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1991-1992I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. AUGUST 12, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the July 22, 1991 meeting. All Voted Aye. PRESENTATION Mayor Carl N. LeBlanc received an award from VFW Post 6384. ELECTION Mrs. Peggy Griffin, Precinct Election Judge, reported that a total of 786 votes were cast in the Absentee and General elections combined. She then reported that there were 567 votes cast "for ", 216 votes cast "against" and 3 no votes for the collective bargaining issue. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve payment to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. Don Kelly, South East Texas Regional Planning Commission, spoke to the Council regarding the Regional Telephone Calling Scope Election. Mr. Kelly emphasized that the Regional Planning Commission was neither advocating nor opposing this proposal but merely trying to determine whether or not the local governments are supportive of this measure. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve the Regional Telephone Calling Scope Election contingent upon approval by the City of Port Neches. All Voted Aye. FINANCE A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to accept the 1991 appraisal roll in the amount of $333,782,760 as certified by the Jefferson County Appraisal District. All Voted Aye. Minutes continued, August 12, 1991 PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 7:15 p.m. for the purpose of receiving comments on the proposed City of Nederland budget for the fiscal year beginning October 1, 1991 and ending September 30, 1992. Mayor LeBlanc called for any questions and /or comments relative to the proposed budget. There being no questions and /or comments Mayor LeBlanc adjourned the Public Hearing at 7:27 p.m. FINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to adopt the 1991 -1992 budget as presented. All Voted Aye. ORDINANCES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve ordinance No. 410, levying taxes within the City of Nederland. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve an Amendment to Personnel Ordinance No. 147 and to approve payment in the amount of $500.00 to Kent Walston for services rendered in developing Ordinance No. 147. All Voted Aye. FINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the appointment of James Neushafer as City auditor for the 1990 -1991 fiscal year. All Voted Aye. MID COUNTY A motion was made by Councilman Paulus and seconded by MUNICIPAL LEAGUE Councilman Schroeter to authorize the City of Nederland to LANDFILL apply for a Class V landfill permit to compost at the existing Mid County Municipal League Landfill. All Voted Aye. POLICIES AND A motion was made by Councilman Paulus and seconded by Mayor PROCEDURES LeBlanc to authorizing the hiring of Kent Walston to aid in the establishment of a wage and salary classification study for the City of Nederland. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councimar. Schroeter to table amending the existing City of Nederland Drug Policy to include random testing. All Voted Aye. PROPERTY - A motion was made by Councilman Schroeter and seconded by MUNICIPAL BUILD- Mayor LeBlanc to authorize DuPont an extension to conduct tests INGS & SITES on City Property as required by the Texas Water Commission. All Voted Aye. POLICIES AND A motion was made by Councilman Schroeter and seconded by PROCEDURES Councilman Paulus to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to authorize payment of the bills for the month of July, 1991. All Voted Aye. Minutes continued, August 12, 1991 8:22 p.m. relative to the employment of a TAXES - SALE OF A motion was made by Mayor LeBlanc and seconded by Councilman authorized by TEX. REV. CIV. STAT. ANN. Art. 2 (g) (Vernon Supp. 1990)). DELINQUENT TAX Paulus to accept bids received by Jefferson County for Lot 13, The Executive Session adjourned at 9:00 p.m. PROPERTY Block 14, Hillcrest I; Lot 7, Block 4, Hillcrest I; and, Lots meeting was called back to order. 8 and 9, block 5, Staffen Addition as accepted by the County and School District. All Voted Aye. CITY MEMBERSHIPS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize the City Attorney to renew membership in the Texas City Attorney's Association. All Voted Aye. POLICIES AND A motion was made by Councilman Schroeter and seconded by PROCEDURES Councilman Paulus to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to authorize payment of the bills for the month of July, 1991. All Voted Aye. Mayor LeBlanc announced that the Executive Session was for information purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, reported that the staff was prepared to begin repairs at 30th Street and Gary Avenue but were delayed by the weather. Councilman Moss asked whether or not the letter had been written to Kansas City Southern Railroad. The City Manager responded that the letter had been written and no response has been received. Councilman Doornbos inquired about the status of the maintenance program on airport property. Mr. Sosa informed Councilman Doornbos that the manholes on county property needed to be raised and that the County would participate on this project. Councilman Doornbos asked if any decision had been made relative to the YMCA's request to use city facilities to conduct recreation programs. The City Manager responded that a letter had been written to the State relative to this matter but no response has been received. EXECUTIVE SESSION An Executive Session was called to order by Mayor LeBlanc at 8:22 p.m. relative to the employment of a finance officer ' authorized by TEX. REV. CIV. STAT. ANN. Art. 2 (g) (Vernon Supp. 1990)). 6252 -17, Section The Executive Session adjourned at 9:00 p.m. and the regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session was for information purposes only and no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, reported that the staff was prepared to begin repairs at 30th Street and Gary Avenue but were delayed by the weather. Councilman Moss asked whether or not the letter had been written to Kansas City Southern Railroad. The City Manager responded that the letter had been written and no response has been received. Councilman Doornbos inquired about the status of the maintenance program on airport property. Mr. Sosa informed Councilman Doornbos that the manholes on county property needed to be raised and that the County would participate on this project. Councilman Doornbos asked if any decision had been made relative to the YMCA's request to use city facilities to conduct recreation programs. The City Manager responded that a letter had been written to the State relative to this matter but no response has been received. Minutes continued, August 12, 1991 Councilman Doornbos inquired whether or not the bo -mag had been leased to any other government entity. Mr. Sosa responded that no inquiries have been received. ADJOURNMENT There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:15 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas �I 1 ORDINANCE NO. 410 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 1991, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES) AND SETTING THE DELINQUENT TAX DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and for the provision of interest and sinking funds for the year Nineteen Hundred and Ninety One (1991) upon all property (real, personal and m xed) within the corporate 1lmite of the said City subject to taxation. A tax of seventy cents ($.70) per ach one hundred dollar. ($100.00) valuation of property shall be levied and apportioned to specific purposes herein set forth: (a) For the m intenance and support of General Government (General Fund) 53.26% of each one dollar ($1.00) levied on the 1991 Tax Roll. (f) For the purpose of paying interest and principal on the .even million forty thousand dollar ($7,047,000.00) Street and Sewer sonde, Serie. 1986, 26.04% of each one dollar ($1.00) levied on the 1991 Tax Roll. SECTION II That taxpayer, 'hall be allowed no discount for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1991. (b) For the purpose of paying interest and principal on the five hundred twenty thousand dollar ($520,000.00) Street Improvement Bond,, Series 1962, 1.05% of each dollar ($1.00) levied on the 1991 Tax Roll. (c) For the purpose of paying Interest and principal on the one million eighty thousand dollar ($1,080,000.00) Street Improvement Bond,, Serie, 1967, 4.20% of each dollar ($1.00) levied on the 1991 Tax Roll. (d) For the purpose of paying interest and principal on the three million dollar ($3,000,000.00) Street Improvement Bond,, Series 1978, 6.68% of each o e dollar ($1.00) levied on the 1991 Tax Roll. (e) For the purpose of paying inte rest and principal on the two million dollar ($2,000,000.00) Street Improvement Bond,, Series 1980, 6.77% of each one dollar ($1.00) levied on the 1991 Tax Roll. (f) For the purpose of paying interest and principal on the .even million forty thousand dollar ($7,047,000.00) Street and Sewer sonde, Serie. 1986, 26.04% of each one dollar ($1.00) levied on the 1991 Tax Roll. SECTION II That taxpayer, 'hall be allowed no discount for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1991. SECTION III That the ad valorem taxes herein levied for the year 1991 shall become due January 1, 1992, though payable on the first day of October, 1991, and may be paid up to and including the following January 31, 1992, without penalty; but if not paid such taxes shall become delinquent on the following day, February 1, 1992, and the following penalties shall be payable thereon to -wit: (a) If paid during the month of February, six percent (6i); (b) If paid during the month of March, seven percent (7i); (c) If paid during the month of April, eight percent (87); (d) If paid during the month of May, nine percent (9i); (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 (12e); Such unpaid taxes shall bear an interest rate of twelve percent (128) per annum from February 1, 1992, the e m e being the next year succeeding the year 1991, and if paid on or after the first day of July, 1992, twelve percent (12%) interest for which taxes are hereby levied or assessed. Tax cost shall be one dollar. SECTION IV That unpaid taxes shall be considered delinquent a of February 1, 1992, and .hall 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 1 Nederland at Its regular meeting of said Council this 12 day of August, 1991. ATTEST; S /CHRIS SERAES Chris Sarre., Clty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, Clty Attorney City of Nederland, Tex a. S /CARL N. "CROPO" LEBLANC Carl N. ^Cropo^ Leblanc, MayoY City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 26, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. DoornbOS. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the minutes of the special meeting of July 29, 1991 contingent upon correcting the minutes to reflect that Councilman Doornbos was absent and to apporve the minutes of the regular meeting of August 12, 1991. All Voted Aye. ' GENERAL A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table receiving comments from Mr. Romulo L. Diaz, Sr., 2916 West Boston Drive, pertaining to sewer and drainage. All Voted Aye. PROCLAMATIONS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a Proclamation declaring August 25 -31, 1991 as "National Association of Letter Carriers' Week" in Nederland, Texas. All Voted Aye. PROPERTY- MUNICI- A motion was made by Councilman Doornbos and seconded PAL BUILDINGS & by Mayor LeBlanc to table authorizing payment of Change SITES Order No. 2 in the amount of $1,860.56 relative to an increase in price for light poles for Doornbos Park Phase II until this problem could be further investigated. All Vote Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to Town Design Group in the amount of $3,025.00 for professional services rendered in connection with Doornbos Park improvements. All Voted Aye. Minutes Continued, August 26„ 1991 UTILITIES- Received comments from the City Manager relative SEWER & WATER to an increase of $4.00 in water and sewer rates, with $2.00 going toward the base water rate and $2.00 going toward the base sewer rate. He stated that it is the City's goal to generate working capital and possible sell a lower issuance of certificate of obligations. UTILITES- A motion was made by Mayor LeBlanc and was seconded by SOUTHERN UNION Councilman Paulus to hire Don Butler to represent the GAS City of Nederland in the Southern Union Gas rate case. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor LeBlanc at 7:50 p.m. relative to the employment of a finance officer authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g) (Vernon Supp. 1990). The Executive Session was adjourned at 8:35 p.m. and the regular meeting was called back to order by Mayor Carl N. LeBlanc. Mayor. LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNITICATIONS Mike Lovelady, Fire Chief, addressed the Council con- cerning a "Knox -Box Rapid Entry System" which he would like to see implemented throughout the City. It is a device which would allow the fire and /or police depart- ment quicker access into buildings without forced entry or delayed response. The Fire Chief stated that the only cost to implement this system would be $25.00 per fire engine for a total of $75.00, adding that business participation would be on a voluntary basis with an approximate cost to businesses of $120.00. Billy Neal, Police Chief, reiterated that this system would be an advantage to both the police and fire departments. He then addressed the Council concerning traffic problems on Nederland Avenue and stated that the Police Department is currently investigating the possibility of having an ordinance passed relative to parking on private property to alleviate the loitering along Nederland Avenue. Chief Neal concluded his overview of the problems which are presently concerning the Police Department stating that the 911 system is progressing on schedule and should be implemented by the first of the year. Minutes Continued, August 26, 1991 Steve Hamilton gave an overview of the job duties assigned to the Public Works Department along with a flow chart describing the duties assigned to each individual employee. Councilman Doornbos inquired about the drug policy, revenues and expenditures for all departments and Dupont's testing for contamination on City property. D. E. Sosa, City Manager, responded that the drug policy is currently being amended to include random drug testing and would be brought back before the Council at a later time and that, as for as Dupont's testing, he has received several detailed reports as to the status of the soil. Councilman Doornbos then suggested that the City request Dupont to extend the testing to sections of the property that would satisfy the City that the contamination has not spread further than the original testing site. He then stated that he could suggest consultants for this purpose. Councilman Paulus stated that he has received complaints relative to recycling containers being missed and complaints relative to meters being estimated. D. E. Sosa, City Manager, responded that he would contact BFI concerning the missed containers and that he would get with the Water Department to correct the problems with the meters. Councilman Schroeter reported that the lights in the restroom at Doornbos Park need to be replaced. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:50 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: N A l llvv"41 Chris Ser es, City Secretary City of Nederland, Texas CITY OF NEDERLAND A PROCLAMATION WHEREAS, The National Association of Letter Carriers Branch #1179 have shown an ever- increasing concern for the welfare of this nation's victims of neuro - muscular; and WHEREAS, the Jerry Lewis Labor Day Telethon provides major support for the Muscular Dystrophy Association, which sponsors a worldwide program of scientific research on neuromuscular diseases and maintains a network of 230 hospital- affiliated clinics to serve patients throughout the country diagnosed with one of the 90 neuromuscular diseases; and WHEREAS, the City of Nederland is proud to support the National Association of Letter Carriers -- this organization is the oldest sponsor of MDA and has been raising funds for over 39 years. Each year the dollars they raise benefit the lives of so many others; NOW, THEREFORE, I, Carl N. LeBlanc, Mayor of the City of Nederland, do hereby proclaim the week of August 25 -31, 1991 as "NATIONAL ASSOCIATION OF LETTER CARRIERS' WEEK" in Nederland and urge all citizens to give full support, as they , have done so generously in the past, to the National Association of Letter Carriers' fight against muscular dystrophy. IN WITNESS WHEREOF, witness my hand and Seal of the City of Nederland this the 23rd day of August, 1991, A.D. ATTEST: Chris Serres, City Secretary City of Nederland, Texas (� Zdll, Carl N. LeBlanc, Mayor City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 3:00 P.M. TIME AND PLACE CITY OF NEDERLAND September 9, 1991 The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the minutes of August 29, 1991 meeting as written. DRIVEWAY PROGRAM A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to defer the Drive- ' way Program for 1991 and to notify all persons interested in having the driveway blacktopped with names of contractors who will provide this service. All Voted Aye. UTILITIES - WATER A motion was made by Mayor LeBlanc and seconded & SEWER by Councilman Paulus to call a Public Hearing to be held September 23, 1991 at 6:30 p.m. and the Nederland City Office Building for the purpose of discussing an increase in water and sewer rates to finance the proposed water plant. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize payment of the bills for the month of August. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that he has received a letter notifying him that Port Arthur Engineers are investigating the possibility of placing a traffic light at the intersection of Hwy. 365 and 21st Street. I '%; Minutes Continued, September 9, 1991 Steve Hamilton, City Engineer, reported to the Council that there has been an excessive amount of trash to be picked up and asked for some direction as to the amount the City would pick up at one time. Mayor LeBlanc responded that the excess volume is a seasonal situation for the City and that the City had an obligation to its citizens to meet their needs. He added that he felt the City should pick up all the trash regardless of the volume. Councilman Doornbos inquired about the potential change order on the Doornbos Park project. Steve Hamilton, City Engineer, responded that he has spoken to the contractors, however more information was needed and that he would report to the Council as soon as he had the information. Councilman Paulus inquired about the drainage situation in Christina Court. D. E. Sosa, City Manager, responded that the City legally could not participate in this ' matter and that he suggested the residents take civil action. Councilman Moss inquired about the smoke testing to be done at the Airport. Steve Hamilton, City Engineer, responded that the testing has begun at the Airport. Councilman Paulus inquired about collective bargaining. D. E. Sosa, City Manager, stated that he would send information regarding this matter in the Friday packets. Mayor LeBlanc then called for a fifteen minute recess in the regular meeting at 3:45 p.m. and announced that an Executive Session would be held at 4:00 p.m. � I Minutes Continued, September 9, 1991 EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 4:00 p.m. relative to the employement of a finance officer authoreized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17 Section 2(g) (Vernon Supp. 1990). The Executive Session was adjourned at 8:35 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor Carl N. LeBlanc announced that the purpose of the Executive Session was concerning the employment of a finance officer and director the City Manager to place this item on the next open meeting agenda. ADJOURN There being no further business, the meeting adjourned at 8:37 p.m. ATTEST: I Chris Serres, City Secretary City of Nederland, Texas C� Carl N. LeBlanc, Mayor City of Nederland, Texas 14 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 34-e0 P.M. September 23, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. WELCOME Mayor Carl N. LeBlanc welcomed Boy Scout Troop 53 along with Scout Masters Gary Chapman and Emile Oleksy. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the September 9, 1991 meeting as written. All Voted Aye. PROCLAMATIONS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve two Proclamation declaring September 23, 1991 "United Way Kick -Off Day" and "Mediators' Day" in Nederland, Texas. All Voted Aye. PUBLIC HEARING Mayor Carl N. LeBlanc convened a Public Hearing at 6:40 p.m. for the purpose of discussing proposed water and sewer rate increases to fund the construction of a new water treatment facility. Citizens in attendance for the Public Hearing were as follows: Ava Vincent, Mark Petersen and Robert Rothrock. D. E. Sosa, City Manager, gave a brief overview as well as answered questions relative to future plans and regulations for the construction of the new water treatment plant. Minutes Continued, September 23, 1991 The Public Hearing was adjourned by Mayor Carl N. LeBlanc at 7:15 p.m. UTILITIES - A motion was made by Mayor LeBlanc and seconded WATER & SEWER by Councilman Doornbos to approve a $2.00 increase each in the water and sewer base rate and to authorize Mayor Carl N. LeBlanc to sign an amendment to Ordinance No. 155 increasing these rates. All Voted Aye. EASEMENTS - A motion was made by Councilman Paulus and WATER & SEWER seconded by Councilman Schroeter to accept an easement from H.E.B. Grocery Company for the purpose of installing, maintaining and repairing water and sewer utilities. All Voted Aye. (Legal Description: Vol 3 page 215) A motion was made by Councilman Paulus and seconded by Councilman Doornbos to table procuring an easement for the purpose of extending sewer services to property between Green Street, Highway 69 and Viterbo Road for further study. All Voted Aye. TAXES - GENERAL A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to remove Account No. 700000 - 661075 -5 from the 1989 -1990 Tax Rolls in the amount of $372.85 due to Bankruptcy Case No. 90- 10504, Mr. Julius M. Barnard, II. All Voted Aye. CAPITAL IMPROVE- A motion was made by Mayor LeBlanc and seconded MENTS by Councilman Schroeter to authorize the City of Nederland to purchase a new police car under the State Purchasing and General Services Commission and to execute the necessary documents for such action. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize advertisement for bids to be received at 3:00 p.m., October 14, 1991 to sell one (1) 1983 Ford Van. All Voted Aye. L'� I h Minui�'es Continued, September 23, 1991 FINANCE - AUDIT A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to amend the motion to appoint Mr. James L. Neushafer as auditor for the 1990 -1991 fiscal year to read "appointing the firm of Neushafer to perform the 1990 -1991 audit ". All Voted Aye. MID COUNTY MUNI- A motion was made by Mayor LeBlanc and seconded CIPAL LEAGUE - by Councilman Doornbos to authorize payment to LANDFILL Excavators and Constructors in the amount of $7,759.40 for services performed at the landfill. All Voted Aye. PROPERTY - A motion was made by Mayor LeBlanc and seconded MUNICIPAL BLDGS. by Councilman Schroeter to authorize payment SITES to Austin Rio in the amount of $39,532.50 for services rendered at Doornbos Park but to table authorizing Change Order No. 2. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:50 p.m. relative to the employment of a finance officer authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17 Section 2)g) (Vernon Supp. 1990). ' The Executive Session was adjourned at 8:12 p.m. by Mayor Carl N. LeBlanc and the Regular meeting was called back to order. Mayor Carl N. LeBlanc announced that the Executive Session was held for informational purposes concerning the employment of a finance officer and that no action was necessary. APPOINTMENTS A motion was made by Mayor LeBlanc and was seconded by Councilman Paulus to appoint Mike Daws to fill the position of Finance Director. All Voted Aye. COMMUNICATIONS Councilman Paulus reported that Academics, Inc. is in the process of tearing down two buildings and trash is stacked up along 29th Street. Councilman Doornbos reported that the street between Navasota and Canal Avenue @ 27th Street is in need of repairs. Minutes Continued, September 23, 1991 Mark Petersen, citizen, reported that the vehicles traveling on West Chicago off 27th Street do not adhere to the speed limit set for that street. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:25 p.m. ATTEST: n Chris S rres, City Secretary City of Nederland, Texas u 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 17 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid Jeffason County, Texas aomre of tqe ringor Pir iot r lam, /A Cant N. " "Cupo" LeStane /, Gy virtue o/1 t1ie uutkority vested bt ine aA /Y(ayor of ti'ce City o/ //ederland, ✓exal, do �iereGy . //// Proc[abn Septemben 23, 1991 —4.4 //JJ qq�� "United Way Kick -o66 Day" / / in t�ce l.,ity of //ederCand, ,lexae, and urrge ea,l, and every ' Citizen oI our City to con Ai.bu,te to the United Way and xeeogn.ize the eonfiAibuti.on that United Way makes to oun community. AL te3ti no/nn y wlieereo , witne3d m y 4a, anti /.Seat o/ the City of /tederqq[acc,d t4i! t1ce 20 day o� iseptembeh, 1991 , -A.2. .,4lteyt: City of //ederCand, 5exad City secretary Mid,le%ferson County, Texas 91 Cant N."Cnopo" LeStanc. 4 f virtu e o /f�ie authority ueste,l in me act Mayor v / the / il f of /ed — land, ✓exact, do Lrely �roc[aiin September 23, 1991 —4, "Mediatona Day" in Elie Cily o/ W .Jerland, Jexae, and urrge eaclL and' every Citizen of our bill to neeognize the success o6 the Attennative Dispute Resotuti.on system in M66en6on County and, 6untheo., achnowfedge the e66o4ta o6 the votunteer mediators who have given oven 3,000 hours o6 votunteeA service and success6uUy resotved 330 disputes in their. senv.ice to the citizens o6 NedvUand and Je66eAAon County this 6iAca.Z y/eah. / Seat 9nntelli uouqy - Iiee/reo1, wilnese my 4iand and Sea[ oI tie Cilt of /leder[and lb, Elie 23 day o� eptemben, 1991 , A. 2. La- I.Azlzz- ' //�{'tayor lI////JJ pp // / Cily o/ /te�¢r tared, 5—al it y, )ecretary U 1g 20 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD *SEWER CONNECTION FEES $100.00 $150.00 WATER AND SEWER RATES, WATER METER 6" Sewer Tap 150.00 DEPOSITS, WATER AND SEWER CONNECTIONS FEES, 8" Sewer Tap SEWER AND WATER LINE MAINTENANCE FEES AND 300.00 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 Inside Outside Residential and Commercial: City City First 2,000 Gallons (minimum) $ 6.00 $ 10.00 All over 2,000 Gallons (per M)* 1.75 3.50 Water line maintenance (per M) .25 .50 *All apartment complexes computed at 958 capacity. *Or as required by provisions of outside City contracts. *SEWER RATES 6 * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 7.70 $ 13.40 All over 2,000 Gallons .65 1.30 Commercial (per month) 2,000 minimum 7.70 13.40 All over 2,000 Gallons (per M) .65 1.30 Sewer line maintenance (per M) .25 .50 *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 IU," 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 *SEWER CONNECTION FEES $100.00 $150.00 6" Sewer Tap 150.00 225.00 8" Sewer Tap 200.00 300.00 1 1 1 WATER METER AND GARBAGE CONTAINER DEPOSITS 3 Pickups per Week Up to 3/4" Water Tap Week $100.00 $100.00 1" Water Tap Total 150.00 150.00 1}" Water Tap Rate / 200.00 200.00 1h" Water Tap $ 19.20 250.00 250.00 2" and up Water Tap $ 2.23 300.00 300.00 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 + 7.758 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 $ 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. I£ 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 . 