Motors, Philpott Motors,
and Crocker Motors.
Sealed bids were opened and read for planned maintenance of City air conditioning and
heating equipment. Bidders were: Williams Refrigeration, Craig Company, Air Control of
Houston, DeWitt Heating and Air Conditioning, Bob Smith, and Natkin.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the bids
until the latter part of the meeting in order to give city personnel time to check the
bids. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Amendment
to Ordinance No. 107 providing for no parking in certain areas and parking in other areas
of 18th Street between Helena Avenue and Canal Avenue and the restriping to conform with
such Amendment. 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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1 - NO PARKING
Parking shall be allowed along both sides of 18th Street from Helena Avenue to Canal
Avenue except that parking shall be prohibited along both sides of 18th Street for a
distance of 250' South of Canal Avenue and for a distance of 220' North from Helena
Avenue.
9I
Minutes Continued, October 9, 1979
SECTION 2 — PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to comply
with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction
thereof be fined in any sum not less than $1.00 nor more than $200.00 and the violation
of each separate provision thereof shall be considered a separate offense.
SECTION 3 — REPEALING CLAUSE
Any and all ordinances of the City of Nederland; Texas, in conflict with any of the
provisions of this ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the
9th day of October, A. D., 1979.
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. Nugent and seconded by Mr. Gillespie to award the bid on
planned maintenance of City air conditioning and heating equipment to Williams Air
Conditioning on the basis of their low bid and to refer bids on garbage bags and
automobiles to City staff for tabulation and recommendation at a later date. All
Voted Aye.
Ms. J. Belaire, 3311-Omaha, was present to discuss the stray dog situation in her
neighborhood.
Mr. Joe A. DiBacco, Manager of Liberty TV Cable, Inc., was present to meet members of
the City Council and to offer his cooperation in any efforts to improve service pro-
vided by the Cable Television.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to authorize advertisement
for bids to be received November 13, 1979 for removal and replacement of the second
floor gallery of the'Windmill,Museum. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to ratify the cancellation
of contract with Superior,parking Lot Services for providing street sweeping at
certain intervals along several curb and gutter streets. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve attendance
and expenses as follows:uTerry McNeill, Civil Defense Director, and Billy Neal,
Assistant Director, to the Gulf Coast Civil Defense Conference in Galveston, October
14 -16, 1979; Homer Taylor, Assistant Chief of Police, to the 41st National Robbery
and Homicide Conference, October 22 -26, 1979, Louisville, Kentucky} Mike Delgado,
Administrative Assistant, to the Basic Public Purchasing Seminar, October 22 -24, 1979,
Austin, Texas; and W. E. Sanderson, City Attorney, to the Texas Municipal League meeting
in Houston, October 27 -30, 1979. All Voted Aye.
q 9
Minutes Continued, October 9, 1979
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize influenza
immunization for city employees, approximately 30 employees at $5.00, $150.00. All
Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of the
bills for the month of September, 1979• All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve advertisement for
bids to be received-6:30 P.M., October 23, 1979, for: (A) accident insurance coverage;
(B) vehicle and automobile coverage; and (C) general liability insurance on parks,
playgrounds, and all type of equipment, for the period from November 24,'1979, to
November 24, 1980. All Voted Aye.
An Executive Session was conducted on matters pertaining to purchase of right -of way
and properties necessary for implementation for City of Nederland improvements programs
in accordance with Article 6252 -17, V. A. T. S.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment of
$500.00 to Donnie M. Jones and Associates Real Estate Appraisers for appraisal of
Nederland Independent School District YMCA leased property between Avenue "A" and 12th
Street and continue study until a later date of actual acquisition. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to implement condemnation pro-
cedures against Mid - County Professional Building Group and authorize the City Attorney
to pursue this on behalf of the City. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve preliminary approval
of Allan Meadow Addition Section Five in accordance with Ordinance No. 121. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following payment
of bills under Capital Improvement Program with items a. and b. being contingent upon
their completion of punch list. All Voted Aye.
a. F. Gatlin Asphalt_ Co., Job No. 378 -5P, 18th Street, Final Estimate, $46,610.43; and
Change Order No. 5 in the amount of $•17,521.19;
b. J. C. N. Pavers, Inc., Job No. 377 -85P, 27th Street, Final Estimate, $51,476.88;
and Change Order No. 6 in the amount of $10,099.43 and Change Order No. 7 in the
amount of $7,650.66;
c. Excavators & Constructors, Inc., Job No. 378 -39A, 22nd and 23rd Street, Estimate No. 1,
$29,200.00; and,
d. Bella Company, Job No. 378 -33P, 10th Street and Atlanta, Estimate No. 3, $43,000.00;
and,
e. Coastal pools, Inc., Estimate No. 5, swimming pool and deck, $18,539.97•
Discussion items were as follows:
1. Street name sign is missing at West Chicago and 27th Street.
2. Meeting with Commissioner concerning pipe work on upper 27th Street.
3. Deadline for cancellation of room reservations.
4. TML Region 16 ,meeting.
Resolution on Southern Union Gas Intervention.
b Invitation to Griffin Park coffee this afternoon.
Minutes Continued, October 9, 1979
7. Street sweeper.
8. Water leak at 14th and Boston Avenue,
9. Traffic problems on Nederland Avenue.
The meeting was adjourned at 9:15 P.M.
ATTEST:
dw-2 /
Alta Fletcher, City Secretary
City of Nederland, Texas
t
H. E. Nagel, Mayor
City of Nederland, eras
041
94
REGULAR. MEETING OF THE CITY, COUNCIL OF THE
CITY OF NEDERLAND
October 23, 1979
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 October 9, 1979 as written. All Voted Aye.
Sealed bids were received, opened and read for City insurance coverage. Bidders were
Farmers Insurance Group and McNeill Insurance Agency.
A motion was made by Mr. Lee and seconded by Mr. Nugent to refer bids for insurance
coverage 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. Lee to award bids for two (2) vehicles
to Raiford Motors; one (1) LTD less trade -in of Rambler $5,442.09; one (1) Pinto $4,629.07;
award of 340,000 plastic bags to be delivered November 12th to B & E Packaging Company on
low bid of $49.51 per 1,000 for lZ mil plastic garbage bags, total $16,833.40, which is
equivalent to an increase of $8,731.00 per year or .130 per customer per month. All
Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of
Estimate No. 5 to Daniel's Building and Construction in the amount of $13,763.70 for
Doornbos Park improvements. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve an agreement
with Kansas City Southern Railway Company providing for the Federal Government to furnish
two (2) flashing railroad crossing signals where Kansas City Southern railroad crosses
Nederland Avenue adjacent to FM 347 with the City to maintain pavement markings and
advance warning signs. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following
Resolution providing for the employment of Touche Ross and Company as rate consultants and
special legal council in the Southern Union Gas rate case before the Railroad Commission
upon the City Attorney's opinion that Southern Union Gas will be required to refund the
total cost of such rate consultants and legal council. All Voted Aye.
A RESOLUTION AUTHORIZING MOTION TO INTERVENE ON BEHALF OF THE CITY OF
NEDERLAND IN THE RATE APPEAL OF SOUTHERN UNION GAS COMPANY BEFORE THE
RAILROAD COMMISSION OF TEXAS, GAS UTILITIES DIVISION, DOCKET NO. 2103,
AND AUTHORIZING EMPLOYMENT OF RATE CONSULTANTS AND SUCH OTHER EXPERTS
AS NECESSARY
WHEREAS, Southern Union Gas Company has appealed to the Railroad Commission of
Texas the City of Nederland Ordinance No. 318 establishing gas rates and such appeal
has been consolidated with the appeal of Southern union Gas Company from the rate orders
of other cities in the port Arthur Service Area as Gas Utilities Docket No. 2103; and ..
95
Minutes Continued, October 23, 1979
WHEREAS, it is in the public interest that the city become a party to this
proceeding with the right to present evidence and to cross - examine witnesses; now,
therefore
BE IT RESOLVED by the City Council of the City of Nederland:
That the city attorney is hereby authorized and instructed to file a Motion to
intervene on behalf of the City of Nederland in Gas Utilities Docket No. 2103; and
that the employment of Touche Ross & Co., as rate consultants, and special legal
counsel as necessary, for the participating cities of the Port Arthur Service Area
Port Arthur, Groves, Port Neches, Nederland and Griffing Park) is hereby approved;
all costs and expenses to be shared by the cities in proportion to their respective
number of utility customers.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the
City of Nederland held on the 23 day of October, 1979•
HOMER NAGEL
Mayor
ATTEST:
ALTA FLETCHER
City Clerk
The foregoing resolution, including all the provisions thereof, is hereby
approved as to form and legality.
W. EVERETT SANDERSON
City Attorney
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve attendance and
expenses of four (4) Water Department employees to Unit I Water School in Orange
for 22 days commencing October 30th. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following
Amendment to Ordinance No. 107 providing for STOP sign at Youmans Drive where it
intersects with 31st Street. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON
THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND
FINES FROM ONE DOLLAR $1.00) TO TWO HUNDRED DOLLARS ($200.00) AND
REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT HE 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 and required stop signs.
NOW THEREFORE, BE IT `ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1 - STOP SIGNS
U6
Minutes Continued, October 23, 1979
A stop sign shall be erected on the following street at the avenue indicated. All
drivers of vehicles must come to a complete stop at such sign. '
STOP Youmans Drive at 31st Street
Section 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to com-
ply with the terms hereof shall -be deemed guilty of a misdemeanor, and shall on con-
viction thereof be fined any sum not less than $1.00 nor more than $200.00 and the
violation of each separate provision thereof shall,be considered a separate offense.,
Section-3 - REPEALING-CLAUSE-
Any and all Ordinances of the City of Nederland, Texas in conflict with any of the
provisions -of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas, on this the
23rd day of October, A. D., 1979.
H. E. NAGEL
Mayor, City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON _
City Secretary
A motion was made-by-Mr. Lee and seconded by Mr. Sawyer to advertise for bids to mow
and clean the list of lots and tracts as recommended by Fire. Marshal A. W. Sattler
and Assistant Fire Marshal Mark Cheney, bids to be received 6 :30 p.m., November 13,
1979. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve payment to Crawford
Construction Company, Estimate No. 1 and Final, Job No. 379 -60B, Airport/Viterbo ditch
sewer syphon, in the amount of $5,300.00;,approval of change order to Excavators and
Constructors contract for installation of 10" water line along 22nd and 23rd Streets
in the amount of $2,787.56. 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.
Mayor Nagel stated that it is necessary, in order to. facilitate the flow of traffic
within the City of Nederland that 27th Street be widened in certain areas. In some
of these areas, the City of Nederland does not have enough right -of -way to widen 27th
Street to the required width and it is necessary for the City of Nederland to obtain
this right-of-way. The officials for the City of Nederland have tried to negotiate with
the owners of two of these tracts but have not been able to come to terms; therefore, -.
it is necessary that condemnation proceedings be initiated concerning the following
described property:
97
Minutes Continued, October 23, 1979
15 feet for right -of -way out of Lot 4, Block 14, Range "H", adjacent to the Easterly
right -of -way line of 27th Street in the City of Nederland, described as follows:
For point of reference, the Northwest, corner of Lot 4, Block 14, Range ,'!H ",,Pert
Arthur Land Company Survey, Jefferson County, Texas, said point also being in the
centerline of a public Road known as 27th Street;
THENCE North 410 13' East along the Northerly line of Lot 4, Block 14, Range "H ", a
distance of 30 feet to a point on the Easterly right -qf -way line of 27th Street, said
point also being the Northwest corner of a tract of land deeded to Fellowship Baptist
Church;
THENCE South 480 47' East along and with the Easterly right-of-way of 27th Street a
distance of 536.52 feet to the POINT of BEGINNING of herein described tract or parcel
of land;
THENCE continuing South 480 47' East along and with the Easterly right-of-way line of
27th Street a distance of 225 feet, a point for corner;
THENCE North 410 13' East parallel to the Northerly line of Lot 4, Block 14, Range "H ",
a distance of 15 feet, a point for corner;
THENCE North 480 47' West parallel to the Easterly right-of-way line of 27th Street
a distance of 225 feet a point for corner;
THENCE South 410 13'- West parallel to the Northerly line of Lot 4, Block 14, Range "H ",
a distance of 15 feet to the PLACE or POINT OF BEGINNING, containing 0.0775 acre.
which is owned by Mid -County Professional Building Group; and,
Street right of way out of Lot 9, Block 4, Hillcrest Second Addition acres, to the
City of Nederland, Jefferson County Texas as lots appear by map of said addition on
record in the office of the County Clerk of Jefferson County, Texas.
For point of reference, the intersection of the Westerly boundary line of 27th Street
with the Northerly boundary line of FM 365, said point also being the point or place
of BEGINNING for herein described tract or parcel of land;
THENCE North 480 47' West along and with the Westerly Right-of-Way line of 27th Street
a distance of 212.02 feet, to a point for corner;
THENCE Southwesterly, parallel to the Northerly Right -of -Way line of FM 365, a distance
of 10 feet to a point for corner;
THENCE South 480 47' East, 10 feet from and parallel to the Westerly Right -of -Way line
of 27th Street, a distance of 212.02 feet, to a point for corner, said point also being
in the Northerly Right -of -way line of FM 365;
THENCE Northeasterly along and with the Northerly Right -of -Way line of FM 365 a distance
of 10 feet to the point or place for BEGINNING OF herein described tract or parcel of
land, containing 0.0486 acres.
which is owned by John Blackwell and Joe J. Fisher.
A motion was made by Mayor Nagel and seconded by Mr. Nugent that the City instruct the
City Attorney to initiate condemnation proceedings immediately on the two tracts of
land and the owners as read. All Voted Aye.
Minutes Continued, October 23, 1979
Discussion items Were as follows:
1. Stmt patching on Helena Avenue from 30th to Highway 69 and 27th Street from
Helena to Canal.
2. Violation of Ordinance No. 89 on corner of Avenue E and S -11th Street.
3. Check for ordinance violation,on 11th and Detroit involving poultry.
4. Meeting with School Board members concerning hiring of additional policeman for
patroling city and school facilities.
5. ' Nederland Avenue traffic problems being eliminated.
The meeting was adjourned at 7 :45 P.M.
lI. E. Nagel, Ma3dor
City of Nederland, Texas
ATTEST:
rl
1
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 13, 1979
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. E. T. Gillespie.
Member absent was Mr. Robert Sawyer.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of October 23, 1979, as written. All Voted Aye.
Mayor Nagel welcomed students and other persons to the City Council meeting as a
part of the "Youth in Government Day ".
David Luther, Optimist Club; Mr. Cook, Nederland High School Principal; and students
Frank McDonald and Mike Wood expressed their thanks to the City for giving them the
opportunity to see how a city runs.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a proclamation
proclaiming Thursday, November 15, 1979, as "Jack and Marie Fleming Day ". 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
Thursday, November 15, 1979
As
"Jack and Marie Fleming Day"
in the City of Nederland, Texas, and urge each and every citizen of our city to
recognize Jack and Marie Fleming's contribution in civic areas, and to salute them
for being honored at the Annual Civic Dinner for such outstanding community service
in behalf of their hometown - Nederland.
In testimony whereof, witness my hand and Seal of the City of Nederland this the
14th day of November, A. D., 1979.
ATTEST:
S /LADONNA ANDERSON
City Secretary, Acting
S /HOMER E. NAGEL
Mayor
City of Nederland, Texas
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the final plat of
Allan Meadow V commercial development. All Voted Aye.
Minutes Continued, November 13, 1979
A motion was made by Mr. Lee and seconded by Mr. Nagel to call a joint Public
Hearing with the Planning and Zoning Commission on December 4, 1979, at 6:30
p.m., for the consideration of rezoning of two parcels of land, one is a
triangular piece of property bounded by Hardy Avenue and 33rd Street being
Lot 10 Less (50') adjoining Lot 20, Block 1 of Hillcrest Second Acres from
residential to semi - residential and parking distract; the second parcel of
land is located at the corner of South 12 Street and Avenue "A" and being
Lot 41 of Doornbos Number 1 Addition from residential to semi - residential
and parking district. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to table action on
III (3) of the Planning and Zoning Commission Minutes of the November 12,
1979, special meeting which read "The third variance request is to be allowed
to deviate from underground electrical service as required by the ordinance and
utilize the conventional overhead electrical services as provided by Gulf
States Utility Company." The Building inspector will have more time to study
this further before action is taken. All Voted Aye.
Ms. J. Belaire, 3311 Omaha, was present to further discuss the stray dog
situation in her neighborhood. Chief Billy Neal suggested that she come
down to the station and file charges on the owners of the dogs that she
knew who they belonged to. She said she would be in to file charges.
Sealed bids were opened and read for mowing and cleaning of a list of lots and
tracts in accordance with Ordinance No. 78. Bidders were: Mark Redwine,
Cureton & Son, and G. S. Sturdivant.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bids for
mowing and cleaning of lots and tracts to Cureton & Son on their low bid
of $258.00. All Voted Aye.
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:
Lot
6 Elk 1 Tr 1 Hillcrest II
Lot
16 Elk
35 Wagner II
Lot
- Elk 1 Tr 3 Hillcrest II
Lot
9 Elk
34 Wagner II
Lot
10 -12 Elk 13 Johnson
Lot
2 Elk
6 J. M. Staffen
Lot
11 & 12 Elk 6 Wagner I
Lot
14 Elk
4 Burson
Lot
5 -7 Blk 5 Wagner i
Lot
19 -21
Elk 10 J. M. Staffen
Lot
13 Elk 14 Hillcrest I
Lot
7 -9 Blk
2 Ingwersen
Lot
8 & 9 Elk 5 J. M. Staffen
Lot
1 Blk
16 Rg F Tr 25 PALCO
Lot
1 Elk 3 J. M. Staffen
Lot
5 Elk
15 Rg E PALCO
Lot
23 Elk 11 Staffen
Lot
12 -19
Elk 3 Hazlip
1
1
C
Lot 3 Elk 3 Oakley
Lot 15 -17 Elk 12 Airport
Lot 6 Elk 17 Rg I Tr 4 PALCO
Lot 39 Blk 2 Hillcrest Terrace
Lot 62 & 63 Bluebonnett
have not complied with Ordinance 78;
,;
Gj
Minutes Continued, November 13, 1979
65' x 153.21' & rear Ij of 6 Elk 3 Cottage Grove
Lot 22 & 23 Elk 8 Airport
Lot 8 & 9 Elk 5 Airport I
Lot 3 Elk 28 Hillcrest I
Section 15 Tr 8 T & NO
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 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 Cureton & Son, to cut the weeds, grass and brush on the
herein described property for a total consideration of $258.00 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 13th day of November, 1979.
ATTEST:
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:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
Sealed bids were opened and read for labor and materials to remove and replace the
porch and exterior doors on the Windmill Museum. Bidders were: Ritter Lumber
Company and Basco Lumber Company.
A motion was made by Mr. Lee and seconded by Mr. Nugent to award the bid to Basco
Lumber Company with their low bid of $7,868.00 for redwood and $4,272.00 for alternate
using No. 2 treated pine. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a Resolution
casting ballots for directors of the Jefferson County Appraisal District and cast
60 votes for Charles Lankford, Jr. All Voted Aye.
n. ri
Minutes Continued, November 13, 1979
CITY OF NEDERLAND
A RESOLUTION
WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter
841, 1979, provides for establishing an Appraisal District which would
concern the City of Nederland; and,
WHEREAS, the Act provides that the Appraisal District shall be governed
by a Board of Directors to be chosen by the taxing units within the
district by a voting method set out in the Act; and,
WHEREAS, the Act provides for nomination of candidates for the Board
by the taxing units within the Appraisal District; and,
WHEREAS, the City of Nederland is desirous of having representation
on the Board of Directors of the Appraisal District; and,
WHEREAS, the Act entitles each taxing unit to vote and determine its
vote by resolution submitted to the county clerk before November 15;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Nederland in compliance with Senate Bill No. 621 hereby casts its
entire vote as follows:
Jack O. Bowser
0
Frank Dover
0
Ralph S. Grantham
0
Jeff Hayes
'
0
Charles Lankford, Jr.
60
John McDonald
0
James A. Smith, Jr.
0
SO RESOLVED, this the 13th day of November, 1979
ATTEST:
S /HOMER E. NAGEL
Homer 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:
S/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 approve an
Amendment to Ordinance No. 164 providing for regular meetings of the
City Council until April 8, 1980, in accordance with City Charter ,
(also changing a December 11th meeting to December 4th). All Voted Aye.
1
1
Minutes Continued, November 13, 1979
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM
DECEMBER 1, 1979, THROUGH APRIL 8, 1980.
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:
December 4, 18
January 8, 22
February 12, 26
March 11, 25
April 8
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 regular meeting this the 13th day
of November, 1979.
ATTEST:
S /HOMER E. NAGEL
Homer 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:
S /W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the time schedule
for actions providing for the annexation, including approval of Ordinance No. 326,
of an area north of Nederland including Nederland High School properties from
Canal Avenue west to the east boundary of Spurlock Road from the north boundary of
18th Street to the south boundary of Nederland Independent School District property
and along the L. N. V. A. canal to the north boundary of 27th Street to Canal Street
and including the property situated between 18th Street and the Gulf States Utilities
right -of -way adjacent to Canal Street; approve calling a Public Hearing on December
4, 1979, to get citizen input regarding this proposition. Mr. Lee, Mr. Nagel, and
Mr. Nugent Voted Aye. Mr. Gillespie Voted No.
TIME SCHEDULE
Annexing of Nederland High School and Private Property in that Area
Authorize Notice
of Public Hearing
November
13th
'
Publish Notice
of Public Hearing (PA News & Mid.Co. Review)
November
21st
Conduct Public
Hearing
December
4th
Read and Adopt
Annexation Ordinance
December
18th
Minutes Continued, November 13, 1979
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve an
Amendment to Ordinance No. 107 providing for "No Right Turn on Red" along 25th
Street where it intersects Nederland Avenue. 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
and required stop signs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Section 1 - SIGNS
A "No Right Turn on Red" sign shall be placed upon the red light at the
intersection of 25th Street at Nederland Avenue. It will be prohibited
for drives to turn right on a red light after stopping.
Section 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect
to comply with the terms hereof shall be deemed guilty of a misdemeanor, and
shall on conviction thereof be fined any sum not less than $1.00 no more than
$200.00 and the violation of each separate provision thereof shall be considered
a separate offense.
Section 3 - REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict with any
of the provisions of this ordinance are hereby expressly repealed.
PASSED AND APPROVED BY THE City Council of the City of Nederland, Texas, on
this the 13th day of November, A.D., 1979
ATTEST:
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
S /H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
S/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 approve an
agreement with Nederland Independent School District to provide for a City - School
guard. All Voted Aye.
Minutes Continued, November 13, 1979
STATE OF TEXAS X
COUNTY OF JEFFERSON X
AGREEMENT
On this 13th day of November, 1979, the City of Nederland and the Nederland
Independent School District have entered into the following agreement to -wit:
For in consideration of the sum of $1,566.75 (one time payment) plus an additional
sum of $456.25 on November 15, 1979, arl additional sum of $912.50 on the 15th of
each month thereafter during the term of this contract paid by Nederland Independent
School District to the City of Nederland, the City of Nederland hereby agrees to
furnish the following services to the Nederland independent School District to -wit:
One (1) guard and means of transportation to patrol and check the seven (7) schools
within the boundaries of the Nederland Independent School District.
City of Nederland hereby agrees to hold the Nederland Independent School District
harmless from any damages, either property or personal, that might arise as a
result of this contract.
The guard shall be under the supervision of the City of Nederland Police Chief and
his times and routes of patroling and checking shall be scheduled by the Police
Chief.
The guard shall begin his duties on November 15, 1979.
The term of this contract shall be one (1) month, and shall be automatically
renewed and extended for one (1) month periods. Either party may render this
contract null and void after one (1) month by giving written notice to the
other party.
Executed in original duplicate copies this 13th day of November, A.D., 1979.
S /HOMER E. NAGEL
City of Nederland, Texas
Mayor
ATTEST:
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Sec'y
City of Nederland, Texas
Nederland Independent School District
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award insurance
in accordance with bids received during the meeting of October 23, 1979, to
McNeill Insurance Agency of Nederland as recommended by the City Manager.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the
preliminary plans for the Nederland Recreation Center to be located in C. Doornbos
Park. All Voted Aye.
' Mr. Murphy Vaught of Moore, Stansbury & Vaught, submitted a change order for
Coastal Pools, Inc., an error was made in the construction of the deck - the
contract called for pea - gravel but the contractor thought we requested a "Kool
Deck" and he began putting the "Kool Deck" in before Mr. Vaught realized it.
There is no change in money and the contractor has guaranteed the "Kool Deck"
for ten (10) years and guaranteed the color, buff, for five (5) year.
Minutes Continued, November 13, 1979
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on
preliminary approval of plans for right -of -way along 27th Street between
Avenue "H" and Nederland Avenue., All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the
preliminary plans for drainage structures and appurtenances along 27th
Street from Lawrence to Canal Street and the area north of Nederland. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payments
under the Capital Improvement Program as follows:
a. Coastal Pools, Inc., Estimate No. 6, swimming pool and deck,
$24,968.73;
b. Bella Company, Job No. 378 -33P, 10th Street and Atlanta, Estimate
No. 4, $22,300.00;
c. Excavators & Contructors, Inc., Job No. 378 -39A, 22nd and
23rd Street, Estimate No. 2, $39,700.00; and,
d. Golden Triangle, Job No. 378- 47E15, Detroit and 11th Street,
Estimate No. 1, $31,900.00.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve advertisement
for bids to be received 6:30 p.m., December 4, 1979, for one (1) high pressure
hydraulic sewer cleaner. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the
payment of the bills for the month of October, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the Project
Schedule Resolution for the Step II Grant Facility Plan. All Voted Aye.
PROJECT SCHEDULE :RESOLUTION
WHEREAS, the City of Nederland has made application to Texas Department of
Water Resources and the Environmental Protection Agency for a Federal grant
pursuant to the Federal Water Pollution Contract Act Amendments of 1972, Public
Law 92 -500, and the rules and regulations thereto;
NOW, THEREFORE, BE IT RESOLVED by the above named applicant that the application
for which Federal grant assistance has been requested pursuant to the Federal
Water Pollution Control Act Amendments of 1972, Public Law 92 -500, will be
constructed to completion in accordance with the :Laws, rules and regulations
and with the following project schedule.
General Information
Date applicant's share of project
costs will be available
Date site(s) for project
facilities will be available
Date
Step 1 _
Step 2 _ Now
Step 3 1981
TAT -,.,
1
F
1
Step 3
A. Advertise for Construction Bids within 30 days after authorization to advertise
for bids as been issued.
B. Submit Bid Opening Documents within 30 days after authorization to advertise
for bids as been issued.
C. Award of Construction Contract within 10 days after authorization to award
contract has been issued.
D. Initiation of Construction within 30 days after the award of the contract.
E. Complete Construction within 730 days after initiation of construction.
BE IT FURTHER RESOLVED, that the above project schedule must be approved by the
Texas Department of Water Resources and the Environmental Protection Agency, and
Minutes Continued,
November 13, 1979
Project Schedule
Calendar Days
Step I - Not Applicable
A.
Infiltration /Inflow Analysis (with
Evaluation Survey Plan of Study
if required) completed and submitted
to State after Step I grant award.
days
B.
Infiltration /Inflow Evaluation
Survey (if required) completed
and submitted to State after
grant amendment for Survey
days
C.
Application for Water Control Permit
(if required) made no later that
after Public Hearing notice for
Facility Plan is issued.
days
D.
Final Environmental Assessment and
Facility Plan (including time for
draft reports, advertisements and
hearing) completed and submitted
to State
after Step I grant award.
days
Step
A.
User Charge System and Industrial Cost
Recovery System (if required) developed
and submitted to the State
90 days
after Step 2 grant award.
B.
Preliminary Plan of Operation (if required)
completed and submitted to the State
90 days
after Step 2 grant award.
C.
Final Plans and Specifications, completed
and submitted to State
170 days
Step 3
A. Advertise for Construction Bids within 30 days after authorization to advertise
for bids as been issued.
B. Submit Bid Opening Documents within 30 days after authorization to advertise
for bids as been issued.
C. Award of Construction Contract within 10 days after authorization to award
contract has been issued.
D. Initiation of Construction within 30 days after the award of the contract.
E. Complete Construction within 730 days after initiation of construction.
BE IT FURTHER RESOLVED, that the above project schedule must be approved by the
Texas Department of Water Resources and the Environmental Protection Agency, and
(? Minutes Continued, November 13, 1979
that once a project schedule has been approved, no changes will be authorized
without first receiving approval of the change from the Texas Department of
Water Resources and the Environmental Protection Agency.
PASSED, APPROVED AND ADOPTED this the 13th day of November, 1979.
ATTEST:
S /LADONNA ANDERSON
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
S /HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize Mayor Nagel
to sign the Step II grant application and supporting documents to be submitted
to Texas Department of Water Resources. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize
attendance and expenses for Gary Collins to Basic Fireman's Certification
School located at the Beaumont Fire Training Grounds, November 19, 1979,
through approximately January 23, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table an Executive
Session on matters pertaining to possible litigation. All Voted Aye.
1
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
necessary for implementation of City of Nederland improvements programs; ,
Article 6252 -17, V. A. T. S. All Voted Aye.
Discussion items were as follows:
1. Jim Zorn, 9th @ Boston, drainage is not running off and he is not sure
which direction it is suppose to run.
2. Mr. Carpenter, Avenue A, still having drainage problems - Mr. Bamber
stated that it is being taken care of.
3. Micheal Lovelady, fireman, quit the Fire Department and Byron Richards
has been hired in his place.
4. Bill Bridges, dispatcher, was hired as the City - School Guard and Joe
Arnold was hired as the new dispatcher.
5. Interviews for dog catcher will be Friday, November 16th, at 2 p.m.
6. Mid- County Municipal League meeting, December 6, 1979, at the Schooner.
The meeting adjourned at 11:10 pm
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
�SL�'�� / lMC�DR1QiY1�l '
LaDonna Anderson, Acting City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
�v
November 27, 1979
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. R. A. Nugent.
Members absent were Mr. Tom Lee, Jr., and Mr. Sam Gillespie.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the Minutes
of the previous meeting of November 13, 1979 as written. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve advertisement
for bids to be received 6:30 P. M., December 18, 1979, for banking institutions
to serve as depository for City of Nederland funds.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize advertise-
ment for bids to be received 6:30 P. M., December 18, 1979, for one one -half ton
pickup truck and one compact pickup truck. All Voted Aye.
Applications were received for permits for sale of alcoholic beverages for "on
premises consumption" in accordance with Ordinance No. 70 as follows:
American Legion Post 493, 922 Nederland Avenue; 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.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to accept applications
as submitted for permits under Ordinance No. 70 for "on premises consumption" of
alcoholic 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. Nagel and seconded by Mr. Nugent to table an Executive
Session on matters pertaining to possible litigation. All Voted Aye.
An Executive Session was held on matters pertaining to purchase of right -of -way
and properties necessary for implementation for City of Nederland improvements
programs in accordance with Article 6252 -17 V. A. T. S.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we authorize
proposals to be received from Appraisers for the right -of -way needed to widen
the pavement on the West side of S -27th Street from Nederland Avenue to Avenue H.
All Voted Aye.
Discussion items were as follows:
1. Street lights out: Lawrence & 30th Street, Helena & 31st Street.
2. Blinking timer on traffic lights along Twin City Highway.
3. Letter from Charles Lankford concerning Appraisal District.
4. Mid County Municipal League meeting December 6, 1979, 6:30 P. M., Schooner.
Minutes Continued, November 27, 1979
5. Christmas Parade to be December 4, 1979 at 4:00 P. M.
6. Postponement of Linda Dyes' lawsuit.
7. Poundmaster applicants.
8. Needed repairs on Helena Avenue.
The meeting was adjourned at 8:00 P.M.
H. E. Nagel, Mayoiy
City of Nederland, Texas
ATTEST:
df&2 2��
Alta Fletcher, City Secretary
City of Nederland, Texas
1-1
1
1.7]
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
December 4, 1979
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.
E. T. Gillespie. Mr. T. E. Lee, Jr. was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of November 27, 1979 as written. All Voted Aye.
A joint Public Hearing was conducted with the Nederland Planning and Zoning
Commission on a proposition to rezone two locations from residential to semi -
residential and parking district as follows:
1. Lot 10 Block 1 Hillcrest 2nd Acres; and
2. Lot 41, 42, and /or Lot 43 of Doornbos Addition No. 1
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the rezoning
of Lots 41, 42 and 43 of Doornbos Addition No. 1 from Residential to Semi - Residential
and Parking District as recommended by the Planning and Zoning Commission. All
Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the
recommendation of the Planning and Zoning Commission and rezone Lot 10, Block 1,
Hillcrest -2 Addition, from Residential to Semi - Residential and Parking District
and to approve the following Amendment to Ordinance No. 146 providing for the
rezoning of these properties 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 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:
Lot 10, Block 1, Hillcrest Second Acres Addition
more so defined as a triangular piece of property bounded by Hardy Avenue and
33rd Street, a 5.92 acre tract;
Lots 41, 42, and 43 of Doornbos Addition No. 1
more so defined as a parcel of land located at the corner of South 12th Street and
Avenue A.
Minutes Continued
December 4, 1979
SECTION 16
PENALTY FOR VIOLATION:
Any person, firm, or corporation violating any of the provisions
of this Ordinance of who shall fail to comply with any of the requirements hereof,
or who shall build 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 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 em-
ployed 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.
CFrTTONI l7
WHEN EFFECTIVE:
This amendment shall be effective from and after its passage and
publication as required by law.
PASSED, ADOPTED AND APPROVED THIS 4th DAY OF December, 1979.
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
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
A Public Hearing was conducted in accordance with State Law and the City Charter
for the purpose of instituting annexation proceedings of certain areas contiguous
with and north of Nederland including Nederland High School properties from Canal
Avenue West to the east boundary of Spurlock Road from the north boundary of 18th
Street to the south boundary of Nederland Independent School District property and
along the L.N.V.A. Canal to the north boundary of 27th Street to Canal Street and
including the property situated between 18th Street and the Gulf States Utilities
right -of -way adjacent to Canal Street in accordance with Ordinance #326.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the Public
Hearing on annexation proceedings as held with final action, including adoption
of Ordinance No. 326, to be on December 18, 1979. Mr. Gillespie voted No; Messrs.
Sawyer, Nagel, and Nugent Voted Aye.
A presentation was made of of requests for increase in natural gas rates within
the City of Nederland by Mr. Jim Pryor, Southern Union Gas Company.
C
1
113
Minutes Continued
December 4, 1979
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the request
' for rate increase for natural gas service within Nederland by Southern Union Gas
Company and to call a Public Hearing for 6:30 P. M., December 18, 1979, for the
purpose of acting on such request and to consider and take action on an interim
rate schedule to be effective until final rate action is taken. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the
following payments under the Capitol Improvement Program and to approve Change
Order providing for extension of time on completion of swimming pool at Doornbos
Park for Coastal Pools, Inc. from December 31, 1979 to February 28, 1980. All
Voted Aye.
a. Bella Company, Job No. 378 -33P, 10th Street and Atlanta, Estimate
No. 5, $6,600.00;
b. Excavators & Constructors, Job No. 378 -39A, 22nd and 23rd Streets,
Estimate No. 3, $37,000.00; and,
C. Coastal Swimming Pool, Inc., Estimate No. 7, swimming pool and
deck Phase IIB, $15,711.30.
Proposals were received from appraisors for appraisal of approximately fifteen (15)
5' to '15' wide tracts along the west side of 27th Street from Avenue "H" to
Nederland Avenue - right -of -way needed to widen the pavement. Proposals were
received from Donnie Jones & Associates, and Russell Avant.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the bid for
the appraisal of property nneded to widen the pavement on the west side of S -27th
Street from Nederland Avenue.to Avenue "H" to Russell Avant on the basis of their
low bid of a maximum of $3,000.00. All Voted Aye.
Sealed bids were received, opened, and read for high pressure pump sewer cleaning
device. Bidders were as follows: Dynamic Hydro Cleaners, $16,180.00; Naylor
Industries, $14,955.00; and Environmental Sales & Service, $15,002.00.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids for
high pressure pump sewer cleaning device 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. Nagel to designate Warehouse-
man /Pound Master classification at $6.85 per hour with payment of $3,848.00 per
year for extra Pound Master services; and Assistant Pound Master classification
for every other weekend, holidays, sick leave, and vacation relief and so forth
with payment of $1,924.00 per year; and to adopt the following amendment to
Ordinance No. 134 (Pound Ordinance). All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 134
AN ORDINANCE PROVIDING FOR LICENSING OF ALL DOGS WITHIN THE CORPORATE
LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING A FEE THEREFOR:
PROVIDING THAT ALL DOGS BE VACCINATED AGAINST RABIES; PROVIDING FOR A
CITY DOG POUND, AND PROVIDING REGULATIONS FOR ITS OPERATION; PROVIDING
' FOR THE APPOINTMENT OF A POUND MASTER, AND PRESCRIBING HIS POWERS AND
DUTIES; REQUIRING THE DETENTION OF DOGS HAVING BITTEN A PERSON; PRO-
VIDING AN OFFENSE FOR REMOVAL OF LICENSE TAG; PROVIDING AN OFFENSE FOR
DOGS RUNNING AT LARGE; REPEALING CONFLICTING ORDINANCES; PRESCRIBING
A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING A SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS:
Minutes Continued
December 4, 1979
SECTION 1.
It shall be unlawful for any person within the corporate limits of the city
of Nederland, Texas, to own, keep, possess, harbor, or to allow to remain upon
premises under his control, any dog, male or female, without having paid a license
therefor as hereinafter provided.
SECTION 2.
The fee for such license shall be as outlined in Section 5 per calendar year,
or portion thereof remaining to December 31st, for each dog, payable in advance.
All licenses shall expire December 31st of each calendar year.
SECTION 3.
No license shall be issued for any dog owned, kept, possessed, harbored, or
allowed upon the premises of any person and under his control unless said dog shall
have first been vaccinated against rabies by a veterinarian duly licensed to prac-
tice in the State of Texas within twelve (12) months prior to the issuance of such
license. There shall be delivered to the Pound Master of the City of Nederland,
Texas, prior to the issuance of such license a certificate signed by a veterinarian
duly licensed to practice within the State of Texas that said dog has been duly
vaccinated, giving the date of the vaccination therefor, and thereafter upon payment
of the fee provided herein, the Pound Master shall then issue license for said dog.
SECTION 4.
Upon payment of such license fee as provided herein, the City Pound Master
shall issue a receipt, license number and metal tag. The City Pound Master shall
keep a register of all licenses issued in which shall be entered the name of the
applicant, description of the dog, the numbers of the license and tag issued, and
the date of issuance and expiration. Such metal tag shall be attached to a
collar or harness of the dog for which issued, and worn by the dog at all times when
upon the streets, alleys, sidewalks, or public grounds of the City of Nederland;
provided that nothing in this section shall be construed as in any way excusing
• licensed dog from the restrictions imposed by Section 14 hereof. In the event
• dog tag is lost, a duplicate will be issued upon application for a fee of
twenty -five (254) cents.
SECTION 5.
It shall be the duty of each person owning, keeping, or having a person's
possession a dog within the corporate limits of the City of Nederland from the
effective date hereof unless a license fee for said dog has heretofore been paid
for the then current year. On or before January 1st of each succeeding year
hereafter every person owning, keeping, or having in possession a dog shall pay
an annual license fee of Fifty (504) cents on each dog, which license fee shall
be effective for the ensuing calendar year.
On or before January 1st of each succeeding year hereafter every person
owning, keeping, or having in possession an unspayed female dog shall pay an
Annual License Fee of Five ($5.00) Dollars on each unspayed female dog, which ,
license fee shall be effective for the ensuing calendar year. Satisfactory
evidence that an animal has been spayed shall be certification by a licensed
veterinarian or a sworn statement under oath by the owner, except those with a
certificate showing registration with an accredited kennel club, such as the
AKC, the fee shall be $.50.
Minutes Continued
December 4, 1979
SECTION 6.
I_ =,5
' The aforesaid provisions of this ordinance requiring a licensing of dogs shall
not apply to the following:
(a) Dogs under the age of six (6) months if kept within a sufficient enclosure.
(b) Dogs owned by, or in custody, or under the control of persons who are not
residents of the City of Nederland, traveling through said City or tempor-
arily so journeying therein for a period of not exceeding twenty (20) days.
(c) Dogs brought to said City exclusively for the purpose of entering same in
any dog show or exhibition, and which are actually entered in and kept at
said show for exhibition.
SECTION 7.
The City Manager shall appoint for a period to be terminated at his pleasure
a qualified person to act in the capactity of City Pound Master, whose duty it shall
be to see that the provisions of this ordinance are enforced. For his services
the Pound Master shall receive such compensation as shall be fixed by the City
Council. The Pound Master shall be deputized by the Mayor as a Deputy Police
Officer.
SECTION 8.
CHANGES AND AMENDMENTS:
It shall be the duty of the Pound Master, or any police officer of the City
of Nederland, Texas, to take up any dog or dogs found at large and confine such
dog or dogs in the City Pound for 120 hours during which time the owner or person
entitled to said dog, upon satisfactory proof to the Pound Master of ownership
may redeem his dog upon the owner taking the four (4) actions listed as 1 -4
following; and the Pound Master or any Police Officer of the City of Nederland,
Texas, shall retain such dogs for an additional 48 hours during which time such
dogs may be redeemed by any person upon that person taking the four (4) actions
listed as 1 -4 following;
1. Payment to the Pound Master of a pound fee of Two ($2.00) Dollars
for first time the dog is apprehended during any one calendar year.
OR
Payment to the Pound Master of a pound fee of Ten ($10.00) Dollars
for a second time the dog is apprehended during any one calendar year,
OR
Payment to the Pound Master of a pound fee of Twenty -Five ($25.00)
Dollars for a third time and each subsequent time the dog is
apprehended during any one calendar year;
AND
2. Signing of an affidavit by owner of said dog that sai person is the
owner and will accept all responsibility for any and all acts of said
dog while within the City of Nederland, stating owner's address,
indicating type of enclusre in which dog is to be housed, including
the current date of apprehension of dog and all previous dates during
that calendar year when same dog was apprehended;
116
Minutes Continued
December 4, 1979
3. Presentation of vaccination certificate by owner showing that said dog has
been vaccinated at some time during the previous twelve (12) months,
I
OR
Payment of Four ($4.00) Dollars to Pound Master as vaccination fee, for
which a receipt shall be issued and for which actual payment shall be made
by City to a Licensed Veterinarian of the State of Texas for rabies vacci-
nation of dog upon presentation of pre- issued receipt be Veterinarian that
he has provided this vaccination service;
SECTION 9.
