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1989-19911 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 10, 1989 The meeting was called to order by Mayor ProTem Robert D. Sawyer at 3:00 p.m. on October 10, 1989. Members present were Mayor ProTem Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Homer E. Nagel was absent. Mayor ProTem Sawyer called for any corrections and /or additions to the written minutes of the September 26, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the September 26, 1989 meeting as written. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the week of October 1 -7, 1989 was declared "Respiratory Care Week" in Nederland by a proclamation that was issued administratively. However, the personnel of Mid - Jefferson Hospital asked that it be presented at this meeting. At this time Mr. Sosa introduced Pat Greene and John Helbin of Mid - Jefferson Hospital who was in attendance to accept the proclamation on behalf of the hospital. Mayor ProTem Sawyer presented Mrs. Greene and Mr. Helbin with the proclamation declaring the week of October 1 -7, 1989 "Respiratory Care Week" in Nederland. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve a proclamation declaring October 1 -7, 1989 "Respiratory Care Week" in Nederland. All Voted Aye. Fire Chief Mike Lovelady read a proclamation declaring October 8 -14, 1989 "Fire Prevention Week" in Nederland. Chief Lovelady stated that the Fire Department personnel is making preparations for their annual open house to be held Wednesday, October 11, 1989. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve a proclamation declaring October 8 -14, 1989 "Fire Prevention Week" in Nederland. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the meeting of September 26, 1989 the bids for one new pick -up truck for the Water Department were rejected due to the low bid being almost $5,000 over budget and authorization to re -bid was granted. John Bernard, Water and Wastewater Superintendent, then opened and read bids received for one new pick -up truck. The bidders were as follows: JK Chevrolet, $16,873.85. Mayor ProTem Sawyer asked that the bid received be referred to the staff for tabulation with recommendation to be made at the end of the Council Meeting. D. E. Sosa, City Manager, informed the Council that Item 116, authorization to advertise for bids for one new police car, is a budgeted item and the Police Department is ready to receive bids. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize advertisement for bids for one (1) new car for the Police Department to be received October 24, 1989. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the computer consultants have submitted a set of specifications, or requests for proposals. The consultants are recommending that the City advertise for computer hardware and, in the mean time, to purchase personal computers that can connect to the main frame. Mr. Sosa stated that purchasing the personal computers at this time will allow the staff to become familiar with the operation of computers. The City Manager is recommending advertising for proposals to be received for computer hardware. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize the advertisement of requests for proposals for computer hardware for the City of Nederland to be received November 14, 1989. All Voted Aye. D. E. Sosa, City Manager, stated that the Public Works Director has tabulated the bids received for the three pieces of equipment for the Street Department and recommends awarding the bids as follows: Rand Automated Compaction for one new garbage truck, R. B. Everette and Co. for one new flat wheel roller and M —B Company, Inc. for one new paint striper. A motion was made by Councilman Doornbos and seconded by Mayor ProTem Sawyer to award bids for one (1) new garbage truck to Rand Automated Compaction, Inc. ' in the amount of $68,585.00; one (1) new flat wheel roller to R. B. Everett and Co. in the amount of $23,420.00; and, one (1) new paint striper to M —B Company, Inc. in the amount of $10,535.00, for the Street Department. All Voted Aye. D. E. Sosa, City Manager, stated that John Bernard, Water and Wastewater Superintendent, recommends awarding the bid for one new pickup truck to JK Chevrolet in the amount of $16,873.85. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to award the bid for one new pickup truck for the Water Department to JK Chevrolet in the amount of $16,873.85. All Voted Aye. D. E. Sosa, City Manager, is recommending Change Order No. 2 in the amount of $4,350.00 to Excavators and Constructors for additional clearing along the south side of the landfill site, contingent upon Port Neches and Groves authorizing same. Mr. Sosa stated that this area is very close to Sun Marine Terminals and was in need of additional clearing. A motion was made by Councilman Bourque and seconded by Mayor ProTem Sawyer to authorize Change Order No. 2 in the amount of $4,350.00 to Excavators and Constructors for additional clearing along the south boundary of the landfill site contingent upon Port Neches and Groves authorizing same. All Voted Aye. D. E. Sosa, City Manager, is recommending payment to Excavators and Constructors in the amount of $20,342.00 for the repair of the sewer line at Avenue B @ South 3 Street. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to authorize payment to Excavators and Constructors in the amount of $20,342.00 for the repair of the sewer line at Avenue B @ South 3 Street. All Voted Aye. D. E. Sosa, City Manager, stated that Item #11, payment to Butler and Casstevens, Diversified Utility Consultants, Inc. and Technical Analysis Corporation are for Nederland's proportionate share of the Gulf States Utilities' most recent rate case. Mr. Sosa is recommending payment to all three. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Bourque to authorize payments to Butler and Casstevens in the amount of $3,846.09; Diversified Utility Consultants, Inc. in the amount of $14,311.41; and to Technical Analysis Corporation in the amount of $10,095.00, all representing Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. D. E. Sosa, City Manager, is recommending payment of Estimate No. 5 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $89,835.71. Mr. Sosa stated that the closure of the landfill is approximately 60% complete and it has been inspected by the engineer, Mr. George Newsome. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize payment of Estimate No. 5 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $89,835.71. All Voted Aye. ' Mayor ProTem Sawyer called for any questions and /or comments relative to the bills for the month of September, 1989. A motion was made by Councilman LeBlanc and seconded by Mayor ProTem Sawyer to authorize payment of the bills for the month of September as presented by the Treasurer. All Voted Aye. There being no further business, the meeting was adjourned by Mayor ProTem Sawyer at 3:45 p.m. on October 10, 1989. Robert Sawyer, Mayor RroTem City of Nederland, Texas ATTEST: � Lw-� Chris Serres,'City Secretary City of Nederland, Texas 3 UUI tit v Lit Ne 4ftauor �, HomeA E. Nagex ,Jl y virtue o1 the aulliority v e3tecl ill tole aj / /ayor o /th, l..it� o� / /ecler[aitd� Jexa3, Jo ItereOy i• pp �uclaiue O clpi October 1 -7, 1989 J3 "Papika tory Cane Week" ill the City o/ neclerlattcl, .Jexas, and urge eaclt and every (fitizen of our (fit y, to )Leeognize the 6ieed ob re6pi4ato4y .therapy a.6 weE'X. a6 zhoae .indiv.iduatz .involved with .thekaputie and Zi.be- zws.tai.n,i.ng eandioputmonary cane, education, uzeaneh, rehabititati.on and o.then 6 peci.aX ti e6. -9n te3titttott y tvltereo/I witness lily Ituttcl and Seat o f Ilse City o/ 717 derfaccn��cl lliib the 28t1i c1a� of `Q',:s..Septemben, 1989 , ".a A hest: City Secretary 1 1 Vj v //I� a�ur / p / cc''�� City o/ �ederlaitcl, Jexas j� 1 MAYORAL PROCLAMATION WHEREAS Children playing with fire is the leading cause of fire deaths among the very young, killing three of every ten preschool children who die in residential fires; and WHEREAS Matches and lighters are what children playing with fire most often use; and WHEREAS About 75% of U.S. residential fires begin with a match or lighter; and WHEREAS The Nederland Fire Department and the fire service of the State of Texas are dedicated to the safety of life and property of its pro- tected citizens from the devastating effects of fire and recognize the value of firesafety education, particularly for the very young; and WHEREAS The members of the fire service are joined by the citizens of this community and businesses, schools, service clubs and organization in their fire prevention efforts: THEREFORE I, Robert Sawyer , Mayor Protem of Nederland, do hereby proclaim the week of October 8 -14, 1989 as Fire Prevention Week. This week commemorates the Great Chicago Fire of 1871, which killed 250 people, left 100,000 homeless, and destroyed over 17,400 buildings. I call upon the people of Nederland to participate in activities at home, work and school, and to remember, as the 1989 National Fire Prevention Week theme suggests: "BIG FIRES START SMALL: Keep matches and lighters in the right hands." In Witness Hereof, I hereunto set my hand this 10th day of October, the year of our Lord nineteen hundred and eighty -nine. Robert D. Sawyer, Mayor Protem ATTEST: COP- Chris Serres, City Secretary 5 Im REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 24, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on October 24, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the written minutes of the October 10, 1989 meeting. Councilman Doornbos stated that Chris Serres, City Secretary, had explained to him that a correction on page 2 of the October 10, 1989 minutes had been made prior to being entered into the Minute Book. Councilman Doornbos then made a motion which was seconded by Councilman LeBlanc to approve the minutes of the October 10, 1989 meeting as written. All Voted Aye. Mayor Nagel welcomed Webelos Pack 120 of First United Methodist Church to the Council meeting. May,:r Nagel presented Monrce Malke with a proclamation declaring October 24, 1989 "Monroe Malke Day" in Nederland recognizing 33 years of dedicated service ' to the City of Nederland. Mayor Nagel wished Mr. Malke well in his retirement. Mayor Nagel then presented him with a watch, thanking Mr. Malke for his devotion to the City. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve a proclamation declaring October 24, 1989 "Monroe Malke Day" in the City of Nederland. All Voted Aye. Police Chief Billy Neal opened and read bids received for one (1) new police car. The bidders were as follows: JK Chevrolet, $13,139.37; and Philpott Ford, $14,155.00. A motion was made by Mayor Nagel and seconded by Councilman Bourque to refer bids received to the City Manager and staff for tabulation with recommendation to be made at the November 14, 1989 meeting. All Voted Aye. D. E. Sosa, City Manager, reported that the 1989 Street Program has been completed and Stirling Copp, Director of Public Works, has inspected the work performed on approximately four miles of street in Nederland and recommends payment to APAC, Inc. in the amount of $164,908.02. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment to APAC, Inc. in the amount of $164,908.02 for the resurfacing of various streets in Nederland. All Voted Aye. 7 D. E. Sosa, City Manager, recommended advertising for a new aerial lift truck for the Street Department. Mr. Sosa stated that the lift truck being used in the Street Department at this time was originally donated to the City by the telephone company and since that time has been used continuously by both the garbage and street departments. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to authorize advertisement for bids for one (1) new aerial lift truck for the Street Department to be received at such time when specifications are completed by the Director of Public Works. All Voted Aye. D. E. Sosa, City Manager, reminded the Mayor and Council that members of the Doornbos Park Advisory Committee are to be appointed at this meeting. Mr. Sosa announced the following nominees: Tom Lee, Jr., Ceyril Paulus, David Bares, Ed Seymour, Scott Babineaux, Billy W. Doornbos, D. E. Sosa and Mack Griggs. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to approve the nominations as listed above. Councilman LeBlanc then asked if this Advisory Committee would be studying Tex Ritter Park. Mayor Nagel suggested we keep the two parks separate due to the fact that the money donated by the Optimist Club was for Doornbos Park only. D. E. Sosa, City Manager, stated that there are funds available in the Hotel /Motel Tax Fund which could possibly be used for minor improvements in Tex Ritter Park. Mayor Nagel reminded the Council that a motion had been made and seconded then called for a vote. All Voted Aye to approve the nominees to the Advisory Committee. Mack Griggs of the Nederland -Port Neches Evening Optimist Club presented a check to the City of Nederland in the amount of $80,000.00 for the purpose of constructing adult softball diamonds at Doornbos Park. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the donation of $80,000.00 from the Nederland -Port Neches Evening Optimist Club for the purpose of constructing adult softball diamonds at Doornbos Park. All Voted Aye. D. E. Sosa, City Manager, added that he has asked the Texas Parks and Wildlife Department to send the City of Nederland an application for matching funds for the next funding cycle, which will be January 31, 1990. D. E. Sosa, City Manager, read Resolution No. 1989 -11 casting all of Nederland's votes for Charles Lankford for the Jefferson County Appraisal District Board of Directors. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve Resolution No. 1989 -11 casting all the City of Nederland's votes for Charles Lankford for the Jefferson County Appraisal District Board of Directors. All Voted Aye. D. E. Sosa, City Manager, reported that the Planning and Zoning Commission is recommending approval of the preliminary and final plat of Highland Place Subdivision. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Highland Place Subdivision. All Voted Aye. D. E. Sosa, City Manager, reported that the Planning and Zoning Commission is recommending approval of the preliminary and final plat of Forest Central 1, Phase 5, which is outside Nederland's city limits but within the extraterritorial jurisdiction. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Forest Central 1, Phase 5. All Voted Aye. There being no further business, the meeting was adjourned by Mayor Nagel at 7:25 p.m. on October 24, 1989. HomerE. NaMayo City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 Office of #4e auor 9 Coo p — . HomeA E. Naget , l y virtue of the aullcorily vested in me as Mayor o f t�ce City o/ 7"Ierlanci, texas, do fcereby pp Proclain2 October 24, 1989 1 Ay "Monroe Matke Day" in tice City of 7� eclerfancl, .texas, and urge eacic atd every n Citize o f City ity to recognize Monroe bon 33 yeau ob .eenvice to the City o6 Neden2and, PubZi,c Wonhz Department and the community. Sa testintott y tultereol, cvitness m y liaptd and Seat of tice l.ity of /ledler�l/acc,d/ ticis the 24th d1aV o/ % OctobeA, 1989 , �,eCJ. _ Ti Mayor �rY Iii :,4 I ity of //ederlanal, texas (fit,,, secrelarti 01 CITY OF NEDERLAND O RESOLUTION NO. 1989 -11 ,O) WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, \vim/ 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 votes 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: Andrew P. Cokinos Eugene Landry Charles Lankford 75 Alfred Z. McElroy ' Glen Sanders So RESOLVED, this the 24th day of October, 1989. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: � L � / f Chris Serres;" City Secretary City of Nederland, Texas APPROV D S' ^0 FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 11 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 14, 1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on November 14, 1989. Members present were Mayor Homer E. Nagel, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent. Mayor Nagel called for any corrections and /or additions to the written minutes of the October 24, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to approve the minutes of the November 14, 1989 meeting as written. All Voted Aye. Mayor Nagel presented Debbie Allen with a proclamation declaring November 14, 1989 "Debbie Allen Day" supporting Ms. Allen for her efforts to become Miss Texas Teen U.S.A. in El Paso later this month. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve a proclamation declaring November 14, 1989 "Debbie Allen Day" in Nederland. All Voted Aye. ' Stirling Copp, Director of Public Works, opened and read bids received for one (1) aerial lift truck for the Street Department. The bidders were as follows: Commercial Body Corporation, $26,151.00; and General Cable Company, $31,374.00. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to refer bids received to the City Manager and staff for tabulation with recommendation to be made at the November 28, 1989 meeting. All Voted Aye. D. E. Sosa, City Manager, opened and read proposals received for computer hardware. Bidders were as follows: IBM, $49,782.00; IBM Alternate No. 1, $27,976.00; IBM Alternate No. 2, $35,301.00; Betrix Systems Corp., $91,536.25; and Hewlett Packard, $78,560.91. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to refer proposals received for computer hardware to Mr. Garza of Infosol, Inc., the City's Consultant for computer hardware and software, for tabulation with recommendation to be made at a later date. All Voted Aye. D. E. Sosa, City Manager, recommended awarding the bid for one (1) new police car to the low bidder, JK Chevrolet, in the amount of $13,139.37. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bid for one (1) new police car to the low bidder, JK Chevrolet, in the amount of $13,139.37. All Voted Aye. 12 D. E. Sosa, City Manager, recommended payment in the amount of $238.65 to d.p. Consulting Engineers for work performed on the City's inflow and infiltration study adding that he is expecting a final report from Jones and Neuse relative to this study in approximately 3 -5 days. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize payment to d.p. Consulting Engineers in the amount of $238.65 for work performed on the City's inflow and infiltration study. All Voted Aye. D. E. Sosa, City Manager, reported that the Planning and Zoning Commission is recommending approval on the preliminary plans for Christina Court, Section 4. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to accept the Planning and Zoning Commission's recommendation to approve the preliminary plans for Christina Court, Section 4. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Item #9, payment of Estimate No. 6 for Contract No. 2 (closure of landfill) in the amount of $267,783.99, is unusually large due to the fact that the original estimate to remove existing solid waste has exceeded the 10,000 c.y. estimate by 40,000 c.y. Mr. Sosa explained that this increase of existing solid waste resulted in a $111,332.00 addition to the contract. The City Manager recommended payment of Estimate No. 6 to Excavators and Constructors. A motion was made by Mayor Nagel and seconded by Councilman Bourque to authorize payment of Estimate No. 6 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $267,783.99 contingent upon approval of same by the City of Port Neches and the City of Groves. All Voted I Aye. Mayor Nagel called for any questions and /or comments relative to the bills for the month of October, 1989. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize payment of the bills for the month of October, 1989 as presented by the City Treasurer. All Voted Aye. Mayor Nagel informed the Council that the Director of Public Works has tabulated the bids received for one aerial lift truck and recommends awarding the bid to the low bidder, Commercial Body Corporation. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to award the bid for one aerial lift truck to Commercial Body Corporation for their low bid of $26,151.00. All Voted Aye. Discussion items: 1. Mr. Sosa reported that he had received a copy of the City of Beaumont's Sanitary Landfill Special Waste Disposal Policy relative to disposal of medical waste, tires and animals. A copy of the policy will be mailed to Nederland's medical community to inform them of the changes in the methods of disposal of these materials. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 3:40 p.m. on November 14, 1989. Homer � E. Nagel, Mayor�� City of Nederland, Texas ATTEST: &Vta-"� Chris, City Secretary Secretary City of Nederland, Texas 1 1 13 14 -91 No/meA E. Naget /, 4 virtue of f/ll a aut4oritcy vested i/t me cc6 Mayor of t�ce City of /lederCaud► ,texas, do Iterel y _ pp ��roclaitrt November 14, 1989 As "Debbie AUen Day" ill t1te City of JecterCa►acf, - exaj, and urge eac4 and every (fitize/t of our City to necogn,ize Debbie bon hen e66ont6 and ach.ieve- men z and eurnont here in hen quut bon the titte ob M,i6,s Tex" Teen U.S.A. Olt Lill teitimo►t y t/u{teereo , [vi fned3 lily {ia /td arc[ / Seat t{te City of /leeier/ql�accnct 11,ii I1,e 14th daV o f ovembeA, 1989 , A. 2. City Secretary /MMa a y o r C� //// c� ity o/ i/eclerfattd, Jexaj 15 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 28, 1989 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on November 28, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the written minutes of the November 14, 1989 meeting. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve the minutes of the November 14, 1989 meeting as written. All Voted Aye. Mayor Nagel presented Mrs. Vera LeBlanc, Home Health Care Plus, and Mr. Chris Romero, Home Care Unlimited, with a proclamation declaring November 26 - December 2, 1989 "National Home Health Care Week" in Nederland. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve a proclamation declaring November 26 - December 2, 1989 "National Home' Health Care Week" in Nederland. All Voted Aye. Mrs. LeBlanc thanked the Council for the proclamation and stated that home health care is the largest growing industry as well as the most needed industry and that the City's support is greatly appreciated. In accordance with Ordinance No. 70, Mayor Nagel announced applicants for "on premise" consumption permits as follows: 1. American Legion Post 493 6. Taco Rey 2. Irene's Lounge 7. The Schooner 3. LaSuprema 8. C. J.'s 4. Mazzio's Pizza 9. The Golden Lion 5. Pizza Inn Mayor Nagel informed the Council that the applications will be turned over to the Police Department for investigation with recommendation for approval to be made at the December 19, 1989 meeting. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to accept the applications for "on premise" consumption as presented by the Mayor. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that proposals for computer hardware were accepted at the last Council meeting and they were referred to Mr. Garza, the City's Computer Consultant, for tabulation and recommendation. The City Manager read a letter from Mr. Garza recommending award of the proposal to IBM for their low bid of $49,782.00. 16 A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to award computer hardware proposal to the low bidder, IBM, in the amount of $47,782.00 based on the recommendation of Mr. Robert Garza, Computer Consultant, and the City staff. All Voted Aye. Discussion items: 1. Mayor Nagel reported that the manhole cover is missing at the Country Pantry in the 1900 block of Helena Avenue. Councilman LeBlanc stated that another manhole cover is missing in the 1700 block of Helena Avenue. 2. Mr. Sosa reported on the Freeport Property Amendment which was passed during the regular legislative session. He stated that, upon the advice of the City Attorney, a resolution overriding the freeport exemption will be placed on the next agenda, adding that this action must be taken before January 1, 1990. Mr. Sosa went on to explain that, although these products are not in our city limits, in order to preserve our right to tax these products in case of future annexation, this action is necessary. 3. Mr. Sosa related to the Council that he received a request from Chief Neal regarding the storage of personal property confiscated during drug raids. Chief Neal has asked permission to store confiscated vehicles on City owned property which surrounds the water tower located in the 200 block of Hardy Avenue. After a full discussion, the Council decided that the parking lot behind City Hall would be the safest area for storing of property seized in drug raids. Mr. , 3. Sosa stated that once again the County has approached the City relative to the City annexing the intersection of 18th Street and Spurlock near Nederland High School in order to erect and maintain a traffic signal. A full discussion was held on this matter and it was the consensus that the City would be agreeable to maintain a traffic signal at this location, but would have reservations regarding annexation. The Council directed the City Manager to contact Jefferson County Water District 10 relative to their boundaries, due to the fact that, if this intersection lies in their territory, the City could not by law annex this area. 4. Mr. Sawyer asked to be updated on the traffic signal situation on Hwy. 365 near Mazzio's. Mr. Sosa stated that he will contact Mr. Potter of the Highway Department relative to this matter and report back to the Council. 5. Mr. Sosa reported to the Council that the Doornbos Park Advisory Committee has met 3 -4 times. The City Manager informed them that he was approached by Steve Hamilton of Fisher, Haygood, Hamilton and Haile Engineers of Austin, relative to applications for a grant. Mr. Hamilton has offered to put the applications together providing engineering, cost estimates and heavily needed projects for the park. They would charge a fee only if a grant was received. There being no further business, the meeting was adjourned by Mayor Nagel at 1:20 p.m. on November 28, 1989. `Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: OL)IQL Chris Serres City Secretary City of Nederland, Texas 1 17 18 Wthire at flee �Rauvr a � F —9, HomeA E. NageC 7 by virtue oII1,e aufcl ority veiled in uIe ad i{'/ayor of tice City of //ecle,, and_J , exae7 110 - /I erel y Proci//////aint NovembeA 26- Deeemben. 2, 1989 .fit a G "Nati,onat Home Cate Week" ill the City of Ilederfaid, 5exa1, artcl urge eaefi and every C,iti_eit of our C IV to recognize canegivvL6 who have been puviding quaZ ty cane and 6uppoxti.ve 6eAvice,6 to 6amitiez ac toss Amexi.ca. The it hands -on cape and peAzonat touch a,%e brci.nging heat -th came back home whete it betongs. !/ ! // Me teitinzony /v�t/e�reo //7 cvitneii oty hattd aizd Seat of Me C,it f o f ��ecter[a,, Ila., tie 24th cI, o� � r November, 1989 , A. �. 1 1 7117a or l/lecterlaizd, ,Jexad City Secretary J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 12,1989 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on December 12, 1989. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Billy W. Doornbos and Councilman Carl N. "Cropo" LeBlanc. Mayor Nagel called for any corrections and /or additions to the written minutes of the November 28, 1989 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the November 28, 1989 meeting as written. All Voted Aye. Mr. Marvin Kebodeaux, on behalf of the Nederland Heritage Festival Foundation, presented the Council with a proposition regarding a piece of property located at 1523 Boston Avenue. He reminded the Council that this property was purchased by the Heritage Festival last April. Mr. Kebodeaux expressed the interest of the Foundation to donate the property to the City of Nederland with the stipulation that the property be used as a city park. If the City agrees to accept the property the Foundation would like to have a reverter clause in the contract stating if the property ceases to be used as a park it would revert back to the Foundation. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to tentatively accept the property, as presented by the Nederland Heritage Festival, and to instruct the City Manager and the City Attorney to review the deed and contract and report back to the Council with a recommendation. All Voted Aye. D. E. Sosa, City Manager, stated that copies of the 1988 -89 audit have been presented to the Council. After reviewing the audit, should the Council desire, Mr. Browning, Auditor, could be asked to be present at the next council meeting to answer any questions. The City Manager recommended acceptance of the audit and payment in the amount of $5,375.00 to Mr. Everette W. Browning. A motion was made by Mayor Nagel and seconded by Councilman Bourque to accept the Fiscal 1988 -1989 Audit and authorize payment in the amount of $5,375.00 to Mr. Everettte W. Browning, Auditor. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the last meeting the Italian Restaurant and Flying Pizza was excluded from the list of applicants to be approved for "on- premise" consumption of alcohol. The City Manager stated that the owner of the Italian Restaurant and Flying Pizza, Mr. Carfi, was contacted regarding his I 2 application and Mr. Carfi reported that he was not aware that he was not on the list of applicants. Mr. Sosa discussed this situation with the City Attorney who stated that, although it is irregular, it is not illegal to accept Mr. Carfi's application at this time for approval at the December 19th meeting. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the application presented by the Italian Restaurant and Flying Pizza for "on- premise" consumption of alcoholic beverages and to refer the application to the staff for investigation. All Voted Aye. D. E. Sosa, City Manager, stated that the City Attorney has reviewed the request for payment from Butler and Casstevens, Diversified Utility Consultants, Inc. and Technical Analysis Corporation, all representing Nederland's proportionate share of the Gulf States Utilities' rate case, and recommended payment to all three. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment to Butler and Casstevens in the amount of $3,204.77; Diversified Utility Consultants, Inc. in the amount of $4,190.13; and Technical Analysis Corporation in the amount of $215.53, all representing Nederland's proportionate share of the Gulf States Utilities' rate case. All Voted Aye. D. E. Sosa, City Manager, recommended payment to Excavators and ' Constructors in the amount of $67,268.40 for Estimate No. 7 of Contract No. 2 (closure of landfill) and brought the Council up- to -date regarding the progress of the closure of the Mid - County Municipal League Landfill. A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize payment of Estimate No. 7 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $67,268.40. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the last meeting he had informed the Council that the City of Nederland needed to pass a resolution relative to the "Freeport" Amendment, but since that time it has been suggested by the City Attorneys of Nederland, Port Neches and Groves to do this in the form of an ordinance. The City Manager stated that this ordinance is for protection purposes only and he recommended approval of Ordinance No. 399. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve Ordinance No. 399 exempting the City of Nederland from Article No. 8 of the Texas Constitution, more commonly known as the "Freeport" exemption. All Voted Aye. D. E. Sosa, City Manager, reported that the Planning and Zoning Commission is recommending approval on the final plat for Christina Court, Section 4, adding that the preliminary was reviewed by the Council at the last meeting. 21 A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to approve the final plat for Christina Court, Section 4. All Voted Aye. D. E. Sosa, City Manager, recommended advertising for bids to be received January 9, 1990 for water and sewer utilities for Christina Court, Section 4. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize advertisement for bids to be received by 3:00 p.m. on January 9, 1990 for water and sewer utilities for Christina Court, Section 4. All Voted Aye. D. E. Sosa, City Manager, brought the Council up -to -date relative to expansion of park facilities at Doornbos Park. He stated that in order to be eligible to receive grant money, a public hearing must be held for the purpose of receiving citizen input. The City Manager then recommended conducting a Public Hearing on December 19, 1990 at 6:30 p.m. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to authorize a Public Hearing to be held at Nederland City Hall on December 19, 1989 at 6:30 p.m. for the purpose of receiving citizen input in the preparation of an application to the Texas Parks and Wildlife Commission for a grant to further develop ' Doornbos Park. All Voted Aye. D. E. Sosa, City Manager, stated that copies of the invoice from Mr. W. E. Sanderson, City Attorney, for work in relation to Gulf States Utilities' rate case Docket No. 8702 were given to each Council member. A discussion was held relative to discrepancies in dates of work performed. A motion was made by Councilman Bourque and seconded by Mayor Nagel to authorize payment to W. E. Sanderson in the amount of $1,835.60 for work in relation to Gulf States Utilities' rate case Docket NO. 8702 contingent upon correction of dates invoiced. All Voted Aye. Mayor Nagel called for any questions and /or comments relative to the bills for the month of November, 1989. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to authorize payment of the bills for the month of November, 1989 as presented by the City Treasurer. All Voted Aye. Discussion Items: 1. Mr. Sosa stated that he asked David Reagan and Dave Perrell to attend this meeting to bring the Council up -to -date on the inflow /infiltration study. The City Manager reported that based on the study prepared by Jones and Neuse, the cheapest option available to the City would be to begin smoke testing lines in the older parts of town where we are relatively sure there is deterioration of the lines. 22 There being no further business, the meeting was adjourned by Mayor Nagel at 4:32 p.m. on December 12, 1989. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: - -- --------------- - -- Chris Serres, City Secretary City of Nederland, Texas 1 J 1 1 CITY OF NEDERLAN7) ORDINANCE NO. 399 - - - -AN- ORDINANCE PROVIDING FOR THE TP.iATION OF PROPERTY EXEMPT UNDER ARTICLE VIII, SECTION 1 -j, TEXAS CON- STITUTION BEGINNING WITH THE 1990 TAX YEAR; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Nederland finds that the taxation of certain goods, wares, ores, and other tangible personal property that is forwarded out of this state within 175 days of its acquisition or importation into this state is in the public interest, NOW, THEREFORE, BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: All of that property described in the Texas Constitution, Article VIII, Sec. 1 -j, shall be fully taxable in the City of Nederland beginning January 1, 1990. SECTION 2: All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. SECTION 3: This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. 1 PASSED AND APPROVED this %c{ day of �� ^� �,�,} 1989. ATTEST: Chris Serr s, City Secretary City of Nederland, Texas APPROVE AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 00� pi � � 23 24 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 19, 1989 The meeting was called to order by Mayor ProTem Robert D. Sawyer at 6:30 p.m. on December 19, 1989. Members present were Mayor ProTem Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor ProTem Sawyer announced that Mayor Homer E. Nagel had an accident and was unable to attend this meeting. Mayor ProTem Sawyer called for any corrections and /or additions to the written minutes of the December 12, 1989 meeting. A motion was made by Councilman Bourque and seconded by Councilman Doornbos to approve the minutes of the December 12, 1989 meeting as written. All Voted Aye. Mayor ProTem Sawyer called a Public Hearing to order at 6:32 p.m. for the purpose of receiving citizen input in the preparation of an application to the Texas Parks and Wildlife Department for a grant to further develop Doornbos Park. D. E. Sosa, City Manager, gave a brief overview of the formation ' of the Park Advisory Committee which was created after the Nederland -Port Neches Evening Optimist Club donated $80,000 to the City to be used in park development. Mr. Sosa explained that the members of the club specified that the money be used to construct adult softball fields. Mr. Sosa stated that Councilman Doornbos suggested the City apply for a matching fund grant from the Texas Parks and Wildlife Department, which if received, would allow for additional expansion of Doornbos Park. Mayor ProTem Sawyer called for any questions and /or comments relative to the preparation of the application. Robert Stinnett, 1204 South 23 Street, spoke in favor of the proposed park expansion. Mr. Stinnett also requested that more trees be planted in the park. Councilman Doornbos commented that immediately following the donation by the Nederland -Port Neches Evening Optimist Club we would have had a 70% possibility of receiving a matching fund from the State, but now with the Advisory Committee and engineers working on the application we should have about a 90% chance to receive matching funds. Councilman Doornbos also stated that the Park Advisory Committee has outlined the following priorities: 1. Two adult softball fields (one lighted and one not lighted) ; 2. Walking /jogging trail Minutes continued, December 19, 1989 (1/2 or 3/4 mile) ; 3. Covered pavilion for picnics, etc.; 4. Additional park benches with some placed along jogging trail; 5. Volleyball court; 6. Tree planting; and, 7. Possible added parking. Councilman Doornbos reported that the Nederland Heritage Festival Foundation has agreed to donate $5,000 to the park fund and other organizations have donated a total of $5,000 and there are hopes to receive more. Mr. Stinnett asked about existing walkways. Councilman Doornbos responded that, at the last Council meeting, City Manager D. E. Sosa suggested that the City bomag the walkways which will present a much smoother surface. Mrs. Joe Vernon, 2303 Knickerbocker, asked what would be the outcome if the City is turned down for matching funds. Councilman Doornbos responded that there is no penalty for reapplying, therefore, the application can be resubmitted before the next deadline. Mayor ProTem assured Mrs. Vernon that the donated funds will be spent in Doornbos Park regardless of whether or not matching funds were granted to the City. Scot Babineaux, Park Advisory Committee member, stated that he has young children and is looking forward to bringing them to the park. There being no further questions and /or comments, Mayor ProTem Sawyer adjourned the Public Hearing at 6:50 p.m. Mayor ProTem Sawyer then called on D. E. Sosa, City Manager, to read Resolution No. 1989 -12 supporting the City's application to the Texas Parks and Wildlife Department for a grant to further develop Doornbos Park. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve Resolution 1989 -12 supporting the City's application to the Texas Parks and Wildlife Department for a grant to further develop Doornbos Park. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that at the last Council meeting Mr. Marvin Kebodeaux of the Nederland Heritage Festival Foundation approached the City relative to the property located at 1523 Boston Avenue. Mr. Sosa asked that this item be tabled due to the fact that all the paper work had not been completed. A motion was made by Councilman Bourque and seconded by Mayor ProTem Sawyer to table Item #5, accepting the property at 1523 Boston Avenue from the Heritage Festival Foundation to be used as a City park. All Voted Aye. 25 26 Minutes continued, December 19, 1989 D. E. Sosa, City Manager, informed the Council that all applicants for "on premise" consumption of alcoholic beverages have been investigated by the Police Department and all are being recommended for approval. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Bourque to approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. American Legion Post 493 7. The Schooner 2. Irene's Lounge 8. C.J.'s 3. LaSuprema 9. The Golden Lion 4. Mazzio's Pizza 10. Italian Restaurant 5. Pizza Inn and Flying Pizza 6. Taco Rey All Voted Aye. D. E. Sosa, City Manager, informed the Council that it has become necessary to appoint an Acting Judge to preside in the absence of Judge Richard Hughes. Mr. Sosa stated that Judge Hughes is also a practicing attorney and has been called out of town recently, therefore, to keep the City's docket up -to -date it would be in our best interest to appoint an acting judge. The City Manager is recommending the appointment of Morris McCall. A motion was made by Councilman Doornbos and seconded by Councilman ' Bourque to appoint Judge Morris McCall as Acting Judge in the absence of Judge Richard Hughes with his term being retroactive to December 6, 1989 and ending June 30, 1990. All Voted Aye. Discussion items: 1. Councilman Bourque reported that there is rusty wire wrapped around the light pole in front of City Hall. 2. Councilman LeBlanc reported the concrete is broken around the manhole in front of Central Middle School. 3. Councilman LeBlanc also reported the water in the ditch across the street from St. Charles Catholic Church cannot drain. There being no further business, the meeting was adjourned by Mayor ProTem Sawyer at 7:15 p.m. on December 19, 1989. 2 - - -- -- - - - - -- Robert D. Sawyer Mayor ProTem City of Nederland, Texas tZ a__` Chris Serres, City Secretary City of Nederland, Texas fJ 1 'J CITY OF NEDERLAND RESOLUTION NO. 1989 -12 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF NEDERLAND IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF NEDERLAND IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88 -578), authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and, WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88 -578, or such other programs as are hereinafter established by the Federal Government; and, WHEREAS, the City of Nederland is fully eligible to receive assistance under this Program; and, WHEREAS, the City Council of the City of Nederland is desirous of authorizing its administrative staff to represent and act for the City in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the City Council of the City of Nederland hereby certifies that the City of Nederland is eligible to receive assistance under Public Law 88 -578; as augmented by Article 6081r, V.A.C.S. SECTION 2: That the City Council hereby authorizes and direct its Mayor to represent and act for the City of Nederland in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The Mayor is hereby officially designated as the City's representative in this regard. SECTION 3: The City Council hereby designated its City Administrator as the official authorized to serve as the City's fiscal officer to receive federal funds for purposes of this Program. XWQI SECTION 4: The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as Doornbos Park Section II in the City of Nederland for use as a park site. That Doornbos Park Section II is hereby dedicated for public recreations purposes. PASSED AND APPROVED by affirmation vote of the City Council of the City of Nederland, on this 19 day of December , 1989. ATTEST: S/CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 1 1 29 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. January 9, 1990 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on January 9, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Michael R. Bourque, Councilman Billy W. Doornbos and Councilman Carl N. "Cropo" LeBlanc. Mayor Nagel called for any corrections and /or additions to the written minutes of the December 19, 1990 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the minutes of the December 19, 1990 meeting as written. All Voted Aye. Tom Hicklin, Safety Director, presented the 1989 Safety Report to the Council. He informed the Council that 1989 was an excellent year within all departments. Officer Hicklin added that there was a decrease in accidents, both loss time and no loss time. Motor vehicle accidents remained the same as 1988. Officer Hicklin then commended all the employees for their contributions to making 1989 ' such a safe year. Mayor Nagel commended Tom Hicklin and all city employees for their efforts in making 1989 such a safe year and added that there was a 12 1/2% discount on workers' compensation insurance premiums this year which can be directly contributed to the lack of accidents. D. E. Sosa, City Manager, reported the Doornbos Park Advisory Committee has met six times regarding the expansion of the park. He then informed the Council that a park site plan was enclosed in the Council's packet along with cost estimates. Mr. Sosa then turned the meeting over to Councilman Doornbos stating that Mr. Doornbos has been more involved with the proposed expansion. Councilman Doornbos pointed out that all items proposed on the site plan were placed on it for a specific purpose: 1) either the committee felt it was very important, or 2) because it could be a determining factor in the Texas Parks and Wildlife Department's decision to grant matching funds. He then briefly discussed items proposed for expansion. The City Manager stated that it is the hopes of the committee that an adult softball league can be formed and will be willing to maintain the softball fields. A motion was made by Councilman LeBlanc and seconded by Councilman Sawyer to accept the recommendation of the Doornbos Park Advisory Committee for improvements to be included in the grant application to the Texas Parks and Wildlife Department. All Voted Aye. 34 Minutes Continued, January 9, 1990 Mayor Nagel commended the members of the Doornbos Park Advisory Committee and their efforts on the expansion of Doornbos Park. Mr. John Holm, Fittz and Shipman, opened and read bids received for water and sewer utilities for Christina Court Subdivision, Section IV. The bidders were as follows: Excavators and Constructors - $28,845.98; Ricky Salenga - $27,654.49; Allco - $25,863.75; and John Bankston Construction - $23,915.00. Mayor Nagel asked that the bids received be referred to the staff for tabulation with recommendation to be made at the end of the Council Meeting. D. E. Sosa, City Manager, stated that payment in the amount of $1,121.14 to Don Reichle and Associates for field inspection of elevated storage tank on South 5th Street is an item that would not normally be placed on the agenda. However, with the possible upcoming budget problems (the closure of Unocal) he wants to keep the Council up -to -date on the condition of the city's equipment. Mr. Sosa reminded the Council that this particular water tower was painted approximately five years ago and it appears to have a leak which was not detected at that time. The City Manager stated that the inspectors gave three options as to how the leak can be repaired, it can be repaired from the inside, a plug may be able to be inserted, or the more costly method would be to repair the area from the outside. Mr. Sosa suggested that the City have all towers inspected periodically. He is recommending payment to Don Reichle and Associates for their inspection of the tank. , After a full discussion the Council directed Mr. Sosa to have the tower repaired. A motion was then made by Mayor Nagel and seconded by Councilman LeBlanc to authorize payment in the amount of $1,121.14 to Don Reichle and Associates for field inspection of the elevated storage tank on South 5th Street. All Voted Aye. D. E. Sosa, City Manager, in anticipation of a tighter budget year, is seeking permission to advertise for a two year supply of coverstone for the street rehab program. A motion was made by Councilman Doornbos and seconded by Councilman Bourque to authorize advertisement of bids to be received January 23, 1990 for coverstone for the rehab program. All Voted Aye. D. E. Sosa, City Manager, informed the Council that the closure of the landfill is approximately 70% completed and he is recommending payment to Excavators and Constructors in the amount of $77,455.78. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to authorize payment of Estimate No. 8 for Contract No. 2 (closure of landfill) to Excavators and Constructors in the amount of $77,455.78. All Voted Aye. Minutes Continued, January 9, 1990 D. E. Sosa, City Manager, stated the annual Emergency Management Conference will be held in Austin February 13 -15, 1990 and is asking permission for the Mayor, City Council and staff to attend the conference. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize the Mayor, City Council and various City officials to attend the Emergency Management Conference February 13 -15, 1990 in Austin, Texas. All Voted Aye. Mayor Nagel called for any questions and /or comments relative to the bills for the month of December, 1989. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the bills for the month of December, 1989 as presented by the City Treasurer. All Voted Aye. D. E. Sosa, City Manager, stated that the staff has reviewed the bids received for water and sewer utilities for Christina Court Subdivision, Section IV, and is recommending the low bidder, John Bankston Construction, in the amount of $23,915.00. A motion was made by Councilman Bourque and seconded by Mayor Nagel to award the bid for water and sewer utilities for Christina Court Subdivision, Section IV, to the low bidder, John Bankston Construction, in the amount of $23,915.00. All Voted Aye. The regular meeting was recessed at 3:57 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor Nagel at 4:42 p.m. Mayor Nagel reported that no action was necessary. A motion was made by Mayor Nagel and seconded by Councilman Bourque to table the Executive Session. All Voted Aye. Discussion Items: 1. Mr. Sosa reported to the Council that he had received a letter from the Department of Health stating that they had made an inspection of the landfill site and everything was in order. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 4:50 p.m. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: cc Chris Serres(, City Secretary City of Nederland, Texas 32 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 23, 1990 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on January 23, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the written minutes of the January 9, 1990 meeting. A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve the minutes of the January 9, 1990 meeting as written. All Voted Aye. Mayor Nagel presented service pins to three employees of the City of Nederland as follows: Albert Reese, 20 years; James Byers, 30 years; and, J. B. McKinney, 30 years. Mayor Nagel commended these employees for their years of dedicated service to the City of Nederland. Mayor Nagel announced that retiree, J. B. McKinney, was recognized ' at a reception prior to the Council meeting where he was presented with a watch and a placque. Mayor Nagel thanked Mr. McKinney for 30 years of dedicated service as City Treasurer for the City of Nederland. D. E. Sosa, City Manager, read the minutes of the Planning and Zoning Commission's meeting of January 15, 1990 relative to their recommendation to approve the preliminary plans for Allan Court Subdivision, Phase I. Mayor Nagel inquired about the requirements for a privacy fence to separate the subdivision from commercial businesses. James Byers, Building Official, stated that privacy fences are only required between commercial and residential property and because this proposed subdivision is located on commercial property no fence would be required. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to accept the Planning and Zoning Commission's recommendation to approve the preliminary plans for Allan Court. All Voted Aye. D. E. Sosa, City Manager, informed the Council that Item #6, amendment to Ordinance No. 164, was placed on the agenda due to the Emergency Management Conference date conflicting with the February 13 Council Meeting date. He then stated that the Council meeting date has been changed to February 6 instead of February 13, adding that the time will remain at 3:00 p.m. 33 Minutes Continued, January 23, 1990 A motion was made by Councilman Bourque and seconded by Councilman Sawyer to approve amending Ordinance No. 164 changing the meeting date of February 13, 1990 to February 6, 1990. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that for the past 6 -7 months the Council and staff have been discussing the validity of pay -back to developers of new subdivisions. Mr. Sosa stated that the pay -back schedule was put into Ordinance No. 121 during the 1950's to entice developers to build Class I subdivisions in Nederland. However, during the 1970's Class II subdivisions were no longer allowed by ordinance, therefore, the pay -back provision has outlived its usefulness, adding that the City of Groves and the City of Nederland are the only cities in this area who offer any pay -back. He then informed the Council that Ron Arceneaux and Associates Consulting Engineers, representing developers of Allan Court, are requesting a pay -back for Allan Court, Phase I and II, contending that their proposal to develop the subdivisions was made under the current provisions of Ordinance No. 121. Mayor Nagel responded that the ordinance provides that the Council may at its sole discretion, enter into a contract with the developer to reimburse the developer for all expenditures made in laying water and sewer lines within a subdivision. He then opened the floor to suggestions, stating that, under the circumstances, he felt that the City should provide for a pay -back on the first phase only of Allan Court. ' Councilman Doornbos stated that he was in agreement with Mayor Nagel and suggested that a date should be set specifying that the City no longer offers reimbursement to developers. Ron Arceneaux responded that the developer, Nichols Co., appreciates any help the City can offer relative to a pay -back. After a full discussion, a motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve pay -back for Phase I of Allan Court and to instruct the City Manager and City Attorney to amend the ordinance repealing the provision for reimbursement to developers. All Voted Aye. Stirling Copp, Director of Public Works, opened and read bids received for coverstone for the street rehabilitation program. The bidders were as follows: Lott Materials, Inc. - $24,000.00; and White's Mines Division - $25,550.00. Mr. Copp then informed the Council that he did recommend awarding the bid to the low bidder. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to award the bid for coverstone for the street rehabilitation program to the low bidder, Lott Materials, Inc., in the amount of $24,000.00. All Voted Aye. D. E. Sosa, City Manager, informed the Council that he received a letter from the Jefferson County Mosquito Control requesting authorization to fly at low levels in order to apply insecticides for the control of mosquitoes. He added that this is a yearly routine item. 34 Minutes Continued, January 23, 1990 A motion was made by Councilman Sawyer and seconded by Councilman Bourque to authorize the signing of a waiver that will allow the Jefferson County Mosquito Control District to fly at low levels over the City of Nederland for the purpose of mosquito control. All Voted Aye. The regular meeting was recessed at 7:15 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor Nagel at 7:40 p.m. Mayor Nagel announced that the Executive Session was held to discuss the filling of the position of City Treasurer. He stated that the City Manager has recommended appointing Chris Serres as the City Treasurer and added that Mrs. Serres will continue as the City Secretary and the Tax Assessor /Collector. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to appoint Mrs. Chris Serres as City Treasurer from January 29, 1990 through June 30, 1990 at which time all appointed officials are reappointed. All Voted Aye. Discussion items: 1. Councilman Doornbos announced that over $97,000 has been raised for the Doornbos Park expansion project and he is expecting three more donations which should bring the total to $100,000.00. Mayor Nagel reminded the Council that during the last meeting a discussion was held on the fire truck which has been out of service. He stated that the City Manager obtained a bid of $75,000 to return the fire truck to first class condition. A full discussion then followed relative to the feasibility of having the truck repaired and it was the consensus of the Council to have the truck placed in the next City auction. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:55 p.m. on January 23, 1990. Homer E. Nagel, May City of Nederland, Texas ATTEST: Chris Se es, City Secretary City of Nederland, Texas AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM JANUARY 23, 1990 THROUGH APRIL 24, 1990. 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 dates for the meeting of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: February 6 March 13 April 10 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: February 27 March 27 April 24 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED SID APPROVED by the City Council at a regular meeting this the ,;,5 day of ff �' ,� 1990. L Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serre4, City Secretary City of Nederland, Texas cop 35 36 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 6, 1990 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on February 6, 1990. Members present were Mayor Homer E. Nagel, Councilman Carl N. "Cropo" LeBlanc, Councilman Michael R. Bourque and Councilman Billy W. Doornbos. Councilman Robert D. Sawyer was absent. Mayor Nagel called for any corrections and /or additions to the minutes of the January 23, 1990 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Bourque to approve the minutes of the January 23, 1990 meeting as written. All Voted Aye. D. E. Sosa, City Manager, stated that when opening bids at the meeting of January 23, 1990, the Director of Public Works failed to notice that the coverstone awarded to Lott Materials, Inc. did not meet specifications. Therefore, the staff is recommending that the City Council rescind the award of bid for coverstone to Lott Materials, Inc. and is also recommending that the Council award the bid to White's Mines in the amount of $25,550.00. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to rescind the City Council's award of bid for coverstone to Lott Materials, Inc. ' due to failure to meet specifications. All Voted Aye. A motion was then made by Councilman LeBlanc and seconded by Councilman Bourque to award bid for coverstone to White's Mines in the amount of $25,550.00. All Voted Aye. D. E. Sosa, City Manager, stated that Item #5, approve the Order Calling Election, is an annual housekeeping item that must be approved by the Council each year. Mayor Nagel read the Order Calling Election for an election to be held on May 5, 1990 for the purpose of electing two councilmen, Ward II and Ward IV, and a Mayor. A motion was made by Councilman Bourque and seconded by Mayor Nagel to approve the "Order Calling Election" providing for an election to be held May 5, 1990 for the purpose of electing a mayor and two councilmembers; one from Ward II and one from Ward IV. All Voted Aye. Mayor Nagel read a resolution appointing Mrs. Luetta Powell Presiding Judge over the General Election to be held May 5, 1990. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the Resolution appointing Mrs. Luetta Powell Presiding Judge over the General Election to be held May 5, 1990. All Voted Aye. 37 Minutes Continued, February 6, 1990 D. E. Sosa, City Manager, informed the Council that Steve Robinson, Zoning Board of Appeals, has recently moved out of Nederland. Mr. Sosa stated that he asked Councilman Doornbos to recommend a replacement to fill the unexpired term of Mr. Robinson and that Mr. Doornbos nominated Mrs. JoAnn Rienstra. A motion was made by Mayor Nagel and seconded by Councilman Bourque to approve the appointment of JoAnn Rienstra to the Zoning Board of Appeals to fill the unexpired term of Steve Robinson. All Voted Aye. D. E. Sosa, City Manager, stated that the charges in the amount of $479.00 submitted by W. E. Sanderson, City Attorney, for services in connection with the Gulf States Utilities' rate case, are in order and he is recommending payment. A motion was made by Councilman Bourque and seconded by Councilman LeBlanc to authorize payment in the amount of $479.00 to W. E. Sanderson, City Attorney, for services from 12/14/89 to 1/31/90 in connection with the Gulf States Utilities' rate case. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of monthly bills as presented by the City Treasurer. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to authorize payment of the bills for the month of January, 1990. All Voted Aye. Discussion items: ' 1. Mr. Sosa informed the Council that he was approached by Jefferson County regarding fire protection for the proposed new jail site. The County is asking for letters of commitment from the City of Beaumont and the City of Nederland relative to fire protection. Mr. Sosa read a letter he had composed to the County and asked for Council approval to send the letter. The Mayor and Council instructed the City Manager to place this item on the next agenda for consideration. 2. Mr. Sosa reported that he had met with Union Oil regarding fire protection. He explained that the fire truck Union Oil was going to donate to the City of Nederland has since been relocated to their refinery in California. Due to the fact that we will not be getting their fire truck, Mr. Sosa asked Union Oil if they would be willing to make a contribution toward the replacement or updating of our fire fighting equipment in exchange for fire protection of their terminal. He then stated that he will keep the Council up -to -date on this situation. 3. Councilman Doornbos asked Mr. Sosa about the status of Ordinance No. 121 relative to pay -back to developers of subdivisions. Mr. Sosa responded that he is working with James Byers, Building Official, on either amending the ordinance or deleting that particular portion and that he hoped to place this on an agenda in the near future. DWN Minutes Continued, February 6, 1990 There being no further business, the meeting was adjourned by Mayor Homer E. Nagel and 3:37 p.m. on February 6, 1990. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 39 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 27, 1990 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on February 27, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Councilman Michael R. Bourque was absent. Mayor Nagel called for any corrections and /or additions to the written minutes of the February 6, 1990 meeting. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve the minutes of the February 6, 1990 meeting as written. All Voted Aye. D. E. Sosa, City Manager, stated that at the last meeting he informed the Council that Jefferson County asked the City of Nederland to provide fire protection for the proposed county jail. Mr. Sosa, upon advice from the City Attorney, placed this on the agenda. At this time the City Manager read the proposed agreement. After a full discussion, the City Manager was instructed to amend the agreement relative to the first respondent clause. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the proposed agreement between the City of Nederland and Jefferson County relative to fire protection for the proposed Jefferson County jail contingent upon amending the agreement relative to the first respondent. All Voted Aye. D. E. Sosa, City Manager, stated that, at the instruction of the City Council, he has amended Ordinance No. 121 relative to payback to developers for water and sewer lines. He reminded the Council that it was the consensus of the Members to delete this section of Ordinance No. 121 due to the fact that only Class "A" subdivisions are allowed in the City. He then stated that an amendment to this Ordinance is the most effective way to deal with the deletion of this section since it would leave the original ordinance in tact and will also enable this section to be put back into effect should the Council ever desire to do so. Mr. Sosa then read the amendment to Ordinance No. 121. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the Amendment to Ordinance No. 121 as read. All Voted Aye. D. E. Sosa, City Manager, stated that the Jefferson County Appraisal District is in the process of conducting fly -bys to assist them in updating their maps and is offering to the cities in Jefferson County orthophoto sheets of mylar film base and a photo mosaic of each cities city limits. The cost to the City of Nederland would be $814.00, which Stirling Copp, Director of Public Works, feels is a reasonable fee and is recommending purchasing these maps. W1 Minutes continued, February 27, 1990 A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize the City of Nederland to enter into an interlocal contract with the Jefferson County Appraisal District for the purpose of purchasing aerial photographic materials for the City of Nederland. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that approximately $110,000 was budgeted for maintenance of the Water Plant. Mr. Sosa stated that Dave Perrell of d.p. Consulting Engineers has completed the design work which is now before the State Health Department and he is recommending payment to d.p. Consulting Engineers in the amount of $1,844.91 for engineering services. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize payment in the amount of $1,844.91 to d.p. Consulting Engineers for engineering services relative to the Water Plant renovation. All Voted Aye. D. E. Sosa, City Manager, is recommending payment of Estimate No. 9 for Contract No. 2 (closure of landfill) to Excavators & Constructors in the amount of $32,205.29 which represents more clay cap for the landfill. Mr. Sosa stated that George Newsome, City of Groves, has approved all work completed to date. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve Estimate No. 9 for Contract No. 2 (closure of landfill) to Excavators & Constructors in the amount of $32,205.29. All Voted Aye. D. E. Sosa, City Manager, stated that the City's garbage bag supply needs to be replenished, therefore, he is asking permission to advertise for bids for 250,000 garbage bags. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to ' authorize the advertisement for bids to be received March 27, 1990 for 250,000 garbage bags. All Voted Aye. D. E. Sosa, City Manager, stated that the lease agreement between the City of Nederland and Pass Petroleum has expired and that he would like permission to write a letter notifying Pass Petroleum that the City of Nederland does not choose to renew the contract. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize the City Manager to terminate the contract between the City of Nederland and Pass Petroleum Industries. All Voted Aye. D. E. Sosa, City Manager, stated that the staff has been remiss for the past two or three years regarding a depository for city funds. He informed the Council that an agreement has been signed with N.C.N.B.- Nederland as depository, but after discussing it with the City Attorney and Mayor Nagel it was recommended that this be placed on the agenda. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to enter into an agreement with N.C.N.S.-Nederland as depository of City funds. All Voted Aye. Discussion items: 1. Councilman Doornbos stated that there is a blind corner at 23 Street and Helena Avenue. Minutes Continued, February 27, 1990 2. The City Manager informed the Council that the Nederland Heritage Festival Bicycle Race will be Saturday, March 10, and will be on the streets around the football stadium. The streets will not be completely closed during the race, one lane will remain open so that residents can get to their homes. 3. The City Manager reported that negotiations are being made between the State Highway Department, City of Port Arthur and City of Nederland relative to a traffic signal being erected at the intersection of South 21 Street and Highway 365. He! also stated that the Highway Department may ask WalMart and Pay Less Shoes to consider closing their entrances along Hwy. 365 nearest to the intersection to prevent traffic from entering and exiting directly across from Tara Lane on the Port Arthur side of Hwy. 365. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:25 p.m. on February 27, 1990. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 41 42 , a TO ORDINANCE NO. AN AMENDMENT TO ORDINANCE NO. 121 REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND SETTING STANDARDS FOR PLAT MAPS, STREETS, WATER AND SEWER DISPOSAL, IMPROVEMENTS AND ALL OTHER MATTERS PERTAINING TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: RULES FOR LAND SUBDIVISIONS This amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said ordinance deleting that part pertaining to entering into a contract with the developer to reimburse the developer for all expenditures made in laying water and sewer lines within that subdivision. PASSED AND APPROVED Y THE CITY COUNCIL of the City of Nederland, Te:.as this c7 day of L,z ^''� 1990. Homer E. Nagel, Mayor c City of Nederland, Texas ATTEST: iav",� v V Chris Serres, City Secretary City of Nederland, Texas APPRO TO ORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas COPI 1 43 ca - PMP-ML lmppnG smnaCEs Interlocal GovPr=rpnt Contract This agreement is made this 27 day of February 1990 between the Jefferson County Appraisal District (JCAD) and City of Nederland for aerial mapping services. Pursuant to the authority granted by the Texas Interlocal Cooperation Act, Article 4413 (32C) VATS, providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows:' The City of Nederland constitutes and appoints JCAD as its true and lawful agent for the acquisition of c,. --tain aerial mapping services described below and purchased pursuant to the agreement between JCAD and Merrick & Company, a copy of such agreement is attached hereto as Exhibit A and incorporated herein by reference. The City of Nederland agrees that JCAD shall be the exclusive agent for the acquisition of said aerial mapping services, hereafter referred to as "Services ". As such agent, JCAD is authorized to negotiate for and purchase those services as stated in Exhibit A, is authorized to amend or revise the ' provisions of Exhibit A as it deems necessary or advisable, save and except in regard to the description of services set forth below, and is authorized and directed to sign and deliver all contracts, amendments, request or other documents it deems necessary or advisable in the connection therewith, as agent for and on behalf of the City of Nederland. _(hie set (19 sheets) of 1" =200' orthophoto sheets of the couplets City Limits of Nederland will be provided. Each sheet will be on 24" x 36" mylarfilm base. The orthophoto sheet layout for Nederland is attached hereto as a part of Exhibit A. A photo mosaic will be produced for the same area. The mosaic will be of a size it can fit on an eight feet tall wall and the mosaic scale shall be such that one inch of map distance shall be rounded to the nearest 100 feet of ground distance. The City of Nederland agrees to.pay JCAD for the delivery of the above goods and services in the amount equal to the sum of the following: 14 - 1" = 200' orthophoto sheets at $21.00 each = $ 294.00 1 photo mosaic to fit on 8' tall wall = 520.00 Total $814.00 '44 Interloca1 Governmet-ital Contract City of Nederland Page 2 Any payments made by any party pursuant to the terms hereof shall be made from current revenues available to such paying party. This agreement shall take effect upon execution by the signatories. The agreement shall continue in effect from the date of execution until the delivery of and payment for the ccupletion of aerial mapping services. In witness whereof, the parties have caused this agreement to be executed by their authorized officers the day and year first above written. By S /HOMER E. NAGEL Its: Mayor By S /CHRIS SERRES Its: City Secretary By S /ALFRED Z. MCELROY Alfred Z. McElroy, Chairman Board of Directors By S /ROLAND R. BIEBER Roland R. Bieber, Chief Appraiser 1 1 1 [ UM Texas January 24, 1990 Mayor H. E. Nagel City of Nederland 1400 Boston Avenue Nederland, Texas 77827 Dear Mr. Nagel: 00O)A", , NCNB Texas National Bank is pleased to present the following proposal to provide services on the City's deposits: 1. All deposits exceeding $100,000 will be secured by U.S. Government Bonds, Federal Agencies, or Municipal Bonds to be held in a joint safekeeping account at the Federal Reserve Bank. The collateral value will equal or exceed 100% of the amount of the City's funds on deposit with the Bidder, provided that the deposits are received on or before 12:00 noon, less the amount of FDIC insurance applicable to the City. When calculating the amount of securities needed to secure City's funds, Bidder is allowed by law to use the FDIC Insurance, which would be a maximum of $300,000, as applicable ($100,000 for demand deposits; $100,000 for time deposits and a separate $100,000 for any interest and sinking funds). The City acknowledges and agrees that the Bidder retains the right at any time and from time to time to substitute other securities for pledged securities. In the interest of time, substitution will be complete upon receipt by the City of a telecopy of the receipt of the replacement securities with the original to follow by mail. This will allow for release of existing collateral on the day of substitution. 2. CD time deposit rates will be the asked discount rate on U.S. Treasury Bills as stated in the Wall Street Journal for the previous days comparable maturity date. 45 �oQ-A January 25, 1990 Page 2 Indication rates as of 1/24/89: 14 - 29 - 7.38 30 - 59 - 7.44 60 - 89 - 7.59 90 -149 . -- 7.63 150 -179 - 7.59 180 -lyr. - 7.56 Interest will be paid on an Actual /360 basis. 1 3. A related account analysis will be established on all accounts. The city will be given credit for funds maintained in the account(s) at the earnings credit rate based on the previous months 13 week T -bill average auction rate. The rate will be applied to the average daily collected balance reduced by reserve requirements. Any account deficiency not offset by compensating balances will be billed monthly. Services available to the City will include, but are not limited to, the services indicated in Addendum #1, the Cash Management Proposal and the Proforma Account Analysis. NCNB Texas National Bank agrees to offer any service not in effect or developed in the future to the City under mutually agreed upon terms. Any existing service present or future may be modified at anytime by mutual agreement. 4. NCNB Texas National Bank Public Fund transaction account ' rates are competitive and reflect current market conditions. The key index is the Fed Funds rate. The rates are reviewed on a weekly basis, thus allowing for daily /weekly rate fluctuations. This rate is different from the regular NCNB Texas Money Market Savings and Checking rates.. (See below list of comparative rates). Because of their nature, public entities typically maintain relatively high transaction account balances. Therefore, this rate is specifically designed to enable them to obtain an equitable return on funds held in these transaction accounts. Interest will compound on a monthly basis and is paid on the average daily collected balance. A minimum balance required in each account is $1,000.00. Demand Deposits (non- interest bearing) are available. Current rates as of 1/18/90: PUBLIC FUND MONEY MARKET CHECKING 5.30 PUBLIC FUND MONEY MARKET SAVINGS 6.15 INDIVIDUAL /COMMERCIAL MONEY MARKET CHECKING 4.90 INDIVIDUAL /COMMERCIAL MONEY MARKET SAVINGS 5.25 January 25, 1990 Page 3 5. The bank will provide short -term loans, subject to normal credit approval, at NCNB Texas National Prime Rate floating. 6. The City may purchase printed checks and deposit slips from an outside vendor if they meet bank requirements. 7. The Bank agrees to provide free of charge to the city: a. Cashiers Checks b. Safety Deposit Box 8. This bid as depository for the funds of the City of Nederland, Texas, begins January 1, 1990, and ends December 31, 1990. We appreciate the fine working relationship that we have had with the City and look forward to servicing the account in the future should the Board accept our proposal. / m ess d er Preside t ' NCNB T as National Bank - Nederland Accepted by: e: 2438N/js Attachment 0,� 471 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 13, 1990 The meeting was called to order by Mayor Homer E. Nagel at 3:00 p.m. on March 13, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Billy W. Doornbos and Councilman Michael R. Bourque. Mayor Nagel announced that before beginning the meeting, Councilman Bourque had an announcement. Councilman Bourque announced that as of March 13, 1990 he was resigning his seat as City of Nederland Councilman, Ward II, due to relocating his residence outside the city limits of Nederland. Councilman Bourque then thanked the Mayor, Council members and city staff for the support bestowed upon him during the past five years. Mayor Nagel commended Councilman Bourque for his service to the City oi'. Nederland. Councilman Bourque then submitted the name of Glenn Sibley for consideration as his replacement. Mayor Nagel thanked Councilman Bourque for his consideration in nominating Mr.. Sibley and stated that Mr. Sibley would be considered along with any other nominees. A motion was made by Mayor Nagel and seconded by Councilman LeBlanc to accept Councilman Bourque's resignation to be effective immediately. All Voted Aye. Mayor Nagel called for any corrections and /or additions to the written minutes of the February 27, 1990. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to approve the minutes of the February 27, 1990 meeting as written. All Voted Aye, D. E. Sosa, City Manager, stated that the staff is recommending that the City accept a donation of property, legally known as Lots 1, 2 and West 2' of 3, Block 3, J. B. Cooke Addition, from the Nederland Heritage Festival Foundation to be used as a city park. He then added that the City Attorney reviewed the Warranty Deed submitted by the Foundation and reported that everything is in order. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to accept the donation of property located at 1523 Boston Avenue from the Nederland Heritage Festival Foundation for use as a city park. All Voted Aye. D. E. Sosa, City Manager, stated that d.p. Consulting Engineers has submitted a bill in the amount of $3,631.69 for engineering services rendered in connection with the Water Plant renovation and is recommending payment. M Minutes continued, March 13, 1990 A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve payment to d.p. Consulting Engineers in the amount of $3,631.69 for engineering services relative to the Water Plant renovations. All Voted Aye. D. E. Sosa, City Manager, stated that Item #5, payment of utilities for baseball and softball leagues, is the same as previous years and is recommending approval. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to authorize payment of utilities, not to exceed $2,000.00 each, for Mid - County Babe Ruth and Senior Babe Ruth Leagues, Nederland South Little League and Girls' Softball League. All Voted Aye. D. E. Sosa, City Manager, stated that once again the YMCA is requesting that the City waive the rental fees of the swimming pool for the purpose of conducting their swimming lessons. Mr. Sosa also stated that as an act of appreciation the YMCA has offered City of Nederland employees use of their facilities without charge. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the waiving of the pool rental fee for YMCA swimming lessons for the summer of 1990. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of monthly bills as presented by Chris Serres, City Treasurer. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize payment of the bills for the month of February, 1990. All Voted Aye. ' Discussion items: 1. Councilman LeBlanc commended the Police Department on their annual report. 2. Mr. Sosa reported that at the Mid County Municipal League meeting a discussion was held relative to the possibility of Nederland, Port Neches, and Groves joining together to purchase an incinerator to dispose of dead animals. He stated that the cost of an incinerator is approximately $17,000 to $20,000. Mr. Sosa also stated that a discussion was held relative to the location and that the City of Groves' Sewer Plant or the City of Port Neches' animal shelter were two possible locations. 3. Mr. Sosa reported that at the same meeting a discussion was held on the issue of Union Oil offering their water plant to the City of Nederland. He stated that Port Neches was not interested in entering into this as a joint venture. Mr. Sosa has asked Dave Perrell to make some initial determinations regarding this plant and the feasibility of the City of Nederland incorporating the water plant into our system. 4. Mr. Sosa also reported that a discussion was held relative to a contingency fund for the closure of the landfill. It was decided that a contingency of $250,000 would be a reasonable amount to cover any cost overruns, therefore, eliminating any need for further surcharges in the future. Since the City of Groves and the City of Nederland are the only cities currently assessing a surcharge it was the consensus that they drop the surcharge at the same time, and in order to insure a $250,000 fund balance the surcharge cannot be dropped until the end of May, 1990. The City of Port Neches would pay their share through tax revenues. Minutes continued, March 13, 1990 There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 3:55 p.m. on March 13, 1990. Homer E. Nagel, May City of Nederland, Texas ATTEST: (�� LMUI-111 Chris Serr , City Secretary City of Nederland, Texas �1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 27, 1990 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on March 27, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc and Councilman Billy W. Doornbos. Mayor Nagel called for any corrections and /or additions to the written minutes of the March 13, 1990 meeting. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the March 13, 1990 meeting as written. All Voted Aye. Mayor Nagel stated that Item #3, accept resignation of Councilman Bourque, was acted upon at the March 13, 1990 meeting but was not an agenda item at that time. In order for the resignation to be officially accepted it was placed on this agenda. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to accept the resignation of Councilman Michael R. Bourque submitted March 13, 1990. All Voted Aye. The regular meeting was recessed at 6:33 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor Nagel at 6:50 p.m. Mayor Nagel informed everyone present that the Executive Session was held for the purpose of discussing the appointment of a Councilman to fill the vacated seat in Ward III. He then stated that six names were submitted with three persons withdrawing their names from consideration at the onset. He then announced that all the remaining three persons were equally qualified and that after considerable discussion it is the Council's decision to appoint Mr. Ceyril Paulus as Councilman Ward III. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to appoint W. Ceyril Paulus to fill the unexpired term of councilman Ward III. All Voted Aye. Chris Serres, City Secretary, administered the Oath of Office to W. Ceyril Paulus, Councilamn Ward III. Mayor Nagel stated that Mr. Paulus and his wife, Beverly, reside at 912 South 29 Street and that he was born in Nederland and is employed as a maintenance supervisor at Sun Marine Terminals. Mayor Nagel then called for any questions and /or comments. Councilman Doornbos stated that had Mr. Bourque resigned a few months earlier the vacancy could have been placed on the ballot for the May 5 election. There being no questions and /or comments Mayor Nagel then explained the procedure of the council meetings to Councilman Paulus. 51 Minutes continued, March 27, 1990 D. E. Sosa, City Manager, stated that the staff was approached some time ago regarding an alley that runs between a City owned park and two individual properties. Mr. Sosa also stated that when there are no utilities in an alley the City has no objections to closing an alley and deeding half of it to the property owners. Mr. Sosa then added that all studies have been made and is the staff's recommendation to close this alley located parallel to Boston Avenue between 9th and 10th Streets. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to approve Ordinance No. 400, closing a 20' alley running parallel to Boston Avenue between 9th and 10th Streets. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to amend the original motion made by Councilman Sawyer to include approving a quitclaim deed releasing same. All Voted Aye. D. E. Sosa, City Manager, stated that the Police Department has asked for permission to apply to the Governor's office, Criminal Justice Division, for a grant to obtain funds to purchase computer hardware and software to develop a law enforcement information system. Mr. Sosa added that it is a matching fund grant and the City would have to pledge $18,997. The City Manager stated that he is recommending approval of Resolution 1990 -1. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve Resolution 1990 -1 which authorizes Council approval for a grant application by the Police Department for the acquisition of a computer system and software. All Voted Aye. ' D. E. Sosa, City Manager, stated that Item #6, advertisement for bids for 200 90- gallon garbage containers, is a budgeted item in the Public Works Department. Mr. Sosa added that most of the 90 gallon containers are approximately seven years old and he is recommending approval. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize advertisement of bids to be received April 24, 1990 for 200 90- gallon garbage containers. All Voted Aye. Mayor Nagel opened and read bids received for 250,000 plastic garbage bags. The bidders were as follows: Arrow Industries, Dallas, TX - $58.20; Arrow Industries, Alternate bid - $77.60; Sanitary Supply, Beaumont, TX - $71.06; Sanitary Supply, Alternate bid - $93.58; Bemis, Terre Haute, IN - $62.49; Bemis, Alternate bid - $74.33; and Sunbelt, Monroe, LA - $56.39; Sunbelt - Alternate bid - $75.18. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to refer bids for 250,000 plastic garbage bags to the staff for tabulation and recommendation to be made at the April 10, 1990 meeting. All Voted Aye. Discussion items: 1. Councilman Sawyer reported that limbs are breaking on trees in the neighborhood park at the corner of 9th Street and Boston Avenue. He also added there is a similar problem in the parking lot of the Senior Citizen Center. Minutes continued, March 27, 1990 4. Councilman LeBlanc reported that the manhole near Chicago at Hwy. 347 is in need of repair. Mr. Sosa stated the Highway Department will be notified. 5. Councilman Doornbos commented that the grant application for Doornbos Park is progressing well and we should be notified by August if we will be approved. 6. Councilman Doornbos stated that the "No Parking" sign needs to be replaced at Helena Avenue and South 23 Street. 7. Mr. Sosa informed the Council. that the City has received a 30 -day notice that the park property on Helena Avenue at 30th Street has been sold and we are in the process of removing the playground equipment. Mr. Sosa added that this equipment will be placed in other City parks. 8. Councilman LeBlanc commended the City staff for their involvement in this year's Nederland Heritage Festival. ' 9. Mr. Sosa informed the Council that the City has been experiencing delays in the trash pickup due to many citizens cutting trees and having to go to Beaumont to unload. He added that he will be authorizing overtime in the Street Department to help alleviate the problem. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:30 p.m. on March 27, 1990. ATTEST: Chris Serres; City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 531 2. Councilman Sawyer reported that there is a dilapidated home on the corner of Helena Avenue and 10th Street which is a hazard. Mr Sosa informed Councilman Sawyer that the City will send the property owner a notice giving them a time period to complete their demolition. 3. Councilman LeBlanc stated that there is a high weed problem at the corner of 10th Street at Atlanta. 4. Councilman LeBlanc reported that the manhole near Chicago at Hwy. 347 is in need of repair. Mr. Sosa stated the Highway Department will be notified. 5. Councilman Doornbos commented that the grant application for Doornbos Park is progressing well and we should be notified by August if we will be approved. 6. Councilman Doornbos stated that the "No Parking" sign needs to be replaced at Helena Avenue and South 23 Street. 7. Mr. Sosa informed the Council. that the City has received a 30 -day notice that the park property on Helena Avenue at 30th Street has been sold and we are in the process of removing the playground equipment. Mr. Sosa added that this equipment will be placed in other City parks. 8. Councilman LeBlanc commended the City staff for their involvement in this year's Nederland Heritage Festival. ' 9. Mr. Sosa informed the Council that the City has been experiencing delays in the trash pickup due to many citizens cutting trees and having to go to Beaumont to unload. He added that he will be authorizing overtime in the Street Department to help alleviate the problem. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 7:30 p.m. on March 27, 1990. ATTEST: Chris Serres; City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 531 5Z1 la 0 I CITY OF NEDERLAND "':IDINANCE NO. 400 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, MARK BROUSSARD, ET UX, and ALVIA D. SIMS 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 I: - 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: That alley that extends along the Northerly most boundary of Lots 1 and 6 in Block 20, Nederland Townsite and extends from 9th Street to 10th Street in the City of Nederland, Jefferson County, Texas. 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. 1 1 551 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, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Nederland on J,"_ 90 ��� HOMER NAGEL, MAYOR The City of Nederland ATTEST: Chris Serres City Secretary This Ordinance, including all tr}e rovisio thereof, is hereby approved as to form and le /g li W. EVERETT SANDERSON City Attorney CITY OF NEDERLAND RESOLUTION NO. 1990 -1 WHEREAS, the Governor's Office, Criminal Justice Division, has made available to local. law enforcement agencies monies for the acquisition of computer hardware and software, and; WHEREAS, the City of Nederland Police Department has applied, through a grant, for such monies to develop a law enforce- ment information system, and; WHEREAS, the City of Nederland must pledge $18,997 in local matching funds. THEREFORE, be it resolved by the City Council of the City of Nederland that a sum of $18,997 in local matching funds is pledged toward the procurement of this system, and; FURTHERMORE, the City Council authorizes the expenditure of these monies should the Nederland Police Department be selected as a grant recipient. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this the 27th day of march , A.D., 1990. Homer E. Nagel, e ' y , Ma •r City of Nederland, Texas ATTEST: Chris Serfes, City Secretary City of Nederland, Texas APPR AS TO FORM AND LEGALITY: 77v"� W. E. Sanderson, City Attorney City of Nederland, Texas 57 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ;6:30 P.M. April 10, 1990 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on April 10, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Billy W. Doornbos and Councilman W. Ceyril Paulus. Mayor Nagel called for any corrections and /or additions to the written minutes of the March 27, 1990 meeting. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the March 27, 1990 meeting as written. All Voted Aye. D. E. Sosa, City Manager, stated that Chris Serres, City Treasurer, tabulated the bids received for 250,000 plastic garbage bags and in the process discovered that Houston - Galveston Area Council can supply the City of Nederland with 1.5 mil garbage bags for $55.56 per M, which is approximately .83C less than the lowest bidder. Mr. Sosa added that he discussed the possibility of rejecting all bids received with the City Attorney and he stated there would be no problem. The City Manager is recommending rejecting all bids received and enter into an agreement with Houston - Galveston Area Council to purchase plastic garbage bags. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to reject all bids received for 250,000 garbage bags. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve entering into an interlocal agreement with the Houston - Galveston Area Council for the purpose of purchasing 250,000 garbage bags at a price of $55.56 per thousand. All Voted Aye. D. E. Sosa, City Manager, stated that the purpose for accepting bids for one new fire truck and for the restoration of our 1969 fire truck is that we will be able to compare the most feasible option for the City. He added that the staff is recommending presenting both options to the Council for their comparison as to cost and usefulness of the equipment. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize the advertisement for bids to be received until 3:00 p.m., May 8, 1990 for one new fire truck and also advertise for bids to be received at the same meeting for the restoration of a 1969 fire truck. All Voted Aye. D. E. Sosa, City Manager, stated that Item #6, payment to d.p. Consulting Engineers for engineering services on the water plant renovations, is the third and final invoice of this phase. Mr. Sosa is recommending payment in the amount of $2,277.25 A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize payment in the amount of $2,277.25 to d.p. Consulting Engineers for engineering services relative to the Water Plant renovations. All Voted Aye. b Z5 Minutes continued, April 10, 1990 D. E. Sosa, City Manager, stated that Estimate No. 10 in the amount of $45,365.41 to Excavators and Constructors is for work completed since the last estimate. Mr. Sosa then added that Change Order No. 3 in the amount of $2,132.00 for Contract No. 2 to Excavators and Constructors was due to their bond being increased because of the $130,000 cost overrun. The City Manager is recommending payment of both amounts to Excavators and Constructors. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment in the amount of $45,365.41 and Change Order No. 3 in the amount of $2,132.00 for Contract #2 (closure of the landfill) to Excavators and Constructors. All Voted Aye. Mayor Nagel then informed the Council that Agenda Item #8, request for authorization to make changes in the present Water and Sewer Agreement between the City of Nederland and Jefferson County, was placed on the agenda after a request was received by an individual to be added to the system. He then gave a brief overview of the contract stating that approximately 11 years ago the City of Nederland entered into an agreement with Jefferson County for water and sewer services for the airport whereas the City would maintain certain portions of the system for a fee of $250 per month to be paid by the County for these services. He went on to explain that before the system could be implemented, the City Manager at that time, Bob Henson, was killed in an accident and the Airport changed managers. These two incidents left both parties at a disadvantage relative to upholding their part of the agreement. Mayor Nagel then stated that he felt no changes should be made in the agreement as it is a well written agreement which protects both parties, but that both parties should begin upholding their part of this agreement. He then added that any other request to be added to this system should be directed to the County. , Councilman Doornbos concurred with Mayor Nagel in that he felt the agreement should either be maintained as written or, if the City were to allow other parties to tie into this system, then the City should be responsible without assistance from Jefferson County. Dave Perrell, d.p. Consulting Engineers, stated that the system was designed to accommodate all the extraterritorial jurisdiction customers and at this time there are only two additional customers requesting to be placed on the system. After a full discussion, a motion was made by Councilman LeBlanc and seconded by Mayor Nagel to maintain the Water and Sewer agreement between the City of Nederland and Jefferson County as written. All Voted Aye. D. E. Sosa, City Manager, stated that Item #9, authorization for Jerry McNeill to attend the National Hurricane Conference in Houston, is a budgeted item and he is recommending approval. A motion was made by Mayor Nagel and seconded by Councilman Paulus to authorize Jerry McNeill, Civil Defense Director, to attend the National Hurricane Conference April 18 -20, 1990 in Houston, Texas. All Voted Aye. Mayor Nagel called for any questions and /or comments regarding the list of monthly bills as presented by Chris Serres, City Treasurer. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment of the bills for the month of March, 1990. All Voted Aye. Minutes continued, April 10, 1990 Discussion items: 1. Mr. David Jones, Novrozsky's, spoke to the Council relative to the beer /wine on- premises consumption license issued to the restaurant in December. Mr. Jones stated that he sold the business last year and has recently regained ownership. His question to the Council was if the permit would still be valid. Mayor Nagel responded that there is an ordinance governing the on- premise consumption permits and that it was his opinion that the permit was issued to the previous owner. Mayor Nagel instructed the City Manager to contact the City Attorney for his opinion of the situation. 2. Mayor Nagel stated that Luet:ta Powell, Election Judge, contacted Chris Serres with regrets that she would not be able to fulfill her obligation during this year's election due to illness in the family. The alternate judge will preside in Mrs. Powell's place. 3. Councilman Paulus reported two blind corners, one at the corner of South 23 Street @ Avenue H and the other at South 17 Street @ Avenue H. 4. Councilman LeBlanc reported :Limbs on the power line on 15 Street between Detroit and Elgin. 5. Mr. Sosa stated there are approximately 12 -15 areas with sewer problems located on City and Drainage District No. 7 property that are in need of repair. It is his desire to complete these repairs in phases. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 4:15 p.m. on April 10, 1990. r Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: &� jlot� Chris Serres, City Secretary City of Nederland, Texas 1 L�� 591 b COPY HOUSTON- GALVESTON AREA CO UNCIL �- INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ( "Agreement "), made and entered into pursuant to the Interlocal Cooperation Act (Article 4413(32c) V.T.C.S.) by and between the Houston- Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027 and City of Nederland hereinafter referred to as the government its principal p ace o business at 1400 Boston Avenue, Nederland, Tx WITNESSETH: WHEREAS, H -GAC is a regional planning commission created under Acts of the 99th Legislature, Regular Session, 1965, recodified as Chapter 391 Texas Local Government Code; and WHEREAS, H -GAC has entered into an agreement with the local government on the 10 day of April , 1990 and WHEREAS, the local government desires to purchase certain governmental administrative functions, goods or services; and WHEREAS, H -GAC hereby agrees to perform the scope of services outlined in Article 5 as hereinafter specified in accordance with the Agreement, and NOW, THEREFORE, H -GAC and the local government do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The local government warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. The local government's governing body has authorized the signatory official(s) to enter into this Agreement and bind the local government to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2 APPLICABLE LAWS ' H -GAC and the local government agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3 WHOLE AGREEMENT The Interlocal Agreement and Attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersedes any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 4 PERFORMANCE PER The period of this Interlocal Agreement shall be for the (balance of) fiscal year of the total government which begins October 1 , 19 89and ends September 30 1990. This contract shall thereafter automatically a renewe annual Ty for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the local government may make any payment due H -GAC beyond the fiscal year in which such obligation was incurred under this Agreement. H -GAC or the local government may cancel this Agreement at any time upon 30 days written notice to the other party to this Agreement. The obligations of the local government, including its obligation to pay H -GAC for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the local government. ARTICLE 5 SCOPE OF SERVICES The local government appoints H -GAC its true and lawful purchasing agent for the purchase of certain materials and services through the Council's Cooperative Purchasing Program, as enumerated through the submission of a duly executed purchase order, order form or resolution. All material purchased hereunder shall be in accordance with specifications established by H -GAC. 1/12/90 - -385F COPY 6 The materials and services shall be procured in accordance with procedures governing competitive bidding by H -GAC; and at the unit prices and administrative fee as indicated in the current H -GAC Order Form and Price Lists. Ownership (title) of material purchased shall transfer directly from the vendor to the local government. The local government agrees to provide H -GAC with documentation of receipt and acceptance of material within five (5) days of acceptance of same. ARTICLE 6 PAYMENTS The local government agrees that, upon the presentation by H -GAC of a properly documented, verified proof of performance and a statement of costs H -GAL has incurred in accordance with the terms of this Agreement, it shall pay H -GAC, from current revenues available to the local government during the current fiscal year, on or before the date of the delivery of materials and services to be provided under this agreement. ARTICLE 7 CHANGES AND AMENOMEN Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. H -GAC may, from time to time, require changes in the scope of the services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8 TERMINATION PROCEDURES Either H -GAC or the local government may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. In the event of such termination ' prior to completion of any purchase provided for herein, the local government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance with the terms of this Agreement, including penalties, less payment of any compensation previously paid. ARTICLE 9 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or througn strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, judgement, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11 VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. This instrument, in duplicate originals, has been executed by the parties hereto as follows: City of Nederland HOUSTON- �CALVESTON AREA - COUNCIL aca vernment i i By % / N/ ' —14 � /- Date Y/� r� a oo ra a Purchasfng BY ' DATE 1 Cf� B Date icia E ecu ive Tirector 1/12/90 - -385F Z x REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 24, 1990 The meeting was called to order by Mayor Homer E. Nagel at 6:30 p.m. on April 24, 1990. Members present were Mayor Homer E. Nagel, Councilman Robert D. Sawyer, Councilman Carl N. "Cropo" LeBlanc, Councilman Billy W. Doornbos and Councilman W. Ceyril Paulus. Mayor Nagel called for any corrections and /or additions to the written minutes of the April 10, 1990 meeting. A motion was made by Councilman LeBlanc and seconded by Councilman Doornbos to approve the minutes of the April 10, 1990 meeting as written. All Voted Aye. Mayor Nagel read a proclamation declaring April 22 -27, 1990 as "National Volunteer Week" in Nederland. He then added that the proclamation would not be presented at this time but would be presented it at a picnic given by Mid - Jefferson Hospital for their Auxiliary to be held at Doornbos Park on Thursday, April 26, 1990. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve the Proclamation declaring April 22 -27, 1990 as "National Volunteer Week" ' in Nederland. All Voted Aye. Mayor Nagel presented a proclamation declaring May 6 -12, 1990 as "National Hospital Week" in Nederland to Mr. John Grossmeier of Mid - Jefferson Hospital. Mr. John Grossmeier thanked the Council, on behalf of all the staff members of the hospital, for their consideration in approving this proclamation declaring May 6 -12 "National Hospital Week ". A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the Proclamation declaring May 6 -12, 1990 as "Mid- Jefferson Hospital Week" in Nederland. All Voted Aye. D. E. Sosa, City Manager, stated that a number of bids were received for residential garbage containers and due to the fact that Stirling Copp, Director of Public Works, was unable to attend the meeting he would like to recommend that all bids be referred to the staff for tabulation with a recommendation to be made at the next Council meeting. Mr. Sosa then opened and read all bids received for the garbage containers. Bidders were as follows: Industrial Equipment & Repair Company, Houston, TX - $64.95 /each; Roto Injection Products, Anaheim, CA - $67.15 /each; Grief Brothers Corporation, Hebron, OH - $44.00 /each; Kirk Manufacturing, Houma, LA - $49.21 /each; TMI Equipment, Houston, TX - $63.00 /each; Southwestern Equipment Company, Dallas, TX - $59.29 /each; Toter, Inc., Statesville, NC - $54.50 /each; and, Reuter, Inc., Hopkins, MN - $58.50 /each. 631 Minutes continued, April 24, 1990 Mr. Sosa then added that Item #6 is the recommendation of the Planning and Zoning Commission to approve the preliminary and final plans for Patio Villa Subdivision, which is an 18 lot subdivision located in the 500 block of Nederland Avenue. He then added that also included in this agenda item is the Planning and Zoning Commission's recommendation to approve the request to extend the maximum length of a dead end street from 660 feet to 955 feet. James Byers, Building Official, presented the preliminary and final plans for Patio Villa for the Council's inspection. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plans for Patio Villa Subdivision located in the 500 block of Nederland Avenue and to authorize a variance to extend the maximum length of the dead end street from 660 feet to 955 feet. All Voted Aye. D. E. Sosa, City Manager, stated that Item #7, approval of the preliminary plans of Spurlock Chase Subdivision, is located at the corner of Spurlock Road and 18th Street which is outside the city limits of Nederland but located within the extraterritorial jurisdiction. James Byers, Building Official, presented the preliminary plans of Spurlock Chase for the Council's inspection. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to approve the preliminary plans of Spurlock Chase, Phase 1, located at Spurlock Road and 18th Street (outside city limits). All Voted Aye. James Byers, Building Official, presented preliminary and final plans for Forest Central One, Phase 6, which is lccated off of Price Street outside the city limits of Nederland but within the extraterritorial jurisdiction. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to accept the Planning and Zoning commission's recommendation to approve the preliminary and final plans of Forest Central One, Phase 6 (Price Street, outside city limits). All Voted Aye. D. E. Sosa, City Manager, stated the Planning and Zoning Commission is recommending approval of an Amendment to Ordinance No. 121 which allows for zero lot line. Mr. Sosa explained that this amendment would allow smaller tracts of land in Nederland to be developed. Councilman Doornbos commented that the subdivision in the next agenda item had only a 40 foot right -of -way and the Amendment to Ordinance No. 121 calls for a 60 foot right -of -way. He then asked if the amendment needed to be changed to accommodate the subdivision. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to refer bids received for 200 - 90 gallon garbage containers to the staff for tabulation and recommendation to be made at the May 8, 1990 meeting. All Voted Aye. In an effort to inform all persons present of the actions taken by the Planning and Zoning Commission relative to various agenda items, D. E. Sosa, City Manager, read the minutes of the Planning and Zoning Commission Meeting held April 23, 1990. Mr. Sosa then added that Item #6 is the recommendation of the Planning and Zoning Commission to approve the preliminary and final plans for Patio Villa Subdivision, which is an 18 lot subdivision located in the 500 block of Nederland Avenue. He then added that also included in this agenda item is the Planning and Zoning Commission's recommendation to approve the request to extend the maximum length of a dead end street from 660 feet to 955 feet. James Byers, Building Official, presented the preliminary and final plans for Patio Villa for the Council's inspection. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plans for Patio Villa Subdivision located in the 500 block of Nederland Avenue and to authorize a variance to extend the maximum length of the dead end street from 660 feet to 955 feet. All Voted Aye. D. E. Sosa, City Manager, stated that Item #7, approval of the preliminary plans of Spurlock Chase Subdivision, is located at the corner of Spurlock Road and 18th Street which is outside the city limits of Nederland but located within the extraterritorial jurisdiction. James Byers, Building Official, presented the preliminary plans of Spurlock Chase for the Council's inspection. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to accept the Planning and Zoning Commission's recommendation to approve the preliminary plans of Spurlock Chase, Phase 1, located at Spurlock Road and 18th Street (outside city limits). All Voted Aye. James Byers, Building Official, presented preliminary and final plans for Forest Central One, Phase 6, which is lccated off of Price Street outside the city limits of Nederland but within the extraterritorial jurisdiction. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to accept the Planning and Zoning commission's recommendation to approve the preliminary and final plans of Forest Central One, Phase 6 (Price Street, outside city limits). All Voted Aye. D. E. Sosa, City Manager, stated the Planning and Zoning Commission is recommending approval of an Amendment to Ordinance No. 121 which allows for zero lot line. Mr. Sosa explained that this amendment would allow smaller tracts of land in Nederland to be developed. Councilman Doornbos commented that the subdivision in the next agenda item had only a 40 foot right -of -way and the Amendment to Ordinance No. 121 calls for a 60 foot right -of -way. He then asked if the amendment needed to be changed to accommodate the subdivision. Minutes continued, April 24, 1990 Mayor Nagel responded that the Council would address the right -of -way situation and discuss a variance during the discussion of Item #10. A motion was made by Councilman LeBlanc and seconded by Mayor Nagel to approve the Planning and Zoning Commission's recommendation to approve an Amendment to Ordinance No. 121 providing rules and specifications for planned development projects (zero lot lines). All Voted Aye. D. E. Sosa, City Manager, stated that Item #10, approval of the preliminary and final plans for Madison Place Subdivision, is a zero lot line subdivision which would be governed by the Amendment to Ordinance No. 121 approved in Item #9. Mr. Sosa added that the Planning and Zoning Commission is recommending approval of Madison Place. After the Council reviewed the plans for Madison Place Mayor Nagel recommended granting two variances to Ordinance No. 121. The first variance would allow the side building zone for corner lots to be 5' instead of the 10' required by Ordinance No. 121. The second variance would allow the right -of -way to be 40' with a 10' easement on each side of the street instead of the 60' right -of -way required by the same ordinance. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to accept the Planning and Zoning Commission's recommendation to approve Madison Place and to authorize two variances to an Amendment to Ordinance No. 121, the first to allow the side building zone for corner lots to be 5' and the second to allow for a right -of -way of 40'. All Voted Aye. D. E. Sosa, City Manager, stated that Item #11, setting Council meeting dates, ' is a housekeeping item. Mr. Sosa added that he received a request from Councilman LeBlanc this morning relative to changing the first meeting of the month to Monday afternoons instead of Tuesdays. Councilman LeBlanc stated that he would like to see the first meeting of the month changed to Mondays beginning with the June 12 meeting. He added that he had discussed it with all the Councilmembers, City Manager and some of the City staff and there were no objections. Councilman LeBlanc suggested having the first meeting of the month on Mondays and leaving the last meeting of the month on Tuesdays. Mayor Nagel then suggested that for simplicity reasons, both meetings should be changed to Mondays. After a full discussion, Mayor Nagel read the Amendment to Ordinance No. 164. A motion was made by Mayor Nagel and seconded by Councilman Doornbos to approve the Amendment to Ordinance No. 164 setting dates for regular Council meetings to be held from April 24, 1990 to April 22, 1991, moving all meetings to Mondays, with the exception of the May S, 1990 meeting and adding August 27, 1990 to the Amendment. All Voted Aye. D. E. Sosa, City Manager, stated that he is recommending payment to John Bankston Construction in the amount of $21,249.07 for water and sewer facilities ir.. Christina Court, Section Four. Mr. Sosa added that this is payback to the developer under Ordinance No. 121. Minutes continued, April 24, 1990 A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to authorize payment of Estimate No. 1 in the amount of $21,249.07 to John Bankston Construction for construction of water and sewer facilities for Christina Court, Section Four. All Voted Aye. D. E. Sosa, City Manager, stated that he is recommending payment to d.p. Consulting Engineers in the amount of $105.00 for services in connection with the wastewater system. Mr. Sosa added the billing date is December 16 through January 15 for engineering services provided in conjunction with Jones and Neuse. A motion was made by Councilman Sawyer and seconded by Councilman LeBlanc to authorize payment to d.p. Consulting Engineers in the amount of $105.00 for services in connection with the wastewater system. All Voted Aye. Discussion items: 1. Councilman Paulus commended the City Manager and staff on their promptness in responding to the blind corners he had mentioned during the last meeting. 2. Councilman Doornbos asked about the 1990 Street Program. Mr. Sosa responded that the program will be placed on the agenda sometime during the month of May. 3. D. E. Sosa stated that Councilman Doornbos had asked him to contact a few property owners in the Helena Park area about the possibility of relocating a small neighborhood park in that section of town due to the Helena Avenue park property being sold. Mr. Sosa has had a response from Wesley United Methodist Church and they are willing to meet with the City Manager to discuss the possibility of providing church property for the location of a neighborhood park. He will report back to the Council with an update. 4. D. E. Sosa informed the Council that he has been receiving many complaints regarding abandoned homes in Nederland. He requested permission to notify the property owners that they were in violation of Ordinance No. 137, giving them the option to take care of the matter themselves or action will be taken by the City. The City Council instructed Mr. Sosa to handle each complaint on an individual basis. S. Councilman Doornbos stated that he had talked to Mr. Johnny Shaw relative to the relocation of the Helena Avenue Park. Mr. Shaw informed Councilman Doornbos that he owns approximately 1 acre of land adjacent to Wesley United Methodist Church and would be willing to discuss the possibility of placing a city park on this property. There being no further business, the meeting was adjourned by Mayor Homer E. Nagel at 8:08 p.m. on April 24, 1990. Homer E. Nagel, May AT /T //'EST% /� 9 City of Nederland, Texas Chris Serres,'City Secretary City of Nederland, Texas i f��illre at toe A -Hauvr v' 1 1q 1 r e> J, Home& E. Naget , IV virtue of the autliorily vealect in sne aj Mayor of the City of /lederland, texas, do Ilcereby cGCQ� Proclaim Apnea 22 -27, 1990 ,43 "National Votuntee& Week" iin�� the ( ily of Yleclerlana, _Jexad, and urge each and ever CC t" itizen of our I � ity to &eeogwize thoae votu.nteeu and vo.tu.nteeA o&gani.zationa bo& thekA eontAibuti.ona to .indiv.iduatb and the,iA community and, zpec i 6icatt.y, the Mid- Je66euon Aux itiaAy who, .tart yea& atone, contJubuted .oven 21,000 howce p&ov.idi.ng a veAy apec.iat touch to oun own community. A _91i testimony whereof witnebb my hand anal Seal n nn n . this the 20th J.V of nacyor ICJ /� c y o e er an � exa3 C,ily Secretary 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, May 6 -12, 1990 has been designated "National Hospital Week" by the American Hospital Association; and WHEREAS, the theme for the National Hospital Week celebration is "Count on Us to Care "; and WHEREAS, the citizens of Nederland, Texas pay tribute to the staff of Mid - Jefferson Hospital for its many contributions of care, programs, and services to our community; THEREFORE, let it be known that I, Homer E. Nagel, Mayor of the City of Nederland, Texas, do hereby proclaim May 6 -12, 1990 as "National Hospital Week" and do hereby urge all citizens of the City of Nederland to participate in Mid - Jefferson Hospital's celebration. IN TESTIMONY WHEREOF, 'witness my hand and Seal of the City of Nederland this the 24th day of April, 1990, A.D. ATTEST: �L� " Chris Serres, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor_ City of Nederland, Texas CC'�p� 671 �a AN AMENDMENT TO ORDINANCE NO. 121 Q AN AMENDMENT TO ORDINANCE NO. 121 REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS AND SETTING STANDARDS FOR PLAT MAPS, STREETS, WATER AND SEWER DISPOSAL, IMPROVEMENTS AND ALL OTHER MATTERS PERTAINING CG�9 TO THE DEVELOPMENT OF LAND, PLANNED DEVELOPMENT PROJECTS AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: RULES FOR LAND SUBDIVISION This amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said ordinance covering the restriction of Planned Development Projects. 1. GENERAL: A. Any person wishing to develop a zero lot line project shall comply with the requirements as set forth in Ordinance No. 121 and this section in preparing the plat, plans and specifications for the project. All other requirements pertaining to concrete paving, drainage systems, water lines, sanitary sewer lines and street lighting shall conform to the ' requirements as set forth in Ordinance No. 121. B. Access: 1. All projects shall have direct access from at least one improved, dedicated street accepted by the City. 2. All lots shall immediately abut and have direct access to an access street, an interior street or an alley. 3. Interior streets shall meet one of the following: a. Minimum right -of -way width of sixty (60) feet and a minimum twenty -seven (27) foot wide concrete pavement with no parking on street. b. Minimum right -of -way width of sixty (60) feet and a minimum thirty -two (32) foot wide concrete pavement with parking permitted. 4. Alleys shall have a right -of -way width of at least twenty -five (25) feet and shall be developed with a twenty -five (25) foot wide concrete pavement. However, where an alley provides access to head -in automobile parking spaces along both sides, the alley must have a right -of -way width of not less than thirty (30) feet. C. Density: No zero lot line project shall have a greater density than ten (10) lots per gross acre. D. Lot Area: sy © O V Thirty six hundred (3,600) square feet. E. Lot Width: Forty (40) feet, except that lots siding on a corner or upon a plat boundary of the project shall not be less than fifty (50) feet in width. F. Building Setback Lines: 1. Front A front building setback line of twenty (20) feet. 2. Rear a. A rear building setback line of twenty (20) feet. 3. Sides a. A side building setback of ten (10) feet on all lots siding on a corner or upon a plat boundary of the project. b. on all zero lot lines there shall be no minimum side building setback line on one side and ten (10) feet on the opposite side. ' G. Easement 1. Utility easements and drainage easements shall be as required in Section VIII, Article B -5 & 6, Ordinance No. 121. 2. Zero lot line dwellings shall be constructed against the lot line on one side of a lot, and no windows, doors, or other openings shall be permitted, and on the adjacent lot the developer must provide for a perpetual wall maintenance easement of four (4) feet in width along such wall. H. Parking: At lease two (2) off - street parking spaces (covered or uncovered) shall be provided for on each lot. I. Dwelling Floor Area: 1. Each dwelling unit shall have a minimum living area of nine hundred (900) square feet. 2. The developer shall submit typical floor plans which shall show the general layout of the units. MAINTENANCE AND SERVICES In any subdivision for which a final plat has not been approved and filed for record in the Jefferson County Deed Records, nor in which subdivision the standards herein stipulated have not been complied with in full, the City shall issue no building, repair, plumbing or electrical permits; and the City shall not repair or maintain any street; and the City shall not sell or supply water or sanitary sewer service therein. 70 ENFORCEMENT FOR VIOLATIONS In behalf of the City of Nederland, the City Attorney shall, when directed by the City Council, institute appropriate action in a Court of Competent Jurisdiction to enforce the provisions of this Ordinance which occurs within the City of Nederland or within the extraterritorial jurisdiction of the City of Nederland as determined under the Municipal Annexation Act. CONFLICT WITH OTHER ORDINANCES Whenever the standards and specifications in this Ordinance conflict with those contained in another Ordinance, the most stringent or restrictive provision shall govern. SEPARABILITY CLAUSE Should any portion or part of this Ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof; but all valid portions hereof shall remain in full force and effect. PENAL PROVISIONS Any person violating any provision of this Ordinance within the corporate limits of the City of Nederland, Texas, shall be guilty of a misdemeanor; and, upon conviction, shall be fined an amount not exceeding two hundred dollars ($200.00). Each day that such violation exists shall constitute a separate offense and be punishable as such hereunder. ' PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 24 day of May , 1990. ATTEST: S /CHRIS SERRES Chris Serres, 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 S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas AN AMENDMENT TO ORDINANCE NO. 164 1 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 8, 1990 THROUGH APRIL 22, 1991. 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 dates for the meeting of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: May 8 June it July 9 September 10 October 8 November 12 December 10 January 7 February 11 March 11 April 8 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: May 21 June 25 July 23 ' August 13 August 27 September 24 October 22 November 26 December 17 January 21 February 25 March 25 April 22 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. (J/ PASSED AND APPROVED by the City Council at a regular meeting this the 7 day of l/ 1990. J Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: x." Chris Serres, City Secretary p City of Nederland, Texas t REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 8, 1990 The meeting was called to order by Mayor ProTem Robert D. Sawyer at 3:00 p.m. on May 8, 1990. Members present were Mayor ProTem Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman Carl N. "Cropo" LeBlanc and Councilman W. Ceyril Paulus. Mayor Homer E. Nagel was absent. Mayor ProTem Sawyer called for any corrections and /or additions to the written minutes of the April 24, 1990 meeting. Councilman Doornbos stated that one correction and one addition should be made in the minutes of the April 24, 1990 meeting. The correction should be made on Page 3 Paragraph 10 - April 24, 1990 needs to be changed to May 8, 1990. The addition is on Page 3 Paragraph 11, the last sentence should read "Mr. Sosa added that this is a subdivision payback to the developer under Ordinance No. 121." A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the April 24, 1990 with the above corrections. All Voted Aye. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Doornbos to I table Item #3, presentations to Mayor Nagel, due to his absence. All Voted Aye. Mayor ProTem Sawyer called for the canvassing of the returns for the May 5, 1990 General Election. Mrs. Shirley Spittler, Precinct Election Judge, reported that a total of 1,185 votes were cast in the Absentee and General elections combined. She then reported that the following number of votes were cast for each candidate: CARL N. "CROPO" LEBLANC MAYOR 996 DONALD TOWLE MAYOR 163 WM. E. "WILL" SCHROETER COUNCILMAN WARD II 865 ERNEST BAYARD COUNCILMAN WARD II 293 BILLY W. DOORNBOS COUNCILMAN WARD IV 917 Mrs. Spittler then presented a statement of compensation to the Mayor and Council for payment of the election officials in the amount of $362.50 in accordance with State Statutes Article 3.08 of the election code. Mayor ProTem Sawyer commended Mrs. Spittler and her staff for the excellent job they did this year as well as in previous years. A motion was made by Councilman Doornbos and seconded by Councilman LeBlanc to accept the canvass returns as presented by Mrs. Spittler, Precinct Election Judge. all Voted Aye. Minutes continued, May 8, 1990 Chris Serres, City Secretary, administered the Oath of Office to Carl N. "Cropo" LeBlanc, Mayor, William E. Schroeter, Councilman Ward II; and Billy W. Doornbos, Councilman Ward IV. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Paulus to approve payment in the amount of $362.50 to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. D. E. Sosa, City Manager, stated that Item #6, receive bids for one new fire truck, was placed on the agenda in an effort to obtain the cost of a new truck. Mr. Sosa reminded the Council that two options were presented in order to place another fire truck in the Fire Department, one being the purchase of a new truck and the other being renovation of an existing truck. Mike Lovelady, Fire Chief, opened and read bids received for one new fire truck. The bidders were as follows: Martin Apparatus, Houston, TX - $178,632.00; Riggs First Line Equipment, Forney, TX - $178,348.00; and, Quality Manufacturing, Round Rock, TX - $190,872.00. D. E. Sosa, City Manager, recommended the bids be referred to the staff for tabulation with a recommendation to be made at a later meeting. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to refer bids received for one new fire truck to Chief Lovelady for tabulation with a recommendation to be made at a later date. All Voted Aye. D. E. Sosa, City Manager, stated that the low bidder of the garbage containers did not meet the specifications and the shipping costs were not included in their bid. Mr. Sosa added that Stirling Copp, Director of Public Works, recommended award of the bid to Kirk Manufacturing, Inc. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to award bid for 200 - 90 gallon garbage containers to Kirk Manufacturing. All Voted Aye. D. E. Sosa, City Manager, gave a brief overview of the proposed 1990 street program. Mr. Sosa is recommending approval of the program. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to accept the 1990 Street Program. All Voted Aye. D. E. Sosa, City Manager, reminded the Council that for the past 18 months the City has been aware of the need for renovations at the Water Plant. During the discussions of the need for repairs, Mr. Sosa stated the City was contacted by Unocal announcing the closure of their refinery and in the process offered their water treatment facility to the City of Nederland. It was at this time the City hired d.p. Consulting Engineers to do a feasibility study relative to the City taking over the Unocal plant or renovating the City's present plant. Mr. Dave Perrell, d.p. Consulting Engineers, then made a presentation to the Council relative to the water treatment plant expansion and /or renovations. Mr. Perrell stated the City Water Treatment Plant capacity needs to be increased in order to meet current demands due to existing population and change in criteria for potable water as established by the Texas Department of Health. Mr. Perrell added the study also compares treatment capability of two existing plants and two proposed plants with estimated costs for expansion and modifications. 74 Minutes continued, May 8, 1990 The City Attorney recommended that the City ask Unocal to submit a proposal outlining all the specifications relative to the City utilizing their water treatment facility. Mayor LeBlanc thanked Mr. Perrell for the study and entertained a motion to accept the study as presented by d.p. Consulting Engineers. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to accept the engineering report from d.p. Consulting Engineers regarding water treatment plant expansions. All Voted Aye. D. E. Sosa, City Manager, is recommending payment to Excavators and Constructors in the amount of $62,990.97 for Estimate No. 11 for contract No. 2 (closure of the landfill). Mr. Sosa stated the closure is approximately 87% complete, the 13% remaining consists of a road, monuments and gas venting system. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve payment of Estimate No. 11 in the amount of $62,990.97 for contract No. 2 (closure of landfill) to Excavators and Constructors. All Voted Aye. Mayor LeBlanc called for any questions and /or comments regarding the list of monthly bills as presented by Chris Serres, City Treasurer. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment of the bills for the month of April, 1990. All Voted Aye. The regular meeting was recessed at 3:55 p.m. for the purpose of conducting an Executive Session relative to negotiations of a contract with Sun oil I Corporation. The regular meeting was called back to order by Mayor LeBlanc at 4:15 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes and no action was necessary. Discussion items: 1. Mr. Paulus reported that there are several spots in the Avenue G park that need to be filled in with dirt and the drainage is poor. 2. Mr. Doornbos suggested a tour of all city facilities for the new council members. 3. Mr. Doornbos asked for an updated list of all appointed and elected officials of the City. 4. Mayor LeBlanc took this opportunity to thank the citizens of Nederland for the confidence they bestowed upon him during the election. 5. Mr. Sosa asked if any of the Council members had any objections to Jefferson County allowing the Singles Club to tie on to their sewer system provided the Singles Club paid a lift station fee to the City that would be remitted to the County. There being no objections, Mr. Sosa was instructed to confirm this with the County. Minutes continued, May 8, 1990 There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:30 p.m. on May 8, 1990- Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 76 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 21, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on May 21, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the May 8, 1990 meeting as written. All Voted Aye. PRESENTATIONS Mayor LeBlanc presented former Mayor Homer E. Nagel with a resolution from the House of Representatives and a plaque from the City of Nederland, of which both were commending Mr. Nagel for his many years of outstanding public service and civic leadership to the City of Nederland. Mike Judice, Gulf States Utilities, presented the City of , Nederland and the Chamber of Commerce with an official "Team City" certificate, which designates Nederland to work with Gulf States Utilities to promote community development by making the community more attractive to prospective and expanding businesses. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve an Amendment to Ordinance No. 107, designating the east side of 8th Street, from Boston Avenue to Chicago Avenue, a "no parking" zone. All Voted Aye. CITY PARK A motion was made by Councilman Doornbos and seconded by Councilman Paulus to accept the proposal from Holy Cross Lutheran Church for the relocation of a neighborhood park. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve payment to d.p. Consulting Engineers in the amount of $2,000.00 for water consumption study and Unocal water plant feasibility study, and $152.94 for water plant renovation study. All Voted Aye. 'if 71 Minutes continued, May 21, 1990 AWARD OF BID A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the staff to examine all financing Possibilities to determine which would be most beneficial to the City for the purchase of a new fire truck, and to award the bid for one new fire truck to Martin Apparatus in the amount of $178,632.00. All Voted Aye. AUTHORIZE BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize advertisement for bids to seed the Mid - County Municipal League landfill to be received at 3:00 p.m., June 11, 1990. All Voted Aye. APPOINTMENTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to appoint Councilman Ceyril Paulus to serve the unexpired term of Mike Bourque on the South East Texas Regional Planning Commission. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to table action on Item #11, appointment of an individual to the South East Texas Regional Planning Commission Council on Aging to fill the unexpired term of M.L.C. Lucke until the next council meeting. All Voted Aye. SUMMER PROGRAM A motion was made by Councilman Sawyer and seconded by ' Councilman Paulus to approve the 1990 City /School Summer Recreation Program. All Voted Aye. CONVENTIONS A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize City Attorney, W. E. Sanderson, to attend the Texas City Attorney's Association /Texas Bar Association's Annual Meeting in Dallas, Texas, June 5 -8, 1990. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 7:32 p.m. for the purpose of conducting an Executive Session relative to upcoming Council appointments. The regular meeting was called back to order by Mayor LeBlanc at 8:13 p.m. Mayor LeBlanc announced that the meeting was held for informational purposes and no action was necessary. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to table the Executive Session. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, reported on the M.C.M.L. meeting held last week. : TS Minutes continued, May 21, 1990 Councilman Schroeter reported that he received a call relative to the stop sign at the corner of 14th Street @ Navasota. He inquired as to the possibility of placing a 4 -way stop at this location. The City Manager informed Councilman Schroeter that he would have the staff check into the feasibility of placing a 4 -way stop at that intersection. Councilman Paulus reported on a clean air bill, H.R. 3030, which, if passed, would regulate gasoline in urban areas. The new gasoline is ethanol and it appears to be a much cleaner fuel, although it will be more expensive. He is of the opinion that the bill would be beneficial to the environment and all views should be directed to Congressman Jack Brooks. Councilman Doornbos suggested an invocation be added to each agenda. After a brief discussion, the City Mnaager was directed to place an invocation on each agenda beginning with the June 11, 1990 agenda. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc atI 8:30 p.m. on May 21, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ' ATTEST: 0IVIA� � Chris Serres, City Secretary City of Nederland, Texas 1 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 ON PAVEMENT There shall be no parking on pavement on the East side of 8th Street from Boston Avenue to Chicago Avenue. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate ' offense. Section 3 - REPEALING CLAUSE Any and all Ordinances of the City of Nederland, Texas in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE City Counc 1 of the City of Nederland, Texas on this the c,21 day of A.D. 1990. Carl N. eBlanc, Mayor City of Nederland, Texas ATTEST: Chris Series, City Secretary City of Nederland, Texas APPRO ED AS TO FORM AND LEGALITY: q Lf"r4-1 W. E. Sanderson, City Attorney City of Nederland, Texas zy� M REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 11, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on June 11, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Billy W. Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the May 21, 1990 meeting as written. All Voted Aye. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an amendment to Ordinance No. 340, the City's ambulance ordinance. All Voted Aye. ' AGREEMENT A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve an agreement with Jefferson County Rural Fire Prevention District #1, outlining the City's fire protection responsibilities to that District. All Voted Aye. FINANCING OF A motion was made by Councilman Paulus and seconded by Mayor FIRE TRUCK LeBlanc to approve financing the new fire truck through NCNB Texas Bank in the amount of $128,632.00 for a period of five years at 8.45% with annual payments of $32,599.72 beginning one year from funding and to approve ordering same. (Total purchase price $178,632.00 with $50,000.00 down payment currently invested at NCNB.) All Voted Aye. BIDS RECEIVED Bids were received for the seeding of the Mid - County Municipal League landfill. Bidders were as follows: M & M Air Service, Beaumont, Texas - $5,161.00. AWARD OF BID A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to award the bid for seeding of the M.C.M.L. landfill to M & M Air Service of Beaumont Texas in the amount of $5,161.00. All Voted Aye. N Minutes Continued, June 11, 1990 PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment of Estimate No. 12 in the amount of $107,083.62 for Contract No. 2 (closure of the landfill) to Excavators and Constructors. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize payment of $4,300.00 to Excavators and Constructors for replacement of a concrete sewer line on an easement behind the Madison Place Subdivision. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve Change Order No. 1 in the amount of $1,107.00 for the laying of addition water lines in Christina Court, Section IV. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize acceptance of Christina Court, Section IV and approve payment to John Bankston Construction in the amount of $3,772.93 for water and sewer lines. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize payment to Excavators and Constructors in the amount of $6,118.16 for four (4) manhole repairs on Highway 365. All Voted Aye. ' AUTHORIZE BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize advertisement of bids to be received July 9, 1990 for the 1990 Street Program. All Voted Aye. MONTHLY BILLS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment of the bills for the month of May. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, reported that the Police Department received a high bid of $31,000.00 for the house located at 508 South 1' Street which was confiscated as a result of a drug raid. D. E. SOSa, City Manager, reported on the recycling program in Scott, Louisiana. The City Manager informed the Council that Unocal is ceasing the use of their water plant and is willing to sell the plant for $1.00. Mr. Sosa stated engineers are currently doing a feasibility study relative to Sun Oil tying on to Unocal's plant temporarily. The City Manager announced a Special Meeting will be held Monday, June 18, 1990 for purpose of discussing the Unocal water plant. He added an Executive Session will be held during the Special Meeting to discuss the study. z Minutes Continued, June 11, 1990 Councilman Paulus reported an electrical pole near Homer Nagel park is leaning and needs to be straightened. Councilman Doornbos inquired about the property for the neighborhood park on Helena Avenue. Mr. Sosa stated the contract has been turned over to Holy Cross Lutheran Church for their signatures. Councilman Paulus reported the edge of the street in front of the Avenue G park is broken for approximately 2 blocks. D. E. Sosa, City Manager, stated that an individual will be appointed to fill the unexpired term of M.L.C. Lucke on the S.E.T.R.P.C. Regional Council on Aging at the next regular meeting. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:37 p.m. on June 11, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: , Chris Serres, City Secretary City of Nederland, Texas it J 5;ji AN AMENDMENT TO �/1 ORDINANCE NO. 340 O AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN V v THE CITY OF NEDERLAND, TEXAS BE IT ORDAINED BY THE CITY COUNCIL of the City of Nederland, Texas, that hereafter ambulance service in the City of Nederland shall be regulated by the following provisions, all other provisions of this ordinance will remain the same. Amend under "Ambulance Permit; application; and conditions of issuance of ambulance permit. (D) Permanent license plates are prominently displayed on both front and rear of the vehicle. (E) The vehicle has a vehicle number prominently displayed on both front quarter panels. (F) The company name is prominently displayed on both the right and the left side, as well as to the rear of the vehicle. (G) Upon application for permit a current employee roster with employee name, certification level; certification number, date of certification, and drivers license number be ' presented and updated bi- annually. (H) There will be a maximum time of response of six (6) minutes to any given ambulance call. If the responding company is unable to respond in the allotted amount of time, that company should advise Central Dispatch and the next available ambulance company will then be notified without lose of turn on rotation to the initial company. In the event that a company accepts a call and goes beyond the allotted amount of time of response, a letter of complaint will be placed in the companies file. After three letters a hearing to revoke permit will be held. the company will have two (2) weeks notification via certified letter that a hearing has been scheduled. Permit will be revoked not more than 30 days. AMEND UNDER: Licensed personnel and minimum standards; All personnel must hold a valid Texas Drivers License as well as a current recognized CPR card, both of which are to be submitted with the bi- annual employee roster. AMEND UNDER: Emergency Suspension of an Ambulance Permit. Proof of unsafe operation of an ambulance within the City of Nederland, witnessed by a duly authorized law enforcement officer, other than in an extraordinary situation may result in suspension of a providers permit, as long as the officers complaint is upheld in traffic court by issuance of a citation, and a guilty verdict. ZS q Definitions, and Deletions to Ordinance 340 DEFINITION: Mid - County shall be interpreted as Nederland, Beauxart Gardens, and any other area of the City of Nederland's extraterritorial jurisdiction. DELETIONS: "Suburbans ", from the definition of ambulance in the definitions section of this ordinance. DELETION: Delete the "for hire" clause under operating ambulances without permit section of this ordinance. This Ordinance shall take effect and be in force from and after its passage, the public welfare requiring it. PASSED, APPROVED AND ADOPTED this 11th day of June A.D., 19 90 COPY GJ, Carl N. Le lanc, Mayor City of Nederland ' ATTEST: '1 n G1 A ' a A Chris Serres, City Secretary City of Nederland, Texas APPROV S TO FORM AND LEGALITY: I Sanderson, City Attorney City of Nederland, Texas 1 651 THE STATE OF TEXAS § COP COUNTY OF JEFFERSON § AN AGREEMENT This agreement between the City of Nederland Municipal Corporation of the state of Texas, acting by and through the City Council of the City of Nederland and the Jefferson County Rural Fire Prevention District #1, acting by and through the Commissioners of the Jefferson County Rural Fire Prevention District #1, agrees as follows: I. That the City of Nederland agrees to furnish fire fighting equipment and personnel outside the City Limits of the City of Nederland, all upon the following conditions: II. The City of Nederland agrees to furnish fire protection to the Jefferson County Rural Fire Prevention District #1 equivalent to the current level of service and never to be less than one Class A pumper and personnel to operate such equipment. III. Neither the City of Nederland, its agents, employees, firemen, volunteer firemen, nor any other persons operating under this contract shall be deemed to be an agent or employee of the Jefferson County Rural Fire Prevention District #1 and the Jefferson County Rural Fire Prevention District #1 shall not be liable for the negligence or other tortuous conduct of any such persons. IV. Neither the Jefferson County Rural Fire Prevention District #1, its agents, employees, firemen, volunteer firemen, nor any other person operating under this contract shall be deemed to be an agent or an employee of the City of Nederland and the City shall not be liable for the negligence or other tortuous conduct of any such persons. V. It is understood and agreed between the Jefferson County Rural Fire Prevention District #1 and the City of Nederland that this contract and agreement is under the terms and conditions of Article 235la -6, Revised Statutes of Texas, and that the liability of each shall be that which is set forth therein. VI. The term and duration of this agreement shall be for a period of fifteen (15) years. 86 O IN WITNESS WHEREOF, this agreement has been duly executed by the Jefferson County Rural Fire Prevention District #1 on this the 25th day of May, 1990 and by the City of Nederland on this the 11th day of June, 1990. THE CITY OF NEDERLAND COMMISSIONERS OF THE JEFFERSON COUNTY RURAL FIRE PREVENTION DISTRICT #1 S /CARL N. LEBLANC SNACK WEEREN Carl N. LeBlanc, Mayor Jack Weeren, Chairman ATTEST: S /CHRIS SERRES S /LOIS COCO Chris Serres, City Secretary Witness APPROVED AS TO FORM: S /W. E. SANDERSON W. E. Sanderson, City Attorney , 1 871 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:00 P.M. June 18, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 5:00 p.m. on June 18, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION invocation by Councilman Billy W. Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the June 11, 1990 meeting as written. All Voted Aye. EXECUTIVE SESSION The special meeting was recessed at 5:07 p.m. for the purpose of conducting an Executive Session relative to the acquisition of the Unocal. water treatment plant. The special meeting was called back to order by Mayor LeBlanc at 5:40 p.m. Mayor LeBlanc announced that the City Manager brought the Council up -to -date on the acquisition of the Unocal water treatment plant. Mayor LeBlanc then stated that no action was necessary relative to this matter. WORK SESSION As a result of the Executive Session, the City Manager was directed to meet with Mr. C. L. Oleson, Plant Manager of Unocal, to draft a contract between Unocal and the City of Nederland relative to the acquisition of the water plant; to obtain expert legal advise relative to same; to invite the Health Department to make an inspection of the Unocal water plant in order to advise the City of Nederland regarding the feasibility of the acquisition; and, to line up a tour of the water plants at Nederland and Unocal. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:25 p.m. on June 18, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas O REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 25, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on June 25, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Will E. Schroeter. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve the minutes of the June 18, 1990 meeting as written. All Voted Aye. REJECT BID A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to reject the bid from Kirk Manufacturing for 200 - 90 gallon garbage containers due to their not meeting delivery I schedule. All Voted Aye. AWARD OF BID A motion was made by Councilman Doornbos and seconded by Councilman Paulus to award bid to Toter, Inc. for 200 - 90 gallon garbage containers (next low bidder to meet specifications). All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bid for a pet pathological system to Industrial Equipment and Engineering Company in the amount of $20,840.00 and to award bid for the construction of the building to Barrows Construction Company in the amount of $10,365.00 contingent upon the cities of Port Neches and Groves awarding same (funds to be allocated from the Mid - County Municipal League Landfill fund). All Voted Aye. APPOINTMENT A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to appoint Dorothy Arsement to the South East Texas Regional Planning Commission Regional Council on Aging to fill the unexpired term of M.L.C. Lucke who resigned due to poor health. All Voted Aye. PAYBACK A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payback to the developer of Christina Court Section IV in the amount of $26,523.32 as per Ordinance No. 121. All Voted Aye. Minutes continued, June 25, 1990 SUBDIVISION A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to accept the Planning and Zoning Commission's recommendation to approve the final plat of Spurlock Chase, Phase One (outside the city limits, but within our extraterritorial jurisdiction). All Voted Aye. RENEW CONTRACT A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize renewal of the City's Employee Assistance Program from July 1, 1990 through June 30, 1991, and to authorize payment in the amount of $2,000.00. All Voted Aye. APPOINTMENTS A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to appoint City officials in accordance with the City Charter from July 1, 1990 to June 30, 1990 as follows: Chris Serres, City Secretary /Tax Assessor /Collector /City Treasurer; Billy Neal, Police Chief; Mike Lovelady, Fire Chief /Fire Marshal; Richard Hughes, City Judge; and W. E. Sanderson, City Attorney; and appointment of Emergency Management officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator and Billy Neal, Assistant Coordinator. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the following appointments to the Planning ' and Zoning Commission, each to serve a two -year term: Bill Quick, C. J. Schexnaider, Rebecca Caddy, Joe Sudela and Melvin Moss; and approve the following appointments to the Zoning Board of Appeals, each to serve a two -year term: Dallas Broussard, Guy G. Barlow, Sr., Joan Edwards, Paul Smith and JoAnn Rienstra. All Voted Aye. BUDGET DISCUSSION D. E. Sosa, City Manager, informed the Council that the City will lose approximately $400,000 in revenue due to the closure of Unocal. He stated that he will present a balanced budget with recommendations at the July 9 meeting for Council consideration. COMMUNICATIONS The City Manager stated that he is meeting with Mr. Oleson to discuss an alternate proposal to ownership of the Unocal water treatment plant. He added that officials from the Health Department will be visiting the plant to make a recommendation as to the feasibility of Nederland acquiring the Unocal plant. Councilman Doornbos inquired as to the possibility of having the timing of the traffic signal at the corner of Nederland Avenue and 27th Street adjusted. At the present time, only three vehicles are able to proceed. U Minutes continued, June 25, 1990 ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:10 p.m. on June 25, 1990. , . Z6,2" Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: (� ,�J An0�g/ Chris Serres, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 9, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on July 9, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve the minutes of the June 25, 1990 meting as written. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve Resolution 1990 -4 accepting the City of Nederland General Budget for the fiscal year beginning ' October 1, 1990 and ending September 30, 1991 and calling for a Public Hearing to be held at 6:30 p.m. on July 31, 1990 for the purpose of proposing to increase total tax revenues. All Voted Aye. RECEIVE COMMENTS Mr. Russell Buss and Mr. Matt Ketchum, Southern Union Gas Company, gave a brief overview of a rate increase proposal. Mr. Buss stated that the increase was necessary due to rising costs of labor, health insurance, workers compensation, drug testing, etc. He added that the proposed increase will raise the customers bill by $2.07 per month. RECEIVE BIDS Stirling Copp, Director of Public Works, opened and read bids received for the 1990 Street Program. The bidders were as follows: Mid - County Dirt Pit, Inc., Port Arthur, TX - $77,436.00; APAC- Texas, Inc., Beaumont, TX - $66,413.32; and, The Porter Co., Henderson, TX - $58,316.00. Mr. Copp will tabulate the bids and make a recommendation at the end of the meeting. PAYMENT A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve payment to M & M Air Service of Beaumont in the amount of $5,161.00 for seeding of the Mid County Municipal League Landfill. All Voted Aye. V Minutes continued, July 9, 1990 RESOLUTION A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve Resolution 1990 -3 for the purpose of placing Nederland on the Texas Water Development Board Fiscal Year 1991 Intended Use Plan. All Voted Aye. EASEMENT GRANTED A motion was made by Councilman Paulus and seconded by Councilman Schroeter to grant Enron Products Pipeline, Inc. a pipeline easement through a portion of property owned by the City of Nederland (property in the Wm. Carroll and Burr and Casswell Survey). All Voted Aye. APPOINTMENT A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to appoint Stirling Copp to the JORTS transportation planning committee. All Voted Aye. MONTHLY BILLS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment of the bills for the month of June, 1990 as presented by Chris Serres, City Treasurer. All Voted Aye. AWARD OF BID A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to award bid for the 1990 Street Program to the low bidder, The Porter Co., in the amount of $58,316.00. All Voted Aye. I EXECUTIVE SESSION The regular meeting was recessed at 4:15 p.m. for the purpose of conducting an Executive Session relative to the Police and Fire Departments personnel budget. The regular meeting was called back to order by Mayor LeBlanc at 5:15 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, provided copies of a proposed letter directed to residential and commercial garbage customers relative to the anticipated garbage rate increase. He then asked the Council to review the letters and if no objections are received, he will begin mailing these letters by the third week of July. Fire Chief Mike Lovelady explained to the Council the advantages of hiring a consultant to help the City identify and schedule the removal or upgrading of underground gasoline storage tanks. The City Manager will place a proposal in the Council's packet regarding the use of a consultant to be discussed at the next Council meeting. Minutes continued, July 9, 1990 ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:35 p.m. on July 9, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: � au/j-' /U/J-/ Chris SerreS City Secretary City of Nederland, Texas 1 1 !1 95 CITY OF NEDERLAND RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1991 INTENDED USE PLAN RESOLUTION NO. 1990 -3 THE STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF NEDERLAND § WHEREAS, the City of Nederland, Texas has reviewed its wastewater needs and found that it is necessary to construct wastewater facilities to meet those needs; WHEREAS, the City deems it necessary to express its interest and commitment to seek funds from the Texas Water Development Board's State Water Pollution Control Revolving Fund (SRF) in order to finance its wastewater needs; WHEREAS, in order to secure future financing from the SRF, the City must make certain commitments to the Board to be placed on the Board's Intended Use Plan; and WHEREAS, the City has determined that it has the financial capability to finance projects through the SRF to meet its wastewater needs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' 1. That the City will take necessary actions to fund the project(s) designated as sewer rehab through a loan from the SRF from the Texas Water Development Board. 2. That the City is hereby informing the Board of its desire to receive financial assistance in the amount of $1,966,000.00 from the Board's SRF. 3. That the city will file the engineering planning and environmental documentation portions of an application for a loan from the SRF on or before March 15 of the funding year, and will proceed as expeditiously as possible to secure a loan commitment from the Board. 4. That the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. 5. That a certified copy of this Resolution shall be submitted to the Board to insure that the City will be included in the Fiscal Year 1991 Intended Use Plan. PASSED AND APPROVED by affirmatio v to of the City Council of the City of Nederland, on this / day of 1990. S /CARL N. LEBLANC Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas 96 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 23, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on July 23, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the minutes of the July 9, 1990 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the Proclamation declaring July 27, 1990 as "James Broussard Day" in Nederland. All Voted Aye. ' PUBLIC HEARING A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve changing the Public Hearing date of July 31, 1990 to August 13, 1990 at 6:30 p.m. for the purpose of proposing to increase total tax revenues; and calling for a Public Hearing to be held August 13, 1990 at 6:30 p.m. for the purpose of adopting the City of Nederland General Budget for fiscal year 1990 -1991. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve Ordinance No. 401, suspending the Southern Union Gas rate increase request for 90 days and calling for a Public Hearing to be held October 22, 1990 at 6:30 p.m. All Voted Aye. RECEIVE COMMENTS Dr. V. Mitchell, President of the Organization of Christians Assisting People, informed the Council of the need for transportation for the elderly. Dr. Mitchell reported a study was performed on the transportation problems of the elderly and it revealed the Mid - County area was the most in need. Mr. Paul Guidry, Program Manager, stated the main objective was to assist the aged, blind and disabled citizens 60 years of age and older. The organization is seeking an $18,000.00 donation, which would be $6,332.90 per city. 971 Minutes continued, July 23, 1990 Councilman Sawyer suggested that the City of Nederland take this request under advisement after they are provided with more information. The City Manager was directed to collect more information and to report back to the Council. ORDINANCE A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve amending Ordinance No. 155, regulating water, sewer and garbage rates within the City of Nederland to begin with the August 1 billing. All Voted Aye. PAYMENT A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve payment to d.p. Consulting Engineers in the amount of $2,466.79 for Unocal water plant study. All Voted Aye. SUBDIVISION A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the completion of Madison Place subdivision (located in the 3100 block of Helena Avenue) . All Voted Aye. PAYMENT A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment of Estimate No. 13 in the amount of $103,328.93 for Contract No. 2 (closure of the landfill) ' to Excavators and Constructors. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 7:34 p.m. for the purpose of conducting an Executive Session relative to personnel matters. The regular meeting was called back to order by Mayor LeBlanc at 8:35 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, discussed with the Council the possibility of creating a water line and sewer line maintenance fund. Mr. Sosa stated that approximately $50,000 received from Enron Pipeline for a right -of -way could be used for this account. Mr. Sosa added that a $.25 surcharge could be placed on each water bill in order to keep this account solvent. Mr. Robert Rothrock reported that the drainage ditch located near South 5� Street at Nederland Avenue is obstructed and restricting flow. The City Manager stated that he would report the problem to Drainage District No. 7. 00 Minutes continued, July 23, 1990 ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:50 p.m. on July 23, 1990. L�W'4 v Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: OVA�10'1' Lw&ill Chris Serres, City Secretary City of Nederland, Texas 1 1 (Office of thr apvr IV NO 0 CaAt N. LeB2anc by virtue of tfte atitltority vetted in me aj i1"Ja yor of the City of YlederLndr 51xa -4r 1/1 {: erely 19r•oclaim Ju,by 27, 1990 —44 "James B,toushand Day" in tie City of ilec[erlartctr ,./exadr aticturcge eacli artd ever Citizen of our City to tecogn,ize Jcunu Bnouhaand, native son o6 Nede T -and, {yon hi,s exeepti.onat -tatent, pno6e/ssiona2 aecompQ.islunen z, and gene4ou/s cont ibuti.on to St. Mazy Ho.bp.itat'b Chitd)Len'e Sm.icu. At festirnony tul.er•eolr tvitrtedd my 1tai aid Seat of the (.,ity of i/ecfer//l��artd t /ij the 2 3h ctaV of �' Jay, 1990 City Secretary • a /Mayor J /� CitC c-7 y of /lederl/ and, Jexaj I U CITY OF NEDERLAND O ORDINANCE NO. 401 OAN ORDINANCE SUSPENDING THE PROPOSED RATE SCHEDULE CHANGE BY SOUTHERN UNION GAS COMPANY FOR GAS SERVICE IN THE CITY OF NEDERLAND; PROVIDING THE REASONS THEREFOR; PROVIDING THE EFFECTIVE DATE HEREOF; AND PROVIDING FOR A PUBLIC HEARING ON SOUTHERN UNION GAS COMPANY'S RATE APPLICATION. WHEREAS, the City Council has determined that Southern Union Gas Company's Statement of Intent to change rates for natural gas service in the City of Nederland, effective August 3, 1990 should be suspended to a future date, not to exceed ninety (90) days, for the following reasons: (1) The City Council has not had sufficient time to analyze and study the proposed increase. (2) That in order to reach a determination of the justness, reasonableness, and propriety of such rate increase, the City Council may secure the services of a rate consultant; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the proposed new rate schedule by Southern Union Gas Company of its rates for natural gas utility service in the City, be, and is hereby suspended for a period of ninety (90) days from said date. 1 1 1 1011 I COPY SECTION 2: - A public hearing on the rate application is hereby ordered to be held before the City Council on the 22 day of October, 1990, at 6:30 p.m. in the City Council Chambers at City Hall, Nederland, Texas, and the City Secretary shall cause notice of such public hearing to be published in an official newspaper not less than ten (10) days prior to such hearing. SECTION 3: - The City Secretary shall furnish copy hereof by mail to Southern Union Gas Company. SECTION 4: - This being an Ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Nederland on the 23 day of July, 1990. -S/CARL N. LEBLANC Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, 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 �'f, -- - - - - a 102 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD O WATER AND SEWER RATES, WATER METER O DEPOSITS, WATER AND SEWER CONNECTIONS FEES, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. WHEREAS, a revision should be made in the deposits for water, sewer and garbage services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. 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 Residential (per month) 2,000 minimum $ 5.70 $ 11.40 Inside Outside 1.30 Residential and Commercial: City City ' First 2,000 Gallons (minimum) $ 4.00 $ 8.00 contracts. All over 2,000 Gallons (per M) 1.50 3.00 *Or as required by provisions of outside City contracts. *SEWER RATES & * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 5.70 $ 11.40 All over 2,000 Gallons .65 1.30 Commercial (per month) 2,000 minimum 5.70 11.40 All over 2,000 Gallons (per M) .65 1.30 *Or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 50.00 $ 75.00 3/4" Water Tap 120.00 180.00 1" Water Tap 175.00 262.50 1'h" Water Tap 400.00 600.00 2" Water Tap 600.00 900.00 Over 2" Water Tap Material Cost + 20% * *Upon request, the City will install a 3/4" meter to adjust sewer usage for water used other than normal. Residences - 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap *SEWER CONNECTION FEES $100.00 150.00 200.00 WATER METER AND GARBAGE CONTAINER DEPOSITS Up to 3/4" Water Tap $100.00 1" Water Tap 150.00 14" Water Tap 200.00 1�" Water Tap 250.00 2" and up Water Tap 300.00 Residential (per month) Rate Sales Tax Inside City Outside City 1 $ 10.30 13.80 98 GALLON CONTAINERS Rate + 7.75% Sales Tax No. of 2 Pickups per Week Containers Rate / Tax / Total 1 $ 19.20 $ 1.49 $ 20.69 2 38.40 2.98 41.38 3 57.60 4.46 62.06 4 76.80 5.95 82.75 5 96.00 7.44 103.44 6 115.20 8.93 124.13 7 134.40 10.42 144.82 8 153.60 11.90 165.50 9 172.80 13.39 186.19 10 192.00 14.88 206.88 1 $150.00 225.00 300.00 $100.00 150.00 200.00 250.00 300.00 Total $ .80 $ 11.10 1.06 14.86 3 Pickups per Week Rate / Tax / Total $ 28.80 $ 2.23 $ 31.03 57.60 4.46 62.06 86.40 6.70 93.10 115.20 8.93 124.13 144.00 11.16 155.16 172.80 13.39 186.19 201.60 15.62 217.22 230.40 17.86 248.26 259.20 20.09 279.29 288.00 22.32 310.32 5 Pickups Per Week Rate / Tax / Total $ 48.00 $ 3.72 $ 51.72 96.00 7.44 103.40 144.00 11.16 155.16 192.00 14.88 206.88 240.00 18.60 258.60 288.00 22.32 310.32 336.00 26.04 362.04 384.00 29.76 413.76 432.00 33.48 465.48 480.00 37.20 517.20 0,0 I U4 CO?l 350 GALLON CONTAINERS Rate + 7.75% Sales Tax No. of 2 Pickups per Week 3 Pickups per Week Containers Rate / Tax / Total Rate / Tax / Total 1 2 3 4 5 6 7 8 9 10 $ 28.80 $ 2.23 $ 31.03 57.60 4.46 62.06 86.40 6.70 93.10 115.20 8.93 124.13 144.00 11.16 155.16 172.80 13.39 186.19 201.60 15.62 217.22 230.40 17.86 248.26 259.20 20.09 279.29 288.00 22.32 310.32 $ 43.20 $ 3.35 $ 46.55 86.40 6.70 93.10 129.60 10.04 139.64 172.80 13.39 186.19 216.00 16.74 232.74 259.20 20.09 279.29 302.40 23.44 325.84 345.60 26.78 372.38 388.80 30.13 418.93 432.00 33.48 465.48 TRASH REMOVAL RATES 5 Pickups per Week Rate / Tax / Total $ 72.00 $ 5.58 $ 77.58 144.00 11.16 155.16 216.00 16.74 232.74 288.00 22.32 310.32 360.00 27.90 387.90 432.00 33.48 465.40 504.00 39.06 543.06 576.00 44.64 620.64 648.00 50.22 698.22 720.00 55.80 775.80 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. II. A. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . B. This Ordinance shall take effect August 1, 1990. 1 1 D 1 �I PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 23rd day of July , 1990. ATTEST: S /CHRIS SERRES Chris Serres, 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 S /CARL N. LEBLANC Carl N. LeBlanc, Mayor City of Nederland, Texas 1 � REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 13, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on August 13, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. DoornbOS, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Billy W. Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the July 23, 1990 meeting as written. All Voted Aye. APPRAISAL ROLL A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to accept the 1990 appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. ' PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 6:37 p.m. for the purpose of proposing to increase total tax revenues and on the proposed City of Nederland budget for the fiscal year beginning October 1, 1990 and ending September 30, 1990. Mayor LeBlanc called for any questions and /or comments relative to the proposed tax increase and the City of Nederland proposed budget. Mr. Robert Rothrock and Mr. Sam Levy spoke against a tax increase in Nederland. Mr. Earnest Bayard, Mr. J. B. McKinney and Mr. Scot Babineaux spoke in favor of the proposed tax increase. They all commended the City staff for a job well done. There being no further questions and /or comments, Mayor LeBlanc adjourned the Public Hearing at 7:30 p.m. TAX INCREASE A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to propose an increase of $.08 to the tax rate. Mayor LeBlanc, Councilmen Sawyer, Schroeter and Paulus voted Aye. Councilman Doornbos voted No. I Minutes continued, August 13, 1990 ADOPT BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to adopt the 1990 -1991 budget with schedule of changes, if any, and to table approving Ordinance No. 402. All Voted Aye. AUTHORIZE BIDS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize advertisement of bids for two (2) police cars with the date to be determined later. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize advertisement for proposals to be received August 27, 1990 for a recycling program for the Mid - County Municipal League. All Voted Aye. AUDITOR A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the appointment of Everett Browning as city auditor for the 1989 -90 fiscal year. All Voted Aye. DONATION A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize the donation of one 1969 fire truck to the Fairmont Volunteer Fire Department in Hemphill, Texas. All Voted Aye. ' ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Ordinance No. 403, closing a 20' alley running parallel to Boston Avenue between 5th and 6th Streets contingent upon a quitclaim deed being provided. All Voted Aye. PAYMENT A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment of Estimate No. 14 and Final in the amount of $3,000.00 to Excavators and Constructors for Contract No. 2 (closure of the landfill) . All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment in the amount of $2,980.51 and $221.93 to d.p. Consulting Engineers for work on the Unocal water plant study and State Revolving Fund. All Voted Aye. ESCORT BUSES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to amend Ordinance No. 340, the ambulance ordinance. All Voted Aye. X V V Minutes continued, August 13, 1990 SUBDIVISION A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve water, sewer, paving and storm drainage in Patio Villa subdivision. All Voted Aye. MONTHLY BILLS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment of the bills for the month of July, 1990. All Voted Aye. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:50 p.m. on August 13, 1990. oa'a� - d-'e --- Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas i 1 1 C"-- .ti v v ORDINANCE NO. 403 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, Gerald J. Guidry, Donald D. Lee, R. E. Rothrock, Gary Woods, Rodney L. Bailey, and Marshall L. McMaster are the owners of the property adjacent to the alley hereinafter described; WHEREAS, that 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 I: - 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: That alley being in Block Nine (9), of JOHNSON ADDITION, extending from Fifth (5th) Street to Sixth (6th) Street, in the City of Nederland, Jefferson County, Texas. 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. 1 C"-- .ti v v 1 1 U 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, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Nederland on �..;.! CARL N. LEBLANC, MAYOR The City of Nederland ATTEST: j. Chris Serres City Secretary This Ordinance, including all the provisions thereof, is hereby approved as to form and legality/., W. EVERETT SANDERSON City Attorney 1 1 1 1 AN AMENDMENT TO ORDINANCE NO. 340 AN ORDINANCE REGULATING AMBULANCE SERVICE WITHIN THE CITY OF NEDERLAND, TEXAS BE IT ORDAINED BY THE CITY COUNCIL of the City of Nederland, Texas, that hereafter ambulance service in the City of Nederland shall be regulated by the following provisions, all other provisions of this ordinance will remain the same. Delete under "Ambulance Permit; application; and conditions of issuance of ambulance permit. (11) There will be a maximum time of response of six (6) minutes to any given ambulance call. If the responding company is unable to respond in the allotted amount of time, that company should advise Central Dispatch and the next available ambulance company will then be notified without lose of turn on rotation to the initial company. In the event that a company accepts a call and goes beyond the allotted amount of time of response, a letter of complaint will be placed in the companies file. After three letters a hearing to revoke permit will be held. The company will have two (2) weeks notification via certified letter that hearing has been scheduled. Permit will be revoked not more than 30 days. This Ordinance shall take effect and be in force from and after its passage, the public welfare requiring it. PASSED, APPROVED AND ADOPTED this i day of A.D.. 19 T/ av Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED )AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas �oq� I 1 1 112 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 27, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on August 27, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman W. Ceyril Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the August 13, 1990 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve a Proclamation declaring August 27- September 3, 1990 as "Jobforce Alumni Week in Southeast I Texas ". All Voted Aye. TAX RATE A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to adopt a tax rate of $.70/$100 valuation for the fiscal year beginning October 1, 1990 and ending September 30, 1991. All Voted Aye. Mr. Homer Nagel, Mr. Robert Bodemuller and Mr. Ernest Bayard all spoke in favor of the tax increase. Mr. Robert Rothrock and Mr. Skip Johnson spoke against the increase. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve Ordinance No. 402 for levying taxes for the use and support of the municipal government of the City of Nederland. All Voted Aye. RECEIVE BIDS Chief Billy Neal opened and read bids received for two (2) police cars. The bidders were as follows: JK Chevrolet, Nederland, TX - $28,941.42; Kinsel Ford, Beaumont, TX - $25,003.50; and Chevyland, Beaumont, TX - $29,913.50. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to refer bids received to Chief Neal and staff for tabulation and recommendation. All Voted Aye. 113 Minutes continued, August 27, 1990 PROPOSALS Proposals for a recycling program for the Mid - County Municipal League were received from East Texas Recycling, Natures Best, Gulf Coast Recycling, Waste Management and B.F.I. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to refer proposals received to the City Managers of the Mid - County Municipal League cities for tabulation and recommendation. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize payments to p.d. Technical Services Specialist in the amount of $300.00 for work completed on the Jefferson County Sanitary Sewer System technical review and in the amount of $725.00 for services rendered in connection with the smoke testing of sewer lines in the City of Nederland. All Voted Aye. FRANCHISE A discussion was held on the ramifications of a franchise ordinance for private garbage collectors who operate within the City of Nederland. D. E. Sosa, City Manager, informed the Council that this item will be placed on the next agenda for action. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the Texas Parks and Wildlife grant application for Doornbos Park will be up for approval August 30, 1990. Councilman Schroeter commended the city staff on the budget presentation. Councilman Paulus suggested soliciting former Mayor Nagel to tour the Unocal water treatment plant and make a recommendation. Councilman Paulus reported high weeds at the corner of Avenue N and South 29 Street. Councilman Doornbos inquired about the progress of the neighborhood park to be placed on Helena. Mr. Sosa responded that he had talked to Mr. Joe Prather and he would be willing to construct two backstops for the park if the City will provide him with plans and specifications. The Parks Department would then set the backstops in place. Councilman Paulus advised the City Manager that due to the crisis in the Middle East plant security was extremely tight and entrance to the landfill area should be monitored and reported to Sun Oil so they could be aware that the City had given permission for people to be in the landfill area. 11 Minutes continued, August 27, 1990 ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:45 p.m. on August 27, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 16/1-1/ lb-� � I'd/ Chris Serre , City Secretary City of Nederland, Texas 1 1 11 CITY OF NEDERLAND A PROCLAMATION IN WITNESS 1111EREOF, I have hereunto set my hand and Seal of the City of Nederland this 27th da /oo August, 1990 N�!,, __JC Carl N. "Cropo" eBlanc, Mayor City of Nederland, Texas ATTEST: h Chris' Ser es, City Secretary City of Nederland, Texas VO/ r '4r k ir ',, v. J. WHEREAS, jobforce, a program of the federally funded Job Training Partnership Act (JTPA), is an effective program for assisting school dropouts, welfare recipients; unskilled adults, displaced homemakers, dislocated workers and others who face serious barriers to employment; WHEREAS, the members of Congress, the press and our community should be informed of the positive impact jobforce has on the lives of our fellow citizens in Hardin, Orange and Jefferson counties; WHEREAS, all the partners in the JTPA system (federal, state and local governments, business, labor, education, community -based organizations and service providers) must assume an active role in effectively communicating the success of the program; WHEREAS, jobforce alumni (individuals who have successfully completed the program) who have overcome their barriers to employment and are now productive members of our community are the best advocates for the program; WHEREAS, it is the desire of the City of Nederland to officially recognize the achievements of jobforce alumni and to support the program; THEREFORE, the City of Nederland hereby proclaims August 27 ' through September 3, 1990 as " Jobforce Alumni Week in Southeast Texas" IN WITNESS 1111EREOF, I have hereunto set my hand and Seal of the City of Nederland this 27th da /oo August, 1990 N�!,, __JC Carl N. "Cropo" eBlanc, Mayor City of Nederland, Texas ATTEST: h Chris' Ser es, City Secretary City of Nederland, Texas VO/ r '4r k ir ',, v. J. 116 � 000 SECTION I ORDINANCE NO. 402 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 1990, 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 DBLINQUENT TAX DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXASt 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 for the provision of interest and sinking funds for the year Nineteen Hundred and Ninety (1990) upon all property (real, personal and mixed) within the corporate limits of the said City subject to taxation. A tax of seventy cents ($.70) per each one hundred dollars ($100.00) valuation of property shall be levied and apportioned to specific purposes herein set forth: (a) For the maintenance and support of General Government (General Fund) 52.11% of each one dollar ($1.00) levied on the 1990 Tax Roll. (b) For the purpose of paying interest and principal on the five hundred twenty thousand dollar ($520,000.00) Street Improvement Bonds, Series 1962, 1.08% of each dollar ($1.00) levied on the 1990 Tax Roll. (c) For the purpose of paying interest and principal on the three hundred thousand dollar ($300,000.00) Street Improvement Bonds, Series 1963, 1.07% of each one dollar ($1.00) levied on the 1990 Tax Roll. (d) For the purpose of paying interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improvement Bonds, Series 1967, 4.39% of each dollar ($1.00) levied on the 1990 Tax Roll. (e) For the purpose of paying interest and principal on the three million dollar ($3,000,000.00) Street Improvement Bonds, Series 1978, 8.71% of each one dollar ($1.00) levied on the 1990 Tax Roll. (f) For the purpose of paying interest and principal on the two million dollar ($2,000,000.00) Street Improvement Bonds, Series 1980, 7.16% of each one dollar ($1.00) levied on the 1990 Tax Roll. (g) For the purpose of paying Interest and principal on the seven million forty seven thousand dollar ($7,047,000.00) Street and Sewer Bonds, Series 1986, 25.48% of each one dollar ($1.00) levied on the 1990 Tax Roll. SECTION II That taxpayers shall be allowed no discount for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1990. 1 1 117 Such unpaid taxes shall bear an interest rate of twelve percent (12%) per annum from February 1, 1991, the same being the next year succeeding the year 1990, and if paid on or after the first day of July, 1991, twelve percent (126) interest for which taxes are hereby levied or assessed. Tax cost shall be one dollar. SECTION IV 1 That unpaid taxes shall be considered delinquent as of February 1, 1991, and shall be paid and collected as provided in Section II and Section III hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE City of Nederland at its regular meeting of said Council this 27 day of August, 1990. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas SECTION III Chris Serr s, City Secretary 00/ That the ad valorem taxes herein levied for the year 1990 shall become due January 1, 1991, though payable on the first day of October, 1990, and may be paid up to and including the following January 31, 1991, without penalty; but e o City Attorney W. B. Sand re n, y y if not paid such taxes shall become delinquent on the following day, February 1, 1991, and the following penalties shall be payable thereon to -wits (a) If paid during the month of February, six percent (6t); (b) If paid during the month of March, seven percent (7i); (c) If paid during the month of April, eight percent (8i); (d) If paid during the month of May, nine percent (9t); (e) If paid during the month of June, ten percent (109); (f) If paid on or after the first day of July, 1990, twelve percent (12t); Such unpaid taxes shall bear an interest rate of twelve percent (12%) per annum from February 1, 1991, the same being the next year succeeding the year 1990, and if paid on or after the first day of July, 1991, twelve percent (126) interest for which taxes are hereby levied or assessed. Tax cost shall be one dollar. SECTION IV 1 That unpaid taxes shall be considered delinquent as of February 1, 1991, and shall be paid and collected as provided in Section II and Section III hereof. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE City of Nederland at its regular meeting of said Council this 27 day of August, 1990. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTESTt Chris Serr s, City Secretary 00/ City of Nederland, Texas APPROVED AS T FORH AND LEGALITYt \J e o City Attorney W. B. Sand re n, y y City of Nederland, Texas 118 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. September 10, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on September 10, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Will E. Schroeter. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve the minutes of the August 27, 1990 meeting as written. All Voted Aye. PRESENTATION A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to table the presentation by Fran and Bob I Shields. All Voted Aye. CITIZEN COMPLAINT Mr. Clint Broussard, 619 South 33 Street, reported he is having a problem gaining access to his property. Mr. D. E. Sosa, City Manager, informed the Council that there is a public park behind his property and if we allow Mr. Broussard to enter his property from the rear there could be a liability to children. Mr. Sosa added that consideration could be given on the Possibility of granting an easement to his property but all utilities would have to agree to it. Mr. Sosa will contact Gulf States Utilities and keep Mr. Broussard informed. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 404, establishing a franchise for private garbage haulers in the City of Nederland contingent upon changing the terms from yearly to quarterly and providing two week notice of gross receipts. All Voted Aye. CONTRACT A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a one year contract extension with Unocal for collection of "in lieu of" taxes. All Voted Aye. 119 Minutes continued, September 10, 1990 AWARD BID A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to award bids for two new police cars to Kinsel Ford in the amount of $12,501.75 per car. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payments to W. E. Sanderson for professional services rendered in connection with the G.S.U. docket #8702 in the amount of $1,612.50, and authorize payment to Robert W. DuBose dba p.d. Technical Services Specialist for professional services rendered in connection with smoke testing of sewer lines in the City of Nederland in the amount of $275.00. All Voted Aye. MONTHLY BILLS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment of the bills for the month of August, 1990 as presented by the City Treasurer. All Voted Aye. ' EXECUTIVE SESSION The regular meeting was recessed at 3:55 p.m. for the purpose of conducting an Executive Session relative to employee benefits. The regular meeting was called back to order by Mayor LeBlanc at 4:30 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, presented the Council with a history of water and sewer rates since 1970 in an effort to help them see the historical pattern of the City's rate increases. The City Manager also asked if the Council had any objections to discontinuing garbage service outside the city limits. D. E. Sosa, City Manager, informed the Council that beginning October 1st all master meters will be billed by the number of units in the apartment or trailer complex. Letters have been prepared and sent to the customers that fall into these categories. D. E. Sosa, City Manager, advised the Council that once again the preliminary census figures showed the City of Nederland had decreased by 708 people. An attempt was made to refute these findings, however, there were no discrepancies on the block level therefore, we have no other way of disproving the findings of the preliminary census report. AUTHORIZE BIDS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize advertisement for bids to be received October 8, 1990 for one new trash truck and one new garbage truck. All Voted Aye. AWARD BID A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to award bids for two new police cars to Kinsel Ford in the amount of $12,501.75 per car. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payments to W. E. Sanderson for professional services rendered in connection with the G.S.U. docket #8702 in the amount of $1,612.50, and authorize payment to Robert W. DuBose dba p.d. Technical Services Specialist for professional services rendered in connection with smoke testing of sewer lines in the City of Nederland in the amount of $275.00. All Voted Aye. MONTHLY BILLS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment of the bills for the month of August, 1990 as presented by the City Treasurer. All Voted Aye. ' EXECUTIVE SESSION The regular meeting was recessed at 3:55 p.m. for the purpose of conducting an Executive Session relative to employee benefits. The regular meeting was called back to order by Mayor LeBlanc at 4:30 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, presented the Council with a history of water and sewer rates since 1970 in an effort to help them see the historical pattern of the City's rate increases. The City Manager also asked if the Council had any objections to discontinuing garbage service outside the city limits. D. E. Sosa, City Manager, informed the Council that beginning October 1st all master meters will be billed by the number of units in the apartment or trailer complex. Letters have been prepared and sent to the customers that fall into these categories. D. E. Sosa, City Manager, advised the Council that once again the preliminary census figures showed the City of Nederland had decreased by 708 people. An attempt was made to refute these findings, however, there were no discrepancies on the block level therefore, we have no other way of disproving the findings of the preliminary census report. 1zU Minutes continued, September 10, 1990 The City Manager informed the Council that the City Managers were reviewing the recycling proposals to make a recommendation to the Mid County Municipal League as soon as possible. The City Manager also informed the Council as to the status of an abandoned gas tank on city right -of -way. Mayor LeBlanc read a proclamation for the D.A.R.E. program. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:15 p.m. on September 10, 1990. ATTEST: �y Chris Serres, City Secretary City of Nederland, Texas aa'A= ' Carl N. LeBlanc, Mayor City of Nederland, Texas D J 1 121 CITY OF NEDERLAND ORDINANCE NO. 404 Oo AN ORDINANCE ESTABLISHING A FRANCHISE FOR PRIVATE GARBAGE HAULERS IN THE CITY OF NEDERLAND, TEXAS, BY REQUIRING A PERMIT FEE OF $20.00 PER TRUCK OF ALL GARBAGE, TRASH AND /OR RUBBISH WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND; LEVYING AN ANNUAL TAX EQUAL TO 7S% OF THE GROSS RECEIPTS TO BE PAID QUARTERLY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF NEDERLAND: SECTION 1: - Collection of Garbage, Trash and /or Rubbish by Private Persons, Firms or Corporations. A. A permit fee of $20.00 per truck shall be required of all private persons, firms or corporations collecting garbage, trash and /or rubbish within the City limits. B. There is hereby levied an annual tax equal to seven and one -half percent (7'%) of the total gross receipts (to be paid quarterly) of all persons, firms or corporations collecting garbage, trash and /or rubbish within the City limits. ' C. Each person, firm or corporation collecting garbage, trash and /or rubbish within the City limits and using the City streets therefor shall file a monthly report with the tax assessor - collector showing the total amount of its gross receipts collected from its customers for such services during each month and shall pay the aforesaid seven and one -half percent (7� %) on or before the 15th day of each April, July, October, and January of the succeeding year. D. Upon two weeks notice, each such person, firm or corporation shall make its books and records available to the tax assessor - collector to enable him to determine the correctness of any report of its gross receipts for the year filed with the City as required by this ordinance. E. If any person, firm or corporation shall fail or refuse to file an annual report showing its gross receipts, then its permit shall be automatically revoked and terminated; unless for good cause the city council shall extend such time. SECTION 2: - The quarterly gross receipts tax levied herein shall be placed in the General Fund for Street Improvements and shall be used only for street maintenance. SECTION 3: - If any provision, section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall for any reason be held to be unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this Ordinance and to this end all provisions of this Ordinance are declared to be severable. 1 �fi ORDINANCE NO. 404 Page 2 SECTION 4: - Any person, firm or corporation violating any provision of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not exceeding $200.00. Each day that such violation exists shall constitute a separate offense and be punishable as such hereunder. SECTION 5: - All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed but only to the extent of the conflict. SECTION 6: - This Ordinance shall be published by publishing the caption hereof one time in a newspaper of general circulation in the City of Nederland within ten (10) days after the passage hereof. SECTION 7: - This Ordinance shall be in effect January 1, 1991. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland held on the 10th day of September, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Setres, City Secretary City of Nederland, Texas APPROVED AS O FORM AND LEGALITY: J" W. E. Sander on, City Attorney City of Nederland, Texas C0111 I �l 1 AN ADDENDUM TO AN AGREEMENT BETWEEN THE CITY OF NEDERLAND, TEXAS AND UNION OIL COMPANY OF CALIFORNIA THE STATE OF TEXAS ) co� COUNTY OF JEFFERSON O CITY OF NEDERLAND ) WHEREAS, on the 15th day of Nay, 1990, the City of Nederland, Texas, a municipal corporation situated and having its principal offices in Jefferson County, Texas and operating pursuant to the authority of its home rule charter and the constitution and laws of the State of Texas, hereinafter referred to as the "City" and Union Oil Company of California (dba Unocal), a California corporation duly authorized to do business in the State of Texas and hereinafter referred to as "Company" entered into an agreement. Parties hereto, for good and sufficient consideration, agree to extend the contract which expired the 28th February, 1990 for one year from that date, making this addendum retroactive to the expiration date of February 28, 1990, and establishing a new Lon date of February 28, 1991. All of the other terms of this contract shall remain in -ce and effect including, but not limited to, all payments I to monies owned to the City of Nederland. 1231 124 ATTESTED AND COUNTERSIGNED: City Secr tary CITY OF NEDERLAND BY MAYOR / Council Member Couun/n//cil M er f Counc Member �- /i t Council Member i APPROVED AS TO FORM: City Attorney UNION OIL COMPANY OF CALIFORNIA (DBA UNOCAL) ' UNOCAL REFINING & MARKETING DIVISION CRUDE SUPPLY & TRANSPORTATION- E. E. SCOTT Vic President ATTEST: M AlowwaswWw C(a P1 1 r� 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. September 24, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on September 24, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Billy W. Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the September 10, 1990 meeting as written. All Voted Aye. ITEM TABLED A motion was made by Councilman Paulus and seconded by Councilman Sawyer to table any action regarding use of City property for private purposes (Mr. Clint Broussard) . All Voted Aye. PUBLIC HEARING A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to call a Public Hearing to be held October 22, 1990 at 6:30 p.m. for the purpose of receiving comments on Southern Union Gas Company's rate increase request. All Voted Aye. ORDINANCE A motion was made by Councilman Paulus and seconded by Councilman Sawyer to table any action amending Ordinance No. 155, raising water and sewer rates within the City of Nederland until after discussion of Item #9, plans and specifications incorporating the Union Oil water treatment plant into the City's water distribution system. All Voted Aye. AGREEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the City of Nederland to enter into an agreement for landfill services with the City of Beaumont under the Mid County Municipal League in the amount of $3.75 per cubic yard for a period of one year commencing October 1, 1990. All Voted Aye. 1251 126 Minutes continued, September 24, 1990 Contingent upon the City Attorney advising whether or not the City can enter into an agreement without accepting proposals from other engineering firms, and contingent upon the stipulation being added that this contract will become null and void should the City not receive grant monies, a motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize Town Design Group to act as engineers on the City's parks grant for the improvement of Doornbos Park. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize d.p. Consulting Engineers to proceed with plans and specifications, incorporating the Union Oil water treatment plant into the City's water distribution system contingent upon grant funding. All Voted Aye. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize amending Ordinance No. 155, increasing water and sewer rates within the City of Nederland. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Sawyer to authorize payment in the amount of $2,300.00 to p.d. Technical Services Specialist for services rendered in connection with the smoke testing of sewer lines ' in the City of Nederland. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize payment in the amount of $1,057.00 to Dean Pump, Inc. for the removal of an underground storage tank on city right -of -way near Jackson Avenue and Highway 347. All Voted Aye. AUTHORIZE BIDS A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize the advertisement of bids for three new pickup trucks for the Water and Street Departments to be received October 8, 1990. All Voted Aye. CONFERENCES A motion was made by Councilman Paulus and seconded by Councilman Schroeter authorizing Jerry McNeill, Emergency Management Coordinator and Billy Neal, Assistant Coordinator, to attend the Texas Gulf Coast Emergency Management Conference in Lake Jackson, Texas, October 31 - November 2, 1990. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, advised the Council that the property at 36th Street and Gary Avenue would be cleaned and a lien placed on the property in an effort to satisfy the neighbors who have been complaining about the grass and weed violations. Minutes continued, September 24, 1990 D. E. Sosa, City Manager, advised that the overlay program should begin within the next week to ten days, weather permitting. The City Manager advised the Council that Mr. LeBaron had decided to retain ownership of the street and grant the City an easement in order to separate water meters dedicated to individual duplexes. Councilman Paulus reported the tallow trees at Doornbos Park along the walkways needed to be trimmed to prevent citizens from being struck by low lying branches. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:45 p.m. on September 24, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ' Chris Serres, City Secretary City of Nederland, Texas 1 A 4 V I 28 COPY STATE OF TEXAS & COUNTY OF JEFFERSON & AGREEMENT This agreement is made and entered into by and between the City of Beaumont, a municipal corporation of the State of Texas acting herein through its duly authorized City Manager (herein "City "), and the Mid - County Municipal League, an association made up of the Cities of Port Neches, Nederland and Groves acting herein through their duly authorized city managers (herein "League "), as of the date of execution below. WHEREAS, League has requested City to accept municipal solid waste generated in the three cities which comprise League and collected by marked vehicles belonging to members of League; and I WHEREAS, City desires to accept the solid waste so generated at its Municipal Landfill at the end of Lafin Road (herein "Landfill') for a term of one (1) year. NOW, THEREFORE, in consideration of the premises and the covenants and conditions herein contained, it is hereby agreed by and between City and League as follows: City agrees to accept municipal vehicles of the cities which comprise League at its Landfill for a period of one (1) year commencing October 1, 1990. City agrees to accept municipal solid waste at its Landfill from residents of the cities which comprise League upon presentation of proof of such residency at the _ 129 Landfill gate. Tonnage of solid waste collected from such residents may be used in calculation of annual volume. The rate per cubic yard shall be Three Dollars, Seventy -Five Cents ($3.75) with a minimum payable to City of Four Hundred Twelve Thousand Dollars ($412,000). The fee provided for herein shall be paid to City in twelve (12) equal installments of Thirty- Four Thousand Three Hundred Thirty -Three Dollars and Thirty -Three Cents ($34,333.33) Orl-ro WP_ each, with the first payment due on or before October 10, 1990. In August -of 1991 City CV614: yA20t' shall calculate actual -tee - deposited at the Landfill and bill the League for every cubic yard so deposited in excess of 125,000 at a base rate of Four Dollars and Seventy -Five Cents ($4.75) per cubic yard. Any additional payment due City may be paid within 45 days. (Q% ' EXECUTED this the �� day of .J�/,iU/B�ie , 1990. CITY OF BEAUMONT MID - COUNTY MUNICIPAL LEAGUE Ray A Riley CITY OF NEDERLAND �bG?iil�li' 1 Y OF PORT NECHES /r_ 4_ CITY OF 066OVES P EXHIBIT "A" CO 130 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD O WATER AND SEWER RATES, WATER METER O DEPOSITS, WATER AND SEWER CONNECTIONS FEES, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION STATE NP.NDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. WHEREAS, a revision should be made in the deposits for water, sewer and garbage service. now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. 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) $ 4.00 $ 8.00 All over 2,000 Gallons (per M) 2.00 4.00 *Or as required by provisions of outside City contracts. *SEWER RATES 6 * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 5.70 - $ 11.40 All over 2,000 Gallons .90 1.80 Commercial (per month) 2,000 minimum 5.70 11.40 All over 2,000 Gallons (per M) .90 1.80 *Or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 50.00 $ 75.00 3/4" Water Tap 120.00 180.00 1" Water Tap 175.00 262.50 1'h" Water Tap 400.00 600.00 2" Water Tap 600.00 900.00 Over 2" Water Tap Material Cost + 208 * *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 150.00 225.00 8" Sewer Tap 200.00 300.00 WATER METER AND GARBAGE CONTAINER DEPOSITS Up to 3/4" Water Tap $100.00 $100.00 1" Water Tap 150.00 150.00 1�" Water Tap 200.00 200.00 1h" Water Tap 250.00 250.00 2" and up Water Tap 300.00 300.00 1 131 Residential (per month) Rate Sales Tax Total Inside City $ 10.30 $ .80 $ 11.10 Outside City 13.80 - 1.06 14.86 98 GALLON CONTAINERS Rate + 7.75% Sales Tax No. of 2 Pickups per Week 3 Pickups per Week 5 Pickups Per Week Containers Rate / Tax / Total Rate / Tax / Total Rate / Tax / Total 1 $ 19.20 $ 1.49 $ 20.69 $ 28.80 $ 2.23 $ 31.03 $ 48.00 $ 3.72 $ 51.72 2 38.40 2.98 41.38 57.60 4.46 62.06 96.00 7.44 103.40 3 57.60 4.46 62.06 86.40 6.70 93.10 144.00 11.16 155.16 4 76.80 5.95 82.75 115.20 8.93 124.13 192.00 14.88 206.88 5 96.00 7.44 103.44 144.00 11.16 155.16 240.00 18.60 258.60 6 115.20 8.93 124.13 172.80 13.39 186.19 288.00 22.32 310.32 7 134.40 10.42 144.82 201.60 15.62 217.22 336.00 26.04 362.04 8 153.60 11.90 165.50 230.40 17.86 248.26 384.00 29.76 413.76 9 172.80 13.39 186.19 259.20 20.09 279.29 432.00 33.48 465.48 10 192.00 14.88 206.88 288.00 22.32 310.32 480.00 37.20 517.20 350 GALLON CONTAINERS Rate + 7,758 Sales Tax No. of 2 Pickups per Week 3 Pickups per Week 5 Pickups per Week Containers Rate / Tax / Total Rate / Tax / Total Rate / Tax / Total 1 $ 28.80 $ 2.23 $ 31.03 $ 43.20 $ 3.35 $ 46.55 $ 72.00 $ 5.58 $ 77.58 2 57.60 4.46 62.06 86.40 6.70 93.10 144.00 11.16 155.16 3 86.40 6.70 93.10 129.60 10.04 139.64 216.00 16.74 232.74 4 115.20 8.93 124.13 172.80 13.39 186.19 288.00 22.32 310.32 5 144.00 11.16 155.16 216.00 16.74 232.74 360.00 27.90 387.90 6 172.80 13.39 186.19 259.20 20.09 279.29 432.00 33.48 465.40 7 201.60 15.62 217.22 302.40 23.44 325.84 504.00 39.06 543.06 8 230.40 17.86 248.26 345.60 26.78 372.38 576.00 44.64 620.64 9 259.20 20.09 279.29 388.80 30.13 418.93 648.00 50.22 698.22 10 288.00 22.32 310.32 432.00 33.48 465.48 720.00 55.80 775.80 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. II. A. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . B. This Ordinance shall take effect October 1, 1990. C� a �p 132 P7A / /SSED AND APPROVED by the CitY� Council of the City of Nederland, Texas this day of vU LZ�i!yyZ�Hh/ , 1990. ATTEST: Chris Serred, City Secretary City of Nederland, Texas APPROVED AS TO ORM AND LEGALITY: / " / n W.'E. Sanderson, City Attorney City of Nederland, Texas 007 Carl N. LeBlanc, Mayor City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 8, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on October 8, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Paulus. MINUTES A motion as made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the September 24, 1990 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve a proclamation declaring October ' 14 -20, 1990 as "National Higher Education Week" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve a proclamation declaring October 7 -13, 1990 as "Fire Prevention Week" in Nederland, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve a proclamation declaring September 30- October 5, 1990 as "Physical Therapy Week" in Nederland, Texas. All Voted Aye. PRESENTATION Bob and Fran Shields presented a plaque to Officer Darrell Bush for his dedicated service to the PATCH program. RECEIVE COMMENTS Comments were received from Mr. F. A. Peveto regarding the addition of fluoride to the City's drinking water. Mr. Peveto voiced his opposition to this practice. RECEIVE BIDS Stirling Copp, Director of Public Works, opened and read bids received for three (3) pickup trucks. The bidders were as follows: JK Chevrolet, Nederland, TX - $35,682.00; Beaumont Motor Company, Beaumont, TX - $32,443.74; Buddy Chevrolet, Port Arthur, TX - $32,757.63; and Energy Country Ford, Port Arthur, TX - $37,017.00. 133 134 Minutes continued, October 8, 1990 Stirling Copp, Director of Public Works, opened and read bids received for one (1) trash truck. The bidders were as follows: JK Chevrolet, Nederland, TX - $66,034.00; and Kinsel Ford, Beaumont, TX - $71,334.00. Stirling Copp, Director of Public Works, opened and read bids received for one (1) garbage truck. The bidders were as follows: Southwestern Equipment Co., Dallas, TX - $93,620.00, Alternate Bid "A" - $85,250.00 Alternate Bid "B" - $88,282.00; TMI Equipment, Houston, TX - $91,000.00 and Alternate Bid - $100,000.00; and Rush Enterprises, Inc., San Antonio, TX - $113,608.00. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to refer all bids received to Stirling Copp and staff for tabulation and recommendation. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment in the amount of $1,000.00 to p.d. Technical Services Specialist for services rendered in smoke testing of sewer lines in Nederland, and to authorize payment in the amount of $649.75 to d.p. Consulting Engineers for services rendered in keeping the City of Nederland current with the State Revolving Fund. All Voted Aye. A motion was made by Councilman Schroeter and seconded by , Councilman Sawyer to authorize payment in the amount of $234.21 to Mehaffy, Weber, Keith and Gonsoulin in connection with the Gulf States Utilities rate case. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment of the bills for the month of September, 1990 as presented by Chris Serres, City Treasurer. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 4:05 p.m. for the purpose of conducting an Executive Session relative to employee benefits, Gulf States Utilities pending litigation, Southern Union Gas pending litigation and employee identification. The regular meeting was called back to order by Mayor LeBlanc at 4:40 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that it may be possible to obtain a permit to rebuild the Unocal water treatment plant on City property. Councilman Schroeter reported that WalMart in erecting a fence behind the store and it appears the fire hydrant will be fenced in. Minutes continued, October 8, 1990 Councilman Paulus stated that the BFI garbage trucks have a large flashing amber light on them and suggested the City do the same to the residential and commercial garbage trucks. Councilman Paulus asked to have someone reappointed to the South East Texas Regional Planning Commission. Councilman Doornbos reported that a red light is out on the traffic signal at Nederland Avenue and 27th Street. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:50 p.m. on October 8, 1990. ATTEST: IV A Ez)'l Chris Serr , City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 135 136 1, r,i 4, Y i LAM AR UNIVERSITY . REAUMONT Proclamation N a "10 � 1g Qr COE 1 0 3i Vee k Octoa :r 14 -20, 1990 tVHER AS, over 26 million Americans have earned college degrees; and WHEREAS, our colleges and universities produce the mind power necessary to revitalize our nation and to beep America competitive internationally; through an educated workforce; and WHEREAS, an overwhelming number of our citizens -- throughout the generations -- have recognized that college does mane a difference; I WHEREAS, those who participate in higher education have a significant edge in the United States labor market and will earn SO to 60 percent more than high school graduates in their lifetimes; and WHEREAS, generations "of citizens benefit from the increased employment opportunities and intellectual growth that higher education yields; NOW, THEREFORE, I am pleased to join,, with my fellow citizens in in recognizing the vital role higher education plays in Texas, and I hereby designate October 14 -20, 1 990 ATational Higker Education Week and I urge all citizens to celebrate higher education s commitment to Generating Greatness in Every Generation. r /Mayor CaAZ N. "Cnbpo" eBYa.nc OatobeA 8, 1990 Date 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, the American Physical Therapy Association is observing a national physical therapy week entitled "For Every Body That Moves" and observation of this week is calling special attention to the contribution of physical therapy toward improving the quality of life and physical performance of people of all ages; and WHEREAS, the goals of the Sabine District of the Texas Physical Therapy Association are to achieve better lives for our ' citizens through the advancement of physical therapy education, practice and research; and WHEREAS, the Sabine District of the Texas Physical Therapy Association plays an integral role in continued efforts to provide care and assistance, coordinate activities, and disseminate information to promote fitness and good health; NOW, THEREFORE, I, Carl N. LeBlanc, Mayor of the City of Nederland, do hereby proclaim the dates September 30 through October 5, 1990, as PHYSICAL THERAPY WEEK in Nederland, Texas, and urge all public officials and private citizens to join with the physical therapy profession to secure better care for all our citizens. GIVEN under my hand and Great Seal of the City of Nederland this �— day of (UC stet , 1990. Carl N. "Cropo" LdBlanc, Mayor City of Nederland., Texas ATTEST: Chris Seri-es, City Secretary City of Nederland, Texas 138 MAYORAL PROCLAMATION WHEREAS Eighty percent of all fire fatalities in the United States occur in homes; and i WHEREAS Changing risky behaviors and identifying and removing home fire hazardsiwould prevent the majority of home fire fatalities; and i WHEREAS Hunting for home hazards is something every member of the family can do; and WHEREAS A family without a home fire escape plan which includes knowing two ways out of each room is a family with a home fire hazard; and WHEREAS The Nederland Fire Department and the fire service of this state are dedicated to the safety of life and property oflits protected citizens from the devastating effects of fire, and recognize the value of proper planning and preparedness before fire strikes; and WHEREAS The members of the fire service are joined by the citizens of this community, and busi- nesses, schools;'service clubs and organiza- tions in their fire prevention efforts. THEREFORE I, Carl N. LeBlanc , Mayor of Nederland, do hereby ' proclaim the week of October 7 -13, 1990, as Fire Prevention Week. This week commemorates the Great Chicago Fire of 1871, in which 250 persons were killed, 100,000 were left homeless,j'and more than 17,400 buildings were destroyed. I call upon the people of Nederland to participate in activities at home, work and school, and to do as the Fire Prevention Week theme for 1990 suggests, "Make Your Place Firesafe: Hunt for Home Hazards." In Witness Hereof, I hereunto set my hand this 8th day of October, the year of our Lord nineteen hundred and ninety. I Carl N,. LeBlanc, Mayor Co City of Nederland �J i ! ATTEST: I ! mo: LAqtla- Chris Ser es, City Secretary I 139 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 22, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on October 22, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the October 8, 1990 meeting as written. All Voted Aye. GUESTS Mayor LeBlanc welcomed Boy Scout Troop 131 and invited any questions and /or comments during the meeting. PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 6:35 p.m. for the purpose of discussing the proposed rate increase by Southern Union Gas Company. There being no questions and /or comments regarding the proposed rate increase by Southern Union Gas Company, Mayor LeBlanc adjourned the Public Hearing at 6:37 p.m. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Ordinance No. 405, establishing rates for Southern Union Gas Company within the corporate city limits of Nederland. D. E. Sosa, City Manager, read Ordinance No. 405 in its entirety. After the reading of the ordinance all voted Aye. RECEIVE COMMENTS Mr. Bob Thomas, on behalf of the Nederland Chamber of Commerce, commented regarding legislation for creating a Port Authority in Nederland and offered support for any efforts that might be pursued by the City of Nederland in developing the water front property owned by the City. Mayor LeBlanc thanked the Chamber of Commerce for their efforts to further develop Nederland. 140 Minutes continued, October 22, 1990 AWARD BIDS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to award bids as follows: three pickup trucks to Chevyland, Beaumont, TX in the amount of $32,443.74; one fully automated garbage truck to Southwestern Equipment Co., Lubbock, TX in the amount of $85,250.00; and, one trash truck to JK Chevrolet, Nederland, TX in the amount of $66,034.00. All Voted Aye. PLANNING & ZONING A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to vacate Williamsburg Park, Section Two, due to this section never being developed. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the Planning and Zoning Commission's recommendation to accept the preliminary and final plat of Atrium Place, Sections I & II, and accept 24th Street (previously a private street) with conditions set by the Planning and Zoning Commission, with the exception of landscaping located along both sides of and on the island in the center of 24th Street pending legal advise relative to the liability of the landscaping. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payments to p.d. Technical Services Specialist in the amount of $2,425.00 for services rendered in connection with rehabilitation of sewer lines and I to The Porter Company in the amount of $58,175.09 for overlay of streets. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 7:45 p.m. for the purpose of conducting an Executive Session relative to Ordinance No. 147 - leaves of absences and sick leave, policy for employee identification and work hours, investigation of employee theft and Russell Best vs. City of Nederland - personal injury at Avenue G neighborhood park The regular meeting was called back to order by Mayor LeBlanc at 8:40 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, explained to the Council the benefits of placing water and sewer under the heading of Public Works. This process will begin November 1, 1990 and was aimed at improving productivity and making better utilization of manpower. 1 Minutes continued, October 22, 1990 There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:40 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 141 ORDINANCE NO. 405 ORDINANCE REVISING THE RATES CHARGED FOR NATURAL GAS SOLD BY SOUTHERN UNION GAS COMPANY WITHIN THE CITY OF NEDERLAND, TEXAS; DECLARING THIS ORDINANCE TO BE A FINAL DETERMINATION OF RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Southern Union Gas Company filed with the City Council of the City of Nederland, Texas, on June 29, 1990, its Statement of Intent asking for a rate increase of $1,048,915.00 per annum. WHEREAS, in accordance with the provisions of the Texas Gas Utility Regulatory Act, said increase was suspended for a period of ninety (90) days by action of the City Council of the City of Nederland, Texas; and WHEREAS, the City Council of the City of Nederland, Texas, finds that an increase in the amount of $350,000.00 is in the best interest of said city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND: Section 1. Such increase per annum shall be collected by increasing the residential charge from $5.40 to $5.85 per month, with the balance of the increase to be apportioned equally among the various customer classes and reflected through an increase in the second and third rate blocks of each rate class's commodity charge, together with an equivalent level increase to be applied to transportation service customers. Section 2. Southern Union Gas Company shall, with ten (10) days hereof, file a tariff with the City reflecting such increase in the rates from and after the lst day of November, 1990. Such rates are hereby determined as the rates authorized to be charged and placed in effect by Southern Union Gas Company for natural gas service rendered from and after the lst day of November, 1990, through one (1) meter at one (1) location during monthly billing periods in the City of Nederland, Texas. Section 3. That the action of the City Council of the city of Nederland enacting this Ordinance constitutes, on the date of 1 1 143 its passage, a final determination of rates for Southern Union Gas Company within the City of Nederland in accordance with the provisions of the Texas Gas Utility Regulatory Act. Section 4. Such rate increases as determined above are the rates authorized to be charged and placed in effect by Southern Union Gas Company from and after November 1, 1990. Section 5. That Southern Union Gas Company shall file, within ten (10) days hereof, an unqualified acceptance of the rate provisions of this Ordinance; and the failure to promptly accept the rates prescribed herein within the specified time, or an attempted acceptance under protest, or with qualifications, or any appeal herefrom shall render the rate provisions of this Ordinance void and the rates presently in effect prior to the enactment of this Ordinance shall remain without change. Any such failure of the Company to accept the rate provisions hereof as provided above, or appeal herefrom, shall constitute a final determination and decision as of the date of passage hereof, that the rates currently in effect prior to the enactment of this Ordinance shall remain in effect. Section 6. That 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 of Nederland, Texas, under the law to regulate the rates and charges of Southern Union Gas Company. Section 7. That the City Clerk shall forthwith furnish a copy hereof, by certified mail, return receipt requested, to Southern Union Gas Company. Section 8. That 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, Texas, on the day of October, 1990. Carl N. LeBlanc, Mayor City of Nederland, Texas -2- COOP 144 ATTEST: Chris Ser es, 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 c(oill -3- 1 J 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. November 12, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on November 12, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Mayor LeBlanc. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the minutes of the October 22, 1990 meeting as written. All Voted Aye. AUTHORIZE BIDS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize advertisement for bids for one dump truck for the Street Department (Water Department truck to be used for trade -in). All Voted Aye. DISCUSSION A discussion was held between councilmembers and city staff on the options to correct infiltration points discovered through recent smoke testing of city sewer lines. ACCEPT STREET A motion was made by Councilman Sawyer and seconded by Councilman Paulus to table action regarding the acceptance of 24th Street (previously a private street). All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize final payment to p.d. Technical Services Specialist in the amount of $2,249.11 in connection with smoke testing of sewer lines; and authorize payment d.p. Consulting Engineers in the amount of $350.00 for services in connection with the City's wastewater permit; and, authorize payment of the bills for the month of October as presented by the City Treasurer. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 3:32 p.m. for the purpose of conducting an Executive Session relative to Ordinance No. 147 and the replacement of Stirling Copp, Director of Public Works. 145 1 146 Minutes continued, November 12, 1990 The regular meeting was called back to order by Mayor LeBlanc at 5:15 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS Councilman Doornbos reported that he had received a complaint from Nederland Memorial Funeral Home relative to poor drainage in that area. Councilman Doornbos stated that Bill Quick had suggested that the City may want to appoint a Library Committee to research grants, etc. to expand the library which could be dedicated in 1998. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:20 p.m. on November 12, 1990. ATTEST: Chris Serres, City Secretary City of Nederland, Texas L �'A. ;4&9' Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 26, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on November 26, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the November 12, 1990 meeting as written. All Voted Aye. PRESENTATION Presentation by Steve Hamilton and Donald Grigsby relative to plans for improvements to Doornbos Park, Phase III. LICENSES/ PERMITS A motion was made by Councilman Paulus and seconded by Councilman Sawyer to accept applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B. K. Hammerly dba American Legion Post 493 2. Irene Collins dba Irene's Lounge 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Donny G. Broussard dba Pizza Inn 6. Albert Ramirez dba Taco Rey 7. Constantine Megas dba The Schooner 8. Fuk Fong Lo dba The Golden Lion 9. Kimberly Michelle Sartin dba Sartin's 10. Dave Jones dba Novrozsky's All Voted Aye. PLANNING & ZONING Received comments from John Morrison, developer of Atrium Place, relative to shrubbery along 24th Street. He asked that the City allow the shrubbery to remain at the expense of Morrison Contractors who have agreed to maintain the shrubs as per city requirements. 1471 148 Minutes continued, November 26, 1990 After a full discussion a motion was made by Councilman Sawyer and seconded by Councilman Schroeter to accept the Planning and Zoning Commission's recommendation to remove all landscaping along 24th Street and to remove the island in the center of 24th Street. Councilmen Sawyer, Schroeter, Doornbos and Paulus Voted Aye and Mayor LeBlanc Voted No. POLICY APPROVAL A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve a new policy for after hours use of the City Office Building and to adopt an amendment to the existing travel policy. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment to W. E. Sanderson in the amount: of $619.50 for professional services rendered in the G.S.U. rate case; and, authorize payment to the City of Beaumont in the amount of $6,352.00, an amount that represents the landfill tax owed on Nederland waste disposed at the Beaumont landfill. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 7:45 p.m. for the purpose of conducting an Executive Session relative to replacement of Stirling Copp, Director of Public Works. The regular meeting was called back to order by Mayor LeBlanc , at 8:00 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, explained to the Council that the street sweeping contract called for sweeping certain streets once a month and other streets every other week. Furthermore, the street sweeper would start operating during daylight hours. Mayor LeBlanc asked the City Manager to research the ownership of the fence that separates Midway Trade Fair from the residential area behind it. The City Manager responded that he would research this and report back to the Council at the next meeting. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:10 p.m. Carl N. LeBlanc, Mayor . ATTEST: City of Nederland, Texas kL&P FZ � Chris Serres, City Secretary City of Nederland, Texas 1491 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. December 10, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on December 10, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Mayor LeBlanc. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the minutes of the November 26, 1990 meeting as written. All Voted Aye. RECEIVE BIDS Stirling Copp, Director of Public Works, opened and read bids ' received for one (1) dump truck. The bidders were as follows: JK Chevrolet, Nederland, TX - $23,973.00; Philpott Ford, Port Neches, TX $26,000.00; Wickersham Ford, Orange, TX $19,462.00; Atterbery Truck Sales, Beaumont, TX - $19,585.75; Energy Country Ford, Port Arthur, TX - $29,986.41. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to refer the bids received to Stirling Copp and staff for tabulation and recommendation. All Voted Aye. DONATION A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve the donation of used police radio equipment to the Lumberton Police Department contingent upon the cities of Groves and Port Neches approving same. All Voted Aye. RECEIVE COMMENTS Received comments from Mr. W. A. Stegeman, 1432 Avenue D, relative to City construction of his driveway approach during the refurbishing of his street. Mr. Stegeman complained his driveway was too steep. Mr. Stirling Copp responded that the final grade has not been set but should be completed in approximately two weeks. After a full discussion the Council asked Mr. Stegeman to wait until the job is complete before a final decision is made as to whether or not his driveway has to be redone. 150 Minutes continued, December 10, 1990 POLICY /CONTRACTS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize the City of Nederland, through the Mid County Municipal League and the city manager, to contract with B.F.I. for curbside recycling. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the City of Nederland to purchase radio equipment that will allow the Nederland Fire Department access to Texaco's 800 MHZ system through a lease purchase not to exceed $53,942.00. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize the City of Nederland to make supplemental payments of $10,000 per month to the Texas Municipal Retirement System. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize payment to d.p. Consulting Engineers in the amount of $450.10 for wastewater plant expansion waiver; authorize payment to Everette Browning for the City of Nederland's 1989 -90 audit; and, authorize payment of the bills for the month of November. All Voted Aye. RECESS Mayor LeBlanc called for a brief recess in the regular meeting at 4:32 p.m. The regular meeting was called back to order at 4:40 p.m. I EXECUTIVE SESSION The regular meeting was recessed at 4:40 p.m. for the purpose of conducting an Executive Session relative to Ordinance No. 147 and revisions of same and "in lieu of tax" contracts. The regular meeting was called back to order by Mayor LeBlanc at 5:10 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS Councilman Paulus requested a form letter be sent to citizens in the area of a major construction or renovation project by the City to inform them of the impending work. D. E. Sosa, City Manager, reported on the fence behind Mid Way Trade Fair. He stated the fence belongs to the property owner and due to the fact that the adjoining properties are zoned residential the City can require a privacy fence to be erected and the City would notify the owners. D. E. Sosa, City Manager, asked the Council for permission to have two poles set on Nederland Avenue near McDonald's for the Christmas Light Committee to be able to hang banners across Nederland Avenue. Minutes continued, December 10, 1990 There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5220 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 151 152 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 17, 1990 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at: 6:30 p.m. on December 17, 1990 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert: D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril. Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the December 10, 1990 meeting contingent upon including the words "negotiate a" contract with B.F.I. for curbside recycling under Policy /Contracts items. All Voted Aye. AWARD BIDS A motion was made by Mayor LeBlanc and seconded by Councilman. Sawyer to award bid for one ( 1) dump truck for the Public WorkE Department to Wickersham Ford, orange, Texas in the amount of $19,462.00. All Voted Aye. LICENSES /PERMITS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve applications received for "on premises" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B.K. Hammerly dba American Legion Post 493 2. Irene Collins dba Irene's Lounge 3. R.H.M. Corporation dba LaSuprema 4. Travis Neal Pierce dba Mazzio's Pizza 5. Donny G. Broussard dba Pizza Inn 6. Albert Ramirez dba Taco Rey 7. Constantine Megas dba The Schooner 8. Fuk Fong Lo dba The Golden Lion 9. Kimberly Michelle Sartin dba Sartin's Seafood 10. Dave Jones dba Novrozsky's 11. Sal Carfi dba Italian Restaurant and Flying Pizza All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to adopt Ordinance No. 406, Records Management, establishing an active and continuing records management program. All Voted Aye. i Minutes continued, December 17, 1990 EXECUTIVE SESSION The regular meeting was recessed at 6:40 p.m. for the purpose of conducting an Executive Session relative to personnel and legal matters. The regular meeting was called back to order by Mayor LeBlanc at 8:30 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the Texas Municipal Retirement System had advised the City that there would be no advantage to making supplemental payments every six months or yearly. This due to the fact that the system has two funds, one to pay updated service credit on retirees and the other to provide for future retirement benefits of employees who have not retired. If the City chose to pay yearly the TMRS would be forced to dip into the fund of present employees to pay updated service credit on retired employees. Since this fund earns interest at 11.3 %, therefore, it would not be wise to pay the supplement any other way but monthly. Councilman Paulus suggested a work session be held relative to the new personnel policy prior to the first of the year. Councilman Paulus reported the traffic signal at the intersection of Helena and Twin City is out. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:45 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 151 Carl N. LeBlanc, Mayor City of Nederland, Texas 151 154 CID ORDINANCE NO. 406 AN ORDINANCE ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM TO BE ADMINISTERED BY A RECORDS MANAGEMENT OFFICER; AND TO PRESCRIBE POLICIES AND PROCEDURES CONSISTENT WITH THE LOCAL GOVERNMENT RECORDS ACT AND IN THE INTERESTS OF COST - EFFECTIVE AND EFFICIENT RECORDXEEPING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1 - DEFINITION OF CITY RECORDS DEFINITION OF CITY RECORDS. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the City of Nederland or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Nederland and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner. SECTION 2 - ADDITIONAL DEFINITIONS 1. "Department Head" means the officer who by ordinance, order or administrative policy is in charge of an office of the City of Nederland that creates or receives records. 2. "Essential record" means any record of the city necessary to the resumption or continuation of operations of the City of Nederland in an emergency or disaster, to the re- creation of the legal and financial status of the City of Nederland, or to the protection and fulfillment of obligations to the people of the state. 3. "Permanent record" means any record of the City of Nederland for which the retention period on a records control schedule is given as permanent. 4. "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Nederland, their retention periods, and other records disposition information that the records management program may require. 5. "Records management" means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of record keeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space- effective storage of inactive records, the management of micrographic and electronic and other records storage systems. 6. "Records liaison officers" means the persona designated under Section 10 of this ordinance. 7. "Records management committee" means the committee established in Section 6 of this ordinance. 8. "Records management officer" means the person designated in Section 5 of this ordinance. 