21 22 r B. This Ordinance shall take effect October 1, 1991. P ED AND APPRO ED b the� /City Council of the City of Nederland, Texas this � day of F, rN G.ti -'L� 1991. Carl N. LeBlanc, Mayor . City of Nederland, Texas ATTEST: Chris Serv6s, City Secretary City of Nederland, Texas APPROVE AS TO FORM AND LEGALITY: i W E. Sanderson, City Attorney City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. October 14, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the minutes of the September 23, 1991 meeting as written contingent upon the paragraph under "COMMUNICATIONS" concerning the repair of Navasota being stricken from the minutes. All Voted Aye. PROCLAMATIONS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve two Proclamation declaring October 13 -19, 1991 "National Higher Education Week" in Nederland, Texas. All Voted Aye. RESOLUTIONS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve Resolution 1991 -8 requesting the State Department of Highways and Transportation to retain the District 20 Office in Jefferson County and to approve Resolution 1991 -7 nominating Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County. All Voted Aye. CONTRACTS, AGREE- A motion was made by Mayor LeBlanc and seconded MENTS, & LEASES by Councilman Paulus to approve an amendment to the "in lieu of tax" contract between the City of Nederland and Union Oil of California. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the City Manager to sign an agreement with the City of Beaumont for landfill privileges for the fiscal year October 1991 through September 1992. All Voted Aye. Minutes continued, October 14, 1991 ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the Mayor, contingent upon a poll of city employees con- cerning exchanging one city holiday with another, to sign an amendment to Ordinance No. 147 granting Veteran's Day as a city holiday in exchange for President's Day and to sign an amendment to Ordinance 164 changing the regularly schedule November 11, 1991 Council meeting date to November 12, 1991 due to the Veteran's Day holiday. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to amend Ordinance No. 107 prohibiting unauthorized parking on commercially zoned private property. All Voted Aye. CAPITAL IMPROVE- A motion was made by Mayor LeBlanc and seconded MENTS by Councilman Paulus to authorize the advertisement for bids to be received October 28, 1991 at 6:30 p.m. for one (1) slope mower and tractor. All Voted Aye. Fire Chief, Mike Lovelady, opened and read bids received for one 1983 Ford Van and one 1957 American LaFrance fire truck. Bidders were as I follows: 1983 Ford Van - American Red Cross, South Jefferson County Chapter, 3747 Doctors Drive, Port Arthur, Texas 77642, - $15,001.00. 1957 American LaFrance - Jessie Buller, Inc., P. O. Box 1268, Vidor, Texas 77662 - $2,650.00. A motion was made by Mayor LeBlanc and se- conded by Councilman Paulus to award the bid for the 1983 Ford Van to the American Red Cross in the amount of $15,001.00 and to award the bid for the 1957 American LaFrance to Jessie Buller, Inc. in the amount of $2,650.00. All Voted Aye. SOUTH EAST TEXAS A motion was made by Councilman Doornbos and REGIONAL PLANNING seconded by Councilman Schroeter to authorize payments to the South East Texas Regional Planning Commission for SETRPC annual dues, Criminal Justice Program, Senior Citizen Program, Senior Volunteer Program, and contribution to South East Texas, Inc. totalling $5,360.90. All Voted Aye. Minutes continued, October 14, 1991 MONTHLY EXPENSES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment of the monthly bills as presented by the Treasurer. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, gave a brief overview relative to a project he would like to see the Mid County Municipal League undertake. Mr. Sosa stated that he felt it would be advanta- geous to the three cities to formulate a regional policy to be disbursed to all citizens in an attempt to educate the citizens as to the cost of disposing "trash" at the landfill. Mr. Sosa also asked each Councilmember to poll their constituents concerning bi- monthly billing for water, sewer and garbage services. Councilman Doornbos asked the City Manager to get some clarification relative to the letter sent by Don Butler concerning GSU Docket 7195. ADJOURN There being no further business, the meeting adjourned at 4:10 p.m. �I ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 25 z� CITY OF NEDERLAND A PROCLAMATION WHEREAS, Lamar University - Beaumont is an educationally purposeful community, a place where faculty and students share academic goals and work together to strengthen teaching and learning on the campus; and WHEREAS, Lamar University - Beaumont and its surrounding communities, benefit from mutual relationships and interdependence; and WHEREAS, 26 percent of the labor force is comprised of college graduates; and WHEREAS, our colleges and universities produce the mind power necessary to revitalize our nation and to keep America competitive internationally through an educated workforce; and WHEREAS, a college education remains a good investment that leads to better job opportunities and higher salaries, and lessens the chance of becoming unemployed; NOW, THEREFORE, I am pleased to join with my fellow citizens of Nederland, Texas in recognizing the vital role higher education plays in our community, and I hereby designate October 13 -19, 1991 BINATIONAL HIGHER EDUCATION WEEK" and urge all citizens of this community and Lamar University - Beaumont to "Share in a Community Endeavor." IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Nederland to be affixed this 8th day of October, 1991. ATTEST: N74 tom, 1"u", -, Chris Serre , City Secretary City of Nederland, Texas Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas 1 1 CITY OF NEDERLAND RESOLUTION NO. 1991 -7 THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of October 14, 1991 in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County. BE IT FURTHER RESOLVED that the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15 in accordance with said Statute. PASSED this /(- day of October, 1991. CARL N. LE BLANC Mayor MELVIN MOSS Councilman, Ward I CEYRIL PAULUS Councilman, Ward III ATTEST: A Z Chris Serres, City Secretary City of Nederland, Texas APPROVE TO FORM AND LEGALITY: W _ W. E. Sanderson, City Attorney City of Nederland, Texas WM. CHROETE , Councilman, Ward I BILLYYW.�DOORNBOS Mayor ProTem, Ward IV 27 28 CITY OF NEDERLAND RESOLUTION NO. 1991 -8 A RESOLUTION REQUESTING THE TEXAS HIGHWAY COMMISSION AND THE ENGINEER - DIRECTOR TO RETAIN THE DISTRICT TWENTY OFFICE IN JEFFERSON COUNTY, TEXAS. WHEREAS, the Department of Transportation will be created in the State of Texas by September 1, 1992, and consists of the Aviation Department of the State, the Texas Turnpike Authority, and the State Department of Highways and Public Transportation; and WHEREAS, the State Department of Highways and Public Transportation has been directed to reduce the number of district offices and to consolidate resources; and WHEREAS, the District Twenty Headquarters Office has been located in Beaumont, Jefferson County, Texas, since the creation of the old Texas Highway Department; and, is in the center of the heaviest - populated portion of East Texas with the greatest ' concentration of industrial development, commerce, agriculture, and forestry; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT the City of Nederland hereby urges all the Counties and Cities in Southeast Texas to join in support of retaining the State Department of Highways and Public Transportation District Headquarters Office in Beaumont, Jefferson County, Texas; and THAT copies of this resolution be furnished to State Senator Carl Parker, District Four; State Senator Bill Haley, District 3; and State Representatives Frank Collazo, Jr., District 23, Mark Stiles, District 21, Ron Lewis District 19, Curtis Soileau, District 20, and Albert J. Price, District 22; and THAT a copy of this resolution be sent to the Texas Highway Commission, the Engineer- Director, and the District Engineer; and THAT all the Counties and Cities of District Twenty be requested to pass similar resolutions in support of retaining the District Headquarters in Beaumont, Jefferson County, Texas. THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED and APPROVED this - day of October, A.D., 1991, at a Regular Meeting of the City Council of the City of Nederland, Texas. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: N N - LA� Chris Se es, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' W. E. Sanderson, City Attorney City of Nederland, Texas 1 29 3� AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF NEDERLAND, TEXAS UNION OIL COMPANY OF CALIFORNIA THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF NEDERLAND § On the 22nd day of February, 1983, 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. ' The parties to this agreement are desirous of continuing this agreement with certain amendments thereto for a seven -year period, being the taxable years 1991 through 1997, inclusive. The parties hereto hereby agree to amend Paragraph IV of the February 22, 1983 contract and the said paragraph is hereby amended as follows: Paragraph IV(B)(1) is hereby deleted and Paragraph IV(B)(2) is amended as follows: (2) For the tax years 1991 through 1997, inclusive, on or before January 31 of the calendar year immediately following each such tax year, an amount determined by multiplying the rate of taxation established by the City for each of such tax years as being applicable to all taxpayers of the City times the Taxable Value of the Company's properties described in Paragraph II above. For purposes of this Agreement, the Taxable Value of the Company's properties described in Paragraph II above shall be deemed to mean (i) seventy -five 31 percent (75 %) of the taxable value (as such term is used and defined in the Texas Property Tax Code, as now or hereinafter amended (the "Code ") of the real property, including land and improvements thereon of the Company situated in the territory described in Paragraph II hereof, plus (ii) seventy -five percent (75 %) of the taxable value, as so defined in the Code, of the personal property of the Company and its subsidiaries and affiliates (including, but not limited to, Unocal Pipeline Company and Unocal Chemicals Division, situated in the area described in Paragraph II hereof, including all machinery, equipment, furniture and fixtures, and similar items of personal or movable property (but excluding the items described in clause (iii) following), plus (iii) twenty percent (20 %) of the taxable value, as so defined in the Code, of the stocks inventories of raw, partially processed or ' finished materials, crude oil products of all types and similar items of personal or movable property of the Company and its affiliates and subsidiaries situated in the territory described in Paragraph II hereof, whether in storage, transit, processing or otherwise; provided, however that the City and the Company agree that throughout the term of this Agreement there shall be excluded therefrom the Taxable Value of any new terminal facilities or improvements constructed or acquired during the term hereof by the Company or its affiliates and subsidiaries and which represent a new and distinct terminaling facility or additions to present facilities which substantially increase productive capacity, but which shall not include the reconditioning, replacement, upgrading, modernizing, refurbishing or repairing of existing terminaling facilities. The City and the Company acknowledge that the intent of the parties, as expressed in the foregoing proviso, is to encourage major, new capital investment in the area of the City by excluding the taxable value of same from the 32 4 effects and operations of Paragraph IV(B) of this Agreement, and the parties agree that any determination as to the qualification for exclusion or the taxable value of such new terminaling facilities or improvements shall, be made initially by the City Council of the City upon petition and request by the Company and presentation of all pertinent data, evidence and supporting materials of the Company at a public hearing called for such purposes by the City Council. Determination of qualifications for this exclusion shall be subject to the sole discretion of the City Council upon petition by Company and presentation of all pertinent data. It is the intent that such exclusion shall be for the term of this contract. All of the other terms of the February 22, 1983 contract shall remain in full force and effect. ' The terms and provisions hereof shall be binding upon and inure to the benefit of the City, the Company, the affiliates and subsidiaries of the Company, and the successors and assigns of the parties hereto. This Agreement has been prepared in duplicate, each copy of which, when fully executed by the parties hereto, shall be deemed to be an original. I IN WITNESS WHEREOF, this Agreement has been executed as of the g day of ('���I�PI.Q/) . , 1991. 616' Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Nju_/' � e-AlL -� Chris Se'rres, City Secretary City of Nederland, Texas F APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas UNION OIL COMPANY OF CALIFORNIA (DBA UNOCAL), UNOCAL REFINING & MARKETING DIVISION By: >e7�vw R. C. Beach, President Refining and Marketing Division ATTEST: �jVICE PRESIpEN7 33 34 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 fl to members of League; and 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, 1991. 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 Landfill gate. Solid waste collected from such residents will be used in calculation of annual volume. III. The rate per cubic yard shall be Four Dollars, Seventy -Five Cents ($4.75) plus applicable State taxes. To facilitate payment of this rate, the League agrees to remit to the City twelve (12) equal installments of Forty -Five Thousand Dollars ($45,000) each, with the first payment due on or before October 10, 1991. In October 1992, the City shall calculate a total fee based on actual cubic yards deposited at the Landfill and bill the League for the balance due or refund overpayment, if any. Any additional payment due City may be paid within 45 days. EXECUTED this the l— day of 6C&/, , 1991. CITY OF BEAUMONT MID - COUNTY MUNICIPAL LEAGUE CITY & NEDERLAND Lizi v av ' Cov OF PORT NECHES A64"eici 4,:'6C, CITY OF GR. ES EXHIBIT "A' 3-5 36 CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 107 AN AMENDMENT TO ORDINANCE NO. 107 WHICH PROHIBITS UNAUTHORIZED PARKING ON COMMERCIALLY ZONED PRIVATE PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, WITHOUT THE EXPRESS OR IMPLIED CONSENT OF THE OWNER OR PERSON IN LAWFUL CONTROL OR POSSESSION OF THE PROPERTY, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to parking on commercially zoned private property in accordance to Title 14, Subchapter A, Section 431.001. of the Local Government Code. It shall be unlawful for any person to park or stand a vehicle, whether occupied or unoccupied, except temporarily for the purpose of and while actually loading or unloading such vehicle, in any commercially zoned private parking lot or property without the express or implied consent of the owner or person in lawful control or possession thereof. In the event the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. No citation issued under the provisions of this amendment , shall be valid unless the owner, controller or driver of an automobile has been notified that it is unlawful to stand a vehicle or park on the property involved unless authorized by the owner or duly authorized agent of that involved property. Notification may be valid by written instruction from the property owner or a properly designed representative or by a clearly displayed sign located on the involved property, informing the public that such private property is reserved for the use of authorized persons or vehicles only. PASSED AND APPROVED by th City Council e City of Nederland, Texas on this the 7 day of A.D. , 1991. /��7!/J ; / -� , Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 2 Chris Serres, City Secretary City of Nederland, Texas APPROV D A O FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas L 1 L REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND October 28, 1991 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter and Councilman Billy W. Doornbos. Councilman W. Ceyril Paulus was absent. INVOCATION The invocation was given by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the October 14, 1991 meeting as written. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to accept the Planning and Zoning Commissions recommendation to approve the preliminary and final plats of Kerr Industrial Park. (Outside city limits but within the City of Nederland's extraterritorial jurisdiction) All Voted Aye. MID COUNTY MUNI- A motion was made by Mayor LeBlanc and seconded CIPAL LEAGUE by Councilman Schroeter to authorize advertise- ment for proposals to be received November 11, 1991 at 3:00 p.m. for chipping and composting services for the Mid County Municipal League. All Voted Aye. CAPITAL IMPROVE- Steve Hamilton, City Engineer, opened and read MENTS bids received for one slope mower and tractor. Bidders were as follows: Oil City Tractors, Inc., Beaumont, Texas. Base Bid $29,997 less trade in of $3,000 for a total of 26,997. Alternate Bid $36,422 less trade in of $3,000 for a total of 33,422. Mr. Hamilton explained that the alternate bid included an enclosed cab with air conditioning. 37 38 Minutes Continued, October 28, 1991 A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to award the bid for one slope mower and tractor to Oil City Tractors in the amount of $33,422. All Voted Aye. PROPERTY - MUNI- A motion was made by Mayor LeBlanc and seconded CIPAL BLDGS. & by Councilman Schroeter to authorize payment SITES to Austin Rio Construction Co., Inc. in the amount of $60,433.47 for Doornbos Park Phase II, Estimate No. 2. All Voted Aye. COMMUNICATIONS Kent Walston presented the Council with a preliminary draft of the wage and salary classification study and gave a brief overview as to the status of the study. ADJOURN There being no further business, the meeting was adjourned at 7:30 p.m. by Mayor Carl N. LeBlanc. ATTEST: 44t / &121 U�/.Y Chris Serres, City Secretary City of Nederland, Texas oall tit U1 • 4. Carl N. LeBlanc, Mayor ' City of Nederland, Texas 1 1 1 it REGULAR MEETING OF THE CITY COUNCIL OF THE 3:00 P.M. TIME AND PLACE CITY OF NEDERLAND November 11, 1991 The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. QUORUM Members present were mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Mayor Carl N. LeBlanc. WELCOME Mayor Carl N. LeBlanc welcomed Boy Scout Pack 120, Weblos, Den 1. MINUTES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the minutes of the October 28, 1991 meeting as written. All Voted Aye. ORDINANCES & A motion was made by Councilman Schroeter and RESOLUTIONS seconded by Councilman Paulus to approve Resolution 1991 -9 casting the City of Nederland's entire vote for Charles Lankford to serve as Director on the Jefferson County Appraisal District Board of Directors. All Voted Aye. Received comments from Mr. Gene Shepherd regarding the sale of $3 million of certificates of obligations for construction of a new water plant. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Resolution 1991 -11 to authorize Legg Mason to proceed with the preliminary official statement and necessary advertisement for the sale of $3 million of certificates of obligation. All Voted Aye. 39 Minutes Continued, November 11, 1991 A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution 1991 -10 to authorize the payment to Don Butler and W. Everette Sanderson for services rendered in the Southern Union Gas utility rate case in the amount of $1,110.72 and $3,806.25 respectively. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve an amendment to Ordinance 107 to include S. 29 Street from the 1300 block to the 1500 block as a school zone. All Voted Aye. EASEMENTS - WATER A motion was made by Mayor LeBlanc and seconded & SEWER by Councilman Schroeter to accept a 12' easement parallel to 12th Street from the Joyce Rienstra Trust. All Voted Aye. EASEMENTS - A motion was made by Mayor LeBlanc and seconded PIPELINE by Councilman Schroeter to reject the offer made by Colonial Pipeline Company to purchase a 4,909' x 50' easement in the Wm. Carroll Addition, Abstract 13, in consideration of $11,100 and directed the City Manager to , negotiate a counter proposal. All Voted Aye. MID COUNTY MUNI- A motion was made by Mayor LeBlanc and seconded CIPAL LEAGUE by Councilman Doornbos to table accepting proposals for chipping and composting services for the Mid County Municipal League. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize payment to Kerr Enterprises in the amount of $1,485.00 for bulldozer rental for services rendered in connection with the Doornbos Park project. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment to Umphrey, Eddins and Carver in the amount of' $350.00 for a legal opinion. 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 October. All Voted. Aye. Minutes Continued, November 11, 1991 ADJOURN There being no further business, the meeting was adjourned at 4:15 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serr s, City Secretary City of Nederland, Texas 1 1 4.1 I r_ CITY OF NEDERLAND RESOLUTION 1991 -11 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING LEGG MASON WOOD WALKER, INC.TO PROCEED WITH THE PRELIMINARY OFFICIAL STATEMENT AND NECESSARY ADVERTISEMENT FOR THE SALE OF $3 MILLION OF CERTIFICATES OF OBLIGATION. WHEREAS, the City of Nederland deems it advisable to authorize Legg Mason Wood Walker, Inc., financial advisor to the City of Nederland, to begin preparation for the advertisement and issuance of certificates of obligation for improvements to the City's water system, and WHEREAS, the City of Nederland has made plans to pay the cost of issuance relating to the sale and delivery of such certificates of obligation. NOW, THEREFORE, BE IT RESOLVED THAT the City of Nederland authorizes Legg Mason Wood Walker, Inc. to proceed with the preliminary official statement and necessary advertisement for the sale of $3 million of certificates of obligation. PASSED AND APPRO D by tj�e City Council at its regular meeting on the 1� day of C(.« nf_t , A.D., 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: &OIt'l-ICA,1110� - Chris Serr s, City Secretary City of Nederland, Texas Z OVED A TO FORM AND LEGALITY: M . 1 W. E. Sanderson, City Attorney City of Nederland, Texas 1 i 1 1 CITY OF NEDERLAND RESOLUTION NO. 1991 -9 WIiEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and, WHEREAS, the Act entitles each taxing unit to vote and determine its 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: Julian Coghill Eugene Landry Charles Lankford 65 Fred Mitchell Ed Moore Glen Sanders So RESOLVED, this the // day of )Ikil- OKAV\1 , 1991. ATTEST: UlV Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND^ LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas c2,-, 6 ( 4. �� Carl N. LeBlanc, Mayor City of Nederland, Texas 43 CITY OF NEDERLAND RESOLUTION 1991 -10 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, APPROVING STATEMENT OF DON R. BUTLER, ATTORNEY, AND W. EVERETT SANDERSON, CITY ATTORNEY, FOR SERVICES RENDERED IN SOUTHERN UNION GAS COMPANY'S APPLICATION FOR RATE INCREASE BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITY DOCKET NO. 8033, CONSOLIDATED, INCLUDING THE CITIES OF GROVES, NEDERLAND, PORT ARTHUR AND PORT NECHES, AND AUTHOR- IZING PAYMENT OF THE CITY OF NEDERLAND'S PRO RATA PORTION THEREOF AND FOR PAYMENT OF W. EVERETT SANDERSON, CITY ATTORNEY'S PORTION, THEREOF, AND AUTHORIZING THE FILING OF CLAIM FOR REIMBURSEMENT IN ACCORDANCE WITH VERNON'S ANN. CIV. ST. ART. 1446E GAS UTILITY REGULATORY ACT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT, the statement for services rendered and expenses incurred by Don R. Butler, attorney, and W. Everett Sanderson, Attorney in the Southern Union Gas Company's application for rate increase pending before the Railroad Commission of Texas in Gas Utility Docket No. 8033, Consolidated, including the Cities of Groves, Nederland, Port Arthur and Port Neches, marked Exhibits "A" and "B" and attached hereto are hereby approved and found to be reasonable and necessary for services rendered to the City. THAT, payment of $1,110.72 to Don R. Butler is hereby ' authorized as the City of Nederland's pro rata portion of said statement with other participating cities. THAT, payment of $3,806.25 to W. Everett Sanderson, is hereby authorized. THAT, payment of claim for reimbursement shall be presented to Southern Union Gas in the amount thereof under authority of Vernon's Ann. Civ. St. Art. 1446e, Gas Utility Regulatory Act, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED at a regular meeting of the City Council of the City of Nederland held on the 11th day of November, A.D., 1991, by the following vote: AYES: Mayor_ Carl N. LeBlanc ; Councilmen Billy W. Doornho , Cevril Paulus , Wm. E. Schroeter. Jr. , Melvin Moss NOES: Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Series, City Secretary City Secretary AP Rg L /L, ED S TO FORM D LEGALITY: C W. E. anderson, City Attorney City of Nederland, Texas 1 45 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 speed limits and traffic regulation, including parking rules. NOW, THEREFORE, be it ordained by the City of Nederland, Texas: SECTION I - SPEED LIMITS FOR SCHOOL ZONES A twenty miles per hour speed zone shall be maintained at locations where signs reading: "TWENTY MILES PER HOUR WHEN CHILDREN ARE PRESENT" are posted. For the purpose of this ordinance, "when children are present" shall be defined as "Monday through Friday, 7:30 a.m. to 4:15 p.m. except on weekends," at other times the speed limit shall be thirty miles per hour as follows: a) South 6th Street from Avenue E to Nederland Avenue ' b) Nederland Avenue from 300' Northeast of South 9th to South 5th Street c) 12th Street from Detroit Avenue to Helena Avenue d) 13th Street from Detroit Avenue to Helena Avenue e) Helena Avenue, 150' Northeast of 14th Street to 150' Northeast of 12th Street f) Boston Avenue from 15th Street to 17th Street g) North 17th Street from Nederland Avenue to Detroit Avenue h) 21st Street from Nederland Avenue to Detroit Avenue i) Atlanta Avenue from North 17th Street to North 21st Street j) Detroit Avenue from North 17th Street to North 21st Street k) North 18th Street from Seattle Avenue to Spurlock Road 1) North 27th Street from Gary Avenue to Memphis Avenue m) Helena Avenue from North 23rd Street North 30th Street n) South 27th Street from Avenue M to Avenue G o) Avenue H from South 23rd Street to South 29th Street p) South 29th Street from 1300 block to 1500 block SECTION II - REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the Council of the City of Nederland, Texas, this the day of l,(G(,iYKVi�fi� - , 1991, A.D. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: n �/ LJ/ Chris Serres, City Secretary City of Nederland, Texas 46 � REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND November 25, 1991 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Billy W. Doornbos. WELCOME Mayor LeBlanc welcomed Boy Scout Troop 232. These scouts were attending the Council meeting to receive credits toward their "Citizenship of the Community" merit badge. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the November 11, 1991 meeting as written. All Voted Aye. LICENSES, PERMITS A motion was made by Mayor LeBlanc and seconded & FEES by Councilman Paulus 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. Dave Jones dba Novrozsky's 10. Sal Carfi dba Italian Restaurant and Flying Pizza All Voted Aye. 1 1 J Minutes Continued, November 25, 1991 CONTRACTS, AGREE- A motion was made by Councilman Paulus and MENTS & LEASES seconded by Councilman Moss to authorize the City of Nederland to enter into a Financial Advisory Contract with Legg Mason. All Voted Aye. RESOLUTIONS A motion was made by Councilman Schroeter and seconded Mayor LeBlanc to approve Resolution 1991 -12 to allow the Mayor and City Council to authorize Legg Mason to proceed with the preliminary official statement and necessary advertisement for the sale of $3 million of certificates of obligation. All Voted Aye. EASEMENTS - A motion was made by Councilman Doornbos and PIPELINE seconded by Mayor LeBlanc to reject Colonial Pipeline Company's offer to purchase a 4,909' X 50' easement in the Wm. Carroll Addition, Abstract 13, in the consideration of $35,640 and to direct the City Manager to extend negotiations. All Voted Aye. MID COUNTY MUNI- Steve Hamilton, City Engineer, opened and read ' CIPAL LEAGUE proposals received for chipping and composting services for the M.C.M.L. Proposals received were NATURES BEST, INC., Brenham, TX, in the amount of $4.75 per cubic yard and J & R SERVICES, Beaumont, TX, in the amount of $4.00 per cubic yard. A motion was made by Councilman Paulus and seconded by Councilman Moss to refer proposals received for chipping and composting to the Mid County Municipal League for tabulation with recommendation to be made at a later date. All Voted Aye. COMMUNICATIONS Received comments from Mr. Russell Hinson of H & H Wrecker Service in regards to being permitted with the Nederland Police Department for rotation privilege. The Council directed the City Manager to review the present Ordinance for discussion at the next City Council meeting. Received comments from Mr. Albert Richard regarding drainage in Wagner Addition. The Council directed the City Manager and staff to meet with Mr. Richard concerning this problem. - - - - A - - 48 Minutes Continued, November 25, 1991 Received comments from Mr. Gary Westbrook regarding drainage problems in Christina Court. The Council referred Mr. Westbrook's complaint to the City Attorney. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:40 p.m. relative to pending litigation regarding a possible lawsuit as authorized by TEX. REV. CIV. STAN. ANN. Art. 6252 -17, Section 2(e), V.T.C.S. and for the purpose of hearing a personnel appeal of disciplinary action as authorized by TEX. CIV,. STAT. ANN. Art. 6252 -17, Section 2(g), V. T.C.S. The Executive Session was adjourned at 10:00 p.m. by Mayor Carl N. LeBlanc and the Regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session regarding possible litigation was held for informational purposes only and that the deliberation regarding the personnel appeal of disciplinary action is now opened for discussion. After a full discussion, it was the consensus ' of the Council to refer this matter back to the City Manager, City Attorney and the grieving employee. ADJOURN There being no further business, the meeting was adjourned at 10:05 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: . 042LL Chris Serres, City Secretary City of Nederland, Texas I CITY OF NEDERLAND RESOLUTION 1991 -12 A RESOLUTION APPROVING AND AUTHORIZING PUBLI- CATION OF NOTICE OF INTENTION TO ISSUE CERTI- FICATES OF OBLIGATION AND REPEALING RESOLUTION 1991 -11. WHEREAS, the City Council of the City of Nederland, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, including a water treatment plant, and (ii) professional services; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in the principal amount not to exceed $3,000,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, including a water treatment plant, and (ii) professional services, such certificates to be payable from ad valorem taxes and a lien on and pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: That the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at lease fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: That Resolution 1991 -11 is hereby repealed and replaced with Resolution 1991 -12. PASSED AND ADOPTED, this November 25, 1991. Carl N. LeBlanc, Mayor City of Nederland, Texas AT /TEST: Chris Serres, City Secretary City of Nederland, Texas ELI REGULAR MEETING OF THE CITY COUNCIL OF THE 3:00 P.M. TIME AND PLACE CITY OF NEDERLAND December 9, 1991 The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Ceyril Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the November 25, 1991 meeting as written. All Voted Aye. EASEMENTS - A motion was made by Councilman Doornbos and PIPELINE seconded by Councilman Paulus to grant Colonial Pipeline Company a 4,909' x 50' easement, as amended by the City Attorney, in the Wm. Carroll Addition, Abstract 13, in consideration of $44,445.00 contingent upon Colonial Pipeline correcting calculations regarding the amount of money paid per rod and also adding a clause, if needed, granting Colonial Pipeline temporary work - space. All Voted Aye. UTILITIES - A motion was made by Mayor LeBlanc and seconded COMMERCIAL SOLID by Councilman Schroeter to table increasing WASTE commercial garbage rates for further study. All Voted Aye. PROPERTY - A motion was made by Mayor LeBlanc and seconded MUNICIPAL BLDGS. by Councilman Paulus to table authorizing pay -& SITES ment to Austin Rio Construction Company, Inc. in the amount of $64,297.53, Estimate No. 3, Doornbos Park Phase II. All Voted Aye. 1 1 Minutes Continued, December 9, 1991 PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment of the bills for the month of November. All Voted Aye. COMMUNICATIONS Councilman Paulus reported that the tree limbs at the entrance of Doornbos Park need to be trimmed. Received comments from Mr. Jones, 924 Avenue E, regarding the drainage in Midway Addition. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:25 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Caw /. 46�� Carl N. LeBlanc, Mayor City of Nederland, Texas 52 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. December 16, 1991 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter and Councilman Billy W. Doornbos. Councilman W. Ceyril Paulus was absent. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the December 9, 1991 meeting as written. All Voted Aye. PRESENTATIONS Mayor Carl N. LeBlanc presented Kenneth Meaux, Parks Director, with a watch commemorating 25 years service with the City of Nederland and ' commended Mr. Meaux for his outstanding service to the City of Nederland. LICENSE, PERMITS A motion was made by Mayor LeBlanc and seconded & FEES by Councilman Schroeter to approve 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. Dave Jones dba Novrozsky's 10. Sal Carfi dba Italian Restaurant and Flying Pizza. All Voted Aye. Minutes Continued, December 16, 1991 PROPERTY - MUNI- A motion was made by Mayor LeBlanc and seconded CIPAL BLDGS. & by Councilman Doornbos to authorize payment to SITES (DOORNBOS Austin Rio Construction Company, Inc. in the PARK) amount of $64,297.53 for Estimate No. 3, Doornbos Park Phase II. All Voted Aye. WATER & SEWER A motion was made by Councilman Doornbos and ENGINEERING SER- seconded by Councilman Schroeter to authorize VICE: the City of Nederland to select and negotiate with a consulting engineer for the water plant project. All Voted Aye. CONTRACTS, AGREE- A motion was made by Mayor LeBlanc and seconded MENTS & LEASES by Councilman Moss to authorize the City Manager to enter into an agreement with Court Specialist to provide software for the Municipal Court system at a cost of $21,800. All Voted Aye. The Executive Session was adjourned at 8:10 p.m. by Mayor Carl N. LeBlanc and the Regular meeting was called back to order. Mayor LeBlanc announced that it has come to the attention of the City and was discussed in Executive Session that there is a possibility that the City of Nederland has not received all monies that it should have received under its franchise agreement with Southwestern Bell Telephone Company. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter that the City of Nederland employ the law firm of Umphrey, Eddins and Carver to take all legal action necessary to insure that the City receive all monies that it is suppose to . receive under the franchise agreement, including the filing of a lawsuit, if necessary, against Southwestern Bell and its subsidiaries. This is with the understanding that it will not cost the City of Nederland EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:05 p.m. relative to a pending litigation regarding a possible ' lawsuit as ANN. Art. authorized by TEX. REV. 6252 -17, Section 2(e), CIV. STAT. V.T.C.S. The Executive Session was adjourned at 8:10 p.m. by Mayor Carl N. LeBlanc and the Regular meeting was called back to order. Mayor LeBlanc announced that it has come to the attention of the City and was discussed in Executive Session that there is a possibility that the City of Nederland has not received all monies that it should have received under its franchise agreement with Southwestern Bell Telephone Company. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter that the City of Nederland employ the law firm of Umphrey, Eddins and Carver to take all legal action necessary to insure that the City receive all monies that it is suppose to . receive under the franchise agreement, including the filing of a lawsuit, if necessary, against Southwestern Bell and its subsidiaries. This is with the understanding that it will not cost the City of Nederland Minutes Continued, December 16, 1992 anything unless there is a recovery and that amount will be set out in a contract to be negotiated with the attorneys and approved by the Council. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:10 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: lug Chris Series, City Secretary City of Nederland, Texas 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 3:00 P.M. TIME AND PLACE CITY OF NEDERLAND January 13, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the December 16, 1991 meeting as written. All Voted Aye. PRESENTATIONS Mayor Carl N. LeBlanc presented Barbara Newberry, Librarian with a watch commemorating her years of service with the City of Nederland and commended Mrs. Newberry for her outstanding service to the City of Nederland. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to reject amending Ordinance No. 335, City of Nederland Wrecker Ordinance based on the Police Chief review and recommendation. All Voted Aye. CONTRACTS, AGREE- Received comments from Mr. Gene Shepherd re- MENTS & LEASES garding the sale of $3,000,000 Certificate of Obligation and refinancing of a previous bond issue. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the Preliminary Official Statement for the sale of $3,000,000 Certificates of Obligation, to approve the refinancing of a previous bond issue and to authorize the Underwriter to proceed with the printing and distribution thereof. All Voted Aye. 55 56 Minutes Continued, January 13, 1992 WATER & SEWER A motion was made by Mayor LeBlanc and seconded ENGINEERING SER- by Councilman Doornbos to table authorizing the VICES selection of a consulting engineer for the water plant project. All Voted Aye. CIVIL DEFENSE A motion was made by Councilman Paulus and seconded by Mayor LeBlanc 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 25 -27, 1992. All Voted Aye. MID COUNTY MUNI- A motion was made by Councilman Paulus and CIPAL LEAGUE seconded by Councilman Doornbos to reject all proposals received for chipping and composting and to authorize advertisement for bids to be received 1/27/92 for chipping and composting services for M.C.M.L. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment of the bills for the month of December. All Voted Aye. ' COMMUNICATIONS Councilman Doornbos reported that he has received several complaints regarding the flashing signal light @ 12th Street and Boston Avenue. Chief Neal suggested that the signal light remain in the flashing mode for two weeks and to reevaluate this situation at that time. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:40 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas Chris s, City Secretary City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND January 27, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the January 13, 1992 meeting as written. All Voted Aye. STREETS AND Received comments from Mrs. Dorothy Fenn, 2324 DRAINAGE Elgin, along with various other residents, regarding drainage problems. (Residents' experiencing problems are 2311, 2315, 2316, 2319, 2320 2323, 2324, 2317 and 2318 Elgin) Steve Hamilton, Director of Public Works responded that the City is aware of the problem and that part of the problem is a concrete driveway placed on City property without permission. He stated that, as a short term solution, the City is going to remove the driveway, replace culverts under the driveway that is located north of the Stepp property with larger culverts and regrade the ditches. He went on to say that this will help but not alleviate the problem and that the City is currently working on the infiltration problems throughout the City. Minutes Continued, January 27, 1992 MID COUNTY MUNI- Steve Hamilton, Director of Public Works, CIPAL LEAGUE opened and read bids received for chipping and composting. Bids were as follows: Western Waste Industries, Conroe, Texas, $3.75 per cubic yard; J & R Services, Beaumont, Texas, $4.00 per cubic yard; and Nature's Best, Brenham, Texas, $4.75 per cubic yard. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to award the bid for chipping and composting services for the Mid County Municipal League to Western Waste Industries contingent upon approval by the Mid County Municipal League. All Voted Aye. CONTRACTS, AGREE- A motion was made by Councilman Paulus and MENTS & LEASES seconded by Councilman Doornbos to allow the Jefferson County Mosquito Control to fly their planes low over territory under the City of Nederland's jurisdiction. All Voted Aye. CITY DEPARTMENTS D. E. Sosa, City Manager, introduced and AND OFFICES welcomed Brenda Warren. Mrs. Warren was , recently hired as librarian in replacement of Barbara Newberry, retiree. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Ordinance No. 411, closing an alley between Elgin Avenue and Franklin Avenue at Highway 347. Mayor LeBlanc, Councilman Moss, Councilman Schroeter, and Councilman Paulus voted aye. Councilman Doornbos abstained. WATER AND SEWER A motion was made by Mayor LeBlanc and seconded ENGINEERING SER- by Councilman Paulus to authorize the selection VICES of an engineer and execution of a contract contingent upon the deletion of Section 811 as it pertains to limitation of damages. All Voted Aye. Minutes Continued, January 27, 1992 CONTRACTS, AGREE- A motion was made by Councilman Schroeter and MENTS & LEASES seconded by Councilman Moss to postpone the tentative date for the authorization and sale of the certificates of obligation to February 10, 1992, for which notice of intention to issue was published on January 8 and January 15, 1992. All Voted Aye. CAPITAL IMPROVE- A motion was made by Mayor Leblanc and seconded MENTS by Councilman Doornbos to table the advertise- ment for bids for two pickup trucks, one for the Meter Department and one for the Poundmaster. All Voted Aye. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution No. 1992 -1, authorizing the City Manager, City Treasurer and City Secretary to sign on transactions with the Federal Reserve Bank of Dallas for the pledging and releasing of safekeeping receipts. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 9:00 p.m. relative to pending litigation regarding a possible lawsuit as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(e), V.T.C.S. and relative to property and negotiated contracts as provided for under ARticle 6252 -17, Section 2(f), V.T.C.S. The Executive Session was adjourned at 9:35 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that Deliberation #2 regarding property and negotiated contracts was an informational item only and that Delibera -tion #1 will be discussed in the open meeting. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize an attorney fee contract with Umphrey, Eddins and Carver subject to approval of independent counsel. All Voted Aye. u !l'1J Minutes Continued, January 27, 1992 COMMUNICATIONS D. E. Sosa, City Manager, gave a brief overview of a letter received from a lawfirm regarding Gulf State Utilities Company's request for a fuel adjustment and then stated that he has turned this matter over to the City Attorney. Councilman Doornbos inquired about a letter received from an attorney regarding the City's Wrecker Ordinance. The City Manager responded that this letter was turned over to the City Attorney and that the City Attorney feels there is no validity in the statements made regarding the limitation of non - preference wreckers. Councilman Doornbos also inquired about the title policy and problems therewith in regards to the property that is to house the new water plant. The City Attorney responded that this case has been referred to another attorney who has been in contact with the title company, but this problem has not been resolved. ' Mayor LeBlanc inquired about the inflow and infiltration study and questioned whether or not the sewer plant was operating at full capacity. The City Manager responded that the plant was operating at full capacity and that the infiltration problem was a very elusive problem and one that does not lend itself to an overnight solution. After a full discussion, the Council directed the City Manager and staff to double their efforts to rectify this problem. Councilman Paulus suggested that the City Manager and staff review the plans and set definite guidelines and goals with regards to the inflow and infiltration problems. 1 Minutes Continued, January 27, 1992 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 10:10 P.M. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Ser es, City Secretary City of Nederland, Texas 1 b .� Jefferson County COMMISSIONERS MOSQUITO CONTROL DIRECTOR LEE CHASTANT DR. R. B. WILCOX, Chairman 2748 Viterbo Road -Box 8 3201 Bryan Avenue, Groves, 77619 Entomologist Beaumont, Texas 77705 MR. CHRISTIAN A. VIESER, Secretary (409) 722 -5350 2425 Evalon Avenue, Beaumont, 77702 DR. GEORGE SIMS ORGANIZED 1950 P.O. Box 3737, Port Arthur, 77640 REV. SAMUEL P. LADAY ' Rt. S - Box 557, Beaumont, Texas, 77702 MR. PAUL SILVA, Advisory Commissioner 3933 Sth Ave. Port Arthur, 77642 The Jefferson County Mosquito Control District is authorized to fly at low levels as necessary to apply insecticdes for the control of mosquitoes within the city of Nederland. :, - 1 - r SIGNED ------ - - - - - ` l / - - - - -------- -- Carl N. "Cropo" LeBlanc, Mayor DATE: 1- 27 -.92 --------------------------------- - - - - -- I/ 1 1 1 CITY OF NEDERLAND RESOLUTION 1992 -1 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER, CITY TREASURER, AND CITY SECRETARY TO SIGN ON TRANSACTIONS WITH THE FEDERAL RESERVE BANK OF DALLAS, TEXAS FOR THE PLEDGE AND RELEASE OF SAFEKEEPING RECEIPTS. WHEREAS, the City of Nederland is required to receive pledges with the Federal Reserve Bank of Dallas, as well as release pledges with the Federal Reserve Bank of Dallas. WHEREAS, this action is taken to insure the safety of City funds. NOW, THEREFORE, BE IT RESOLVED that the signatures written below are the persons who are authorized and empowered for and in the name and on behalf of this Governing Body, which is not in contravention of our by -laws, to sign in transactions with the Federal Reserve Bank of Dallas until said Federal Reserve Bank has received notice in writing that this authority as to any or all of the persons whose names appear on this car has been revoked. PASSED AND APPROVED by the City Council at its regular meeting on the 27 day of January 1992. Carl N. LeBlanc, Mayor City of Nederland, Texas I, Chris Serres, hereby certify that the foregoing is a copy of a resolution duly adopted at a regular meeting of the Governing Body of the City of Nederland, Texas held on 1 -27 -92 and that same is spread on its minutes as it above appears. APPROVED AS (TO FORM AND LEGALITY: W. E. Sanders n, City J'__.orney City of Nederland, Texas Name Position D. E. Sosa City Manager L. M. Daws City Treasurer Chris Serres City Secretary Chris Ser= , City Secretary City of Nederland, Texas s ' 6.3 6 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. February 10, 1992 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. on February 10, 1992 at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the January 27, 1992 meeting as written. All Voted Aye. ELECTION A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the "Order Calling Election" providing for an election to be held May 2, 1992 for the purpose of electing a mayor and two council - members - one from Ward II and one from Ward IV. All Voted Aye. FINANCE - BONDS Mr. Gene Shepherd, Legg Mason Wood Walker, Inc., gave a brief overview of the schedule of events and comparison of interest rates for the City of Nederland $1,095,000 Permanent Improvement Refunding Bonds Series 1992 and the $3,000,000 Tax & Waterworks & Sewer System Certificates of Obligation Series 1992. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve a Resolution authorizing Legg Mason Wood Walker, Inc. to resign as financial advisor for the issuance of Series 1992 Certificates of Obligation and Permanent Improvement Bonds; and to authorize the Mayor to consent and acknowledge a letter accepting the resignation of Legg Mason Wood Walker, Inc. as financial advisor for the refunding of Series 1992 Certificates of Obligation and Permanent Improvement Bonds. All Voted Aye. Minutes continued, February 10, 1992 A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve Ordinance No. 412 authorizing the issuance of the City of Nederland, Texas Permanent Improvement Bonds Series 1992; and approve Ordinance No. 413 authorizing the issuance of the City of Nederland, Texas Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation Series 1992. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve a Resolution providing for the redemption of certain outstanding bonds of the City and resolving other matters incident and related to the redemption of such bonds; and to approve a Resolution authorizing the execution of a "Paying Agent /Registrar Agreement" in relation to the City of Nederland, Texas Permanent Improvement Refunding Bonds Series 1992 and resolving other matters incident and related thereto; and, to approve a Resolution authorizing the execution of a "Paying Agent /Registrar Agreement" in relation to the City of Nederland, Texas Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation Series 1992 and resolving other matters incident and related thereto. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the Planning and Zoning Commission's recommend- ation for approval of the preliminary and final plats of King's Court subdivision located at South 20 Street @ Avenue B. All Voted Aye. BIDS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize the City to advertise for bids to be received for two 1992 pickup trucks and also advertise for two alternate 1992 economy pickup trucks. 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 January, 1992. All Voted Aye. 65 66 Minutes continued, February 10, 1992 COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the City could benefit with another two man crew to work on sewer lines with infiltration. Mr. Sosa stated that one of the meter readers has been transferred to the water crew and there are three options to obtaining another man to form the two man crew. The City could use a contractor, a temporary service or hire a new employee. Mr. Sosa added that Parkway Village is impacting the City's sewer system severely and he has been discussing their problems with the current owners. Mr. Sosa stated that National Guardian on Hwy. 69 has contacted him relative to a sewer line that they are tied into and the line is in an easement that was dedicated to the City. The City has no record of the Council accepting the sewer line, however, the deed is signed by Howard McDaniel, the City Manager at the time, and effectively accepts the sewer line. As a result the City must contact the engineer regarding any omissions or errors in design and construction. Councilman Doornbos asked about the chipping ' and composting contract. Mr. Sosa responded that the Mid County Municipal League has authorized approval of the contract. Councilman Moss reported that the manhole cover on Twin City Highway near the Shamrock Service Station is in need of repairs. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 4:30 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LiDonna Floyd, Acting City Secretary City of Nederland, Texas 67 Electing One Mayor and two Councilmembers; one for Ward II and one for Ward IV. Absentee voting by personal appearance will be conducted each weekday at 1400 Boston Avenue (location) between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 13, 1992 (date) and ending on April 28, 1992 (date) Additional absentee voting will be held as follows: Location Date Hours None Applications for ballot by mail shall be mailed to: Chris Serres (Name of Absentee Voting Clerk) P. 0. Box 967 (Address) Nederland, Texas 77627 (City) (Zip Code) Applications for ballots by mail must be received no later than the close of business on April 24, 1992 (date) Issued this the 10 day of February 19 92 (�14. 414�� Signature of Presiding Officer 174136 order a rw.m ow Ik v' —4S .,ars- HART GRAPHIM A.11,n ]nlian. 