As soon as possible after any dogs have been impounded at the City Pound it
shall be the duty of the Pound Master to post a notice at the entrance to the Dog
Pound describing each of said dogs, whether bearing a license tag or not. The
Pound Master shall include in said notice the date and time dog is scheduled to be
destroyed, by which time the dog must have been claimed, and retrieved by the
owner, in accordance with requirements of Section 8 of this Ordinance; or it shall
be the duty of the Pound Master to destroy the dog at that time, as set out in
Section 8, hereof, from the time and date of apprehension of dog.
SECTION 10.
The person entitled to the possession of any dog taken up and impounded as
provided herein, upon proper application within the time limits specified in this
Ordinance after the impounding of said dog, shall be entitled to have the dog
released to him; provided said dog is not affected or thought to be affected with
rabies; and further provided that the requirements of Section 8, hereof, have
been complied with. In the event the owner of any dog impounded fails to claim
said dog, it shall be the duty of the Pound Master to destroy the dog immediately
following the time as set out in Section 8, hereof, from the time and date of
apprehension of dog.
SECTION 11.
On or before the last day of each month the Pound Master shall render to the
City Manager a full statement of all dogs received into the Pound during said
month, showing the name of the owner, if known, the date when received, all of the
dogs redeemed, the date of redemption, all of those destroyed, all of the monies
expended by him during said month for the maintenance of said Pound; and he shall
attach to said statement a receipt of all such monies, and balance of fees shall
be deposited in City of Nederland General Fund by City Treasurer.
SECTION 12.
All fees and other monies collected by the Pound Master under the terms of this
Ordinance shall be paid into the General Fund of the City of Nederland by the Pound
Master through the City Treasurer.
SECTION 13. '
Should any person be bitten by any dog, and complaint be made, the person
responsible for said dog, if such person can be located, shall be notified to keep
said dog confined and under observation by a licensed veterinarian at veterinarian's
place of business for not less than ten (10) days after the person was bitten, and
IN
Minutes Continued
December 4, 1979
to release said dog only on written permission of the City Pound Master or his
authorized representative; and upon failure of the owner or person responsible
for said dog to comply with such notice, the Pound Master shall cause said
dog to be confined and placed under observation for said length of time in the
City Pound, or other location, at the expense of the owner or person responsible
for said dog. Said dog shall not be released until the owner or person responsible
for said dog shall have paid ($2.00) dollars for each day of said confinement and
observation, and any other actual expenses incurred for treatment or veterinary
fees; and, in addition, said dog shall not be released until all four (4) require-
ments of Section 8, hereof, have been met; and, should the owner or person responsi-
ble for said dog refuse to take such action, the dog shall then be destroyed.
The Pound Master, with the approval of the City Manager, is authorized to
cause the head of any dead dog, which dog is thought to have had rabies, to be
shipped to State Health Department facilities for examination if said dog has
bitten one or more persons and further provided that City expense for each entire
examination shall not exceed $30.00 for any one such examination,
OR
The Pound Master, with approval of the City Manager, is authorized to cause
the head of any dead dog, which dog is thought to have had rabies, to be shipped to
State Health Department facilities for examination if said dog has bitten another
animal other than a person and further provided that others participate to one -half
the total cost of same which participation by City shall not exceed $15.00 for any
one such examination.
SECTION 13A
Should any person be bitten by any cat, and complaint be made, the person
responsible for said cat, if such person can be located, shall be notified to keep
said cat confined and under observation by a Licensed Veterinarian at Veterinarian's
place of business for not less than ten (10) days after the person was bitten, and
to release said cat only on written permission of the City Pound Master or his
authorized representative; and upon the failure of the owner or person responsible
for said cat to comply with such notice, the Pound Master shall cause said cat to be
confined and placed under observation for said length of time in the City Pound,
or other location, at the expense of the owner or person responsible for said cat
shall have paid two ($2.00) dollars for each day of said confinement and observation,
and any other actual expenses incurred for treatment or veterinary fees.
The Pound Master, with the approval of the City Manager, is authorized to cause
the head of any dead cat, which cat is thought to have had rabies, to be shipped to
State Health Department facilities for examination if said cat has bitten one or
more persons and further provided that City expense for each entire examination
shall not exceed $30.00 for any one such examination,
OR
The Pound Master, with the approval of the City Manager, is authorized to cause
the head of any dead cat, which cat is thought to have had rabies, to be shipped to
State Health Department facilities for examination if said cat has bitten another
animal other than a person and further provided that others participate to one -half
of the total cost of same which participation by City shall not exceed $15.00 for
any one such examination.
Minutes Continued
December 4, 1979
SECTION 14. '
It shall be unlawful for any person to permit any dog owned, possessed, kept
or harbored by him to be at large within the corporate limits of the City of
Nederland, Texas, whether a license for such dog shall have been secured or not.
Any dog on the streets, alleys, or public places not under the control of owner
within said City shall be considered to be at large in violation of this section,
except a dog wearing the license tag issued to it and being under the control of
a person by means of a leash of sufficient strength to hold said dog.
SECTION 15.
It shall be unlawful for any person to remove any metal tag issued under the
provisions of this ordinance from any dog without the written consent of the owner
of such dog.
SECTION 16.
This Ordinance shall be and is hereby declared to be cumulative of all dog
Ordinances of the City of Nederland, Texas, and shall operate to repeal any other
Ordinances or Ordinances that are inconsistent or in conflict with the provisions
of this Ordinance. It is not the intent of this Ordinance that the City of Neder-
land assume any responsibility whatsoever for whatever acts of destruction, distur-
bance, or inconvenience, as may be caused by dogs within this City; but the intent
is to reduce the number of dogs at large and stray dogs without owners by enforce -
emnt of these rules and regulations, which will result in reducing the quantity
of dogs which may endanger the Public Safety - -as was the apparent objective of an
election held September 25, 1954, within the City of Nederland.
SECTION 17.
Should any section, provision or part of this Ordinance be declared to be
unconstitutional and void by the court of competent jurisdiction, such decision
shall in no way affect the validity of any of the remaining parts of this Ordinance,
except the part held unconstitutional or void or inseparable from the indispensable
to the operation of the remaining parts.
The City Council hereby declares that it would have passed those parts of the
Ordinance which are valid and omitted any parts which may be unconstitutional if
it had known that such parts were unconstitutional at the time of the passage of
this Ordinance.
SECTION 18.
The person responsible for enforcement of this Ordinance shall be on duty
during the daylight hours Monday through Saturday and on Sunday from 2 P. M.
until dark unless unusual circumstances cause emergency action at some other time.
SECTION 19.
Any person violating any of the provisions of this Ordinance shall be charged
with committing a misdemeanor and upon conviction shall be fined not less than
One ($1.00) Dollar nor more than One Hundred ($100.00) Dollars, as determined by
the Judge of Corporation Court of the City of Nederland.
710
Minutes Continued
December 4, 1979
This Ordinance shall take effect and be in full force and effect from and after
the date of its passage and publication, as provided by law.
PASSED by the City Council this 4th day of December, A.D., 1979.
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. Sawyer and seconded by Mr. Nugent to ratify the following
extension of an agreement with Big Three Industries providing for an industrial
district as originally adopted on June 26, 1973. All Voted Aye.
November 16, 1979
Big Three, Inc.
P. O. Box 4007
Beaumont, Texas 77704
Attention: Mr. H. R. Johnson
Re: Industrial District Agreement
Gentlemen:
This is to advise that the City Council of the City Nederland will consider and
take action during the meeting of November 27, 1979, a proposition to amend the
Industrial District Contract now nearing expiration with your company - to the
extent that this agreement be extended and /or amended as set out to follow:
1. That the basis for payment be revised such that your total
contribution for the year represented by January 1st taxable
year date be:
January 1, 1980 $24,635.25
January 1, 1981 27,098.78
January 1, 1982 29,808.66
2. That the agreement expire at time represented by January 1, 1982,
taxable year.
3. That all other terms and conditions of such Industrial District
Agreement remain in full force and effect for any and all purposes.
Minutes Continued
December 4, 1979
Please indicate that you agree with this action by signing and returning a copy
of this letter by November 26, 1979.
Sincerely,
D. B. HENSON
DBH /lra D. B. Henson
City Manager
CC: Mayor H. E. Nagel
Mrs. Alta Fletcher, City Tax A/C
Mr. W. E. Sanderson, City Attorney
ATTEST:
ALTA FLETCHER
ACCEPTANCE ACKNOWLEDGED ON THIS THE
29th day of November, 1979
H. R. JOHNSTON, SR.
Big Three, Inc.
Ratified by the City Council of the
City of Nederland this 4th day of
December.
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie authorizing attendance
and expenses of Randy Sonnier and Kenneth Spell to Texas A & M Extension School in
Orange, Texas, December 11 -13, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the following
agreement with the State Department of Highways and Public Transportation (Project
MV2033) providing for the widening of Nederland Avenue at 14th Street and at 21st
Street to enable a fifth lane. All Voted Aye.
MV203 (3)
3203 -20 -4
Jefferson County
STATE OF TEXAS X
COUNTY OF TRAVIS X
THIS AGREEMENT, made this 4th day of December, 1979, 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 Transpor-
tation Commission.
WHEREAS, the City desires the construction of curb, gutter, storm sewers and
incidental items within the limits in Nederland on Nederland Ave. at 14th Street ,
& 21st Street on Metropolitan Highway No. 180, which is solely the City's responsi-
bility 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
AN s -
Minutes Continued
December 4, 1979
estimated construction cost of this work is Thirty Nine Thousand Two Hundred and
No /100 Dollars ($39,200.00), 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. 75712, 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 Thirty Nine Thousand Two
Hundred and No /100 Dollars ($39,200.00), 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 Truct 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. 75712, 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.
CITY OF NEDERLAND
STATE OF TEXAS
Party of the First Part
STATE HIGHWAY AND PUBLIC
TRANSPORTATION COMMISSION
By:
H. E. NAGEL
Party of the Second Part
Mayor
Certified as being executed for the
By:
ROBERT D. SAWYER
purpose and effect of activating and/
Member of City Council
or carrying out the orders, established
policies, or work programs heretofore
By:
R. A. NUGENT
approved and authorized by the State
Member of City Council
Highway and Public Transportation
Commission:
By:
E. T. GILLESPIE, JR.
Member of City Council
By:
Asst. Engineer- Director Under
By:
ALTA FLETCHER
authority of Commission Minute 70104
City Secretary
Recommended for execution:
(State) Director, Finance
?22
Minutes Continued
December 4, 1979
WHEREAS, in JEFFERSON COUNTY, the City of Nederland has requested assistance
in construction of turning lanes on Nederland Avenue at 14th Street and 21st
Street; and
WHEREAS, Nederland Avenue is included in the Urban System; and
WHEREAS, it is the desire of the State Department of Highways and Public
Transportation to assist the City of Nederland in such work;
NOW, THEREFORE, the Engineer- Director is directed to tender the following
proposal to the City of Nederland:
Provided the City will maintain all of the work constructed as part of the
project and agree to regulate traffic and prevent encroachment on the right of
way, the State Department of Highways and Public Transportation will, subject
to the availability of Federal -aid Urban System funds and the eligibility of the
proposed work for financing with said funds:
1. Prepare construction plans and specifications.
2. Provide for construction of turning lanes at an estimated cost of
$95,000.00 as authorized in the 1979 -1980 Urban System Program.
Upon acceptance of the provisions of this Order by the appropriate officials
of the City of Nederland, the Engineer- Director is directed to enter into any
necessary agreements with the City Covering the details of the proposed improve-
ments, to proceed with the engineering development of the project and with construc-
tion in the most feasible and economical manner.
This Order shall become operative upon acceptance by the City of Nedelrand
and if not accepted within 90 days of the date hereof, the action herein contained
shall be automatically cancelled.
Minute No. 75712
April 26, 1979
COPY
"EXHIBIT A"
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize application
for "701" Assistance Grant through Texas Department of Community Affairs for solid
waste disposal planning and update of water system plan. 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 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. Update listing of Department Heads.
2. Drainage project on Detroit Avenue. I
3. Regional Planning Comm. meeting to be 12/12/79 at 7:30 P. M. in Orange, Texas.
4. Mid County Municipal League meeting to be 12/6/79 at 6:30 P. M.
,ft da Ah
1
LI
5. Boss' Night to be 12/11/79 at Brad Hall, 6:30 P. M.
6. Annexation and related matters.
The meeting was adjourned at 10:15 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
aL — AL
Minutes Continued
December 4, 1979
H. E. Nagel, Maymr
City of Nederland, Texas
�r I it
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND ,
December 18, 1979
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. E. T. Gillespie was absent.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the Minutes
of the previous meeting of December 4, 1979, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following
Resolution of Appreciation of Mr. Kenneth Whelply, Nederland Postmaster since
July 10, 1953. All Voted Aye.
RESOLUTION OF APPRECIATION
WHEREAS, outstanding public service has been rendered to the City of Nederland,
Texas and the citizens thereof by
MR. KENNETH WHELPLY
who has faithfully served as Nederland Postmaster since July 10, 1953; and,
WHEREAS, he has always cooperated with efforts of the City Council and City Officials
and has given generously of his time and efforts; and,
WHEREAS, the Nederland City Council desires to pay tribute to Mr. Kenneth Whelply:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland,
recognize and acknowledge this outstanding contribution and hereby extend
to Mr. Whelply an expression of gratitude and esteem for his serving the
community faithfully and well, and its best wishes for good health, success
and prosperity for many years to come.
PASSED AND APPROVED, by the City Council of the City of Nederland, Texas, at a
Regular Meeting held the 18th day of December, A. D., 1979.
H. E.
NAGEL
R.
D.
SAWYER
H. E.
Nagel, Mayor
R.
D.
Sawyer, Councilman
ATTEST:
T.
E.
LEE, JR.
T.
E.
Lee, Jr., Councilman
ALTA
FLETCHER
Alta
Fletcher, City Secretary
R.
A.
NUGENT
R.
A.
Nugent, Councilman
D. B.
HENSON
SAM GILLESPIE
D. B.
Henson, City Manager
Sam Gillespie, Councilman
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to accept the 1978 -1979
fiscal year annual audit as presented by Mr. James E. Neushafer, Certified Public
Accountant of Beaumont, and to authorize payment therefor. All Voted Aye. I
A Public Hearing was conducted in accordance with State Law and Article 14 of the
City Charter on a proposal to amend natural gas rates as presented by Southern
Union Gas Company in February, 1979, a continuation of the Public Hearing commenced
during the meeting of July 10, 1979.
December 18, 1979
Minutes Continued
A motion was made by Mr. Lee and seconded by Mr. Nagel that we adopt the following
Ordinance #327, an ordinance establishing interim rates for Southern Union Gas
Company upon statement of intent, dated December 3, 1979, to change rates in
Company's Port Arthur service area; and to adopt the following Ordinance No. 328,
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 conflict-
ing ordinances. All Voted Aye.
ORDINANCE NO. 327
AN ORDINANCE ESTABLISHING INTERIM RATES FOR SOUTHERN
UNION GAS COMPANY UPON STATEMENT OF INTENT, DATED
DECEMBER 3, 1979, TO CHANGE RATES IN COMPANY'S PORT
ARTHUR SERVICE AREA.
WHEREAS, Southern Union Gas Company has filed its Statement of Intent,
dated December 3, 1978, to change the rates in the Company's Port Arthur Service
Area, which includes the City of Nederland and environs area, to become effective
Tuesday, January 8, 1980, and which does not constitute a major change in rates,
as defined in Section 43 (b) Article 1446c, V.A.T.S.; and,
WHEREAS, the City Council of the City of Nederland after study and consid-
eration, and based on the testimony filed on behalf of the Cities of the Port
Arthur Service Area in G.U.D. No. 2103 consolidated, pending before the Railroad
Commission of Texas, has determined that good cause is shown for the allowance of
interim rates pending a final determination of rates by the City Council; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
Section 1. That an interim increase in the rates, tariffs and charges of
Southern Union Gas Company for natural gas service sold within the City be approved
in an amount such that the adjusted total Port Arthur Service Are (comprised of
the City of Port Arthur, Griffin Park, Groves, Port Neches, Nederland, and environs)
operating revenues for the Company be increased $451,476.00 per annum, based on
the adjusted year ending September 30, 1979. Such Schedules of Rates, as are
approved in accordance herewith are set out in Exhibits being attached hereto
and made a part hereof, and designated General Service Rate, Special Contract
School Rate, and Special Rate Adjustment Rider No. 1 and Rider No. 2,
Such schedules of Rates are those under which said Company shall be authorized to
render natural gas service and to collect charges from its customers for the sale
of natural gas within the corporate limits of the City until final determination
of rates by the City Council.
Section 2. 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
supplied after December 18, 1979.
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, an interim
determination of rates for Southern Union Gas Company within the City of Nederland
in accordance with Section 32 (b) of the Public Utility Regulatory Act.
Section 4. Nothing in this Ordinance contained shall be construed now or
hereafter as limiting or modifying, in any manner, the right and power of the City
under the law to regulate the rates and charges of Southern Union Gas Company.
-r n
Minutes Continued, December 18, 1979
Section 5. All Ordinances and parts of Ordinances in conflict herewith
are hereby expressly repealed to the entent of the conflict.
Section 6. This being an Ordinance not requiring a penalty, it shall
take effect from and after its passage.
READ, ADOPTED, AND APPROVED this 18th day of December, 1979, at a Regular
Meeting of the City Council of the City of Nederland, Texas, by the following
voted: AYES: Mayor H. E. Nagel, Councilmen R. D. Sawyer, T. E. Lee, Jr., and
R. A. Nugent. NOES: None
ATTEST:
ALTA FLETCHER
City Secretary
APPROVED AS TO FORM:
W. E. SANDERSON
City Attorney
H. E. NAGEL
Mayor of the City of Nederland
APPROVED FOR ADMINISTRATION:
D. B. HENSON
City Manager
ORDINANCE NO. 328
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 dated December 3, 1979, 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 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 Rates. That the Company is hereby authorized
to place in effect, beginning with its first billing cycle after January 8, 1980,
the following schedule of rates for customers, to -wit:
RATE SCHEDULE 71- GENERAL SERVICE RATE (Attached hereto)
RATE SCHEDULE 73- OPTIONAL AIR CONDITIONING RATE (attached hereto)
RATE SCHEDULE 74 -LARGE VOLUME SERVICE RATES (attached hereto)
RATE SCHEDULE 76- SPECIAL CONTRACT SCHOOL RATE (attached hereto)
SPECIAL RATE ADJUSTMENT RIDER NO. I and II
Section 2. All Ordinances or parts of Ordinances and amendments which are
in conflict herewith are to the extent of such conflicts only expressly repealed.
The Ordinance setting Interim Rates passed December 18, 1979 shall no longer be
effective after January 8, 1980.
Section 3. The rates provided herein are authorized as maximum rates and may
be applied as to deliveries and sales of natural gas for use during all the monthly
billing periods of the supplier commencing after the effective date of this Ordinance.
1
1
t
Minutes Continued, December 18 1979
Section 4. The meters of customers shall be read regularly at intervals
of approximately one (1) month, and the term "month" means a period of approxi-
mately thirty (30) days intervening between two consecutive meter reading dates;
provided, if service is voluntarily discontinued by the customer or is discon-
tinued for nonpayment of bills between meter reading dates, then the term "month"
shall mean the period between the last meter reading date in regular course of
business and the date of business and the date of such discontinuance.
Section 5. 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 State of Texas to regulate the rates charged by the Company,
its successors or assigns, for service within the City of Nederland.
Section 6. This being an Ordinance not requiring a penalty, it shall
take effect from and after its passage.
READ, ADOPTED, AND APPROVED this 18th day of December, A. D., 1979, at a
Regular Meeting of the Council of the City of Nederland, Texas, by the following
vote: AYES: Mayor H. E. Nagel, Councilmen R. D. Sawyer, T. E. Lee, Jr., and
R. A. Nugent. NOES: None.
ATTEST: H. E. NAGEL
Mayor
ALTA FLETCHER
City Secretary
APPROVED AT TO FORM:
W. E. SANDERSON
City Attorney
Sealed bids were received, opened, and read for depository of City of Nederland
funds from January 1, 1980 - December 31, 1980, in accordance with State Statutes.
Nederland State Bank was the only bidder.
A motion was made by Mr. Nagel 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, 1980 - December 31, 1980, in accordance
with following proposal. All Voted Aye.
Mayor Homer E. Nagel
and City Councilmen
City of Nederland, Texas
1400 Boston Avenue
Nederland, Texas 77627
Gentlemen:
We hereby place our bid as Depository for funds of the City of Nederland,
Texas, for the period beginning January 1, 1980, and ending December 31, 1980.
As Depository for the City of Nederland we would offer you the following services:
1. We will secure all deposits by F.D.I.C. Insurance which includes
$40,000.00 on the General Fund, $40,000.00 on the Interest and
Sincking Fund and $100,000.00 additional coverage on Time Deposits.
The balance of your deposits that are not insured by F.D.I.C. would be
secured by pledges of U. S. Treasury Securities and Municipal Bonds that
meet your approval.
Minutes Continued, December 18, 1979
2. As the need arises we will purchase U. S. Treasury Bills for the City at
no cost for safekeeping or purchase. ,
3. We will make bond and coupon payments for the City at no cost. Addition-
ally, we will be happy to serve as paying agent for the City should this
service be required.
4. We will provide free Safe Deposit Service and Night Depository service if
needed.
5. We will furnish all deposit slips, checks, coin wrappers, bank bags, and
any other supplies necessary to carry on the financial business of the City.
6. There will be no service charges for maintenance of depository accounts.
7. As the need arises we will issue Certificate of Deposits at rates equal to
one -half (1$) per cent above the Treasury Bill rate on Certificates of
$100,000.00 or more, and at maximum legal rates on those less than $100,000.00.
8. We will provide short term loans at one -half (�) the prevailing prime rate
at that time, and on loans for more than one year, at rates equal to the pre-
vailing bond rates.
9. We will be glad to work with the City relative to any financial service that
might be needed that is not covered in this proposal.
We propose to provide you with the same service you are accustomed to receiving.
We wish to express our sincere appreciation for the priviledge of serving as
Depository for the City in the past years.
REG /rb
Sincerely,
R. E. GRAY
R. E. Gray
President
A motion was made by Mr. Lee and seconded by Mr. Nagel to adopt the following Ordinance
No. 329, an ordinance authorizing a contract and agreement establishing an Industrial
District over certain territory of Sunoco Terminals, Inc. establishing the valuation
of certain property of Sunoco Terminals, Inc., and method of taxation thereof;
providing details related thereto; and containing provisions relating to the
subject. All Voted Aye.
ORDINANCE NO. 329
AN ORDINANCE AUTHORIZING A CONTRACT AND AGREEMENT ESTABLISHING AN INDUSTRIAL DISTRICT OVER
CERTAIN TERRITORY OF SUNOCO, TERMINALS, INC., ESTABLISHING THE VALUATION OF CERTAIN PROPERTY
OF SUNOCO TERMINALS, INC., AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RELATED THERETO;
AND CONTAINING PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the Mayor and City Council of the City of Nederland, Texas, and Sunoco, Terminals,
Inc., are mutually desirous of entering into a contract establishing an Industrial
District over certain property owned by Sunoco Terminals, Inc., under authority
of Article 970a of the Revised Civil Statutes of Texas; and,
WHEREAS, this City Council deems it desirable that said City enter into an agreement
in writing establishing an Industrial District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
r1
129
Minutes Continued
December 18, 1979
SECTION 1:
That the Mayor, The City Council, and the City Secretary of the City
of Nederland, Texas, are hereby authorized to execute an agreement in writing
with Sunoco Terminals, Inc., which agreement shall be in substantially the
following form:
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
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 and members of the
City Council, and Sunoco Terminals, Inc., a Delaware corporation with permit
to do business in Texas, and its subsidiaries or assigns, hereinafter called
"Company ";
WITNESSETH THAT:
WHEREAS, Company is the owner of the property described in paragraphs
I and II; and,
WHEREAS, the City and the Company acknowledge the existence of Ordinance
Numbers 170 and 172 annexing a portion of Company's property to City as described
in paragraph I; and,
WHEREAS, the City and the Company recognize that an Industrial District
Agreement establishing an Industrial District within that portion of Company's
property described in paragraph II has been in existe -nce since March 20, 1961,
as renewed and revised December 12, 1972, and as renewed and revised December 16,
1975, and as revised December 27, 1976; and,
WHEREAS, City and Company wish to continue such agreement, with alter-
ations as included herein and in instances of conflict, this document shall
govern for any and all purposes, for an additional period. of time; and,
130
Minutes Continued
December 18, 1979
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 within its extra - territorial juris-
diction as an Industrial District and grants to City the right and power to
enter into an agreement with Company to guarantee the continuation of the extra-
territorial status of the hereinafter described real estate of Company for a
length of time not to exceed seven (7) years.
NOW, THEREFORE, in consideration of the mutual convenants and agreements
herein contained, the sufficiency of which is acknowledged by both the City and
the Company, it is agreed by and between the City and the Company as follows:
I.
City and Company agree, and City hereby affirmatively finds, that
the following described real estate was annexed to City by Ordinances Nos.
170 and 172: '
(1) BEGINNING at a corner of Nederland City Limits
on the east right -of -way line of Kansas City Southern
Railroad property at a point between Lots 4 and 5
Block 17, Range F, as described in Proposed Home Rule
Charter for the City of Nederland dated January 29,
1955, Article 1, Section 1.03;
THENCE North 510 47' 27" West 496.25 feet with the
east right -of -way line of Kansas City Southern
Railroad to the west corner of Sun Oil Company's
Nederland Tank Farm property;
THENCE North 50 02' 01" East 906.81 feet to a point
for corner in a fence line;
THENCE South 770 00' 37" West 527.81 feet with said
fence to a point for corner, said corner being the
P. C. of a 60 12' 06.92" curve to right;
THENCE with said curve 492.58 feet to the P. T.
of curve;
THENCE North 630 04' 29" West 196.37 feet to a point ,
for corner in the east right -of -way line of said
Kansas City Southern Railroad property;
THENCE North 470 47' 38" West 3075.01 feet to the
west corner of said Sun Oil Company property;
THENCE North 260 58' 36" East 2395.97 feet to the north
corne �f said Sun Oil Company property on the Government
west night -of -way line of Neches River Cutoff;
THFNCE South 740 32' 00" East 2101.04 feet with the
..._d Government west right -of -way line of Neches River
Cutoff to a point;
THENCE with the West bank of Neches River as follows:
South 700 56' 37" East 930.00 feet;
North 840 42' 41" East 944.20 feet to the
east corner of said Sun Oil Company
property in the west line of the Pure
Oil Company property;
THENCE South 30 48' 27" East 100.03 feet with the east
' line of said Sun Oil Company property to a point for
corner for said 100 foot strip;
THENCE South 840 42' 41" West 963.18 feet to a point;
THENCE North 700 56' 37" I -lest 948.44 feet to a point;
THENCE North 740 32' 00" F7ast 2016.23 feet to a point;
'HENCE
North
420
02'
05"
East
563.59 feet to
a point;
'
THENCE
South
690
26'
35"
East
421.88 feet to
a point;
feet to
THENCE
North
520
09'
00"
East
2528.10 feet to
a point;
2601.13
';: >iNCE
North
320
42'
52"
East
3279.44 feet to
e. point;
THENCE North 260 58' 36" East 2395.97 feet to the north
corne �f said Sun Oil Company property on the Government
west night -of -way line of Neches River Cutoff;
THFNCE South 740 32' 00" East 2101.04 feet with the
..._d Government west right -of -way line of Neches River
Cutoff to a point;
THENCE with the West bank of Neches River as follows:
South 700 56' 37" East 930.00 feet;
North 840 42' 41" East 944.20 feet to the
east corner of said Sun Oil Company
property in the west line of the Pure
Oil Company property;
THENCE South 30 48' 27" East 100.03 feet with the east
' line of said Sun Oil Company property to a point for
corner for said 100 foot strip;
THENCE South 840 42' 41" West 963.18 feet to a point;
THENCE North 700 56' 37" I -lest 948.44 feet to a point;
THENCE North 740 32' 00" F7ast 2016.23 feet to a point;
THENCE
South
260
58'
36"
West
2319.30
feet to
a point;
THENCE
South
320
42'
52"
West
3301.58
feet to
a point;
THENCE
South
520
09'
00"
West
2601.13
feet to a point;
THENCE
North
690
26'
35"
West
409.66
feet to
a point;
THENCE
South
420
02'
05"
West
395.77
feet to
a point;
THENCE
South
470
47'
38"
East
2975.36
feet to
a point;
THENCE
South
630
54'
06"
East
153.71
feet to
the P. C.
of a 6
57' 18.7"
curve
to left.
THENCE
with said
Curve
439.24
feet to
the P.
T. of curve;
THENCE
North
770
00'
37"
East
665.50
feet to
a point;
THENCE
South
50 02'
01"
West 990.42 feet to a
point;
It7�
THENCE South 510 47' 27" East 542.15 feet to a point;
THENCE South 380 12' 33" West 100.00 feet to a point
in the east right -of -way line of Kansas City Southern
Railroad property same being on the east line of ,
Nederland City Limits;
THENCE North 510 47' 27" West 100.00 feet with said
e <,st right -of -way line of Kansas City Southern Railroad
property to the place of beginning.
(2) BEGINNING at a point being the intersection of
the Southeastwardly line of Block 17, Range D, Port
Arthur Land Company subdivision and the south right -
of -way line of State Highway F. M. 366;
THENCE along the south right -of -way line of State
Highway F. M. 366 South 780 44' West to a point; said
point being 25 feet at right angles from the southeast
line of Block 17, Range D of the Port Arthur Land
Company subdivision;
THENCE South 360 37' west to a point which is 25 feet
distant measured southerly at right angles from the
south right -of -way line of State Highway F. M. 366;
THENCE north 75o 44' east parallel to and 25 feet
distant from the south right -of -way line of State
I ?ighway F. M. 366, to an intersection with the present
Nederland City Limits;
THENCE Northerly alongthe present Nederland City
limits 25 feet more or less to an intersection with
the south right -of -way line of State Highway F. M.
366; said point being a corner of the present Nederland
City Limits;
THENCE alongthe south right -of -way line of State
Highway F. M. 366 south 7EP 44' west to the place of
beginning,
SAVE AND EXCEPT that portion of the foregoing land'
lying within Highway 366 and said Railroad.
II.
City and Company further agree, and Company hereby requests,
that the following described real estate shall, after the effective date
of this agreement, continue within the extra - territorial jurisdiction of
City, as the term is used in Article 1 of Chapter 160, Page 447, Acts of '
the 59th Legislature of Texas, 1963, and that the extra - territorial juris-
s
diction e Cit•r shall expand to and comprise all of the ter.:.'.' ry here-
' inafter describe(, _.Lwithstanding the fact that the extra - territorial
jurisdiction of City may be extended beyond the distance limits imposed by
Subsection A. of Section 3 of Article 1, Chapter 160, Page 447, Acts of
the 58th Legislature of Texas, 1963, to -wit:
(1) BEGINNING at the West corner of Sun Oil Company's
property, same being in the east right -of -way line of
Kansas City Southern Railroad property;
Tn.NCE Nort't 420 02' 05" East 563.59 feet to a point;
THENCE South 690 26' 35" East 421.88 feet to a point;
THENCE North 520 09' 00" East 2528.10 feet to a point;
THENCE North 320 42' 52" East 3279.44 feet to a point;
"NCE North 260 58' 36" East 2395.97 feet to the north
ner of said Sun Oil Company property on the Govern-
ment west right -of -way line of Neches River Cutoff;
THENCE South 740 32' 00" East 2101.04 feet with the
said Government west right -of -way line of Neches River
Cutoff to a point;
THENCE with the west bank of Neches River as follows:
South 700 6' 37" East 930.00 feet;
North 840 42' 41" East 944.20 feet to the
east corner of said Sun Oil Company property
in the west line of the Pure Oil Company
property;
THENCE South 30 48' 27" East 952.63 feet to a point for
corner;
THENCE South 380 25' 16" West 8634.90 feet to a point
for corner;
THENCE South 580 05' 01" West 342.82 feet to a point
for corner;
THENCE South 770 00' 37" West 963.50 feet to a point
for corner, said corner being the P. C. of a 60 12'
06.92" curve to right;
' THENCE with said curve 492.58 feet to the P. T. of curve;
H4
THENCE North 630 04' 29" West 196.37 feet to a point
for corner;
THENCE North 470 47' 38" West 3075.01 feet to the place
'
of beginning.
(2) BEGINNING at the West corner of Sun Oil Company's
Nederland Tank Farm property, same being in the East
rir"!t -of -way line of Kansas City Southern Railroad
property;
THENCE North 50 02' 01" East 790.50 feet to a point;
THENCE North 760 45' 01" East 635.0 feet to a point;
THENCE North 780 03' 01" East 2240.0 feet to a point;
THENCE North 780 48' 58" East 1910.53 feet to a point
for the north corner of said Sun Oil Company property;
THENCE South 30 30' 00" East 749.70 feet to a fence
corner for the east corner of said Sun Oil Company;
THENCE South 850 09' 36" West 156.60 feet along said
fence to a corner;
THENCE South 370 16' 47" West 2131.24 feet along said
fence to the south corner of said Sun Oil Company
property;
THENCE North 530 20' 42" West 1620.23 feet to a point
in a fence line for corner;
THENCE South 360 14' 54" West 1506.54 feet to a point
for corner in the east right -of -way line of said
Kansas City Southern Railroad;
THENCE North 510 47' 27" West 1516.02 feet along the
said east right -of -way line of Kansas City Southern
Railroad property to the place of beginning,
SAVE AND EXCEPT the territory described in Paragraph I .
hereof which was annexed to the City of Nederland by
Ordinance Nos. 170 and 172.
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 and the compensation paid to City by Company for
the value to Company of City establishing the Industrial District described in
Minutes Continued
December 18, 1979
paragraph II shall be as specifically set out in paragraph IV (B) . It is spec-
ifically agreed and understood by the City and the Company that this agreement
shall not affect the validity of Ordinance Nos. 170 and 172 annexing the territory
described in paragraph I hereof to City, each party recognizing that such
ordinances are in full force and effect.
City further agrees during the term of this Agreement, that without
the written consent of Company, it will not disannex the territory described
in 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 or expansion 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 Acts of 1963, Chapter 160,
Page 447, Acts of the 58th Legislature of the State of
Texas 1963;
(3) The annexation of any of the territory described in
Paragraph II by any city, town, or village now in existence
or which may be hereafter created under the laws of the
State of Texas by a trade of such extraterritorial area to
another governmental entity as permitted by said Municipal
Annexation Act of 1963.
IV.
(A) During the term of this agreement, Company will pay ad valorem
taxes to the City on that part of its property which was annexed to City by,
Ordinances Nos. 170 and 172 in accordance with the Constitution and Laws of
the State of Texas and the City, a political subdivision thereof.
Minutes Continued, December 18, 1979
It is specifically agreed that Company will render and the City,
through its authorized officers or representatives, will assess Company's
property which lies within the corporate limits of City at such a value as
will make taxation within the limits of said City equal and uniform under the
Constitution and Laws of the State of Texas.
(B) For and in consideration of the agreement to designate the
territory described in Paragraph II hereof as an Industrial District, and 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 (X) to City commencing the January 1, 1980, tax year, such
total payment for each tax year, during the seven (7) year period, as follows:
January
1,
1980
$ 87,680.25
January
1,
1981
96,448.28
January
1,
1982
106,093.11
January
1,
1983
116,702.42
January
1,
1984
128,372.66
January
1,
1985
141,209.93
January
1,
1986
155,330.92
The total compensation to City by Company identified as Payment "X"
in this subsection (B) during the contract period will be $831.837.57.
For and in consideration of the agreement to continue the designation
of the territory described in Paragraph II hereof as an Industrial District to
the maximum time permitted by law, and other terms of this Agreement, Company
agrees to pay to City an additional payment "Y" to Payment "X" specified in
this subsection (B). The additional payment "Y" made by Company to. City.shall
be compensation and consideration for capital improvements made during the
duration of this contract by the Company within the Industrial District described
in Paragraph II hereof, and said payment shall be based upon the total invest-
ment capital placed by the Company in capital improvements within the Industrial
District (Paragraph II) commencing with and occuring during the 1980 calendar
year and continuing during each calendar year thereafter during the duration of
10/
Minutes Continued, December 18,1979
this contract and the total so concluded shall be termed the "Total Capitalized
Value" for the purposes of determining the payment "Y ".
The total capital improvements, "The Total Capitalized Value" shall be
determined -by the City's Tax - Assessor /Collector or other agent /entity duly desig-
nated by the City Council as its taxing agent and such City's Tax - Assessor /Collector
or other agent /entity is hereby authorized by the Company to inspect and /or verify
the bookkeeping records of the Company for the purpose of ascertaining the capital
)vemE......, _ de during each specific calendar year. The total investment in
capital improvements made within the Industrial District as determined by the City's
Tax- Assessor /Collector or agent /entity may be appealed by the Company in writing to
the City Board of Equalization, or its successor and other relief sought according
to State of Texas Tax Law.
Upon final determination of capital improvements made during each calendar
year commencing with the 1980 calendar year (January 1, 1981, Tax Year) "The Total
Capitalized Value" shall be reduced by 258 in recognition of certain municipal services
provided by the Company for itself and facilities /properties "The Total Capitalized
Value" shall be taxed at the same assessment rate and tax rate that all property located
within the City of Nederland, is taxed for that particular tax year, and Company shall
pay City the amount so determined in addition to payment "X ". It is the
intent of the City and the Company that each capital improvement total "Total
Capitalized Value" for each calendar year be carried forward to all succeeding
years after having esculated the total sum by 108 per year.
Example: Assuming a 258 assessment and $1.62 tax rate and that capital
improvements "Total Capitalized Value" during the 1980 calendar year were
determined to be $10,000,000.00 and assuming a 1008 assessment and $.40 tax
rate and that capital improvements "Total Capitalized Value" during the 1981
calendar year were determined to be $15,000,000.00, and assuming a 1008
assessment and $.40 tax rate and that the capital improvements "Total Capital-
. s
2�
Minutes Continued, December 18, 1979
ized Value" during the 1982 calendar year were determined to be $20,000,000.00,
then,
Calculation of Payment "Y ":
1979 Calendar Year, January 1, 1980, Tax Year:
Payment "Y" = 0
1980 Calendar Year, 1981 Tax Year:
$10,000,000.00 @ 25% = $2,500,000.00
$ 2,500,000.00 ( -) 25% = $1,875,000.00
$ 1,875,000.00 @ $1.62 = $30,375.00 = Payment "Y"
1981 Calendar Year, 1982 Tax Year:
$10,000,000.00 + 10% = $11,000,000.00
$11,000,000.00 + $15,000,000.00 = $26,000,000.00
$26,000,000.00 @ 100% = $26,000,000.00
$26,000,000.00 ( -) 25% = $19,500,000.00
$19,500,000.00 @ $.40 = $78,000.00 = Payment "Y"
1982 Calendar Year, 1983 Tax Year:
$26,000,000.00 + 10% = $28,600,000.00
$28,600,000.00 + $20,000,000.00 = $48,600,000.00
$48,600,000.00 @ 100% = $48,600,000.00
$48,600,000.00 ( -) 25% = $36,450,000.00
$36,450,000.00 @ $.40 = $145,800.00 = Payment "Y"
end of example.
Company agrees that during the term of this agreement it will not
require utility services from City for its hereinabove described property, in
the absence of further agreement.
V.
The payments to be made by Company under paragraph IV (A) above are
tax payments and not payments in lieu of taxes. All payments required to be
made under the terms of this agreement shall be due and payable in each year
at the same time that City taxes generally are due and payable. Upon receipt
of the tax payment set forth in Paragraph IV (A), City will issue official ,
receipts of City for full and complete payment of all ad valorem taxes upon
11: i)
Minutes Continued, December 18, 1979
property of Company within the limits of City for the tax year involved
and City will also issue its receipt for the payments termed "X" and "Y"
required under Paragraph IV (B), upon receipt of such payment.
VI.
In the event that City should for any reason dissolve or become
disestablished in any manner during the term hereof, any unaccrued obligations,
if ,-y, of the Tompany hereunder shall immediately cease and any accrued
obligations hereunder shall remain in full force and effect.
VII.
The term of this Agreement shall be for a period of seven (7)
years, commencing on the 31st day of December, 1979, and ending on the
30th day of December, 1986; 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 December, 1986, the agreement of the City not to annex
additional property of the Company shall terminate on said date of December 1,
1986. No provision hereof shall prejudice the rights of any of the parties
hereto after termination of this agreement.
VIII.
It is distinctly understood and agreed that this is a divisible
contract, as to each year of its duration and the obligations and covenants
to be performed by either party hereto during any year of this contract are
hereby found and declared to be separate, distinct and divisible from the
covenants and obligations to be performed during any other year that this
contract is to be in effect. If this contract is declared or adjudicated to
be invalid for any year or years, such declaration or adjudication shall not
affect the validity of the contract for any other year.
IX.
The 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.
— .
Minutes Continued, December 18, 1979
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 the 18th day of
December, 1979.
THE CITY OF NEDERLAND
1
ATTEST AND COUNTERSIGNED:
H. E. NAGEL
H. E. Nagel, Mayor
ALTA FLETCHER
(Mrs.) Alta Fletcher, City Secretary
COUNCILMEN:
R. A. NUGENT
E. T. GILLESPIE
R. A. Nugent
E. T. Gillespie
T. E. LEE, JR.
ROBERT SAWYER
T. E. Lee, Jr.
Robert Sawyer
APPROVED AS TO FORM AND LEGALITY:
SUNOCO TERMINALS, INC.
W. E. SANDERSON
By:J. W. SHAW
W. E. Sanderson, City Attorney
J. W. Shaw, Vice - President
SECTION
2:
That said Agreement may be executed in duplicate originals and shall be
impressed with the corporate seal of the
City, signed by the Mayor and present
members of the City Council, and countersigned by the Mayor and present members
of the City Council, and countersigned by the City Secretary.
SECTION
3:
That the Mayor and City Secretary and other appropriate officials of
the City are hereby authorized and directed to do any and all things necessary
and /or convenient to carry out the provisions of this Ordinance.
SECTION 4:
That this ordinance shall become effective and be in full force from and
after December 31, 1979, and it is so ordained.
PASSED AND APPROVED this 18th day of December, 1979.
ATTESTED AND COUNTERSIGNED:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
14]
Minutes Continued, December 18, 19791
(SEAL)
THE STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF NEDERLAND
I, ALTA FLETCHER, CITY SECRETARY OF THE CITY OF NEDERLAND, TEXAS, do hereby
certify that the above and foregoing is a true and correct copy of the Original
Hereof, as same was filed and appears of record in my office.
Witness my official seal and signature of office in Nederland, Texas, this
the 18th day of December, 1979.