1 1 0 15 9. "Records management plan" means the plan developed under Section 7 of this ordinance. 10. "Retention period" means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. SECTION 3 - CITY RECORDS DECLARED PUBLIC PROPERTY All City records as defined in Section 1 of this ordinance are declared to be the property of the City of Nederland. No city official or employees has by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. SECTION 4 - POLICY It is hereby declared to be the policy of the City of Nederland to provide for efficient, economical, and effective controls over the organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. SECTION 5 - DESIGNATION OF RECORDS MANAGEMENT OFFICER The City Secretary, and the successive holders of said officer, shall serve as Records Management Officer for the City of Nederland. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. SECTION 6 - ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES A Records Management Committee consisting of the City Manager, City Secretary and Acting City Secretary is hereby established. The committee shall: a. Assist the Records Management Officer in the development of policies and procedures governing the records management program; b. Review the performance of the program on a regular basis and propose changes and improvements if needed; c. Review and approve records control schedules submitted by the Records Management Officer; d. Give final approval to the destruction of records in accordance with approved record control schedules; e. Study the feasibility of an, if appropriate, establish a uniform filing system and a forms design and control system for the creation of records; f. Study the feasibility of, recommend and approve the electronic storage of city records and the microfilming of city records; and, g. Actively support and promote the records management program throughout the City of Nederland. SECTION 7 - RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN; AUTHORITY OF PLAN a. The Records Management Officer and the Records Management Committee shall develop a records management plan for the City of Nederland for submission to the City Council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of record keeping, to adequately protect the essential records of the city, and to properly preserve those records of the city that are of historical value. The plan must be designated to enable the Records Management Officer to carry out his or her duties prescribed by state law and this ordinance effectively. 0 15 156 b. Once approved by the City Council the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the O City of Nederland and records shall be created, maintained, stored and microfilmed in accordance with said plan. c. State law relating to the duties, other responsibilities, or record „ keeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this ordinance and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the City of Nederland. SECTION 8 - DUTIES OF RECORDS MANAGEMENT OFFICER In addition to other duties assigned in the ordinance, the Records Management officer shall: 1. Administer the records management program and provide assistance to department heads in its implementation; 2. Plan, formulate, and prescribe records disposition policies, systems, standards and procedures; 3. In cooperation with department heads identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of the records in order to re- establish operations quickly and with minimum disruption and expense; 4. develop procedures to ensure the permanent preservation of the historically valuable records of the city; 5. Establish standards for filing and storage equipment and for record keeping supplies; 6. Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the City of Nederland; 7. Provide records management advice and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on -site consultation; R. Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives commission to determine if the records management program and the city's records control schedules are in compliance with state regulations; 9. Disseminate to the City Council and department heads information concerning state laws and administrative rules relating to local government records; 10. Instruct Records Liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; 11. Direct Records Liaison Officers or other personnel in policies of records inventories in preparation for the development of records control schedules as required by state law and this ordinance; 12. Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of city records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; 13. Maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; 15 o� 14. Report annually to the City Manager and to the City Council on the Records Liaison Officer for the implementation of the records management program implementation of the records management plan in each department of interests of the records management program more than one Records Liaison Officer the City of Nederland, including summaries of the statistical and should be designated for a department, the department head shall designate the fiscal data compiled under Subsection (13); and, 15. Bring to the attention of the City Manager non - compliance by all the records created and maintained by the department and shall have full department heads or other city personnel with the policies and In the event of the resignation, retirement, dismissal, or removal by action of procedures of the records management program or the Local Government the department head of a person designated as a Records Liaison Officer, the Records Act. SECTION 9 - DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS SECTION 11 - DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this ordinance, department heads shall: 1. Cooperate with the Records Management Officer in carrying out the a. Supervise or conduct inventories of the records of the department policies and procedures established by the City of Nederland for the amended records control schedules; efficient and economical management of records and in carrying out b. In cooperation with the Records Management officer coordinate and the requirements of this ordinance; 2. Adequately document the transaction of government business and the c. Disseminate information to department staff concerning the records services, programs, and duties for which the department head and his SECTION 12 - RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH or her staff are responsible; and, STATE 3. Maintain the records in his or her care and carry out their and Record Liaison Officers, shall prepare records control schedules preservation, microfilming, destruction, or other disposition only on a department by department basis listing all records created or in accordance with the policies and procedures of the records Records control schedules shall also contain such other information management program of the City of Nederland and the requirements of regarding the disposition of city records as the records management this ordinance. SECTION 10 - DESIGNATION OF RECORDS LIAISON OFFICERS 15 o� Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officer specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the City of Nederland maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department. SECTION 11 - DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this ordinance, Records Liaison Officers shall: a. Supervise or conduct inventories of the records of the department in preparation for the development of records control schedules and amended records control schedules; b. In cooperation with the Records Management officer coordinate and implement the policies and procedures of the records management program in their departments; and, c. Disseminate information to department staff concerning the records management program. SECTION 12 - RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE a. The Records Management Officer, in cooperation with department heads and Record Liaison Officers, shall prepare records control schedules on a department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of city records as the records management plan may require. 15 o� 158 b. Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is on compliance with records retention schedules issued by the state and that it continues to reflect the record keeping procedures and needs of the department and the records management program of the City of Nederland. C. Before its adoption a records control schedule or amended schedule O for a department must be approved by the department head and the members of the Records Management Committee. © d. Before its adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the director and librarian. SECTION 13 - IMPLEMENTATION OR RECORDS CONTROL SCHEDULES: DESTRUCTION OF RECORDS UNDER SCHEDULE a. A records control schedule for a department that has been approved and adopted under Section 7 shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. b. A reccrd whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head requests in writing to the Records Management Committee that the record be retained for an additional period. c. Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the Records Management Committee. SECTION 14 - DESTRUCTION OF UNSCHEDULED RECORDS A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 15 - RECORDS CENTER A records center, developed pursuant to the plan required by Section 7, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under Section 7. SECTION 16 - MICROGRAPHIC All microfilming of records will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming and the Records Management Officer will perform periodic reviews of the microfilming program as to cost - effectiveness, administrative efficiency, and compliance with commission rules. SECTION 17 - ELECTRONIC STORAGE All electronic storage of records will be reviews by the Records Management Officer. The records management plan will establish policies and procedures for 1 1 1 the electronic storage of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of electronic storage of records and the Records Management Officer will request permission of the Texas State Library and Archives Commission for the electronic storage of records as to cost - effectiveness, administrative efficiency and compliance with commission rules. PASSED AND APPROVED BY A UNANIMOUS VOTE OF THE CITY COUNCIL OF THE City of Nederland at its regular meeting this 17 day of December, 1990. S /CARL N. LEBLANC Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: S /CHRIS SERRES Chris Serres, City Secretary City of Nederland, Texas O APPROVED AS TO FORM AND LEGALITY: O S /W. E. SANDERSON W. E. Sanderson, City Attorney UUU City of Nederland, Texas 1 L 15, 160 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. January 14, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on January 14, 1991 at the Nederland City Office Building, 1.400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Doornbos. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the minutes of the December 17, 1990 meeting as written. All Voted Aye. PRESENTATIONS Ms. Debbie Gill presented a "363rd Tactical Fighter Wing Commanders Citizenship Award" to Mayor LeBlanc in recognition of the City's patriotic generosity, involvement and thoughtfulness during "Operation Desert Shield ". EXECUTIVE SESSION The regular meeting was recessed at 3:07 p.m. for the purpose of conducting an Executive Session relative to personnel matters. ' The regular meeting was called back to order by Mayor LeBlanc at 3:22 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. REPORTS Tom Hicklin, Safety Director, presented the Council with the 1990 Safety Report and gave a brief overview of the data. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the 1990 Safety Report as presented. All Voted Aye. Steve Hamilton, City Engineer, gave an overview of the Doornbos Park project. Mr. Hamilton stated that plans have been submitted to the Department of Parks and Wildlife and that a meeting has been set for next week to review the scheduling. He added that it is his hopes to receive bids in March. POLICY /COMMENTS Michael Young, 1424 - 24 Street, questioned the current policy regarding the placement of street lights. Mr. Young stated more street lights are needed in Christina Courts. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to instruct the City Manager and staff to work with Gulf States Utilities on a viable solution to the street lighting problems on 24 Street and to report back to the Council with a cost estimate. All Voted Aye. 1 fl Minutes continued, January 14, 1991 AGREEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Carl N. LeBlanc, Doornbos to approve an interlocal agreement with the cities City of Nederland, Texas of Port Neches and Groves for a crematorium. All Voted Aye. CONFERENCES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize the Mayor, City Council, City Manager, Police and Fire Chiefs and the Emergency Management Coordinator to attend the Emergency Management Conference in Austin, Texas February 26 -28, 1991. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment to d.p. Consulting Engineers in the amount of $409.50 for services relating to relocation of the Unocal water treatment plant to a Nederland site. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment of the bills for the month of December, 1990 as presented by the Treasurer. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, presented the Council with a copy of the proposed personnel policy. Mr. Sosa stated he would like to hold a workshop relative to the policy at the next afternoon meeting. Councilman Paulus inquired about the infiltration problems, in particular the grinder pumps the City is proposing to place in three areas that are extreme problems during heavy rains. Councilman Doornbos suggested that the City Manager, Police Chief and Fire Chief review the City's security at the Water Plant and other facilities. The City Manager explained that he would have a meeting for that purpose the next day. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:55 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1611 4 Ae"', Carl N. LeBlanc, Mayor City of Nederland, Texas 1611 162 ' ) STATE OF TEXAS COUNTY OF JEFFERSON This agreement is hereby made and entered into this 17th day of January , 1991 between the Cities of Groves, Port Neches, and Nederland, each City acting herein by and through its respective Mayor hereunto duly authorized by resolution. W I T N E S S E T H 1. PURPOSE: The purpose of this agreement is to construct, maintain, and operate a Mid County Animal Crematorium for the Cities of Groves, Nederland, and Port Neches. It being the intent of the parties hereto to comply with the provisions of Article 4413 (32c), V. A. C. S. 2. BOARD OF MANAGERS: The City Manager of each of the above Cities shall comprise the Board of Managers with the duties of development, planning and implementation, and general management. The City Manager of the City of Groves shall be responsible for the supervision of the facility. 3. MAINTENANCE & OPERATING FUND: The Cities of Groves, Nederland, and Port Neches shall share all maintenance and operating costs of this facility on an equal one -third (1/3) basis. The City of Groves will bill the Cities of Nederland and Port Neches on a monthly basis for their portion of the maintenance and operating costs. 4. CAPITAL DEVELOPMENT FUND: The cost of all capital improvements shall be shared by the three cities on an equal one -third (1/3) basis. All projects planned shall be approved by each City Council prior to construction or installation commencing or before a contract may be let. 5. GENERAL USAGE: Usage shall be restricted to the three principal cities herein named; however, other entities may be permitted use of the facility upon approval by the Board of Managers. 6. EFFECTIVE DATE AND DURATION OF AGREEMENT: The effective date of this agreement shall be January 17, 1991 and shall be for an indefinite term. However, any of the cities named herein may withdraw from this agreement upon providing written notice to the other cities at least ninety (90) days prior to its withdrawal from the agreement; and thereafter, such city withdrawing shall no longer be bound by any of the provisions expressed herein. 1 1 u 7. HOLD HARMLESS CLAUSE: Should any claim or cause of action arise from the cremation of any animal, then the city from whence the animal came shall indemnify and save the other cities harmless from any and all damages. Executed in triplicate originals this 17th day of January , 1991. CITY OF NEDERLAND Carl N. LeBlanc, Mayor ATTEST: Chris Serr s, City Secretary o CITY OF PORT NECHES ATTEST: h'^^%I i t3LLC� Nancy Good . City Secretary ATTEST: ene K. Graham, City Clerk 1 /j C_ aG"ry C. Graham, Sr.. Mayor CITY OF GROVES Sylve er Moore, Mayor 2 163 164 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. January 28, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on January 28, 1991 at the Nederland City Office Building, :1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the January 14, 1991 meeting as written. All Voted Aye. 41 PRESENTATIONS Mayor LeBlanc presented service pins to the following city employees: Darrell Marchand, Sr., 25 years service; James Boulet, 20 years service; and, Mark Clayton, 20 years service. ' Mayor LeBlanc expressed his, as well as the Council's, gratitude to all these employees for their service to the City of Nederland. REQUEST APPROVED A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to authorize Jefferson County Mosquitc Control to fly low over territory under the City of Nederland'=_ jurisdiction. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the Nederland Heritage Festival tc stripe the parking lot in front of the Chamber of Commerce tc mark locations of concession booths during the Heritage Festival. All Voted Aye. CONTRACTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table authorizing a contract with B.F.I. for recycling services for the City of Nederland. All Voted Aye. DELINQUENT TAX A motion was made by Councilman Paulus and seconded by Councilman Sawyer to table accepting bids received for delinquent tax properties. All Voted Aye. 1 Minutes continued, January 29, 1991 PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment to Town Design Group in the amount of $14,075.00 for work on the Doornbos Park project. All Voted Aye. EXECUTIVE SESSION A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. DISCUSSION Bill Earnest, Triangle Baptist Church, requested the use of public owned property for a rally to show support of our troops in the Middle East. The Council suggested to Mr. Earnest that, do to his expectations of a large attendance, he contact the Nederland School Board to request use of the Nederland Stadium. The Council added that, if his request was denied, he was welcomed to use the public property located in the 1500 Block of Boston Avenue. Mayor LeBlanc stated that he received a letter from an attorney in Beaumont asking for names of individuals who would be willing to serve on various State Boards. Any suggestions would be greatly appreciated. Earnest Bayard voiced his opinion relative to commercial garbage service. Mr. Bayard stated that he feels the problems need to be studied extensively. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:30 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas G 1.l�I Carl N. LeBlanc, Mayor City of Nederland, Texas 166 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 11, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on February 11, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. Councilman Billy W. Doornbos was absent. INVOCATION Invocation by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve the minutes of the January 28, 1991 meeting as written. All Voted Aye. ELECTION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the "Order Calling Election" providing for an election to be held May 4, 1991 for the purpose of electing two councilmembers; one from Ward I and one from Ward III; and to approve Resolution 1991 -1 appointing Mrs. Gladys Weaver, Election Precinct Judge; Mr. Haywood Weaver, Alternate Precinct Judge; and, Mrs. Chris Serres, Presiding Judge at the Central Counting Station. All Voted Aye. PRESENTATION Police Chief Billy Neal gave a brief overview of the 1990 Police Report. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to accept the 1990 Police Report as presented by Chief Billy Neal. All Voted Aye. POLICY /AGREEMENT A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to table any action regarding the street lighting problems in Christina Court Subdivision and to direct the City Manager to contact the developer, Mr. Bill Christian, to see if there is a viable solution to the street lighting problem in this subdivision. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an interlocal agreement with the City of Nederland, Port Neches and Groves to contract for recycling services with B.F.I. All Voted Aye. 1 1 1 1 i� Minutes continued, February 11, 1991 ENCROACHMENT A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve an encroachment agreement between Prudential Relocation Management Company and the City of Nederland for Lot 17, Block 6, Helena Park Section 3. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Paulus to authorize payment of the bills for the month of January, 1990 as presented by the City Treasurer. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed at 4:40 p.m. for the purpose of conducting an Executive Session relative to personnel and legal matters. The regular meeting was called back to order by Mayor LeBlanc at 4:50 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council and the City Attorney will be attending the Public Utilities Commission hearings in Austin next week. Councilman Paulus voiced his approval of the City's purchase of an AUTOCAD system for the City Engineer. Councilman Paulus reported drainage problems at Dock 5 road. Steve Hamilton responded that he had met with Jerry Braxton and they are working on a solution to the problem. WORK SESSION A work session was held on the proposed personnel ordinance (Ordinance No. 147). ADJOURNMENT There being no further business, the meeting was adjourned at 6:15 p.m. by Mayor Carl N. LeBlanc. - "42:� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas -1671 •� RESOLUTION 1991 -1 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Absentee Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED THAT I, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Mrs. Gladys Weaver Election Precinct Judge and Presiding Judge for the Absentee Ballot Board, Mr. Haywood Weaver Alternate Election Precinct Judge and Alternate Judge for the Absentee Ballot Board and appoint Chris Serres to serve as Presiding Judge at the Central Counting Station for the City of Nederland General Election to be held Saturday, May 4, 1991. ATTEST: Ny Chris Se res, City Secretary City of Nederland, Texas Ca =1 R eB anc, Mayor City of Nederland, Texas 1 ENCROACHMENT AGREEMENT STATE OF TEXAS 4 O KNOW ALL MEN BY THESE .PRESENTS: COUNTY OF JEFFERSON 4 THAT PRUDENTIAL RELOCATION MANACEMF.NT, a Division of PRUDENTIAL RESIDENTIAL SERVICES, LIMITED PARTNERSHIP, (hereinafter called 'Owner "), and the City. of Nederland (hereinafter called "City ") , do hereby enter' into the following agreement: I. \ WHEREAS, reference is made to that certain ten (10) foot wide utility easement lying along the rear lot line of Lot 17, Block 6, HELENA PARK, SECTION 111, City of Nederland, Jefferson County, Texas, and; II. WHEREAS, Owner purchased all that certain tract or parcel of land described as Lot 17, Block 6, HELENA PARK, SECTION III, City of-Nederland, Jefferson County, Texas, which is subject to same utility easement above referred to. III. Despite the provisions of the utility easement dedication and in express violation and contravention of the terms thereof, there is a portion of a swimming pool encroaching on a portion of the area covered and affected by the utility easement and which swimming pool was constructed without the consent, express or implied, of the City. IV. Under the terms of said utility easement dedication, the City has the legal right to the use of said utility easement unencumbered by any swimming pool or any other improvements erected thereon. V. In consideration of the agreement by the City to waive its legal right to demand removal of said swimming pool, and to waive any objections it may have to the location of said swimming pool, Owner on behalf of its successors and assigns, agrees to save harmless and indemnify the City of and from any and all damage, loss or expense arising because of any claim which may hereafter be presented by anyone for .loss and damage or personal injury caused as a result of the location of that portion of said swimming pool which encroaches upon the utility easement area or of the use, condition, existence or occupancy of that portion of such swimming pool by Owner, its employees, lessees, licensees, tenants or other persons using the same. Owner hereby agrees not to add to or enlarge any part of the swimming pool or to erect T.V., C.D., or any other antennas that would extend above said swimming pool as now located on the easement area hereinabove referred to. 170 VI. Owner on behalf of its successors and assigns, does hereby fully and forever release and discharge the City, its successors or assigns, from any and all claims in any way arising from any injuries, losses and damages to person or property sustained or received by reason of the use, condition, existence or occupancy of said swimming pool within the utility easement area. VII. This agreement is not to be construed as a waiver of any rights of the City with reference to other or future uses of said utility easement area by Owners or any other person; nor shall it be construed as a waiver of Owner's rights to damage or loss caused by the ,City's negligence occurring outside the utility easement area. .L IN WITNESS WHEREOF, this agreement is executed effective the R/- day of •4 , 1991. PRUDENTIAL RELOCATION MANAGEMENT, a Division of PIIUUEjd'FI-5�L ItESIllL•'N'fIAL SERVICES, LIMITED PARTNERSHIP By DEN 'I AL IIOMES CURPUItATION, its General Partner Authorized Signatory – ! +- ,-yr v! \ \J / CITY 0 • � :RLAND BY: zz STATE OF TEXAS 4 COUNTY OF JEFFERSON 4 This instrument was executed before m o�J� the // day of y 1991., by %Nt f ��. f of the City of Nederland, on behalf of the City of Ned erland. ty r 16(10^ ( 'rf/n r / =IA.DONN4 `'RY PUBLI I A D FOR TIIE STATE OF T E X A S STATE OF ,tif COUNTY OF -/YI ss: BEFORE ME, the undersI�gsne� nu hority, on this day personally appeared 1�av6 rnra aw lo'wtt rl5 2 s,gw�.vy of PRUDENTIAL HU ES CORPORATION, known t6 me to'be the person(s) whose name(s) s Nsubscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed as the act and deed of said Corporation and in the capacity therein stated. CIVT UNDER MY NAND AND SEAL OF OFFICE, this g day of �„ R:4:y t:RIiQ 5;5:2 i1 TaE5 5 NOTARY PUBLIC IN AND FOR �`L�•; My Coned^••2n 6p5e5 T!21/9] f . y THE STATE OF T E X A S �1Y�",SRS• ....may: •.s.+.:s..�I PLEASE RETURN TO: 171 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 P.M. February 19, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 5:30 p.m. on February 19, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Doornbos. EXECUTIVE SESSION The regular meeting was recessed by Mayor Carl N. LeBlanc at 5:32 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor LeBlanc at 6:35 p.m. Mayor LeBlanc reported that the Executive Session was conducted for the purpose of discussing litigation in the Gulf States Utilities' rate increase request. A motion was made b y Mayor or LeBlanc and seconded b CONTRACT APPROVAL Y Councilman Sawyer to accept the compromise offer proposed by Gulf States Utilities in Docket No. 8702 presently before the Public Utilities Commission subject to all other parties to Docket No. 8702 agreeing to the terms of the proposed settlement. Mayor Carl N. LeBlanc, aye; Councilman Robert D. Sawyer, aye; Councilman Doornbos, aye; Councilman W. Ceyril Paulus, nay; and, Councilman Will E. Schroeter, aye. Motion carried. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:37 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: l / ./ // Lt �e,1/ Chris Serres, City Secretary City of Nederland, Texas l 17 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. February 25, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on February 25, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Paulus. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the minutes of the meeting of February 11, 1991 and the special meeting of February 19, 1991 as written. All Voted Aye. 1 AGREEMENT A motion was made by Mayor Nagel and seconded by Councilman Doornbos to authorize approval of an agreement between the City ' of Nederland and Jefferson County for food inspection services as outlined in Nederland City Ordinance No. 396. All Voted Aye. AUTHORIZE BIDS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize bids to be received for one rubber tire backhoe and concrete breaker on March 11, 1991. All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize payment to Harold F. Locke, Registered Public Surveyor, for surveying services at Doornbos Park in the amount of $586.00; and, to d.p. Consulting for work on wastewater plant expansion waiver in the amount of $94.80. All Voted Aye. EXECUTIVE SESSION The regular meeting was recessed by Mayor Carl N. LeBlanc at 6:47 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order by Mayor LeBlanc at 7:15 p.m. Mayor LeBlanc announced that the Executive Session was conducted for the purpose of discussing personnel matters. Minutes continued, February 25, 1991 COMMUNICATIONS D. E. Sosa, City Manager, reported that the recycling bins are being delivered this week and B.F.I. will begin picking up recyclables on Monday, March 4. Councilman Paulus suggested that Steve Hamilton visit the water plant at Unocal to determine which parts need to be relocated. Councilman Paulus suggested that in the event Councilman Sawyer does not seek re- election he would like to see the personnel ordinance completed before the election. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:21 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: t Q Q4' c x La onna Floyd, ng City Secretary ' City of Nederland, Texas l� u 1731 174: THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT WHEREAS, the governing bodies of the parties herein finds the following agreement to be in the best interest of the citizens they serve; and, WHEREAS, Article 3, Section 64 of the Texas Constitution and Article 4413 (32c) of the Revised Civil Statutes of Texas authorize counties and cities in the State of Texas to contract with one another for the performance of various governmental functions and services, including those in the area of public health and welfare; and, 1 WHEREAS, Jefferson County and the City of Nederland, pursuant to the Constitution and the laws of the State of Texas, desire to , make and enter into a contract whereby Jefferson County will make available to the City of Nederland its program regulating food service establishments, retail food stores, mobile food units and roadside food vendors. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Jefferson County, hereinafter referred to as "County ", acting herein by and through R.P. LeBlanc, Jr., its duly authorized County Judge, as directed by the Commissioners' Court of Jefferson County, Texas, and the City of Nederland, a municipal corporation situated in Jefferson County, Texas, hereinafter referred to as "City ", acting herein by and through Carl N. LeBlanc, its duly authorized Mayor, do hereby covenant and agree as follows: I. County will make available to City, for the protection of its residents, its program regulating food service establishments, retail food stores, mobile food units and roadside food vendors. II. The Jefferson County Health Department, through its permitting COPY procedure, will provide its services to all food establishments, retail food stores, mobile food units and roadside food vendors located within the corporate limits of City during the term of this agreement. The said services shall follow the Order passed by the Jefferson County Commissioners' Court on March 28, 1988, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. III. City agrees to provide the Jefferson County Health Department, within ninety (90) days of the commencement of this agreement, proof of the existence of whatever ordinances may be necessary to adopt the current Texas Board of Health "Rules on Food Service Sanitation "; designate the Health Authority of Jefferson County as Health Authority for the purposes of this agreement; require all food units and roadside food vendors located within the corporate ' limits of City to maintain a valid health permit; adopt health permit fees as established by the Jefferson County Commissioners' Court in unincorporated areas of County for each permanent and temporary food establishment, retail food store, mobile food unit and roadside food vendor; and assign to the Jefferson County Health Authority the authority to collect health permit fees directly from permit applicants. IV. City Shall be responsible for the enforcement of the City's health ordinances. V. The term of this agreement is for a period of one (1) year commencing on February 1, 1991 and ending January 31, 1992 and continuing year to year thereafter unless either the County or City provides thirty (30) days notice to the other that an amendment or termination is necessary. County is an independent contractor under the terms of this agreement and is not an officer, agent, servant or employee of „ City. 175 176. .T EXECUTED this day of A. D. in Jefferson County, Texas. COUNTY OF JEFFERSON By: ti R. c P. LeBlanc, Jr., County Judge ATTEST: B�li��(/ , un —yOerk p y fLJ Deputy ATTEST: ,cam LaDonna Floyd Acting City Secretary APPZ2QVrAS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney CIOQ�s CITY OF_NEDERLAND By: Carl N. LeBlanc, Mayor 1 I 1 1 7 U REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. March 11, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on March 11, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to approve the minutes of the February 25, 1991 meeting as written contingent upon changing paragraph 4 to read "A motion was made by Mayor LeBlanc" instead of "A motion was made by Mayor Nagel ". All Voted Aye. PROCLAMATION A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve a proclamation declaring March 10 -16, 1991 as "Girl Scout Week" in Nederland. All Voted Aye. PERMITS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve granting Houston Pipeline Company a surface easement (5' x 22' surface site across City of Nederland 2.970 acre tract in Wm. Carroll Survey A -13, Jefferson County, Texas) contingent upon Houston Pipeline Company relocating the easement to the far corner of the property, adding a hold harmless clause, increasing the consideration to $1,000, and authorizing the Mayor to sign the agreement on the City's behalf. All Voted Aye. CONSTRUCTION A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to table authorizing curb, gutter and laydown work to be conducted by Excavators and Constructors on South 141/, Street in order for the staff to receive more proposals on said work. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to approve remedial and inspection work to be done on the South 5 Street water tank by Don Reichle and Associates at an approximate cost of $3,000. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize removal and soil inspection of underground gasoline tank behind the police station. All Voted Aye. i 't 6 Minutes continued, March 11, 1991 A motion was made by Councilman Paulus and seconded by Councilman Sawyer to authorize purchase of a flow meter and /or related attachments for the purpose of gathering information and measuring the progress of the City's infiltration reduction efforts. All Voted Aye. BIDS Received bids for one rubber tire backhoe and concrete breaker. The following bids were received: Mustang Tractor and Equipment Company, Beaumont, TX, $23,300. A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to award bid for one rubber tire backhoe and concrete breaker to Mustang Tractor and Equipment Company of Beaumont, Texas in the amount of $23,300, contingent upon money being available in the 1990 -1991 budget. All Voted Aye. CONTRACT A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve an "in lieu of tax" contract with Sun Oil Company with the expiration date being December, 1996. All Voted Aye. CITY SERVICES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize a Public Hearing to be held at the March 25, 1991 meeting at 6:30 p.m. and at the April 8, 1991 meeting at 3:00 p.m. for the purpose of receiving comments I from citizens regarding implementation of once -a -week garbage service. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize reimbursement for utilities not to exceed $2,000 each for Mid County Babe Ruth and Senior Babe Ruth Leagues, Nederland South Little League and Girls' Softball League for the 1991 season. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize a waiver of the pool rental fee for Y.M.C.A. swimming lessons for the summer of 1991. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment to Harold Locke and Associates for topographic work on South 141/2 Street in the amount of $278.75; and, for surveying services for landfill near Dock Road No. 5 in the amount of $491.40. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Sawyer to authorize payment of the bills for the month of February, 1991 as presented by the City Treasurer. All Voted Aye. 1 1 I I Minutes continued, March 11, 1991 EXECUTIVE SESSION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table the Executive Session. All Voted Aye. RECESS The regular meeting was recessed by Mayor Carl N. LeBlanc at 4:55 p.m. The regular meeting was called back to order by Mayor LeBlanc at 5:05 p.m. COMMUNICATIONS Councilman Sawyer commented on the yellow ribbons and flags placed along Boston Avenue. Councilman Paulus wanted to publicly thank Mr. and Mrs. Harris of Heritage Florists for making the boutonnieres the Council wore to the Emergency Management Seminar. Councilman Doornbos suggested a Resolution be prepared listing the persons who donated money for the renovation of Doornbos Park. Mayor LeBlanc informed the Council that there are 46 men and women from Nederland serving in the Middle East. He added that a lady with Home Sweet Home is planning a homecoming celebration in Beaumont on the 4th of July. Mayor LeBlanc suggested a celebration be held in Nederland on Memorial Day - May 30. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:15 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas .17'(- � 180 CITY OF NEDERLAND A PROCLAMATION WHEREAS, March 12, 1991 is the 79th anniversary of the founding of Girl Scouts of the U.S.A., the largest voluntary organization for girls in the world; WHEREAS, Girl Scouting is a vital organization for girls who are growing up, enabling them to develop self- esteem and leadership skills, and providing an atmosphere of warm and true friendship; WHEREAS, the Girl Scout program not only reflects the enduring values and standards that have been part of the organization since 1912, but also lends itself to the special and unique situation of girls in the 19901s; WHEREAS, the Girl Scouts of all ages have made important contributions to the life of this, our own home community, NOW, THEREFORE, I, Carl N. LeBlanc, by virtue of the authority vested in me as mayor of Port Arthur, hereby proclaim March 10- 16, 1991 as "Girl Scout Week" in Nederland, Texas and thus do urge the citizens of Nederland to support in every way the activities and endeavors of Girl Scouts. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 11th day of March, 1991, A.D. Carl N. "Cropo" XeBlarnc, Mayor City of Nederland, Texas ATTEST: I Chris Se es, City Secretary City of Nederland, Texas 1 181 cop��, AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § 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 Sun Pipe Line Company, a Pennsylvania corporation with permit to do business in Texas, and its subsidiaries are assigned, hereinafter called "Company "; WHEREAS, Company is the owner of the property described in paragraphs I. and II. save and except a portion of that property conveyed to the City of Nederland, a description of which is marked Exhibit "A ", attached hereto and made a part hereof for all ' purposes; and, WHEREAS, the City and Company acknowledge the existence of Ordinance Nos. 170 and 172 annexing a portion of the Company's property the City as described in paragraph I.; and, WHEREAS, the City and Company recognize that an industrial district agreement establishing an industrial district within the portion of Company's property described in paragraph II. has been in existence since March 20, 1961, as renewed and revised on several occasions thereafter; and, WHEREAS, City and Company wish to continue such Agreement, with alterations as included herein and in instances of conflict, this document shall govern for any and all purposes, for an additional period of time; and, WHEREAS, Article I. Section 5, of Chapter 160, Page 447, Acts of the 58th Legislature of Texas, 1963, grants the City the right, power and authority to designate any part of the area located within its extraterritorial jurisdiction as an industrial district and grants to the City the right and power to enter into an Agreement with Company to guarantee the continuation of the 182 ICU extraterritorial status of the hereinafter described real estate of Company for a length of time not to exceed seven (7) years. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which is acknowledged 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 affirmative finds, that the following described real estate was annexed to City by Ordinance 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 51 deg. 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 5 deg. 02' 01" East 906.81 feet to a point for corner in a fence line; THENCE South 77 deg. 00' 37" West 527.81 feet with said fence to a point for corner, said corner being the P. C. of a 6 deg. 12' 06.92" curve to right; THENCE with said curve 492.58 feet to the P. T. of curve; THENCE North 63 deg. 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 47 deg. 47' 38" West 3075.01 feet to the west corner of said Sun oil Company property; THENCE North 42 deg. 02' 05" East 563.59 feet to a point; THENCE South 69 deg. 26' 35" East 421.88 feet to a point; THENCE North 52 deg. 09' 00" East 2528.10 feet to a point; THENCE North 32 deg. 42' 52" East 3279.44 feet to a point; THENCE North 26 deg. 58' 36" East 2395.97 feet to the north corner of said Sun oil Company property on the Government west right -of -way line of Neches River Cutoff; THENCE South 74 deg. 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 70 deg. 56' 37" East 930.00 feet; 2 1 1 1 North 84 deg. 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 3 deg. 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 84 deg. 42' 41" West 963.18 feet to a point; THENCE North 70 deg. 56' 37" West 948.44 feet to a point; THENCE North 74 deg. 32' 00" West 2016.23 feet to a point; THENCE South 26 deg. 58' 36" West 2319.30 feet to a point; THENCE South 32 deg. 42' 52" West 3301.58 feet to a point; THENCE South 52 deg. 09' 00" West 2601.13 feet to a point; THENCE North 69 deg. 26' 35" West 409.66 feet to a point; THENCE South 42 deg. 02' 05" West 395.77 feet to a point; THENCE South 47 deg. 47' 38" East 2975.36 feet to a point; THENCE South 63 deg. 54' 06" East 153.71 feet to the P. C. of a 657' 18.7" curve to left. THENCE with said Curve 439.24 feet to the P. T. of curve; THENCE North 77 deg. 00' 37" East 665.50 feet to a point; THENCE South 5 deg. 02' 01" West 990.42 feet to a point; THENCE South 51 deg. 47' 27" East 542.15 feet to a point; THENCE South 38 deg. 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 51 deg. 47' 27" West 100.00 feet with said east right -of -way line of Kansas City Southern Railroad property to the place of beginning. (2) BEGINNING at a point being the intersection of the Southeastwardly line of Block 17, Range D, Port Arthur Land Company subdivision and the south right -of -way line of State Highway F. M. 366; THENCE along the south right -of -way line of State Highway F. M. 366 South 78 deg. 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 36 deg. 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 78 deg. 44' east parallel to and 25 feet distant from the south right -of -way line of State Highway F. M. 366, to an intersection with the present Nederland City Limits; THENCE Northerly along the present Nederland City Limits 25 feet more or less to an intersection with the south right - of -way line of State Highway F. M. 366; said point being a 3 184 �_� corner of the present Nederland City Limits; U THENCE along the south right -of -way line of State Highway F. M. 366 south 78 deg. 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 extraterritorial jurisdiction of City, as that term is used in Article 1 of Chapter 160, Page 447, Acts of the 58th Legislature of Texas, 1963, and that the extraterritorial jurisdiction of the city shall expand to and compromise all of the territory hereinafter described, notwithstanding the fact that the extraterritorial jurisdiction of City may be extended beyond the distant limits imposed by Subsection A. of Section 3 of Article 1, Chapter 160, Page 447, of the 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; THENCE North 42 deg. 02' 05" East 563.59 feet to a point; THENCE South 69 deg. 26' 35" East 421.88 feet to a point; THENCE North 52 deg. 09' 00" East 2528.10 feet to a point; THENCE North 32 deg. 42' 52" East 3279.44 feet to a point; THENCE North 26 deg. 58' 36" East 2395.97 feet to the north corner of said Sun Oil Company property on the Government west right -of -way line of Neches River Cutoff; THENCE South 74 deg. 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 70 deg. 56' 37" East 930.00 feet North 84 deg. 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 3 deg. 48' 27" East 952.63 feet to a point for corner; THENCE South 38 deg. 25' 16" West 8634.90 feet to a point for corner; THENCE South 58 deg. 05' 01" West 342.82 feet to a point for corner; 4 1 [I �L 185 THENCE North 78 deg. 48' 58" East 1910.53 feet to a point for the north corner of said Sun Oil Company property; THENCE South 3 deg. 30' 00" East 749.70 feet to a fence corner for the east corner of said Sun Oil Company; THENCE South 85 deg. 09' 36" West 156.80 feet along said fence to a corner; THENCE South 37 deg. 16' 47" West 2131.24 feet along said fence to the south corner of said Sun Oil Company property; THENCE North 53 deg. 20' 42" West 1620.23 feet to a point in a fence line for corner; THENCE South 36 deg. 