1", 1101",11 *W ,16A07, V,T.CA., 1l lm Cade ORDER OF ELECTION An election is hereby ordered to be held on May 2, 1992 for the purpose of (date) Electing One Mayor and two Councilmembers; one for Ward II and one for Ward IV. Absentee voting by personal appearance will be conducted each weekday at 1400 Boston Avenue (location) between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 13, 1992 (date) and ending on April 28, 1992 (date) Additional absentee voting will be held as follows: Location Date Hours None Applications for ballot by mail shall be mailed to: Chris Serres (Name of Absentee Voting Clerk) P. 0. Box 967 (Address) Nederland, Texas 77627 (City) (Zip Code) Applications for ballots by mail must be received no later than the close of business on April 24, 1992 (date) Issued this the 10 day of February 19 92 (�14. 414�� Signature of Presiding Officer ORDEN DE ELECCION Por la presente se ordena que se llevar6 a cabo una eleccion el dos de Mayo, 1992 con (fecha) el prop6sito de: elijir a un Alacalde y dos Consultantos uno para barrio dos y uno pars barrio cuatro, para un termino completo. La votaci6n en ausencia en persona se llevarb a cabo de lines a viernes en (sitio) entre las de la manana y las de la tarde empe>ando el trece de Abril (fecha) y terminando el viente y ocho dia de Abril (feciia) La votaci6n en ausencia ademds se llevarb a cabo de tal manera• Sitio Fecha Noras no hay Las solicitudes para boletas que se votardn en ausencia por correo deberdn enviarse a: Chris Serres (Nombre del Secretario de la Votaci6n En Ausencia) 1400 Boston Avenue (Direcci6n) Nederland Texas 77627 (Ciudad) (Zona Postal) Las solicitudes para boletas que se votardn en ausencia por correo deberdn recibirse para elfin de las horas de negocio el viente y cuatro de Abril (fecha) Emitida este dia diez de Febrrero /9 92 L�4. Z Firma del Oficial Que Preside 1 1 • • REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 p.m. February 24, 1992 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the February 10, 1992 meeting as written. All Voted Aye. ' EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:35 p.m. relative to pending litigation regarding a possible lawsuit as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(e), V.T.C.S The Executive Session was adjourned at 7:15 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the City Attorney briefed the Council on pending litigation and that the Executive Session was held for informational purposes only. COMMUNICATIONS Received comments from Mr. Jake Waller, Jr. regarding the Zoning Board of Appeals decision to reject his father's (Mr. Jake Waller, Sr.) request to place a mobile home at 2120 Helena Avenue. Mayor LeBlanc informed Mr. Waller that the City Council has no authority to overturn a decision made by the Zoning Board of Appeals and that if there was a viable reason to so request, he could reappeal his case to the Zoning Board. 70 Minutes Continued, February 24, 1992 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:10 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas all x,3: Lv v�/ Chris S Tres, City Secretary City of Nederland, Texas 1 1 3:00 P.M. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 9, 1992 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and ' seconded by Councilman Moss to approve the minutes of the February 24, 1992 meeting as written. All Voted Aye. CONTRACTS, A motion was made by Mayor Carl N. LeBlanc and LEASES & AGREE- seconded by Councilman Moss to authorize reim- MENTS bursement 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 1992 season (water, sewer, gas, lights and garbage). All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize the waiving of the pool rental fee, not to exceed $2,000 for Y.M.C.A. swimming lessons for the summer of 1992. All Voted Aye. 71 72 -A Minutes Continued, March 9, 1992 RESOLUTIONS A motion was made by Councilman Paulus and seconded by Council Doornbos to table taking action on Resolution 1992 -2 relating to the Sovereignty Advisory Petition which requests that the United States Congress instruct the United States Treasury to create and issue interest -fee loans to tax - supported bodies for the purpose of funding capital projects and for paying off existing debts. All Voted Aye. CAPITAL IMPROVE- Kent Walston, Administrative Assistant, opened MENTS and read bids received for two 1992 pickups. Bidders were as follows: Buddy Chevrolet, Port Arthur, Tx in the amount of $21,638.00 for two 1/2 ton trucks or alternate bid amount of $21,596.00 for two light -duty trucks; Twin City Motors, Port Arthur, Tx in the amount of $25,397.74 with a rebate of $800.00 on two 1/2 ton trucks or alternate bid amount of $24,590.00 with a rebate of $1500.00 on two light -duty trucks; Philpott Motors, Inc., Port Neches, Tx in the amount of $17,050.00 for two 1/2 ton trucks or alternate bid amount of ' $18,458.00; and Chevyland, Beaumont, Tx in the amount of $21,770 for two 1/2 ton trucks or alternate bid amount of $20,790.00 for two light -duty trucks. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to refer bids received for two pickup trucks to the City Manager and staff for tabulation with recommendation to be made at a later Council meeting. All Voted Aye. SUBDIVISIONS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the preliminary plat of Hunter' s Ridge Subdivision ( 47 lot sub- division @ Nederland Avenue and 9th Street) with all variances as recommended by the Planning and Zoning Commission. Voting Aye were Mayor LeBlanc and Councilmembers Moss, Schroeter and Paulus. Councilman Doornbos abstained. Minutes Continued, March 9, 1992 PROCLAMATIONS A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a Proclamation declaring March 8 -14, 1992 "Girl Scout Week" in Nederland, Texas. All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize payment in the reduced amount of $10,000 to Austin Rio Construction Company, Inc. with the remaining 9,534.50 to be paid upon satisfactory completion of the project. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment of the bills for the month of February, 1992 as submitted by the Finance Director. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 4:10 p.m. relative to ' a report by the City Manager to the City Council on pending litigation on sale of property as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(f), V.T.C.S. The Executive Session was adjourned at 5:25 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the City Manager brought the Council up -to -date on pending litigation relative to the sale of city property and no action was necessary. COMMUNICATIONS Mayor LeBlanc addressed Mr. Waller, who was in attendance concerning a previous denial by the Zoning Board of Appeals to place a mobile home on his property, stating that this matter had been turned over to the City Attorney. Mayor 1 73 7 4 " Minutes Continued, March 9, 1992 LeBlanc informed Mr. Waller that, upon investigation, it is the City Attorney's recommendation to Mr. Waller to reapply for a permit to the Building Official. If the Building Official should deny this application, the denial should be in writing within 45 days. The Board of Appeals should then act upon this request with at least four members present. Councilman Moss inquired as to the status of the railroad tract at the intersection of Hwy. 347 and Boston Avenue. The City Manager responded that it was on KCS' s list to be repaired. Councilman Paulus asked for a report from the Director of Public Works after the inspection is completed on the Doornbos Park project. Mayor LeBlanc requested the Parks Department to trim the hedges in front of City Hall. ADJOURN There being no further business, Mayor Carl N. I LeBlanc adjourned the meeting at 5:30 p.m. (�-, a P - - eln', & � - - Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, March 12, 1992 is the 80th 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 Nederland, hereby proclaim March 8 -14, 1992 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 4th day of March, 1992, A.D. a4tm ' %Cz, Carl N. "Crop LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 75 76 .1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. March 23, 1992 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Doornbos and , seconded by Councilman Schroeter to approve the minutes of the March 9, 1992 meeting as written. All Voted Aye. BOARD AND COMMIS- A motion was made by Councilman Schroeter and SIONS seconded by Councilman Doornbos to appoint Councilman Paulus and Councilman Moss to the Airport Zoning Board and to appoint D. E. Sosa, City Manager, to serve as an alternate in the absence of either Councilman Paulus or Moss. All Voted Aye. RESOLUTIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to table approving a Resolution allowing the City of Nederland to intervene in the Gulf States Utilities fuel adjustments request. All Voted Aye. f Minutes Continued, March 23, 1992 CONTRACTS, LEASES A motion was made by Councilman Moss and was AGREEMENTS seconded by Councilman Paulus to allow the Chief of Police to continue participating in the Drug Task Force which will allow the City a full -time drug officer with 75% of his salary being provided for through a grant. All Voted Aye. CAPITOL IMPROVE- A motion was made by Mayor LeBlanc and seconded MENTS by Councilman Doornbos to award the bid for two (2) 1992 pick -up trucks to Philpott Ford in the amount of $18,458.00. All Voted Aye. PARKS & PARK SITES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment to Austin Rio Construction Co., Inc. in the amount of $9,534.50 for payment of Est. No. Doornbos, Park Phase II. All Voted Aye. ' EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:10 p.m. relative to personnel related issues as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was adjourned at 7:40 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the City Manager brought the Council up -to -date on personnel matters but no action was necessary. COMMUNICATIONS Councilman Doornbos inquired as to the status of the Memphis Ave. siphon. D. E. Sosa, City Manager, responded that the City has heard nothing from Fitz & Shipman, Engineers, to date, but that he will contact them to obtain the "as- built" plans. 1 'i ` Minutes Continued, March 23, 1992 Councilman Paulus reminded the City Manager to have the City Staff inspect work performed by Colonial Pipeline including damages & repairs to Dock 5 road. Councilman Paulus also inquired about the culvert area on Dock 5 road. Steve Hamilton, Public Works Director, responded that he had salvaged culverts from another project which could be used to replace the culverts on Dock 5 road. ADJOURN There being no further business, Mayor Carl N. LeBlanc adjourned the meeting at 7:55 p.m. &XM' A6L--, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 00t�2'- A' ,Q/ I Chris Series, City Secretary City of Nederland, Texas 11 L� INTERAGENCY AGREEMENT REVIEW AND APPROVAL STATE OF TEXAS COUNTY OF JEFFERSON This Agreement is entered into by and between the County of Jefferson, a political subdivision of the State of Texas, hereinafter referred to as "County" and the Cities of Port Arthur, Nederland, Beaumont, Port Neches, and Groves, each a municipal corporation situated in Jefferson County, Texas, hereinafter called "Cities ", pursuant to the Interlocal Corporation Act, Art.4413 (32C), Texas Rev. Civ, Stat. (Vernon's 1976). WHEREAS, the "County" application with the Texas,•for funding in County Narcotics Task WHEREAS, the "County" total of $ 408,055.00 is approved; and WITNESSETH and the "Cities" wish to file a joint Criminal Justice Division of the-State of the amount of $ 1,224,168.00 for the Jefferson Farce, and and "Cities" have agreed to contribute the in matching funds if said joint application WHEREAS, the source of funds would not normally be used for this purpose; and WI([ A5, the "County" and "Cities" believe it to be in their best interests to join in the application to develop a multi - agency narcotics task force. l 80 WHEREAS, the "County" and "Cities" agree to each accept the responsibility to adhere to all pertinent federal, state, and local laws or regulations. NOW THEREFORE, IT IS IIEVEBY AGREED AS FOLLOWS: ARTICLE I 1.01 The purpose of and the Cities and Groves, to narcotics task creates the Je application is hereof for all PURPOSE this Agreement is to allow the County of Jefferson of Port Arthur, Nederland, Beaumont, Port Neches, file joint application for a multi - agency force, with the Criminal Justice Division, which fferson County Narcotics Task Force, which attached hereto as Exhibit "A" and made a part purposes. ARTICLE 11 TERM 2.01 The term of this Agreement is to commence on the execution of this Agreement and to end May 31, 1993. ARTICLE III CONSIDE- RATION 3.01 As consideration for this agreement, the "County" and "Cities" agree to contribute a total of $ 408,055.00 in matching funds for the enhancement of the Jefferson County Narcotics Task Force, in the amounts as follows: County of Jefferson $ 94,043.00 City of Port Arthur $ 162,131.00 City of Nederland $ 18,639.00 �f5- U5 -9:: O4:Odi'f1 1103 1 11 City of Beaumont $ 96,177.00 City of Port Neches $ 19,807.00 City of Groves $ 17,258.00 ARTICLE IV ALLOCATION OF FUNDS 9.01 The specific allocation of the "County" and the "Cities" fund is set out in the attachments to this agreement, marked as Exhibit "A ", and made a part hereof for all purposes. ARTICLE V OWNERSHIP OF EQUIPMENT 5.01 Upon termination of -this Agreement, ownership of equipment, hardware, and other non - expendable items will revert to the applicant for which it was acquired, subject to the approval of the-Criminal Justice Division of the State of Texas. ARTICLE VI 6.01 This Agreement; may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. ARTICLE VII LEGAL CONSIDERATIONS 7.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement X03 -05 -9' 04:09FM PO4 I 82 shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VIII ENTIRE AGREEMENT 8.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH Or WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DAY OF 19 FOR THE COUNTY OF JEFFERSON FOR TIIE CITY OF PORT ARTHUR FOR THE CITY OF NEDERLAND FOR THE CITY OF BEAUMONT Attes Attest Attest . Attest �I FOR THE CITY OF PORT NECHES 1 FOR THE CITY OF GROVES L P� Attes Attes u/- 05 -9F_' 04:O7YM T106 84 c 3:00 P.M. TIME AND PLACE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 13, 1992 The Meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the March 23, 1992 Council meeting contingent upon the inclusion of the number 4 after the word "Estimate" regarding payment to Austin Rio Construction Company. All Voted Aye. ORDINANCES, RESOL- A motion was made by Councilman Paulus and UTIONS & PROCLAMA- seconded by Councilman Doornbos to approve a TIONS Proclamation declaring April, 1992 "Sexual Assault Awareness Month" contingent upon the removal of paragraphs six and eight which were duplicated in the body of the Proclamation. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to call from the table Resolution 1992 -3 for further action. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve Resolution 1992 -3 authorizing the City of Nederland to intervene in the Gulf States Utilities' fuel adjustment request case. All Voted Aye. 1 1 1 Minutes Continued, April 13, 1992 A motion was by Mayor LeBlanc and seconded by Councilman Paulus to accept the Planning and Zoning Commissions' recommendation to approve the preliminary and final plats of Chelsey Place Subdivision (29 lots on S. 9th Street) contingent upon, in the event that Hunter's Ridge Subdivision is never developed, Chelsey Place agreeing to install a fire hydrant along Avenue B @ So. 9th Street; to install water lines along So. 9th to be located in front of Lots 1 -8; and to obtain a letter from Drainage District 7 allowing entrance into their concrete line drainage ditch. All Voted Aye. 1 WE A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Resolution 1992 -4 declaring the affects of onerous environmental regulations promulgated by the Environmental Protection Agency. All Voted Aye. CAPITAL IMPROVE- A motion was made by Mayor LeBlanc and seconded MENTS by Councilman Schroeter to authorize the purchase of additional disk space for the main frame. All Voted Aye. BOARDS AND A motion was made by Councilman Paulus and COMMISSIONS seconded by Councilman Doornbos to accept the resignation of Dallas Broussard from the Zoning Board of Appeals. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to appoint R.A. Mannino, 304 So. 3rd Street, to the Zoning Board of Appeals to fulfill the remaining term of Dallas Broussard. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the Planning and Zoning Commissions' recommendation ' to approve the preliminary and final plats of Twin Lake Estates (10 lots located outside the City limits of Nederland, but within the City of Nederland's extraterritorial jurisdiction). All Voted Aye. A motion was by Mayor LeBlanc and seconded by Councilman Paulus to accept the Planning and Zoning Commissions' recommendation to approve the preliminary and final plats of Chelsey Place Subdivision (29 lots on S. 9th Street) contingent upon, in the event that Hunter's Ridge Subdivision is never developed, Chelsey Place agreeing to install a fire hydrant along Avenue B @ So. 9th Street; to install water lines along So. 9th to be located in front of Lots 1 -8; and to obtain a letter from Drainage District 7 allowing entrance into their concrete line drainage ditch. All Voted Aye. 1 WE 8 6 Minutes Continued, April 13, 1992 POLICIES AND A motion was made by Councilman Paulus and PROCEDURES seconded by Councilman Schroeter to table taking action on the request to establish non- resident user fees at the D. Bob Henson Memorial Library. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize the enforcement of the City's trash policy and any modifications to that policy as established by the staff. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve waiver of any fees assessed to City recreational facili- ties for City employees and their immediate families. All Voted Aye. CAPITAL IMPROVE- A motion was made by Councilman Doornbos and MENTS seconded by Councilman Paulus to authorize the advertisement for bids to be received April 27, 1992 at 6:30 p.m. for one new riding lawnmower for the Parks Department. All Voted Aye. Bids for one 1992 police car were opened and read by Chief Neal. ' Bidders were as follows: Philpott Ford, Port Neches, Texas - $12,100.00; J. K. Chevrolet, Nederland, Texas - $12,120.50; and Buddy Chevrolet, Port Arthur, Texas - $12,369.00. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to table awarding bids for one 1992 police car and to refer the bids to the City Manager and staff for tabulation with recommendation to be made at a later date. All Voted Aye. STREETS, BRIDGES & A motion was made by Mayor LeBlanc and seconded ALLEYS - STATE & by Councilman Paulus to table participation in FED. ROADS & HWYS. the installation of a traffic signal at Highway 365 and South 21st Street for further study. All Voted Aye. 1 Minutes Continued, April 13, 1992 WATER & SEWER - A motion was made by Mayor LeBlanc and seconded ENGINEERING SER- by Councilman Doornbos to authorize payment to VICES KSA Engineers in the amount of $3,251.00 for services rendered in connection with Project No. ND -001 - Water Treatment Plant. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment to Butler, Porter, Gay & Day in the amount of $1,136.20 for legal services rendered in connection with the Southern Union Gas rate case. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize payment of the monthly bills for the month of March. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 5:30 p.m. pursuant to a possible lawsuit involving Southwestern Bell Telephone Company and pursuant to personnel matters relative to the wage and salary classification survey. These deliberations are held as authorized by TEX. REV. CIV. STAT. ANN. Art. (6252 -17, Section 2(e) and 2(g) V.T.C.S.). The Executive Session was adjourned at 6:35 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session was held for informational purposed only and that no action was necessary. COMMUNICATIONS Councilman Paulus stated that he received complaints regarding trash being placed along the roadside. He requested that the Public Works Director, in his letter to the citizens regarding the new trash policy, remind the citizens where trash should be placed. Councilman Doornbos reported that several lights were out at Doornbos Park and that he received complaints regarding garbage falling out of the garbage trucks. I� M 8 Minutes Continued, April 13, 1992 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:40 p.m. Carl LeBlanc, Mayor City of Nederland, Texas ATTEST: a4��o - LAJI�Wo7./ Chris Serres, City Secretary City of Nederland, Texas L u CII, ')F NEDERLAND MAYOR'S PROCLAMATION WHEREAS, sexual assault affects every person in the State of Texas either as a victim /survivor of sexual assault or as a family member, significant other, neighbor or co- worker. WHEREAS, this year's theme: "The Art of Surviving: Re: claiming Mind, Body, and Spirit" was chosen to emphasize the artistic, creative and innovative ways that survivors of sexual violence have used to heal; and to empower victims who have not yet become survivors. WHEREAS, many of our citizens are working to provide quality care and assistance to sexual assault survivors. Thousands of volunteers staff 24 -hour hotlines, respond to emergency calls and offer support during medical exams and criminals justice pro- ceedings. WHEREAS, sexual assault program volunteers and staff pro- mote sexual assault prevention by offering educational programs to schools, churches and civic organizations. They also train medical, mental health, law enforcement, education and criminal justice professionals regarding sexual assault issues. THEREFORE, in support and recognition of this cause, I Carl N. LeBlanc as Mayor of Nederland hereby declare April 1992 Sexual Assault Awareness Month with the theme: Sexual Assault: "The Art of Surviving: "Reclaiming Mind, Body and Spirit ". 1 ATTEST: &� Chri�es, City Secretary City of Nederland, Texas �l (!., Z dlo Z, A � 0,? , , Carl N. LeBlanc, Mayor City of Nederland, Texas 90 r CITY OF NEDERLAND RESOLUTION NO. 1992 -3 WHEREAS, Gulf States Utilities Company filed a fuel rate case, Docket No. 10894, with the Public Utility Commission on January 21, 1992; and WHEREAS, the rates set therein will affect this City and its citizens; and WHEREAS, it is in the public interest to join with other Cities to review such filing and present such evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: The City of Nederland should join with other participat- ing Cities in said Docket No. 10894, and execute all authorizations for participation at any time by written notice and to act indepen- dently in the exercise of local regulatory authority. It is speci- fically understood that this participation will not necessitate the expenditure of any funds from the City budget. ' ADOPTED this 13 day of April, 1992. ATTEST: Chris Serres, City Secretary City of Nederland, Texas CwIlll. LAS Carl N. LeBlanc, Mayor City of Nederland, Texas 1 91 CITY OF NEDERLAND RESOLUTION 1992 -4 A RESOLUTION DECLARING HOW THE CITY OF NEDERLAND IS AFFECTED BY ONEROUS ENVIRONMENTAL REGULATIONS PROMUL- GATED BY THE ENVIRONMENTAL PROTECTION AGENCY. WHEREAS, the Environmental Protection Agency wants to know how small cities are affected by onerous environmental regu- lations, and WHEREAS, small cities have the opportunity to request the Environmental Protection Agency to review any current regu- lations having and adverse impact on their communities, and WHEREAS, the Environmental Protection Agency is in the process of compiling a list of existing regulations to be reviewed and has requested comments from local governments on regulations that have proved too expensive to comply with or simply do not make sense to local officials, and WHEREAS, the comments received will be used by the En- ' vironmental Protection Agency to "review or rescind" existing re- gulations; WHEREAS area cities agree on the need to protect the public health from waterborne disease, to protect the natural en- vironment and wildlife, to eliminate nuisance conditions, to pro- tect downstream water supplies, to protect the water sources for recreational use, and to eliminate deposits of solids in lakes, streams, and rivers. They have channeled all available resources to these goals. However, small cities have very limited resources. The total population of the small cities in this area is approximately 85,000. The combined cost to comply with additional regulation to date is approximately $4.5 million and with additional annual operating cost approximately $150,000. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following is a description of the economic affects and /or concerns the Environmental Protection Agency's re- gulations have on the area cities: 92 RESOLUTION 1992 -4 CONTINUED * Some of the major concerns of small cities consists of the high amount of rainfall, aging infrastructure and the lack of funds for the collection system rehabilitation. * It will be a double cost to the city for the EPA and the TWC regulations on wastewater discharge. * Personnel at the regulatory agencies trying to improve on certain rules. * only cookbook responses are received by cities and un- usual situations and circumstances (environmental, hydro - logical, geological factors) are not considered by the regulatory agencies. * Monthly bio- monitoring can be extremely expensive for small cities. * Expensive wastewater permit renewals. * Expensive stormwater permit applications. * The elimination of the use of chlorine gas for disin- fection in drinking water because it can form THM which is suspected to be a carcinogen. The use of optional disinfectants, Chlorine Dioxide is expensive. * Recent studies indicate that THM -s may not be carcino- genic. * New sludge disposal requirements will cause an additional expense for additional lab testing, manpower, ' engineering, permit acquisition, reporting and landfill cost. * Lead and Copper testing requiring additional funds for sampling, analysis, reporting, system evaluation and system modifications. * Funds will come from taxpayers and rate payers who are already concerned with consumer costs. * There is a need to establish a balance between the cost and the desired effect of the legislation. The cost to achieve a smaller number on sewer effluent or chlorine residual permit limits is in total disproportion to the benefit. * Additional requirements such as sludge testing, copper testing, dechlorination, compositing sampling requiring additional manpower, biomonitoring, fecal coliform test- ing, lead and copper rule implementation and surface water treatment rule implementation. * Water reuse study required in an area with 60+ inches of rain per year. * Usually during a budget year cities may be required to obtain expensive treatment processes within 30 days of a request. * overlapping assignments by the many regulatory agents requiring the cities to support their activities. * Cities are required to hire consultant engineers at a great expense to the cities because there is not enough technical help from the regulatory agents. F� RESOLUTION 1992 -4 CONTINUED * A change in personnel at the regulatory agencies will mean a change in the interpretation of the regulations, rules and procedure. * Small cities that require water quality standards are much more stringent than those required of large industries discharging at exactly the same location. PASSED, APPROVED AND ADOPTED this the 13 day of April, 1992. ATTEST: l x14("2. 