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Lee to adopt the following
Ordinance No. 326 annexing an area north of Nederland including Nederland High
School properties from Canal Avenue west to the east boundary of Spurlock Road
from the north boundary of 18th Street to the south boundary of Nederland Indepen-
dent School District property and along the L.N.V.A. Canal to the north boundary
of 27th Street to Canal Street and including the property situated between
18th Street and the Gulf States Utilities right -of -way adjacent to Canal Street;
and approval of the following:
a. An Amendment to Ordinance No. 154 providing for the annexed area to be
located in Ward II;
b. An Amendment to Ordinance No. 107 providing for Stop signs and speed limit
revisions and parking rules within the annexed area;
C. A Resolution designating the names of streets in accordance with Nederland
alphabetical and numerical street designation system;
d. Installation of eight street lights, relocation of one light, and substitution
of one street light, per attached recommendation;
e. Providing garbage service on Tuesdays and Fridays and try nd
full week of the month, delivery of one roll of plastic h e
customer;
f. Request of petitioner (Nederland Independent School Distr
tax assessor with access to N.I.S.D. assessments in the a
g. No revision necessary to zoning ordinance (remains reside: to
revision necessary to alcoholic beverage ordinance.
All Voted Aye.
ORDINANCE NO. 326
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 PRIVILEDGES 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 the laws
of the State of Texas and of the Charter of the City 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,
,4
Minutes Continued, December 18, 1979
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, and is hereby annexed:
BEGINNING, for point of reference at the point of intersection of the
Southeast boundary line of Canal Avenue (Viterbo Road) with the most Northerly
right -of -way line of U. S. Highway 69, said point being a point for corner in
the City of Nederland corporate limit line;
THENCE, Northeasterly along and with the present City of Nederland corporate
limit line, same being the Southeasterly right -of -way of Canal Avenue, to an
intersection of the Southeasterly right -of -way line of Canal Avenue with the
most Northeasterly right -of -way of 27th Street, a point for corner; and the
beginning corner of herein described tract of land;
THENCE, Northwesterly crossing the present right of way of Canal Avenue
to a point of intersection of the most Northwesterly right -of -way of Canal
Avenue with the Northeasterly right -of -way of 27th Street, and continuing
along and with the Northeasterly right -of -way of 27th Street to an intersection
of said right -of -way line with the Southeast right -of -way of the Lower Neches
Valley Authority fresh water canal, a point for corner;
THENCE, Northeasterly along and with the Southeasterly right -of -way of
the L.N.V.A. fresh water canal and on a Northeasterly projection of said
Southeasterly right-of -way crossing a Southeasterly fork of the L.N.V.A.
fresh water canal to the Northeasterly right -of -way of said fork, being also
the most Southwesterly property line of the Nederland Independent School District
High School Property, a point for corner;
THENCE, Northerly along and with the Nederland Independent School District
High School Property and the Easterly side of the L.N.V.A. canal to a 11" diameter
steel rod located approximately 15 feet from the said L.N.V.A. fresh water
canal Easterly right -of -way line, a point for corner in the Nederland Independent
School District High School property and a point for corner in herein described
tract or parcel of land;
THENCE, North 480 46' West along and with the Southwesterly property lines
of the Nederland Independent School District High School Property, crossing the
L.N.V.A. fresh water canal and continuing to an intersection with the Southeasterly
right -of -way of Spurlock Road, a total distance of 1300 feet more or less and a
point for corner;
THENCE, Northeasterly along and with the Southeasterly right -of -way line of
Spurlock Road, crossing 18th Street, to the Northeasterly right -of -way line of
18th Street, a distance of 1,534 feet a point for corner;
THENCE, Southeasterly along and with
Street to the Northwesterly corner of the
parcel of land, said corner marked with a
easterly right -of -way line of 18th Street,
the Northeasterly right -of -way line of 18th
Moore and Richardson 3.617 acre tract or
17" diameter reinf. rod in the said North -
a point for corner;
1
1
1
,C 7
Minutes Continued
December 18f 1979
THENCE, North 410 31' East along and with the Northwesterly property line
of the Moore - Richardson tract, to the Northeasterly corner of said Moore- Richard-
son tract, same being the Northwesterly corner of the Y.M.C.A. tract, continuing
along and with the Northwesterly property line of the Y.M.C.A. tract to the
Northeasterly corner of said Y.M.C.A. tract said corner being located in the
Southwesterly right -of -way line of Gulf States Utilities right -of -way, a point
for corner;
THENCE, Southeasterly along and with the Southwesterly right -of -way line
of Gulf States Utilities right -of -way, crossing the L.N.V.A. fresh water canal
and Canal Avenue to the Southeasterly right -of -way line of said Canal Avenue, a
point for corner;
THENCE, Southwesterly along and with the Southeasterly right -of -way line
of Canal Avenue to an intersection with the Northeasterly right -of -way line
of 27th Street, the point or place for beginning of herein described tract or
parcel of land, containing 140 acres more or less.
II.
All inhabitants of said property annexed shall be granted all of the
rights and privileges of other citizens and said inhabitants shall be bound
by all of the acts, ordinances, resolutions and regulations of said City.
III.
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 THIS READING by the affirmative vote of 4 members of the City
Council of the City of Nederland, this the 18th day of December, A.D., 1979.
ATTEST:
ALTA FLETCHER H. E. NAGEL,
Alta Fletcher, City Secretary Mayor, H. E. Nagel
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
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 to changing
the boundary lines of Ward II in order to include area annexed December 18, 1979;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND;
II.
Hence foreward that Ward II be expanded to include the following described terri-
tory:
Ah
Minutes Continued
December 18, 1979
BEGINNING, for point of reference at the point of intersection of the
Southeast boundary line of Canal Avenue (Viterbo Road) with the most Northerly
right -of -way line of U. S. Highway 69, said point being a point for corner in the
City of Nederland corporate limit line;
THENCE, Northeasterly along and with the present City of Nederland
corporate limit line, same being the Southeasterly right -of -way of Canal Avenue,
to an intersection of the Southeasterly right -of -way line of Canal Avenue with
the most Northeasterly right -of -way of 27th Street, a point for corner; and the
beginning corner of herein described tract of land;
THENCE, Northwesterly crossing the present right -of -way of Canal Avenue
to a point of intersection of the most Northwesterly right -of -way of Canal Avenue
with the Northeasterly right -of -way of 27th Street to an intersection of said
right -of -way line with the Southeast right -of -way of the Lower Neches Valley
Authority fresh water canal, a point for corner;
THENCE, Northeasterly along and with the Southeasterly right -of -way of
the L.N.V.A. fresh water canal and on a Northeasterly projection of said South-
easterly right -of -way crossing a Southeasterly fork of the L.N.V.A. fresh water
canal to the Northeasterly right -of -way of said fork, being also the most South-
westerly property line of the Nederland Independent School District High School
property, a point for corner;
THENCE, Northerly along and with the Nederland Independent School District
High School Property and the Easterly side of the L.N.V.A. canal to a 12" diameter
steel rod located approximately 15 feet from the said L.N.V.A. fresh water canal
Easterly right -of -way line, a point for corner in the Nederland Independent School
District High School Property and a point for corner in herein described tract or
parcel of land;
THENCE, North 48 degrees 46' West along and with the Southwesterly property
line of the Nederland Independent School Distrct High School Property, crossing
the L.N.V.A. fresh water canal and continuing to an intersection with the South-
easterly right -of -way of Spurlock Road, a total distance of 1300 feet more or
less and a point for corner;
THENCE, Northeasterly along and with the Southeasterly right -of -way line
of Spurlock Road, crossing 18th Street, to the Northeasterly right -of -way line of
18th Street, a distance of 1,534 feet a point for corner;
THENCE, Southeasterly along and with the Northeasterly right -of -way line
of 18th Street to the Northwesterly corner of the Moore and Richardson 3.617 acre
tract or parcel of land, said corner marked with a 12" diameter reinf. rod in the
said Northeasterly right -of -way line of 18th Street, a point for corner;
THENCE, Borth 41 degrees 31' East along and with the Northwesterly
property line of the Moore - Richardson tract, to the Northeasterly corner of said
Moore - Richardson tract, same being the Northwesterly corner of the Y.M.C.A. tract,
continuing along and with the Northwesterly property line of the Y.M.C.A. tract
to the Northeasterly corner of said Y.M.C.A. tract, said corner being located
in the Southwesterly right -of -way line of Gulf States Utilities right -of -way,
a point for corner;
_
THENCE, Southeasterly along and with the Southwesterly right -of -way line
Of Gulf States Utilities right -of -way, crossing the L.N.V.A. fresh water canal and
Canal Avenue to the Southeasterly right -of -way line of said Canal Avenue, a point for
corner;
1
I
Minutes Continued
December 18, 1979
THENCE, Southwesterly along and with the Southeasterly right -of -way line
of Canal Avenue to an intersection with the Northeasterly right -of -way line of
27th Street, the point or place for beginning of herein described tract or parcel
of land, containing 140 acres more or less.
If any section, portion, subdivision, clause, or provision of the ordinance
shall be adjudged invalid or held unconstitutional, the same shall not effect the
validity of this ordinance as a whole, or any part of provision thereof, other
than the part so delcared to be invalid.
PASSED by the affirmative vote of 4 members of the City Council of the
City of Nederland, this the 18th day of December, A. D., 1979.
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 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, SPEED LIMITS, AND REQUIRED STOP SIGNS:
NOW THEREFORE, be it ordained by the City of Nederland, Texas;
Section - 1 PARKING RULES
Parking shall be prohibited along both sides of 18th Street from Spurlock Road
to Seattle Avenue.
Parking shall be prohibited along both sides of Seattle Avenue (Butler Road)
from 18th Street to dead end.
Section - 2 SPEED LIMIT
A fifteen mile speed zone shall be maintained at locations where signs are posted
Monday through Friday, 7:30 A. M. to 4 :15 P. M., except on weekends and holidays;
at other times the speed limit shall be thirty miles per hour as follows: on
18th Street from Spurlock Road to Seattle Avenue.
Section - 3 STOP SIGNS
The intersection at 18th Street and Canal Avenue shall be designated as a "4 -Way-
d_ M _ i
Minutes Continued
December 18, 1979
Stop Intersection." Stop Signs shall be erected at all four corners. All vehicles
must come to a complete stop before entering the intersection.
A stop sign shall be erected on the following streets at the avenues indicated. All
drivers of vehicles must come to a complete stop at such signs.
STOP Fairbanks Avenue at Canal Avenue.
STOP 17th Street at Canal Avenue.
STOP Canal Avenue at 27th Street.
STOP Seattle Avenue at 18th Street.
STOP 19th Street (Ernest Avenue) at Seattle Avenue.
STOP 19th Street (Ernest Avenue) at Queen Avenue (Lawrence Avenue).
STOP 21st Street (Wilmae Avenue) at Queen Avenue (Lawrence Avenue).
STOP 20th Street (Pecan Avenue) at Queen Avenue (Lawrence Avenue).
STOP 20th Street (Pecan Avenue) at Canal Avenue.
STOP 18th Street at Spurlock Road.
STOP 21st Street at Seattle Avenue.
Section - 4 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 - 5 REPEALING CLAUSE I
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 18th day of December, A. D., 1979.
ATTEST:
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
A RESOLUTION
WHEREAS, the City Council of the City of Nederland, be virtue of the laws
of the State of Texas and of the Charter of the City of Nederland, has annexed
additional territory lying adjacent to said city; and
WHEREAS, the City Council of the City of Nederland adopted a street name
and numbering system in 1958; and
WHEREAS, the City Council of the City of Nederland is of the opinion that
r�
Minutes Continued
December 18, 1979
many advantages could be derived for the citizens of the City of Nederland if the
street names in the duly annexed areas were changed to correspond with the exist-
ing name and numbering system;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:1
That the names of streets in the annexed area shall henceforth be changed
from: Lawrence Avenue to Queen Avenue; Butler Road and /or Jack Brooks Avenue
to Seattle Avenue; Enest Avenue to 19th Street; Pecan Street to 10th Street;
and Wilmae Avenue to 21st Street. The City Secretary is authorized to attest
to same and to affix the seal of the City of Nederland hereto.
PASSED by the City Council this 18th day of December, 1979.
ATTEST:
ALTA FLETCHER
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve four street
lights in Allan Meadow Section V in the amount of $600.00. All Voted Aye.
Alta Fletcher, City Secretary
City of Nederland, Texas
Mayor H. E. Nagel left the meeting at 8:25 P. M., and Councilman Nugent, Mayor
Pro -Tem, replaced him for the remainder of the meeting.
Sealed bids were received, opened, and read for two (2) one -half ton pickup
trucks. Bidders were as follows: Raiford Motors, $10,740.26; Kinsel Ford,
$9,599.57; Buddy Chevrolet, $9,696.69; Philpott Ford, $9,427.00; and Beaumont
Motor Company, $4,584.81 -bid for one truck only -.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept Beaumont
Motor Company bid for $4,584.81 for two trucks, if available. If Beaumont
Motor Company cannot supply two trucks - authorize purchase of one from
Philpott Ford for $4,789.00. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment of
bills for the month of November, 1979. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing final
approval of applications for permits for sale of alcoholic beverages for
"on premises consumption" in accordance with Ordinance No. 70 as follows:
Ken's Pizza Parlor, 2750 Nederland Avenue; Nederland Club, 323 Twin
City Highway; Broussard's Seafood, 103 Nederland Avenue; American
Legion Post 493, 922 Nederland Avenue; Italian Restaurant & Flying
Pizza, 3603 Nederland Avenue; Irene's Lounge, 147 Twin City Hwy;
LaFiesta Restaurant, 535 Twin City Hwy.; LaSuprema, 3106 Hwy. 365;
Pizza Inn, 3520 Nederland Avenue; and The Schooner, 1507 South 38th
Street.
All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer authorizing approval
of preliminary plans for the Nederland Public Library, as presented by Mr.
Murphy Vaught - Moore, Stansbury, and Vaught Architects. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve four street
lights in Allan Meadow Section V in the amount of $600.00. All Voted Aye.
Minutes Continued
December 18, 1979
A motion was made by Mr. Lee and seconded by Mr. Lee to award the bid received
during the previous meeting of December 4, 1979, for one high pressure hydraulic
sewer cleaner to Naylor Industries, Inc., on the basis of thier low bid of $14,950.00.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing and requesting
the Highway Department to design and take bids on behalf of the City of Nederland
for the upgrading of traffic signals at the intersection of Nederland Avenue with
21st Street and Nederland Avenue with 14th Street so as to conform to meet
Texas Manual on Uniform Traffic Control Devices. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve application for
grant from Economic Development Administration to install storm sewers and street
lighting in the Central Business District. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve attendance and
expenses of Mike Delgado to Texas Parks and Wildlife Review of the Outdoor Recreation
Plan for our region, January 9, 1980 in Austin, Texas. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Rauscher- Pierce Company.
2. Mid County Municipal League.
3. Traffic Signals.
4. School -City Programs.
5. Timing of caution light - traffic count.
The meeting was adjourned at 9:15 P. M.
H: E. Nagel, May6r
City of Nederland, Texas
ATTEST:
GGeez r 2/T- R. A. Nugent, Mayor Pro -Tem
Alta Fletcher, City Secretary City of Nederland, Texas
City of Nederland, Texas
Ab Ab
1
F-1
D
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
I '4
January 8, 1980
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. Tom Lee, Jr., and 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 December 18, 1979, as written. All Voted Aye.
A discussion was held on matters pertaining to City Ordinances, regulations, etc.,
with citizens residing in the newly annexed area north of Nederland including
Nederland High School properties.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the follow-
ing Amendment to Ordinance No. 164 revising a regular meeting date such that the
regular meeting of February 26th be rescheduled to February 19th so as not to
conflict with the Annual Civil Defense meeting in Austin, and authorize attendance
and expenses of Mayor and City Council and Civil Defense officials to the Annual
Civil Defense meeting in Austin, February 26 - February 28, 1980. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETING TO
BE HELD FROM JANUARY 1, 1980, THROUGH APRIL 8, 1980.
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 8, 22
February 12, 19
March 11, 25
April 8
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 8th day of
January, 1980.
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
Minutes Continued, January 8, 1980
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the follow-
ing Amendment to Ordinance No. 259 providing for above ground and below ground
electrical service to mobile home parks. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 259
AN AMENDMENT TO ORDINANCE #259 PROVIDING FOR ABOVE AND BELOW GROUND
ELECTRICAL SERVICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS;
Section V - Minimum Standards Type "A" Trailer Park -
Article 1D (1) - Shall be deleted in its entirety and a new paragraph
added to read as follows:
(1) Be served with sanitary sewer, water, natural gas, electrical
power and telephone service. Sanitary sewer, water and natural
gas shall be installed underground. Electrical power and tele-
phone service may be installed above ground. Each trailer space
shall have a separate terminal for each service.
Section VI - Minimum Standards: Type "B" Trailer Park Project -
Article 1C (1) - Shall be deleted in its entirety and a new paragraph
added to read as follows:
(1) Be served with sanitary sewer, water, natural gas, electrical
power, and telephone service. Sanitary sewer, water and
natural gas shall be installed underground. Electrical power
and telephone service may be installed above ground. Each
trailer space sahll have a separate terminal for each service.
Section XIII - Penalt
Any person found guilty of violating any provision of
this Ordinance shall be
deemed guilty of a misdemeanor and subject to
a fine not to exceed Two Hundred
($200.00) Dollars, and each day such violation
exists
shall constitute a separate
offense and be punishable as such hereunder.
PASSED AND APPROVED by the City Council, this
8th day
of January, 1980.
ATTEST:
H. E.
NAGEL
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
1 r, -?
Minutes Continued
January 8, 1980
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve attendance
and expenses of wastewater employees Darrell Marchand and James Boulet to a 2�
day school in Orange commencing January 15, 1980. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve an
Election Order calling an election on April 5, 1980, for the purpose of electing
a Mayor and two Councilmen, one for Ward II and one for Ward IV. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to ratify water
and wastewater easement agreements providing for locations for water and waste-
water lines to Nederland system from the Jefferson County Airport system. All
Voted Aye.
THE STATE OF TEXAS X
EASEMENT
COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS:
That William Doornbos, Richard E. Doornbos and Louise C. Doornbos, in their
capacity as Trustees of the Texas Trust under the Will of Cornelius Doornbos, Jr.;
William Doornbos, Individually and Richard E. Doornbos, Individually; and May
Youmans, Mildred Jackson, R. L. Barnett, Jr., Carolyn Barnett and Harry Donald
Barnett, by and through their duly appointed agent and attorney -in -fact, Billy
W. Doornbos, hereinafter called Grantor, whether one or more, for and in consid-
eration of Ten and No /100 ($10.00) Dollars and other good and valuable considera-
tion in hand paid by the City of Nederland, hereinafter called Grantee, the
receipt of which is hereby acknowledged have GRANTED, SOLD AND CONVEYED, and by
these presents do GRANT, SELL and CONVEY unto the Grantee with restrictions and
upon the convenants and conditions set out below:
An Easement to lay, maintain, operate, replace, change, and remove one
sanitary sewer force main and one water line on the following described
land situated in Jefferson County, State of Texas to -wit:
BEING 0.450 acres of land, more or less, and being out of and a part of
Lots 1 and 8, Block 17, Range J of the lands of the Port Arthur Land Company
Survey according to the plat thereof as recorded in Volume I, page 22 of the
map records of Jefferson County, Texas. Said property being a part of the property
as acquired by C. Doornbos, Jr., William Doornbos and Richard E. Doornbos, trustees
under the will of C. Doornbos; and recorded in Volume 775, page 176 of the deed
records of Jefferson County, Texas. Said 0.450 acres being more particularly
described by metes and bounds as follows to -wit:
COMMENCING at the common corner of Lots 1 and 8, Block 17, Range J and Lots
4 and 5, Block 17, Range I of said lands of the Port Arthur Land Company;
said point being the point of beginning;
THENCE, N 48 degrees 47' W, 20.0' along the common line of Lot 5, Block
17, Range I and Lot 8, Block 17, Range J to a point for corner;
THENCE, S 41 degrees 13' W, 10.0' to a point for corner;
' THENCE, N 48 degrees 47' W, 1270.0' to a point for corner, said point
being in the most southerly right -of -way line of Viterbo Road;
THENCE, S 41 degrees 13' W, 10.0' along the southerly right -of -way line
of Viterbo Road to a point for corner;
Ab
Minutes Continued, January 8, 1980
THENCE, S 48 degrees 47' E, 1270.0' to a point for corner;
THENCE, S 41 degrees 13' W, 85.12' to a point for corner;
THENCE, S 12 degrees 27' E, 47.71' to a point for corner;
THENCE, S 37 degrees 44' 41" W, 190.60' to a point for corner;
THENCE, S 48 degrees 47' E, 20.04' to a point for corner;
THENCE, N 37 degrees 44' 41" E, 201.18' to a point for corner;
THENCE, N 12 degrees 27' W, 46.96' to a point for corner in the common
line of lots 1 and 8, Block 17, Range J;
THENCE, N 41 degrees 13' E, 95.00' along the common line of Lots 1 and 8,
Block 17, Range J to the point of beginning.
TO HAVE AND TO HOLD the above granted rights and easements together with
all and singular the priviledges and appurtenances thereto in anywise belonging
unto the said Grantee, its successors and assigns. But the above conveyance is
subject to the convenants hereby made by Grantee and the conditions that Grantee
will:
1. Bury all pipe to a minimum depth of thirty -six (36 ") inches between
the top of the pipe and ground level after settling;
2. Where Grantee has procured the permission of Grantor or of others to
use any private roads located on the described property, or on lands adjacent
to the hereby granted easement, and which roads serve and /or are useful to the
lands of Grantor adjacent to said easement in which permission is to use same
for transportation of any kind, upon completion of any such use, fully restore
all such roads to at least the same condition as they were in prior to such use
and operations;
3. Properly backfill excavated ditches to a substantially level condition
and clean up in a good and workmanlike manner;
4. Inspect the lines within thirty (30) days of completion, repair any
sinking backfill and level the land by tamping;
S. Pay for any damages to growing crops and improvements which may result
from the acts and omissions in laying, maintaining, operating, replacing, changing,
or removing the said lines;
6. Promptly reimburse Grantor for any damage occasioned to any property of
Grantor by the acts or omissions whether or not negligent of Grantee, its employees,
contractors, agents, licensees, invitees (express or implied), assigns and represen-
tatives in any matter connected with or arising out of installation, use, maintenance,
replacement or removal of said lines or during the restoration of Grantor's property.
Grantee shall at all times indemnify, defend and hold harmless the Grantor,
his heirs, administrators, successors, and assigns from and against any and all
claims, demands, causes of action, liabilities, costs and expenses of every nature
(including reasonable attorney's fees) for damage of every kind or injury to or
death of any person and damages to property made against Grantor by Grantee, his
agents, servants, representatives, invitees, or licensees, contractors, or any person
using the premises on or by virtue of this easement herein granted because of any
fl
I c,
Minutes Continued
January 8, 1980
alleged defect or condition of Grantor's premises, appurtenances or roadways
regardless of whether or not such defect is open and obvious of latent and
hidden or as a result of the alleged joint negligence of the Grantor and Grantee
or Grantee's contractor or Grantee's or Grantor's agents, servants, and employees;
It being the intent of the Grantor and Grantee that in the event a suit
is filed by Grantee's employees, agents, invitees or licensees or by Grantor's
invitees or licensees against Grantor because of the condition of the premises,
adjacent properties, roadways or appurtenances or due to the alleged joint
negligence of Grantor and Grantee, their agents, servants or employees that
Grantee and its contractor will defend said suit or suits at their own expense;
and in the event of failure to defend said suit on behalf of Grantor, his heirs,
successors, or assigns, Grantor may employ his own attorney and furnish his own
defense and Grantee agrees to pay all reasonable attorney's fees therefor and
all expenses and costs incident to the defense of said suit and to pay for
settlement made at the discretion of Grantor. Grantor will promptly notify
Grantee in writing of any claims, demand or cuase of action which may arise as a
result of the foregoing and Grantors further agree not to make any settlement or
compromise of such claim without express prior written consent of Grantee.
In addition, as part of the consideration herefor, it is hereby specific-
ally agreed by and between Grantor and Grantee that if at any time hereafter, the
Grantor, his heirs or assigns shall determine to construct any roads, driveways,
alleys, walks, gardens, lawns, or parking areas, or other like uses, on or across
said easement, or other utilities in said easement, Grantor shall have the
absolute right and privilege to do so and the Grantee, at its sole cost and risk,
after reasonable notice by Grantor to do so, will make such alterations in place
to its lines as are necessary to protect such lines from any damage as a result of
the construction and maintenance of any such roads, driveways, alleys, walks,
gardens, lawns, or parking areas, or utilities and Grantor, his heirs and assigns
shall in no manner be liable for any damage to Grantee for any injury or damage
done to such lines as a result of such construction. It is further agreed that
Grantor shall not erect or construct, nor permit the erection or construction of
any houses or structures on, over, across or within said easement.
It is specifically agreed that in the event the Grantee shall fail to
complete the construction of the lines contemplated to be laid hereunder by
December 31, 1980, or if the lines are abandoned for utility use by Grantee for
eighteen (18) months, all rights granted hereunder shall thereupon cease and
revert to Grantor herein, his heirs and assigns.
The rights herein granted may not be assigned without the written consent
of Grantor. These presents are executed and delivered by Grantor and accepted
by Grantee without any warranty, either expressed or implied.
IN WITNESS WHEREOF, these premises are executed on this 20th day of
December, 1979.
WILLIAM DOORNBOS RICHARD E. DOORNBOS
William Doornbos, Individually and Individually and as Trustee of the Texas
as Trustee of the Texas Trust under Trust under the Will of Cornelius Doorn-
the Will of Cornelius Doornbos, Jr. bos, Jr.
x L Al
Minutes Continued,
January 8, 1980
LOUISE C. DOORNBOS MAY YOUMANS, MILDRED JACKSON,
Louise C. Doornbos, Trustee of the R. L. BARNETT, JR., CAROLYN BARNETT
Texas Trust under the Will of AND HARRY DONALD BARNETT
Cornelus Doornbos, Jr.
BY BILLY W. DOORNBOS THE CITY OF NEDERLAND
Billy W. Doornbos, Their Duly BY HOMER E. NAGEL
Appointed Agent And Attorney In
Fact GRANTEE
GRANTOR
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared William
Doornbos, Individually and as Trustee of the Texas Trust under the Will of Cornelus
Doornbos, Jr. 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
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of December, 1979.
PATRICIA D. KRUEGER
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
Richard E. Doornbos, Individually and as Trustee of the Texas Trust under the Will
of Cornelus Doornbos, Jr., 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 considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of December, 1979.
PATRICIA D. KRUEGER
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 Louise
C. Doornbos, Trustee of the Texas Trust under the Will of Cornelus Doornbos, Jr. known
to me to be the person whose name is subscribed to the foregoing instrument and acknow-
ledged to me that she executed the smae for the purposes and considerations therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of December, 1979.
PATRICIA D. KRUEGER
NOTARY PUBLIC IN AND FOR JEFFERSON
COUNTY, TEXAS
r_r
Minutes Continued
January 8, 1980
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
Billy W. Doornbos, Agent and Attorney in Fact for May Youmans, Mildred Jackson,
R. L. Barnett, Jr., Carolyn Barnett and Harry Donald Barnett, 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 considerations therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of December,
1979.
PATRICIA D. KRUEGER
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
Homer E. Nagel for and on behalf 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 purposes and considerations therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 20th day of December,
1979.
ALTA FLETCHER
NOTARY PUBLIC IN AND FOR JEFFERSON
COUNTY, TEXAS
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve extension
of Daniel's Construction Company General Contract Doornbos Park improvements
until February 28, 1980, in order to coincide with the Coastal Pool contract
on the bath house and swimming pool. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment
of bills for the month of December, 1979. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. R. D.
Sawyer to serve as Director on the Board of the Mid County Municipal League and
to appoint Mr. E. T. Gillespie and Mr. H. E. Nagel as Members and Mr. Tom Lee, Jr.
and Mr. R. A. Nugent as Alternate Members to the Executive Committee of the South
East Texas Regional Planning Commission. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
following Amendment to Ordinance No. 107 providing for "No Parking Here To Corner"
along Gary Avenue near its intersection with Twin City Highway. 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.
Ak — ft M
Minutes Continued
January 8, 1980
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1 - NO PARKING
Parking shall be prohibited along he South side of Gary Avenue for a distance of 30'
from Twin City Highway No. 347.
SECTION 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to comply
with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction
thereof be fined in any sum not less than $1.00 nor more than $200.00 and the violation
of each separate provision thereof shall be considered a separate offense.
SECTION 3 - REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict with any of the
provisions of this ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this
the 8th day of January, A. D., 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
W. E. SANDERSON
W. E. Sanderson, City Attorney
City of Nederland, Texas
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following
payments to contractors and change orders for Capital Improvements Program. All Voted
Aye.
a. Golden Triangle Constructors, Job No. 378- 47E -15, Detroit and 11th Street,
Estimate No. 2, $34,000.00; Change Order No. 2 in the amount of $4,800.00;
b. Excavators & Constructors, Job No. 378 -39A, 22nd and 23rd Streets, Estimate
No. 4, $15,000.00. and,
C. Daniel Construction Company, Inc., C. Doornbos Park improvements in the
amount of $9,598.50.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize sale of General
Obligation Bonds in the amounts of $980,000.00 for Recreation Center and Library
Bonds and $1,020,000.00 for street /drainage and paving improvements, being the 2nd
Phase of the 3 Phase Bond Issue approved at the election of December 10, 1977, and to
appoint Greer Moreland Fosdick Shepherd, Inc., Specialists in Municipal Finance, as
1
L _1
1
1
�I
Minutes Continued
January 8, 1980
fiscal agent for the City of Nederland for a fee of $9,025 for professional
services only, and to authorize the City Attorney to prepare necessary documents
and authorize receiving bids for sale of bonds, 6:30 P. M., February 19, 1980.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to cancel an Executive
Session on matter 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.
Discussion items were as follows:
1. Street patching needed on S -14th Street between Ave. K and Ave. L.
2. Street repairs needed in the 2700 block of Avenue N.
3. Meeting place needed for boxing team.
4. New Street signs.
5. Rate increase by Lower Neches Valley Authority.
6. Neighborhood Self -Help Program.
7. Internal Revenue Service utility ruling.
8. Annual Report of building inspections.
9. Investment Report - investments and earnings.
10. Traffic Counts on Twin City Highway.
11. Traffic Control devices.
12. Appointment of Equalization Board.
13. Regional Planning Commission.
14. CETA Audit.
15. Census Committee.
16. Specifications for Doornbos Park swimming pool operation.
17. Tax exempt bonds for home building and industrial planning.
18. Chamber of Commerce coffee to be 2/12/80 at 8 -9 A. M. sponsored by City.
19. Activity Building prices.
20. Heritage Festival advertisements.
The meeting was adjourned at 8:35 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
ZL�L;� _k
H. E. Nagel, Ma#or
City of Nederland, Texas
Sq
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
January 22, 1980
The meeting was called to order at 6:40 P. M. by Mayor Pro -Tem R. A. Nugent.
Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., and Mr. R. A. Nugent.
Messrs. H. E. Nagel, and E. T. Gillespie were absent.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Minutes of
the previous meeting of January 8, 1980, as written. All Voted Aye.
A review was made by the City Manager pertaining to various problems involving city
services in the area recently annexed.
Mr. E. T. Gillespie came in at this time - 6:50 P.M.
Melvin Spittler,
A motion was made by Mr. Lee and seconded by Mr. Gillespie to appoint Messrs,/ M. L. C.
Lucke, and Charles Lankford to the 1980 Equalization Board and designate Mr. Melvin
Spittler as Chairman for a one year term. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., February 19, 1980, on budgeted vehicles, equip-
ment, uniforms, and garbage bags. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve contract for
architectural- engineering services for additions to the Nederland Public Library
building, 1903 Atlanta Avenue with Moore, Stansbury and Vaught Architects; approve
agreement for engineering services for partial funding related to performance of
required Step II Waste Water Grant activities pursuant to Step III Grant made by
the U. S. Environmental Protection Agency; and to authorize Mayor Nagel as signing
agent for the City. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize attend-
ance and expenses of John Bamber, Director of Public Works, to Public Works Planning
and Engineering VI Workshop, February 5 -6, 1980, in New Orleans, Louisiana. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve plans and authorize
advertisement for bids to be received 6:30 P. M., February 19, 1980, on Capital
Improvement Program drainage projects along Park Drive from 36th Street to U. S. 69;
along Hilldale and Hill Terrace to FM 365 and along 27th Street from near Canal Street
to the Airport Viterbo ditch extension near Lawrence Avenue. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows: '
1. Amendment of Charter pertaining to Equalization Board.
2. Bid specifications on automobiles.
3. Letter from Greer Moreland Fosdick Shepherd, Inc. concerning Texas Permanent
Improvement Bonds.
Minutes Continued, January 22, 1980
' 4. Bid opening date for sale of Texas Permanent Improvement Bonds to be 3/11/80.
5. "Clean Up Nederland Month" Proclamation.
6. Repainting of Water Plant.
7. Operation of Doornbos Park Swimming Pool.
8. Doornbos Park swimming pool dedication.
9. Budget for fiscal year 1980 -81.
The meeting was adjourned at 7:50 P. M.
1
1
ATTEST:
Q/&J 1��i1/�l%
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. Nagel,Jkayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND ,
February 12, 1980
The meeting was called to order at 6:45 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, and Mr. R. A. Nugent.
Messrs. T. E. Lee, Jr., and Sam Gillespie were absent.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to approve the Minutes of
the previous meeting of January 22, 1980, as written. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve final acceptance
of the paving and storm sewer project along 10th Street from Nederland Avenue to Boston
Avenue, and to approve payment of Estimate No. 6 and final, Job No. 378 -33P, in the
amount of $20,460.34. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the following
payments under Capital Improvement Program. All Voted Aye.
a. Excavators and Constructors, Job No. 378 -39A, 22nd Street and 23rd Street,
water line, Estimate No. 5, $9,000.00; and
b. Golden Triangle Constructors, Job No. 378- 47E -15, Detroit and 11th Street,
Estimate No. 3, $11,200.00. '
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize final
acceptance of project and payment to Basco Lumber Company for replacement of
doors and gallery on the Windmill Museum; and Change Order in the amount of $649.63,
for total job of $4,921.63; final acceptance of the project for installation of
hand rails of Water Treatment Plant as recommended by insurance carrier; and to
approve payment to Robert Blacksher Construction Company in the amount of $5,408.18.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing advertisement
for bids to be received 6:30 P. M., March 11, 1980, for traffic signal equipment
at seven (7) locations to meet the requirements of the Texas Manuel on Uniform
Traffic Control Devices. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve payment of
bills for the month of January, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve plans for
storm sewer drainage along the north side of FM 365 from Hill Terrace Drive to
near 29th Street and adding project to the list bids being received 6:30 P. M.,
February 19, 1980. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing attendance
and expenses of the following. All Voted Aye.
a. Nelson Johnson, Street Superintendent, Texas A & M 9th Annual Public
Works Short Course, February 25 -27, 1980;
b. John LeJunie, Water Utilities Short School, February 26 -28, 1980, Orange,
Texas; and,
t 0
Minutes Continued
February 12, 1980
C. Fireman Byron Richards, Beaumont Fire Training School for 8� weeks begin-
ning February 25, 1980.
Mr. Tom Lee, Jr. arrived at the meeting at 7:20 P. M.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing low flying of I
aircraft belonging to Jefferson County Mosquito Control over Nederland as necessary
to apply insecticide. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to ratify the application
from the Criminal Justice Division of the Law Enforcement Assistance Administration
according to Public Law 90 -351 for new equipment in the Mid County Police Dispatch
facility. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to appoint Nederland Compl,
Count Committee to assist in compilation of the 1980 decennial census. All Voted
Aye.
An Executive Session was held on matters pertaining to the purchase of right -of -way I
and properties necessary for implementation for City of Nederland Capital Improve-
ment Program, Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing implementation
of
acquisition of fifteen (15) parcels of right -of -way land along the west side
of
of
27th Street from Nederland Avenue to Avenue "H" in accordance with appraisals
Russell J. Avant Company, Real Estate Appraisers. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Sawyer to authorize payment
to
Russell J. Avant Company, Real Estate Appraisers, in the amount of $3,000.00,
for
appraisal of fifteen (15) parcels of right -of -way along the west side of 27th
Street from Nederland Avenue to Avenue "H ". All Voted Aye.
Discussion items were as follows:
1.
Trash pickups being behind schedule.
2.
Condition of area in the 2200 block of Nederland Avenue.
3.
Painting of fire hydrants.
4.
Abandoned cars.
5.
Street sweeper study.
6.
Needed cleaning of railroad right -of -way.
7.
Boy Scout work on clean-up program.
8.
Possibility of dumpster at old City Hall being moved.
9.
New roof having been put on old City Hall.
10.
Job interviews for four positions to be Friday, February 15, at 4:00 P. M.
11.
Preliminary results of Energy study.
12.
Amendment to Ordinance No. 164 - no change in meeting dates during strike.
13.
Resignation of Assistant Fire Marshal, Mark Cheney.
14.
Hospitalization difficulty was cleared up.
The
meeting was adjourned at 8:22 P. M.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Alta
Fletcher, City Secretary
City
of Nederland, Texas
i
Ah A
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND ,
February 19, 1980
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 previous meeting of February 12, 1980, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the City of
Nederland becoming a "combination entitlement jurisdiction" for the purpose of
receiving criminal justice funds from the Law Enforcement Assistance Administra-
tion as recommended by the following letter from Nancy Powell - Bartlett, Director
of Criminal Justice, of the South East Texas Regional Planning Commission. All
Voted Aye.
Mayor Homer Nagel
City of Nederland
P. O. Box 967
Nederland, Texas 77627
Dear Mayor Nagel: '
This month, the Executive Committee of the South East Texas Regional Planning
Commission will be finalizing its decision on becoming a "combination entitlement
jurisdiction" for the purpose of receiving criminal justice funds from the Law
Enforcement Assistance Administration (LEAA).
As discussed with the Executive Committee over the last several months, the for-
mation of such a combination would allow its members to compete for criminal
justice funds allocated to the combination from LEAA. This is a change from our
past operations. Formerly, the funds were passed from LEAA to the state with the
state then allocating funds on a regional basis.
Our new legislation, the Justice System Improvement Act, is specifically designed
to give local governments greater control over the funds allocated by LEAA. The
most significant change would be that a local criminal justice advisory committee,
representing members of the combination, and the Executive Committee of the combi-
nation, would set local allocation policies and continuation funding policies. In
the past, operational policies, procedures, and guidelines were set by the state
office.
March 1, 1980, is the deadline for combinations notifying the Texas Criminal Justice
Division of the Governor's Office of the members of our combination. Therefore, we
need some type of formal action by your city, should you desire to join this combi-
nation. "Formal action" might be in the form of a resolution or a certified copy
of the Minutes of the council meeting wherein the decision is made to join the com-
bination jurisdiction.
In either the resolution or the minutes, it would suffice to state that your city
has decided to join the Combination Entitlement Jurisdiction of South East Texas
as well as recognizing that the Criminal Justice Division of the South East Texas
I�
LJ
L_�
LJ
Minutes Continued
February 19, 1980
Regional Planning Commission will perfrom the planning, monitoring, auditing, and
evaluation requirements as outlined in the Justice System Improvement Act of 1979.
Should you prefer to have your criminal justice planning performed at the state
level and compete for funds as a "balance -of- state" jurisdiction, please notify
me by telephone or by letter that the City will not be participating in our local
combination.
If you need clarification on this matter, please contact me. As a member of the
Planning Commission, I am sure you are aware of our discussions concerning entitle-
ment status versus balance -of -state status as has been outlined over the last
eight to ten months. The information given to you at those SETRPC Executive
Committee meetings has not changed with the final legislation enacted by Congress
in December, 1979. However, I will be happy to review any of this material with
you, if you so desire.
Please inform us of your decision by February 27, 1980, as our notification to the
state is due on March 1, 1980.
Sincerely,
Nancy Powell - Bartlett
Director of Criminal Justice
NPB:jgf
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve Official
Notice of Sale and related documents designating the sale of $2,000,000 Permanent
Improvement Bonds, Series 1980, at 7:30 P. M. Central Standard Time, Tuesday,
March 11, 1980, in conjunction with proposal as submitted by Greer Moreland
Fosdick Shepherd, Inc., Financial Advisors, of Houston. All Voted Aye.
Sealed bids were received, opened, and read for approximately 1,310 L.F. of storm
sewer (15" through 43" x 27" Arch diameter) and appurtenances (Park Street).
Bidders were as follows: Sabine Consolidated, $100,365.00; Bella Company,
$95,370.90; Mar -Len, Inc., $89,691.02; Excavators and Constructors, $67,604.00;
Golden Triangle Construction, $82,914.00; Imperial Construction, $94,831.30; B & B
Construction, $82,305.00; and Crawford Construction Company, $63,423.20.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
approximately 1,310 L.F. of storm sewer (15" through 43" x 27" arch diameter)
and appurtenances (Park Street) to Crawford Construction Company on the basis of
their low bid of $63,423.20. All Voted Aye.
Sealed bids were received, opened, and read for approximately 1,600 L.F. of storm
sewer (12" through 18" x 27" diameter) and appurtenances (Hill Terrace and Hill -
dale Drive); 1490 L.F. 42" storm sewer (Hill Terrace to near South 29th Street
along FM 365). Bidders were as follows: Trotti Thomson, Mar -Len, Inc., B & B
Construction, Bella Company, Sabine Consolidated, Imperial Construction, Inc.,
Excavators & Constructors, and Golden Triangle Construction Company.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on
awarding bid for approximately 1,600 L.F. of storm sewer (12" through 18" x 27"
diameter) and appurtenances (Hill Terrace and Hilldale Drive); 1490 L.F. 42"
storm sewer (Hill Terrace to near South 29th Street along FM 365). All Voted Aye.
Amb� Ah 'M 'ek
Minutes Continued
February 21, 1980
Sealed bids were received, opened, and read for approximately 1,800 L.F. of storm
sewer (18" through 42" diameter) and appurtenances (27th Street). Bidders were
,
as follows: Excavators and Constructors, $72,725.50 (Alt. $12,520.00); B & B
Construction, $81,041.36 (Alt. $12,696.90); Imperial Construction, $88,336.78
(Alt. $16,189.60); Mar -Len, Inc., $104,764.68 (Alt. $17,041.00); Bella Company
$112,122.07 (Alt. $19,239.94); Golden Triangle Construction, $76,222.00 (Alt.
$13,288.00; and Sabine Consolidated, $91,719.00 (Alt. $16,891.00).
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to award the bid for
approximately 1,800 L.F. of storm sewer (18" through 42" diameter) and appurten-
ances (27th Street) to Excavators and Constructors on the basis of their low bid
of $72,725.50 (Alt. $12,520.00). All Voted Aye.