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 51 deg. 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 paragr ph II shall be as specifically set out in Section IV (B). /f /�� It is specifically agreed and understood by the City and the Company 5 THENCE South 77 deg. 00' 37" West 0 963.50 feet to a point for O a corner, said corner being the P. C. of a 6 deg. 12' 06.92" curve to right; THENCE with said curve 492.58 feet to the P. T. of curve; THENCE North 63 deg. 04' 29" West 196.37 feet to a point for corner; THENCE North 47 deg. 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 right - of -way line of Kansas City Southern Railroad property; THENCE North 5 deg. 02' 01" East 790.50 feet to a point; THENCE North 76 deg. 45' 01" East 635.0 feet to a point; THENCE North 78 deg. 03' 01" East 2240.0 feet to a point; THENCE North 78 deg. 48' 58" East 1910.53 feet to a point for the north corner of said Sun Oil Company property; THENCE South 3 deg. 30' 00" East 749.70 feet to a fence corner for the east corner of said Sun Oil Company; THENCE South 85 deg. 09' 36" West 156.80 feet along said fence to a corner; THENCE South 37 deg. 16' 47" West 2131.24 feet along said fence to the south corner of said Sun Oil Company property; THENCE North 53 deg. 20' 42" West 1620.23 feet to a point in a fence line for corner; THENCE South 36 deg. 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 51 deg. 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 paragr ph II shall be as specifically set out in Section IV (B). /f /�� It is specifically agreed and understood by the City and the Company 5 186 O `uJ ordinance No.s that this Agreement shall not affect the validity of O r 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 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 Ordinance Nos. 170 and 172 in accordance with the Constitution and Laws of the State of Texas and the City, a political subdivision thereof save and except that portion previously conveyed to the City of Nederland a description of which is marked Exhibit "A ", attached hereto and made a part hereof for all purposes. It is specifically agreed that Company will render and the City through its authorized officers or representatives, will asses Company's property which lies within the corporate limits of City 6 1 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, over a seven (7) year period an amount to be arrived at in the following manner, to -wit: For taxable years 1990 and 1991 the Company shall pay to the City 70% of that amount of taxes arrived at by the Jefferson County Appraisal District on land and improvements and 20% of the amount of taxes arrived at by the Jefferson County Appraisal District on products on hand by the Company. For the taxable years 1992 and 1993, the Company agrees to pay to the City 75% of that amount of taxes arrived at by the Jefferson County Appraisal District on land and improvements and 20% of the amount of taxes arrived at by the Jefferson County Appraisal District on products on hand. For the taxable years 1994, 1995, and 1996 the Company agrees to pay to the City 80% of the taxable amount of taxes arrived at by the Jefferson County Appraisal District on land and improvements and 20% of the amount of taxes arrived at by the Jefferson County Appraisal District on products on hand. V. The payments to be made by Company under paragraph IV. (A) above are tax payments and not payments in lieu of taxes. All taxes required to be made under the terms of this Agreement shall be due and payable. Upon receipt of the tax payment set forth in paragraph IV. (A) above, City will issue an official receipt of City fall full and complete payment of all ad valorem taxes upon property of the Company within the limits of the City for the tax year involved and City will also issue its receipt for all payments made under the terms of this Agreement upon receipt of such payment. 7 187 `./ VI. In the event that City should for any reason dissolve or become disestablished in any manner during the term hereof, any unaccrued obligations, if any, of the Company hereunder shall immediately cease and any accrued obligations hereunder shall remain in full force and effect. VII. The terms of this Agreement shall be for a period of seven (7) years, commencing on the 1st day of January, 1990 and ending on the 31st day of December, 1996; provided, however, that in the event this Agreement is not renewed and extended in the same or amended form on or before the first day of December, 1996, this Agreement of the City not to annex additional property of the Company shall terminate on said date of December 31, 1996. 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 Agreement are hereby found and declared to be separate, distinct and divisible from the covenants to be performed during any other year that this Agreement is to be in effect. If this Agreement is declared adjudicated to be invalid for any year or years, such declaration or adjudication shall not affect the validity of the Agreement for any other year. IX. The terms and provisions hereof shall be binding upon and inure to the benefit of City and Company and the successors and assigns of the parties hereto. X. This Agreement is prepared in duplicate, each copy of which when fully executed shall be deemed as original. 8 I XI. Coo fp�( This Agreement shall become effective, regardless of the day 1 9 1$u the Agreement is executed, on the 31st day of December, 1990. IN WITNESS WHEREOF, this Agreement is executed as of the 0 / l day of 'm' 'x THE CITY OF NE 51E LAND • 4 /• Carl N. LeBlanc, Mayor ATTEST AND COUNTERSIGNED: Chris Serre , City Secretary COUNCILMEN: Robert Sawyer ' Will Schroeter / Ceyril Paulus n Billy Doo bos APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney SUN PIPE LINE COMPANY By: 1 9 1$u 190 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 25, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on March 25, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the March 11, 1991 meeting as written. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Resolution 1991 -2 authorizing the City to participate in the grant application for grant funds from the Texas Narcotics Control Program. All Voted Aye. PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 6:38 p.m. for the purpose of discussing City of Nederland garbage service ' changing from twice a week pick up with once a week recycling pick up to once a week pick up with once a week recycling pick up. D. E. Sosa, City Manager, gave a brief overview of the upcoming problems and regulations from the Environmental Protection Agency regarding landfills. The recycling efforts will greatly reduce the waste being disposed at the landfill. Persons attending the Public Hearing were as follows: Joe Deschaine, 315 Avenue F; Bill Doucette, 1419 - 25 Street; Ben Murillo, 116 South 2 Street; and, Robert Rothrock, 213 - 5 Street. The consensus of the citizens present was that they had no negative feelings toward once a week pick up, but wanted some assurance by the City that the garbage would be picked up once a week. There being no further questions and /or comments regarding the change in garbage service Mayor LeBlanc adjourned the Public Hearing at 7:20 p.m. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table taking action on placing "no parking" signs on 15th Street from Franklin Avenue to Helena until this matter could further be investigated by the Police Department. All Voted Aye. 191 Minutes continued, March 25, 1991 A motion was made by Councilman Paulus and seconded by Councilman Schroeter to table placing "no parking" signs along Avenue B at South 9th Street for further investigation by the Police Department. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to table approving Ordinance No. 407, prohibiting scavenging of recycling materials from residential areas. All Voted Aye. RECEIVE BIDS Bids were opened and read for Doornbos Park, Phase II, improvements. Bidders were as follows: Austin Rio Construction Co., Austin, TX - $297,250.00; and Excavators and Constructors, Beaumont, TX - $348,923.00. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize the staff to negotiate with the low bidder relative to lowering the contract bid to within the budgeted amount and then report back to the Council at the next meeting. All Voted Aye. PROPOSALS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize curb, gutter and lay -down work for South 141h Street by Excavators and Constructors in the approximate amount of $25,000. All Voted Aye. ' was made b mayor LeBlanc and seconded b Councilman AGREEMENTS A motion y y y Schroeter to enter into an agreement with Jefferson County Water District #10 Volunteer Fire Department for fire fighting equipment and personnel contingent upon the phrase "any questions on equipment use will be settled by mutual agreement between the chiefs "' being removed from the contract. Mayor LeBlanc, Councilman Doornbos, Councilman Paulus and Councilman Schroeter voted Aye. Councilman Sawyer voted Nay. SUBDIVISION A motion was made by Councilman Paulus and seconded by Councilman Schroeter to table approving and accepting Atrium Place Subdivision. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that Southern Union Gas Company would be filing a rate increase request during the upcoming week. He also stated that someone from Southern Union Gas may be contacting each council member individually to discuss this increase request but suggested that it would be more prudent for the Council to meet with Southern Union Gas as a whole instead of individually. Councilman Doornbos inquired into the port possibility that was proposed by the Chamber of Commerce. Mr. Sosa informed the Council that until a viable project was proposed, a port is not feasible at this time. 192 Minutes continued, March 25, 1991 Councilman Sawyer commended the staff for a job well done during the Heritage Festival. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:15 p.m. ATTEST: . �JAI'Z2" Ljl� Chris Serre , City Secretary City of Nederland, Texas 612xtm. 4, - Carl N. LeBlanc, Mayor City of Nederland, Texas 1 193 . 00 O CITY OF NEDERLAND RESOLUTION 1991 -2 WHEREAS, the Sheriff of Jefferson County has prepared an application for a grant from the Texas Narcotics Control Program, and WHEREAS, the application proposes funding for equipment and personnel for the Jefferson County Sheriff's Department, Port Arthur Police Department and the Nederland Police Department to impact the large flow of dangerous drugs entering Jefferson County, WHEREAS, the application proposes to enter the Nederland and Port Arthur Police Departments into a joint Jefferson County Narcotics Task Force with the Sheriff of Jefferson County to wage war on drug traffickers within Jefferson County, WHEREAS, federal funds available under provisions of the Anti- ' Drug Abuse Act of 1988 are being administered and disbursed pursuant to a statewide strategy developed by the Criminal Justice Division, Office of the Governor and the Jefferson County Sheriff's Department would be an appropriate expenditure of said funds in response to the statewide strategy and needs of the affected counties, to address the illicit controlled substance abuse activities therein. It is therefore RESOLVED that the City Council of the City of Nederland supports the efforts of the Jefferson County Sheriff in his attempt to fund the Jefferson County Sheriff's Department and endorses this application for grant funds for said Sheriff's Department from the Texas Narcotics Control Program as administered by the Criminal Justice Division, Office of the Governor, State of Texas. FURTHERMORE, the City Council authorizes the expenditure of funds required to match the portion set out for the Nederland Police Department's contribution in matching funds. 194 00?l ATTEST: dLo Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E.'SaYiderson, City Attorney City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 r� 1 THE STATE OF TEXAS § COUNTY OF JEFFERSON § AN AGREEMENT COP This agreement between the City of Nederland Municipal Corporation of the State of Texas, acting by and through the City Council of the City of Nederland and the Jefferson County Water District #10 Volunteer Fire Department, acting by and through the Board of Directors of the Jefferson County Water District #10 Volunteer Fire Department agrees as follows: I. That the City of Nederland agrees to furnish fire fighting equipment and personnel outside the City Limits of the City of Nederland, all upon the following conditions: II. The Jefferson County Water District #10 Volunteer Fire Department agrees that the City of Nederland shall determine to what extent equipment and personnel of the City of Nederland shall be used within the boundaries of Jefferson County Water District #10. III. The Jefferson County Water District #10 Volunteer Fire Department shall agree to pay the City of Nederland for fire protection services as listed below in a rate schedule and shall be payable at the end of each calendar month. 1. Structures Residential Structure Fires Commercial Structure Fires 2. Grass Fires 3. Vehicle Fires Automobile or Pick -up Fires Tractor - trailer Truck Fire or Spill Train Fire or Spill Vehicle Wreck or Rescue 4. Fire Investigation 5. Equipment Use Generator Ladders K -12 Saw Axes Pry Bar Pike Poles Air Pack Oxygen /Medical Equipment Hose Shovels Chain Saws Foam (per gallon) $ 250.00 minimum * 100.00 minimum 100.00 minimum * * 100.00 minimum 10.00 per hour 75.00 minimum Smoke Ejectors Emergency Lighting Extension Cords Extra Air Bottles Fire Extinguishers Extrication Equipment * $ 250.00 minimum per run for up to the first four (4) hours, and fifty ($50.00) dollars per hour thereafter. IV. Neither the City of Nederland, its agents, employees, firemen, volunteer firemen, nor any other persons operating under this contract shall be deemed to be an agent or employee of the Jefferson County Water District #10 Volunteer Fire Department and the Jefferson County Water District #10 Volunteer Fire Department shall not be liable for the negligence or other tortuous conduct of any such persons. It 9,5 iss COV' V. Neither the Jefferson County Water District #10 Volunteer Fire Department, its agents, employees, firemen, volunteer firemen, nor any other person operating under this contract shall be deemed to be an agent or an employee of the City of Nederland and the City shall not be liable for the negligence or other tortuous conduct of any such persons. VI. It is understood and agreed between the Jefferson County Water District #10 Volunteer Fire Department and the City of Nederland that this contract and agreement is under the terms and conditions of Article 2351a -6, Revised Civil Statutes of Texas, and that the liability of each shall be that which is set forth therein. VII. It is understood that should the fire insurance rate of either party be jeopardized in any manner as a result of answering fire calls outside the City Limits, then the parties shall have the right to terminate this agreement upon immediate notice, either written or oral to the party. VIII. The term and duration of this agreement shall be for an indefinite period and such agreement shall continue in full force and affect until thirty (30) days from date of official notification in writing by the governing body of either party (City Council of the City of Nederland and Board of Directors of the Jefferson County Water District #10 Volunteer Fire Department of termination of such agreement). IN WITNESS WHEREOF, this agreement has been duly executed by the Jefferson County Water�,Pistrict #10 Volunteer Fire Department on this the day of , 19_ and by the City of Nederland on t is the 25th day of March , 19 91 THE CITY OF NEDERLAND BOARD OF DIRECTORS OF THE JEFFERSON COUNTY WATER DISTRICT #10 VOLUNTEER FIRE DEPARTMENT ��4. " &� Carl N. LeBlanc, Mayor ATTEST: &O� &-,? Chris Serr s, City Secretary APPROVED AS TO FORM: W. E. San erson, City Attorney is,'?u , \) �� Betty50'Connor 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. April 8, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on April 8, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Doornbos. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Schroeter to approve the minutes of the March 25, 1991 meeting as written. All Voted Aye. GUESTS Mayor LeBlanc welcomed students and teachers from C. O. Wilson Middle School participating in "Kids in the Community ", and students from Highland Park Elementary. DONATIONS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to accept the Nederland Heritage Pavilion as a gift from the Nederland Heritage Festival Foundation to the citizens of Nederland. All Voted Aye. PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 3:07 p.m. for the purpose of discussing City of Nederland garbage service changing from twice a week pick up with once a week recycling pick up to once a week pick up with once a week recycling pick up. Mayor LeBlanc called for any questions and /or comments relative to the change in garbage service. Persons in attendance were as follows: Robert Bodemuller, 1416 Avenue D; Joe Simpson, 412 South 2 Street; and, Joe Quebedeaux, 120 - 34 Street. The consensus of citizens comments was to have the City assure a once a week pick up, asked for solution for persons who could not function with a once a week pick up and, due to sudden rain showers in this area, suggested that the City work with BFI to provide a container with a lid to protect newspapers placed in the container. 1971 AYR Minutes continued, April 8 1991 There being no further questions and /or comments regarding the change in garbage service Mayor LeBlanc adjourned the Public Hearing at 3:25 p.m. ORDINANCES A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize an Amendment to Ordinance No. 107, providing "no parking" on the north side of Avenue B 380' from South 9 Street. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve Ordinance No. 407, prohibiting scavenging of recyclable materials in the City of Nederland. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve Ordinance No. 408, suspending the Southern Union Gas Company rate increase request for 90 days; authorizing the hiring of D.U.C.I. as rate consultants; and call for a Public Hearing to be held May 20, 1991 at 6:30 p.m. All Voted Aye. SUBDIVISION A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to accept the Atrium Place Subdivision. All Voted Aye. EASEMENTS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to grant Houston Pipeline Company a surface easement on City of Nederland property located on a 2.970 acre tract in Wm. Carroll Survey A -13, Jefferson County, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to grant an easement to Moye and Bonham, Attorneys, in the rear of the Nederland Heritage Pavilion, 1523 Boston Avenue, more legally known as Lot 3, Block 1, J. B. Cooke Addition. All Voted Aye. MAINTENANCE A motion was made by Councilman Paulus and seconded by Councilman Sawyer to authorize G & B Petroleum to remove the underground fuel tank behind the Nederland Police Station for a quoted price of $2,010 contingent upon clean site. All Voted Aye. AWARD BIDS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to table awarding bids for Phase II of Doornbos Park to Austin Rio Construction; and, to table authorizing Change Order No. 1. All Voted Aye. Minutes continued, April 8, 1991 PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment to Harold Locke for services rendered on Dock Road No. 5 in the amount of $156.25; and for landfill maintenance in the amount of $227.50. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to authorize payment of the bills for the month of March, 1991 as presented by the City Treasurer. All Voted Aye. WORK SESSION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table a Work Session for the purpose of discussing the proposed personnel ordinance and to reschedule the Work Session for the next Council meeting at 5:30 p.m. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the City, in conjunction with the Chamber of Commerce, has ordered a welcome home banner for the troops serving in the Middle East. Councilman Doornbos inquired as to the status of repairs of sewer lines in the north side of the City. D. E. Sosa responded that nothing has been done at this time but plans are underway to begin this project in the upcoming month. Councilman Paulus asked that parked vehicles on Sun Oil ' property located on the corner of Helena @ 10th Street be removed. Councilman Paulus reported Franklin from Hwy. 347 to 12th Street is in need of patching, and the intersection of Boston and 11th Street is holding water. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:15 p.m. 1 ald A- WA Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1991 200 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 ON PAVEMENT There shall be no parking on pavement on the North side of Avenue B for 380' from S. 9th 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 I conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE City unci of the City of Nederland, Texas on this the day of A.D., 1990. ATTEST: Chris Serres, City Secretary City of Nederland, Texas ✓�` :' i APPROV S TO FORM AND LEGALITY: k'Sanderson, City Attorney �\ City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas ✓�` :' i APPROV S TO FORM AND LEGALITY: k'Sanderson, City Attorney �\ City of Nederland, Texas 1 soil ORDINANCE NO. 407 �O AN ORDINANCE PROHIBITING SCAVENGING OF VVV RECYCLABLE MATERIALS FROM WITHIN THE CORPORATE LIMITS; PROVIDING A PENALTY: 1ST CONVICTION - $25.00 FOR EACH SUCH VIOLATION, 2ND CONVICTION - $100.00 FOR EACH SUCH VIOLATION, 3RD CONVIC- TION - $250.00 FOR EACH SUCH VIOLATION; PRO- VIDING A SAVINGS CLAUSE PROVIDING FOR PUBLI- CATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Prohibiting the scavenging of recyclable materials from within the corporate limits. A. No person or persons, other than the current resident of the property on which the items are placed, or an authorized carrier, shall remove, pick up, or transfer recyclable materials left at curbside within the corporate city limits.. Materials left at curbside in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left at curbside in specifically marked containers, will include recyclable materials included in the City's recycling program. B. Each removal of an item or items from a recovery container or any other type of container shall constitute a separate violation of this Ordinance. Unauthorized persons removing materials or bins other than those persons designated above shall be fined as follows: 1. Upon first conviction of violation of this Ordinance, the person shall be fined $25.00 for each such violation. 2. Upon second conviction of violation of this Ordinance, the person shall be fined $100.00 for each violation. 3. Upon third and subsequent convictions of violation of this Ordinance, the person shall be fined $250.00 for each such violation. SECTION 2: This Ordinance shall be cumulative of all other ordinances of the City of Nederland and does not repeal any of the existing ordinances or parts thereof unless the same shall be in direct conflict therewith, in which case, this Ordinance shall prevail, and should any section, paragraph, subdivision, clause or provision of this ordinance be held to be unconstitutional or invalid, the remaining portions of this ordinance shall not be affected thereby but shall remain in full force and effect. SECTION 3: This Ordinance shall be published by publishing 202 O the newspaper ca tion hereof one time in a of general circulation p in the City of Nederland within ten (10) days after the passage hereof. SECTION 4: This Ordinance shall be in effect from and after its passage and publication of the caption only as required by the City Charter. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland held on the O day of 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 1 1 1 Z U3 ORDINANCE NO. 408 consultant and hold a public hearing; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the proposed new rate schedule of Southern Union Gas of its rates for gas service in the City, be, and is hereby suspended for a period of ninety (90) days from and after the effective date of May 2, 1991. Section 2. That as required by Section 5.08(c) of Article 1446e (Gas Utility Regulatory Act) Tx. Rev. Civ.Stat.Anno. (Vernon Supp. 1991) a public hearing on the application for rate increase is hereby ordained to be held before the City Council on May 20, 1991 at 6:30 p.m. in the City Council Chambers at City Hall, Nederland, Texas, and the City Secretary shall cause notice of the public hearing to be published in an official newspaper not less than 10 days prior to the hearing. As required by said Section 5.08(c) said hearing date is within 30 days from May 2, 1991, the AN ORDINANCE SUSPENDING THE PROPOSED RATE CHANGE BY SOUTHERN UNION GAS UTILITIES COMPANY FOR GAS SERVICE IN THE CITY OF NEDERLAND; PRO- VIDING THE REASONS THEREFOR; PROVIDING THE EFFECTIVE DATE HEREOF; PROVIDING FOR A PUBLIC HEARING ON APPLICATION FOR RATE CHANGE; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EMPLOY RATE CONSULTANTS ON BEHALF OF CITY. WHEREAS, the City Council has determined that the Southern Union Gas Statement of Intent to Change Rates for gas service in the City of Nederland, dated March 28, 1991, and filed with the City Secretary on said date, and effective May 2, 1991, should be suspended to a future date, not to exceed ninety (90) days from said effective date, for the following reasons: (1) The City Council has not had sufficient time to investigate and study the proposed increase. ' (2) That in order to reach a determination of the fairness, justness, reasonableness, and propriety of the rate increase, the City Council will have to secure the services of a rate consultant or consultants and receive a report from said consultant and hold a public hearing; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the proposed new rate schedule of Southern Union Gas of its rates for gas service in the City, be, and is hereby suspended for a period of ninety (90) days from and after the effective date of May 2, 1991. Section 2. That as required by Section 5.08(c) of Article 1446e (Gas Utility Regulatory Act) Tx. Rev. Civ.Stat.Anno. (Vernon Supp. 1991) a public hearing on the application for rate increase is hereby ordained to be held before the City Council on May 20, 1991 at 6:30 p.m. in the City Council Chambers at City Hall, Nederland, Texas, and the City Secretary shall cause notice of the public hearing to be published in an official newspaper not less than 10 days prior to the hearing. As required by said Section 5.08(c) said hearing date is within 30 days from May 2, 1991, the 204 C (0. date said change in rates would become effective except for the suspension provided in this Ordinance. Section 3. The City Manager and the City Attorney are hereby authorized to employ Diversified Utility Consultants, Inc. (D.U.C.I.) as rate consultants on behalf of the City of Nederland to study Southern Union's proposed rate increase and to make a report to the City Council containing their recommendations. Section 4. The City Secretary shall furnish copy hereof by certified mail to Southern Union Gas. Section 5. This being an Ordinance not requiring publication it shall take effect and be in force from and after its passage. READ, ADOPTED AND APPROVED this the 9 day of A.D, 1991, at a Regular Meeting of the City Council of the City of Nederland, Texas. (Z/4. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Seril'es, City Secretary City of Nederland, Texas APPROVE AS TO FORM AND LEGALITY: W 6�= W. E. Sanderson, City Attorney City of Nederland, Texas 205 DEED OF EASEMENT Copy E STATE OF TEXAS § § KNOW MEN BY THESE PRESENTS: UNTY OF JEFFERSON § THAT, THE CITY OF NEDERLAND, by and through its duly authorized agent, and joined herein by a duly authorized agent for THE NEDERLAND HERITAGE FESTIVAL FOUNDATION, of the County of Jefferson and State of Texas for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD, AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY unto DONALD B. MOYE, and DAVID B. BONHAM, Grantees, of the County of Jefferson and State of Texas, the right of ingress and egress upon the following described real property in Jefferson County, Texas, to -wit: A TEN FOOT EASEMENT IN WIDTH ACROSS THE SOUTH OR REAR TEN FEET OF Lots Numbered One and Two (S. or R. 10' of 1 & 2 and the West To Feet of Lot Number Three (W. 2' of 3) in Block Number One (1) of J.B. COOKE ADDITION to the Town of Nederland, Jefferson county, Texas; as the same appears upon the map or plat thereof, on file and of record in Volume 5, Page 63, Map Records of Jefferson County, Texas. There is hereby excepted and reserved unto Grantors, their successors and assigns, the free and uninterrupted use and easement of passing in and along the above - described easement to use such passageway or road ' at all times in common with Grantees, their heirs and assigns. The Grantor, Nederland Heritage Festival Foundation, grants the City of Nederland an exception to the Covenant running with the title prohibiting the use of the property for any purposes other than a city park and agree that title shall not revert to The Nederland Heritage Festival Foundation as a result of this easement. The Easement herein granted shall remain in full force and effect so long as the City of Nederland shall maintain and use Lots Numbered One (1) and Two (2) in the West Two Feet of Lot Number Three (3) in Block Number One (1) of the J.B. COOKE ADDITION to the Town of Nederland for the sole purpose of the City Park. TO HAVE AND TO HOLD the above - described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantees, their heirs and assigns forever; and we do hereby bind ourselves, our heirs, executors, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantees, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of /4 t(/1G?� , 1991. NEDERLAND HERITAGE FESTIVAL FOUNDATION BY: l� L,��lly Alton Hollier, Chairman GRANTEE HEREIN HEREBY ACKNOWLEDGES ITS ACCEPTANCE OF THE COVENANTS AND AGREEMENTS CONTAINED HEREIN 2 0'6 CITY OF DERLAND � ( j BY: =;, ;� Croppo LeBlanc, Mayor Name and Mailing Address of Grantees: Name: DONALD B. MOYE, INC. Name: DAVID B. BONHAM, 1519 Boston Avenue 1519 Boston Avenue Nederland, TX 77627 Nederland, TX 77627 THE STATE OF TEXAS § COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared Alton Hollier, Chairman of Nederland Heritage Festival Foundation, a Texas non - profit 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, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND 1991. ELIZABETH F. WEST Ibtsry Public, Sttle of Texas Nr Caomisalon Expins Aug. 29, 1991 sqqcl Notary's Printed Name: Notary's Expiration Date: THE STATE OF TEXAS COUNTY OF JEFFERSON SEAL OF OFFICE, this the (_day of N tary lic, State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Croppo LeBlanc, Mayor of the City of Nederland, a municipal 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, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the S_ day of , 1991. Public, State of Texas Notary's Printed Name: Notary's Expiration Date: LADONNAFLOYD Notary Pudie * * STATE OFTEMS 2 `as� +�E *�� My Cpl E*FikT.1� F, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. April 22, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on April 22, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Schroeter. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the minutes of the April 8, 1991 meeting contingent upon the last discussion item being changed to reflect that Mayor LeBlanc inquired to the problem on Franklin @ 12 Street, not Councilman Paulus. All Voted Aye. PROCLAMATION Mayor LeBlanc presented Cindy Mabry with a Proclamation declaring April 26, 1991 as "Retired Senior Volunteer Program Day" in Nederland. A motion was made by Councilman Schroeter and seconded by Councilman Sawyer to approve a proclamation declaring April 26, 1991 as "Retired Senior Volunteer Program Day" in Nederland. All Voted Aye. CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize a once -a -week garbage pick up in the City of Nederland with the customers pick up to be the same day as the recycling pick up to begin Monday, May 13, 1991. The motion also included that Wednesdays would be reserved for holiday pick up. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Sawyer to table taking action regarding the status of the improvement of South 21 Street from Nederland Avenue to Avenue H. All Voted Aye. EASEMENTS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve an Encroachment Agreement for Lot 18, Patio Villa Estates (411 South 51/: Street) . All Voted Aye. 2 0 '7 1 Minutes continued, April 26, 1991 A motion was made by Councilman Paulus and seconded by Councilman Doornbos to table an Encroachment Agreement for Lot 10, Block 8, Allan Meadow Sec. II (1716 Avenue K). All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to direct the City Manager to notify Geo Seismic Services, Inc. that the City of Nederland does not own property on railroad right -of -ways, therefore, the Council feels there is no need for the City to grant permission for the seismic testing, however, in the future they will coordinate with the Fire Chief. All Voted Aye. ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 164, setting the dates for regular Council meetings to be held from May 6, 1991 to April 27, 1992. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to award bid for Doornbos Park, Phase II, to Austin Rio Construction contingent upon approval of Change Order No. 1. All Voted Aye. EXECUTIVE SESSION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table an Executive Session. All Voted Aye. I COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the City staff has been working with Hillcrest Elementary School on a low water pressure problem due to the collapse of some galvanized pipe. The City will be gauging the pressure to determine whether the problem is the City's or school district's. The City Manager also informed the Council that some property owners in Christina Courts are having drainage problems due to The Council suggested that the City could assist in a solution but not assume any responsibility. Councilman Schroeter U. S. Coast Guard Councilman Doornbos inquired about the timing of the lights on Twin City Highway. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8 :15 p.m. 1 Minutes continued, April 22, 1991 ATTEST: Chris Serre , City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 20 '210 QCDy Q � ENCROACHMENT AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT DERRELL L. LISENBY AND WIFE, MARY H. LISENBY (hereinafter called "Owner ") , the CITY OF NEDERLAND, a Texas municipality (hereinafter called "City ") , do hereby enter into the following agreement: I. WHEREAS, reference is made to that certain sixteen (16) feet wide utility easement lying along the rear lot lines of Lot 10, Block 8, and Lot 10, Block 5, Allan Meadows II Subdivision, City of Nederland, Jefferson County, Texas, and; II. WHEREAS, Owner purchased all that certain tract or parcel of ' land described as Lot 10, Block 8, Allan Meadows II Subdivision, City of Nederland, Jefferson County, Texas, which is subject to same utility easement above referred to. III. Despite the provisions of the utility easement dedication and in express violation and contravention of the terms thereof, there is a portion of a swimming pool encroaching on a portion of the area covered and affected by the utility easement and which swimming pool was constructed without the consent, express or implied, of City. IV. Under the terms of said utility easement dedication, City has the legal right to the use of said utility easement unencumbered by any swimming pool or any other improvements erected thereon. V. In consideration of the agreement by City to waive its legal right to demand removal of said swimming pool, and to waive any objections it may have to the location of said swimming pool, 1 Owner, on behalf of their successors or assigns, agrees to save harmless and indemnify City of and from any and all damage, loss or expense arising because of any claim which may hereafter be presented by anyone for loss and damage or personal injury caused as a result of the location of that portion of said swimming pool which encroaches upon the utility easement area or of the use, condition, existence or occupancy of that portion of such swimming pool by Owner, their employees, lessees, licensees, tenants or other persons using the same. Owner hereby agrees not to add to or enlarge any part of the swimming pool and further agrees not to hold the City liable for any damage caused by the City, utility company, or natural causes within the utility easement. VI. This agreement is not to be construed as a waiver of any rights of City with reference to other or future uses of said utility easement area by Owners or any other person; nor shall it be construed as a waiver of Owner's rights to damage or loss caused by City's negligence occurring outside the utility easement area. IN WITNESS WHEREOF, this agreement is executed effective the 26th day of April , 1991. 2 S /DARRELL L. LISENBY Darrell L. Lisenby S /MARY H. LISENBY Mary H. Lisenby CITY / OFF NEDE�RLAND By: l C l /�, -10/1 Carl N. LeBlanc, Mayor 2 1 1 212 no- STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was executed before me on %Y 22 6 r 1991, by Carl N. LeBlanc, Mayor, on behalf of the City of Nederland. LOiS COCO NOTARY PUBLIC ;�; State of Texas Comm. Exp. 11.19 A3 A3 ww... w. STATE OF TEXAS § COUNTY OF § Notary Public Public in and for the State of Texas My Commission Expires: I I -/ 9- 93 This instrument was executed before me on 1991, by and Notary Public in and for the State of Texas 1 1 1 AN AMENDMENT TO ORDINANCE NO. 164 ({ AN ORDINANCE SETTING REGULAR DATES FOR \ `Vw 0 O COUNCIL MEETINGS TO BE HELD FROM MAY 6, 1991 THROUGH APRIL 27, 1992. 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 dateB for the meeting of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: May 6 June 10 July 8 September 9 October 14 November 11 December 9 January 13 February 10 March 9 April 13 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: May 20 June 24 July 22 August 12 August 26 September 23 October 28 November 25 December 16 January 27 February 24 March 23 April 27 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED A APPROVED by the City Council at a regular meeting this the day of 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: : �retary Chris Serree, ity Secretary City of Nederland, Texas 213 214 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. May 6, 1991 TIME AND PLACE The meeting was called to order at 3:00 p.m. by Mayor Carl N. LeBlanc at 3:00 p.m. on May 6, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Robert D. Sawyer, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. INVOCATION Invocation by Councilman Doornbos. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve the minutes of the April 22, 1991 meeting as written. All Voted Aye. PRESENTATION Mayor LeBlanc presented Councilman Sawyer with a plaque commending his service of 17 years to the City of Nederland. ELECTION M r s. Gladys We av er , Pre cin ct Ele cti on Judg e , reported that a ' total of 443 votes were cast in the Absentee and General elections combined. She then reported that the following number of votes were cast for each candidate: MELVIN MOSS COUNCILMAN WARD I 280 DONALD TOWLE COUNCILMAN WARD I 64 JOE DESCHAINE COUNCILMAN WARD I 89 W. CEYRIL PAULUS COUNCILMAN WARD III 333 A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to accept the canvass of election as presented by Mrs. Weaver, Precinct Election Judge. All Voted Aye. Chris Serres, City Secretary, administered the Oath of Office to Melvin L. Moss, Councilman Ward I; and W. Ceyril Paulus, Councilman Ward III. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve payment to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. EASEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an encroachment agreement for Lot 10, Block 8, Allan Meadow II (1716 Avenue K). All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to grant Seismic Exchange, Inc. permission to conduct a geophysical survey on city property near the Neches River contingent upon Seismic Exchange, Inc. 1. increasing payment per mile to $3000.00 and /or payment per shot point to $250.00; 2. supplying City of Nederland with a shot hole slat; and, 3. limiting this permission to 90 days. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve renewal of the contract with Lower Neches Valley Authority for water supply. All Voted Aye. CHANGE ORDER A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Change Order No. 1 for Doornbos Park Phase II. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to Arceneaux and Gates for topographic survey on South 29 Street from Avenue J to Avenue L in the amount of $497.45. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to authorize payment to Excavators and Constructors for replacement of curb and gutter on South 141/1 Street and Avenue D in the amount of $32,175.20. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment of the bills for the month of April, 1991 as presented by the City Treasurer. All Voted Aye. EXECUTIVE SESSION A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table the Executive Session. All Voted Aye. 2151 Minutes continued, May 6, 1991 PROCLAMATION Mayor LeBlanc presented Toby Beckett and Lloyd E. Lundy with a proclamation Week ". declaring May 6 -10, 1991 as "Goodwill Industries A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a proclamation declaring May 6 -10, 1991 as "Goodwill Industries Week" in Nederland, Texas. All Voted Aye. EASEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an encroachment agreement for Lot 10, Block 8, Allan Meadow II (1716 Avenue K). All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to grant Seismic Exchange, Inc. permission to conduct a geophysical survey on city property near the Neches River contingent upon Seismic Exchange, Inc. 1. increasing payment per mile to $3000.00 and /or payment per shot point to $250.00; 2. supplying City of Nederland with a shot hole slat; and, 3. limiting this permission to 90 days. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve renewal of the contract with Lower Neches Valley Authority for water supply. All Voted Aye. CHANGE ORDER A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Change Order No. 1 for Doornbos Park Phase II. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to Arceneaux and Gates for topographic survey on South 29 Street from Avenue J to Avenue L in the amount of $497.45. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to authorize payment to Excavators and Constructors for replacement of curb and gutter on South 141/1 Street and Avenue D in the amount of $32,175.20. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment of the bills for the month of April, 1991 as presented by the City Treasurer. All Voted Aye. EXECUTIVE SESSION A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table the Executive Session. All Voted Aye. 2151 216 Minutes continued, May 6, 1991 COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that a recent misunderstanding between the City and the developers of Atrium Place has been resolved. The developers requested and obtained a variance from the Planning Commission for a five foot rear setback building line. D. E. Sosa, City Manager, informed the Council that Union Oil will be donating various items to the City. Councilman Doornbos stated that an appointment to the Planning Commission to fill the unexpired term of Melvin Moss needs to be addressed. Councilman Paulus stated a Mayor ProTem needs to be appointed. Councilman Paulus reported the grass needs to be mowed at the intersection of South 29 Street and Hwy. 365. Councilman Paulus asked that we notify Sun Marine when the seismic test will begin. Councilman Paulus reported the street light at Gage and Hwy. 366 keeps cutting off and on. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:20 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 ,.. _ , . -^ �,. .. ;�<, . ., r., .. ,. ,...,. ,. .: �„; •.i. i .'ti'r'e CITY OF NEDERLAND A PROCLAMATION 217 COPY--, WHEREAS, the rehabilitation and training of handicapped Americans is a goal worthy of the support of all citizens of Nederland; and, WHEREAS, such rehabilitation requires a sophisticated, modern, program of vocational testing, counseling, guidance, work experience, and job placement services; and, WHEREAS, this program is best carried out in an atmosphere of encouragement and understanding that fosters the development of pride, independence, and self- esteem in the individuals involved; and, WHEREAS, Goodwill Industries of America has been providing all these essential services for 89 years, making it possible for hundreds of thousands of handicapped persons to become self - sufficient, contributing members of society; and, WHEREAS, Goodwill Industries of Southeast Texas, Inc. was established in 1972 to bring the benefits of this national program to our local area. NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, do hereby proclaim the week of May 6 -10, 1991 as "GOODWILL INDUSTRIES WEEK" in Nederland, on this their seventeenth anniversary, and urge all citizens to give their support and attention to the efforts of this fine organization. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Nederland to be affixed. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 218 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. May 20, 1991 TIME AND PLACE The meeting was called to order at 6:30 p.m. by Mayor Carl N. LeBlanc on May 20, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman W. Ceyril Paulus, Councilman Will E. Schroeter and Councilman Melvin L. Moss. Councilman Billy W. Doornbos was absent. INVOCATION Invocation by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the minutes of the May 6, 1991 meeting as written contingent upon changing paragraph #8 to read "A motion was made by Councilman Sawyer and seconded by Councilman Doornbos" and to change the last communications item to read "Councilman Moss reported the street light at Gage and Hwy. 366 keeps cutting off and on ". All Voted Aye. PUBLIC HEARING Mayor LeBlanc called a Public Hearin to order at 6:34 .m. ' Y g P for the purpose of discussing the Southern Union Gas Company rate increase request. Mayor LeBlanc called for any questions and /or comments relative to the rate increase request. Persons in attendance were as follows: Russell Buss, Southern Union Gas; Homer E. Nagel, 405 - 14 Street; Robert Sawyer, 419 - 10 Street; and Robert Rothrock, 213 - 5 Street. Mayor LeBlanc stated that more information from the DUCI was needed before a final decision could be made. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to recess the Public Hearing until further information can be obtained from the DUCI. All Voted Aye. APPOINTMENTS A motion was made by Councilman Moss and seconded by Councilman Schroeter to appoint Robert Sawyer to the Planning and Zoning Commission to fill the unexpired term of Melvin Moss. All - Voted Aye. Minutes continued, May 20, 1991 SUMMER RECREATION A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the 1991 Summer Recreation Program. All Voted Aye. CITY TRAVEL A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize members of the City Council to attend the Annual Institute for the Association of Mayors, Councilmembers and Commissioners to be held in Galveston, June 21 -23, 1991. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize D. E. Sosa, City Manager, to attend the Texas City Management Annual Conference to be held in Corpus Christi, June 14 -18, 1991. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, presented the Council with a copy of the layout of the proposed water plant facilities. He added that he would like to invite citizens to a Public Hearing or Town Meeting to inform them of the necessity of the facility which will cost $2.5 to $3.0 million. D. E. Sosa updated the Council on the South 21 Street project. He reported that he and Steve Hamilton, City Engineer, met with the Highway Department due to the cost of the job increasing drastically. The Highway Department stated that if the City backs out of the project they will be unable to assist the City of Nederland in the future. D. E. Sosa updated the Council on the first week of the once a week garbage service. He stated that the City has received approximately 20 -25 serious complaints. He added that so far the program is showing positive results on the equipment and the need for overtime. Councilman Paulus stated that at the present time he is opposed to the proposed agreement with the YMCA regarding the use of the swimming pool, except the item dealing with swimming lessons. Councilman Paulus reported an electrical wire that is not attached at 27th Street @ Avenue A. Councilman Paulus asked about the soil test after the removal of the gas tanks behind the police station. Mr. Sosa responded that all tests were approved. Councilman Paulus requested more information on the LaFrance fire truck which is in need of repair. Mr. Sosa responded that Chief Lovelady feels that it would be wise to retire the truck due to the high cost of repairs, after the arrival of the new fire truck. Mr. Sosa stated the new fire truck should be in Nederland in approximately four weeks. Wk- 219 2 0 Minutes continued, May 20, 1991 Councilman Paulus asked about the disposition of the Fire Department rescue van parked behind City Hall. Mr. Sosa informed the Council that the van was for the volunteers and they no longer felt it was being utilized effectively. Mr. Sosa added that they are planning to sell the vehicle. Councilman Paulus suggested the City begin keeping a five year plan so that we will know when funds are needed. Councilman Schroeter reported a large hole between the 300 & 400 block of South 12 Street. Mayor LeBlanc reported that on 14th Street between Detroit and Franklin Southern Union Gas caused large ruts. Councilman Paulus asked if the City will purchase a float for the 4th of July parade in Beaumont. Mr. Sosa stated that if there are no objections from the Council he would like to purchase a float for $500.00. He added that all other area cities are participating. EXECUTIVE SESSION The regular meeting was recessed at 7:55 p.m. for the purpose of conducting an Executive Session relative to personnel and legal matters. The regular meeting was called back to order by Mayor LeBlanc at 8:40 p.m. Mayor LeBlanc announced that the Executive Session was for informational purposes only and no action was necessary. ADJOURNMENT There being no further business, the meeting was adjourned at 8:40 p.m, by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, Acti g City Secretary City of Nederland, Texas ' a- � Carl N. LeBlanc, Mayor City of Nederland, Texas 221 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 10, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on June 10, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus, Councilman Will E. Schroeter and Councilman Melvin L. Moss. INVOCATION Invocation by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to approve the minutes of the May 20, 1991 meeting as written. All Voted Aye. APPOINTMENTS A motion was made by Councilman Schroeter and seconded by Councilman Paulus to appoint Councilman Doornbos as Mayor ProTem. All Voted Aye. PROCLAMATIONS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the following proclamations: "National U.S.A. Flag Day "; "Philippine- American Friendship Day "; and, "Fraternal Week" in Nederland. All Voted Aye. PLANNING & ZONING A motion was made by Councilman Doornbos and seconded by Councilman Paulus to accept the Planning and Zoning Commission's recommendation to approve revisions to Spurlock Chase Phase One. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment of the bills for the month of May, 1991. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, explained to the Council that although the State was requiring the City to meet certain criteria it would be important to know what the penalty would be for not meeting this criteria. The City Manager also explained that the City was approaching a point of commitment to improving the existing plant or proceeding with a new plant. The City Manager further inquired as to the Council's posture regarding the City's option. Mr. Sosa stated it is important for the Council to be comfortable and aware of the consequences of any course of action taken. The Council felt it would be in the City's best interest to proceed with a plan of stretching out the life of our present facility and phasing in the construction of a new facility. /, z z v Minutes continued, June 10, 1991 D. E. Sosa, City Manager, explained to the Council that the budget was still not complete as a result of the Unocal "in lieu of tax" contract, the excess payments to the retirement system and the temporary status of the once a week garbage pick up. D. E. Sosa, City Manager, reported to the Council that the City has received approximately 25 complaints regarding the once a week garbage service. He added that most of the complaints were concerning capacity. D. E. Sosa, City Manager, reported to the Council that Mr. Bob Patterson has offered to purchase the City's bo -mag for $75,000. The City Manager informed the Council that this piece of equipment lays idle approximately 10 -11 months per year. The item was referred to the City Attorney as to the legality of such an offer. D. E. Sosa, City Manager, reported to the Council that the private road item would be an illegal action according to the City Attorney. Councilman Paulus questioned the legality of trading services with the YMCA. The City Attorney informed the Council that such an arrangement was not legal but there was no penalty. As a result of this information the Council instructed the City Manager to discontinue the arrangement. Councilman Doornbos inquired if the geophysical company had agreed to the City's conditions as they pertain to seismic testing on the City's property near the Neches River. The City Manager explained that the arrangement had been accepted by the company under the City's terms. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:37 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas C D 1 I i CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas (Office of t4r ffittpr coO pir 101 IC I a M a t t ]a it 9, Cane N. "Chopo" LeBlanc / Gy virtue oll4e a/ul�tority v//edt//ed in me a6 May or oils. City o/ //eder[and, Jexad, do hereby /� Proc[aim June 8-14,1991 —41 "Fna teAnat Week" in the laity 0 //77/ecler[and, ✓exact, anal urge eac�e and every Citizen of our lf��ity to necogn,ize the 6nateanat bene6dt 6oe.Ceaee bon the many benevolent activ.i tic that they conduct .thnoughoat the yeaA. Jn leitimo/�ny /whee/reo ,, witnese my Itand anal Seat toe City o f //ecterCand tltid the 7th day o/ June, 1991 , —4.2. fleet: /(� / .(%i A'IL . City secretary Mayor Cily of / /e�er[and, ✓exact fi Z 3 224 ` c�c CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid- Jefferson County, Texas (Office of toe 4apr r .y, CaAt N.nn "CiLopo" LeStanc , by virtue of t y he aut4orit veiled in me as Mayor ollhe �ily o/ // Jer[itand, ,lexae, ProcCaim June 12, 1991 —4d "Ph,itippine- Ammican FAiendsh.ip Day" in lice City o/ llealerlanul, .Jexae, and urcye eac4 andl everty C.,ilizen o�our C;41-le to recognize the group o6 F.iti.p.ino- AmeAican reaehvists who pa/cti.d in Opmation DezW Storm when tatted to active duty, and especia,ty the seven phyzic.i.an reseAv.iste 6rom the Golden Taiangte - Lt. Cot. Cn,isteto Potvonosa, M.D. and Malou Fred Arcata, M.D., Oti,veh Batagot, M.D., Armando J. Espi& tu, M.D., Maxiano S. NazzeA, D., V.ietonieo S.ingzon, M.D., and FAankie S.iy, M.D. n teelimon y whereof, witnedd my Itancl anti' Sea[ n , fire l_.it y o/ n.dler 2Cart dl lb, the 10th dd,, y A o� June, 1991 , A. . �./Lfftest: City Secretary IMayor City o f //�� //�� /// // CC77 eclerland, Jexad 1 1 1 CITY OF NEDERLAN "PROGRAMMED PROGRESS" Mid-Jefferson County, Texas Office of the Aapvr /�lO lS O� a m, a t t* ia n /A CaAt N./�/ "Caopo" LeSCane /, Gy virtue of the a/ullLorify v/ejted in me aj /{'/ayor ol1�te City of 7.'Jerlandr Jexadr do Lreb y pp �rocCaim June 9 -15, 1991 As "Nationat U.S.A. Ftag Day" in Ilse City of ///!!/ealer[and, ✓exae7 and urge each anal every Citizen of our C.it f to pantie i.pate. in the Kn.ighta ob CoCumbua D.i.e.tlu,at No. 122 AnnuaC Hag Day Cete64ation June 9, 1991 and be mindbut o4 the pa Aioti.bm and heaoizm which a.CCowa boa euch an event. At l edtimo�ny /w1tee/reo , witnedd my stand and Seat the City o f n derCacn�ct 1L., 1�te 9th da y o/ June, 1991 -t.2. �llfest: City Secretary Mayo, c7 City of //edler�and, texas 4 4 V SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:00 P.M. June 17, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 5:00 p.m. on June 17, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus and Councilman Will E. Schroeter. Councilman Melvin L. Moss was absent. INVOCATION Invocation by Councilman Schroeter. EXECUTIVE SESSION The special meeting was recessed by Mayor Carl N. LeBlanc at 5:01 p.m. for the purpose of conducting an Executive Session. The special meeting was called back to order by Mayor LeBlanc at 6:22 p.m. Mayor LeBlanc announced that the Executive Session was conducted for the purpose of discussing a personnel matter and no action was necessary. business, the meeting was adjourned b ' ADJOURNMENT There being no further buss g 7 y Mayor Carl N. LeBlanc at 6:23 p.m. ATTEST: LaDOnna Floyd, Acting City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 227 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. June 24, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on June 24, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus, Councilman Will E. Schroeter and Councilman Melvin L. Moss. INVOCATION Invocation by Councilman Paulus. VISITORS Mayor LeBlanc introduced Troop No. 253, along with their Troop Master Gary Chapman. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the June 10, 1991 ' meeting as written contingent upon adding the Executive Session immediately following the Communications to read "EXECUTIVE SESSION - The regular meeting was recessed by Mayor Carl N. LeBlanc at 4:37 p.m. for the purpose of conducting an Executive Session. The regular meeting was called back to order at 6:30 p.m. Mayor LeBlanc announced that the Executive Session was conducted for the purpose of discussing personnel matters and no action was necessary. "; also, change the time of adjournment to 6:31 p.m." All Voted Aye. ELECTION A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the "Order Calling Election" for the purpose of voting "for" or "against" collective bargaining for firefighters and police in the City of Nederland. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve a Resolution appointing Shirley Miller as Presiding Judge over the Special Election to be held August 10, 1991. All Voted Aye. COMMENTS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to table receiving comments from Dana Broussard, 2304 Avenue F, pertaining to drainage, due to her absence. All Voted Aye. 2 2 8 Minutes continued, June 24, 1991 PUBLIC HEARING A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize a Public Hearing to be held July 22, 1991 for the purpose of discussing the Southern Union Gas rate increase request; and, pass any pertinent ordinancE? or resolution. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to appoint City officials in accordance with the City Charter from July 1, 1991 to June 30, 1992 as follows: Chris Serres, City Secretary /Tax Assessor - Collector /Treasurer; Billy Neal, Police Chief; Mike Lovelady, Fire Chief /Fire Marshal; Richard Hughes, City Judge; and W. E. Sanderson, City Attorney; and appointment of Emergency Management officials in accordance with Ordinance No. 187 as follows: Jerry McNeill, Emergency Management Coordinator and Billy Neal, Assistant Coordinator, All Voted Aye. INSURANCE A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to authorize the City's Employee Assitance Program to the Phoenix Group for a period of one year at an approximate cost of $1,800.00 per year. All Voted Aye. CITY SERVICES D. E. Sosa, City Manager, gave a brief overview of the Status of the underground storage tank at the Warehouse. The following citizens were in attendance to discuss the once -- , a -week garbage service: Judson Phillips, Marianda Goyens, Barbara West, Barbara Jackson, Marcelene Weeks, Donna Sanders, Wilton Scoggs, W. Richard and W. E. Melder who all spoke against it; and Jim Sutherlin who commended the Council for their efforts to reduce waste. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to table taking any action on the City's once -a -week garbage pick up and to place this item on the Jule 8 agenda. All Voted Aye. D. E. Sosa, City Manager, gave a brief overview regarding financing options for the City's proposed water treatment plant. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table action regarding financing options for the City's proposed water treatment plant. All Voted Aye. AGREEMENTS The City Manager gave a brief overview of Unocal's proposal for the "in lieu of tax" contract presently under negotiation. COMMUNICATIONS The City Manager updated the City Council relative to the 1991- 1992 budget stating that it is his plans to use a $160,000 investment to offset two upcoming expenditures for 1991 -1992. 229 Minutes continued, June 24, 1991 He went on to elaborate saying that in order to keep the City's retirement sysment in tact, an additional $120,000 will need to be added to the retirement fund this year and that he plans to use the remaining $40,000 for maintenance of the present water plant. The City Manager then informed the Council that the sludge transfer system at the sewer plant is in need of modification. These modifications will consist of replacing the existing air- lift transfer system with a new air - powered diaphram tranfer pump at an approximate cost of $6,000 to $8,000. The City Engineer is presently determining the system requirements so that the correct pump can be ordered and installed by city staff. Mr. Wallace spoke to the Council concerning a drainage problem in the Christina Court Subdivision. Although Mr. Wallace is aware that the City cannot go on private property, the Council reiterated this fact but did offer to facilitate a solution. Mr. Gary Collins, Assistant Fire Marshal, briefed the Coucil as to the status of the Fire Rescue Van and the American LaFrance Fire Truck. Mr. Collins stated that these two pieces of equipment are to be retired due to safety reasons and age, respectively. Councilman Moss reported that the railroad crossing at Nederland Avenue and Twin City Hwy. is in need of repair. ADJOURN There being no further business, the meeting adjourned at 8:45 p.m. ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 230 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 8, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on July 8, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus, Councilman Will E. Schroeter, and Councilman Melvin L. Moss. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve the minutes of the June 24, 1991 meeting as written contingent upon the discussion item by Councilman Moss being amended to include the railroad crossings at Avenue H and Nederland COMMENTS Avenue. All Voted Aye. Received comments from Mr. Gene Shepherd ' regarding financing options available for the proposed water treatment plant. Mr. Shepherd reported that there are three possible options available: 1 - General Obligation Bonds; 2 - Sale of Water and Sewer Revenue Bonds; and 3 - Certificates of Obligations. He expressed to the Council that the least costly and most efficient course of action would be the sale of Certificates of Obligations adding that certificates of obligations are non -voted and that the time frame to complete the legal re- quirements would only be approximately sixty to ninety days. Mr. Shepherd concluded his presentation stating that how the certificates of obligations were to be repaid would be a Council decision. ie: taxes, water and sewer revenues or both. RESOLUTIONS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve a Resolution accepting the City of Nederland General Budget for the fiscal year beginning October 1, 1991 and ending September 30, 1992 231 Minutes continued, July 8, 1991 and to call for a Public Hearing to be held August 12, 1991 at 6:30 p.m. for the purpose of approving this budget in the proposed or amended form as per Article VII of the City Charter. Chief Neal requested the Council to consider a 3% raise for all city employees citing the fact that, although he realized that the City has lost revenues from Union Oil, there are available funds that could be used to give employees a 3% raise (ie: Summer Recreation Program - $24,000; Senior Citizen Program - $24,500; Heritage Festival - $15,000; Utilities for Little League - $8,000; and a $160,000 Investment that was to be used for the 21st Street Project which is no longer being considered). Chief Neal then went on to express to the Council that it is his feelings that employees are the City's most valuable asset and that he would like to see a 3% across the board raise. However, if a 3% across the board raise for all employees is not possible, he asked for consideration for the Police Department stating that he would cut expenditures in capital outlay to meet the salary increase for this year. There being no further comments, a vote was taken relative to the approval of the Resolution accepting the general budget and calling for a Public Hearing. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution 1991 -5 authorizing the City of Nederland to borrow money to purchase a fire truck. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an amendment to Resolution 1991 -3 appointing Mrs. Gladys Weaver as election judge for the August 10, 1991 Special Election. All Voted Aye. PUBLIC HEARINGS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize a joint Public Hearing to be held in conjunction with the cities of Groves, Port Neches and Port Ar- thur on July 17, 1991 at 8:00 p.m. in the City Council Chambers, 5th Floor, City of Port Ar- thur Office Building for the purpose of deter- mining just and reasonable rates to be charged by Southern Union Gas Company. All Voted Aye. 232 Minutes continued, July 8, 1991 AGREEMENTS A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize the City of Nederland to enter into an agreement with the Nederland Independent School District for the purpose of providing police security. All Voted Aye. CITY SERVICES A motion was made by Councilman Paulus and seconded by Councilman Doornbos to take from the table the motion relating to once -a -week garbage pickup. All Voted Aye. D. E. Sosa, City Manager, recommended to the Council to continue the once -a -week garbage pickup and offered these solutions to customers who felt that their volume of garbage was too much for once -a -week pickup: placing a roll - off container at the Service Center to allow customers to bring any excess garbage and /or providing extra containers to those customers whose family size warrants another container due to the volume of garbage. Mayor LeBlanc called for comments and /or questions from citizens in attendance. The Council received comments from Mr. Judson Phillips; Mr. Bill Matthews; Mr. Bodemueller; Mr. R. A. Manino; Mr. Joe Sudela; Mrs. Weeks; ' Mr. Rothrock; Mrs. Jackson and Mrs Miranda Goyens. The consensus of the comments were to abandon once -a -week pickup. Councilman Doornbos suggested that the City Manager investigate the possibility of provid- ing twice -a -week pickup to those customers who feel they need, and want to pay for, this service and those customers who are comfortable with the once -a -week pickup be allowed to continue with that service. After a full discussion, a motion was made by Mayor LeBlanc and seconded by Councilman Paulus to continue once -a -week pickup until the City Manager could further study the possibility of twice a week pickup for those customers who request such service and /or providing two containers to help alleviate volume problems that some customers are experiencing. All Voted Aye. Mike Lovelady, Fire Chief, briefed the Council relative to future plans concerning equipment in the Fire Department. He asked for permission to advertise to sale the 1957 Minutes continued, July 8, 1991 American LaFrance and the Rescue Van with the intent to use monies derived from the sale to purchase a mini - pumper. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize the advertisement for bids for the sale of the 1957 American LaFrance and the Rescue Van. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment to Don S. Reichle and Associates in the amount of $2,450.00 for the inspection of the S. 5th Street elevated water tower. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize payment to Harold Locke and Associates for surveying services rendered on Dock Road #5 in the amount of $156.25. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize payment of the bills for the month of June. All Voted Aye. EXECUTIVE Mayor Carl N. LeBlanc called for a recess in SESSION the regular meeting at 5:43 p.m. in order to conduct an executive session for the purpose of discussing the employment of a finance director and personnel matters relative to the Fire Chief in accordance with Article 6252- 17, Section 2(g), V.T.C.S. The regular meeting was called back to order by Mayor Carl N. LeBlanc at 6:33 p.m. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to adjust the Fire Chief's salary and to also advertise for applications to be received for the position of City Treasurer. All Voted Aye. COMMUNICATIONS Councilman Schroeter reported that, at the corner of Elgin and 12th Street (vacant lot), someone has been throwing trash in the ditch. Councilman Doornbos inquired as to how long the additional annuity being paid to T.M.R.S. is going to continue. The City Manager responded that either T.M.R.S. does not know or that they are not saying at this time. 233 Z ;J 4j: Minutes continued, July 8, 1991 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:39 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Ser es, City Secretary City of Nederland 1 _J 1 235 RESOLUTION 1991 -4 coug"-, 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, 1991 AND ENDING SEPTEMBER 30, 1992. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and office for the Fiscal Year beginning October 1, 1991 and ending September 30, 1992; 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, 1991, 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., 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: eA 4 LQi Chris Serres, City Secretary City of Nederland, Texas 236 CITY OF NEDERLAND C07 RESOLUTION NO. 1991 -5 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AUTHORIZING THE BORROWING OF MONEY TO PURCHASE A FIRE TRUCK. WHEREAS, the City of Nederland was desirous of purchasing a fire truck, and WHEREAS, bids for said fire truck were advertised as required by law, and WHEREAS, it was determined that Martin Apparatus submitted the lowest and best bid in the amount of $182,632.00, and WHEREAS, it is necessary for the City of Nederland to borrow a part of this purchase price in order to pay for said fire truck, and WHEREAS, the City Manager has determined that the best loan to be obtained was submitted by NCNB Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City Mayor and City Secretary are hereby authorized to borrow in the name of the City of Nederland the sum of ' $128,556.00 from NCNB Texas Bank. Said term of said note shall be five annual payments in the amount of $32,580.47 which includes interest at the rate of 8.45% per annum. The City Mayor and City Secretary are hereby authorized to sign all papers necessary to obtain said loan. PASS D AND APPRQVD b the he City Council at its regular meeting on the � day of l}h`�..� - y� %, A.D. , 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Ser es, City Secretary City of Nederland, Texas 1 Z3 STATE OF TEXAS COUNTY OF JEFFERSON 00 O AGREEMENT On this 8 day of July , 1991, 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 S1.230.00 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 patrolling 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 8 day of July A.D., 1991. City of Nederland, Texas Nederland ISD Mayor President, Board f Trustees ATTEST: City of Nederland, Texas City Secretary JOINT PUBLIC HEARING OF THE CITY COUNCILS OF THE CITIES OF NEDERLAND, PORT NECHES, GROVES & PORT ARTHUR 8:00 P.M. JULY 17, 1991 TIME AND PLACE The meeting was called to order by Mayor Mary Ellen Summerlin at 8:00 p.m. on July 17, 1991 in the City Council Room, 5th Floor, City Hall, City of Port Arthur, 444 Fourth Street, Port Arthur, Texas. QUORUM The following members of the City Councils were present: NEDERLAND Mayor Pro Tem Billy Doornbos, Councilmembers Ceyril Paulus and Melvin Moss; PORT NECHES Mayor G. C. Graham, Councilmembers Jimmy Hollier, Gary Shearer, Ed Perkins and Matt Mathis; GROVES Mayor Sylvester Moore, Councilmembers Gene Venable, Gary Graham and Steve Corley; and, PORT ARTHUR Mayor Mary Ellen Summerlin, Mayor Pro Tem Pat Rachal, Councilmembers Jim Hartley, Lawrence Pierre, Tom Henderson and Robert Allen. The following City Managers and City Attorneys were also present: NEDERLAND City Manager D. E. Sosa and City Attorney W. E. Sanderson; PORT NECHES City Manager Jim Harrington and City Attorney Harry Wright; GROVES City Attorney Earl Black; and, PORT ARTHUR City Manager Curt Boganey and City Attorney Doyle Curtis. I INVOCATION The invocation was given by Mayor Sylvester Moore of Groves, followed by the pledge to the flag. PUBLIC HEARING Port Arthur Mayor Mary Ellen Summerlin called a Public Hearing to order at 8:05 p.m. to consider the matter of just and reasonable rates for Southern Union Gas Company for gas utility services in the Cities of Nederland, Port Neches, Groves and Port Arthur. Mr. Paul Gerts, Attorney, Organ, Bell & Tucker, 470 Orleans Street, Beaumont, and representing Southern Union Gas Company appeared before the City Councils and gave an overview of Southern Union Gas Company's intent to increase rates. NEDERLAND Mayor Carl N. "Cropo" LeBlanc arrived at the meeting. Mr. Russell Buss, Vice President of Southern Union Gas Company Port Arthur, 8500 Lynwood Drive, Port Arthur, appeared before the City Councils and gave a slide and video presentation on investments made in their system to reduce the cost of gas for the customers. Mr. Buss requested that Southern Union Gas be granted the rate increase so that they can continue to provide quality service. 1 1 Minutes continued, July 17, 1991 PORT NECHES Mayor Pro Tem Frances Monk arrived at the meeting. Mr. Jay Cummings, Director of Rates, Austin Southern Union Gas Company, 400 W. 15th Street, Austin, explained to the City Councils the financial issues in recent rate cases and stated that the proposed substantial increase was justified. He added that if no increase is approved the Company will be forced to appeal to the Railroad Commission in Austin. If an appeal is filed the customers will ultimately pay the expenses of such an appeal. Southern Union Gas would be willing to accept a compromise of $820,000, which would increase customer monthly bills by approximately $1.05. PORT ARTHUR Councilman Willie Lewis arrived at the meeting. Mr. Buss informed the Councils that 55% of their gas is spot gas which is purchased through a commodity program of two to three suppliers and the cost fluctuates with the market price of gas. The remaining 45% of gas purchased is take or pay gas. Mr. Cummings explained the effect of the recent sale of the Phoenix Operation on this area and how it had not been approved by the Arizona Commission. The implications of this sale had not been reflected in this filing. The test year of this filing covers the period ending September, 1990. The Company intends to take the proceeds from this sale and acquire other distribution properties in Texas. Mr. Dan Lawton and Mr. Jack Pose of Diversified Utilities Consultants, Inc., rate consultants hired by the cities gave their reasoning to recommend no rate increase be approved. Mr. Lawton explained that bad investments on the part of Southern Union Gas was a major factor in their recommendation to deny a rate increase at this time. Mr. Pose gave an overview of major issues in recent rate cases by Southern Union Gas. He stated that if the increase is granted the average residential customer would pick up an additional $4.70 a month, which averaged through the year, would be a 33% increase on base rates. He further explained that during the winter months the average customer will pay $8.00 to $11.00 more per month. Mr. Pose stated that at the current rates a customer who uses the minimum amount of gas pays $5.85 and the Company wants to raise that base rate to $8.50, which amounts to a 45% increase to those customers who use the minimum. Mr. Lawton stated that DUCI does recommend rate increases when they are justified. They are currently recommending an increase for Inner Gas Corporation in Lubbock for approximately half of their request. Mr. Cummings explained to the Council that it is reflected on customer bills when gas prices decrease. 239 'J Minutes continued, July 17, 1991 Mr. Lawton added that Southern Union Gas has access to more capital as a result of the acquisition by Metro Mobile, a phone company out of Connecticut. He pointed out that the Gas Utility Public Regulatory Act has a provision on acquisitions and that is the guidelines they used in recommending denial of the acquisition adjustment. Mr. Cummings commented on the acquisition adjustment. He stated that the price paid for Southern Union Gas was far below market value. He added that benefits to the customer have occurred and the dollars for the system improvements would not have been available without the merger. Mr. Scott Bellaire, 3808 - 35 Street, Port Arthur, employee of Southern Union Gas, stated that he was of the opinion that if the Company does not receive some rate relief then there would have to be a reduction in workforce. Mr. Joseph Roy, 5944 Pat, Port Arthur, retiree of Southern Union Gas, spoke in favor of the proposed rate increase. Mr. Mike Braddish, 2434 Harmon Circle, Port Neches, employee of Southern Union Gas, commended the Company for providing excellent service. Mr. Ed Scayro, 3421 - 8 Street, Port Arthur, spoke in favor I of the proposed rate increase. Mrs. Sandra Harvey, 3001 - 8 Street, Port Neches, spoke in favor of the proposed rate increase. Mr. Pose stated that Southern Union Gas is requesting an additional $173,294 in payroll expenses, excluding pension and insurance benefits, for 86 local employees. Mr. Chuck Loye, Rate Manager of Southern Union Gas, Austin, stated that approximately $400,000 of the rate increase request is employee related. In addition to the $173,294 for payroll, increases of $20,000 - $30,000 for employee taxes, $72,000 for pensions and approximately $125,000 for benefits is needed. There being no further questions and /or comments, a motion was made and seconded to close the Public Hearing at 10:21 p.m. EXECUTIVE SESSION Mary Ellen Summerlin, Mayor, City of Port Arthur, advised that an Executive Session will now be held pursuant to Article 6252- 17 Section 2(e) to receive legal advice regarding Southern Union Gas Company's request for a rate increase. 1 Minutes continued, July 17, 1991 ADJOURNMENT There being no further business, the meeting was adjourned at 11:30 p.m. 1 ATTEST: L onna Floyd, Act'ng City Secretary City of Nederland, Texas 1 1 L��-z Carl N. LeBlanc, Mayor City of Nederland, Texas 241 242 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 22, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. on July 22, 1991 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Billy W. Doornbos, Councilman W. Ceyril Paulus, Councilman Will E. Schroeter, and Councilman Melvin L. Moss. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Council Moss to approve the minutes of the July 8, 1991 meeting. All Voted Aye. PUBLIC HEARING Mayor Carl N. LeBlanc called a Public Hearing to order at 6:35 for the purpose of considering the rate increase request by Southern Union Gas Company. , W. E. Sanderson, City Attorney, entered into evidence a Review of the Statement of Intent submitted by Diversified Utility Consultants, Inc.; Southern Union Gas Presentation to Nederland City Council, 1991; Southern Union Gas Company's response to the report submitted by D.U.C., Inc. date June 11, 1991; and Southern Union Gas Company's schedules to support Statement of Intent to change rates, Volume I, March 28, 1991. Mr. Sanderson then announced that the purpose of this Public Hearing was to get input from citizens and Councilmembers relative to the rate increase request. The Council then received comments from Mr. Russell Buss, Southern Union Gas, and Councilman Doornbos regarding the rate increase request. The Public Hearing was adjourned by Mayor Carl N. LeBlanc at 6:45 p.m. 443 Minutes Continued, July 22, 1991 ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Ordinance No. 409 decreasing rates charged by Southern Union Gas in the City of Nederland. All Voted Aye. CITY SERVICES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to accept the City Manager's proposal to continued once -a- week garbage pickup and further directed the City Manager to conduct a feasibility study on selected twice -a -week garbage pickup. All Voted Aye. A motion was made by Councilman LeBlanc and seconded by Council Doornbos to authorize Excavator and Constructors to perform maintenance work at the Mid County Municipal League Landfill. (Approximate Cost $10,000) All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize the City Manager to apply $40,000 of reserved funds toward water plant maintenance. All Voted Aye. ' A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize receiving of proposals for a fuel storage terminal. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to Harold L. Locke and Associates in the amount of $281.21 for settlement determination at the Mid County Municipal League Landfill. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment to G &B Petroleum in the amounts of $652.00, $13,300.00 and $4,740.00 for services related to removal of underground fuel storage tanks at the City Service Center. All Voted Aye. WATER PLANT A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table receiving comments from Treysta Company pertaining to a lease /purchase option for the City's proposed water treatment plant. All Voted Aye. 244 Minutes continued, July 22, 1991 COMMUNICATIONS Mayor LeBlanc reported that he received a questionnaire from SETRPC regarding a three county regional telephone calling scope election. The questionnaire was inquiring as to whether or not local governments would like to participate in such an effort. He directed the City Manager to place this item on the agenda for the next City Council meeting. D. E. Sosa, City Manager, gave a brief overview on the in lieu of tax contract between the City of Nederland and Union Oil stating that Union Oil has agreed on 75% of market value. D. E. Sosa, City Manager, informed the Council that a work session would be scheduled for Monday, July 29, 1991, 5:00 p.m. relative to the 1991 -1992 fiscal budget. Mr. Sosa also informed the Council that the newly revised personnel ordinance is now complete and that he would have an updated copy to the Councilmembers as soon as possible. Mr. Sosa then asked the Council permission to compensate Mr. Ken Walston for services performed in connection with the rewriting of this ordinance. He asked that the pay for services rendered be between $300 -$500. ' Councilman Paulus responded that he was in favor of paying Mr. Walston $300 -$500 for work performed. Councilman Doornbos inquired as to whether or not any applications had been received for the position of Finance Director. The City Manager responded that he had received five applications and was currently investigating the best possible means of advertising without receiving two to three hundred applications. Councilman Paulus asked the City Manager to identify "City Hall Staff" as it relates to the job description of Finance Director. The City Manager responded that he considered "City Hall Staff" as secretaries that work in the confines of City Hall. Councilman Paulus stated that he wanted the Department Heads to be responsible to the Minutes continued, July 22, 1991 Finance Director as far as the accountability Councilman Moss reported that he has seen City employees riding on top of the trash truck and the truck hit a power line. Mr. Moss suggested that the City Manager advise these employees not to ride on the top of this vehicle. I ADJOURN There being no further business, the meeting was adjourned at 8:35 p.m. ATTEST: Chris Se res, City Secretary City of Nederland, Texas L L��0,�- Carl N. LeBlanc, Mayor City of Nederland, Texas 245 of spending as it relates to the budget. Councilman Schroeter reported a weed /trash complaint on the east side of Helena @ 22nd Street and a complaint farther down on 22nd Street near the drainage ditch. Councilman Paulus suggested that the City begin picking up garbage on holidays instead of the Wednesday before or after the holiday. He stated that, with the old system, some customers were having to wait 1 1/2 weeks before their containers were being emptied. Councilman Paulus reported that the flashing light on back of one of the garbage trucks is not working. Councilman Paulus also reported that the stop sign on 29th Street @ Avenue H is not visible. Councilman Moss reported that he has seen City employees riding on top of the trash truck and the truck hit a power line. Mr. Moss suggested that the City Manager advise these employees not to ride on the top of this vehicle. I ADJOURN There being no further business, the meeting was adjourned at 8:35 p.m. ATTEST: Chris Se res, City Secretary City of Nederland, Texas L L��0,�- Carl N. LeBlanc, Mayor City of Nederland, Texas 245 246 -7 c ORDINANCE NO. 409 AN ORDINANCE DECREASING RATES TO BE CHARGED BY SOUTHERN UNION GAS COMPANY IN THE CITY OF NEDERLAND, TEXAS, FINDING THAT RATES APPROVED HEREIN WILL PROVIDE REVENUES AS REQUIRED BY LAW, PROVIDING AN EFFECTIVE DATE, PROVIDING FOR SCHEDULES, CONDITIONS, AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on March 28, 1991, Southern Union Gas Company ("SUGC" or "Company ") filed with the City of Nederland a request for an increase in gas utility rates to be charged within the City in the amount of $1,910,344 per annum in the South Jefferson County Service Area, which includes the Cities of Groves, Port Arthur, Nederland, and Port Neches, Texas; and WHEREAS, on April 8, 1991, the City Council suspended SUGC's request for a rate increase from May 2, 1991, for a period not to exceed ninety (90) days, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, on April 8, 1991 the City Council adopted Ordinance No. 408 calling for a Public Hearing to be held May 20, 1991 for the purpose of hearing evidence for and against such rate increase; and WHEREAS, said public hearing was recessed and continued to a future date in order to allow time for Rate Consultants to prepare and submit their report to the City Council and allow time for the Council to consider the same; and WHEREAS, said report was received on July 11, 1991, and filed with the city; and WHEREAS, after published notice as required by law, said public hearing that commenced on May 20, 1991, was reconvened on July 22, 1991, at 6:30 p.m. and the City Council proceeded to hear all evidence presented by SUGC and all evidence presented by the City's Rate Consultants; all of the evidence presented by SUGC and the City's Rate Consultants was received and filed for record as a part of the public hearing. All citizens requesting to speak, either for or against the rate increase request, were heard and the public hearing was declared closed; and 1 1 1 447 WHEREAS, the City Council, having considered all of said testimony and the evidence filed herein, has determined that the current rates being charged by SUGC in the City should be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION l: - that the base rates, tariffs, and charges, exclusive of fuel costs, of SUGC for gas service sold within the City be revised to decrease annual revenues by $116,909 in the South Jefferson County Service Area. Such Schedules of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render gas service and to collect charges from its customers for the sale of natural gas 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: - It is hereby found and determined that the existing rates charged by the Company with the City are excessive and unreasonable and that the rates established hereby are just and reasonabie. SECTION 3: - The rates approved hereby fix the overall revenues of the Company at a level which will permit SUGC a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above the Company's reasonable and necessary operating expenses. SECTION 4: - The rates approved hereby shall be effective and in force as of the date hereof and shall be charged and observed thereafter until revised according to law. Billings for periods of consumption which include consumption both under the Company's existing rate and the rate established hereby shall be prorated, based on the days within each such period, as though daily consumption was equal on each day throughout both such periods. SECTION 5: - That SUGC shall file with the City within ten (10) days hereof a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such decrease in total operating revenues as prescribed herein. The 2 err... a ;,ueti .248 9 rate design implemented by such schedules and tariffs shall be in accord with SUGC existing rate design. Such Schedule of Rates and Tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. Should SUGC fail to file such revised schedule of rates and tariffs within such ten (10) days period all existing base rates shall be reduced across the board in the amount of $116,909 in the South Jefferson County Service Area. Each customer bill shall reflect and each customer shall be charged a base rate charge reflecting such reduction. SECTION 6: - 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 SUGC within the City of Nederland in accordance with Vernon's Ann. Civ. St. art. 1446(e) Gas Utility Regulatory Act. SECTION 7: - 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 SUGC. SECTION 8: - That all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. SECTION 9: - That a certified copy of this Ordinance be delivered immediately to SUGC by the City Clerk. PASSED, APPROVED AND ADOPTED at a reg lar meeting of the City Council of the City of Nederland held one -1 V 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas The foreg •ng Ordinance, including all the provisions thereof, is her by p oved as to form and legality. W. E. Sanderson, City Attorney City of Nederland, Texas 1 i J Z 49 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:00 p.m. July 29, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 5:00 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus, Councilman Billy W. Doornbos. INVOCATION The invocation was given by Mayor Carl N. LeBlanc. EXECUTIVE SESSION The Executive Session was called at 5:04 p.m. relative to the Director of Public Works salary adjustment and promotion as provided for under Article 6252 -17, Section 2(g), V.T.C.S. The Executive Session adjounred at 5:35 p.m. and the regular meeting was called back to order. Mayor Carl N. LeBlanc announced that the Executive Session was held for the purpose of receiving information relative to the Director of Public Works' salary and promotion and that the Council directed the City Manager to place this item on the open meeting agenda for a later Council meeting. CITY DEPARTMENTS D. E. Sosa, City Manager, asked for an adjust - AND OFFICES ment in salary for the Public Works Foreman, Water Construction Foreman and Plant Maintenance Foreman stating that he has asked each of these foremen to take on additional responsibilities. After a full discussion, a motion was made by Mayor Carl N. LeBlanc to increase the salaries of the Public Works Foreman, Water Construction Foreman and Plant Maintenance Foreman. Due to the lack of a second, the motion failed. The Council then received comments from employees of various departments regarding salary and benefit increases for the 1991 -1992 fiscal year. 4 4 a U Minutes Continued, July 29, 1991 A motion was made by Councilman Paulus and seconded by Councilman Schroeter to table taking action on employee salary and benefit requests. All Voted Aye. Mayor Carl N. LeBlanc called a recess in the regular meeting at 6:55 p.m. Mayor Carl N. LeBlanc called the meeting back to order at 7:05 p.m. WORK SESSION A work session was conducted relative to the 1991 -1992 City of Nederland Budget. A work session was conducted relative to the amendment of Ordinance No. 147. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:00 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ' Chris Ser es, City Secretary City of Nederland, Texas 1