1 -' 1ZA 4 Chris Serres, City Secretary City of Nederland, Texas 93 Carl N. LeBlanc, Mayor City of Nederland, Texas 93 • A REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND April 27, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the April 13, 1992 meeting contingent upon the vote to approve Chelsey Place Subdivision being changed to reflect that I Councilman Doornbos abstained from the vote. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:40 p.m. pursuant to personnel matters relative to the wage and classification study as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was adjourned at 7:00 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. CAPITAL IMPROVE- Bids for one lawnmower for the Parks Department MENTS were opened and read by Bobby Kelly, Parks Director. Minutes Continued, April 27, 1992 Bidders were as follows: A & B Outdoor Equipment, Nederland, TX - $7921.00. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award the bid for one lawnmower for the Parks Department to A & B Outdoor Equipment in the amount of $7,921.00. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to award the bid for one 1992 police car to Philpott Ford in the amount of $12,100.00. All Voted Aye. POLICIES AND A motion was made by Councilman Doornbos and PROCEDURES seconded by Councilman Paulus to call from the table the request to establish non - resident user fees at the D. Bob Henson Memorial Library. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to establish a non- resident user fee policy at the D. Bob Henson Memorial Library for persons living within Jefferson County but outside Nederland City and ' School District limits. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to authorize the City Manager to amend Ordinance No. 155, Trash Ordinance, and to bring the amended ordinance before the Council for approval at the next Council meeting. Also included in the motion was authorization for the City Manager to proceed with communications to the citizens regarding the new trash policy. All Voted Aye. ORDINANCES, RESOL- A motion was made by Mayor LeBlanc and seconded UTIONS & PROCLAMA- by Councilman Paulus to approve an amendment TIONS to Ordinance No. 147, Personnel Ordinance, making pay days every other Friday versus every other Wednesday. All Voted Aye. 1 Minutes Continued, April 27, 1992 A motion was made by Councilman Paulus and seconded by Councilman Moss to amend Ordinance No. 164 setting the dates for regular Council meetings to be held May 5, 1992 through April 26, 1993. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to amend Ordinance No. 107 making Avenue D @ 21st Street a 4 -way stop. All Voted Aye. SUBDIVISIONS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to accept the Planning and Zoning Commission recommendation to approve the final plat of Phase 1 of Hunter's Ridge Subdivision (So. 9th Street) contingent upon letters of approval from Gulf States Utilities Company and Drainage District #7. Mayor LeBlanc, Councilman Moss, Councilman Schroeter and Councilman Paulus voted aye. Councilman Doornbos abstained from the vote. WATER & SEWER - A motion was made by Mayor LeBlanc and seconded , CONSTRUCTION by Councilman Paulus to authorize the City Manager and staff to negotiate with Mr. Connie Megas regarding cost - sharing for the construction of a 6" line to be located on S. 37th Street @ The Plaza Shopping Center. All Voted Aye. PARKS AND PARK A motion was made by Mayor LeBlanc and seconded SITES by Councilman Schroeter to table payment to Austin Rio Construction Company, Inc. due to lack of proper documentation. COMMUNICATIONS Councilman Paulus reported that there were no containers around the tennis and basketball courts and that garbage was being thrown on the ground. He also reported that signs need to be placed around the sidewalk prohibiting bicycles on the sidewalk. 1 Minutes Continued, April 27, 1992 ^ 7 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:30 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: -&u�zwxa"" Chris Se res, City Secretary City of Nederland, Texas [7 1 98 D. J.3o6 Yfenson Jrhemoriaf Gi6rary 1903 Atlanta Avenue Nederland, Texas 77627 409 / 722 -1255 TO: City Manager, Mayor, and City Council Members FROM: Brenda Warren, Library Director RE: Non - resident user fees DATE: April 22, 1992 In reference to the April 13, 1992, Nederland City Council meeting, the library desires to present this amended recommendation: 1. Persons living within the Nederland City limits or persons owning property and paying property taxes to the City of Nederland are eligible for a circulation card. 2. Any Nederland School District student or Nederland School District teacher is eligible for a library circulation card. , 3. All other persons living within Jefferson County may receive an annual fee -paid circulation card. The cost for each adult circulation card is $25.00 and each juvenile card is $15.00. This circulation card provides the same checking out priviledges and responsibilities as a Nederland city resident. R. As always, anyone is welcome to use any resources within the library, with or without a circulation card. Please see attachments. 1 AN AMENDMENT TO ORDINANCE 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHED A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL HOURLY EMPLOYEES, AND RENDER- ING ALL OTHER CONFLICTING ORDINANCES NOW OF RECORD NULL AND VOID. WHEREAS, it is deemed necessary to amend pay days to Fridays as opposed to Wednesday based on a biweekly payroll to allow sufficient time between the end of the pay period and the pay date to record any changes, additions and /or deletions to the payroll master file. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: ARTICLE IV SECTION 8 City employees shall be paid every other Friday predicated on a biweekly payroll cycle. When absent on authorized sick and vacation leave, each employee shall be paid at his /her regular rate. PASSED AND APPROVED by the City Council at its regular meeting this the 27th day of April, A.D., 1992. 1 ATTEST:^ ' Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 99 100 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 5, 1992 THROUGH APRIL 26, 1993. 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 meetings of the City Council of the City of Neder- land, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: June 8 July 13 September 14 October 12 November 9 December 14 January 11 February 8 March 8 April 12 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: May 5 May 18 June 22 July 27 August 10 August 24 September 28 October 26 November 23 December 28 January 25 February 22 March 22 April 26 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 27 day of April, 1992. ATTEST: Q Chris Serres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas I 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 pertain- ing to traffic regulation including required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I - STOP SIGNS The intersection at 21st Street and Avenue D shall be designated as a 114 -Way Stop Intersection ". Stop Signs shall be erected at all four corners. All vehicles must come to a complete stop before the intersection. SECTION II - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined any sum not less that $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered ' a separate offense. SECTION III - REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND ON THIS THE 27 DAY OF APRIL, A.D., 1992. ATTEST: NW , , L C', n 1 Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 141 102 , REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND May 5, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter and Councilman W. Ceyril Paulus. Councilman Billy W. Doornbos was absent. INVOCATION The invocation was given by Mayor LeBlanc. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the April 27, 1992 meeting as written. All Voted Aye. ELECTIONS Mrs. Gladys Weaver, Election Judge, reported that a total of 106 votes were cast in Early and General elections combined. She then reported that the following number of votes were cast for each candidate: CARL N. LEBLANC MAYOR 100 WILL E. SCHROETER COUNCILMAN WARD II 94 BILLY W. DOORNBOS COUNCILMAN WARD IV 92 A motion was made by Councilman Paulus and seconded by Councilman Schroeter to accept the canvass of election as presented by Mrs. Weaver, Election Judge and to approve payment to election officials in accordance with State Statutes Article 3.08 of the election code. All Voted Aye. Chris Serres, City Secretary, administered the Oath of Office to Carl N. LeBlanc, Mayor and Will E. Schroeter, Councilman Ward II. Due to his absence, Billy W. Doornbos will be sworn in at the May 18, 1992 Council meeting. 1 1 1 Minutes Continued, May 5, 1992 ORDINANCES, RESOL- A motion was made by Mayor LeBlanc and seconded UTIONS, AND PROCLA- by Councilman Schroeter to approve amending MATIONS Ordinance #155, Trash Ordinance, adopting a policy of picking up 4 cubic yards of trash per month per customer. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to table adopting the Wage and Salary Classification Plan and to direct the City Manager to place this item on the agenda for the May 18, 1992 Council meeting. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve a Proclamation declaring May 4 -8, 1992 as "Teacher Appreciation Week" in the Nederland Independent School District. All Voted Aye. WATER & SEWER - A motion was made by Mayor LeBlanc and seconded CONSTRUCTION by Councilman Schroeter to remove from the table the motion relating to replacing a 2" water line with 6" water line on S. 37th Street. All Voted Aye. ' A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve replacing a 2" water line with a 6" line contingent upon negotiating a cost - sharing arrangement between the City and the owner of The Plaza. All Voted Aye. STREET, BRIDGES & A motion was made by Councilman Paulus and ALLEYS - STATE & seconded by Mayor LeBlanc to remove from the FED. ROADS & HWYS. table the motion relating to the installation of a traffic signal @ Hwy. 365 and 21st Street. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the City of Nederland to participate in the installation of a traffic signal at South 21st Street and Hwy. 365 with the cost to the City of Nederland not to exceed $15,000. All Voted Aye. 1 103' 10 Minutes Continued, May 5, 1992 PARKS & PARK SITES A motion was made by Councilman Paulus and seconded Councilman Schroeter to remove from the table the motion relating to payment to Austin Rio Construction Company for services rendered at Doornbos Park. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the release of the retainage fee to Austin Rio Construction Company, Inc. in the amount of $20,422 for services rendered at Doornbos Park Phase II. All Voted Aye. EXECUTIVE SESSION A motion was made by Councilman Schroeter and seconded by Councilman Moss to table the Executive Session relating to personnel issues. All Voted Aye. COMMUNICATIONS Mayor LeBlanc reported a soft spot in the asphalt on the corner of So. 12th @ Hwy. 365. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:35 p.m. I Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: &t,,/- , Chris Serres, City Secretary City of Nederland, L L- 1 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTIONS FEES, SEWER AND WATER LINE MAINTENANCE 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 Inside Outside Residential and Commercial: City City First 2,000 Gallons (minimum) $ 6.00 $ 10.00 All over 2,000 Gallons (per M)* 1.75 3.50 Water line maintenance (per M) .25 .50 *All apartment complexes computed at 95% capacity. *Or as required by provisions of outside City contracts. *SEWER RATES S * *SEWER USAGE DISCOUNTS Residential (per month) 2,000 minimum $ 7.70 $ 13.40 All over 2,000 Gallons .65 1.30 Commercial (per month) 2,000 minimum 7.70 13.40 All over 2,000 Gallons (per M) .65 1.30 Sewer line maintenance (per M) .25 .50 *Or as required by provisions of outside City contracts. WATER CONNECTION FEE 3/4" Meter (Sewer Usage Discount) ** $ 50.00 $ 75.00 3/4" Water Tap 120.00 180.00 1" Water Tap 175.00 262.00 1 " 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. *SEWER CONNECTION FEES Residences - 4•' Sewer Tap 6" Sewer Tap 8" Sewer Tap $100.00 $150.00 150.00 225.00 200.00 300.00 106 UTILITY COLLECTION POLICY 1. Water bills shall be due fifteen (15) days after the date mailed. If payment is not received by the sixteenth (16) day, a 108 penalty will be assessed. A grace period of up to two days will be granted if the fifteenth (15th) day falls on a weekend, holiday, or any day City Hall is closed. 2. If payment is not received by the next read date, a second bill will be sent for the current reading plus the previous month's bill and the 108 penalty. 3. If payment is not received on the second bill by the end of the fifteen (15) day grace period, service will be disconnected. This gives utility customers a total of forty -five (45) days to reconcile their accounts before service is disconnected. 4. After a customer's service has been disconnected, all past arrears must be paid in full in order to reinstate water service. In addition, there will be a $5.00 turn -on fee for reinstatement during regular working hours (8:00 a.m. - 5:00 p.m.). If past accounts are settled and a turn -on is requested after normal working hours, a $45.00 turn -on fee is assessed to cover overtime for call outs. 5. In regard to temporary turn -ons for customers such as the ones who own rental property, no deposit will be required, but a minimum bill of $24.80 will be assessed in advance and will cover the cost of a temporary turn -on for a period of no longer than two (2) weeks. If the amount of water used exceeds the minimum used during the aforementioned two (2) weeks, then the customer will be billed according to usage. 6. Upon the passage of this ordinance, the City will no longer enter into contracts with utility customers. Contracts already in existence will be honored as long as the current water bill is paid in full and some portion of arrears are paid in accordance with the existing contract. 7. Utility customers who pay by check and whose checks are consistently returned NSF must pay their current and future water bills in cash, certified check, or money order. Utility customers who habitually issue checks that are returned NSF will be disconnected until some sort of arrangements are made with the water department. 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 1 Water Tap 250.00 250.00 2" and up Water Tap 300.00 300.00 Residential (per month) Rate Sales Tax Total 165.50 Inside City $ 10.30 $ .80 $ 11.10 10 192.00 Outside City 13.80 1.06 14.86 98 GALLON CONTAINERS Rate + 7.758 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 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 1 1 I 1 I� 350 GALLON CONTAINERS Rate + 7.758 Sales Tax No, of 2 Pickups per Week Containers Rate / Tax / Total 1 $ 28.80 $ 2.23 $ 31.03 2 57.60 4.46 62.06 3 86.40 6.70 93.10 4 115.20 8.93 124.13 5 144.00 11.16 155.16 6 172.80 13.39 186.19 7 201.60 15.62 217.22 8 230.40 17.86 248.26 9 259.20 20.09 279.29 10 288.00 22.32 310.32 3 Pickups per Week Rate / Tax / Total $ 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 (undeveloped) property must be hauled off by the owner or developer at their expense. The City will serve garbage paying customers only and limit their service to four (4) cubic yards per month. 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 Immediately PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 5th day of May , 1992. ATTEST: Chris Serres, City Secretary Cit of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: S /W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 0 '7 CITY OF NEDERLAND "PROGRAMMED PROGRESS" AlidJefferson County, Texas (Office of file 'Manor 0 rlanv* /A Ca4t N/.J/JLLeBfanc / /, GJ virtue of the a/ulliorily vested in me ae Mayor of the City of //ederCand, Jexae, . do 4e1e4 /� Pro cCaint May 4 -8, 1992 A9 "TeaeheA Appneeiati.on Week" in tie City of /lederla.nd, Jexad, and urge each and every City (filizen of our (amity to necogni.ze'.the e66oht6 o6 the dedicated Teacheu who educate ouA most ptteci,ouA % aouAce, ouA youth. 9n le9linio/ln/ly w4e/reol, witne9d my ,and and Seat of t�te city o/ //ecler��l//accnd{ lb, 14, 5th Ja y o/ ?ay, 1992 .fit lfee f : �,��GI • �- /�d���10`' ���'"v 1 Mayor City n ec er an , Jexaj l f Secretary 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND May 18, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the minutes of the May 5, 1992 meeting. All Voted Aye. ELECTION Chris Serres, City Secretary, administered the Oath of Office to Councilman Billy W. Doornbos. PRESENTATIONS Mr. Luis Silva of A.M.I. Mid Jefferson Hospital presented Mayor LeBlanc a check in the amount of $1,000 for the Doornbos Park Phase II project. Mayor LeBlanc presented service pins to the following employees and commended the employees for their dedication and service to the City of Nederland: Jerry McNeill 35 years Allen Apshire 25 years Barbara Newberry 25 years Henry Pedraza 25 years 109 1 1 Minutes Continued, May 18, 1992 ORDINANCES, RESOL- A motion was made by Councilman Paulus and UTIONS AND PROCLA- seconded by Councilman Doornbos to approve a MATIONS Proclamation declaring the week of May 25, 1992 "Operation Graduation Awareness Week ". All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to remove from the table the motion pertaining to the Wage and Salary Classification study. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to table action pertaining to the wage and salary classification study. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the 1992 Summer Recreation Program as presented by Coach Jim Weaver. All Voted Aye. PERSONNEL The City Council heard an appeal from Mr. Glenn Franklin regarding disciplinary action taken by the City Manager as set out in Ordinance No. 147, Article VI, Section 7B(4). Mr. Franklin was represented by Raymond Scott, American Federation of Municipal, School and County Employees. Mayor LeBlanc called for a recess in the regular meeting at 8:15 p.m. in order to hold an Executive Session. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 8:15 p.m. relative to personnel matters regarding disciplinary action in accordance with Ordinance No. 147 as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was recessed at 9:10 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session was held in order to discuss the appeal brought before the Council by Mr. Glenn Franklin. Minutes Continued, May 18, 1992 111 PERSONNEL (Cont.) A motion was made by Councilman Paulus and seconded by Councilman Schroeter to uphold the City Managers authority to discipline according to Ordinance No. 147, Article 6, Section B(1) - "using abusive language and threatening bodily harm ". All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment of the bills for the month of April, 1992 as presented by the City Treasurer. All Voted Aye. COMMUNICATIONS Mr. Gary Westbrook reported high grass at the corner of 23rd Street @ Oak Ridge in Christina Courts. EXECUTIVE SESSION Mayor LeBlanc reconvened the Executive Session (Cont.) at 9:17 p.m. for the purpose of receiving a report from the City Treasurer and Administra- tive Assistant relative to collective bargaining. The Executive Session was adjourned at 9:25 p.m. by Mayor Carl N. LeBlanc and the regular meeting was called back to order. ' Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:27 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 112 CITY OF NEDERLAND PROCLAMATION WHEREAS, Alcohol and other drug- related traffic crashes claim the lives of more than 22,000 Americans each year; with 22 persons killed in alcohol - related crashes in Jefferson County in 1991; and WHEREAS, Alcohol and other drug - related traffic crashes injure approximately 355,000 Americans each year.; and more than 400 here in Jefferson County; and WHEREAS, Nearly 2,700 of these deaths each year are teen- agers, meaning that at least 7 teenagers die each day in drunk driving crashes; and WHEREAS, Teenagers are involved in significant proportion of the alcohol and other drug- related fatalities that occur, and almost 19- percent of fatally injured 15 -19 year -old drivers were intoxicated prior to the crash; and WHEREAS, Increased public knowledge about the severity of the problem of alcohol and other drug- impaired driving may convince young drivers to refrain from this activity; and WHEREAS, Graduation time and the beginning of summer is a particularly appropriate time to focus local attention on the critical problems because a greater number of students are on the , road attending social functions during this time, leading to the possibility of an increase in traffic crashes as a result of impaired driving; NOW, THEREFORE, We Nederland City Councilmembers join with the Jefferson County Anti -DWI Program and Mothers Against Drunk Driving in Southeast Texas in designating the week of May 25, 1992 as OPERATION GRADUATION AWARENESS WEEK, and in supporting local observances reminding citizens -- especially students and parents, that drinking and driving is a lethal combination and we encourage participation in drug and alcohol -free celebrations that will help save lives during this time. DATED this the 10th day of Ma//y, 1992. 6071� A Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 1 1 e3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. June 8, 1992 TIME AND PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter and Councilman Billy W. Doornbos. Councilman W. Ceyril Paulus was absent. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the May 18, 1992 meeting as written. All Voted Aye. COUNCIL APPTD. A motion was made by Mayor LeBlanc and seconded BOARD AND COMMIS- by Councilman Moss to appoint Edwin C. Anderson SIONS to the South East Texas Regional Council on ' Aging. All Voted Aye. POLICES AND PRO- A motion was made by Councilman Doornbos and CEDURES seconded by Councilman Moss to adopt a Smoking Policy for City Office Buildings. All Voted Aye. WATER & SEWER - A motion was made by Mayor LeBlanc and seconded MAINTENANCE by Councilman Schroeter to authorize the implementation of a meter replacement program. All Voted Aye. CONFERENCES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize W. E. Sanderson, City Attorney, to attend the Bar Association in Corpus Christi, June 23 -27, 1992; to authorize the Mayor and City Council to attend the Mayors, Councilmembers and Commissioners Institute in E1 Paso, July 23- 26, 1992; and to authorize Chris Serres, City Secretary, to attend the Texas Municipal Clerks Certification Program in Waco, June 10 -12, 1992. All Voted Aye. 1 I �- Minutes Continued, June 8, 1992 PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment of the bills for the month of May, 1992 as presented by the City Treasurer. All Voted Aye. COMMUNICATIONS Mike Judice, Gulf States Utilities, briefed the Council on a possible merger between Gulf States Utilities Company and Entergy Corporation. Mr. Rothrock reported that there were appliance, scrap metal, etc. in the 200 Block of So. 5th Street that needed to be picked up. Councilman Doornbos reported that the traffic signal @ 27th Street and Nederland Avenue, facing 27th Street, remained green for six seconds which allowed only two /three vehicles to proceed through the light. He asked that the City check into the timing of this light. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 3:55 p.m. in order to receive a report on collective bargaining contract from the City Treasurer and Administrative Assistant as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17. , The Executive Session was adjourned by Mayor Carl N. LeBlanc at 5:10 p.m. and the regular session was reconvened. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:15 p.m. 0,-4,44 o , J Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Se es, City Secretary City of Nederland, Texas 115 INTRODUCTION Studies by the Surgeon General of the United States, the National Academy of Sciences, and other health organizations have linked passive exposure to tobacco smoke (second -hand smoke) to a variety of negative health conditions in nonsmokers. In light of this fact, the City of Nederland seeks to strike a reasonable balance between the rights of smokers and nonsmokers by regulating smoking in certain public places and places of employment. To this end, the following smoking policy shall be established and adhered to by all City employees. Section 1. Definitions. a). "ADMINISTRATIVE AREA." The area of City Hall not generally accessible to the public, including but not limited to stockrooms, employee restrooms, employee lounges or meeting rooms. b). "SMOKING ." The lighting, holding or carrying of, or emitting or exhaling the smoke of, a pipe, cigar or cigarette of any kind. c). "PUBLIC PLACE." Any enclosed area to which the public is invited or in which the public is permitted, not including the offices or work areas not entered by the ' public in the normal course of business or when using the premises. d). "EMPLOYEE." Any person who is employed by the City of Nederland for direct or indirect monetary wages or profit, or is in a position that would lead one to believe that such a person is so employed. e). "EMPLOYER." Any person, partnership, corporation, association or other entity, that employs one or more persons. f). "WORKPLACE." Any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, and /or customer services. The enclosed indoor area under the control of the employer shall include those areas to which employees have access during the course of employment, including, but not limited to work areas, employee conference rooms, and employee restrooms. g). "PUBLIC SERVICE AREA." Any area to which the general public routinely has access for municipal services. 1 I I G Section 2. SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS a). Smoking is prohibited in the following public places during the hours in which they are open to the public: 1) Any administrative area designated a "Non- smoking Area" by the applicable Department Head. 2) All workplaces to which the public has access. 