Sealed bids were received, opened, and read for employee uniforms. Bidders were
as follows: Factory Sales, $1,087.50 shirts - $1,492.50 pants; J. C. Penny,
$2,025.00 shirts - $2,250.00 pants; and Tyler Uniform, $1,185.00 shirts - $1,530.00
pants.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
employee uniforms to Factory Sales & Service on the basis of their low bid of
$1,087.50 for shirts and $1,492.50 for pants. All Voted Aye.
Sealed bids were received, opened, and read for 364,000 plastic garbage bags.
Bidders were as follows: Neches Supply, $25,879.50; B & E Packaging, $18,775.40;
Poly American, Inc, $22,234.50; Pak Rite Corp., $23,670.13, Adams Industries,
$17,612.64; Arrow Industries, $19,755.90; Sun Belt Plastics, $17,670.96; and
Industrial Plastics, $29,160.00.
'
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
364,000 plastic garbage bags to Adams Industries on the basis of their low bid
of $17,612.64. All Voted Aye.
Sealed bids were received, opened, and read for one police car. Bidders were
as follows: Raiford Motors, $5,774.54; Philpott Ford, $6,346.00; J -K Chevrolet,
$5,974.47; and Chevyland, $6,302.66.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
one police car to Raiford Motors on the basis of their low bid of $5,774.54. All
Voted Aye.
Sealed bids were received, opened, and read for three (3) � ton pickups. Bidders
were as follows: Raiford Motors, $14,551.17 standard - $15,941.86 automatic;
Chevyland, $13,124.35 standard - no bid on automatic; Philpott Motors, $13,450.00
standard - $15,444.00 automatic.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
three (3) � ton pickups to Chevyland on the basis of their low bid of $13,124.35
for standard transmission trucks. All Voted Aye.
Sealed bids were received, opened, and read for one dump truck chassis, one
truck with open steel body, truck mounted trash loader, one street striping
machine, and one rear loader garbage truck.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer the bids for
one dump truck chassis, one truck with open steel body, one truck mounted trash
loader, one street striping machine and one rear loader garbage truck to the City
1
Minutes Continued
February 19, 1980
Manager and his staff for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve final
acceptance of Capital Improvement Program 10" water line Job No. 378 -39A, in
the amount of $24,274.10. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize one-
time rental of a street sweeper to clean the curb and gutter streets within the
City, not to exceed $1,000.00. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize payment
of electricity and water for the Babe Ruth Ball Park and Nederland High School use
by the Nederland Babe Ruth League during the 1980 season. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to set the Doornbos
Heritage Park Swimming Pool Dedication ceremony for 4:00 P. M., March 16, 1980.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to table an Executive
Session on matters pertaining to the purchase of right -of -way and properties
necessary for implementation for City of Nederland Capital Imrpvements Programs,
Article 6252 -17, V.A.T.S. All Voted Aye.
Discussion items were as follows:
1. Driveways on 10th Street and Detroit Avenue.
2. Pre- Construction conference - Nederland Avenue.
3. Meeting with swimming pool contractor to be 2/29/80.
4. School Tax Office appraisals being made available to City.
The meeting was adjourned at 9:15 P. M.
ATTEST:
A SA�
Alta Fletcher, City Secretary
City of Nederland, Texas
AM ` r Ah
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND '
March 11, 1980
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. R. A. Nugent, Mr. H. E. Nagel, 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 February 19, 1980, as written. All Voted Aye.
Sealed bids were received, opened, and read for seven (7) complete traffic signal
units. Bidders were G and M Sales Company, Inc., $4,401.00; Mapel Company, $4,552.10;
Signal Engineering Company, $5,120.24; and Electrical Repair Service, Inc., $5,442.41.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids for seven
(7) complete traffic signal units to the City Manager and his staff for tabulation
and recommended. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing the use of
two (2) office areas in Old City Hall, 908 Boston Avenue, to the Ninth District
Intergroup of Alcoholics Anonymous. All Voted Aye.
Mayor H. E. Nagel and City Councilmen 118 Dorothy Drive '
City of Nederland Nederland, Texas
P. O. Box 967 March 11, 1980
Nederland, Texas 77627
Dear Sirs:
The Ninth District Intergroup of Alcoholics Anonymous is interested in using the
Old City Hall building at 908 Boston Avenue. The Intergroup is an agency that
serves Alcoholics Anonymous throughout the Golden Triangle, and is composed of
members from all Golden Triangle Groups. Its purpose is to provide information
and assistance to those with drinking problems.
We are interested in using the building on weekdays from 8:00 a.m. to 5:00 p.m.
If granted use of the facility, we intend to improve and maintain the rooms we
will be occupying. The Intergroup would like to use the are just to the left
of the front entrance and Room 2 of the facility. We intend to pay one -half of
the electric bill and one -half of the gas bill each month as compensation for
this use.
The intergroup will accept use of the facility for an indefinite period of time,
realizing the City may need the facility of other uses at some future date, but
would like at least 30 days notice if the City decides to terminate the agreement.
We, in turn, will give at least 30 days notice, if we plan to move.
Our group will make every effort not to interfere with those that are presently '
using the building. We thank you for your time and cooperation.
CC: Mr. D. B. Henson, City Manager Sincerely,
ACCEPTED BY THE CITY OF NEDERLAND INTERGROUP OF ALCOHOLICS ANONYMOUS
H. E. NAGEL LESLIE POOR
H. E. Nagel, Mayor Leslie Poor, Representative
City of Nederland, Texas
Minutes Continued
March 11, 1980
' A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve six (6)
week (June 2 -July 11) City - School Summer Recreation Program and amend budget to
provide for $5,608.00 increase from $16,620.00 to $22,228.00, from unallocated
funds. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to award bid of Hill
Terrace and F. M. 365 drainage job (Job No. 378- 47E -14) to Golden Triangle Construc-
tors, on the basis of the low unit price bid of $147,824.14 with the cost of
1490 feet of pipe and pipe - joining materials to be reimbursed by Drainage District
No. 7 in the amount of $39,514.80. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award the following
bids for equipment as received during the meeting of February 19, 1980, to the
following companies on the basis of their being the low bidders. All Voted Aye.
One (1) dump truck chassis - Raiford Motors, $9,753.05
One (1) 2 ton truck with open steal body - Raiford Motors, $14,613.39
One (1) truck mounted trash loader - Hyco Equipment, $14,388.00
One (1) street striping machine - M B Company, $5,976.90
One (1) rear loading garbage body and truck - Gulf States Crane & Equipment
company, $41,693.00
A motion was made by Mr. Lee and seconded by Mr. Gillespie to ratify the extension
of lease with Hillcrest Baptist Church for Little League playing field area for
one (1) year with City furnishing utilities; ratification of "procedures for
' elimination of private sewer line infiltration /inflow sources and establishing
an annual Sewer Maintenance Program" as required Environmental Protection
Agency for sewer system rehabilitation Project C -48- 1140 -01 (Job No. 374 -51).
All Voted Aye.
Hillcrest Baptist Church February 25, 1980
P. O. Box 1385
Nederland, Texas 77627
Gentlemen:
This is regarding the lease by the City of Nederland of certain property on which
is located the Little League Ballpark, such lease dated April 4, 1979. Article
3 of this lease agreement reads as follows:
"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."
This is to advise that the City of Nederland does hereby exercise its option for
a one (1) year renewal of this lease.
We have enjoyed working with you in this worthy cause.
Sincerely,
DBH /lra
CITY OF NEDERLAND
CC: Mr. D. B. Henson, City Manager
HOMER E. NAGEL
Homer E. Nagel
Mayor
� Ah Ah Ah
Minutes Continued
March 11, 1980
PROCEDURE FOR '
ELIMINATION OF
PRIVATE INFILTRATION /INFLOW SOURCES
The following procedure has been developed so that all private infiltration /inflow
sources indicated within the Evaluation Survey Report can be repaired in order to
eliminate all sources of stormwater infiltration /inflow into the sanitary sewer
system.
1. a. The City currently prohibits, by Ordinance, the discharge of stormwater,
groundwater, roof run -off, foundation drainage, and other subsurface
drainage into the sanitary sewer system. See attached excerpt of Ordinance.
b. Included in the same Ordinance and other Ordinances containing the plumb-
ing code and other sewer Ordinances are penalties and procedures to follow
concerning violations to the City's Ordinances. See attached excerpt of
Ordinance.
2. In view of the above Ordinance, any person with a leaky sanitary sewer service
line would technically be in violation of the Ordinance because they are
discharging through their property stormwater and /or surface drainage into
the City's sanitary sewer sewer system.
3. The list of service line leaks outlined in the Sewer System Evaluation Survey
Report will be reviewed and catagorized by degree of leak, contribution to
the I/I problem and be geographical area within the City.
This procedure will be done so that the City and its judicial system can
effectively adminstrate this program so as not to overburden their system,
cause citizen unrest, and maintain their present budgetary obligation.
4. Once the listing of violators has been established, then the City will notify
each property owner at his or her last known address, that their sanitary
sewer service line is in violation of a City Ordinance. This notice will
tell the property owner what he needs to do and by when. If the property
owner fails to fulfill his obligations in complying with City Ordinances,
then his name shall be put on a list of non - compliant violators requiring
judicial actions.
The notification of said violators on the City's initial listing will be
carried out within a time frame of once every quarter, notices will be mailed
to a categorized list that is next in line to be handled. The violators will
be given 90 days to correct the situation. Periodic inspections by City
personnel will be as needed to insure compliance with the Ordinance.
5. The City will maintain an adequate and accurate record keeping system of those
violators notified, those complying within the specified time, those under
pending litigation, and those who have and /or have not become compliant due
to the litigation.
6. The elimination of the excessive amounts of infiltration /inflow from private
sources cannot possibly become complete by the time the treatment works
is complete and operable. However, with the proper enforcement, in a timely
manner, of the City's Ordinances and imposing the required penalties during
the Step 2 and Step 3 phases, a significant step towards reducing the total
possible I/I from private sources into the sanitary sewer system can be
realized.
Minutes Continued
February 11, 1980
SEWER MAINTENANCE PROGRAM
The City will endeavor to keep their sanitary sewer collection of the New
Tratment Works, so that they can avoid any and all permit violations and
overloading of their treatment units. This program will consist of the following:
1. Monitor the sewer system on a daily basis checking all lines with
blockages and other disorders for possible infiltration problems.
2. Performing an annual line replacement policy on the similar lines which
are in need of replacement or repair.
3. Performing an annual or other line replacement policy involving major
capital expenditures on replacement or repair of larger trunk lines as
needed.
4. Inspect lines by looking up them an /or smoke testing, as needed, to
verify opinions. Internal inspection by televising will be used if
the situation warrants it.
5. Check by visual above ground inspection of service lines, as required, in
areas where problems may exist.
With this procedure to follow and a committment by the City to perform and
administer it properly, the infiltration /inflow problems within the sanitary
sewer system can be lessened. In our general area they will not be avoided
completely due to age of pipe, and shifting ground conditions. The problem
is here to stay and this procedure will help to ease it as much as possible.
Sealed bids were received, opened, and read for sale of $2,000,000 General
Obligation Bonds for street /drainage and activity center /library addition in
conformance with election of December 10, 1977, and approval of necessary
documents. Bidders were: Cullen Bank of Houston, 8.3145 E.I.R.; First City
National Bank of Houston, 8.5214 E.I.R.; First National Bank of Dallas, 3.3945
E.I.R.; Rauscher Pierce Securities Corp., 8.4906 E.I.R.; Underwood Neuhaus
& Company, 8.4554 E.I.R.; and Merrill Lynch, 8.4016 E.I.R..
A motion was made by Mr. Nagel and seconded by Mr. Lee that we award the bid
for sale of $2,000,000 General Obligation Bonds for street /drainage and
activity center /library addition to Cullen Bank of Houston on the basis
of their effective interest rate bid of 8.3145, in compliance with election
of December 10, 1977, and to approve necessary documents. All Voted Aye.
ORDINANCE NO. 331
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING
THE ISSUANCE OF $2,000,000 "CITY OF NEDERLAND, TEXAS, PERMANENT IMPROVEMENT
BONDS, SERIES 1980, " DATED MARCH 1, 1980, FOR THE PURPOSE OF MAKING PERMA-
NENT PUBLIC IMPROVEMENTS, TO WIT: $1,020,000 FOR STREET IMPROVEMENTS,
INCLUDING DRAINAGE AND SIDEWALK IMPROVEMENTS INCIDENT THERETO; $850,000 FOR
PARK IMPROVEMENTS; AND $130,000 FOR EXPANSION OF LIBRARY FACILITIES; PRESCRIB-
ING 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.
� dh Ah -S-
'f0
Minutes Continued
March 11, 1980
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 to provide funds for the purpose of making perma-
nent public improvements; a summary of the amount of bonds authorized at said
election and the respective purposes, amounts heretofore issued and amounts
remaining to be issued being as follows:
Amount Issued Unissued
Purpose Authorized To Date Balance
Street Improvements $7,050,000 $2,750,000 $4,300,000
Park Improvements 1,100,000 250,000 850,000
Library Facilities 130,000 -0- 130,000
AND WHEREAS, this City Council has determined that a portion of the general
obligation bonds authorized at said election ($1,020,000 for street improvements,
$850,000 for park improvements and $140,000 for library facilities) should now be
issured and sold in one installment; and
WHEREAS, this Council hereby expressly reserves the right to issue the
remaining 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 COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: That, for the purpose of making permanent public improvements,
to wit: $1,020,000 for street improvements, including drainage and sidewalk
improvements incident thereto, $850,000 for park improvements, and $130,000 for
expansion of library facilities, 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
TWO MILLION DOLLARS ($2,000,000) to be known as "CITY OF NEDERLAND, TEXAS,
PERMANENT IMPROVEMENT BONDS, SERIES 1980 ", under and by virtue of the Constitu-
tion 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 numbered consecutively
from One (1)
through Four Hundred (400),
shall each
be in the denomination of
Five Thousand
Dollars ($5,000), shall be dated March
1, 1980, and shall become
due and payable
serially on March 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 10
1981
$ 50,000
9.25%
11 to 20
1982
50,000
9.25%
21 to 32
1983
60,000
9.25%
33 to 44
1984
60,000
9.25%
45 to 56
1985
60,000
9.25%
57 to 70
1986
70,000
9.25%
71 to 84
1987
70,000
9.25%
-
85 to 100
1988
80,000
9.25%
101 to 116
1989
80,000
9.25%
:, ,
Minutes Continued
March 11, 1980
Bond
Numbers
Interest
(All
Inclusive)
Year
Maturity
Rate
117
to 134
1990
90,000
9.25%
135
to 154
1991
100,000
8.25%
155
to 174
1992
100,000
7.85%
175
to 196
1993
110,000
7.90%
197
to 220
1994
120,000
7.95%
221
to 246
1995
130,000
8.00%
247
to 272
1996
130,000
8.10%
273
to 300
1997
140,000
8.20%
301
to 332
1998
160,000
8.25%
333
to 364
1999
160,000
8.25%
365
to 400
2000
180,000
8.25%
PROVIDED HOWEVER, that the City of Nederland, Texas, reserves the right to redeem
the bonds of this series maturing on March 1, 1995, and subsequent, in whole or
any part thereof, on March 1, 1994, or 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 FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, and NEDERLAND STATE
BANK, Nederland, Texas (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 bonds 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 or the redemption thereof in accordance with the terms prescribed
therefor 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 September 1,
1980, and semiannually thereafter on March 1 and September 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, the NEDERLAND STATE
BANK, Nederland, Texas, upon presentation and surrender of bonds or proper coupons.
SECTION 5: That the seal of the City may be impressed on each of said
bonds or, in the alternative, a facsimile thereof may be printed thereon. The
bonds of this series being required to be registered by the Comptroller of Public
Accounts of the State of Texas, the execution thereof and the appurtenant interest
coupons by the imprinted facsimile signatures of the Mayor and City Secretary is
hereby approved, authorized and directed, and execution in such manner shall
have the same effect as if such bonds had been manually signed by said officers,
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:
t � n
NO. UNITED STATES OF AMERICA $5,000
STATE OF TEXAS
COUNTY OF JEFFERSON ,
CITY OF NEDERLAND, TEXAS,
PERMANENT IMPROVEMENT BOND
SERIES 1980
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, the sum of
FIVE THOUSAND DOLLARS
($5,000), in lawful money of the United States of America, on the FIRST DAY of
MARCH, , with interest thereon from the date hereof to maturity, or
the redemption thereof in accordance with the terms prescribed therefor, at the
rate of Per Centum ( %) per annum, such interest
being payable on September 1 in each year and evidenced by interest coupons
attached hereto.
BOTH PRINCIPAL AND INTEREST are payable only upon presentation and surrender
of this bond and the interest coupons hereto attached as the same severally
become due at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the
option of the holder, the NEDERLAND STATE BANK, Nederland, Texas, without
exchange or collection charges to the bearer thereof, and the bearer of this
bond and its appurtenant interest coupons shall be deemed the absolute owner
thereof for purposes of receiving payment and all other purposes, and neither
the City nor the aforementioned places of payment shall be affected by any
notice to the contrary.
THIS BOND is one of a series of bonds dated March 1, 1980, numbered consecu-
tively from One (1) through Four Hundred (400), each in the denomination of
Five Thousand Dollars ($5,000), aggregating in principal amount TWO MILLION
DOLLARS ($2,000,000), issued for the purpose of making permanent public
improvements, to wit: $1,020,000 for street improvements, including drainage
and sidewalk improvements incident thereto; $850,000 for park improvements;
and $130,000 for expansion of library facilities, under authority of the
Constitution and laws of the State of Texas, and pursuant to the Charter of
said City of Nederland, Texas, and an ordinance duly adopted by the City
Council thereof and duly recorded in the Minutes of said City Council.
THE BONDS OF SAID SERIES maturing on March 1, 1995, and subsequent, may
be redeemed prior to their scheduled maturity at the option of the City, in whole
or any part thereof, on March 1, 1994, or on any interest payment date thereafter,
at the price of par and accrued intered to the date fixed for redemption;
PROVIDED, HOWEVER, that at least thirty (30) days prior to a date any of she
bonds are to be redeemed, a notice of redemption, signed by the City Secretary
(specifying the serial number 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 the City shall have made avail- ,
able by the redemption date 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.
Minutes Continued
March 11, 1980
' IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED 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 prupose 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 has been made for the levying and collection of taxes,
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 bond is one, does not exceed any constitutional or
statutory limitation.
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.
Mayor, City of Nederland, Texas
COUNTERSIGNED:
' City Secretary, City of
Nederland, Texas
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 $
*(unless the bond to which this coupon pertains has been redeemed in accord-
ance 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, the NEDERLAND STATE BANK, Nederland, Texas, without
exchange or collection charges, such amount being interest due on such date
on "CITY OF NEDERLAND, PERMANENT IMPROVEMENT BOND, SERIES 1980 ", dated March
1, 1980. Bond No.
City Secretary
Mayor
*NOTE TO PRINTER: The expression in parenthesis to be included only in coupons
maturing September 1, 1994, and subsequent, pertaining to optional bonds
' maturing in the years 1995 through 2000.
SECTION 8: That the following certificate shall be printed on the back of
each bond:
1 7 frt,
Minutes Continued
March 11, 1980
OFFICE OF COMPTROLLER
REGISTER NO.
STATE OF TEXAS
I HEREBY CERTIFY that there is on file and of record in my office a certificate
of the Attorney General of the State of Texas to the effect that this bond has been
examined by him as required by law 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
valid and binding obligation of the City of Nederland, Texas, and said bond has
this day been registered by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
Comptroller of Public Accounts
of the State of Texas
1
SECTION 9: That to provide for the payment of the debt service requirements
on 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' evaluation
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 1980 PERMA-
NENT IMPROVEMENT BOND FUND ", which is hereby established for the payment of the
obligations herein authorized. The Council hereby declares its purpose 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 consideration of
all outstanding obligations.
PROVIDED, HOWEVER, in regard to the installment of interest to become due on
the bonds herein authorized on September 1, 1980, 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 proper
officials of the City are hereby authorized and directed to transfer from the
General Fund of the City and deposit in the Special Series 1979 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 September 1, 1980.
SECTION 10: That the sale of the bonds herein authorized to
at the price of par and accrued interest to the date of delivery, plus a premium
of $ , is hereby confirmed. Delivery of the bonds shall be
made to said purchasers as soon as may be after the adoption of this ordinance, I
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 Morrow, Attorneys, Dallas, Texas, approving such
� 7r.
Minutes Continued
March 11, 1980
' 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 the facsimile signature of the City
Secretary of the City of Nederland, Texas, is hereby approved and authorized.
SECTION 12: That the City hereby certifies and convenants that the proceeds
of the bonds are needed at this time to finance the costs of capital improvements
planned by the City; based on current facts, estimates and circumstances, it is
reasonably expected final disbursement of the bond proceeds will occur within
three years from the date of the receipt thereof by the City; it is not reason-
ably expected that the proceeds of the bonds or moneys deposited in the interest
and sinking fund created for the payment of the bonds will be used or invested in
a manner that would cause the 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 published rulings pertaining thereto; and save
and except for the interest and sinking fund created herein, no other funds
or accounts have been established or pledged for the payment of the bonds.
Proper officers of the City charged with the responsibility in the issuance
of the bonds are hereby authorized and directed to make, execute and deliver
certifications as to facts, estimates and circumstances in existence as of the
date of the issue of the bonds and stating whether there are any facts, estimates
or circumstances which would materially change the City's current expectations,
and the convenants herein made and certifications herein authorized are for the
benefit of the holders of the bonds and coupons appertaining thereto and may
' be relied upon by the bondholders and bond counsel for the City.
SECTION 13: That the Mayor of said City shall be and 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, in reference to the Official Statement prepared in the
initial offering and sale of the bonds herein authorized by the City, the City
Council ratifies and confirms its prior approval of the form and content thereof,
and hereby approves the form and content of any addendas, supplements and amend-
ments thereto; the use of such Official Statement in the reoffering of the bonds
by the above named purchaser (s) is hereby approved and authorized; and the proper
officers of the City are hereby authorized to execute and deliver a certificate
pertaining to said Official Statement as prescribed therein, dated as of the
date of payment for and delivery of the bonds.
SECTION 16: 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.
PASSED AND APPROVED, this the 11th day of March, 1980.
ATTEST:
ALTA FLETCHER H. E. NAGEL
City Secretary, City o e er and, Mayor, City ot Nederlana,
Texas Texas
Minutes Continued
March 11f 1980
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the follow-
ing policy for Doornbos Park Swimming Pool operation, budget, rates, etc. All
Voted Aye.
A POLICY
C. DOORNBOS PARK POOL OPERATION
1. Dates /Times - Pool shall open May 3, 1980, to June 1, 1980, and September
6, 1980 to September 27, 1980, for week -ends (only) and for 5� days /week from
June 2nd Sto September 1, 1980. Minimum of 6 hours per day and 4 hours per
� day. Private users shall use at other than such hours, with 1st priority
being for recreational general public use.
2. Charges for admission adults (over 18 years of age) $1.00 and children
(18 years of age and younger) $.75.
3. Members of the Mid - County Y.M.C.A. shall be admitted and recorded and
charges per item 2 above shall be billed to the Y.M.C.A. for such fees.
4. Funding: City Treasurer establish a Doornbos Pool Operations Fund of
$15,000.00 from General Fund and income /expenses shall be charged to such
account.
5. Furnishings for concession area and patio shall be purchased by quotations,
approximately $3,000.00.
6. Concession area shall be operated by a volunteer service organization.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the follow-
ing Resolution and Ordinance No. 330 providing for approval of State Depart-
ment of Highways and Public Transportation to modernize the traffic signal
located at the intersection of Nederland Avenue with 27th Street. All Voted
Aye.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1. That the certain agreement dated March 11, 1980 between the State
of Texas and the City Nederland, for the installation, construction, existence,
use, operation, and maintenance of certain highway traffic signal(s) at the
location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the
City of Nederland, be and the same is hereby approved, and Mayor H. E. Nagel
is hereby authorized to execute said contract on behalf of said City and to
transmit the same to the State of Texas for appropriate action.
SECTION 2. That this Resolution shall take effect immediately upon its passage.
ATTEST: ADOPTED: March 11, 1980
ALTA FLETCHER
Alta Fletcher, City Secretary
APPROVED AS TO FORM:
APPROVED: March 11, 1980
H. E. NAGEL
H. E. Nagel, Mayor
W. E. SANDERSON
W. E. Sanderson, City Attorney
� � u
r �
i
1
1
1
Minutes Continued
March 11, 1980
ORDINANCE NO. 330
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED MARCH 11,
1980, BETWEEN THE STATE OF TEXAS AND THE CITY OF NEDERLAND, FOR THE INSTALLA-
TION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY
SIGNAL PROJECT(S) AT THE LOCATIONS) SHOWN ON EXHIBIT 1, ATTACHED HERETO AND
MADE A PART HEREOF, IN THE CITY OF NEDERLAND; PROVIDING FOR THE EXECUTION
OF SAID AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1. That the certain agreement dated March 11, 1980 between the State
of Texas and the City of Nederland, for the installation, construction, exist-
ence, use, operation, and maintenance of certain highway traffic signal(s)
at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof,
in the City of Nederland, be and the same is hereby approved, and H.E. NAGEL
is hereby authorized to execute said agreement on behalf of the City of
Nederland, and to transmit the same to the State of Texas for appropriate
action.
SECTION 2. The fact that the improvements contemplated under the above
mentioned agreement are needed, creates an emergency which for the immediate
preservation of the public peace, health, safety, and general welfare require
that this Ordinance take effect immediately from and after its passage, and
it is accordingly so ordained.
ATTEST: PASSED: March 11, 1980
ALTA FLETCHER
Alta Fletcher, City Secretary
APPROVED AS TO FORM:
W. E. SANDERSON
W. E. Sanderson, City Attorney
APPROVED: March 11, 1980
H. E. NAGEL
H. E. Nagel, Mayor
MUNICIPAL SIGNAL CONSTRUCTION AND
MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this 11th day of March, 1980 by and between the State
of Texas, hereinafter referred to as the "State," party of the first part, and
the City of Nederland, Jefferson County, Texas acting by and through its
duly authorized officers under an ordinance passed the 11th day of March,
1980, herein after called the "City ", party of the second part.
W I T N E S S E T H
WHEREAS, the State and the City wish to cooperate 'in the installation of
Traffic Signals under a Statewide Highway Safety Improvement Program as set
forth in the 1973 Federal -Aid Highway Act by means of a project for the
"Installation of Traffic Signals ", listed in EXHIBIT 1, attached hereto and
made a part hereof, in the City:
w Ak — Ah
Minutes Continued
March 11, 1980
A G R E E M E N T ,
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and performed
as hereinafter set forth, it is agreed as follows:
1. The State will provide the complete plans, specifications and estimate for the
Installation of Traffic Signals at the intersections listed in EXHIBIT 1, attached
hereto and made a part hereof, and to be subsequently approved by the City and
the State. Said plans and specifications to be in compliance and conformity
with applicable recognized standard of the American Association of State Highway
Officials and the Institute of Traffic Engineers as referred to therein.
2. The City and the State hereby consent to the modification of the Traffic
Signals at the locations listed in EXHIBIT 1, and to the manner of construction
as shown on plans and described in specifications attached hereto, marked EXHIBIT
2, and made a part hereof upon completion of construction.
CONSTRUCTION RESPONSIBILITIES
The State will advertise for bids, let the construction contract, or otherwise
provide for the construction of the "Installation of Traffic Signals" and will
supervise the construction as required by the plans.
GENERAL
1. The City will make no changes in the operation, use or existence of the ,
traffic signals without written authority from the State. Such changes will
conform to the latest State Manual on Uniform Traffic Control Devices.
2. The City will return any and all parts of the equipment and materials in
the system covered by this agreement to the State should they be removed by the
City for any reason other than for installation on a State or Federal numbered
highway route at a location approved by the State.
3. The City will adopt and enforce such ordinances and regulations as may
be necessary for proper operation of the installations, and prohibit all parking.
4. The City will furnish all electrical energy, operate and maintain all of
the work constructed as a part of the project in a manner satisfactory to the
Department.
5. In the event the terms of this agreement are in conflict with the pro-
visions of any other existing agreements and /or contracts between the City and
the State, this Agreement shall take precedence over the existing Agreements and/
or Contracts.
TT7T1rLMT T r T x`A T T nN7
The City agrees to indemnify the State against any and all damages and claims '
for damages to adjoining; abutting or other property for which the State is or
may be liable arising out of, incident.to or in any way connected with the instal-
lation, the construction, the existence, the use and /or maintenance of such project
and does hereby agree to indemnify the State against any and all court costs,
1
Minutes Continued
March 11, 1980
attorney's fees and all expenses in connection with suits for such damage and I
shall, if requested to do so in writing, assist or relieve the State from defending
any such suits brought against it.
Nothing in this Agreement shall be construed to place any liability on the
City for personal injury arising out of the construction of such project.
Furthermore, it is not the intent of this Agreement to impose upon the City the
liability of injury to this Agreement to impose upon the City the liability of
injury to person or property arising out of the construction of the project by
the State's contractor unless the State itself would be liable for such injury
or damage.
Nothing herein contained shall be construed to place upon the State any
manner of liability for injury to or death of persons or for damage to or loss
of property and the City will save the State harmless from any damages arising
from said maintenance and /or use of said project.
It is further understood and agreed between the parties hereto that the
construction of the project by the State is for the sole purpose of providing
the travelling public a more adequate travel facility and shall never be the
basis of any claim for State assumption or participation in the payment, of
any of the obligations of the City incurred in the improvement, past or present,
of any street project.
In the event the terms of'this Agreement are in conflict with the provisions
of any other existing Agreements and /or Contracts between the City and the
State, this Agreement shall take precedence over the existing Agreements and /or
Contracts.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
City of Nederland on the 11th day of March, 1980 and the State Department of
Highways and Public Transportation on the day of
19
ATTEST: CITY OF NEDERLAND
ALTA FLETCHER BY H. E. NAGEL
City Secretary H. E. Nagel, Mayor
Mayor
(Title of Signing Official)
THE STATE OF TEXAS
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 APPROVAL RECOMMENDED
Assistant Engineer- Director
State Dept. of Highways and Public
Transportation District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maint. Operations
A � Ah — A
Minutes Continued
March 11, 1980
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the
installation of traffic signals in accordance with Manual for two (2) locations:
intersection of FM 347 with Avenue "B ", and intersection of Helena Avenue with
27th Street and to adopt the following Amendment to Ordinance No. 107. All Voted
Aye.
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 ORDI-
NANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT.
WHEREAS, THE CITY COUNCIL OF THE CITY OF NEDERLAND IS OF THE OPINION THAT A DEFI-
NITE POLICY SHOULD BE ESTABLISHED PERTAINING TO TRAFFIC REGULATIONS INCLUDING
TRAFFIC SIGNALS.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1 - TRAFFIC SIGNALS
The City Council hereby authorizes installation of traffic signals in accordance
with Texas Manual of Uniform Traffic Devices and adopts the state regulations for
abiding with the signal indications at the following locations:
At the intersection of Twin City Highway No. 347 with Avenue B; and
the intersection of Helena Avenue with 27th Street.
SECTION 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to
comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall
on conviction thereof be fined 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 sep-
arate offense.
SECTION 3 - REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict with any of
the provisions of this ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this
the 11th day of March, A. D., 1980.
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
1
I� J
1 Ji
Minutes Continued
March 11, 1980
Cedar Bayou
(Operation & Maintenance) 463,000
Channel to Port Bolivar
(Operation & Maintenance) 71,000
Chocolate Bayou
(Construction) 1,900,000
Clear Creek
(Advance Engineering & Design) 300,000
r i .
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize payment of
'
$11,929.50 to Coastal Pools; retaining 10% of total job until punch lists and
start up are completed. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment
of monthly bills for the month of February, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie authorizing endorse-
ment of request of the U. S. Congress by the Corp of Corp of Engineers for fisca
year 1981 Federal Budget as follows and as submitted for consideration to the
Honorable Tom Bevill and the Honorable J. Bennett Johnston, Jr. All Voted Aye.
March 11, 1980
The Honorable Tom Bevill, Chairman
Energy and Water Development Subcommittee
House Committee on Appropriations
Washington, D. C. 20515
Dear Mr. Bevill:
This is to advise that the City of Nederland is situated in the Ninth Congress-
ional District, Texas, and recommends your consideration of FY 1981 budget
appropriations for the following projects:
'
PROJECT FY 1981 BUDGET
Neches River Salt Water Barrier
(Advance Engineering & Design) 350,000
Port Arthur & Vicinity Hurricane Protection
(Construction) 2,200,000
I
Sabine - Neches Waterway
(Operation & Maintenance) 5,986,000
Taylors Bayou
(Construction) 100,000
In addition, we support the following improvements:
PROJECT FY 1981 BUDGET
Cedar Bayou
(Operation & Maintenance) 463,000
Channel to Port Bolivar
(Operation & Maintenance) 71,000
Chocolate Bayou
(Construction) 1,900,000
Clear Creek
(Advance Engineering & Design) 300,000
r i .
Minutes Continued
March 11, 1980
PROJECT
FY 1981 BUDGET
'
Galveston Bay Area Navigation Study
(Investigations)
610,000
Galveston County Shore Erosion
(Investigations)
79,000
Galveston Harbor & Channel
(Operation & Maintenance)
2,363,000
Gulf Intracoastal Waterway
(Operation & Maintenance)
17,835,000
Highland Bayou
(Construction)
1,400,000
Houston Ship Channel
(Operation & Maintenance)
1,316,000
Texas Vicinity Hurricane Protection
(Construction)
4,100,000
Texas City Channel Industrial Canal
(Construction)
4,100,000
Texas City Channel
'
(Operation & Maintenance)
1,336,000
Your consideration of these recommendations is appreciated.
Sincerely,
CITY OF NEDERLAND
H. E. NAGEL
H. E. Nagel, Mayor
DBH:af
CC: City Councilmen
Mr. D. B. Henson, City Manager
A motion was made by Mr. Nagel and seconded by Mr. Gillespie
to approve payment
of the following Capital Improvement Programs. All Voted Aye.
a. Golden Triangle Constructors, Job No. 378- 47E -15,
Detroit and 11th
Street, Estimate No. 4 and Final, $15,369.96.
A motion was made by Mr. Lee and seconded by Mr. Nagel to table
an Executive
Session on matter pertaining to the purchase of right -of -way
and properties
'
necessary for implementation of City of Nederland Improvement
Programs, Article
6252 -17, V.A.T.S. All Voted Aye.
Discussion items were as follows:
Minutes Continued
March 11, 1980
' 1. Drainage in 2100 block of Avenue F.
2. Street striping on N -18th Street.
3. Street Markers.
4. Mid County Municipal League Meeting to be 3/18/80 at 6:30 P. M.,
Port Neches.
5. C. Doornbos Park Swimming Pool Dedication to be 3/16/80 at 3:00 P. M.
6. Heritage Festival Parade.
7. Fire Hydrant Maintenance Program.
8. Street sweeper
9. Extension of payment due dates on water bills during refinery strike.
10. Sidewalks along Twin City Highway - Capital Improvement Program.
11. School District tax appraisals.
12. Census Committee.
13. Method used by City to kill stray animals.
1
The meeting was adjourned at 9:10 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
AM do .
H. E. Nagel, Mayor
City of Nederland, Texas
1 e
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 25, 1980
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. Robert 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 March 11, 1980, as written. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing approval of
the following Resolution and Proclamation naming April 1, 1980, as "STAND UP AND
BE COUNTED DAY" as recommended by the Nederland Census Committee, Mr. Charles
Thomas, Chairman. All Voted Aye.
A RESOLUTION ENCOURAGING THE MAYOR OF THE CITY OF NEDERLAND TO
PROCLAIM APRIL 1St, "STAND UP AND BE COUNTED DAY"
1
WHEREAS, the Twentieth United States Decennial Census of Population and Housing
will be conducted beginning on April 1, 1980; and
WHEREAS, all the inhabitants of the City of Nederland are to be enumerated in
this census; and
WHEREAS, the information collected in the census will be used to assure that '
every state in the nation is apportioned its fair number of seats in the U. S.
House of Representatives, is used by Congress and government agencies in both
planning and management of federal and local programs, and in the distribution of
more than $50 billion a year to local communities for education, police protection,
General Revenue Sharing and much more; now therefore,
BE IT RESOLVED BY THE NEDERLAND COMPLETE COUNT COMMITTEE:
THAT the committee encourages the Mayor of the City of Nederland, through
action of the Nederland City Council to declare April 1, 1980, as "STAND UP AND
BE COUNTED DAY" and to encourage all residents in the City of Nederland to fully
participate in this important national event.
READ, ADOPTED AND APPROVED this 17th day of March, A. D. 1980, at the meeting
of the Nederland Complete Count Committee.
Charles Thomas,
Committee Chairman
OFFICE OF THE MAYOR
PROCLAMATION
I, Homer E. Nagel, by virtue of the authority vested in me as Mayor of the I
City of Nederland, Texas, do hereby
PROCLAIM
Minutes Continued
March 25, 1980
Tuesday, April 1, 1980
AS
"STAND UP AND BE COUNTED DAY"
in the City of Nederland, Texas, and urge each and every Citizen of our City to
answer the Twentieth United States Decennial Census of population and housing.
In testimony whereof, witness my hand and Seal of the City of Nederland
this the 25th day of March, A. D., 1980.
ATTEST: H. E. NAGEL
Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing acceptance
of Allan Meadow Addition, Section Four; final acceptance of streets, drainage,
and appurtenances and commencing of one (1) year maintenance period; authorize
advertisement for bids to be received 6:30 P. M., April 22, 1980, for water
and wastewater facilities within Allan Meadow Addition, Section Five, in accord-
ance with Ordinance No. 121. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie certifying "substantial
completion" for the Daniels Construction and Coastal Swimming Pools, Inc.,
contracts on the Doornbos Heritage Park Phase II Development; and authorize
sodding and planting around the swimming pool and vicinity by Mid- County Gifts
and Florists on the basis of their low quotation of $2,995.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the
following Resolution assigning ballot numbers for absentee voting and for
regular voting for the election of Saturday, April 5, 1980. All Voted Aye.
A RESOLUTION
WHEREAS, Article 6.09 of Texas Election Laws has been amended so that
official ballots are to be counted before delivery to the Election Judge and
the number of each entered of record on the Minutes of the governing body;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
That 100 ballots be delivered for use in absentee voting ranging from Serial
Number 36470 through 36569, and 1,000 ballots for use in regular voting on
election day ranging from Serial Number 00001 - 01,000.
PASSED by the City Council this 25th day of March, 1980.
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
J ` - City of Nederland, Texas
Minutes Continued
March 25, 1980
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing appraisal
of 3 acre site on which is located the Y.M.C.A. pool across the street from the
Water Plant at the intersection with Canal Avenue; and appraisal of the remnant
of the Service Center property at 3112 Avenue G; not to exceed $400.00 for the
appraisals. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award the bid for
seven (7) traffic signals (Eagle) to G & M Sales Company of Fort Worth, Texas, on
the basis of their low bid received during the previous meeting of March 11, 1980.
All Voted Aye.
Presentation was made of annual report of the Police Department by Police Chief,
Billy Neal.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Rental sign blocking view of traffic at Helena Ave. & Hwy. 347.
2. Complaint by Mr. Bob Gleason of loose garbage being left on street.
3. Ditch needing to be cleaned out at 1912 Elgin.
4. Water treatment process.
5. Dilapidated houses in Clayton Addition.
6. Methods of destroying dogs in area cities.
7. Mid County Municipal League meeting in Port Neches 3/18/80.
8. Street sweeper study.
9. Water District #10 accepted as member of Mid County Municipal League.
10. Bond sale receipt - 4/15/80.
11. Plans for Library and Activity Building.
12. Rights -of -way.
13. Doornbos Park Swimming Pool operation.
The meeting was adjourned at 8:05 P. M.
H. E. Nagel, Mayofr
City of Nederland, Texas
ATTEST:
'1�./7/1
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
1
1
1
1
, r7
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 8, 1980
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. Sam Gillespie,
and Mr. H. E. Nagel. Mr. R. A. Nugent was absent.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve the
Minutes of the previous meeting of March 25, 1980, as written. All Voted Aye.
The returns of the April 5, 1980, General Election and Absentee Election were
read by Mrs. Luetta Powell, Election Judge. Out of 698 votes cast, 96 were
absentee. Respective candidates received the following number of votes:
NAME OF CANDIDATE OFFICE VOTES
H. E. Nagel Mayor 613
Thomas E. Lee, Jr. Councilman of Ward Two 582
Jeanne Belaire Councilman of Ward Four 256
R. A. Nugent Councilman of Ward Four 422
A motion was made by Mr. Nagel and seconded by Mr. Lee to accept returns of
the election as presented and to authorize payment to the election officials
in the amount of $229.25. All Voted Aye.
The Oath of Office was administered by the City Secretary to the Mayor, H. E.
Nagel, and to the Councilman of Ward Two, Mr. Thomas E. Lee, Jr.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Amendment to Ordinance No. 164 providing for regular council meetings in accord-
ance with 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 8, 1980, THROUGH APRIL 7, 1981.
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 22
May 13, 27
June 10, 24
July 8, 22
August 12, 26
September 9, 23
October 14, 28
November 18, 25
December 9, 23
Minutes Continued
April 8, 1980
January 13, 27
'
February 10, 24
March 10, 24
April 7
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 8th day
of April, 1980.
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
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of
bills for the month of March, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie authorizing attendance
and expenses of J. B. McKinney, City Treasurer, to the 26th Governmental Accounting
and Finance Institute at Austin, April 21 -22, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to authorize the following
Change Orders and Estimates under the 1977 Capital Improvement Program. All Voted
Aye.
1. Excavators & Constructors, Inc., Job No. 379 -75E, (27th Street storm sewer)
Change Order No. 1, changing unit price for ditch cleaning from $8.50 per
L. F. to $4.50 L. F.;
2. Excavators & Constructors, Inc., Job No. 379 -75E, (27th Street storm sewer)
Change Order No. 2, extra work for sawing of concrete pavement, $7,031.70; and
3. Excavators & Constructors, Inc., Job No. 379 -75E, (27th Street storm sewer)
Estimate No. 1, $54,000.00.
'
An Executive Session was conducted to discuss appraisals of Donnie Jones and
Associates and acquisition of property.
Minutes Continued
April 8, 1980
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment to
' Donnie M. Jones Associates in the amount of $200.00 for appraisal services of
Service Center property located at 3112 Avenue G and to approve acquisition of
property at the appraised value as possible 500,000 gallon water tank site.
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 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. Garbage container relocated at Service Center.
2. Expansion of Parkway Village.
3. Expiration of 10 -year contract with Parkway Village.
4. Newton & Company to expand water & sewer services to include Viterbo Road.
5. Request for list of curb and gutter work.
6. Doornbos Park plaques - alternatives.
7. Use of polymers at Water Plant to assist in annual discoloration of water.
8. Aerial photos.
9. Dog euthanasia.
10. Need for backstop at Helena Avenue Park.
11. Grant application for site engineering (Sanitary Landfill) & update of
water system master plan not approved.
12. Monies for Bond sale to be delivered 419180 - $2,000,000.00.
13. TML meeting in Lufkin, April 17, 1980.
The meeting was adjourned at 8:30 P. M.
H. E. Nagel, MayoY'+
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
I \()
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
April 22, 1980 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. Nugent and seconded by Mr. Gillespie to approve Minutes of
the previous meeting of April 8, 1980, as written. All Voted Aye.
A large group of residents from Avenue "G" area was present to voice protest of the
proposed water tower site. Comments were heard from twelve property owners. After
much discussion the following action was taken.
A motion was made by Mayor Nagel and seconded by Mr. Sawyer to reaffirm action previ-
ously taken by the Council during the meeting of April 8 pertaining to a water tower
site and to proceed with engineering studies and plans to be brought back to the Council
at a later date. All Voted Aye.
Bids were received for furnishing of all necessary material, equipment, superintendence,
and labor for the construction of water and sanitary sewer system for Allan Meadow
Section Five Subdivision. The nine (9) bidders were: J. C. Johnson Plumbing Co.,
Imperial Constructors, John Bankston Construction & Equipment, C & P Equipment Co.,
Bella Company, Excavators and Constructors, Mar -Len, Inc., Golden Triangle Construction, an
Crabtree Construction Company.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids to the City
Staff for tabulation and recommendation at the next meeting. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize expansion
of 57 mobile home lots in Parkway Village Mobile Home Park in accordance with Ordinance
No. 149 and the contract with this organization. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve plans for the
library addition and authorize advertisement for bids to be received 6:30 P.M., May 27,
1980, for the library expansion.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve raising rates for
Mid - County Municipal League for sanitary landfill operation from $1.09 to $1.30 per
month, effective May 1st and payable June 1st. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement for
bids to be received 6:30 P.M., May 13, 1980, for the purchase of 324,000 plastic garbage
bags. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance and
expenses of the following:
a. John Bamber, Director of Public Works, to State Conference on Single Number Emergency
Systems and the Texas Public Works Workshop in Austin, May 5 -10, 1980, and, ,
b. Mike Lovelady, Fireman, to Lamar University Regional Police Academy in Beaumont,
May 12 -July 18, 1980.
All Voted Aye.
1
" I
Minutes Continued, April 22, 1980
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a list of broken
curbs in Youmans Addition and Helena Park Subdivision to be repaired at a total esti-
mated cost of material amounting to $1,557.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept streets and
storm sewer and appurtenances in Allan Meadow Section Five Subdivision. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to elect Councilman R. A.
Nugent Mayor pro tempore in accordance with Article 3.07 of the City Charter. All
Voted Aye.
An Executive Session was conducted on matters pertaining to personnel, possible
litigation, and purchase of right -of -way and properties necessary for implementation
for City of Nederland improvements programs, in accordance with Vernon's Statutes.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Mr. Mike Delgado
as Acting City Manager effective April 23, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on possible
litigation and purchase of right -of -way. All Voted Aye.
Discussion items were as follows:
1. Central Business District grant application rejected.
2. Revenue Sharing not yet allocated.
3. New back stop erected in park.
4. Grant offer on Step 2, EPA project.
The meeting was adjourned at 10:20 P.M.
H. E. Nagel, Mayor v
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
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. May 13, 1980 '
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 previous meeting of April 22, 1980, as written. All Voted Aye.
Mayor Gary Graham of Port Neches and Mr. Ed Hutchins, President of the Chamber of
Commerce, were present to welcome all the citizens of Nederland to Port Neches for
their annual Pow Wow Festival, May 15 -18, 1980.
Mr. Charles Norwood, City Manager of Port Neches, presented a check for the Bob Henson
Memorial Fund on behalf of all the area city managers to show their gratitude for all
things Mr. Henson had done for them in the past. They all asked us to call on them if
we ever need anything.
At this time Mayor Nagel presented a Resolution to Marie Henson from the Texas Municipal
League honoring Mr. Bob Henson for his many years of service to the League.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize the Mid- County
Municipal League to proceed with the sanitary landfill study, not to exceed $4,000.00.
All Voted Aye. ,
Mr. Murphy Vaught, Moore, Stansbury & Vaught, presented the final plans for the Activity
Center to built at Doornbos Park.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the plans for the
Activity Center and authorize advertisement for bids to be received 6:30 p.m., June 10,
1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Change Order
No. 3 for Excavators & Constructors, Job No. 379 -75E, 27th Street storm sewer, for
extra work in the amount of $3,016.30, and Change Order No. 4 in the amount of $7,783.36.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following estimates
under the 1977 Capital Improvement Program:
a. Excavators & Constructors, Inc., Job No. 379 -75E, 27th Street storm sewer, Estimate
No. 2 & Final, $49,076.86;
b. Crawford Construction Co., Job No. 378- 47E -13, Park Street storm sewer, Estimate
No. 1, $34,400.00; and,
C. Golden Triangle Constructors, Inc., Job No. 378 - 47E -14, Hill Terrace and Hilldale
Drives, Estimate No. 1, $43,200.00.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve attendance ,
and expenses for Kenneth Meaux, Plumbing Inspector, to the Texas State Association
of Plumbing Inspector's Short School, Harlingen, Texas, from June 8 -12, 1980. All
Voted Aye.
Minutes Continued, May 13, 1980
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a Resolution
stating that the City of Nederland does not object to encroachment at 3215 and 3219
Avenue "D ", Lot 22, Block 19 of Airport Subdivision. All Voted Aye.
RESOLUTION
WHEREAS, Port Arthur Abstract and Title Company of Port Arthur, Texas has called
attention to an encroachment on the twenty (20) foot easement in the rear of property
locally known as 3215 and 3219 Avenue D and legally described as part of Lot 22 (22),
Block Nineteen (19), of Airport Subdivision, Nederland, Texas; and,
WHEREAS, Port Arthur Abstract and Title Company has requested a written waiver
confirming 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 RESOLVED 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 the 5th day of
April, 1980.
PASSED AND APPROVED by the City Council of the City of Nederland during a legally
convened meeting thereof this 13th day of May, A.D., 1980.
S /H. E. NAGEL
H. E. Nagel, Mayor
ATTEST: City of Nederland, Texas
S /LADONNA FLOYD
LaDonna Floyd, 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. Gillespie to authorize advertisement
for bids to be received 6:30 p.m., June 10, 1980, for VHF 2 way radios. All Voted Aye.
Sealed bids were opened and read for 324,000 black plastic garbage bags. The bidders
were: Pakrite Plastic, Arrow Industries of Dallas, Adams Industries, Sunbelt,
B & E Packaging, and Bemis.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids for garbage
bags to the City Manager and his staff for tabulation and recommendations. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award bids for water and
' sewer lines of Allan Meadow Subdivision Section Five as received during the meeting of
April 22, 1980, to Excavators & Constructors, Inc., in the amount of $24,106.98, with
the developer paying $22,341.50 and the City paying $1,765.48. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the payment of
the bills for the month of April, 1980. All Voted Aye.
Affift dh ` M - --
Minutes Continued, May 13, 1980
A motion was made by Mr. Gillespie_ and seconded by Mr. Nugent to authorize Boy
Scout Troup #113 to use Rooms 2, 7, and 8 of the Old City Hall, 908 Boston
Avenue, and the Meeting Room on Monday nights. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint Mike Delgado, ,
Acting City Manager, to sign all Comprehensive Employment Training Act contracts.
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
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. Parking on Avenue "H" near pool dangerous for children.
2. Summer resurfacing program needs to include 27th Street - Helena to Canal.
3. Right -of -way on both sides of railroad needs mowing.
4. 904 - 30 Street has trash in middle of sidewalk.
5. Storm sewer in Armstrong Estates - joint project with County & W. C. I. D. V.
6. Received traffic signals ordered several weeks ago.
7. Developers building apartment complex outside city limits and in Water Districts
jurisdiction would like to be annexed by City.
8. Children playing in dumpsters at Service Center and throwing garbage everywhere,
believed to get in through back gate.
9. Dumpsters at Service Center causing more problems than at City Hall.
10. Letters for councilmen who will attend conference in Brownsville.
The meeting was adjourned at 8:50 p.m. I
Homer E. Nagel, Mayor r.Y
City of Nederland, Texas
ATTEST:
LaDonna Floyd, Acting City Secretary
City of Nederland, Texas
J
REGULAR MEETING OF THE CITY COUNCIL OF THE
' CITY OF NEDERLAND
May 27, 1980
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 May 13, 1980, as written. All Voted Aye.
Sealed bids were received, opened and read for the library expansion project under
the 1977 Capital Improvement Program. Contractors bidding were as follows: Allied
Enterprises, Inc., $88,985.00; Barclay Construction Co., $134,035.22; Bella Co.,
$141,900.00; Crenshaw Construction Co., $138,941.00; Defee Construction Co.,
$133,900.00; Duckworth, Inc., $115,866.00; Winter King & Son, $110,246.00; Mansard
Homes Company, $128,424.25; Mar -Len, Inc., $138,485.00; Port City Construction Co.,
$128,459.00; Ritter, Inc., $126,800.00; J. E. Williams Construction, $139,750.00.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer the above described
bids to the City Manager and his staff for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize Change Order No. 2
for Daniels Construction Company, Doornbos Heritage Park - Phase IIA, for extra work,
in the net amount of $496.69. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize the following
estimates under the Capital Improvement Program:
a. Daniels Construction Company, Doornbos Heritage Park Phase IIA, Estimate No. 7,
$27,065.69; and,
b. Coastal Pools, Doornbos Heritage Park Phase IIB, Estimate No. 9 and Final, $18,998.50.
The meeting recessed at 6 :55 P.M. in order to allow Council members to attend Nederland
High School graduation ceremonies. The meeting was scheduled to reconvene at 2:00 P.M.
on Wednesday, May 28, 1980.
May 28, 1980
The meeting was reconvened and called to order at 2 :00 P. M. by Mayor H. E. Nagel.
All members were present.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve replacement of
fuel tank near Fire Station for a total amount not to exceed $1,700.00. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve an Amendment to
Ordinance No. 107 providing for "No Parking" along the south side of Avenue "H" west
of the C. Doornbos Park swimming pool area as marked. All Voted Aye.
.. M AL Am
Minutes Continued, May 27, 1980
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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS:
SECTION 1 - NO PARKING
Parking shall be prohibited for a distance of :sixty (60) feet along
the south side of Avenue "H" west of the C. Doornbos Park swimming
pool parking area as marked.
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 separ-
ate provision thereof shall be considered a separate offense.
SECTION 3 - REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict
with any of the provisions of this ordinance are hereby expressly
repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas,
on this the 28 day of May, A. D., 1980.
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. Nugent to receive applications for
"On Premises Alcoholic Beverages Permit" as follows:
a. The Berrie Patche, 324 13th Street; and,
b. Geneva's Seafood To Go, 3324 Nederland Avenue.
All Voted Aye.
Minutes Continued, May 27, 1980
A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid to Sunbelt
Plastics for the purchase of 340,000 black plastic garbage bags in accordance with
bid received during the meeting of May 13, 1980. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the
attendance and expenses of John I. Bamber, Director of Public Works, to a two
day seminar at Baytown by Texas A & M University, June 11 -12, 1980, for a "B"
Certification in Solid Waste, All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Workers'
Compensation Joint Insurance Fund, Interlocal Agreement, to be extended for three
years and authorize Mayor Homer E. Nagel to sign agreement. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the Environ-
mental Protection Agency Step 2 Construction Grant for wastewater system improve-
ments. All Voted Aye.
An Executive Session was conducted to discuss acquisition of tank sites in accordance
with appraisal of Donnie Jones and Associates.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize payment in the
amount of $250.00 to Donnie Jones and Associates for appraisal of 17th Street and
Canal property. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table an Executive Session
on matters pertaining to purchase of right -of -way and properties necessary for im-
plementation of City of Nederland improvement programs, Article 6252 -17, V.A.T.S.
All VotedAye.
Discussion items were as follows:
1. Request for meeting of Zoning Board of Appeals by Anthony Concienne.
2. Members of Boards being contacted about reappointment.
3. Contact of County Commissioner about upper end of 27th Street.
4. Tentative list of streets to propose for 1980 Street Improvement Program.
5. Violation of Ordinance No. 78 at 615 S -13th Street.
6. Over - loaded sewer line in 1500 Block of Jackson.
7. Availability of personnel on weekends in Water Department.
8. Parking of mobile home at 1904 Gary.
The meeting was adjourned at 3:30 P. M.
H. E. Nagel, Ma` 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 '
June 10, 1980
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. Lee and seconded by Mr. Sawyer to approve the Minutes of
the previous meeting of May 27, 1.980, as written. All Voted Aye.
Sealed bids were received, opened, and read for the Activity Center project under
the 1977 Capital Improvement Program. Bidders were as follows: Allied Enterprises,
Inc., Bella Company, Duckworth, I:nc., Galaxy Building Corp., H.M.T., Inc., Winter
King & Son, Mansard Homes Co., Mar -Len, Inc., McBridge Construction, H. B. Neild
& Sons, Inc., Norstok Building Systems, Port City Construction, Ritter, Inc., Texas
Gulf Construction, and J. E. Williams Company.
A motion was made by Mr. Nagel and seconded by Mr. Lee that the bids for the Activity
Center project under the 1977 Capital Improvement Program be referred to the City
Manager and Architect and their staff for tabulation and recommendation. All Voted
Aye.
Sealed bids were received, opened, and read for VHF 2 -Way radios. Bidders were
as follows: D.E.G. Electronics, Inc., Gulf Coast Electronics, Inc., Electrical
Repair Service, Bartlett Electronics, Inc., Motorola, Inc., and Mobile Phone
Company.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to refer the bids for
VHF 2 -Way radios to the City Manager and his staff for tabulation and recommendation.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the following
Change Orders and Estimates under the Capital Improvement Program. All Voted Aye.
a. Golden Triangle Constructors, Job No. 378- 47E -14, Hilldale and Hill
Terrace storm sewer, Change Order No. 1, $3,,400.00; and
b. Crawford Construction Co., Job No. 378 - 47E -1.3, Park Street storm sewer,
Change Order No. 1, $5,100.00; and
c. Golden Triangle Constructors, Job No. 378 - 47E -13, Hilldale and Hill
Terrace storm sewer, Estimate No. 2, $77,800.00; and
d. Crawford Construction Co., Job No. 378 - 47E -1.4, Park Street storm sewer,
Estimate No. 2, $17,200.00.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for
Library expansion project to Allied Enterprises, Inc. on the basis of their low ,
bid of $99,085.00. All Voted Aye.
Minutes Continued
June 10, 1980
A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Charles
R. Haile and Associates to proceed with engineering studies for Step II of the
Environmental Protection Agency construction grant for Wastewater System
improvements. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the
attendance and expenses of Michael Delgado, Acting City Manager, to the
Texas City Management Association Annual meeting in Lubbock, Texas, June
21 -24, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize payment
of bills for the month of May, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to accept water and
sanitary sewer utilities in Allan Meadow Section V; and to authorize final
payment to Excavators and Constructors in the amount of $24,106.98, with City
participation of $1,765.41, and total payback to Allan Meadow Development
Company under this agreement in the amount of $23,681.99. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on
an Executive Session 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. All Voted Aye.
Discussion items were as follows:
1. Weeds growing in alley in the 900 block of Boston Avenue.
2. Raw sewage in ditch at the intersection of 16th Street and Nederland Ave.
3. Budget meeting to be June 16, 1980.
4. Bids having been awarded on trash truck.
5. C. Doornbos Park Swimming Pool.
6. Utilization of Doornbos Park pool.
The meeting was adjourned at 8:40 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
June 24, 1980
The meeting was called to order at. 6:30 P. M. by Mayor Pro Tem R. A. Nugent.
Members present were Mr. R. D. Sawyer, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and
Mr. Sam Gillespie. Members absent. were Mr. H. E. Naael.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for the
Nederland Activity Center as received during the meeting of June 10, 1980, to
Winter King and Son on the basis of their low bid of $650,673.00; and to approve
the proposed change order for slab moisture barrier as proposed by Murphy Vaught,
Architect. All Voted Aye.
A Public Hearing was conducted for the purpose of obtaining written and oral comment
from the public on the proposed usage of revenue sharing funds in the upcoming budget
for Fiscal Year 1980 -1981 in accordance with rules of the Federal Office of Revenue
Sharing. The Mayor Pro Tem said that the amount of unappropriated revenue sharing
funds in the local trust fund was a zero amount and that the amount of revenue
sharing funds expected to be received during the upcoming fiscal year is $138,064.00,
and is budgeted as follows:
Revenue
Expenses
REVENUE SHARING
BUDGET FOR FISCAL YEAR
OCTOBER 1, 1980 - SEPTEMBER 30, 1981
*Street Lights
Electricity -Sewer Plant
Electricity -Water Plant
Electricity - Buildings
Operating
Actual Budget Budget
1978 -3.979 1979 -1980 1980 -1981
$131,194.00 $138,192.00 $138,064.00
$131,194.00 $138,192.00 $138,064.00
$ 39,000.00
$ 48,000.00
$ 20,000.00
$ 31,064.00
$138,064.00
No questions or comments were received from the audience.
A motion was made by Mr. Lee and seconded by Mr. Gillespie that we approve the uses
of Revenue Sharing Funds as outlined. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve appointment
of City Officials in accordance with the City Charter from July 1, 1980, through
June 30, 1981, as follows: Mrs. Alta. Fletcher, City Secretary /Tax Assessor - Collector;
J. B. McKinney, City Treasurer; Billy Neal, Police Chief; Austin Sattler, Fire Chief;
Melvin Franks, City Judge; and W. E. Sanderson, City Attorney; and appointment of
Civil Defense Officials in accordance with Ordinance No. 187 as follows: Jerry McNeill,
Director, and Billy Neal, Assistant Director; and Planning Commission - Melvin L. Moss,
R. J. Lawrence, Clifford 0. Williams, Robert Bodemul.ler, and R. J. Williford; and
Zoning Board of Appeals - Cecil Fleming, Bill Quick, Joe Cureton, and Dallas Broussard.
All Voted Aye.
1
1
1
Minutes Continued
June 24, 1980
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve application
for permit for sale of alcoholic beverages for "on premises consumption" in
accordance with Ordinance No. 70 to The Berrie Patch, Inc., 324 -13th Street; and
to deny request for same to Geneva's Seafood To Go, 3224 Nederland Avenue. All
Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent that we reject the
bids received during the meeting of June 10, 1980, for VHF 2 -Way radios. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize Change Order
No. 2 for Job No. 378- 47E -14, Hilldale and Hill Terrace Drive storm sewer, in the
amount of $1,010.43. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize final payment
to Golden Triangle Constructors, Inc., Job No. 378 - 47E -14, Hilldale and Hill
Terrace Drive storm sewer, Estimate No. 3 & Final, in the amount of $31,234.57.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Amendment to Ordinance No. 137, amending the standard building code Section 103.4,
giving notice, cost incurred, and method of collecting expenses incurred; provid-
ing penalties for violation of this ordinance; providing a severability clause.
All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 137
AN AMENDMENT TO ORDINANCE NO. 137 BY AMENDING THE STANDARD BUILDING CODE SECTION
103.4, GIVING NOTICE, COST INCURRED, AND METHOD OF COLLECTING EXPENSES INCURRED:
PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE: PROVIDING A SEVERABILITY
CLAUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1.
In the event of failure, neglect or refusal by the owner, agent or person in
control to comply with notice to repair, rehabilitate, or to demolish and remove
said building or structure or portion thereof, it shall be the duty of the Building
Official to cause written notice to be personally served upon any such owner,
agent or person in control, in the same manner as in cases of service of civil pro-
cess, or by certified letter addressed to last known address of any such parties
or if the names and addresses, or either of them are unknown, or if personal
service cannot be had then service may be made by publication of said notice on
two separate days within ten (10) consecutive days in any newspaper of general
circulation within the City of Nederland, and return there of made in conformity
with the provisions of Revised Statutes of Texas governing service of citation
by publication.
SECTION 2.
Said notice shall state the particulars of any such violations, contain a
description of the property where such violation exists sufficient to identify
same, require such party to desist from further violation and direct a compliance
with the provisions of any sub- section of this ordinance, which has been violated,
within ten (10) days from date of service of such notice.
Minutes Continued
June 24, 1980
SECTION 3. '
Should the recipient of any such notice as above provided fail, neglect or
refuse to comply with the requirements thereof, or initiate the necessary steps
or measures toward complying therewith, within said period of ten (10) days, the
City of Nederland, by virtue of the power conferred upon it by its Charter and the
provisions of Article 1015, (24), Revised Statutes of Texas, acting by and through
the Building Official shall have the power to enter- in and upon said premises and
perform any and all work, acts and things necessary to be done in compliance with
the requirements of said notice, and incur all necessary expenses in connection
therewith; the Building Official shall further cause any recurrence of such
violations as set forth in the original notice to be corrected for a period of
six (6) months thereafter, without the necessity of` further notice, and all of
such work and expenses incurred in connection therewith shall be done on the
accoubt of and at the cost of the owner, agent, or occupant of any such premises,
and is declared to be a personal charge against any such owner, agent or occupant,
and a lien upon said property, as hereinafter provided.
SECTION 4.
Whenever the City of Nederland shall have performed the work, and paid all
necessary expenses in connection therewith, as herein above provided, the Building
Official shall prepare and file for record in the Office of the County Clerk of
Jefferson County, an itemized statement of all such. work performed and costs and
expenses incurred and paid by the City of Nederland. in connection therewith in
the form of an affidavit duly sworn to, which affidavit or duly certified copy I
thereof after recordation shall be prima facie proof of work done and performed
and amounts expended and paid therefor.
SECTION 5.
Such affidavit, among other ;provisions, shall contain the following:
(1) Name and address of owner, occupant or agent of owner of property if
known, and if unknown, :recite that fact.
(2) Description of property sufficient to identify same, and where
property has been subdivided, a description by lot and block number
of any particular subdivision shall be sufficient.
(3) Statement of the particular violation.
(4) Statement that notice of violation was given to owner in accordance
with this ordinance and statement as to failure to comply herewith.
(5) Itemized statement of the work done and performed, together with costs
thereof opposite each item.
(6) Statement of payment made by the City, the date of such payment, and to
whom made. ,
(7) Statement that such affidavit is made for the purpose of fixing a lien
upon the property therein described, in accordance with the provisions of
Article 1015, (24) Revised Statutes of the State of Texas and any amend-
ments thereto, with 10% interest on aggregate amount paid by the City.
Minutes Continued
June 24, 1980
SECTION E.
Same - Foreclosing Lien -- Upon the filing of the statement and affidavit
provided for, the City shall have a lien for the re- payment of the aggregate
amount so expended and paid as therein set forth, with ten per cent interest
thereon from the date of payment thereof by the City, upon the property described
in said affidavit; and which lien shall have precedence over all other liens and
encumbrances except tax liens and liens for street improvements; and for any such
expenditures and interest as afore said, suit may be instituted, and recovery had
and said lien foreclosed in the manner provided by law, by the City.
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 of any of the terms or provisions of this ordinance by any corporation
the officers and agents actively in charge of the business of such corporation,
shall be subject to the penalty herein provided. Any offense defined herein which
has been defined by laws of the State of Texas as an offense and for which penalty
has been prescribed shall be punished as provided in said state law and nothing
herein shall be held as fixing any penalty contrary to a penalty provided by the
laws of the State of Texas.
SEVERABILITY CLAUSE
If any provisions of this ordinance or the application thereof to any person
or circumstance is held invalid, the remainder of this ordinance and the applica-
tion of such provisions to other persons or circumstances shall not be affected
thereby. Repealing Clause: All ordinances or parts of ordinance or any part
of the Standard Building Code in conflict with this ordinance are hereby repealed.
WHEN EFFECTIVE: This amendment shall be effective from and after its passage and
publication as required by law.
PASSED by the City Council this 24th day of June , A. D., 1980.
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
A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing attendance
and expenses of the following to the annual Firemen's Training School located at
Minutes Continued
June 24, 1980
Texas A & M University, College Station, Texas: A., W. Sattler, Morris Meziere, I
Gary Collins, Robert Christoffers, and Pat Sadler, from July 20 -July 25, 1980.
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
programs, Article 6252 -17, V.A.T.S., and matters pertaining to personnel.
Discussion items were as follows:
1. Hump in North bound lane of Highway 347 at Avenue "B ".
2. Turning lane striping on Highway 69 near Airport entrance.
3. Stop signs on S -13th & S -14th at Avenue "L ".
4. Cleanup completed in Boston Avenue Park.
5. Street markers having been ordered for Jackson Street and Twin City Highway.
The meeting was adjourned at 8:05 P. M.
Mayor Pro -Tem, R . Nugent
City of Nederlan , Texas
ATTEST
Alta Fletcher, City Secretary
City of Nederland, Texas
* *A motion was made by Mr. Nugent and seconded by Mr. Lee to table action 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., and matters pertain-
ing to personnel. All Voted Aye.
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
July 8, 1980
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. Sam Gillespie, Mr. R. A. Nugent, Mr.
Tom Lee, Jr., and Mr. H. E. Nagel.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of June 24, 1980, as written. All Voted Aye.
A presentation was made of the 1980 -1981 Fiscal Budget for the City of Nederland
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the budget
as presented by Acting City Manager, Michael Delgado and to adopt the following
Resolution providing for Public Hearing to be held 6:30 P. M., August 12, 1980,
for adoption of the 1980 -1981 Fiscal Budget. All Voted Aye.
A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND
AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL
YEAR BEGINNING OCTOBER 1, 1980, AND ENDING SEPTEMBER 30, 1981.
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, 1980, and ending September 30, 1981, and;
WHEREAS, such proposed and estimated budget, after due hearing and consideration,
should be approved in its proposed, or amended form.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
That the budget as prepared and submitted by the City Manager for the total
expenditures in each of the various departments of the City of Nederland is hereby
accepted and a Public Hearing is hereby set for 6:30 P. M., August 12, 1980,
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 8th
day of July, A. D., 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. NAGEL
H. E. Nagel, Mayor
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing advertise-
' ment for bids to be received 6:30 P. M., July 22, 1980, for VHF two -way radios.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Resolution and to retain Touche -Ross and Company as Rate Experts in contesting
Minutes Continued
July 8, 1980
the rate increase in Gulf States Utilities Company service area with the other
effected cities and to retain Don Butler to assist the City Attorney in contesting
the Gulf States Utilities rate increase, and this rate increase and the contesting
of the rate increase is to include the areas outside city limits as well as within
city limits. All Voted Aye.
A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED
RATE SCHEDULES FILED BY GULF STATES UTILITIES COMPANY FOR A PERIOD OF ONE HUNDRED
(120) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT.
WHEREAS, Gulf States Utilities Company did, on June 17, 1980, file a schedule of
rates for electric service within the City of Nederland, Texas, to become effective
July 22, 1980; and
WHEREAS, after having heard the presentation of Gulf States Utilities Company it is
the opinion of the City Council of the City of Nederland, Texas, that such schedule
of rates should be suspended for a period of 120 days from July 22, 1980, for further
study, investigation, presentation of evidence and public hearing; and
WHEREAS, a copy of this resolution has been provided Gulf States Utilities Company
prior to its consideration by the City of Nederland, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
Pursuant to Section 43 (d) of the Public Utility Regulatory Act, the operation of
the Gulf States Utilities Company's proposed rate schedules filed with the City of
Nederland, Texas, on June 17, 1980, is hereby suspended for a period of 120 days from
July 22, 1980, for further study, investigation, presentation of evidence and public
hearing.
ADOPTED by the City Council of the City of Nederland,on this the 8th day of July, 1980.
ATTEST:
ALTA FLETCHER
CITY SECRETARY
H. E. NAGEL
MAYOR
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following 1980
Street Improvement Program. All Voted Aye.
CITY OF NEDERLAND
STREET IMPROVEMENT PROGRAM
1980
TOP PRIORITY ITEMS ONLY
Fj�
it
1
LENGTH /FEET
BASE
Avenue M: South 16th Street to Highway 347
1650
1650
Avenue E: South 27th Street to South 21st Street
2000
2000
Navasota: 14th Street to 15th Street
400
400
Orange: 14th Street to 15th Street
400
400
15th Street: Orange to Navasota
300
300
Hilldale Circle
2300
2300
Avenue D: Hardy Avenue to South 37th Street
1300
1300
27th Street: Canal to Lawrence
1600
1600
Hill Terrace Drive: Hilldale Circle South to Highway 365
800
800
10,750.00
10,750.00
Fj�
it
1
Minutes Continued
July 8, 1980
Limestone in place $10.70 per foot
Asphalt overlay (materials only) $4.50 per foot
TOTAL $15.20
10,750.00 feet @ $15.20 = $163,400.00
Discussion was held with Mr. Klein, of the Nederland National Little League,
concerning payment of bills at ball park.
Discussion was held with residents in the neighborhood of 3307 Avenue "M"
concerning house fire at that address on July 1, 1980.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
following 1980 policy for blacktopping driveways, with expiration of program
to be September 30, 1980. All Voted Aye.
POLICY FOR
BLACKTOPPING DRIVEWAYS /PARKING LOTS
LOCATED WITHIN CITY RIGHT -OF -WAY ADOPTED
The Nederland City Council has approved City participation in blacktopping
of that part of existing driveways and parking lots as is located upon public
street right -of -ways. The estimate for citizen participation (surface materials)
is based on the linear foot of frontage, or width of driveway. For those of
less than 15' deep a charge of $6.25 per fron foot is assessed; for those of
more than 15' deep a charge of $8.30 per front foot (or width) is assessed.
This 1" minimum thickness asphaltic surface is placed upon the existing base
and is maintained by the City for one year from date of completion. Applications
and further information is available in the office of John Bamber, Director of
Public Works. The policy expires September 30, 1980.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of monthly bills for the month of June, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing payment
of expenses for James Byers, Building Official, to attend the Annual Municipal
Inspectors Training School at A & M University in College Station, Texas, on
August 3 -8, 1980. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing the
following estimate under the Capital Improvement Program. All Voted Aye.
a. Crawford Construction Co., Job No. 378- 47E -13, Park Street
storm sewer, Estimate No. 3, $6,800.00
An Executive Session was held on matters pertaining to personnel and 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. Gillespie to table action on
matters pertaining to personnel and 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.
Minutes Continued
July 8, 1980
Discussion items were as follows:
1. Property needing to be cleaned on S -29th Street between Avenue "N" and Hwy. 365.
2. Rats on 33rd Street behind Geneva's Seafood To Go.
3. Turning lanes at intersection of Nederland Avenue and 27th Street.
4. Parking survey on 27th Street between Nederland Avenue and Helena Avenue.
5. Clean up of property located at 619 S -13th Street.
6. Sidewalk on 10th Street between Boston Avenue and Nederland Avenue.
7. Abandoned car in the 200 block of 10th Street.
8. Water leaks.
9. "Nederland Night" in Astrodome, Houston, Texas, to be July 12, 1980.
10. Unit B (Wastewater Treatment Tank) at Sewer Plant inoperable for two months.
The meeting was adjourned at 9:30 P. M.
H. "E. Nagel, Mayqr
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
LI
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
July 22, 1980
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. E. T. Gillespie, Jr.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of July 8, 1980, as written. All Voted Aye.
Mr. Michael Lovelady, Assistant Fire Marshal, presented a report concerning a
recent fire at 3307 Avenue "M" and the enforcement of fire ordinances.
A motion was made by Mr. Nagel and seconded by Mr. Lee to decline a request
made by Mr. Klein of the Nederland National Little League baseball program to
fund this league with the same amount of money funded to any other Little League
organization within the City of Nederland. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize the
purchase of the Y.M.C.A. property at 17th Street and Canal in the amount of
$40,200.00. All Voted Aye.
Sealed bids were received, opened, and read for VHF 2 -way radios. Bidders
were as follows: Bartlett Construction Company, Gulf Coast Electronics, Deg
Electronics, Motorola Radio, and Mobile Phone Service.
A motion was made by Mr. Nagel and seconded by Mr. Lee to refer the bids for
VHF 2 -way radios to the City Manager and his staff for tabulation and recommen-
dation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Amendment to Ordinance No. 107 closing public park parking lots after 11:30 P. M.
and making it illegal for motor vehicles to drive on park grounds. 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 PEN-
ALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS
($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH
MIGHT BE IN CONFLICT WITH THIS AMENDMENT.
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 OPERATION OF MOTOR VEHICLES:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1 - NO PARKING
Minutes Continued
July 22, 1980
Parking shall be prohibited between the hours of 11:30 P. M. and 6:00 A. M. in the
parking lots of public parks and access to those parking lots by way of street shall
be closed from 11:30 P. M. to 6:00 A. M.
Between the hours of 6:00 A. M. and 11:30 P. M. parking shall be only in striped
designated areas.
SECTION 2 - OPERATION OF MOTOR VEHICLES
No person shall drive or operate a motor vehicle upon any public property officially
designated as park grounds other than on areas specifically designed and designated
for vehicular traffic. No person shall operate a motor vehicle upon access roads to
public parks between the hours that the access road is closed to vehicle traffic.
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 in any sum not less than $1.00 nor more than $200.00 and the violation
of each separate provision thereof shall be considered a separate offense.
SECTION 4 - REPEALING CLAUSE
Any and all ordinances of the City of Nederland, Texas, in conflict with any of the
provisions of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this
the 22nd day of July, A. D., 1980.
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 request was made by Mrs. A. D. Ring, 828 Atlanta, to allow residents home exemptions
for persons on total disability pensions.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to take Mrs. A. D. King's
request to allow residents home exemptions for persons on total disability pensions
under advisement with action to be taken at a later date after a study has been made.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve final plat of
Highland Park Addition Unit 3. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Lee authorizing payment of
expenses for John Bamber, Director of Public works, to attend the 1980 International
Minutes Continued
July 22, 1980
COUNTY OF JEFFERSON X
AGREEMENT
On this 22nd day of July, 1980, the City of Nederland and the Nederland Indepen-
dent School District have entered into the following agreement to -wit:
For in consideration of the sum of $1230.00 on the 15th day of each month there-
after during the term of this contract paid by Nederland Indpendent School
District to the City of Nederland, the City of Nederland hereby agrees to furnish
the following services to the Nederland Independent School District to -wit:
One (1) guard and means of transportation to patrol and check the seven (7)
schools within the boundaries of the Nederland Independent School District.
City of Nederland hereby agrees to hold the Nederland Independent School District
harmless from any damages, either property or personal, that might arise as a
result of this contract.
The guard shall be under the supervision of the City of Nederland Police Chief
and his times and routes of patroling and checking shall be scheduled by the
Police Chief.
The term of this contract shall be for one (1) month, and shall be automatically
renewed and extended for one (1) month periods. Either party may render this
contract null and void after one (1) month by giving written notice to the other
party.
Executed in original duplicate copies this 22nd day of July, A. D., 1980.
H. E. NAGEL
City of Nederland, Texas
Mayor
ATTEST:
Nederland Independent School District
President, Board of Trustees
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
An Executive Session was held on matters pertaining to the purchase of right -cf-
way and properties necessary for implementation for City of Nederland improve-
ments programs, Article 6252 -17, V.A.T.S. and matters pertaining to personnel.
Public Works Congress and Equipment Show in Kansas City, Missouri,
13 -18, 1980; and the Sanitary Landfill Design Workshop in College
September
Station,
Texas, August 5 -6,
1980; and Monroe Malke to attend Solid Waste Safety
Workshop,
August 6 -7, 1980,
in Port Arthur, Texas. All Voted Aye.
A motion was made
by Mr. Lee and seconded by Mr. Sawyer to approve
the following
Agreement between
the City of Nederland and Nederland Independent
School District
increasing patrol
service to school and city property. All Voted
Aye.
STATE OF TEXAS
X
COUNTY OF JEFFERSON X
AGREEMENT
On this 22nd day of July, 1980, the City of Nederland and the Nederland Indepen-
dent School District have entered into the following agreement to -wit:
For in consideration of the sum of $1230.00 on the 15th day of each month there-
after during the term of this contract paid by Nederland Indpendent School
District to the City of Nederland, the City of Nederland hereby agrees to furnish
the following services to the Nederland Independent School District to -wit:
One (1) guard and means of transportation to patrol and check the seven (7)
schools within the boundaries of the Nederland Independent School District.
City of Nederland hereby agrees to hold the Nederland Independent School District
harmless from any damages, either property or personal, that might arise as a
result of this contract.
The guard shall be under the supervision of the City of Nederland Police Chief
and his times and routes of patroling and checking shall be scheduled by the
Police Chief.
The term of this contract shall be for one (1) month, and shall be automatically
renewed and extended for one (1) month periods. Either party may render this
contract null and void after one (1) month by giving written notice to the other
party.
Executed in original duplicate copies this 22nd day of July, A. D., 1980.
H. E. NAGEL
City of Nederland, Texas
Mayor
ATTEST:
Nederland Independent School District
President, Board of Trustees
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
An Executive Session was held on matters pertaining to the purchase of right -cf-
way and properties necessary for implementation for City of Nederland improve-
ments programs, Article 6252 -17, V.A.T.S. and matters pertaining to personnel.
Minutes Continued
July 22, 1980
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on matters
pertaining to the purchase of right -of -way and properties necessary for implementation
for City of Nederland Improvement: programs, Article 6252 -17, V.A.T.S., and matters
pertaining to personnel. All Voted Aye.
Discussion items were as follows:
1. Driveway damages caused by wager leak repairs.
2. Condition of property located at corner of Avenue "N" and S -29th Street.
3. Vehicle parking in City parks.
4. Street signs.
5. Meeting between Chamber of Commerce and Texas International Airlines to be
July 23, 1980.
6. Plans for street lighting and traffic signal installation.
7. Intervention in Bell Telephone rate increase.
8. Computer printouts on preliminary census counts..
9. Landfill study.
The meeting was adjourned at 9:45 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
fl
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
August 12, 1980
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. E. T. Gillespie, Jr.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the Minutes
of the previous meeting of July 22, 1980, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the report
as made by Mr. Spittler pertaining to the 1980 Board of Equalization and to
approve expenses payment to members. All Voted Aye.
A request for additional homestead exemption for senior citizens was presented
by Mr. L. O. Tomlin of Texas Senior Citizens Mid - County Chapter. Mayor Nagel
explained the current tax structure as it pertains to Senior Citizens and said
the request would be considered in 1981 when assessments are increased to total
market value.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
residents homestead exemption for persons on total disability pensions until such
time as Mrs. A. D. King who made the request can be present. All Voted Aye.
A Public Hearing was held in accordance with Section 7.06 of the City Charter
for the purpose of adoption of the 1980 -1981 Budget. The Budget was discussed
in detail and appropriate ordinances and amendments to ordinances were read in
full.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve Budget of
Revenue Sharing Funds as presented. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to adopt the
following Amendment to Ordinance No. 147 providing for employee benefits and
policies. All Voted Aye.
AN AMENDMENT TO ORDINANCE NO. 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 XI
BENEFITS
Section 1
The City will provide a hospitalization Policy for permanent employees. The
Minutes Continued
August 12, 1980
City will also participate in providing a hospitalization policy for the dependents
of permanent employees not to exceed forty- three($43.00)dollars a month. The
premium amount paid by the City shall be fixed by the City Council.
PASSED AND APPROVED this the 12th day of August, 1980, to become effective October 1,
1980.
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
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Amendment to Ordinance No. 155 providing for water and sewer rates and garbage
rates inside and outside of city limits. 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 CONNECTIONS FEES, AND GARBAGE RATES, INSIDE AND OUTSIDE THE CITY
OF NEDERLAND, TEXAS.
WHEREAS, a revision whould be made in the rates for water and sewer 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
All over 4,000 Gallons (Per M) .85 1.50
*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) .65 1.20
1
L�
1
n,r7
Gil
Minutes Continued
August 12, 1980
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 offices,
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
Inside
Outside
300.00
City
City
All over 8,000 Gallons
$ .65
$ .65
7.75
Commercial (Per Month) 2,000 Minimum
4.00
8.00
6.00
Next 6,000 (Per M)
.65
1.20
Month)
All over 8,000 Gallons (Per M)
.65
.65
(Per
*Or as required by provisions of outside city
contracts
14.50
D - Commercial
WATER CONNECTION FEES
Month)
13.00
19.50
3/4" Meter (Sewer Usage Discount) **
50.00
75.00
17.00
3/4" Water Tap
120.00
180.00
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
150.00
6" Sewer Tap
8" Sewer Tap
150.00
200.00
225.00
300.00
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 offices,
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
Residential (Per Month)
5.50
7.75
A - Commercial
(Per
Month)
6.00
8.50
B - Commercial
(Per
Month)
8.00
11.50
C - Commercial
(Per
Month)
10.00
14.50
D - Commercial
(Per
Month)
13.00
19.50
E - Commercial
(Per
Month)
17.00
25.00
Minutes Continued
August 12, 1980
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 (underdeveloped) 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 unconstitutional.
3. This Amendment to Ordinance No. 155 shall become effective with the October,
1980, billing.
PASSED AND APPROVED BY THE CITY COUNCIL, City of Nederland, Texas, at a Regular
Meeting, this the 12th day of August, A. D., 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Public
Hearing on 1980 -81 Budget as held and to adopt the 1980 -81 Budget in accordance with
the City Charter. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following
Tax Rate Ordinance No. 332 as recommended by Tax Assessor /Collector, Alta Fletcher.
All Voted Aye.
ORDINANCE NO. 332
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 1980, 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.
1
1
1
Inside
Outside
City
City
F - Commercial
(Per
Month)
21.00
31.00
G - Commercial
(Per
Month)
26.00
38.50
H - Commercial
(Per
Month)
31.00
46.00
I - Commercial
(Per
Month)
41.00
61.00
J - Commercial
(Per
Month)
51.00
76.00
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 (underdeveloped) 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 unconstitutional.
3. This Amendment to Ordinance No. 155 shall become effective with the October,
1980, billing.
PASSED AND APPROVED BY THE CITY COUNCIL, City of Nederland, Texas, at a Regular
Meeting, this the 12th day of August, A. D., 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Public
Hearing on 1980 -81 Budget as held and to adopt the 1980 -81 Budget in accordance with
the City Charter. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following
Tax Rate Ordinance No. 332 as recommended by Tax Assessor /Collector, Alta Fletcher.
All Voted Aye.
ORDINANCE NO. 332
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 1980, 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.
1
1
1
Minutes Continued
August 12, 1980
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 eighty (1980) 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) 46.92%
of each One($1.00) Dollar levied on the 1980 Tax Roll.