3) Any public service area. 4) City Library 5) Conference Rooms 6) Any area marked with a No Smoking sign b). Employers shall supply a written copy of this policy to all current employees within one week of the date of its adoption and to all future employees at the time of their entry into employment. c). Employers shall post the smoking policy conspicuously in the place of employment. Section 3. Signs I Department Heads shall ensure that any area designated as a no- smoking area shall post or cause to be posted and prominently displayed, and shall maintain, "No- Smoking" signs in conspicuous locations within such areas. Such signs shall clearly and conspicuously recite the phrase "no- smoking" and /or use the international no- smoking symbol. Signs shall be of sufficient number and prominent location to convey the message clearly and legibly. Section 4. Smoking Restricted to Certain Areas a) If a smoking area is designated, Department Heads shall ensure that each such smoking area shall: 1) Be designate a smoking area in a location suited so the ventilation minimizes the effect of smoke in adjacent non - smoking areas, and so that air from the smoking area is not drawn into or across a non- smoking area. 2) Be designated by appropriate signs which are clearly visible. 3) Contain ashtrays, containers, or other facilities for extinguishment of smoking materials. 4) Be set apart or separated from non - smoking areas. b) Smoking may be permitted in private, enclosed offices even though such offices may be visited in the normal course of business by non - smoking employees. Section 5. General Provisions a) Nothing in this policy shall be construed to permit smoking where it is otherwise prohibited by law or regulation. b) Employee disputes and objections arising under the smoking policy shall be governed under the grievance procedures of Ordinance 147. 1 1 118 REGULAR MEETING OF THE CITY COUNCIL OF THE 6:30 P.M. TIME AND PLACE CITY OF NEDERLAND June 22, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the June 22, 1992 as written. All Voted Aye. CITY DEPARTMENTS A motion was made by Councilman Schroeter AND OFFICES and seconded by Councilman Doornbos to table the appointments of the City Secretary /Tax Assessor - Collector; City Treasurer; Fire Chief /Fire Marshal; Police Chief; City Judge; City Attorney; Emergency Management Coordinator and Assistant Coordinator. All Voted Aye. CAPITAL IMPROVE- A motion was made by Mayor LeBlanc and seconded MENTS - FRENCH by Councilman Moss to authorize the City of HOUSE MUSEUM Nederland to contribute funds from the Hotel /Motel Tax Account and to work jointly with the Historical Society to re -roof the French House Museum. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the City of Nederland to discontinue commercial garbage service and directed the City Manager to amend Ordinance No. 155 to reflect the same. All Voted Aye. 1 1 1 Minutes Continued, June 22, 1992 ORDINANCES (Cont.) A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to remove from the table the motion pertaining to the Wage and Salary Classification Study. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to adopt the Wage and Salary Classification Plan as per Personnel Ordinance No. 147, Article IV, Section 1. All Voted Aye. WATER & SEWER - A motion was made by Councilman Schroeter and CONSTRUCTION seconded by Councilman Paulus to authorize payment to Excavators and Constructors in the amount of $18,040 for services rendered in connection with laying a 6 -inch water line on S. 37th Street. All Voted Aye. COMMUNICATIONS Councilman Doornbos inquired about the Park completion and dedication. The City Manager responded that it would be approximately two more weeks before the Park project would be completed. The Public Works ' Director added that the Parks Department was in the process of doing a general cleanup. Councilman Doornbos also asked to have a Resolution declaring the City's appreciation to all whose donations made the expansion possible be placed on the agenda at the time of dedication. Councilman Doornbos then asked for a brief overview regarding the progress of the traffic signal @ Hwy. 365 and 21st Street. The City Manager responded that he has contacted all entities involved, relaying the difficulties concerning Payless. He added that Payless is concerned about the entrance and exit permits and that, in is his opinion, Payless and Wal -Mart should try to solve this problem between themselves. Councilman Doornbos inquired as to the progress regarding the possibilities of annexing properties outside City limits that are now being serviced with City water and /or sewer. 1 1 9 120 Minutes Continued, June 22, 1992 COMMUNICATIONS The City Manager responded that he has the (Cont.) appropriate City Departments working on this study. Councilman Doornbos asked whether or not a determination has been made regarding the timing of the traffic signal on Nederland Avenue and 27th Street. The Director of Public Works responded that the problem lies with the original setting of the light. He added that the timing could be changed, however, with any power surge the timing reverts back to the original setting. Mr. Hamilton also stated that it is the only non - standard computerized traffic signal in Nederland and that he has contacted Mr. Sisk regarding an increase in timing of this traffic signal. Mayor LeBlanc asked about the traffic signal on Boston Avenue and 12th Street. He added that the light stays green too long on the Boston Avenue side. The City Manager stated that he has had no complaints from citizens in reference to this ' traffic signal and suggested that the timing be left as is unless he starts receiving complaints. Councilman Paulus reported bicycle traffic along the walkway at Doornbos Park. The City Manager responded that there is a City Ordinance prohibiting the use of bicycles on sidewalks and that he will have signs posted to that effect. Councilman Paulus requested that a "stop ahead" sign be placed on 29th Street @ Avenue H to warn travelers of the upcoming stop sign. He also requested trimming of the tree limbs at that intersection. Councilman Moss reported that the stop sign at Atlanta Avenue @ 23rd Street was obstructed by tree limbs. Councilman Schroeter inquired as to the status of the monthly financial report. F1 1 Minutes Continued, June 22, 1992 COMMUNICATIONS The City Treasurer responded that he will have (Cont.) monthly reports dating back for the last three months to the Council within the next week or two. Mayor LeBlanc inquired as to the horse shoe pits and volleyball nets @ Doornbos Park. The Director of Public Works responded that the volleyball poles are up and that the Parks Director expects to have the horse shoe pits finished within the week. Mayor LeBlanc reported that there are many stop -signs throughout the City that can not be read. He then asked that an extensive study be done to determine and replace the signs that are in need of repair. ADJOURN There being no further business, the meeting was adjourned by Mayor LeBlanc at 7:15 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 19 122 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. July 13, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Counciman Paulus and seconded by Councilman Doornbos to table approving the minutes of the June 22, 1992 meeting until the next regularly scheduled Council meeting. All Voted Aye. TEXAS STATE Received comments from Mr. Walter Crooks, Mr. Bob ' HIGHWAY Bowers, Mr. Bob Dickinson, Mr. Mark Domingue, Mr. DEPARTMENT Jim Kline and Mr. Charles Airiohuodion, representatives for the Jefferson Orange Regional Transportation Study. Mr. Bob Dickinson gave a brief overview of the proposed Jefferson County thoroughfare plan and presented a map outlining the proposed thoroughfare. CONTRCTS A motion was made by Mayor LeBlanc and seconded by AGREEMENTS & Councilman Moss to approve a contract between the LEASES City of Nederland and the Y.M.C.A. allowing City of Nederland employees to utilize the Y.M.C.A. facilities in exchange for Y.M.C.A. day campers utilizing the Doornbos Park pool facility at no charge with a 50% discount in admission fees for Y.M.C.A. members. Also included in the motion was the authorization of signatures by the City Manager consumating the agreement. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION Carl N. LeBlanc at 3:47 p.m. in order to receive a report regarding collective bargaining from the City Treasurer and the Administrative Assistant and to discuss the reappointment of city officials as authorized by the TEX. REV. CIV. STAT. ANN. Art. 6252 -17. Minutes continued, July 13, 1992 The Executive Session was adjourned at 4:55 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that the Executive Session pertaining to collective bargaining was held for informational purposes only and that no action was necessary. Mayor LeBlanc then stated that the Council was ready to act on Agenda Item "E" - appointment of city officials. CITY DEPART- A motion was made by Mayor LeBlanc and seconded by MENTS AND Councilman Doornbos to remove from the table the OFFICES motion regarding Council appointed officials. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to appoint Mrs. Chris Serres, City Secretary /Tax Assessor - Collector; Mr. Mike Daws, City Treasurer; Mr. Mike Lovelady, Fire Chief /Fire Marshal; Mr. Billy Neal, Police Chief /Assistant Emergency Management Coordinator; Mr. Richard Hughes, City Judge; Mr. W. E. Sanderson, City Attorney; Mr. Jerry McNeill, Emergency Management Coordinator. All Voted Aye. ' COUNCIL A motion was made by Mayor LeBlanc and seconded by BOARDS AND Councilman Moss to appoint Bill Quick, Robert COMMISSIONS Sawyer, Joe Sudela, Rebecca Caddy and C. J. Schexnaider to the Planning and Zoning Commission and to appoint JoAnn Rienstra, Joan Edwards, R. A. Mannino, Guy Barlow and Paul Smith to the Zoning Board of Appeals with each member serving a two - year term. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to accept the Planning and Zoning Commissions recommendation to approve the preliminary plat of Willow Run Subdivision (outside city limits, but within the extraterritorial jurisdiction. All Voted Aye. STREETS, A motion was made by Councilman Schroeter and BRIDGES AND seconded by Councilman Paulus to approve the 1992 ALLEYS - Street Program with modifications, if any. All MAINTENANCE Voted Aye. 123 1 Y Minutes continued, July 13, 1992 PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment of the bills as presented by the City Treasurer. All Voted Aye. ORDINANCES, A motion was made by Councilman Doornbos and RESOLUTIONS seconded by Mayor LeBlanc to approve Resolution PROCLAMATIONS 1992 -5 accecpting the City of Nederland General Budget for the fiscal year beginning October 1, 1992 and ending September 30, 1993 and calling for a Public Hearing to be held at 6:30 p.m.. July 27, 1992 for the purpose of approving this budget in the proposed or amended form as per Article VII of the City Charter. All Voted Aye. COMMUNICATIONS Mr. Dan Crowley reported high weeds at a vacant house located at 226 Hill Terrace. Councilman Paulus reported an abandoned car at South 6 Street near Highland Park Elementary School. He also reported that a business is possibly being operated from the residence. Councilman Paulus also reported that the tree limbs needed trimming at the entrance into Doornbos Park. Councilman Doornbos requested that the October 12 ' Council meeting be changed from 3:00 p.m. to 6:30 p.m. due to it being a holiday. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:22 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: - &�� L-"L� Chris Ser es, City Secretary City of Nederland, Texas 1 ,)Copy—) AGREEMENT FOR YMCA PRIVILEGES THIS AGREEMENT is made and entered into by and between the CITY OF NEDERLAND (hereinafter referred to as "CITY ") and MID COUNTY YMCA (hereinafter referred to as "YMCA "). R E C I T A L S: CITY is a municipality located in Jefferson County Texas. YMCA agrees to furnish CITY employees with family memberships to the YMCA facility under the terms and conditions set forth in this Agreement. In consideration of the mutual promises set forth herein, it is agreed by and between CITY and YMCA as follows: Description of Services ' Services to be rendered by YMCA include, but are not limited to, providing CITY with all "Y" privileges not to exceed $13,000.00 or the cost of 65 family memberships. SECTION II. Payment In consideration of performance of this Agreement, CITY will allow up to thirty -five (35) day camp swimmers per day to use the City's pool facilities without cost during the course of normal working hours. In addition, the CITY will provide a discount to "Y" members for the use of pool facilities in the amount of 50 %. This discount will be for any cost above the $2,000.00 limit setforth prior to this Agreement by City Council. 1-26 SECTION III. Term of Agreement Either party may cancel this Agreement upon seven (7) days prior written notice to the other party. In the absence of such cancellation, this Agreement shall remain in full force and effect for a period of one (1) year from the date of execution hereof. SECTION IV. Assignment This Agreement or any interest herein, or claim hereunder, shall be assigned to benefit only CITY employees and shall not be transferred to any party or parties without YMCA's prior approval. 610YO R tom Entire Agreement This Agreement contains the entire agreement and supersedes , all other agreements, either oral or in writing, between the parties hereto and in regard to the subject matter hereof. This Agreement may not be changed, modified or waived except in writing signed by the parties hereto. 1 1 SECTION VI. Governing Law This Agreement is to be governed by and construed according to the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective July 13, 1992, in duplicate original counterparts. By: Name: D. E. Sosa Title: City Manager "CITY" Bv: Name: Ed Nantz Title: Director YMCA "YMCA" RESOLUTION 1992 -5 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, 1992 AND ENDING SEPTEMBER 30, 1993. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City department activities and offices for the Fiscal Year beginning October 1, 1992 and ending September 30, 1993; 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., July 27, 1992, for approval of this budget August 10, 1992 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 13th day of July, A.D., 1992. 0 Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 12y REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. July 27, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the June 22, 1992 and July 13, 1992 meetings as written. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded by RESOLUTIONS & Councilman Moss to approve a Proclamation declaring PROCLAMATIONS July 27 -31, 1992 "Nederland Westernaires Week" in ' the City of Nederland, Texas. All Voted Aye. SUBDIVISIONS Ron Arceneaux, P.E.; Johnny Shaw, Developer; Larry Denson, 708 36 Street; Mrs. Gabourel, Nederland Memorial Funeral Home; and Mr. Sam Steely, 36 Street @ Franklin Avenue; addressed the Council regarding the development of Pirate's Cove Subdivision. Citizens present expressed concerns relative to flooding, sewer line overflow and the placement of garbage containers. Ron Arceneaux, P.E. and Johnny Shaw, Developer, were present to answer questions from the Council and citizens regarding the aforementioned concerns. After a full discussion, a motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the Planning and Zoning Commission's recommendation to approve the preliminary and final plat of Pirate's Cove Subdivision contingent upon obtaining an easement from Mrs. Gabourel (Tract 4, 200x319.86 T &NO, 15) for a storm sewer to be located behind Pirate's Cove Subdivision and run to Helena Avenue, and contingent upon the developer submitting revised plans to be approved by the City Engineer. All Voted Aye. 134 i Minutes Continued, July 27, 1992 FINANCE - Mayor Carl N. LeBlanc called a Public Hearing to BUDGET order at 7:20 p.m. for the purpose of receiving comments relative to the proposed City of Nederland Budget for the fiscal year beginning October 1, 1992 and ending September 30, 1993. All Voted Aye. D. E. Sosa, City Manager, presented the proposed budget to the Council and highlighted estimate revenues and appropriations for the 1992 -93 fiscal year. After a full discussion of the proposed budget, Mayor LeBlanc called for comments and /or questions from the floor. There being no comments and /or questions from the floor, a motion was made by Councilman Doornbos and seconded by Councilman Schroeter to adjourn the Public Hearing. All Voted Aye. Mayor LeBlanc announced that the Public Hearing adjourned at 7:53 p.m. A motion was then made by Councilman Paulus and seconded by Councilman Doornbos to table taking action adopting the 1992 -93 budget. All Voted Aye. ' EXECUTIVE An Executive Session was call to order by Mayor Carl N. LeBlanc at 7:55 p.m. for the purpose of receiving comments relative to personnel matters as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g)• The Executive Session was adjourned at 8:28 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNICA- D. E. Sosa, City Manager, announced that the Park TIONS dedication will be held August 10, 1992 at 5:00 p.m. Immediately following the dedication, a work session will be held at 5:30 p.m. with the regular meeting to be called to order at 6:30 p.m. 1 Minutes Continued, July 27, 1992 COMMUNICA- Mr. Sosa also reported that he attended a meeting TIONS (Cont.) regarding worker's compensation and general liability insurance. He informed the Council that this fund is doing well and that the City may realize a decrease in worker's compensation and general liability insurance premiums. Councilman Schroeter requested that the carpet in the weight room at the Nederland Recreation Center be replaced before the Park dedication. Councilman Schroeter also reported that he had a request to place a 4 -way stop sign @ 8th Street and Boston Avenue. The City Manager responded that he would evaluate the situation at this corner and report back to the Council at a later date. Councilman Paulus requested that the staff develop a 5 or 10 year plan for the City of Nederland. The City Manager suggested that a work session be held between the Council and staff to receive insight from both the Council and staff regarding the development /drafting of a plan. Councilman Doornbos requested that the City Manager study the possibility of implementing a 1/2 cent sales tax to be used for economic development. Councilman Doornbos also requested information regarding the status of the title insurance on the property located on Canal Avenue which is the proposed site of the new water plant. Mayor LeBlanc reported that he attended a meeting regarding recycling and suggested that the S.E.T.R.P.C. study the feasibility of recycling on a region -wide basis. Mayor LeBlanc also reported that grass /weeds along Boston Avenue, Nederland Avenue and 12th Street have not been cut. Mayor LeBlanc then suggested that a committee of citizens be appointed relative to the 5 -10 year plan for the City. He stated that the citizens input might be helpful in arriving at what goals the general public would like to see accomplished by the City over the next 5 to 10 years. 131 1 3 2 "4 Minutes Continued, July 27, 1992 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:45 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Sevres, City Secretary City of Nederland, Texas 1 1 y�yu* �cx,, ,ty".. -r, ��"'"'�' � a� •.� n. �.,�. � �s�n a^, .,.x�+�r, a . �!?p'�e�rsR;r CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas Offire of toe MaVor r Ilan /A Can.f N.q "Caopo" LeBCane /, t y virtue o/114, a/ufC1i7ority veiled in me ae /{'Mayor oll4e City of //ederCand, Jexad, do �iereGy //// �roclaim Jufy 27-31, 1992 ate "NedeAtand We6.tehnaiAe6 week" in l[te lily of lJ eclerlancl, Jexae, anal urge eac�t anal every l.ilizen o our C..ilt to honor the 1991 -92 Nede4 and High Schoo£ We6.telin- ai4e,6 bon hero accomp hm-nt6 and e6peci.a. y ben.ion.b KAisti Saabay, Chn.i.6tL CaAten, ChenyQ Pate, Amanda Bynd, Amy Meyn,ig, Jenni6en Wheeten., 7.i66any Vin- cent, and juniou Ho tey Owena, TAizha Owen , Aimee Nichotu, Hannah Hotcomb, Geri. Dauphine, Stacey Hebeat and Jamie Lavergne who were honored bon .their dance abititi,eb by being invited and attending an intennationat tour that in- ctuded Jidor 7d Pax" , ,molly to I t ereo , uilnedA m I t an d an d / eSal �l[te Cily of llecterCand l[tid t/re 27.th clay o/ Juty 1992 —4.2. Mayor / Vl lu. l..ity o/ llederland, ✓exa9 cretary y 134 } REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. August 10, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Mayor Carl N. LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the July 27, 1992 meeting as written. All Voted Aye. ' TAXES - GENERAL A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to call a Public Hearing to be held August 24, 1992 at 6:30 p.m. for the purpose of satisfying the requirements of Chapter 26 of the Tax Code as a result of the tax rate ($.70 per $100 valuation) being more than three percent (3 %) above the effective tax rate. All Voted Aye. TAXES - APPRAISAL A motion was made by Councilman Doornbos and DISTRICT seconded by Councilman Moss to approve the 1992 Appraisal Roll as certified by the Jefferson County Appraisal District. All Voted Aye. ORDINANCES, Mayor LeBlanc presented a Proclamation to Mr. RESOLUTIONS & Mosca, President, and Mr. Grant, Treasurer, of PROCLAMATIONS the Mid County Senior Babe Ruth League, declaring August 10, 1992 "Mid County Senior Babe Ruth All Stars Week" in Nederland. Minutes Continued, August 10, 1992 ORDINANCES, A motion was made by Councilman Schroeter and RESOLUTIONS & seconded by Mayor LeBlanc to approve Ordinance PROCLAMATIONS No. 414, an appropriation ordinance adopting a budget in accordance with Article VII of the Charter of the City of Nederland, contingent upon deleting the entire last sentence of Attachment "A" of Amendment I which reads "Employees that fell between steps were adjusted to the nearest step in the wage plan. " All Voted Aye. TRAFFIC A motion was made by Mayor LeBlanc and seconded by Councilman Moss to table, for further negotiations, approving a resolution which would allow the City of Nederland to participate in the operation maintenance cost of the traffic signal to be constructed @ 21st Street and Hwy. 365. All Voted Aye. HEALTH & WELFARE A motion was made by Councilman Doornbos and seconded by Councilman Moss to table authorizing Health and Safety Management, Inc. to conduct an environmental audit within the Fire Department to determine the presence of asbestos. All Voted Aye. SUBDIVISIONS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the improvements in Chelsey Place and Hunter's Ridge Subdivisions contingent upon receiving the developer's contribution for streets and signs, completion of punch -list items and receiving as -built drawings. Mayor LeBlanc, Councilman Moss, Councilman Schroeter and Councilman Paulus all voting aye. Councilman Doornbos abstaining due to conflict of interest with Hunter's Ridge Subdivision. CONTRACTS, A motion was made by Mayor LeBlanc and seconded AGREEMENTS & by Councilman Paulus to authorize the Nederland LEASES Police Department to escort Nederland High School buses to all out -of -town games. All Voted Aye. 1 135 136 Minutes Continued, August 10, 1992 PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize payment of the bills for the month of July, 1992 as presented by the Treasurer. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:40 p.m. for the purpose of receiving comments relative to personnel matters and to discuss pending litigation regarding a possible lawsuit as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Sections 2(g) & 2(e), V.T.C.S. The Executive Session was adjourned at 8:30 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that both deliberations were informational items only and that no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, briefed the Council on a new work order system he would like to initiate. The new work orders would be used ' by Council members only and would provide the staff with a method of following up on Council request. Councilman Doornbos requested that a work session be held after the September 14 Council meeting. Councilman Doornbos inquired about the status of the $10,000 monthly payment being made to T.M.R.S. The City Manager responded that he has sent to T.M.R.S. two different scenarios: 1) 5 people retire - the City replaces no one. 2) 5 people retire - replace 5 at a lower salary of $17,000 - $20,000. He stated that he is waiting on a response from the actuary to see if either scenario will help and /or alleviate the $10,000 monthly deficit. Minutes Continued, August 10, 1992 COMMUNICATIONS Councilman Doornbos then reported that the (Cont.) timing of the traffic signal on 27th Street @ Nederland Avenue has reverted back to the original timing. Councilman Paulus presented the City Manager with a booklet to be distributed to all Department Heads which outlined organizational goals -- budgets -- how to arrive at financial stability -- why you should have goals set for your organization -- etc. The City Manager informed Councilman Paulus that the staff will have an itinerary relative to a 5 -10 year plan for Council's review the first Council meeting in September. Councilman Schroeter asked whether or not the organizational chart on page 1 of the budget had been revised as specified. The City Manager responded that the chart was in the process of being revised but at this time was not complete. Mayor LeBlanc asked the City Manager to have ' the Christmas lights removed from the Canal Avenue water tower. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:45 P.m. ATTEST: l /1� Atml� Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 137 139 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas coma of tq, AoQor Prorlamatl4' un 9, Ca&t N.. L/eB&nc , Gy virtue .111". authority v//e .4ted in the ae Mayor oillte City ol / /ec[erland� Jexa�r do 4ere15y pp Proclaim Augua.t 10 -14, 1992 —4.4 "Mid County Senior Babe Ruth A t S.tan'6 Week" iin� the l.ity of 9 eder[and, ✓exas1 and urge eaclt and every l.ilizen 010ur Cily to euppont Ronnie HudAon, Manager; Steve Fteming and Brent Rayburn, A66i4 tart ManageAA and the Mid County Senior Babe Ruth 16- Yeah -Otd ACQS.tara ae they fiiavet to Gadaen, Akabama 6or .their bid in the Nationat Senior Babe Ruth WoAtd Senie,6. 9n leelimony w1teereol� witneee my hand and Sea[ o1 11,e Cil J o f //ederlpartd tltie 14e 10 day o/ lugu6t, 1992 fleet: City secretary u � _moo UI , (in i) /a TAO_ v /! a y o r Qq/�J // pp cc77 City o/ //eder[and, Jexae 1 1 1 dct In 3„� ORD NO. �`f AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter prior to July 15, the City Manager prepared and presented a city budget itemizing estimated revenues and appropriations to the City Council; and, WHEREAS, in accordance with Section 102.006 of the Texas Local Government Code and Article 29e, Texas Revised Civil Statutes, Section 7.06 of the City Charter, after notice was published not more than 30 days nor less than 10 days prior to the Public Hearing, said Public 1- fearing was held by the City Council on the proposed budget July 27, 1992, said budget having been on file for public inspection more tan 15 days before the date of said hearing and more than 30 days before the City Council makes its tax levy for said fiscal year, as required by Sections 102.006 and 102.05, respectively, of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. GENERAL FUND That there be and is hereby appropriated ' the sum of Five Million, six hundred fifty -six thousand, nine hundred thirty -eight dollars and no cents ($5,656,938.00) to the General Fund for the payment of operating expenses and necessary capital outlay. Section 2. DEBT SERVICE FUND That there be and is hereby appropriated the sum of One Million, six hundred ninety -six thousand, six hundred one dollars and no cents ($1,693,601.