(b) For the purpose of paying interest and principal on the Seven Hundred
Seventy Five Thousand ($7,775,000.00) Dollar Water and Sewer Improvement
Bonds, Series 1959, 4.66% of each One ($1.00) Dollar levied on the 1980
Tax Roll.
(c) 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, 1.31% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(d) 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, .95% of each One($1.00) Dollar levied on the 1980 Tax Roll.
(e) For the purpose of paying interest and principal on the Twenty Thousand
($20,000.00) Dollar Fire Station Bonds, Series 1962, .10% of each One
($1.00) Dollar levied on the 1980 Tax Roll.
(£) For the purpose of paying interest and principal on the Five Hundred
Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962,
2.01% of each One($1.00) Dollar levied on the 1980 Tax Roll.
(g) For the purpose of paying interest and principal on the Three Hundred
Thousand ($300,000.00) Dollar Street Improvement Bonds Series 1963,
1.24% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(h) For the purpose of paying interest and principal on the One Million
Eighty Thousand ($1,080,000.00) Dollar Street Improvement Bonds, Series
1967, 4.08% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(i) For the purpose of paying interest and principal on the Four Hundred
Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series
1969, 2.55% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(j) For the purpose of paying interest and principal on the Three Hundred
Fifty Thousand ($350,000.00) Dollar Sewer Improvement Bonds, Series
1970, 2.62% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(k) For the purpose of paying interest and principal on the Two Hundred
Fifty Thousand ($250,000.00) Dollar Park Improvement Bonds, Series
1978, 1.60% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
Minutes Continued
August 12, 1980
(1) 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, 16.09% of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(m) For the purpose of paying interest and principal on the Eight Hundred Fifty
Thousand ($850,000.00) Dollar Park Improvement Bonds, Series 1980, 7.14%
of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(n) For the purpose of paying interest and principal on the One Hundred Thirty
Thousand ($130,000.00) Dollar Library Improvement Bonds, Series 1980, .58%
of each One ($1.00) Dollar levied on the 1980 Tax Roll.
(o) For the purpose of paying interest and principal on the One Million Twenty
Thousand ($1,020,000.00) Dollar Street Improvement Bonds, Series 1980, 8.15%
of each One ($1.00) Dollar levied on the 1980 Tax Roll.
SECTION II
Taxpayers shall be allowed no discount for the advance payment of their ad valorem
taxes due the City of Nederland for the assessment year 1980.
SECTION III
That the ad valorem taxes herein levied for the year 1980 shall become due
January 1, 1981, though payable on the first day of October, 1980, and may be
paid up to and including the following January 31, 1981, without penalty; but,
if not paid, such taxes shall become delinquent on the following day February 1,
1981, 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, (5 %) percent;; and if paid on or after
the 1st day of July, 1980, eight (8 %) percent penalty. Such unpaid taxes
shall bear interest rate of 7% per annum from February 1, 1981, the same
being the next year succeeding the year 1980; and if paid on or after the
1st day of July, 1981, 7% 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, 1981, and shall be
paid and collected as provided in Section 2 and 3 hereof.
PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL of the City of Nederland
at its regular meeting of the said Council this 12th day of August, 1980.
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
Minutes Continued
August 12, 1980
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve the following
Resolution and Assurances pertaining to Senior Citizen Center grant. All Voted Aye.
RESOLUTION
CITY OF NEDERLAND
STATE OF TEXAS X
COUNTY OF JEFFERSON X
On the 12th day of August, 1980, at a meeting of the City Council of the City of
Nederland, a Municipality, held in the City of Nederland, Jefferson County,
The City of Nederland with a Quorum of the Councilmen present, the following
business was conducted: It was duly moved and seconded that the following
Resolution be adopted.
BE IT RESOLVED that the City Council of the above municipality do hereby
authorize Mike Delgado, Acting City Manager, and his successors in office
to negotiate on terms and conditions that he may deem advisable, a contract or
contracts with the South East Texas Regional Planning Commission, and to execute
said contract or contracts on behalf of the municipality, and further we do
hereby give him the power and authority to do all things necessary to implement,
maintain, amend, or renew said contract.
The above resolution was passed by a majority of those present and voting in
accordance with the City Charter.
I certify that the above and foregoing constitutes a true and correct copy of a
part of the Minutes of a meeting of the City Council of the City of Nederland,
held on the 12th day of August, 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Mayor Homer E. Nagel
City of Nederland, Texas
Subscribed and sworn before me, J. B. McKinney, a Notary Public for the County
of Jefferson, on the 12th day of August, 1980.
J. B. MCKINNEY
J. B. McKinney, Notary Public in and
for Jefferson County, Texas
ASSURANCES
City of Nederland hereby assures and certifies compliance with the regulations,
policies, guideline, and requirements of the Acts, Orders, Codes as specified in
Federal Register? Vol. 45, No. 63, paragraph 132/123 and 132/125.
The applicant further assures compliance with the following: (specific regulations
related to the unique characterists and requirements of the Title III Multipurpose
Center Program).
Minutes Continued
August 12, 1980
that sufficient funds are available to meet the non - Federal share of the
award. (Fed. Reg. 1321.135)
that the facility for which funds are requested is adaptable for serving
as a multipurpose center. (Fed. Reg. 1321.135)
that if a facility to be acquired, altered or renovated will be shared with
other age groups, that funds under this part will be used only for that portion
of the facility that will be used by older persons. Where the same floor
space is to be shared with different age groups, funds under this part will be
used proportionately for acquiring, altering, or renovating the facility only
to the extent that such floor space will be used by older persons. (Fed. Reg.
1321.135)
that the facility will be used as a multipurpose senior center for at least
20 years after completion of construction.
that the facility will be used as a senior center not less than ten years
after the date it is acquired. (Fed Reg. 1321.129)
that the facility will not be used, and is not intended to be used for sectarian
instruction or a place for religious worship. (Fed. Reg. 1321.133)
that, if a building is being constructed, no existing suitable facility in the
community is available as a focal point for service delivery. (Fed Reg. 1321.131)
that records and reports to verify expenditures will be maintained and will
be accessible to SETRPC.
that the project will be monitored by the applicant to assure that activities
will be carried out in keeping with the provisions of the application.
Dated August 12, 1980
1400 Boston Avenue
Nederland, Texas 77627
CITY OF NEDERLAND, TEXAS
(Applicant)
By: HOMER E. NAGEL, Mayor
(President, Chairmen of Board,
or comparable authorized official)
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT
OF HEALTH, EDUCATION, AND WELFARE REGULATION
UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
City of Nederland (hereinafter called the "Applicant" HEREBY AGREES that it will comply
with Title VI of the Civil Rights Act of 1964 (P. L.. 88 -352) and all requirements
imposed by or pursuant to the Regulation of the Department of Health, Education, and
Welfare (45 DFR Part 80) issued pursuant to that tittle, to the end that, in accordance
with Title VI of that Act and the Regulation, no person in the United States shall, on
the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Applicant receives Federal financial assistance
from the Department; and HEREBY GIVES ASSURANCE THAI' it will immediately take any
measures necessary to effectuate this agreement.
it
Ll
1
F�,
Minutes Continued
August 12, 1980
If any real property or structure therein provided or improved with the aid of
Federal financial assistance extended to the Applicant by the Department this
assurance shall obligate the Applicant, or in the case of any transfer of such
property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or
benefits. If any personal property is so provided, this assurance shall obligate
the applicant for the period during which it retains ownership or possession of
the property. In all other cases, this assurance shall obligate the Applicant
for the period during which the Federal financial assistance is extended to it
by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
any and all Federal grants, loans, contracts, property, discounts or other
Federal financial assistance extended after the date hereof to the Applicant
by the Department, including installment payments after such date on account
of applicantions for Federal financial assistance which were approved before
such date. The applicant recognized and agrees that such Federal financial
assistance will be extended in reliance on the representations and agreements
made in this assurance, and that the United States shall have the right to
seek judicial enforcement of this assurance. This assurance is binding on
the Applicant, its successors, transferees, and assignees, and the person or
persons whose signatures appear below are authorized to sign this assurance
on behalf of the Applicant.
Dated Auc_rust 12, 1980 City of Nederland, Texas
(Applicant)
1400 Boston Avenue By: HOMER E. NAGEL, MAYOR
(President, Chairman of Board, or
Nederland, Texas 77627 comparable authorized official)
(Applicant's Mailing Address)
Sealed quotations were received, opened, and read for street base renovation
and appurtenances. F. Gatlin Asphalt was the only contractor to turn in a
quotation ($18,155.00).
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award work for
street base renovation and appurtenances to F. Gatlin Asphalt on the basis
of their quotation of $18,555.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer authorizing
payment of expenses for Kenneth Spell and Mike Graham, water and sewer plant
operators, to attend the Mini -Lab (Water) sponsored by Texas A & M University
to be held in Orange, Texas, August 19 -21, 1980. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for
VHF 2 -Way Radios to Mobilfone on the basis of their low bid of $10,596.00 as
received during the meeting of July 22, 1980. All Voted Aye.
Quotations were received for trash truck chassis. Bidders were as follows:
Chevy Land: $15,992.41; Beaumont White Truck & Trailer: $17,000.00; Chevy
Land: $17,003.91; Beaumont White Truck & Trailer: $18,350.00; and Truck
Ranch: $20,804.94.
Minutes Continued
August 12, 1980
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award quotation
for trash truck chassis to Beaumont White Truck & Trailer ($17,000.00). All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of
bills for the month of July, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Mr. Steve
E. Robinson of 3312 Avenue "M" to the Zoning Board of Appeals to fill unexpired
term of Mr. J. C. Woodson to June 30, 1982. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie approving final
payment to Daniels Construction Company, Job No. 77142A, in the amount of $725.00
for completion of Nederland Swimming Pool. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent authorizing advertisement
for bids to be received 6:30 P. M,., August 26, 1980 for traffic signals. All
Voted Aye.
An Executive Session was held on matters pertaining to personnel, and 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. :Gee to table action on matters
pertaining to personnel, and to the purchase of right -of -way and properties
necessary for implementation of City of Nederland improvements programs, Article
6252 -17, V.A.T.S. All Voted Aye.
Discussion items were as follows:
1. High grass in Clayton Addition.
2. New street sign needed at 31st: Street and Tipps Drive.
3. Census enumeration.
4. Street sign for Jackson Avenue has not been received.
5. City Prosecuting Attorney resigning as of October 1, 1980.
6. Encroachments on City easements.
7. Street construction - engineering phase.
8. Chief's Association Barbecue to be August 13, 1980 at 6:30 P. M. at KC Hall.
The meeting was adjourned at 10:00 P. M.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
Ij
t
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
August 26, 1980
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 August 12, 1980, as written. All Voted Aye.
Presentation was made of the following Resolution by the Texas City Managers
Association honoring D. B. Henson, Former City Manager, by Mr. George Dibrell,
Port Arthur City Manager.
A RESOLUTION
OF APPRECIATION TO BOB HENSON
WHEREAS, Bob Henson has distinquished himself as a leader and innovator in the
city management profession; and
WHEREAS, Mr. Henson has spent twenty -two years in city management work; and
WHEREAS, Mr. Henson's vision was responsible for numerous projects that enhanced
the welfare and quality of life in the City of Nederland; and
WHEREAS, Mr. Henson has always exemplified the highest standards of the City
Management profession in his daily endeavors and through his work and
leadership in the Texas City Management Association; and
WHEREAS, the Texas City Management Association wishes to honor Bob Henson for
his many years of dedicated service to his fellow citizens, the city
management profession, and to the entire field of municipal government;
NOW, THEREFORE BE IT RESOLVED by The Texas City Management Association, at this,
the annual meeting of the association, that we express our appreciation
and gratitude to Bob Henson for helping to shape the destiny of his
profession and his city.
Passed and approved at Lubbock, Texas
This 23rd day of July, 1980
ATTEST:
DICK BROWN
Executive Secretary
Approved:
GEORGE DIBRELL
President
Presentation of report was made by Mrs. A. D. King pertaining to residence homestead
exemptions for persons on total disability pensions.
A motion was made by Mr. Nagel and seconded by Mr. Lee that we table action on
request as made by Mrs. A. D. King pertaining to residence homestead exemptions for
persons on total disability pensions until next year's fiscal budget is compiled.
All Voted Aye.
Minutes Continued
August 26, 1980
Sealed bids were received, opened, and read for traffic signals. Bidders were
as follows: Statewide Signal & Electric, Blackburn Electric Service, Baytown
Electric Corporation, and Hubbard Electric Company.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids
for traffic signals 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. Nagel approving the follow-
ing Resolution to Fidelity Savings and Loan Association pertaining to encroach-
ment on easement at Lot 15 Block 13 Helena Park Section 4 Subdivision. All Voted
Aye.
RESOLUTION
WHEREAS, Fidelity Savings and Loan 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 2803 Nashville and legally described as Lot Fifteen
(15), Block Thirteen (13), of Helena Park Section Four Subdivision, Nederland,
Texas; and,
WHEREAS, Fidelity Savings and Loan Association has requested a written waiver
confirming 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 will not require the encroachments to be moved
or altered from their present location as indicated in survey dated the 31st
day of July, 1980.
PASSED AND APPROVED by the City Council of the City of Nederland during a legally
convened meeting thereof this 26th day of August, A. D., 1980.
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
In lieu of absence of Mr. Dave Coco, presentation of final report was made by
Acting City Manager, Mike Delgado, on the 1980 Nederland Summer Recreation Program.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer that we accept the report
on the 1980 Nederland Summer Recreation Program, and that letters be written to Mr.
Dave Coco and Mr. Jon Eubanks expressing our appreciation for their work with this
program. All Voted Aye.
Ll
1
Minutes Continued
August 26, 1980
A motion was made by Mr. Lee and seconded by Mr. Sawyer authorizing the E.D.A. 304
Grant for improvements to the Central Business District. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie authorizing the
following Proclamation proclaiming September 4, 1980, as "Cardinal Craze Carnival
Day ". 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
Thursday, September 4, 1980
As
"CARDINAL CRAZE CARNIVAL DAY"
in the City of Nederland, Texas, and urge each and every Citizen of our City to
attend the carnival /circus to be held on that day at the Red Carpet Inn in Beaumont,
and support all athletic programs at Lamar University during the 1980 -1981 school
year.
In testimony whereof, witness my hand and Seal of the City of Nederland this the
26th day of August, A. D., 1980.
Attest:
H. E. NAGEL
Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve engineer-
ing for street improvements under the 1977 Capital Improvement Program for Helena
and 17th Street. All Voted Aye.
Preliminary engineering plans were presented for 500,000 gallon elevated storage
tank.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel authorizing James E.
Neushafer, Inc., Certified Public Accountant, to provide annual audit services
in accordance with the City Charter at an estimated cost of $3,850.00. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance
and expenses of Thomas Hicklin, Safety Officer, to attend the Municipal Safety
Seminar sponsored by Texas Employers Insurance Association to be held October
6 -10, 1980, in Dallas, Texas.
An Executive Session was held on possible pending litigation and 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. Gillespie to table action on
purchase of right -of -way. All Voted Aye.
Minutes Continued
August 26, 1980
An Executive Session was held on matters pertaining to personnel.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Michael
Delgado as City Manager effective immediately. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent that we table action
on Gulf States Utilities rate increase request. All. Voted Aye.
Discussion items were as follows:
1. Difficulty reaching Liberty Cable TV by telephone when problems occur.
2. High weeds on property located at S -29th Street and Avenue "M ".
3. High weeds on property located next door to Mr. Parks.
4. Large trucks creating problems at 111 -33rd Street.
5. Street signs have been received.
6. Driveway program.
The meeting was adjourned at 9:25 P. M.
ATTEST: H. E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
September 9, 1980
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, Jr, was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes
of the previous meeting of August 26, 1980, as written. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the
Nederland Police Department to escort buses to football games out of town. All
Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer to approve payment of
bills for the month of August, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel authorizing advertisement
for bids to be received 6:30 P. M., September 23, 1980, for 340,000 black garbage
bags. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel authorizing attendance
and expenses for James Boulet, Poundmaster, to attend the Third Annual East Texas
Animal Control Conference to be held in Lufkin, Texas, September 15 -16, 1980. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the following
Ordinance No. 333 adopting the 1979 Edition of the Standard Fire Prevention Code
and the 1980 Revision promulgated by the Southern Building Code Congress International,
Inc. All Voted Aye.
STANDARD FIRE PREVENTION CODE
ORDINANCE NO. 333
AN ORDINANCE SETTING FORTH FULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING
THE CONTROL OF FIRE HAZARDS, REGULATING THE INSTALLATION, USE AND MAINTENANCE OF
EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES AND OPEN AREAS IN THE CITY OF
NEDERLAND, TEXAS, PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE
RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLI-
ANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
Section 1.
That the 1979 edition of the Standard Fire Prevention Code and the 1980 Revisions
promulgated by the Southern Building Code Congress International, Inc. save and
except such portions as are hereinafter deleted, modified or amended, of which not
less than three (3) copies have been and now are filed in the office of the City
Minutes Continued
September 10, 1980
Secretary of the City of Nederland, Texas, and the same is hereby adopted and incor-
porated as fully as if set out fully herein and from the date on which this ordinance
shall take effect, the provisions thereof shall be controlling in fire prevention and
protection within the corporate limits of the City of Nederland, Texas.
(a) Section 1.04 - Dealing with Responsibility;
(b) Section 1.04 (a) - Dealing with Penalties;
(c) Section 2.01 - Dealing with Board of Appeals and Adjustments;
(d) Section 20.407 - Dealing with Outside Storage by the Addition of Subsection (e)
Section 2.
Amendments, additions and deletions.
The following amendments, additions and deletions to and from the Standard Fire Pre-
vention Code adopted, such amendments, additions and deletions being set forth herein,
being identified by and prefaced by appropriate section number of the Standard Fire
Prevention Code:
That Section 1.04 of the Standard Fire Prevention Code is hereby amended to read in full
as follows:
1.04. Responsibility - The fire official of the City of Nederland or such assistant as
appointed by him shall perform the duties of the fire official in this code and the fire
official shall enforce the provisions of this code and all state laws under his juris-
diction pertaining to the prevention, suppression or extinguishing of fires. The I
fire official shall have the powers of a police officer in performing his duties under
this code.
1.04 (a). Penalty - Wherever, in this Fire Prevention Code, the doing of any act is
required, or the failure to do any act, is declared to be unlawful, the violation of
any such provision of this Fire Prevention Code is hereby declared a class "C" mis-
demeanor, and shall be punished by a fine of not exceeding two hundred dollars ($200.00).
The imposition of such a penalty shall be cumulative and the City shall be entitled to
enforce this Fire Prevention Code in any other manner prescribed by law.
Section 2.01 of the Standard Fire Prevention Code is hereby amended to read in full as
follows.
2.01 Board of Appeals and Adjustments created - This code may contradict or restrict
present practices of the inhabitants of the City of Nederland, Texas, and particularly
the present practices of heavy industry which may be annexed in the future. These
non - conforming practices may be permitted if they comply with good engineering prac-
tices and current codes and standards, i.e., OSHA, ASME, ANSI, etc., and there is hereby
created a Board of Appeals and Adjustments. The Board will consist of the same five (5)
members as does the Zoning Board of Appeals. The Board shall adopt the rules and regu-
lations for conducting its business. The fire official, or his authorized representa-
tive, shall be the ex officio member and shall act as secretary of the board on matters
pertaining to the Standard Fire Prevention Code. The fire official shall also have
the power to waive miscellaneous permits for heavy :industry such as for compressed
gas, corrosive liquids, etc., should he deem it proper.
Section 20.407 of the Standard Fire Prevention Code is amended by adding subsection
(e) to read as follows:
Minutes Continued
September 9, 1980
20.401 (e) Outside Storage - Storage in residential areas in excess of twenty -five
(25) gallons shall be prohibited, not including fuel tanks in vehicles.
co' +;ten R
SEVERABILITY CLAUSE: If any provision of this Code or the application thereof to
any person or circumstances is held invalid, the remainder of this Code and the
application of such provisions to other persons or circumstances shall not be
affected thereby.
REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this
code are hereby repealed.
WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and
publication as required by law.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this
9th day of September, A. D., 1980.
H. E. NAGEL
ATTEST: H. E. Nagel, Mayor
City of Nederland, Texas
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 table action
on ordinance providing for utilities rate increase for Gulf States Utilities
Company. 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
programs, Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action 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. All Voted Aye.
Discussion items were as follows:
1. Thank you note received from Edna Brady concerning proclamation.
2. Drainage District V.
3. Drainage problems at 1105 -18th Street and Canal Street at 27th Street.
4. Drainage problem at 1019 S -36th Street.
5. Drainage problem at 35th and Avenue A.
Minutes Continued
September 9, 1980
6. Drainage problem in the 2300 Mock of Avenue B.
7. Drainage problem at the intersection of 3rd Street and Boston Avenue.
8. Third year anniversary celebration of Mid County Alcoholics group to be 9/20/80.
9. Traffic signals.
10. Field work on plans and specifications for Helena Avenue.
11. YMCA project.
12. Bids for water lines and elevated tank.
13. Work in progress at Library and Activity Building sites.
14. Meeting with bonding company concerning Park Street.
The meeting was adjourned at 7:45 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
u
C
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
September 23, 1980
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 previous meeting of September 9, 1980, as written. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve corrections
for nine (9) property assessments totaling $589.84 in taxes. All Voted Aye.
ERRORS IN THE 1979 TAX ROLL TO BE CANCELLED
IN ACCORDANCE WITH SECTION 8.09 - HOME RULE CHARTER
ASSESSMENT ASSESSMENT ASSESSMENT
OWNER DESCRIPTION Sen. Citizen Dis. Vet Out of Bus. TAX
Lottie Hebert 17 & 18 /College $ 5,000 $ 81.00
Sallie G. Gurran 7/8 /Johnson 2,900 46.98
Lucille D. Virgilio 5/11 /Nederland 5,000 $ 2,050 114.21
Lera Laurent E45' of 5/4 /Oakley 3,750 60.75
Herbert Schaefer 16 /3 /Parkside 5,000 81.00
Assoc. Tool Spec. Co. Personal Property $ 8,500 137.70
Intercap Leasing Line Personal Property 1,320 21.38
Olivier Lawnmower Personal Property 2,100 34.02
Tel -Tex Leasing Co. Personal Property 790 12.80
$21,650 $ 2,050 $12,710 $589.84
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the Certificate of
Approval of the City of Nederland's assessment rolls for the year 1980, $87,598,137,
as recommended by the Board of Equalization. All Voted Aye.
CERTIFICATE OF APPROVAL AND ACCEPTANCE OF 1980
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 1980, 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 Improvements $80,814,574
Personal Property 6,783,563
Total $87,598,137
Given under my hand and seal of office by authority of the City Council, this the
23rd day of September, A. D., 1980.
ATTEST: H. E. NAGEL
H. E. Nagel, Mayor
ALTA FLETCHER City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued
September 24, 1980
A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bid for traffic
signals to Statewide Signal & Electrical, Inc. on the basis of their low bid of
$37,629.00, as received during the previous meeting of August 26, 1980. All Voted Aye.
Sealed bids were received, opened, and read for 340,000 black plastic garbage bags.
Bidders were as follows: Adams Industries, Bancroft, Inc., B. & E. Packaging, Bemis
Company, and Arrow Industries.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
340,000 black plastic garbage bags 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. Nagel to authorize attendance
and expenses of Homer Taylor, Assistant Chief of Police, to the 47th Annual National
Armed Robberty Conference to be held in Tyler, Texas, October 19 -22, 1980. All Voted
Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer authorizing payment to Winter
King & Son, Job No. 78003, Nederland Activity Center, Estimate No. 1, $18,027.00. All
Voted Aye.
A motion
was made by Mr. Lee and seconded by Mr. Gillespie authorizing Homer E. Nagel,
Mayor, to
sign completion agreement
with Fidelity and Deposit Company of Maryland to
complete
work on Park Street storm
sewer, Project No. 378- 47E -13. All Voted Aye.
A motion
was made by Mr. Nagel and
seconded by Dir. Sawyer to authorize advertisement
for bids
for approximately 1,130 L.
F. of 10" water line and appurtenances to be
received
by 6:30 P. M., October 14,
1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee authorizing advertisement for
bids for 500,000 gallon elevated storage tank and appurtenances to be received by
6:30 P. M., October 14, 1980. 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 programs,
Article 6252 -17, V.A.T.S. and matters pertaining to personnel.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on Executive
Session 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.
and matters pertaining to personnel. All Voted Aye.
Discussion items were as follows:
1. Laying of asphalt on 27th Street.
2. Flooding on 17th Street.
3. Drainage problems.
4. Problem with sightseers in floor areas.
5. Barricades in flood areas.
6. Street sign down on 10th Street and Boston Avenue.
7. Sidewalks on 10th Street
The meeting was adjourned at 9:15 P. M.
1
1
L'J
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued
September 24, 1980
H. E. Nagel, Mayor
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 14, 1980
The meeting was called to order at 2:30 p.m. by Mayor H. E. Nagel.
Members present were: Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent,
and Mr. E. T. Gillespie.
Members absent were: Mr. T. E. Lee, Jr.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Chris
Serres as Acting City Secretary for the October 14, 1980, special meeting.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of September 23, 1980, as written. All
Voted Aye.
A discussion was held on the meter reading of Mrs. Mary Lee, 2424 Avenue G.
No action was taken.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on
Ordinance No. 334 regulating wrecker service in the City of Nederland. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action
on an Amendment to Ordinance No. 107 regulating parking on private property.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to table action on
an ordinance providing for utility rate increase for Gulf States Utilities
Company. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to award bids for
340,000 black plastic garbage bags to Bemis for their low bid of $53.28,
as received during the meeting of September 23, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve
payment of Estimate No. 2 in the amount of $35,825.22 to Winter King & Son,
Job No. 78003, Nederland. Activity Building_; and Change Order No. 1 in the
amount of $3,122.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve Change
Order No. 1, Gatlin Asphalt Company, for street renovation, Job No. 380 -52;
and Estimate No. 1 in the amount of $12,500.00. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve final
plans and engineering for Helena Street project under the 1977 Capital
Improvement Program, and authorize for advertisement for bids to be received
6:30 p.m., November 18, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve
attendance and expenses of John Bamber, Director of Public Works, to the
following seminars:
Minutes Continued, October 14, 1980
1. Productivity of Solid Waste Management, October 22 -23, 1980, Civic
Center, Baytown, Texas; and,
2. Management Aspects of Solid Waste, December 10 -11, 1980, Civic Center,
Baytown, Texas.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve attendance
and expenses of Jerry McNeill, Civil Defense Director, and Billy Neal, Assistant
Civil Defense Director, to the meeting of the Texas Gulf Coast Civil Defense
Association to be held in Corpus Christi, October 22 -24, 1980. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance
and expenses of Nelson Johnson, Street Foreman, to the Basic Supervisory Management
Seminar to be held in Austin, Texas, November 5 -6, 1980. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of the bills for the month of September, 1980. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize advertisement
for bids to be received for one (1) rubber tire tractor with backhoe and front end
loader, and one (1) One Ton truck and utility chassis to be received 6:30 p.m.,
November 18, 1980. 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. Nagel and seconded by Mr. Nugent to table action on Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Plans to repair Mr. Minaldi's driveway.
2. James Byers received Certificate of Registration for Chief Building Official.
3. Preliminary Landfill Study completed.
The meeting was adjourned at 4:10 p.m.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Chris Serres, Acting City Secretary
City of Nederland, Texas
r
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
October 14, 1980
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.
Sealed bids were received, opened, and read for approximately 1,130 L.F.
of 10" water line and appurtenances. Bidders were as follows: Imperial
Constructors, Lake Charles; Excavators and. Constructors, Beaumont; Bella
Company, Beaumont; B & B Construction, Orange; Golden Triangle Constructors,
Port Neches; and Mar -Len, Inc., Nederland..
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the
bids for approximately 1,130 L.F. of 10" water line and appurtenances to
the City Manager and his staff for tabulation and recommendation. All
Voted Aye.
Sealed bids were received, opened, and read for 500,000 gallon elevated steel
storage tank and appurtenances. Bidders were as follows: Chicago Bridge and
Iron, Houston; Brown Steel Contractors, Inc., Newman, Georgia; Hydrastorage,
Inc., Irving, Texas; Universal Tank & Iron Work, Dallas, Texas; and Caldwell
Tank, Inc., Louisville, Kentucky.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the '
bids for 500,000 gallon elevated steel storage tank and appurtenances to
the City Manager and his staff for tabulation and recommendation. All Voted
Aye.
The meeting was adjourned at 6:45 p.m.
H. F.. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, Acting City Secretary
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
IOctober 28, 1980
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 previous Special Meeting of October 14, 1980, and the Regular
Meeting of October 14, 1980. All Voted Aye.
A request for rate increase by Liberty Cable Television was presented by
Mr. J. A. DiBacco.
A motion was made by Mayor Nagel and seconded by Mr. Lee that we accept the
for study as presented by Liberty Cable Television. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize
advertisement for bids to be received 6:30 P. M., November 18, 1980, for
1,600 cu. yd. of 60% clay /40% sand delivered to the Mid County Municipal
League Sanitary Landfill in 14 yard trucks. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize
advertisement for bids to be received 6:30 P. M., November 18, 1980,
for fire truck with 1,500 gallon pumping capacity. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award bid to
B & B Construction Company of Orange in the amount of $23,804.00 in
accordance with bid received October 14 for 1,130' of 10" water line and
appurtenances. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action
on award of bid for 500,000 gallon elevated steel storage tank and appurtenances.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the
following Ordinance No. 334 providing for utility rate increase for
Gulf States Utilities Company. All Voted Aye.
ORDINANCE NO. 334
AN ORDINANCE APPROVING RATE SCHEDULES TO BE 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 June 17, 1980, 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 approximately $84.8 million per annum on a Texas
retail systemwide basis; and
Minutes Continued
October 28, 1980
WHEREAS, the City, having suspended the effective date of such
proposed rate increase, 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 Texas retail system-
wide operating revenues for the Company be increased $44,000,000 per annum,
based on the adjusted 1979 test year. 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 limits 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 ten (10)
days from the final passage of this Ordinance, file with the City a revised
Schedule of Rates and Tariffs consistent with state and federal law setting
forth those rates, tariffs and charges based upon an increase in total operating
revenues as prescribed herein and the stipulation filed by various parties
in Docket 3298 before the Public Utility Commission of Texas. Such Schedule
of Rates and Tariffs may be modified or amended by the City Council of the
City of Nederland within twenty (20) days from the final passage of this Ordinance,
otherwise, same shall be considered 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 October 20, 1980.
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 State 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 hereafter 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, on this the 28th day of October, 1980.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST: I
Alta Fletcher, City Secretary
City of Nederland, Texas
Minutes Continued
October 28, 1980
' A motion was made by Mr. Lee and seconded by Mr. Nagel to approve a Resolution
calling for a Public Hearing pertaining to ratemaking and service standards of
electric service and gas companies to be conducted on December 9, 1980, as
follows. All Voted Aye.
RESOLUTION
WHEREAS, the Public Utility Regulatory Act of 1978 requires public
hearings to be held to consider the adoption of certain ratemaking and
service standards pertaining to the electric utility service and gas
utility service furnished by Gulf States Utilities Company and Southern
Union Gas Company, respectively, in the City of Nederland; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
THAT public hearings are hereby ordered and shall be conducted before
the Nederland City Council in the Nederland City Council Chambers, 1400 Boston,
Nederland, Texas, on December 9, 1980, to consider the adoption of an ordinance
appropriate regulation relating to the following ratemaking and service
standards for electric and gas utilities services, respectively, in the
City of Nederland as required by the Public Utility Regulator Act of 1978:
(1) Cost of service - Electric rates should, to the greatest
extent possible, reflect the cost of providing service to
each class of consumer.
(2) Declining Block Rates - The unit cost of electric service
for large - volume consumers should not decrease as consumption
increases. That is, declining block rates should not be
permitted.
(3) Time -of- Day -Rates - Rates should reflect the variable cost
of providing service at different times of the day, unless
such rates would not be cost - effective. In other words, if
it costs more to produce electricity in the afternoon, rates
for electricity consumed in the afternoon should be higher,
and rates for other times of day should be lower.
(4) Seasonal Rates - Rates should reflect the variable cost of
providing service during different seasons of the year.
If, for example, it costs more to produce electricity in
the summer, rates for electricity consumed in the summer
should be higher, and rates for other times of the year should
be lower.
(5) Interruptible Rates - Each electric utility should offer
industrial and commercial customers the opportunity to
choose an "interruptible rate." Customers who choose
an "interruptible rate" would agree to let the utility
curtail their electric service during periods of peak loads;
in return, the customer pays a reduced rate.
n
Minutes Continued
October 28, 1980
(6) Load Management Techniques - Each electric utility should
implement load management techniques which spread '
consumers' demands for electrical energy evenly through-
out the day. Such techniques include time -of -day rates
and residential load (or usage) controls.
(7) Master Metering - For newly- constructed office buildings,
apartment houses and other multiple- tenant structures,
each unit should have its own separate electric meter,
rather than having the building connected to a single
master meter.
(8) Automatic Fuel Adjustment Clauses - Automatic fuel
adjustment clauses, under which an electric utility is
permitted to unilaterally raise its rates to keep pace
with fuel price increases, should be prohibited. Rate
increases should always be subject to review by the
regulatory body excercising jurisdiction.
(9) Consumer Information - Each electric utility should provide
consumers with complete information regarding its rates,
including a schedule of rates and a description of the
methods by which rates are calculated.
(10) Termination of Service - Electric service or gas service
should not be terminated because a consumer has been
delinquent in payments until after the consumer has
received prior notice and an opportunity to dispute
the reason(s) for termination. Additionally, service
should never be terminated for a delinquent customer
whose health would be threatened by the termination.
(11) Advertising - No electric utility or gas utility should
be permitted to pass on the cost of advertising to
consumers. Advertising expenses should be borne by the
company's shareholders.
(12) Lifeline Rates - The provision of certain levels of electric
service to residential customers at a rate which is
below the cost of providing that service.
THAT at such public hearings, any affected person(s) shall have
the right to be heard including Gulf States Utilities Company, Southern
Union Gas Company, all consumers served by each utility company, and
representatives of the U. S. Department of Energy; and
THAT a written transcript of the hearings shall be made; and
THAT notice of this hearing shall be given by publication in a
newspaper of general circulation in the City of Nederland at least ten
(10) days prior to November 25, 1980, the date of the hearing; and
THAT a certified copy of this Resolution shall be furnished to
the local Managers of Gulf States Utilities Company and Southern
Union Gas Company at least ten (10) days prior to the date of the
hearings; and
Minutes Continued
October 28, 1980
THAT a certified copy of this Resolution be sent be certified mail
' to the U. S. Department of Energy, Washington, D. C., by depositing same
in the United States Postal Service no less than ten (10) days prior to the
date of the hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 28th day of October, 1980.
H. E. NAGEL
ATTEST:
ALTA FLETCHER
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
I, the Undersigned, Alta Fletcher, City Secretary, Nederland, Texas,
certify that the foregoing is a true and correct copy of a Resolution passed
and adopted by the City Council of said City of Nederland, Texas at a
meeting held on the 28 day of October, 1980, as the same appears in the
minutes of said City Council on file in my office.
WITNESS MY HAND AND SEAL OF SAID CITY this 28 day of October, A. D.,
1980.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve
payment to Allied Enterprises, Inc., Estimate No. 1, in the amount of
$10,980.00 for work completed on Nederland Library, Capital Improvement
Program 1977. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize Charles
R. Haile Associates, consulting engineers, to continue study of sanitary
waste disposal alternatives and to authorize trip to Austin for meeting
with EPA officials. 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 programs, Article 6252 -17, V. A. T. S.
e A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
matters pertaining to purchase of right -of -way. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve the
following Ordinance No. 335 regulating wrecker service within the City of
Nederland. All Voted Aye.
Minutes Continued
October 28, 1980
ORDINANCE NO. 335
AN ORDINANCE REGULATING THE OPERATION OF WRECKERS AND '
WRECKER COMPANIES IN THE CITY OF NEDERLAND: DEFINING
CERTAIN WORKS AND PHRASES; PROVIDING FOR ISSUANCE OF
PERMITS FOR OPERATION OF WRECKERS AND WRECKER COMPANIES;
PROVIDING A PERMIT FEE; PROVIDING MINIMUM REQUIREMENTS
FOR EACH WRECKER; PROHIBITING THE OPERATION OF WRECKER
WITHOUT A PERMIT; PROHIBITING FOLLOWING AN AMBULANCE OR
POLICE CAR TRAVELING TO SCENE OF COLLISION; PROHIBITING
DRIVING OF WRECKER TO THE SCENE OF ACCIDENT OR COLLISION
WITHOUT BEING CALLED; PROHIBITING THE SOLICITATION OF
WRECKER BUSINESS; PROVIDING METHOD OF CALLING FOR WRECKER
SERVICES; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF NEDERLAND:
Sec. 1. Definitions.
For the purposes of this chapter, the following words and phrases
shall have the meanings herein ascribed to them;
Motor Vehicle. Every vehicle which is self - propelled.
Owner. Any person, partnership, firm, association or corporation '
who holds the legal title of a motor vehicle or who has the legal right of
possession thereof.
Street. Any street, alley, public place, square, or highway within
the City.
Vehicle. Every device in or by which any person or property is or
may be transported or drawn upon a public highway, except devices moved only
by human power or used exclusively upon stationary rail or tracks, and shall
include trailers and semitrailers.
Wrecker. Any motor vehicle used for the purpose of towing or removing
disabled or wrecked vehicles.
Wrecker business. The business of towing or removing disabled or
wrecked vehicles on the public streets, regardless of whether the purpose of
the towing is to remove, repair, wreck, store, trade or purchase such
disabled or wreck vehicles.
Wrecker company. Any person, partnership, firm, association or
corporation engaged in the wrecker business.
Sec. 2. Wrecker calls; notice to police department required. '
(1) Any wrecker making a wrecker call in the City of Nederland
must first notify the police department before making the call and the
address to which it is going.
J
Minutes Continued
October 28, 1980
(2) In any accident requiring police investigation, the wrecker,
whether called by an individual or police officer, may not proceed within
' 1501 of the scene thereof without first obtaining permission from the officer
investigating said accident.
Sec. 3. Influence, etc., by police as to selection of wrecker.
(a) However, should the driver of the vehicle be incapacitated and
the officer is not able to promptly locate a person who has sufficient
authority for care of the vehicle, then the officer may, if it appears
necessary in his judgement, order the removal of the vehicle to a place of
safety for the benefit of the driver or owner of the vehcile. Charges for
service or storage in such cases will be the responsibility of the owner.
(b) In any instance where the driver or owner of the vehicle does
not have a preference and requests the officer to call a wrecker, or if the
driver is incapacitated as described in the preceding paragraph, the officer
will call headquarters and request that the next wrecker listed on the "non-
preference" list be called to move the vehicle to safety. The non - preference list
will be maintained by the Police Chief, and it shall only include permittees,
with proper equipment and storage space to properly care for the vehicle. This
list will not exceed three (3) wrecker companies.
(c) In the instance that a wrecker company is called by non - preference
but police are unable to contact them, the company will lose its turn on the
rotation of the non - preference list. If the company refuses the call, their
turn on rotation will be lost.
' (d) If a wrecker company is called by preference or non - preference and
fails to arrive at the scene within a reasonable time, the officer who instigated
the call may call the next non - preference wrecker. Once the second wrecker is
called the first wrecker will be forbidden to tow the vehicle and will lose
his` turn on the non - preference list.
(e) The driver of a disabled, wrecked, or abandoned vehicle may request
a wrecker not listed on the City of Nederland non - preference list. These
wreckers will be allowed to pick up a vehicle in the City of Nederland from
public or private areas if the officer in charge feels this can be done promptly.
Sec. 4. Following vehicles in response to accident report prohibited.
No person shall follow in a wrecker any ambulance or police car which
is traveling on a public street in response to report of an automobile collision
or accident.
Sec. 5. Solicitating business prohibited.
No person shall solicit in any manner, directly or indirectly on the
streets of the City, the business of towing any vehicle which is wrecked or
disabled on a public street, regardless of whether the solicitation is for
the purpose of soliciting the business of towing, removing, repairing, wrecking,
storing, trading, or purchasing said vehicle. In all presecution under this
provision, proof of the presence of any person engaged in the wrecker business
or the presence of any wrecker or motor vehicle owned or operated by any person
engaged in the wrecker business, either as owner, operator, employee or agent,
on any public street in the City, at or near the scene or situs of a wreck,
accident, or collision within one hour after the happening of a wreck, accident,
or collision, unless such wrecker was lawfully summoned to such scene, shall
Minutes Continued
October 28, 1980
be prima facie evidence or a solicitation in violation of this section.
Sec. 6. Impoundment of wrecked vehicle. '
Any police officer, in the exercise of his discretion as a police
officer, may direct that any vehicle shall be taken by the driver of the
wrecker towing the vehicle directly to the city pound and there held by the
City for inspection or investigation to determine the cause or reason for
the accident such vehicle was involved in or such vehicle's disability or
for any lawful purpose.
Sec. 7. State vehicle operator's license required.
All drivers for wrecker companies shall be required to hold a valid
state vehicle commercial license.
Sec. 8. Annual City permit required.
Every person engaging in a wrecker business who desires to be placed on
the Nederland Police Department non - preference wrecker rotation list, as set out
in Section 3, subsection (b), shall first obtain a permit issued by the city
to engage in such business.
Sec. 9. Application for City permit.
Any person desiring a permit required by the provisions of this article
shall file a sworn written application therefore with the Chief of ,
Police or his designate, which such application shall contain the following:
(a) The name and address of the applicant.
(b) The number of wreckers proposed to be operated by Applicant.
(c) The address and telephone number of the business location
from which applicant will operate such wrecker business, if
he secures a permit.
(d) The types of wrecker equipment which he proposes to place in
operation.
(e) Whether the applicant has available space for properly ac-
commodating and protecting all disabled motor vehicles to be
removed by him from the places where they are found disabled.
This will be at least 4' chain link fence capable of being
locked and located inside the City limits of Nederland, Texas.
All future applicants not currently on non - preference rotation
when ordinance is put in force will be required to have a 6'
chain link fence capable of being locked and located within the
City limits of Nederland, Texas.
(f) Statement that the applicant has the required insurance.
(g) Such other information as the Police Chief shall find '
reasonably necessary to effectuate the purpose of this
chapter and to arrive at a fair determination of whether
the terms of this chapter have been complied with.