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3. WATER & SEWER FUND That there be and is hereby appropriated the sum of Two Million, two hundred forty dollars and no cents ($2,240,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay. Section 4. SOLID WASTE FUND That there be and is hereby appropriated the sum of Seven hundred ninety -five thousand dollars and no cents ($795,000.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5. LIBRARY SPECIAL FUND That there be and is hereby appropriated the sum of Seventy thousand dollars and no. cents ($70,000.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 6. POLICE NARCOTICS FUND That there be and is hereby appropriated the sum of Two thousand dollars and no cents ($2,000.00) to the Police Narcotics Fund for the payment of 140 n operating expenses and necessary capital outlay. Section 7. MID - COUNTY MUNICIAPL LEAGUE DISPATCHING FUND That there be and is hereby appropriated the sum of Two hundred thirty thousand, one dollars and no cents ($230,001.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. Section 8. MID - COUNTY MUNICIPAL LEAGUE SOLID WASTE FUND That there be and is hereby appropriated the sum of Six hundred eighty - seven thousand, five hundred one dollars and no cents ($687,501.00) to the Mid- County Municipal League Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 9. AMENDMENTS That the City Manager's proposed budget is adopted as provided in section 1 through 8 with the following amendments: As per Attachment A THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1992, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1992 and ending September 30, 1992, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT the budget for the 1992 -93 fiscal year be increased for valid outstanding encumbrances of the 1991 -92 fiscal year. ' THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Secretary shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in,force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE /() DAY OF AUGUST, A.D., 1991. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: / tin, ; . AA 0 .lam Chris Serres, City Secretary City of Nederland, Texas 141 BUDGET ORDINANCE - ATTACHMENT A Amendment #1 To change the proposed Cost -of- Living Lncrease (COLA) from 5% to 3.5% The 3.5 % increase applied to the wage plan adopted by the City Council. Employees noted as "red - lined ", currently above their maximum step did not receive n budgeted COLA increase. Employees that fell between steps were adjusted to the nearest step in the wage plan. Amendment #2 Provide finals for City Attorney and City Judge inadvertently omitted from original proposal. Amendment #3 Increase the Street Program by $50,000 to provide additional funds for street repair and improvements. Funding was provided by the following changes: Decrease funding for Operation Center renovations Decrease funding for Meter replacements Decrease funding for Container Replacements Net Change in Amendment #1 Allocation of TMRS Supplement based on Employees in Fund. Change in Funding requirement of MCML Central Dispatching Amendment #4 Change Proposed Senior Citizen Amount to requested amounttof $19,200. . LINE ITEM APPROPRIATION CI-[ANGES ' PROPOSED AMENDED ACCT# CLASSIFICATION FROM TO CHANGE GENERAL FUND , - General Government 100 A- I Wages 316,242 310,148 (6,094) 100 A -3 Social Security 24,193 23,726 (467) 100 A -5 Retirement 42,693 41,870 (823) Fire Department 200 A -1 Wages 405,002 400,751 (4)-251) 200 A -3 Social Security 30,983 30,657 (326) 200 A -5 Retirement 54,675 54,101 (574) Police Department 400 A -1 Wages 627,343 651,622 24,279 400 A -3 Social Security 47,992 47,665 (327) 400 A -5 Retirement 94,691 84,115 (576) Public Works 600 A -1 Wages 436,486 431,509 600 A -3 Social Security 33,391 33,010 (381) 600 A -5 Retirement 58,926 58,254 (672) 600 X -5 Streets 150,000 200,000 50,000 600 X -3 Equipment 66,000 62,461 (3,539) Parks 700 A -1 Wages 130,079 128,105 (1)974) 700 A -3 Social Security 9,951 9,800 (151) 700 A -5 Retirement 17,561 17,294 (267) Library 800 A -1 Wages 98,866 93,708 (5,158) 800 A -3 Social Security 7,563 7,169 (394) 800 A -5 Retirement 13,347 12,651 (696) Non - Departmental - - Senior Citizens 24,000 19,200 (4,800) Operating Transfer -Out - - MCML Dispatchinf 81,529 82,826 1;297 Non - Departmental - - TMRS Supplement 120,000 80,871 (39;129) Total General Fund 2,881,513 2,881,513 0 BUDGET ORDINANCE - ATTACHMENT A Page 2 3000 A -1 Wages 144,816 143,101 (1,715) WATER & SEWER FUND 3000 A -3 Social Security 11,078 10,947 W &S Administration 2050 A -1 Wages 122,716 119,013 (3,703 (231 2050 A -2 Overtime Extra I-Iel 47,653 47,000 (653) (5,000 2050 A -3 Social Security . 9,388 9,104 (284) 7 077 2050 A -5 Retirement 16,567 16,066 (501) 0 2050 X -7 Water Meters 30,000 15,000 (15,000) Water Operations 2000 A -1 Wages 302,502 300,699 (1,803) 84,469 2000 A -3 Social Security 23,141 23,004 (137) 66,366 2000 A -5 Retirement 40,838 40,594 (244) Sewer Operations 4000 A- I Wages 229,457 227,356 (2,101) 233,661 4000 A -3 Social Security 17,553 17,393 (160) 159,597 4000 A -4 Insurance 22,382 22,200 (182) 12,209 4000 A -5 Retirement 30,977 30,693 (284) Non - Departmental - - TMRS Supplement 0 25,052 25,052 Total Water & Sewer Fund 7,000 893,174 893,174 0 SOLID WASTE FUND Solid Waste 3000 A -1 Wages 144,816 143,101 (1,715) 3000 A -3 Social Security 11,078 10,947 (131) 3000 A -5 Retirement 19,550 19,319 (231 3000 X -3 Equipment 105,000 100,000 (5,000 Non - Departmental - - TMRS Supplement 0 7,077 7 077 Total Solid Waste Fund 280,444 280,444 0 MCML CENTRAL DISPATCHING Revenues - - City or Groves 83,146 84,469 1,323 - - City or Port Neches 65,326 66,366 1,040 - - City or Nederland 81,529 82,826 1,297 Net Change in Revenues 23_0,001 233,661 3,660 MCML Dispatching 420 A -1 Wages 162,354 159,597 (2,757) 420 A -3 Social Security 12,420 12,209 (211) 420 A -5 Retirement 21,918 21,546 (372) Non - Departmental - - TMRS Supplement 0 7,000 7,000 Net Change in Appropriations 196,692 200,352 3,660 1 3 413 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 p.m. August 24, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the August 10, 1992 meeting as written. All Voted Aye. ' PRESENTATIONS Mayor LeBlanc introduced Mike Judice, John Bordelon and Ron McKenzie of Gulf States Utilities and Betty Dixon, Executive Director of the Nederland Chamber of Commerce. Mr. Judice then gave a brief overview of the objectives and projects for the City of Nederland as a Team City member. Mr. Judice then presented Mrs. Dixon and Mayor LeBlanc with a plaque redesignating the City of Nederland as a Team City. Also presented to Mayor LeBlanc was a Team City flag. TAXES - Mayor LeBlanc called a Public Hearing to order at GENERAL 6:38 p.m. in order to receive comments and /or questions relative to the 1992 -1993 proposed tax rate of $.70 per $100 valuation. Mr. Robert Bodemuller, 1416 Avenue D, commended the Mayor, Councilmembers and City Staff on their continued efforts to provide quality services to the citizens while maintaining the current tax rate. There being no further comments and /or questions, Mayor LeBlanc adjourned the Public Hearing at 6:39 p.m. 144 Minutes continued, August 24, 1992 A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to call a Special Meeting to be held August 27, 1992 at 3:00 p.m. for the purpose of adopting a tax rate for the 1992 -1993 tax year. All Voted Aye. ECONOMIC Mayor LeBlanc called a Public Hearing to order at DEVELOPMENT 6:42 p.m. for the purpose of receiving comments and /or questions relative to a grant application for a Texas Community Development Program grant. Mr. Don Grigsby, Town Design, gave an overview of the funds available for such a project and the criteria which must be met before a city can be considered to receive such funds. There being no further comments and /or questions, the Public Hearing was adjourned by Mayor Carl N. LeBlanc at 6:52 p.m. CONTRACTS, A motion was made by Mayor LeBlanc and seconded by LEASES & Councilman Moss to approve an encroachment agree - AGREEMENTS ment for Lot 5, Block 3, Highland Park Addition. All Voted Aye. UTILITIES - A motion was made by Mayor LeBlanc and seconded by SOUTHERN Councilman Moss to table authorizing the City of UNION GAS Nederland to pay their pro -rata share of the rate consultants fees in the Southern Union Gas Company rate case. All Voted Aye. COMMUNICATIONS D. E. Sosa briefed the Council regarding the hurricane preparedness steps being taken by the City Staff. Councilman Paulus inquired about the wage scale reflecting a 3.5 percent salary increase. After a discussion among the Council and City Manager it was determined that the increase would be 3.5 percent, but not to exceed Step 9 of the Wage and Salary Classification plan which would in some cases call for a 3.4 percent increase for some employees. Councilman Paulus reported grass clippings on 12th Street where the City patched the street need to be picked up. Councilman Paulus also suggested that the staff invite Team City members to the work session when they begin working on a 5 -10 year plan for the City. He added that these persons can be valuable to the City in developing economic goals. I Minutes continued, August 24, 1992 Councilman Doornbos inquired about the budget expenditures through the end of July stating that 83% of budgeted funds through July have been spent. Mike Daws, Finance Director, responded that the majority of expenditures were large one -time expenditures such as debt service that can not be pro -rated over a 12 month period. Mr. Daws then added that he did not feel that total revenues will exceed total expenditures for the year. Councilman Doornbos inquired about a request made to use the old landfill site for flying radio controlled airplanes. His main concern was relative to insurance, hold harmless, etc. D. E. Sosa, City Manager, responded that he made it clear that permission to use the site was contingent upon approval by the City Councils of Nederland, Port Neches and Groves and that proof of insurance would have to be provided. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:37 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas 14,5 D. E. Sosa, City Manager, presented copies of organizational charts outlining the chain of command in the Fire Department, Police Department, Public Works Department and Administration to the Council. He then stated that he would like to see an official title change for Kent Walston from ' Administrative Assistant to Assistant City Manager, adding that Mr. Walston was hired to assist the City Manager and that the title change would legitimize Mr. Walston's role in the organization. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:37 p.m. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas 14,5 146 5 COMMUNITY ASSESSMENT AND MARKETING PROGRAM TEAM CITIES OBJECTIVES AND PROJECTS FOR THE CITY OF NEDERLAND FOR REDESIGNATION AS A TEAM CITY 1992 -1994 Objective To promote community activities that will enhance the cities beauty, image and tourism efforts. Projects Planting of tulip bulbs on an annual basis Expand Christmas tree lighting and sponsor the annual Christmas parade. Objective to promote and enhance the cities expansion of existing businesses and attract new business through economic development activities and infrastructure building. Projects Promote new streets, street improvements and connectors to the new prison complex, expand airport complex and Hwy. 87 reopening, and Port of Nederland infrastructure, reinventory existing ' building /property availability for use in GSU CABS and state computer programs, sewer collection improvements, recycling program and recreation facilities. Objective To maintain a working relationship with Nederland businesses and industry in order to promote their growth and expansion in Nederland and the area. Project Serve as host for an area business appreciation dinner meeting to recognize business and their contribution to the areas economy. U 147, CONSENT TO ENCROACHMENT Lot 5, Block 3, HIGHLAND PARK ADDITION, a Subdivision in the City of Nederland, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Volume 7, Page 201, Map Records of Jefferson County, Texas. WHEREAS, the above described property is subject to dedicated utility easements filed with the Clerk of Real Property Records of Jefferson County, Texas for public utility purposes; and WHEREAS, the Owners plan to construct and /or maintain or has constructed and /or maintained structures within or encroaching upon the area of the easements and has requested that the CITY OF NEDERLAND give its consent to the said encroachments. NOW, THEREFORE, the CITY OF NEDERLAND gives its consent to the concrete and wood deck encroachments into said utility easement as said easement is described as follows: That certain ten foot (10') utility easement across the rear of Lot 5, Block 3, of HIGHLAND PARK ADDITION as shown on map recorded in Vol. 7, page 201, Map Records of Jefferson County, Texas. All of said encroachments being more particularly described on the survey attached hereto and made a part hereof for all intent and purposes. This consent is only for the part of the easements in which the CITY OF NEDERLAND has an interest and in no way does this consent apply to any interest held by any other utility. EXECUTED this -24/ day of lC 1992. ' CITY O NEDERLAND-�/�j /� // BY: ��ldk - o�-Y �;"4r -n, CARL N. LEBLANC, MAYOR ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me this the ,21 day of (,/A /6 ,J 1992, by CARL N. LEBLANC, MAYOR of the CITY OF NEDERLAND, on behalf of the City of Nederland. NOTARY PUBLIC, STATE OF TEXAS 6hr;nbne, 5erre 5 NOTARY'S PRINTED NAME MY COMMISSION EXPIRES: STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, RONALD W. QUIST and wife, MAE WYNN QUIST (hereinafter referred to as "Owners ") are the Owners of the following described property in Jefferson County, Texas: Lot 5, Block 3, HIGHLAND PARK ADDITION, a Subdivision in the City of Nederland, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Volume 7, Page 201, Map Records of Jefferson County, Texas. WHEREAS, the above described property is subject to dedicated utility easements filed with the Clerk of Real Property Records of Jefferson County, Texas for public utility purposes; and WHEREAS, the Owners plan to construct and /or maintain or has constructed and /or maintained structures within or encroaching upon the area of the easements and has requested that the CITY OF NEDERLAND give its consent to the said encroachments. NOW, THEREFORE, the CITY OF NEDERLAND gives its consent to the concrete and wood deck encroachments into said utility easement as said easement is described as follows: That certain ten foot (10') utility easement across the rear of Lot 5, Block 3, of HIGHLAND PARK ADDITION as shown on map recorded in Vol. 7, page 201, Map Records of Jefferson County, Texas. All of said encroachments being more particularly described on the survey attached hereto and made a part hereof for all intent and purposes. This consent is only for the part of the easements in which the CITY OF NEDERLAND has an interest and in no way does this consent apply to any interest held by any other utility. EXECUTED this -24/ day of lC 1992. ' CITY O NEDERLAND-�/�j /� // BY: ��ldk - o�-Y �;"4r -n, CARL N. LEBLANC, MAYOR ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me this the ,21 day of (,/A /6 ,J 1992, by CARL N. LEBLANC, MAYOR of the CITY OF NEDERLAND, on behalf of the City of Nederland. NOTARY PUBLIC, STATE OF TEXAS 6hr;nbne, 5erre 5 NOTARY'S PRINTED NAME MY COMMISSION EXPIRES: CHRISTIN111MIS Nary pwla + STATE OF TEXAS A4 V1 LLUn E q. Ap 2MM 148 0 G�wf ";� Axtl� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 27, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Mayor LeBlanc. TAXES - A motion was made by Mayor LeBlanc and seconded by GENERAL Councilman Doornbos to adopt a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1992 and ending September 30, 1993. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION LeBlanc at 3:10 p.m. for the purpose of receiving a report regarding collective bargaining from the Assistant City Manager as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2, V.T.C.S. ' The Executive Session was adjourned at 3:29 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 3:30 p.m. 0 G�wf ";� Axtl� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas I ,, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 3:00 P.M. September 14, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 3:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the August 24 Council meeting and the August 27 Special meeting contingent upon correcting the August 24 minutes, page 145, second - paragraph , last sentence by striking the word "not" and correcting the August 27 ' minutes to reflect that Councilman Moss was absent. All Voted Aye. BIDS Mr. Kent Walston, Assistant City Manager, opened and read bids received for group life, health, dental and worker's compensation insurance. The following bids were received: Greentree Administrators, T.M.L., Blue Cross /Blue Shield, Transport Life, Philadelphia Life, Entrust Agencies, Inc., Unilife, Standard Life Insurance, GroupAmerica Insurance Company, Phoenix Insurance Group, Mutual of Omaha, American United Life, Acordia, New York Life and CNA Insurance Companies. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to refer bids received for group life, health, dental and worker's compensation insurance to the City Manager and staff for tabulation with recommendation to be made at a later Council meeting. All Voted Aye. 1 ® Minutes Continued, September 14, 1992 BIDS (Cont.) A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize the advertisement for bids (to be received at a later Council meeting) for two (2) automated garbage truck bodies and packard blades, two (2 ) 1993 1/2 -ton pickup trucks and one ( 1) 1993 1/2 -ton pickup truck with a utility bed. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS & by Councilman Moss to approve amending PROCLAMATIONS Ordinance No. 164, an ordinance setting Council meeting dates, to reflect changing the October 12 Council meeting from 3:00 p.m. to 6:30 p.m. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1992- 8 authorizing the City of Nederland to join other cities in Docket No. 11292 pertaining to the acquisition of Gulf States Utilities Company by Entergy. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution 1992 -9 accepting the draft of the Jefferson County Thoroughfare Plan as presented by Bob ' Dickinson with the South East Texas Regional Planning Commission. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve Resolution 1992 -7 authorizing the City of Nederland to join with other participating cities to appeal the final order of the Railroad Commission in the Southern Union Gas Rate Case, Docket No. 8033. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve Resolution 1992 -6 informing the Environmental Protection Agency Region 6 that Council action was taken to review the Municipal Water Pollution Prevention Environmental Audit Report and to maintain the City's NPDES permit. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1992- 10 authorizing the submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs. All Voted Aye. Minutes Continued, September 14, 1992 COUNCIL APPTD. A motion was made by Councilman Paulus and BOARD & COMMI- seconded by Councilman Schroeter to appoint SIGNS Barbara Newberry lay representative for the HALS (Houston Area Library Service) to represent the City of Nederland and the D. Bob Henson Memorial Library. All Voted Aye. TAXES - A motion was made by Councilman Doornbos and ABATEMENT seconded by Mayor LeBlanc to table, for information purposes, adopting the Uniform Tax Abatement Policy approved by the Jefferson County Commissioner's Court August 17, 1992. All Voted Aye. TRAFFIC SIGNAL A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the City Manager to negotiate a contract (not to exceed $15,000) with the City of Port Arthur pertaining to the construction and maintenance of a traffic signal at Hwy. 365 and 21st Street. All Voted Aye SUBDIVISION A motion was made by Mayor LeBlanc and seconded by Councilman Moss to accept the improvements in Kings Court Subdivision contingent upon the City receiving funds for the street lights and ' signs as well as receiving the as -built plans. All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize the payment of the bills for the month of August, 1992. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 3:58 p.m. for the purpose of discussing personnel - related issues as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was adjourned at 4:40 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. 1 1� 15 2 2Minutes Continued, September 14, 1992 COMMUNICATIONS D. E. Sosa, City Manager, reported to the Council that there have been several water breaks throughout the City due to the dry weather. He also reported that there will possibly be an increase in the landfill fees charged by the City of Beaumont; there has been no response from T.M.R.S. regarding the $10,000 deficit; and that one employee in the water department may be retiring. Councilman Schroeter reported that South 12th Street @ H.E.B. Grocery is in need of repair. Councilman Paulus reported that the surface on Dock Road #5 is wearing thin and in need of repair. Councilman Doornbos asked that copies of the Proclamation dedicating Doornbos Park Phase II be sent to those persons and organizations who donated funds that made Phase II possible. Councilman Doornbos asked to be brought up- to -date regarding the status of the revenues and expenditures for fiscal 1991 -1992. Mike Daws, Finance Director, responded that ' there will be approximately $80,000 in General Fund and that the Water and Sewer Funds were exceeding the budget between 7 & 10 percent. He then stated that expenses were in line with the budgeted figures. Councilman Doornbos reported that one of his constituents requested that the section of street @ Gary Avenue and 30th Street be replaced with curbs and gutters, adding that it is the only section of street in that subdivision that does not have curbs and gutters. Councilman Doornbos then requested an approximation as to cost to do this project. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 5:00 p.m. �el� _ ATTEST: Carl N. LeBlanc, Mayor Q ( City of Nederland, Texas Chris Serres, City Secretary City of Nederland, Texas - 1 1 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM SEPTEMBER 14, 1992 THROUGH APRIL 26, 1993. 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 meetings of the City Council of the City of Neder- land, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: September 14 November 9 December 14 January 11 February 8 March 8 April 12 the remainder of the meetings shall begin at 6:30 p.m. on the following dates: September 28 October 12 October 26 November 23 December 28 January 25 February 22 March 22 April 26 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 14 day of September 14, 1992. ATTEST: Chris Serres, City Secretary Carl N. LeBlanc, Mayor City of Nederland, Texas i�d 154 CITY OF NEDERLAND RESOLUTION 1992 -8 WHEREAS, Entergy and Gulf States Utilities Company have filed Docket No. 11292 with the Public Utility Commission seeking approval of Entergy's acquisition of Gulf States Utilities Company; and WHEREAS, such decision will affect this City and its citizens; and WHEREAS, it is in the public interest to join with other Cities to review such filing and present such evidence as may be appropriate before the Public Utility Commission, all as directed by the Cities' Steering Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 CITY OF NEDERLAND, TEXAS that: The City of Nederland should join with other , participating Cities in said Docket No. 11292 and execute all authorizations for participation necessary for same, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority. It is specifically understood that this participation will not necessitate the expenditure of any funds from the City budget. ADOPTED this —�_ day of �CL�KI�X/1"Y1�1�/!, , 1992. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: lam/ ULtd i���.P/y Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas p, CITY OF NEDERLAND RESOLUTION 1992 -9 A RESOLUTION AUTHORIZING THE APPROVAL OF A THOROUGH- FARE PLAN FOR THE GENERAL AREA BOUNDED BY INTERSTATE HIGHWAY 10, F.M. HIGHWAY 365, STATE HIGHWAY 347, AND U.S. HIGHWAY 69 /CARDINAL DRIVE, AND DIRECTING THAT THE THOROUGHFARE PLAN BE PRESENTED TO THE POLICY ADVISORY COMMITTEE OF THE JEFFERSON - ORANGE COUNTIES REGIONAL TRANSPORTATION STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION PLAN. developed the "Major Thoroughfare and Highway Plan ", a copy of which is attached and made a part hereof; and WHEREAS, said staff members have met with interested governmental representatives, chambers of commerce, school districts, and drainage districts to disseminate information of the plan and to receive responses; now, therefore, BE IT RESOLVED BY the City Council of the City of WHEREAS, the Federal Highway Act of 1962 recognized the need for urban transportation planning and the Jefferson - Orange Counties Regional Transportation Study (hereinafter referred to as JORTS) was completed in 1963, and is now in need of revision to show that development is underway in the area described in the caption; and, ' WHEREAS, a planned and coordinated thoroughfare system is needed for this area to connect into and be served by the existing interstate, federal, and state highway systems for development now underway and development that is to occur in the immediate future including, but not limited to, the Jefferson County correctional facilities, the United States Department of Justice Bureau of Prisons correctional facilities, the City of Beaumont wetlands wastewater treatment facilities, and a commercially owned and operated solid waste disposal site; and, WHEREAS, the staffs of Jefferson County, the cities of Beaumont, Port Arthur, Nederland, Groves and Port Neches and the South East Texas Regional Planning (Metropolitan Planning organization), working as the Technical Committee of JORTS have developed the "Major Thoroughfare and Highway Plan ", a copy of which is attached and made a part hereof; and WHEREAS, said staff members have met with interested governmental representatives, chambers of commerce, school districts, and drainage districts to disseminate information of the plan and to receive responses; now, therefore, BE IT RESOLVED BY the City Council of the City of 156 Nederland, Texas THAT Carl N. LeBlanc, Mayor of the City of Nederland, be authorized to approved this "Major Thoroughfare and Highway Plan" to be used as a guide for future urban developments and improvements to the transportation system; and, THAT this plan be used for a more orderly development of the area to ensure that the limited resources of our respective agencies are used wisely and prudently; and, THAT upon approval by all governmental agencies of this resolution and plan, that a request be made to the JORTS Policy Advisory Committee to amend the existing Regional Transportation Plan to include the Major Thoroughfare and Highway Plan as a component of the Regional Transportation Plan; and, THAT no schedule, responsibilities, proposed funding, or priorities are established by this action, and that those decisions will be made at the appropriate time as traffic problems occur, ' needs are defined, and as funds are available to the appropriate governmental agencies; and, THAT the Major Thoroughfare and Highway Plan effort which established a high level of cooperation, coordination, and valuable transportation planning between the South East Texas Regional Planning Commission (MPO), Jefferson County, the municipalities, and the Technical Committee of JORTS be continued and directed toward other parts of the JORTS study area where the counties and /or the municipalities feel there is a need to update the existing transportation plan; and, THAT a copy of this Resolution be transmitted to the Technical Committee of JORTS. READ, ADOPTED, AND APPROVED this day of A.D., 1992, at a regular Meeting of the City Council of the City of Nederland. 