Minutes Continued
October 28, 1980
Car. In. Faa
' At the time the application for a permit to be issured under the pro-
visions of this article is filed with the City Secretary, the applicant there-
fore shall pay to the City Secretary a permit fee of twenty five dollars ($25.00)
annually or for any part of a year thereof, and also for additional inspection
fees as outlined below. Should the permit be denied or refused, the applicant
will be charged the sum of three dollars ($3.00) as an inspection fee for
each wrecker proposed to be operated, and such inspection fee shall not be
returned. If the permit is granted, there will be no additional charge for
one such wrecker inspection fee and the same shall be included in the twenty -
five dollar ($25.00) permit fee. Should the applicant desire to operate more
than one wrecker, the three dollar ($3.00) inspection fee shall be charged
for each additional wrecker, and such fees must be paid on application for
the permit.
Sec. 11. Liability insurance required.
No permit shall be issued under the provisions of this ordinance
unless the applicant thereof shall procure and keep in full force and
effect a policy or policies of public liability and property damage in-
surance issued by a casualty insurance company authorized to do business
in the state and in the standard form approved by the State Board of In-
surance Commissioners, with the insured provisions of said policy or policies
including the City as an insured, and the coverage provision insuring the
public from any loss or damage that may arise to any person or property
by reason of the operation of a wrecker of such company and providing that the
' amount of recovery on each wrecker shall be in limits of not less than the
following sums:
(a) For damages arising out of bodily injury to or death
of one person in any one accident $20,000.00
(b) For damages arising out of bodily injury to or death
of two (2) or more persons in any one accident $50,000.00
(c) For injury to or destruction of property in any
one accident $10,000.00
(d) The certified insurance form shall be kept on file
with the permit application, and it must warrant to the
City that the insurance will not be cancelled without thirty
(30) days prior notice, in writing, to the City.
Sec. 12. Issuance of permit.
After the application has been approved by the Chief of Police or
his designates of the City of Nederland, Texas, the City Secretary shall
issue a permit under the provisions of this ordinance to applicants complying
with the provisions hereof.
Sec. 13. Revocation -- Duty upon grounds.
The Chief of Police or his designate shall revoke any permit issued
under the provisions of this chapter when it finds any of the following:
(a) The permit was procured by fraudulent conduct or false
Minutes Continued
October 28, 1980
statement of a material fact in the written application.
(b) The permit holder has violated any applicable provision of '
this Code, state law or city ordinance, rule or regulation.
Sec. 14. City vehicle inspection permit required.
In addition to the business permit required by section 8 above,
no person shall operate a wrecker on the streets of the city unless an
inspection permit for such wrecker vehicle has been issued for such vehicle
by the Police Chief or his disignate of the City of Nederland, Texas.
Sec. 15. Minimum requirements for wrecker permits.
No city vehicle inspection permit shall be issued under the provisions
of this article for any wrecker proposed to be used by the applicant unless
said wrecker complies with the following minimum requirements:
(a) Said wrecker shall have a current license tag and
State Inspection Sticker.
(b) Said wrecker shall be not less than three - quarter (3/4)
ton in size and must be equipped with booster brakes.
(c) Said wrecker shall be equipped with a power or hand
operated winch, winch -line, and boom, with a factory
rated lifting capacity (or a city tested capacity) of
not less than five thousand (5,000) pounds, single line I
capacity.
(d) Said wrecker shall carry as standard equipment: tow
bars, safety chains, wrecking bars, brooms, an axe,
and a fire extinguisher meeting fire underwriters require-
ments and equipped with dolly wheels and axles and approved by
the Police Chief of the City of Nederland, Texas.
(e) The Police Chief shall also determine if the applicant has
adequate storage facilities for safe storage of wrecked
vehicles.
(f) Said wrecker must have the company name, as it appears on the
permit, affixed or painted on each side of the wrecker. These
letters must be at least 3" in height and a color that contrasts
the mass of the background.
Sec. 16. Tax status.
No city vehicle inspection permit shall be issued under the provisions
of this article to any applicant if the applicant owns any wrecker upon which
any delinquent taxes are due the city, nor for any wrecker if the applicant
thereof has failed to render same for ad valorem taxation to the City of
Nederland. '
Sec. 17. Contents.
Each city permit required by the provisions of this article shall
state that the vehicle for which such permit was issued has been inspected
and approved under the direction of the Chief of Police and his designates.
G %J
Minutes Continued
October 28, 1980
Sec. 18. Transferability.
' No permit issued under the provisions of this article shall be
transferable.
Sec. 19. Suspension or revocation.
Any vehicle inspection permit issued under the provisions of this
article may be revoked or suspended by the Chief of Police or his designate
for the violation of any applicable provision of this Code, any state law,
or any city ordinance, rule, or regulation.
Sec. 20. Expiration.
Every permit issued under the provisions of this article shall
expire at midnight on the thirty -first day of December of the calendar
year in which the same was issued.
Sec. 21. Adherence to Federal and State Laws.
This Ordinance shall be cumulative of all laws of the State of Texas
and the United States governing the subject matter of this Ordinance.
Sec. 22. Penalty.
Any person, either by himself or agent, who shall do any act or
' thing prohibited by the terms of this Ordinance, or in anyway violate the
provisions thereof shall be fined not less than twenty -five dollars ($25.00)
nor more than two hundred dollars ($200.00). It shall not be necessary for
the complaint to allege or for proof to be made that the act was knowingly
done, nor shall it be necessary for the complaint to negative any exception
contained in this Ordinance concerning any prohibited act, but any such
exception made herein may be urged as a defense by any person charged by
such complaint.
Sec. 23. Constitutionality.
1
If any section, sub- section, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional, void or invalid.
The validity of the remaining portions of this Ordinance shall not be affected
thereby, it being the intent of the City Council in adopting this Ordinance,
that no portion hereof, or provision or regulation contained herein, shall
become inoperative or fail by reason of any unconstitutionality or invalidity
of any section, sub- section, sentence, clause, phrase, portion, provision,
or regulation of this Ordinance.
Sec. 24. Repeal.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
n r n
Minutes Continued
October 28, 1980
Sec. 25. Publication.
This Ordinance shall be published by publishing the caption thereof, I
within ten (10) days after the passage thereof, for three (3) successive is-
sues in the Chronicle, the official newspaper of the City of Nederland.
Sec. 26. Effective date.
The fact that the City of Nederland does not have an Ordinance
regulating the operation of wreckers creates an emergency, and this
Ordinance shall be effective from and after its passage and publication
of the caption as required by law.
PASSED, APPROVED AND ADOPTED this day of
A. D., 19
Mayor, City of Nederland, Texas
ATTEST:
City Secretary ,
This ordinance, including all the provisions thereof, is hereby
approved as to form and legality.
City Attorney
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Amendment to Ordinance No. 107 regulating parking on private property.
All Voted Aye.
AMENDMENT TO ORDINANCE NO. 107
AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS
OF THE CITY OF NEDERLAND; PROVIDING PENALTIES OF FINES
FROM ONE ($1.00) DOLLAR TO TWO HUNDRED ($200.00) DOLLARS
FOR VIOLATIONS; AND REPEALING ALL ORDINANCES AND SECTIONS
OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
SECTION 1
Section 99 of Ordinance No. 107 is hereby amended by the addition of Sub- ,
Section 4 to read as follows:
n r-�
Minutes Continued
October 28, 1980
It shall be unlawful and a nuisance for any person to
leave, park or stand or to permit any person to leave,
' park or stand upon any property owned or under his
control, for a period longer than thirty (30) days in
any front, side or rear yard of any lot or tract of
land in the City, any motor vehicle which is in a con-
dition such as to make it incapable of being driven or
operated, unless such motor vehicle is screened from
view of the public by storage within a building or by
a six foot (6') high solid wall or fence, not to exceed
past the front portion of the residence or as in the
requirements set forth in Zoning Ordinance 146, Section
6, fences or hedges.
SECTION II
Penalties -- Any person who violates any provision of this Ordinance shall be
deemed guilty of a misdemeanor, and shall on conviction thereof be fined in
any sum not less than one ($1.00) dollar nor more than two hundred ($200.00)
dollars and the violation of each separate provision thereof shall be considered
a separate offense.
SECTION III
Repealing clause -- Any and all ordinances of the City of Nederland, Texas, in
conflict with 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 28th day of October, A. D., 1980.
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
1
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
n- n
Minutes Continued
October 28, 1980
Discussion items were as follows:
1, Report on Civil Defense meeting by Chief Neal. '
2. City Hall roof leaking.
3. Nederland Avenue traffic.
4. TML reservations
5. Sewer line problem: 1500 Block Helena
6. Drainage problems: Jimmy Wyble residence, 100 Block 8th Street, Helena
Avenue near Telephone Company, Vernon Ditch through Union Oil and
Temple residence on 18th Street.
The meeting was adjourned at 8:15 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
i
LJ
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 18, 1980
The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. A. Nugent, Mr. Tom Lee, Jr., Mr. Sam Gillespie, Mr.
Robert D. Sawyer, and Mr. Homer E. Nagel.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes
of the previous meeting of October 28, 1980, as written. All Voted Aye.
Sealed bids were received, opened, and read for Helena Avenue improvement project
under the 1977 Capital Improvement Program. Bidders were as follows: Trotti - Thompson,
$789,128.00; B & B Construction, $655,221.75; Mar -Len, Inc., $787,695.00; Gulf
Coast Industrial Co., $706,377.00; Excavators & Constructors, $592,713.30; Bella
Company, $749,251.50; Jess Lovelace Construction $698,315.00; and John Bankston
Construction, $592,740.50.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the bids for
Helena Avenue improvement project under the 1977 Capital Improvement Program to
the City Manager and City Engineer for tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for fire truck with 1,500 gallon pumping
capacity. Bidders were as follows: Sun Fire, $102,965.00; Claude Wright & Associ-
ates, $108,889.00.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
fire truck with 1,500 gallon pumping capacity to the City Manager and Fire Chief
for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to table action on bids for
1,600 cu. yd. of 608 clay /408 sand to be delivered to the Mid County Municipal League
Sanitary Landfill in 14 yard trucks. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on
award of bids for 500,000 gallon elevated steel storage tank and appurtenances as
received during the meeting of October 28, 1980 until the next regular City Council
meeting. All Voted Aye.
Mr. Mackey, Union Representative, requested the Friday after Christmas Day and New
Year's Day be declared a City holiday. No action was taken.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., December 9, 1980, for Helena drainage structure.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to endorse the Resolution
commending the Board of Jefferson County Drainage District No. 7. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. Robert
Bodemuller as member of the South East Texas Council on Aging. All Voted Aye.
Minutes Continued
November 18, 1980
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize negotiations '
of new lease agreement for landfill site with Sunoco Terminals; authorize City
Manager and City Engineer to meet with Groves and Port Neches City Managers concern-
ing monies needed for soil borings. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of
Estimate No. 3 in the amount of $18,911.07 to Winter King & Son, Job No. 78003,
Nederland Activity Building. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve Change Order
No. 2, Allied Enterprises, library improvement project under the 1977 Capital
Improvement Program in the amount of $6,150.00. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of monthly bills for the month of October, 1980. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to oppose amendment
to Public Utility Commission permit, Docket Number 3458, for Jefferson County Water
Control and Improvement District No. 10, until we get further clarification as to
where 6" water line will be located. All Voted Aye:.
An Executive Session was held on matters pertaining to personnel and 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 matters ,
pertaining to personnel and 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.
Discussion items were as follows:
1. Grass cutting on vacant lots.
2. Ditches on Nederland Avenue need mowing.
3. Lots in Clayton Addition need. to be cut.
4. Delapidated house on Kent Avenue.
5. Surfacing and striping of City streets.
6. Dumping by B.F.I. at sanitary landfill.
7. Drainage problems.
8. Vernon ditch in DD #7 needs to be cleaned.
9. Garbage truck bids.
10. Adjustment of rates for garbage service.
The meeting was adjourned at 9:40 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 18, 1980
The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel.
Members present were Mr. R. D. Sawyer, Mr. Tom Lee, Jr., Mr. Sam Gillespie, Mr.
R. A. Nugent, and Mr. H. E. Nagel.
Sealed bids were received, opened, and read for one (1) rubber tire tractor with
backhoe and front -end loader. Bidders were as follows: International Harvester
Sales & Service, $21,200.00; Equipment Headquarters, Inc., $23,000.00; Oil City
Tractors, Inc., $26,646.00; and Hy -Co Equipment, $23,177.00.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer the bids for
one (1) backhoe and front -end loader to the City Manager and his staff for
tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for one (1) one -ton truck chassis.
Bidders were as follows: Raiford Motors, $8,208.00 net bid; Wickersham Ford,
$7,751.76 net bid; and Philpott Sales, $8,862.00 net bid.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer the bids for
one (1) one -ton truck chassis to the City Manager and his staff for tabulation
and recommendation. All Voted Aye.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
November 25, 1980
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 previous meeting of November 18, 1980, as written. All Voted Aye.
Proclamation was read proclaiming Tuesday, November 25, 1980, as Evening Optimist's
Club - Youth in Government Day, and a report was made on the day by David Luther and
the City Manager.
Residents from the Orange Street area were present and voiced their dissatisfaction
with their street condition.
Tommy Hebert of 1407 15th Street discussed a drainage problem at his home.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie authorizing advertisement
for bids to be received 6:30 P. M,., December 23, 1980, for banking institutions to
serve as depositories for City of Nederland funds for 2 -year period. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
Amendment to Ordinance #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
Section 6
That from the passage of this amendment on the 25th day of November, A. D., 1980,
the day before Christmas shall be observed as an official holiday. However, this day
may be changed to another day at 'the descretion of the City Council.
PASSED AND APPROVED by the City Council, at a regular meeting, this the 25th day of
November, A. D., 1980.
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
1
1
1
1
1
Minutes Continued
November 25, 1980
A motion was made by Mr. Lee and seconded by Mr. Gillespie to change the holiday,
Christmas Eve, to Friday this year. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to award the bid for one
(1) one -ton truck chassis to Wickersham Ford on the basis of their low bid of
$7,751.76 as received during the meeting of November 18, 1980. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Lee and seconded by Mr. Sawyer
to table action on award of bid for one (1) rubber tire tractor with front -end
loader. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award the bid for
500,000 gallon elevated steel storage tank and appurtenances to Universal Tank
and Iron Works, Inc. on the basis of their low bid of $378,300.00 as received
during the meeting of October 14, 1980. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to accept applications
for permits for sale of alcoholic beverages for "on premises" consumption in
accordance with Ordinance No. 70. All Voted Aye.
1. American Legion Post No. 493 - 922 Nederland Avenue
2. The Berrie Patche, Inc. - 324 13th Street
3. Irene's Lounge - 147 Twin City Highway
4. Italian Restaurant & Flying Pizza - 3603 Nederland Avenue
5. Ken's Pizza Parlor - 2750 Nederland Avenue
6. LaFiesta Restaurant - 535 Twin City Highway
7. Lasuprema Tortilla Bakery - 3106 Highway 365
8. Nederland Club - 323 Twin City Highway
9. Peggy's Seafood - Steaks Restaurant - 103 Nederland Avenue
10. Pizza Inn - 3520 Nederland Avenue
11. The Schooner Restaurant - 1507 S -38th Street
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Chas. R.
Haile & Associates, Consulting Engineers, to continue engineering studies on
landfill and solid waste disposal alternatives and that Nederland pays pro rata
share of this project. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve payment of
Estimate #2 in the amount of $28,755.00 to Allied Enterprises for library improve-
ment project under the 1977 Capital Improvement Program. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing advertisement
for bids to be received 6:30 P. M. December 23, 1980, for 1600 cu. yd. 60% clay/
40% sand to be delivered to the Mid County Municipal League Sanitary Landfill in
14 yard trucks. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action on award
of bid for Helena Avenue Improvement project under the 1977 Capital Improvement
Program. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Change Order #2,
Gatlin Asphalt Company street base renovation Job #380 -52, and payment #2 and final
in the amount of $31,702.20. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing City to
pursue application for flouridation grant from Texas Department of Health. All Voted
Aye.
Minutes Continued
November 25, 1980
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action 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. All Voted Aye.
Discussion items were as follows:
1. Water pressure problem in the 1900 Block of Ave. E, Mr. Jerry Hanson.
2. Flushing fire hydrants.
3. Parking problems on South 16th Street.
4. Trees being jeopardized by recreation center construction.
5. Grant application for Senior Citizen Center and tour of site.
6. Broken curb & guttering in the 500 -600 block of 26th Street.
7. May change time of Council meeting on 12/9/80 for Chief's dinner same night.
8. Union Oil drainage ditch.
9. Culvert cleaned on 8th Street.
10. MCML Banquet 12/4/80, 6:30 P. M., Senior Citizen Center.
11. Report on fire truck concluded today.
The meeting was adjourned at 9:40 P. M.
H. E. Nagel, Mayor
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
December 9, 1980
The meeting was called to order at 5:30 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. Mr. T. E. Lee, Jr. was absent.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
Minutes of the previous meeting of November 25, 1980, as written. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel authorizing rate increase
request by Liberty Cable Television and to approve the following Ordinance author-
izing such, with effective date to be January 1, 1981, contingent upon all other
cities in the area approving same by January 1, 1981. All Voted Aye.
ORDINANCE NO. 336
AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PRESCRIBING RATES AND CHARGES FOR
CABLE TELEVISION SERVICES BY LIBERTY TV CABLE, INC., FIXING THE EFFECTIVE DATE OF
THE RATE INCREASE PRESCRIBED IN THIS ORDINANCE AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, Liberty TV Cable, Inc. has appeared before the City Council and has shown
that the rates and charges for local cable television services heretofore pre-
scribed have proved insufficient to afford said Company a fair return on the fair
value of its property devoted to furnishing cable television service in the City
of Nederland area; and,
WHEREAS, the City Council having heard and fully considered the evidence adduced at
such hearing, recognizes that the rates and charges now being charged by Liberty
TV Cable, Inc. should be increased; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS
Section 1.
Liberty TV Cable, Inc. (hereinafter referred to as "Company "), is hereby authorized
to place in effect the following schedule of rates and charges within the limits of
the City of Nederland and any other area within its jurisdiction to become effective
January 1, 1981, upon passage of this ordinance.
EFFECTIVE JANUARY 1,1981
MAXIMUM RATE SCHEDULE*
TYPE SERVICE ACTIVATION CHARGE MONTHLY SERVICE CHARGE
RESIDENTIAL
(Single Family Only)
First Outlet $35.00 $9.00
Each additional outlet 15.00 ** 2.50
Reconnection Charge 20.00
Transfer 20.00
Relocation of outlets 20.00
Minutes Continued
December 9, 1980
APARTMENT BUILDINGS AND CONDOMINIUMS
A. Single Family rates will prevail when service is provided and billed to each
individual unit occupant with permission of owner /manager.
B. Service provided under central billing plan based upon total number of units
(100 %) in complex whether occupied or not and paid monthly by manager /owner.
TIME & MATERIAL
First Dwelling Unit 9.00
Each Additional Dwelling Unit 4.50
First Outlet 9.00
Each additional outlet 3.00
COMMERCIAL
(Shops, Banks, Office Bldgs., Stores, etc.)
First outlet
Each additional outlet
TIME & MATERIAL
9.00
3.00
*The Company shall not charge in excess of the above mentioned schedule.
* *Limited to four total outlets in single dwelling unit which if ordered at time of
first outlet, additional outlets will be installed at no charge - monthly rate will
be $2.50 each. If over four outlets are ordered, installation charges will be at
Time & Material.
** *Hourly rate for technician includes vehicle and Overhead at $25.00 per hour.
Section 2.
ALL ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Nederland by unanimous vote of all the members of said Council present and voting,
this 9th day of December, 1980.
ATTEST
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
HOMER E. NAGEL
Homer 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
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to support the Resolu-
tion supporting the revised final Environmental Impact Statement for the Taylors
Bayou Project. All Voted Aye. *
*SEE PAGE #262
1
1
1
Minutes Continued
December 9, 1980
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve payment of
bills for the month of November, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to approve payment
of Estimate No. 4 in the amount of $25,248.10 to Winter King & Son, Job No.
78003, for Nederland Activity Building; and Estimate No. 1 in the amount of
$12,911.00 to B & B Construction, Job No. 380 -19A, Avenue G to Hardy water distri-
bution system improvements. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Sawyer authorizing final
approval of the following applications for permits for sale of alcoholic beverages
for "on premises" consumption in accordance with Ordinance No. 70. All Voted Aye.
1. American Legion Post No. 493 - 922 Nederland Avenue
2. The Berrie Patch, Inc. - 324 - 13th Street
3. Irene's Lounge - 147 Twin City Highway
4. Italian Restaurant & Flying Pizza - 3603 Nederland Avenue
5. Ken's Pizza Parlor - 2750 Nederland Avenue
6. LaFiesta Restaurant - 535 Twin City Highway
7. LaSuprema Tortilla Bakery - 3106 Highway 365
8. Nederland Club - 323 Twin City Highway
9. Peggy's Seafood - Steaks Restaurant - 103 Nederland Avenue
10. Pizza Inn - 3520 Nederland Avenue
11. The Schooner Restaurant - 1507 South 38th Street
Presentation of petition was made by Mr. Bob Wachenfelder, 163 Hilldale, pertaining
to street resurfacing program. Fifteen (15) residents were present.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to accept the petition
and letters as presented by Mr. Bob Wachenfelder of 163 Hilldale pertaining to
street resurfacing program. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent authorizing advertisement
of bids to be received 6:30 P. M., December 23, 1980, for waterworks supplies,
employee uniforms, and two (2) police cars. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent that we award the bids
for one (1) fire truck with 1,500 gallon pumping capacity to Sun Fire Company on
the basis of their low bid of $102,965.00, as received during the previous meeting
of November 18, 1980. Messrs. Sawyer and Nugent Voted Aye. Messrs. Gillespie and
Nagel Voted No.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve annual service
agreement for street sweeping with All Area Sweepers Company for a period of one
(1) year for the sum of $450.00 per month, to be effective December 10, 1980. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive
Session 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. All Voted Aye.
Minutes Continued
December 9, 1980
Discussion items were as follows:
1. Water bill.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
* A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS
SUPPORTING THE REVISED FINAL ENVIRONMENTAL IMPACT
STATEMENT FOR THE TAYLORS BAYOU PROJECT.
WHEREAS, South Jefferson County and the City of Nederland in particular have experienced
significant problems as a result of flooding; and
WHEREAS, the Taylors Bayou Project should eleviate some of these flooding problems; and
WHEREAS, the City Council of the City of Nederland is deeply concerned about flooding
in this area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
THAT the City Council does hereby go on record as supporting the revised final
Environmental Impact Statement for the Taylors Bayou Project, and
BE IT FURTHER RESOLVED that the Nederland City Council strongly favors the completion
of the Taylors Bayou Project.
READ, ADOPTED AND APPROVED this 9th day of December, A. D. 1980, at the special meeting
of the City Council of the City of Nederland, Texas.
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
City of Nederland, Texas
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
December 9, 1980
The meeting was called to order at 7:30 P. M. by Mr. W. E. Sanderson, City Attorney.
Members present were Mr. R. D. Sawyer, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr.
Sam Gillespie. Mr. T. E. Lee, Jr. was absent.
Mr. Sanderson, City Attorney, conducted a Public Hearing pertaining to rate
making and service standards for electric service and gas service companies as
authorized on October 28, 1980. The Hearing was tape recorded and the cassette
tape is filed as a part of these minutes.
Mayor Nagel asked to be excused from the meeting at 7:55 P. M. in order to make
an 8:00 P. M. engagement. From this point the meeting was presided over by Mr.
R. A. Nugent, Mayor Pro -Tem.
Sealed bids were received, opened, and read for Helena Avenue drainage structure.
Bidders were as follows: W. R. Boyd, Inc., $48,350.00; John Bankston Construction
Co., $79,945.00; Bella Company, $63,340.00; Jess Lovelace Construction, $57,000.00;
B & B Construction, $81,534.00; Gulf Coast Industrial, $64,440.00; and Excavators
& Constructors, $51,858.85.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for
Helena Avenue drainage structure to W. R. Boyd, Inc. on the basis of their low bid
of $48,350.00. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to award the bid for
Helena Avenue improvement project under the 1977 Capital Improvement Program
to Excavators & Constructors on the basis of their low bid of $592,713.80, as
received during the meeting of November 18, 1980. All Voted Aye.
The meeting was adjourned at 8:15 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
REGULAR. MEETING OF THE CITY COUNCIL OF THE
CITY OF DIEDERLAND
December 23, 1980
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. Sam Gillespie. Mr. R. A. Nugent was absent.
A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the Minutes
of the previous Special Meeting and the Regular Meeting of December 9, 1980, as
written. All Voted Aye.
Presentation was made of the annual audit for the 1970 -1980 fiscal year by Mr.
James Neushafer, Certified Public: Accountant of Beaumont.
A motion was made by Mr. Nagel and seconded by Mr. Lee to accept the annual audit for
the 1979 -1980 fiscal year as presented by Mr. Junes Neushafer, CPA, and authorize
payment in the amount of $3,850.00. All Voted Aye..
A motion was made by Mr. Sawyer and seconded by Mr., Gillespie to award the bid for
fire truch with 1,500 gallon pumping capacity to Claude Wright & Associates on the
basis of their bid as received during the meeting of November 18, 1980, in the
amount of $108,889.00. All Voted Aye.
Mr. Glenn Decuir, Nederland Glass, Company was present to voice complaint of an '
increase in garbage rates for his business. He was told further study would be
made.
A motion was made by Mr. Lee and seconded by Mr., Sawyer to allow homestead exemption
for those with total disability in the same manner as disabled veterans. All Voted
Aye.
A motion was made by Mr. Sawyer and seconded by Mr.. Lee to approve Nederland State
Bank as depository for City of Nederland funds for 2 -year period. All Voted Aye.
Sealed bids were received, opened, and read for employee uniforms. Bidders were
as follows: Tyler Uniform Co., $4,192.50 (shirts) $1,560.00 (pants); Factory Sales
Uniform Co., $1,222.50 (shirts) $1,912.50 (pants); and Munro Dry Cleaning Co.,
$1,537.50 (shirts) $1,852.50 (pants).
A motion was made by Mr. Nagel and seconded by Mr Gillespie to refer the bids for
employee uniforms to the City Manager and his staff for tabulation and recommendation.
All Voted Aye.
Sealed bids were received, opened, and read for Water Works Supplies. Bidders were
as follows: Utility Supply Company, Central Supply Company, Golden Triangle Pipe &
Water Supplies, The Rohan Company, Western Pipe & Supply Company, Rockwell International,
and Jones Supply Company.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
Water Works Supplies to the City Manager and his staff for tabulation and recom-
mendation. All Voted Aye.
Minutes Continued
December 23, 1980
Sealed bids were received, opened, and read for two (2) police cars. Bidders
were as follows: Beaumont Motor Company, $14,669.80; Wickersham Ford, $15,462.28;
and Raiford Ford, $13,588.18.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the bids for
two (2) police cars to the City Manager and his staff for tabulation and
recommendation. All Voted Aye.
Sealed bids were received, opened, and read for 1,600 cu. yd, of 60% clay /40% sand
to be delivered to the Mid County Municipal League sanitary landfill in 14 yard
trucks. Bidders were as follows: Mid County Rental Service, $3.75 P /cu. yd.;
Maco Construction, $3.43 P /cu. yd.; Rose City Sand Corp., $4.85 P /cu. yd.; R & W
Equipment, $3.15 P /cu. yd.; Guthrie Dirt Pit, $3.24 P /cu. yd.; and Charles
Trucking, $3.90 P /cu. yd.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to refer the bids for
1,600 cu. yd. of 60% clay /40% sand to be delivered to the Mid County Municipal
League Sanitary Landfill in 14 yard trucks 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. Sawyer to approve the following
propositions and variances as recommended by the Planning Commission for
Williamsburg Park Section One. All Voted Aye.
a. Project street pavement width of 24 feet, in lieu of 35 feet.
b. Minimum lot area of 1,215 square feet, in lieu of 1,600 square
feet (average lot area equals 1,698 square feet).
C. Common area width of 25 feet, in lieu of 40 feet. Actual distance
between townhouses will vary from 28 to 47 feet.
d. Maximum townhouse height of forty (40) feet, in lieu of 35 feet
(no third floor occupancy requested).
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Ordinance No. 337 pertaining to Special Service Charge for Gas Customers by
Southern Union Gas Company. All Voted Aye.
ORDINANCE NO. 337
AN ORDINANCE SUSPENDING THE PROPOSED RATE SCHEDULES FILED BY SOUTHERN UNION GAS
COMPANY FOR GAS SERVICE WITHIN THE CITY OF NEDERLAND, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Southern Union Gas Company did, on December 4, 1980, file a schedule of
rates for gas service within the City of Nederland, Texas, to become effective
January 2, 1981; and
WHEREAS, after having reviewed the presentation of Southern Union Gas Company,
it is the opinion of the City Council of the City of Nederland, that such schedule
of rates should be suspended for a period of one hundred twenty (120) days from
January 2, 1981, for further study and investigation; now, therefore
BE IT ORDAINED BY THE CITY OF NEDERLAND:
SECTION 1: That pursuant to Section 43 (d) of the Public Utility Regulatory Act,
Minutes Continued
December 23, 1980
the operation of the Southern Union Gas Company's proposed rate schedules filed
with the City of Nederland on December 4, 1980, is hereby suspended for a period
of one hundred twenty (120) days from January 2, 1981, for further study and
investigation.
SECTION 2: This being an Ordinance not requiring publication, it shall take effect
and be in force from and after its passage. The City Secretary shall deliver a
copy hereof to the local Manager of Southern Union Gas Company.
PASSED, APPROVED AND ADOPTED at a. regular meeting of the City Council of the City
of Nederland held on December 23, 1980.
HOMER NAGEL
ATTEST: Homer Nagel, Mayor
ALTA FLETCHER _
Alta Fletcher, City Secretary
The foregoing Ordinance, including all the provisions thereof, is hereby approved as
to form and legality.
W. E. SANDERSON
W. Everett Sanderson, City Attorney
* A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following Res-
olution and assurances pertaining to Senior Citizen Grant. All Voted Aye.
RESOLUTION
STATE OF TEXAS
COUNTY OF JEFFERSON
On the 23rd day of December, 1980, at a meeting of the City Council of City of
Nederland, held in the City of Nederland, Jefferson County, with a Quorum of the
Councilmen present, the following business was conducted:
It was duly moved and seconded that the following Resolution be adopted.
BE IT RESOLVED that the City Council of the above city do hereby authorize Mike
Delgado and his successors in office to negotiate on terms and conditions that he
may deem advisable, a contract or contracts with the South East Texas Regional
Planning Commission, and to execute said contract or contracts on behalf of the
City, and further we do hereby give him the power and authority to do all things
necessary to implement, maintain, amend, or renew said contract.
The above resolution was passed by a majority of those present and voting in accordance
with the City Charter.
I certify that the above and foregoing constitutes a true and correct copy of a part
of the minutes of a meeting of the City Council of the City of Nederland, held on
the 23rd day of December, 1980.
ALTA FLETCHER
City Secretary
1
Minutes Continued
December 23, 1980
Subscribed and sworn before me, , a Notary
Public for the County of Jefferson, of the 23rd day of December, 1980.
Notary Public, County of Jefferson
State of Texas
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve Change Order
No. 3 in the amount of $1,343.52 and Estimate No. 3 in the amount of $23,250.17 to
Allied Enterprises, library improvement project, under the 1977 Capital Improve-
ment Program. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
lease agreement with Sunoco Terminals for land for use as a sanitary landfill. All
Voted Aye.
LEASE AGREEMENT
THIS AGREEMENT made this 23rd day of December, A. D. 1980, by and between
Sun Oil Company of Pennsylvania, a Pennsylvania Corporation, 1608 Walnut Street,
Philadelphia, 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:
For a locative point begin at a 2" pipe in the East line of the William Carroll
League, Abstract 13, being the Northwest corner of the A. J. Stewart Survey
Abstract 399;
THENCE, North 87 31' 15" West along the North line of the A. J. Stewart Survey
a distance of 83.33 feet to a point West of the Sunoco Dock "5" road; said point
being the Northeast corner of the A. J. Stewart Survey and the Northwest corner
of the O. Montee Survey, Abstract 177, point also being the POINT OF BEGINNING of
herein described tract of land;
THENCE, South 2 28' 45" West along the East line of the A. J. Stewart Survey
and the West line of the O. Montee Survey a distance of 1824.75 feet to a point
for corner;
THENCE North 87 31' 15" West a distance of 1102.42 feet to a point for corner;
THENCE North 80 40' 36" West a distance of 795.60 feet to a point for corner;
THENCE North 66 57' 48" West a distance of 699.98 feet to a point for corner;
THENCE North 44 24' 11" East a distance of 129.00 feet to an iron pipe for corner;
THENCE North 50 44' 49" West with the Northeast line of a 10.23 acre tract of
land conveyed by Jas. Hopkins, Trustee, et al, to Thomas S. Lytle by deed dated
the 29th of March 1910, said deed is recorded in Volume 103 Page 633 of the
Deed Records of Jefferson County, Texas, a distance of 652.00 feet to an iron
pipe for corner;
THENCE North 46 26' 40" West a distance of 611.31 feet to an iron pipe at the
Southeast corner of the Alboth Addition for corner;
THENCE North 45 32' 38" West a distance of 100 feet to a point for corner;
Minutes Continued
December 23, 1980
THENCE North 42 01' 36" East a distance of 4972.37 feet to a point West of the
Sunoco Dock "5" Road, point for corner;
THENCE South 50 08' 32" East along a line West of :said Dock "5" Road a distance
of 511.47 feet to a point for corner;
THENCE South 30 18' 44" East along a line West of :said Dock "5" Road a distance
of 104.97 feet to a point for corner;
THENCE South 6 30' 39" East along a line West of said Dock "5" Road a distance
of 2147.00 feet to a point for corner;
THENCE South 33 45' 12" West along a line West of said Dock "5" Road a distance
of 812.35 feet to a point for corner;
THENCE South 17 13' 56" West along a line West of said Dock "5" Road a distance
of 94.16 feet to the POINT OF BEGINNING, containing 267.492 acres, more or less.
TO HAVE AND TO HOLD the above described premises unto Lessee for a term of
twenty years commencing on the first day of January, 1981 and ending on the
thirty -first day of December, 2001 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 landfill 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
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 land-
fill. 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 improve-
ments 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 (a) on account of, or resulting from, the use of said prem-
ises, 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) aris-
ing 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 compamz 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 contractor'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
Minutes Continued
December 23, 1980
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
lasws now in effect or hereafter enacted by any municipal, county, state or
federal authorities having jurisdiction over said premises and which are appli-
cable 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.
7. Lessee shall prohibit all fires on the demised premises in the
operation of the garbage and refuse landfill. 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 thed irect 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 Lessee one hundred eighty
(180) 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
Minutes Continued
December 23, 1980
If to Lessor: Sun Oil Company of Pennsylvania with copy to:
Corporate Real. Estate Manager, Sun Oil Terminal
1608 Walnut Street P. O. Box
Philadelphia, Pa. 19103 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 cor-
porate seals to be hereunto affixed, all the day and year first above written.
ATTEST:
Assistant Secretary
ATTEST:
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
SUN OIL COMPANY OF PENNSYLVANIA
BY:
Vice President
BY:
CITY OF NEDERLAND
BEFORE ME the undersigned authority on this day personally appeared
of Sun Oil Company, 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
Notary Public
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize fluorida-
tion grant. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of expenses
for John Bamber, Public Works Director, to attend Solid Waste Problem Solving Work-
shop in Baytown, January 28 -29, 1981. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to table an Executive Session
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.
All Voted Aye.
Discussion items were as follows:
1. No parking signs on S -16th Street.
2. Added dumpsters over the holidays.
3. Hiring of an Administrative Assistant Intern from Lamar University possible.
The meeting was adjourned at 9:05 P. M.
ATTEST:
H. E. Nagel, Mayor
Alta Fletcher, City Secretary City of Nederland, Texas
City of Nederland, Texas
C]
L!
1
Minutes Continued
December 23, 1980
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE REGULATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
City of Nederland (hereinafter called the "Applicant ")
(Name of Applicant)
HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964
(P.L. 88 -352) and all requirements imposed by or pursuant to the Regulation of the
Department of Health, Education, and Welfare (45 CFR Part 80) issued pursuant to
that title, to the end that, in accordance with title VI of that Act and the
Regulation, no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which
the Applicant receives Federal financial assistance from the Department; and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of
Federal financial assistance extended to the Applicant by the Department, this
assurance shall obligate the Applicant, or in the case of any transfer of such
property, any transferee, for the period during which the real property or structure
is used for a purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits. If any
personal property is so provided, this assurance shall obligate the Applicant for
the period during which it retains ownership or possession of the property. In
all other cases, this assurance shall obligate the Applicant for the period during
which the Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and
all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Applicant by the Department, in-
cluding installment payments after such date on account of applications for
Federal financial assistance which were approved before such date. The Applicant
recognizes and agrees that such Federal financial assistance will be extended in
reliance on the representations and agreements made in this assurance, and that
the United States shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant, its successors, transferees,
and assignees, and the person or persons whose signatures appear below are authorized
to sign this assurance on behalf of the Applicant.
Dated December 23, 1980
P. O. Box 967
City of Nederland
(Applicant)
By H. E. NAGEL
(President, Chairman of Board, or
comparable authorized official)
Nederland, Texas 77627 H. E. Nagel, Mayor
(Applicant's mailing address)
Minutes Continued
December 23f 1980
*IX. ASSURANCES
CITY OF NEDERLAND (Applicant) hereby assures that certifies
compliance with the regulations, policies, guidelines, and requirements of the
Acts, Orders, Codes as specified in Federal Register Vol. 45, No. 63, paragraphs
1321.123 through 1321.137.
Dated December 23, 1980
P. 0. Box 967
Nederland, Texas 77627
Applicant's mailing address
City of Nederland
(Applicant)
By H. E. NAGEL
(President, Chairman of the Board,
or comparable authorized official)
H. E. Nagel, Mayor
1
1
[i
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
January 13, 1981
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. Sawyer to approve the
Minutes of the previous meeting of December 23, 1980, as written. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment
of bills for the month of December, 1980. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on
proposed lease agreement with Sunoco Terminals for land as use for Sanitary
Landfill. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize
attendance and expenses of Mayor, City Council, and Civil Defense Officials
to attend the 20th Annual Preparedness Conference for State and Local Officials
scheduled February 17 -19 at Austin, Texas. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
water works supplies as follows: Proposal No. 1 to Utility Supply Company
in the amount of $8,211.55; Proposal No. 2 to Rohan Company in the amount of
$3,328.50 on the basis of their low bids as received during the meeting of
December 23, 1980. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
employee uniforms to Tyler Uniform Company on the basis of their low bid as
received during the meeting of December 23, 1980, in the amount of $2,752.50.
All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
two (2) police cars to Raiford Motors on the basis of their low bid as received
during the meeting of December 23, 1980, in the amount of $13,588.18. All
Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize
the Jefferson County Mosquito Control District to fly at low levels as necessary
to apply insecticides for mosquito control within the city limits of the City
of Nederland. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Change Order
No. 1, B & B Construction Company, and Estimate No. 2 in the amount of $4,504.00,
Water Distribution System, under the 1977 Capital Improvement Program. All
Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Change
Order No. 1, Excavators and Constructors, Inc. and Estimate No. 1 in the amount
of $115,000.00, Helena Avenue Improvement Project, under the 1977 Capital
Improvement Program. All Voted Aye.
Minutes Continued
January 13, 1981
A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing Payment
No. 5, Winter King & Son, Contractor, in the amount of $123,733.04, Nederland
Activity Building, under the 1977 Capital Improvement Program. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the follow-
ing Amendment to Ordinance No. 107 regulating traffic upon public streets. 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 ORDI-
NANCE 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 ON PAVEMENT
There shall be no parking on pavement along the West side of South 16th Street
from Nederland Avenue to Avenue B.
There shall be no parking on the South side of Boston Avenue between 13th Street
and 14th Street.
Section 2 - PENALTY
Any person who violates any provision of this Ordinance or who shall neglect to
comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on
conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and
the violation of each separate provision thereof shall be considered a separate
offense.
Section 3 - REPEALING CLAUSE
Any and all Ordinances of the City of Nederland, Texas in conflict with any of the
provisions of this Ordinance are hereby expressly repealed.
PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the
13th day of January, A. D., 1981.
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
1
Minutes Continued
January 13, 1981
A motion was made by Mr. Nugent and seconded by Mr. Lee to award the bid for
1600 cubic yards of 60% clay - 40% sand to be delivered to Mid - County Municipal
League Sanitary Landfill in 14 yard trucks to Redwine -Welch Equipment Company
on the basis of their low bid as received during the meeting of December 23, 1980
in the amount of $3.15 P /cu. yd.. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize advertisement
for bids for 340,000 black plastic garbage bags to be received before 6:30 P. M.,
February 10, 1981. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize adver-
tisement for bids for sale of one (1) city -owned backhoe to be received before
6:30 P. M., February 10, 1981. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table an Executive
Session 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. All Voted Aye.
Discussion items were as follows:
1. Hiring of Administrative Assistant Intern.
2. Engineering estimate for sidewalk on 10th Street.
3. Drainage problems -- report for recommendation approval.
4. SETRPC dinner to be January 28, 1981.
5. TML Regional Meeting to be at Beaumont Civic Center.
The meeting was adjourned at 7:03 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
� I
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
January 28, 1981
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 meeting of January 13, 1981, as written. All Voted Aye.
A proposal was presented by Mr. John Musslewhite of the Nederland Lions Club to
hold a Circus March 12 -13, 1981.
A motion was made by Mr. Nagel and seconded by Mr. Lee to work in conjunction with
the Nederland Lion's Club to hold an annual circus within the City of Nederland.
All Voted Aye.
A discussion was held on the approved lease agreement with Sunoco Terminals for
land as use for Sanitary Landfill. No official action was taken.
A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize advertisement
for bids to be received 6:30 P. M., February 24, 1981, for fire fighting equipment.
All Voted Aye. ,
A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following
Ordinance creating a joint airport zoning board to be known as the Jefferson
County Joint Airport Zoning Board and vesting such joint board with the power
such boards are authorized to exercise under the provisions of the "Airport
Zoning Act ", Article 46e -1 to 46e -15, V.A.C.S.; and to appoint Mr. Tom Lee, Jr.
and Mr. R. D. Sawyer as the City's members on said Jefferson County Joint Airport
Zoning Board. All Voted Aye.
ORDINANCE NO. 338
AN ORDINANCE CREATING A JOINT AIRPORT ZONING BOARD TO BE KNOWN AS THE JEFFERSON
COUNTY JOINT AIRPORT ZONING BOARD AND VESTING SUCH JOINT BOARD WITH THE POWER SUCH
BOARDS ARE AUTHORIZED TO EXERCISE UNDER THE PROVISIONS OF THE "AIRPORT ZONING ACT ",
ARTICLE 46e -1 to 46e -15, V.A.C.S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1. Subject to like provision being made by the Commissioners' Court of
Jefferson County, Texas, by proper Order, duly promulgated and entered on its
minutes, as authorized by the provisions of the "Airport Zoning Act ", Article 46e -1
to 46e -15, V.A.C.S., there is hereby created a joint airport zoning board, to be
known as the Jefferson County Joint Airport Zoning Board, which shall have the powers
and exercise the duties set forth in Article 46e -3 of the "Airport Zoning Act ".
SECTION 2. The Jefferson County Joint Airport Zoning Board shall have as members
two (2) respresentatives appointed by each political subdivision within which the
airport hazard area is located, unless any said political subdivision shall waive '
participation or otherwise resolve that it shall not participate in the regulation
of airport hazard areas within its territorial limit, although consenting to such
Minutes Continued
January 27, 1981
hazard areas' regulation by the Jefferson County Joint Airport Zoning Board; and
further, a majority of such appointed board members shall elect another member
who shall serve as Chairman of the Jefferson County Joint Airport Zoning Board.
SECTION 3. Mr. Tom Lee, Jr., and Mr. R. D. Sawyer are hereby appointed as the
City's members on said Jefferson County Joint Airport Zoning Board.
On this the 27th day of January, 1981, came on to be considered by the Commissioner's
Court of Orange County, Texas, at a regular term of such Court, the matter of the
creation of a joint airport zoning board to exercise the powers authorized such
boards by provisions of the "Airport Zoning Act ", Article 46e -1 to 46e -15, V.A.C.S.
to adopt, administer and enforce airport zoning regulations applicable to airport
hazard areas in this Orange County; and it appearing to the Court that the
legislative body of each political subdivision within which the airport hazard area
is located did, or shall enact an ordinance creating a joint airport zoning board,
or did waive participation or otherwise resolve that it would not participate in
the regulation of the airport hazard area within its territorial limit, although
consenting to such airport hazard area's regulation by any such joint airport
zoning board, which board shall be known as the Orange County Joint Airport
Zoning Board, and which ordinance or waiver thereof was expressly made, or shall
be made, subject for its effectiveness to a like provision being made by the
Commissioners' Court of Jefferson County, Texas, and it further appearing to
the Court that the creation of such a joint airport zoning board is in the
public interest of Jefferson County.
IT IS ACCORDINGLY ORDERED, and there is hereby created the Jefferson County Joint
Airport Zoning Board which Board shall have the power and exercise the duties
set forth in Article 45e -3 of the "Airport Zoning Act ".
IT IS FURTHER ORDERED, that the Orange County Joint Airport Zoning Board shall be
composed of two (2) members to be appointed by each political subdivision enacting
an Ordinance to create the Jefferson County Airport Zoning Board, and an
additional member who dnall be elected by a majority of the members so appointed
to serve as Chairman of the said Jefferson County Joint Airport Zoning Board.
IT IS FURTHER ORDERED that Tom Lee, Jr., and R. D. Sawyer are hereby appointed
as Jefferson County's members on said Jefferson County Joint Airport Zoning Board.
ADOPTED this the 27th day of January, 1981.
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
rr — - — -
Minutes Continued
January 27, 1981
A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of Estimate
#4, Allied Enterprises, Inc., in the amount of $12,709.12, Nederland Library
Expansion under the 1977 Capital Improvements Project. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the Election Order
calling an election for the 4th day of April, 1981, for the purpose of electing
two (2) councilmen, one for Ward I and one for Ward III, for the full two (2) year
term. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer authorizing attendance and
expenses of John Bernard, Water and Wastewater Superintendent, to attend the Basic
Instrumentation Workshop, February 23 -26, 1981, at Texas A & M University, College
Station, Texas. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee authorizing expenses of
Nelson Johnson, Street Superintendent, and Mike Delgado, City Manager, to attend
the 10th Annual Public Works Short Course, February 23 -25, 1981, at Texas A & M
University, College Station, Texas. 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.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action 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. All Voted Aye.
Discussion items were as follows:
1. Nederland Avenue traffic on Sunday afternoons.
2. Commercial trucks parked on the street.
3. Cars with expired license tags.
4. S.E.T.R.P.C. meeting to be Wednesday, January 28, 1981, at 6:30 P. M.
5. Chamber of Commerce annual banquet to be Thursday, January 29, 1981, at 7:00 P. M.
6. Dog problems - Dog Catcher having been bitten twice recently.
The meeting was adjourned at 7:50 P. M.
H. E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
Office of the Mayor
PROCLAMATION
WHEREAS, more than 3,000 men and women serve as volunteer leaders in the Three
Rivers Council, Boy Scouts of America; and
WHEREAS, these leaders make it possible for our young people to participate in
the Scouting program for character building, citizenship training, and personal
fitness; and
WHEREAS, these leaders have been selected because of their interest in youth by
community organizations that are chartered to use the Scouting program; and
WHEREAS, their service to youth represents a great contribution to our community;
I, H. E. Nagel, by virtue of the authority vested in me as Mayor of the City of
Nederland, Texas, do hereby
Proclaim
February 8 -14, 1981
As
Scouting Anniversary Week
in the City of Nederland, Texas, and urge each and every citizen of our City to
extend their appeciation to these dedicated men and women during Scouting
Anniversary Week.
In testimony whereof, witness my hand and Seal of the City of Nederland this the
10th day of February, 1981, A.D.
HOMER E. NAGEL
Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary
CITY OF NEDERLAND
February 10, 1981
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. Lee to approve
the
Minutes of the previous meeting of January 27, 1981, as written. All
Voted Aye.
A motion was made by Mr.
Nagel and seconded by Mr. Lee to approve the
following
Proclamation proclaiming
February 8 -14 as Scouting Anniversary Week.
All Voted
Aye.
CITY OF NEDERLAND
Office of the Mayor
PROCLAMATION
WHEREAS, more than 3,000 men and women serve as volunteer leaders in the Three
Rivers Council, Boy Scouts of America; and
WHEREAS, these leaders make it possible for our young people to participate in
the Scouting program for character building, citizenship training, and personal
fitness; and
WHEREAS, these leaders have been selected because of their interest in youth by
community organizations that are chartered to use the Scouting program; and
WHEREAS, their service to youth represents a great contribution to our community;
I, H. E. Nagel, by virtue of the authority vested in me as Mayor of the City of
Nederland, Texas, do hereby
Proclaim
February 8 -14, 1981
As
Scouting Anniversary Week
in the City of Nederland, Texas, and urge each and every citizen of our City to
extend their appeciation to these dedicated men and women during Scouting
Anniversary Week.
In testimony whereof, witness my hand and Seal of the City of Nederland this the
10th day of February, 1981, A.D.
HOMER E. NAGEL
Mayor
City of Nederland, Texas
ATTEST:
ALTA FLETCHER
City Secretary
Minutes Continued
February 10, 1981
An emergency meeting was conducted to discuss and take action on sealed bids
received, opened, and read for 340,000 black garbage bags. Bidders were as follows:
Sunbelt Plastics; Bemis Company; B & E Packaging; Adams Industries, and Arrow
Industries.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to refer the bids for
340,000 black garbage bags received during an emergency meeting to the City Manager
and his staff for tabulation and recommendation. All Voted Aye.
Sealed bids were received, opened, and read for one (1) city -owned backhoe.
Only one bid was received, that being from Lyle Tanner of Port Neches, in the
amount of $2,030.99.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reject the one
bid received from Lyle Tanner of Port Neches for one (1) city -owned backhoe. 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 table action on this item. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nugent to approve Change
Order #4, Allied Enterprises, Inc., for additions to the Nederland Public Library ,
under the 1977 Capital Improvements Project. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
attendance and expenses for the following:
Public Relations Seminar, February 14, 1981, Beaumont, Texas,- Mike Lovelady
Tank Truck Emergency Seminar, February 28, 1981, Port Arthur, Texas - Mike
Lovelady, Morris Meziere, Gary Collins, Byron Richard, Karl Manuel, Billy
Fletcher, and Walter DeCuir
ISFSI Fire Department Instructors Conference, March 14 -19, 1981, Memphis,
Tenn. - Mike Lovelady
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve street
striping plan for Boston Avenue between 13th and 14th Streets. All Voted
Aye.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following
drainage improvements: Widen inlets on 18th Street; Installation of storm sewer
on 35th Street; and Alley improvements in the Central Business District, and to
proceed with these improvements. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the
following payment to contractors and change orders for Capital Improvement Program.
All Voted Aye.
a. Fidelity and Deposit Co. of Maryland, Job No. 378- 47E13, Park Street Storm
Sewer, Estimate No. 4 & Final, $8,237.72; Change Order No. 2 in the amount
of $1,885.26.
1
J
t
Minutes Continued
February 10, 1981
b. W. R. Boyd, Inc., Job No. 380 -59P1, Helena Drainage Structure, Estimate
No. 1, $6,500.00.
c. Excavators & Constructors, Inc., Job 380 -59P, Helena Avenue Paving,
Estimate No. 2, $64,100.00; Change Order No. 3 - no change in contract.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment
of monthly bills for the month of January, 1981. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve plans for
10th Street sidewalks and to authorize advertisement for bids to be received
at 6:30 P. M., March 10, 1981. All Voted Aye.
Discussion items were as follows:
1. Black top sinking in on South 13th Street at Avenue L.
2. Black top sinking in on the South side of Helena Avenue at 27th Street.
3. Cars parking on sidewalks on 30th Street and on Helena Avenue.
4. A tank truck parking on 10th Street.
5. Drainage problem at 8th Street at Altanta Avenue.
6. Inquiries in mail from Senators on proposed legislation.
7. Civil Defense meeting in Austin.
The meeting was adjourned at 8:40 P. M.
ATTEST:
Alta Fletcher, City Secretary
City of Nederland, Texas
H. E. Nagel, Mayor
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
February 24, 1981
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 previous meeting of February 10, 1981, as written. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to authorize the 1981 Neder-
land Heritage Festival, March 13 -22, 1981, including the closing of Boston Avenue
from 14th Street to 17th Street, with employee participation; and to authorize
the Police Escort on the Heritage Promotional Tour to nine (9) Louisiana cities
on February 28, 1981. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nugent to approve request from
Nederland Babe Ruth League for payment of electricity and water for the Babe Ruth
Park and the High School Park during the 1981 Season. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to approve the following
Resolution assigning ballot numbers for absentee voting and for regular voting for
the election of Saturday, April 4, 1981. All Voted Aye.
A RESOLUTION
WHEREAS, Article 6.09 of Texas Election Laws has been amended so that official
ballots are to be counted before delivery to the Election Judge and the number of each
entered of record on the Minutes of the governing body;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
That 200 ballots be delivered for use in absentee voting ranging from Serial
Number 701 through 900, and 1,000 ballots for use in regular voting on election day
ranging from Serial Number 00001 - 01,000.
PASSED by the City Council this 24th day of February, 1981.
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. Lee to approve payment and
expenses of Waste Water Treatment Operators, John LeJunie and Mike Graham, to attend
the Chlorinator Maintenance School to be held in Port Arthur, Texas, March 3 -5, 1981.
All Voted Aye.
Minutes Continued
February 24, 1981
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve Ford Construction
Company of Selma, Alabama, as sub- contractors for Universal Tank & Iron Works, Inc.,
to do foundation and utility work on elevated storage tank. All Voted Aye.
Sealed bids were received, opened, and read for fire fighting equipment. Bidders
were as follows: Boots & Coots, $5,912.23; Delta Safety & Supply, $6,318.90;
Halprin Co., $4,404.54; Industrial Fire Equipment, $6,607.55; Claude Wright &
Associates, $6,182.80; and Fire Fox Corporation, who turned in an incomplete bid.
A motion was made by Mr. Lee and seconded by Mr. Nugent to refer the bids for fire
fighting equipment to the City Manager and his staff for tabulation and recommen-
dation. All Voted Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to award the bid for
340,000 black garbage bags to Bemis Company, on the basis of their low bid
of $51.28 per thousand as received during the meeting of February 10, 1981. All
Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Nagel to approve Estimate #6,
Winter King & Son, for the Nederland Activity Center in the amount of $95,049.00.
All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Change
Order #5, Allied Enterprises, Inc., for addition to the Nederland Library in
the amount of $49.60. 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 improve-
ments programs, Article 6252 -17, V.A.T.S.
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action 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., as discussed during an Executive Session. All Voted Aye.
Discussion items were as follows:
1. Customers of gold and silver business located at 1000 block of S -22nd Street
driving on neighbor's lawns and parking in neighbor's driveways.
2. Thirty -day removal notice having been given concerning parked car in the
1100 Block of S -15th Street.
3. Stray dogs in the 1100 Block of S -15th Street.
4. Obscene language printed on east wall of Activity Center building.
5. Street transitions needed on streets in Helena Park abutting Helena Avenue.
6. New fire truck delivery over -due.
7. Senior Citizen Center application to be reviewed Friday, February 27, 1981.
8. Letter to City Housing Finance Agency stating that the City of Nederland is
receptive for low interest rate loans.
' The meeting adjourned at 7:45 P. M.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 10, 1981
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 previous meeting of February 24, 1981, as written. All Voted Aye.
Request was made from Mr. Rogers Ellis, McDonalds, to waive the requirements of
Solicitors Ordinance No. 178 so that he may solicit door to door without bond or
permit.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to waive the requirements
of Solicitors Ordinance No. 178 so that McDonalds may solicit door to door without
bond or permit. All Voted Aye.
A discussion was held with Mr. Melvin Belks of Holmes Ambulance Service, Mr. Weldon
Davis, Jr. of Weldon Davis Funeral Home, and Mr. Joe Clayton concerning ambulance
service in the City of Nederland, with a possibility of an ordinance governing
this service being needed. No official action was taken.
A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following
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. All Voted Aye.
AN AGREEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
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
Lj
Minutes Continued
March 10, 1981
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 Church
P. O. 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
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.
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 10th day of March, 1981, A. D.
ATTEST:
ALTA FLETCHER
City Secretary
City of Nederland
Endorsed by Nederland American
Little League Officials:
BUD SIMON
LEON CAMPBELL, JR.
RICKY RODGERS
GARY R. BYRD
ROBERT FINLEY
RAYMOND QUEBEDEAUX
HOMER E. NAGEL
Homer E. Nagel, Mayor
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
W. E. SANDERSON
City Attorney
City of Nederland
TRUSTEES, HILLCREST BAPTIST CHURCH
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to approve the following
Change Orders. All Voted Aye.
a. Allied Enterprises, Inc., Nederland Public Library, Change Order No. 6 in
the amount of $951.00;
Minutes Continued
March 10, 1981
b. Winter King & Son, Nederland Activity Building, Change Order No. 2 in the amount '
of $3,661.00; and,
c. Winter King & Son, Nederland Activity Building, Change Order No. 3 in the amount
of $2,436.15.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to accept the recommendation
of the architect on selection of materials for flooring and recreational equipment
to be used in Nederland Activity Building. All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to award the bid for
fir fighting equipment to Halprin Supply Company on the basis of their low bid of
$5,808.54, as received during the previous meeting of February 24, 1981. All Voted
Aye.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to approve the following
payments to contractors for Capital Improvement Program. All Voted Aye.
a. Excavators & Constructors, Inc., Job No. 380 -59P, Helena Avenue paving and
storm sewer, Estimate No. 3 in the amount of $108,900.00;
b. W. R. Boyd, Inc., Job No. 380 -59P1, Helena Drainage Structure, Estimate No. 2
in the amount of $28,300.00;
c. B & B Construction Company, Job No. 380 -19A, Water Distribution System, I
Estimate No. 3 in the amount of $2,640.00; and,
d. Universal Tank & Iron Works, Inc., Job No. 380 -19C, foundation and utility
work on elevated storage tank, Estimate No. 1 in the amount of $32,000.00.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the following
Change Orders. All Voted Aye.
a. Universal Tank & Iron Works, Inc., Job No. 380 -19C, foundation and utility work
on elevated storage tank, Change Order No. 1 in the amount of $40,217.58; and,
b. Excavators & Constructors, Inc., Job No. 380 -59P, Helena Avenue paving and storm
sewer, Change Order No. 4 in the amount of $7,000.00.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of
bills for the month of February, 1981. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Gillespie to change the name of
the Nederland Public Library to "D. Bob Henson Memorial Library" if there are no
objections from the Lion's Club. All Voted Aye.
A motion was made by Mr. Lee and seconded by Mr. Sawyer to authorize bids to be
received at Nederland City Hall, 1400 Boston Avenue, before 6:30 P. M., April 7,
1981, for the sale of the following equipment. All Voted Aye.
1 - Motor Grader 1952 1 - Pneumatic Roller 1955 ,
1 - 211, Ton I. H. Truck Chassis 1974 1 - 2 Ton Chevrolet Truck Chassis 1977
2 - 10 K. W. Generators
Minutes Continued
March 10, 1981
A motion was made by Mr. Sawyer and seconded by Mr. Gillespie to authorize
advertisement for bids to be received by 6:30 P. M., April 7, 1981, for the
purchase of 30 - 3 cu. yd. garbage container and 10 - 6 cu. yd. garbage
containers. All Voted Aye.
A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve
attendance and payment of expenses for John I. Bamber, Director of Public
Works, to attend the APWA Workshop, Public Works Administration for Small
Communities, to be held in Wichita Falls, April 29 - May 2, 1981. All Voted Aye.
Sealed bids were received, opened, and read for concrete sidewalks along
10th Street. Bidders were as follows: Excavators & Constructors, $24,977.90;
Tex Trac, Inc., $12,575.55; W. R. Boyd, Inc., $13,881.45; and Adco, Inc.,
$19,738.50.
A motion was made by Mr. Lee and seconded by Mr. Nugent to refer the bids
for concrete sidewalks along 10th Street to the City Manager and his staff
for tabulation and recommendation. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve installation
of street light at Mid County Sanitary Landfill. All Voted Aye.
Presentation was made of 1980 Annual Report for the Nederland Fire Department
by Austin Sattler, Fire Chief /Fire Marshal.
' 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.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to table action 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. All Voted Aye.
Discussion items were as follows:
1. Fire truck to be delivered in April.
2. Vandalism of contractor's equipment in Helena Park.
3. Library dedication to be 2:00 P. M., Sunday, March 15, 1981.
4. Meeting with Gulf States Utilities to be Thursday, March 12, 1981.
5. Donations of furnishings for Activity Center from civic groups, large
corporations, etc.
6. Texas Employment Commission wanting to set up temporary office at City Hall.
7. Housing finance for low cost loans - apartment construction.
8. Mr. J. E. White, 919 S -22nd Street, requesting ordinance prohibiting
painting of streets by the newspapers.
9. Traffic on Nederland Avenue.
The meeting was adjourned at 9:50 P. M.
ATTEST:
H. E. Nagel, Mayor
City of Nederland, Texas
Alta Fletcher, City Secretary
City of Nederland, Texas
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
March 24, 1981
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 previous meeting of March 10, 1981. All Voted Aye.
Presentation of report was made by Mr. Cropo LeBlanc on the 1981 Nederland Heritage
Festival.
Discussion was held with Mr. Ed Hutchison of Gulf States Utilities, and films were
presented by Mr. Bordelon concerning the Community Improvement Program- Certification
Program. No official action was taken.
Presentation of 1980 annual report for the Nederland Police Department was made by
Police Chief Billy Neal.
A motion was made by Mr. Sawyer and seconded by Mr. Lee to approve the following
agreements with Clayton Williams Company (formerly J. Garth, Inc.) providing for
water and sewer. All Voted Aye. ,
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS:
This agreement made and entered into by and between the City of Nederland, a
municipal corporation in Jefferson County, Texas, and Clayton Williams Company.
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 to Clayton Williams
Company, hereafter referred to as the System, treated, fresh water and Clayton Williams
Company agrees to buy and pay for such water as may be furnished under the terms of this
contract, at the rate provided for below.
II.
The term of this contract shall be for a period of ten (10) years from date
unless sooner terminated according to the terms hereof.
III.
The monthly rate for water shall be as follows: ,
First 20,000 gallons (minimum) $33.00
All over 20,000 gallons (Per 1,000) .95
Minutes Continued
March 24, 1981
' It is the intention of the parties to this agreement that the City shall
charge for all over 20,000 gallons (Per 1,000) throughout the term of this contract
$.10 per thousand gallons of water more than the charge of residential water
customers inside the City limits of Nederland as specified in City of Nederland
Ordinance 155 and the charge as set out herein shall be amended and effective
upon the effective date of any subsequent amendment to Ordinance No. 155 which
may hereafter be approved by the City Council of the City of Nederland, Texas.
V.
The System will provide all labor, materials, insurance and contingencies
necessary to construct, maintain, and to operate the water system from and includ-
ing the water meter to be located at the entrance to the Mobile Home Park property
line. The City shall have the supervision and control of such master meter,
subject to the right of the System at its expense to have such meter tested or
check at all reasonable times. Said meter shall be considered to be the property
of the City, as long as used for the purposes herein set forth. Upon termination
of this agreement, ownership of the meter will pass to the System.
The connecting water line shall be constructed as shown on the plans from
the master water meter located at the entrance to the Mobile Home Park property
line along U. S. Highway 69 and Canal Avenue to the 34th Street existing 8"
diameter water main in accordance with the provisions of Ordinance No. 121
whereby the City will purchase the System's interest in the water line from 50%
of the gross annual revenue of all water taps made on this extension until the
amount so determined by contract has been repaid but not to exceed a period of
20 years.
The facilities within the Mobile Home Park will be constructed in accord-
ance to plans approved by the City Council. A permit shall be procured and
inspections provided for in accordance with Ordinance No. 155 and the Plumbing
Code and System shall be held responsible for payment of these fees to the City.
VI.
The System agrees to permit fire equipment of the City to connect to fire
hydrants and flushing valves within the System for the purpose of extinguishing
fires, and further agrees to provide the necessary water for performing such fire
fighting duties; however, this provision shall not jeopardize the future charging
by the City, Jefferson County, and /or the System for providing such fire fighting
service whenever provisions for such charges may be provided for.
VII.
The City shall furnish the System with monthly statements on or before the
10th day of each month showing the amount of water delivered to the System each
month through the master meter. In the event the master meter is inoperative
for any reason, water used during the period of inoperation shall be billed
according to the previous month's billing. Payment for water delivered by the
City through said master meter shall become due and payable on or before the
15th day of each month for water metered during the previous month. System shall
pre -pay the first month's estimated bill at $50.00 before date water is first
delivered.
Minutes Continued
March 24, 1981
The City shall have the right to cease delivery of water under this agree-
ment by giving the System five days written notice thereafter by registered mail of
failure of the System to pay for the water billed hereunder.
VIII.
The System, as part of its consideration of this contract, agrees that the
City, its agents and representatives, shall have (and its hereby granted) the
privilege and permission to inspect the water lines and sanitary sewers in connection
with the service rendered by the System to its customers. The System covenants, binds
and obligates itself that all water connections, sewer connections and other plumbing
hereafter installed in this System shall meet and conform to the minimum requirements
of the City and the Texas State Board of Health. Conversely, the City binds itself to
furnish to the System water of the same quality and purity that it delivers to its
customers within its corporate limits.
Failure of the System to correct any violation of this paragraph within thirty
days after receipt of written notice from the City of the violation, shall give the City
the right to terminate this contract.
IX.
It is further specially understood and agreed that the City shall not be
liable to the System nor its customers for failure to furnish water under this
contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, ,
war or any Act of God or the destruction or failure, total or partial, or the
breakdown of any treating plant or plants, or any units or equipment therein, or the
destruction or breakdown of any supply canal or canals, line or lines, from any cause
whatsoever, or by reason of insufficient treating capacity.
X.
The parties hereto agree that it is the duty of the City to furnish water to
its own residents first and that the rights of the System under this contract are
subordinate to the needs of the consumers within the corporate limts of the City of
Nederland, Texas, and to all other existing customers who are purchasing water from
the City at this time.
It is further provided that the needs of the System and their rights hereunder
shall be superior to any subsequent outside City water customer of 100,000 gallons
per month or greater usage. This latter provision shall be subject to review and
waiver by the City to any subsequent extension of the System or any future System
customers outside the present System area.
XI.
In the event the City, during the term of this contract, shall be unable to
furnish a sufficient amount of treated water for the use and needs of the System
or its customers, then it is agreed that this contract may be terminated by the
System, and that water may be purchased from any other available source. I
XIII.
This contract shall become effective upon the installation of the master meter
herein agreed upon and upon written notice from the System that it is ready to receive
the water as herein contracted for.
Minutes Continued
March 24, 1981
' Annexation of the territory within the System by the City, shall terminate
this contract, except for the obligation to purchase the water line as set out
herein in Article V.
XIII.
This contract shall be subject to all valid rules and laws applicable hereto
passed or promulgated by the United States, the State of Texas, and any Municipal
or other Governmental body or Agency having jurisdiction hereof.
XIV.
That this agreement shall inure to the benefit of and be binding upon the
parties hereto, and their respective successors and assigns.
XV.
This contract shall be null and void at the option of the City if the
System has not begun the entire work toward laying water lines in the area which
will be supplied water by this contract within nine (9) months from the date of
this contract.
IN WITNESS WHEREOF, Clayton Williams Company, and the City of Nederland,
Texas, respectively, during a legally convened meeting of the governing body
thereof, have entered in to and caused this agreement to be signed in duplicate
originals on this the day of , 1981.
CITY OF NEDERLAND CLAYTON WILLIAMS COMPANY
H. E. NAGEL
ATTEST:
ALTA FLETCHER
City Secretary
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON X
This agreement made and entered into by and between the City of Nederland,
a municipal corporation in Jefferson, Texas, and Clayton Williams Company.
I.
' The City of Nederland, hereafter referred to as the City, subject to and
upon the terms and conditions hereinafter set out agrees to furnish to Clayton
Williams Company, hereafter referred to as the System, the treatment of house-
hold and commercial sewerage and Clayton Williams Company, agrees to pay for such
Minutes Continued
March 24, 1981
sewer transportation and treatment service under the terms of this contract, at the
rate provided for below.
II.
The term of this contract shall be for a period of ten (10) years from
date unless sooner terminated according to the terms hereof.
III.
The rate for sewer service shall be as follows:
Per Month, Minimum 10,000 Gallons (Based on Water Usage) $16.50
All over 10,000 Gallons (Per M) .70
It is the intention of the parties to this agreement that the City shall charge
for all over 10,000 gallons (Per 1,000) throughout the terms of this contract $.10 more
per 1,000 gallons than the charge of residential sewer customers inside the City Limits
as specified in City of Nederland Rate Ordinance Number 155 and the charge per customer
as set out herein shall be amended and effective upon the effective date of any subse-
quent amendment to Ordinance Number 155 which may be hereafter approved by the City
Council of the City of Nederland, Texas.
V.
The System will provide all labor, materials, insurance and contingencies '
neseccary to construct, maintain, and to operate the sewer collection system from
the Mobile Home Site to the sewer tap on the City main line located on Canal Street.
The facilities will be constructed in accordance with plans approved by the
City Council. Permits shall be procured and inspections provided for sewer taps
in accordance with Ordinance No. 155 and the Plumbing Code and the System shall be
held responsible for payment of these fees to the City.
VI.
The City shall furnish the System with monthly statements on or before the
10th of each month and same shall be due and payable on or before the 15th of each
month. The City shall thereafter have the right to cease treatment of sewerage under
this agreement by giving the System five days written notice by registered mail of
failure of the System to pay for the sewerage service billed hereunder. System shall
prepay the first month's estimated bill at $20.00 before date sewerage is first
delivered.
VII.
The System, as part of its consideration of this contract, agrees that the City,
its agents and representatives, ahll have (and it is hereby granted) the privilege and
permission to inspect the sanitary sewers in connection with the service rendered
by the System to its customers. The System covenants, binds and obligates itself that ,
all sewer connections and other plumbing hereafter installed in this System shall
meet and conform to the minimum requirements of the City and the Texas State Board
of Health. Conversely, the City binds itself to furnish to the System sewerage treatment
of the same quality that it delivers to its customers within its corporate limits.
Minutes Continued
March 24, 1981
' Failure of the System to correct any violation of this paragraph within
thirty days after receipt of written notice from the City of the violation, shall
give the City the right to terminate this contract.
VIII.
It is further specially understood and agreed that the City shall not be
liable to the System nor its customers for failure to furnish sewerage treatment
under this contract if such failure is caused by fire, strike, riots, lockouts,
storms, drought, war or any Act of God or the destruction or failure, total,
or partial, or the breakdown of any treating plant or plants, or any units or
equipment therein, or the destruction or breakdown from any cause whatsoever or
by reason of insufficient treating capacity.
IX.
In the event that the appurtenances herein proposed are not approved
within nine (9) months by the State Health Department, State Highway Department,
County Lower Neches Valley Authority or any other entity having jurisdiction
thereof, then this contract shall be null and void.
X.
The parties hereto agree that it is the duty of the City to furnish sewerage
treatment to its own residents first and that the rights of the System under this
contract are subordinate to the needs of the customers within the corporate limits
of the City of Nederland, Texas, and to all other existing customers who are
purchasing such treatment from the City at this time.
XI.
In the event the City, during the term of this contract, shall be unable
to furnish a sufficient amount of treatment for the use and needs of the System
or its customers, then it is agreed that this contract may be terminated by the
System, and that such treatment may be purchased from any other available source.
XII.
This contract shall become effective upon the installation of the sewer
tap herein agreed upon and upon written notice from the System that it is ready
to transmit the sewerage as herein contracted for.
Annexation of the territory within the System by the City shall give the
City the right to terminate this contract and as further consideration the System
will deliver a "Quit Claim" deed to the sewer lift station and force main to City
for a fixed sum of exactly $10.00.
XIII.
This contract shall be subject to all valid rules and laws applicable
hereto passed or promulgated by the United States, the State of Texas, and any
Municipal or other Governmental body or Agency having jurisdiction hereof.
XIV.
That this agreement shall inure to the benefit of and be binding upon the
parties hereto, and their respective successors and assigns.
Minutes Continued
March 24, 1981
XV.
This contract shall be null and void at the option of the City if the System
has not begun work toward laying sewer lines in the area which will be supplied
treatment by this contract within nine (9) months from the date of this contract.
IN WITNESS WHEREOF, Clayton Williams Company and the City of Nederland,
Texas, respectively, during a legally convened meeting of the governing body thereof,
have entered into and caused this agreement to be signed in duplicate originals on
this the day of , 1981.
CITY OF NEDERLAND CLAYTON WILLIAMS COMPANY
H. E. NAGEL
Mayor
ATTEST:
ALTA FLETCHER
City Secretary
President
Secretary
Discussion was held concerning the $45,600 grant approved for Senior Citizen facility,
with Mr. Bodemuller being told to pursue investigation and cost study of new building.
No official action was taken.
A motion was made by Mr. Sawyer and seconded by Mr. Nagel to award the bid for concrete
sidewalk along 10th Street to Tex Trac, Inc., on the basis of their low bid of
$12,575.55, as received during the previous meeting of March 10, 1981. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Change Order
No. 2, Universal Tank and Iron Works, Inc., Job No. 380 -19C, in the amount of $6,403.80.
All Voted Aye.
A motion was made by Mr. Nagel and seconded by Mr. Sawyer to authorize renewal of the
following contract with other Mid County cities for use of the Mid County Municipal League
Sanitary Landfill. All Voted Aye.
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON X
That the City of Nederland, Texas, by and through its Mayor, H. E. Nagel, as
authorized by official action of the City Council of the City of Nederland, and the
City of , Texas, by and through its Mayor,
as authorized by official action of the City Council, of the City of ,
have this day made and entered into the following agreement and contract, to -wit:
For and in consideration of the agreement and promise of the City of Nederland
to furnish to the City of the right, privilege and permission to use,
for the purpose of depositing garbage, cold ashes, trash and refuse of all kinds, all at
the Mid - County Municipal League Sanitary Landfill located on or adjacent to the following
described premises, to -wit:
1
1
Minutes Continued
March 24, 1981
'
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
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 Y' 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 Y' 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. Stewart Survey (Patent 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.
Said right, privilege and permission to continue for a period of three (3)
calendar years or for a shorter period of time if this contract should terminate
according to the provisions hereof;
And for and in consideration of the further agreement and promise of the
City of Nederland to provide on said premises adequate space and facilities for
said garbage, cold ashes, trash and other refuse of all kinds from the City of
And for and in accordance of the further agreement and promise of the
City of Nederland to keep said premises in a reasonable sanitary and safe condition
Minutes Continued
March 24, 1981
under all the circumstances without cost to the City of other I
than the charge hereinafter set out;
And for and in consideration of the further agreement and promise of the
City of Nederland to provide reasonable sites for dumping, and to carry on at no
expense to the City of other than the consideration herein-
after set out, pushing and leveling of grounds, spraying with insecticides, signs,
fencing and access roads, and the disposal of all scrap or salvagable materials
entering the grounds, all in accordance with reasonable and prudent operation of a
sanitary landfill;
The City of agrees and promises to pay to the City
of Nederland a sum equal to an amount agreed upon by the City Councils of the
participating cities by Council action.
The City of Nederland reserves the right to request a rate increase in the
event that annual operating cost plus 15% of annual operating cost for supervision
payable to the City of Nederland plus capital outlay costs as amortized over a three
(3) year period exceed the revenue produced by said fee per garbage customer, and in
such event, the City of Nederland shall present to the City of
a competent written financial report on said sanitary landfill operation, showing that
the pro -rata cost (including City of Nederland) for the City of
is greater than the contribution of City of under the rate
established herein by the terms of this contract. In such event, the City of
shall be allowed a period of ninety (90) days from the date of the
requested increase, during which time the original rate shall be in effect, in which '
to accept the requested rate increase or to withdraw in writing from participation
in the use of said facilities. In the event that the City of should
elect to withdraw from participation rather than accept the requested rate increase,
this contract and all provisions hereof shall terminate at the end of the afore-
mentioned ninety (90) days period.
The City of Nederland and the City of agree that any
equipment obtained under capital outlay costs herein shall be sold, or traded -in on
different equipment, at the expiration of this three (3) year contract period and
the sale value, if sold, credited on a pro -rata basis to each of the participation
entities, which are a party to this operation during the entire three (3) year period.
This paragraph shall not apply if all participating entities agree to extend this
contract for an additional period of time.
In addition to the above provisions, this agreement may be cancelled by either
party at any time by giving twelve (12) months written notice to the other party of the
intent to cancel.
Compensation in accordance with the aforementioned rate shall be due and payable
to the City of Nederland not later than the 10th day of each calendar month during the
term of this contract which shall be from until
i
It is expressly agreed and understood that the City of Nederland does not ,
Warrant Title to the herein described premises, and should said title fail, or should
said property become unavailable for the purposes for which this agreement as entered
into by operation of law, or by a judgement, decree or order of a Court of Competent
Jurisdiction, or for any reason not under the control of the City of Nederland, then,
and in that event, this agreement shall become null and void, thenceforth each party
u
1
1
Minutes Continued
March 24, 1981
relieved from further liability herein.
G :^
The City of agrees herein to hold the City of Neder-
land harmless for any damages resulting from negligent acts on the part of the
City of arising out of the operation of this contract.
It is further agreed by the City of and the City of Nederland
that the City of shall indemnify and hold harmless the
City of Nederland from all liability for personal injury or property damage
arising from the negligence of the employee or citizens of the City of
from the operation of equipment belonging to the City of
by employees or agents of the City of under the provisions
of this contract.
It is further agreed and stipulated by the City of
and the City of Nederland that this instrument contains the whole and entire
agreement between the said parties, and that any covenants, conditions, agreements,
representatives or stipulations, either expressed or implied, not contained herein
are expressly waived and disclaimed by both parties.
WITNESS OUR HANDS, in duplicate originals, this the _ day of
1981.
ATTEST: THE CITY OF NEDERLAND
City Secretary, City of Nederland Mayor
ATTEST:
THE CITY OF
City Secretary, City of Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney, City of Nederland
City Attorney, City of
A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Estimate
No. 7, Nederland Recreation Building, to Winter King & Son in the amount of
$50,554.03. All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Estimate
No. 5, Nederland Library, to Allied Enterprises, Inc., in the amount of $16,645.73.
All Voted Aye.
A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept the follow-
ing utility easement from Weingarten Realty, Inc., Lot 7 Block 15 Range F PALCO
and to adopt the following Ordinance closing and abandoning an existing utility
easement. All Voted Aye.
2,98
Minutes Continued
March 24, 1981
EASEMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS
THAT the undersigned, WEINGARTEN REALTY, INC., a Texas corporation (herein-
after referred to as "Grantor ") for and in consideration of the sum of One Dollar
$1.00) to Grantor in hand paid by the CITY OF NEDERLAND (hereinafter referred to as
"Grantee "), the receipt and sufficiency of which is hereby acknowledged, does GRANT,
SELL, TRANSFER, RELEASE and forever QUIT CLAIM unto Grantee, its successors and assigns,
an easement for the installation, maintenance, operation and replacement of an under-
ground water line and appurtenances thereto, under a portion of the certain tract or
parcel of land owned by the Grantor, situated in the Port Arthur Land Company Survey,
in Jefferson County, Texas, fully described in Volume 1572, Page 483, Deed Records of
Jefferson County, Texas, said facilities to be located within the herein granted
easement area, which easement area, insofar as same may be embraced within said tract,
is described as follows:
An underground easement twenty five feet (25') in width, extending
twelve and one -half feet (12'x') on each side of the following described
line:
C
COMMENCING at the northwest corner of Lot 7, Block 15, Range F, Port
Arthur Land Company Subdivision, said corner also being the common '
corner of Lot 6, Block 15, and Lots 2 and 3, Block 16, Range F, Port
Arthur Land Company Subdivision and being in the centerline of Nederland
Avenue.
THENCE, SOUTH 48° 47' EAST along the common line between Lots 6 and 7,
Block 15, Range F, Port Arthur Land Company Subdivision a distance of
165.00 feet to the Southwest corner of the Stienhagen Oil Company Tract
as described in Volume 1417, Page 37 of the Jefferson County Deed Records,
in the northwest corner of the Weingarten Tract as recorded in Volume
1572, Page 483 of the Jefferson County Deed Records.
THENCE continuing SOUTH 480 47' EAST a distance of 12.5 feet to the PLACE
OF BEGINNING and centerline of the herein described 25 foot wide utility
easement;
THENCE NORTH 41° 13' EAST along the centerline of the easement being 12.5
feet southeast of and parallel to the southeast line of the Stienhagen Oil
Company Tract and northwest line of the Weingarten Tract a distance of
135.00 feet to a point in the southwest right -of -way line of South Ninth
Street, said easement being 25 feet in width and 135 feet in length.
This conveyance is made and accepted without warranty and is subject to all
restrictions, conditions, covenants, leases, easements and other matters of record
affecting the above described property.
By acceptance of this instrument, Grantee covenants and agrees with Grantor
as follows:
(1) Grantor reserves and retains the right to place any nature of improve-
ments over and across said easement, including but not limited to poles
1
1
Minutes Continued
March 24, 1981
for electrical or similar type line, blacktopping or similar surfacing and
the surface of the easement may be used for any purpose, including but not
limited to parking areas or driveways; provided, however, that Grantor
agrees that no building shall be placed in, on or along said easement.
(2) Grantee, its successors and assigns, shall replace any surfacing
materials removed in the exercise of said easement and shall restore the
surface of the easement to its condition immediately prior to such removal.
(3) Grantee, its successors and assigns shall indemnify and hold Grantor
harmless from any loss or liability arising from the exercise of the
rights granted hereunder provided such loss or liability shall not be
proximately caused by the sole negligence of Grantor, its agents, servants
or employees.
(4) Grantee, its successors and assigns, shall not erect any improvements
above ground level without Grantor's prior written consent.
(5) The easement herein granted is for the use and benefit of all public
utilities, not merely the named Grantee; and Grantor shall be authorized
to grant one or more parties, from time to time, the right to use the
aforesaid easement for utility purposes, subject to the limitation that
the usage by such party or parties shall not interfere with the usage of
the easement being made by Grantee, its successors and assigns (and Grantee
its successors and assigns, shall have the right to enforce the aforesaid
limitation, but said Grantor and its successors, shall not be obligated to
enforce any such limitation).
TO HAVE AND TO HOLD the above described property and easement for said
purposes, together with all rights and appurtenances thereunto and anywise belonging
to Grantee, its successors and assigns forever; however, it is expressly provided
that if said easement or any part thereof is ever discontinued for said purposes,
title thereto (or any part so discontinued) shall revert to the then owners of said
property, the right and privilege being reserved to Grantee, its successors or
assigns, to go upon said premises at any time for the purpose of removing, repairing
or replacing any utilities thereon or thereunder. The easement hereby granted is
non - exclusive and Grantor reserves the right, as hereinabove defined, to use the
surface area of said easement for itself, its invitees, assigness, employees and
agents.
IN WITNESS WHEREOF, the parties hereto have executed this instrument in
multiple counterparts, each of which shall have the force and effect of an original,
this the 24th day of March, 1981.
ATTEST:
WEINGARTEN REALTY, INC.
By:
Senior Vice President
THE CITY OF NEDERLAND
By: HOMER E. NAGEL
Homer E. Nagel, Mayor
Asst. Secretary
'
ATTEST:
ALTA FLETCHER
Alta Fletcher, City Secretary
WEINGARTEN REALTY, INC.
By:
Senior Vice President
THE CITY OF NEDERLAND
By: HOMER E. NAGEL
Homer E. Nagel, Mayor
OO
Minutes Continued
March 24, 1981
STATE OF TEXAS X
COUNTY OF HARRIS X
BEFORE ME, the undersigned authority, a Notary Public in and for Harris
County, Texas, on this day personally appeared MARTIN DEBROVNER, Senior Vice President
of WEINGARTEN REALTY, INC., 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 in the capacity therein stated and
as the act and deed of said Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 24th day of March, 1981
SHIRLEY J. GILBERT
Notary Public in and for
Harris County, Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, a Notary Public in and for Jefferson
County, Texas, on this day personally appeared HOMER 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 purposes and
consideration therein expressed and in the capacity therein stated and as the act
and deed of said City.
1981
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,
Notary Public in and for
Jefferson County, Texas
ORDINANCE NO. 339
AN ORDINANCE ABANDONING AN EASEMENT OUT OF LOTS 6 AND 7, BLOCK 15,
RANGE F, PORT ARTHUR LAND COMPANY SUBDIVISION, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Nederland has heretofore accepted a certain utility
easement described as follows:
COMMENCING at the northeast corner of Lot 6, Block 15, Range F, Port Arthur
Land Company Subdivision, said corner also being a common corner of Lot 7, Block
15 and Lots 2 and 3, Block 16, Range F, Port Arthur Land Company Subdivision and
being in the centerline of Nederland Avenue;
THENCE SOUTH 48° 47' EAST along the common line between Lots 6 and 7, Block
15, Range F, Port Arthur Land Company Subdivision, said line also being the center-
line of an existing fifteen foot utility easement, a distance of 190.00 feet to the