1 ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Carl N. LeBlanc, Mayor City of Nederland, Texas 157 158 CITY OF NEDERLAND RESOLUTION 1992 -7 WHEREAS, the Railroad Commission of Texas has failed to act on Cities' Motion for Rehearing in Docket No. 8033, the Southern Union Gas case, and its jurisdiction over the case has terminated; and WHEREAS, the final order of the Railroad Commission of Texas is in error by setting aside rates legally established by Cities without holding a hearing or taking evidence; and WHEREAS, the Railroad Commission of Texas erred by its failure to allow recovery from Southern Union Gas Company of reasonable rate case expenses incurred by the Cities: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, that: Section 1. - The City of Nederland should join with other ' participating cities to appeal the final order of the Railroad Commission of Texas in Docket No. 8033 to the Travis County District Court as provided by TEX. REV. CIV. STAT. ANN. Art. 6252 - 13a §19 (APTRA). Section 2. - That the City's Special Counsel, the law firm of Butler, Porter, Gay & Day, Austin, Texas, is authorized to file an appeal of the Railroad Commission's decision in Docket No. 8033, providing that the Cities of Port Arthur, Port Neches, and Groves, also join in said appeal. Specifically, said appeal is for the purpose of appealing the Commission's illegal action in setting aside rates legally established by cities without holding a hearing or taking evidence and to appeal the Commission's failure to allow recovery of the cities' reasonable rate case expenses as provided by law. Section 3. - That the City of Nederland's pro rata share of the costs of this appeal shall not exceed $ 1,551.00 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of Nederland, Texas on the 14th day of September, 1992. r, ij ATTEST: Chris Serres City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ✓V W. E. Sanderson, City Attorney City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 159 160 CITY OF NEDERLAND RESOLUTION 1992 -6 Resolved that the City of Nederland informs Environmental Protection Agency Region 6 that the following actions were taken by the City Council of the City of Nederland. 1. Reviewed the Municipal Water Pollution Prevention Environmental Audit Report which is attached to this resolution. 2. Set forth the following actions necessary to maintain permit requirements contained in the NPDES Permit number TX0026476. a. Source reduction. Passed by a unanimous vote of the City Council on September 14, 1992. ATTEST' A: , - n. . //VWrY'� /'�y Chris Serres, City Secretary City of Nederland, Texas ,..`.,....r,. ri u ,:... 0 'p:. .., 0 0 Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 1t;! CITY OF NEDERLAND RESOLUTION 1992 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Nederland to apply for funding under the 1992 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Afairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the applicaiton be for up to $250,000.00 of grant funds to replace existing 2" water lines with 6" minimum water lines and appurtenances. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Nederland is committing up to $50,000.00 from its General Fund as a cash contribution toward the construction activities of this water line improvement project. Passed and approved this day of 1992. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: J " *Ch`ris Serres, City Secretary City, bf Nederland, Texas U • 0 . 0 y •., ;: ^0.• _ 1� eH4A110 ,..:: 162 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 p.m. September 28, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the September 14, 1992 meeting as written. All Voted Aye. TAXES - A motion was made by Councilman Paulus and seconded ABATEMENT by Councilman Schroeter to remove from the table the item pertaining to the Uniform Tax Abatement Policy. All Voted Aye. Mr. Roland Bieber, Chief Appraiser of the Jefferson County Appraisal District, gave a brief overview of the tax abatement policy adopted by the Jefferson County Commissioner's Court on August 17, 1992. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to adopt the Tax Abatement Policy as approved by the Jefferson County Commissioner's Court contingent upon authorization by the City Attorney. All Voted Aye. COMMENTS Mr. Cecil Ricks, 404 South 4 Street, spoke to the Council relative to a possible violation of the Livestock Ordinance No. 89. Upon discovering that this matter had been brought before the County Court, W. E. Sanderson, City Attorney, advised that this matter was no longer an issue that could be acted upon by the City Council and suggested that both parties concerned seek the advice of an attorney. 1 �1 Minutes continued, September 28, 1992 1 U EXECUTIVE An Executive Session was called to order by Mayor SESSION Carl N. LeBlanc at 7:15 p.m. for the purpose of discussing personnel - related issues as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. and issues related to collective bargaining for fire and police as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(f), V.T.C.S. The Executive Session was adjourned at 12:15 a.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc then directed the deliberations to be brought back into the open meeting for action. A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to accept the resignation of Mike Daws, City Treasurer. All Voted Aye. (Deliberation #1) A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to reject the contract proposal by the Nederland Police Officers Association and directed further negotiations between the City and the Association. All Voted Aye. (Deliberation #2) ' MID - COUNTY A motion was made by Mayor LeBlanc and seconded by MUNICIPAL Councilman Moss to table comments from Jerry Holmes LEAGUE relative to his request for permission to use the Mid County Municipal League's landfill site for the RC Airplane Club. All Voted Aye. INSURANCE A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to award the City's group life to Royal Maccabees Life Insurance Company and the group health to Texas Municipal League Risk Pool. All Voted Aye. FINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table payment to Jerry Braxton for services rendered in the Youman No. 1 Street Reconstruction Project. All Voted Aye. COMMUNICATION D. E. Sosa, City Manager, informed the Council that there will be a vacancy at the Water Plant due to the retirement of one of the operators and requested permission to post the vacancy for bid. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the staff to accept applications to fill the vacancy at the Water Plant. All Voted Aye. r, iMinutes continued, September 28, 1992 The City Council authorized the City Manager to sign a resolution to enter into negotiations for maintenance cost of the traffic signal at Hwy. 365 and South 21 Street. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 12:30 a.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: &,/�- L AJ-12-� Chris Se res, City Secretary City of Nederland, Texas 1 CITY OF NEDERLAND RESOLUTION 1992 -9 A RESOLUTION AUTHORIZING THE APPROVAL OF A THOROUGH- FARE PLAN FOR THE GENERAL AREA BOUNDED BY INTERSTATE IiIGHWAY 10, F.M. HIGHWAY 365, STATE HIGHWAY 347, AND U.S. HIGHWAY 69 /CARDINAL DRIVE, AND DIRECTING THAT THE THOROUGHFARE PLAN BE PRESENTED TO THE POLICY ADVISORY COMMITTEE OF THE JEFFERSON - ORANGE COUNTIES REGIONAL TRANSPORTATION STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION PLAN. WHEREAS, the Federal Highway Act of 1962 recognized the need for urban transportation planning and the Jefferson - Orange Counties Regional Transportation Study (hereinafter referred to as JORTS) was completed in 1963, and is now in need of revision to show that development is underway in the area described in the caption; and, ' WHEREAS, a planned and coordinated thoroughfare system is needed for this area to connect into and be served by the existing interstate, federal, and state highway systems for development now underway and development that is to occur in the immediate future including, but not limited to, the Jefferson County correctional facilities, the United States Department of Justice Bureau of Prisons correctional facilities, the City of Beaumont wetlands wastewater treatment facilities, and a commercially owned and operated solid waste disposal site; and, WHEREAS, the staffs of Jefferson County, the cities of Beaumont, Port Arthur, Nederland, Groves and Port Neches and the South East Texas Regional Planning (Metropolitan Planning Organization), working as the Technical Committee of JORTS have developed the "Major Thoroughfare and Highway Plan ", a copy of which is attached and made a part hereof; and WHEREAS, said staff members have met with interested governmental representatives, chambers of commerce, school districts, and drainage districts to disseminate information of the plan and to receive responses; now, therefore, BE IT RESOLVED BY the City Council of the City of 166 Nederland, Texas THAT Carl N. LeBlanc, Mayor of the City of Nederland, be authorized to approved this "Major Thoroughfare and Highway Plan" to be used as a guide for future urban developments and improvements to the transportation system; and, THAT this plan be used for a more orderly development of the area to ensure that the limited resources of our respective agencies are used wisely and prudently; and, THAT upon approval by all governmental agencies of this resolution and plan, that a request be made to the JORTS Policy Advisory Committee to amend the existing Regional Transportation Plan to include the Major Thoroughfare and Highway Plan as a component of the Regional Transportation Plan; and, THAT no schedule, responsibilities, proposed funding, or priorities are established by this action, and that those decisions ' will be made at the appropriate time as traffic problems occur, needs are defined, and as funds are available to the appropriate governmental agencies; and, THAT the Major Thoroughfare and Highway Plan effort which established a high level of cooperation, coordination, and valuable transportation planning between the South East Texas Regional Planning Commission (MPO), Jefferson County, the municipalities, and the Technical Committee of JORTS be continued and directed toward other parts of the JORTS study area where the counties and /or the municipalities feel there is a need to update the existing transportation plan; and, THAT a copy of this Resolution be transmitted to the Technical Committee of JORTS.i' /-,^ READ, ADOPTED, AND APPROVED this day of _2j _ NFL A.D., 1992, at a regular Meeting of the City Council of the City of Nederland. 1 ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: N f �' ",rt� - W. E. Sanderson, City Attorney City of Nederland, Texas 1 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 167 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 12, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the minutes of the September 28, 1992 meeting as written. All Voted Aye. PROPERTY - Mr. Billy Sims, KSA Engineers, Inc., presented the MUN. BLDG. & Council with a preliminary engineering report, ' SITES - prepared by KSA Engineers, Inc., for the CONSTRUCTION construction of the water treatment plant WATER PLANT improvements. A motion was made by Councilman Paulus and seconded A motion was made by Councilman Schroeter and seconded by Councilman Paulus to accept the preliminary engineering report as prepared by KSA Engineers, Inc. and to authorize the design phase. All Voted Aye. BIDS Bids received for two (2) fully automated garbage trucks and three (3) pickup trucks were opened and read by Kent Walston, Assistant City Manager. Bidders for three (3) pickups were as follows: Kinsel Ford, Beaumont, TX; Energy Country Ford, Port Arthur, TX; Buddy Chevrolet, Port Arthur, TX; and, Wickersham Ford, Orange, TX. Bidders for two (2) fully automated garbage trucks were as follows: The Heil Company, Chattanooga, TN. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to refer bids received to the staff for tabulation with recommendation to be made at a later date. All Voted Aye. Minutes continued, October 12, 1992 CONFERENCES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize Jerry McNeill, Emergency Management Coordinator, and Billy Neal, Assistant Coordinator, to attend the Emergency Management Conference in Galveston, Texas, October 21 -23, 1992. All Voted Aye. CITY DEPART- A motion was made by Councilman Schroeter and MENTS AND seconded by Councilman Paulus to appoint Chris OFFICES Serres interim City Treasurer. All Voted Aye. STREETS, A motion was made by Councilman Paulus and seconded BRIDGES & by Mayor LeBlanc to remove from the table the motion ALLEYS - pertaining to payment for services rendered by MAINTENANCE Excavators and Constructors, Inc. for street reconstruction in Youmans No. 1 Subdivision. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment in the amount of $57,515.00 to Excavators and Constructors, Inc. for services rendered in connection with street reconstruction in Youmans No. 1. All Voted Aye. ' PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment of the bills for the month of September, 1992. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION Carl N. LeBlanc at 7:37 p.m. for the purpose of discussing issues related to collective bargaining for fire and police as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(f), V.T.C.S. The Executive Session was adjourned at 8:08 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc directed the deliberations to be brought back into the open meeting for action. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to table accepting the contract with the Fire Department. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to increase the Fire Department compliment by one additional man. All Voted Aye. 169 7 0 Minutes continued, October 12, 1992 COMMUNICATION A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to replace a laborer in the Public Works Department. All Voted Aye. D. E. Sosa, City Manager, reported that the rail- road crossings at Boston and Helena Avenues @ Twin City Highway will be repaired Thursday of this week. Councilman Doornbos inquired about the report published by the Municipal Analysis Services, Inc. D. E. Sosa, City Manager, responded that he still has not received the information he needs in order to follow up on this report. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:15 p.m. ATTEST: b�" ' kwZ3"' Chris Serres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas L 1 171 QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the minutes of the October 12, 1992 meeting contingent upon adding the word "beds" to the item pertaining to receiving bids for two fully automated garbage truck beds. All Voted Aye. COMMENTS Mr. Ronnie Minaldi requested a street light be installed in the 900 - 1000 block of 20th Street. Mr. Minaldi added that there are existing lights but, due to heavy tree growth, they are ineffective. The City Manager suggested that the City could obtain an estimate as to cost to install a street light and split the cost of installing the light equally between the City and the residents. He added that the City would then be responsible for the monthly fee. The Council advised the City Manager to obtain an estimate from Gulf States Utilities to install the street light and to meet with Mr. Minaldi concerning the cost. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bid received for two (2) fully automated garbage truck beds to The Heil Company in the amount of $83,330.00. All Voted Aye. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. October 26, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman Will E. Schroeter, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Paulus. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to approve the minutes of the October 12, 1992 meeting contingent upon adding the word "beds" to the item pertaining to receiving bids for two fully automated garbage truck beds. All Voted Aye. COMMENTS Mr. Ronnie Minaldi requested a street light be installed in the 900 - 1000 block of 20th Street. Mr. Minaldi added that there are existing lights but, due to heavy tree growth, they are ineffective. The City Manager suggested that the City could obtain an estimate as to cost to install a street light and split the cost of installing the light equally between the City and the residents. He added that the City would then be responsible for the monthly fee. The Council advised the City Manager to obtain an estimate from Gulf States Utilities to install the street light and to meet with Mr. Minaldi concerning the cost. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bid received for two (2) fully automated garbage truck beds to The Heil Company in the amount of $83,330.00. All Voted Aye. 1 t 9 Minutes Continued, October 26, 1992 BIDS (Cont.) A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize the advertisement for bids for six (6) new complete self- contained breathing apparatus units and twelve (12) extra air cylinders; and to authorize advertisement for bids for two (2) 1993 police cars. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:45 p.m. for the purpose of receiving a report relative to collective bargaining for fire and police and to discuss personnel - related issues as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(f) & 2(g), V.T.C.S. The Executive Session was adjourned at 9:20 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to ratify the contract negotiated between the City of Nederland and the Nederland Fire Department. All Voted Aye. A motion was made by Councilman Schroeter and ' seconded by Councilman Paulus to ratify, contingent upon correcting a typographical error to reflect that time -off for negotiations in the form of comp -time and /or vacations will not be unreasonably withheld and changing the promotional exclusion limit: from 180 days to one year and contingent upon both parties accepting and initialing the changes, the contract between the City of Nederland and the Nederland Police Department. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment in the amount of $1,072.50 to Excavators and Constructors for services rendered in connection with the landfill and Doornbos Park. Minutes Continued, October 26, 1992 COMMUNICATIONS D. E. Sosa, City Manager, reported that there will be an item on the next agenda to discuss changing the times and dates of the Council meetings; he also reported that he met with the business managers regarding the gas leak @ 14th Street and Nederland Avenue; one of the fire trucks will be in the shop in Houston; and that the City has received the year -end figures from the landfill and stated that it does not appear that there will be an increase in the fees for the upcoming year. ADJOURN There being no further business, the meeting was adjourned at 9:35 p.m. by Mayor Carl N. LeBlanc. // (SCE Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Y n ' Chris Serres, City Secretary City of Nederland, Texas r. 173 I '7 zi REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 P.M. November 9, 1992 TIME & PLACE The 'meeting was called to order by Mayor Carl N. LeBlanc at 6:30 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM Members present were Mayor Carl N. LeBlanc, Councilman Melvin L. Moss, Councilman W. Ceyril Paulus and Councilman Billy W. Doornbos. Councilman Will E. Schroeter was absent due to a conflict of interest with the meeting time. RECESS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to recess the regularly scheduled meeting until 5:00 p.m. at which time all Council members would be present. Mayor LeBlanc called the regular meeting back. to order 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 and Councilman Billy W. Doornbos. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to approve the minutes of the October 26, 1992 meeting as; written. All Voted Aye. CIVIC AFFAIRS Mr. Don Watt, Chairman of the Nederland, Heritage Festival, requested permission to close, to through traffic, the full width of 17th Street from Atlanta Avenue to Detroit. Avenue during the 1993 Heritage Festival. There being no objections to the closing of the aforementioned section of 17th Street, the City Council granted the request for closure. Minutes Continued, November 9, 1992 CIVIC AFFAIRS - Mr. D. E. Sosa, City Manager, informed the (CONT.) Council that the Chamber of Commerce Lighting Committee has requested the help of City staff in placing Christmas lights and decorations along Boston Avenue. He added that, in the past this project was handled by different civic organizations and businesses, but the City does have the available manpower and equipment, with the exception of having to rent an additional bucket - truck. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to authorize the City of Nederland to work in conjunction with the Chamber of Commerce Lighting Committee to place Christmas lights and decorations along Boston Avenue. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Schroeter and seconded by Councilman Moss to accept the Planning and Zoning Commission's recommendation to approve the preliminary plat of Allan Court Subdivision (21st Street between Avenue N and Hwy. 365) contingent upon compliance with the following five items: 1) elimination of 90 degree bends in water lines; 2) detail of water and sewer line service ' layout for each lot in the subdivisions; 3) the paving sequence for cutting across South 21st Street; 4) special specifications for concrete paving crossing South 21st Street; and 5) temporary turnaround at the end of Allan Court Street, Phase One. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to accept the Planning and Zoning Commission's recommendation to approve the final plat of Allan Court Subdivision, Phase One. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to accept the Planning and Zoning Commission's recommendation to approve the final plat of Willow Run Subdivision, Phase I. (Outside City limits, but within Nederland's extraterritorial jurisdiction) All Voted Aye. aMdnutes Continued, yJ, November 9, 1992 ;i r, . e PROPERTY - A motion was made by Councilman Doornbos and MUNICIPAL BLDGS. seconded by Councilman Schroeter to approve a & SITES - WATER Change Order for engineering fees in the amount PLANT CONSTRUCTION of $17,500 to KSA Engineering, Inc. as a result of an increase in the scope of contract for the construction of the proposed water plant from 5.0 MGD to 6.0 MGD and relocation of the proposed plant from the existing site. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve payment in the amount of $1,500.00 to KSA Engineering, Inc. for engineering services rendered in connection with the Water Treatment Plant Project No. ND -001. All Voted Aye. BIDS A motion was made by Councilman Paulus and. seconded by Mayor LeBlanc to award the bid to Wickersham Ford, Orange, TX, in the amount of $19,586.00 for two (2) 1993 1/2 -ton pickup trucks and in the amount of $9,092.00 for one (1) 1993 1/2 -ton pickup truck cab & chassis. All Voted Aye. Mr. Kent Walston, Assistant City Manager, opened and read bids received for two (2) 1993 police cars. Bidders were as follows: Energy Country Ford - $28,263.00; Kinsel Ford - $24,370.00; Philpott Motors - $22,554.30; J K Chevrolet - $22,756.00; and Buddy Chevrolet -• $23,176.00. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to refer bids received to the City Manager staff for tabulation and recommendation. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS & by Councilman Moss to authorize the City PROCLAMATIONS Manager to amend Ordinance No. 164 to reflect: changing all City Council meeting times from 3:00 p.m. and 6:30 p.m. to 6:00 p.m. Mayor LeBlanc, Councilman Moss, Councilman Schroeter and Councilman Doornbos Voted Aye. Councilman Paulus Voted Nay. it Minutes Continued, November 9, 1992 ORDINANCES, A motion was made by Councilman Schroeter and RESOLUTIONS & seconded by Mayor LeBlanc to approve Resolution PROCLAMATIONS 1992 -11 regarding the submission of a Texas (CONT.) Community Development Program Application to the Texas Department of Housing and Community Affairs. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment of the bills for the month of October, 1992 as submitted by the Treasurer. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:00 p.m. for the purpose of discussing a personnel - related issue as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Sec. 2(g) V.T.C.S. The Executive Session was adjourned at 8:15 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to take no action regarding the employment status of the City Attorney and to appoint Judge Borne as acting City Judge to act in the absence and /or during a conflict of interest of the City Judge. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to appoint Larry Dowden Interim City Prosecutor to be consummated after a written opinion from the City Attorney acknowledging that the Council has the authority to appoint an interim prosecuting attorney and that the City Attorney relinquishes all authority over the Court. The Council added that the prosecuting attorney will report directly to the City Council and City Manager. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, reported that he had a meeting with the AFSCME Local 385 Representative Raymond Scott. He stated that the meeting was not productive so he terminated the meeting with the Representative. He added that his door C 1 7 M,' 1 rl Q Minutes Continued, November 9, 1992 COMMUNICATIONS (CONT.) ADJOURN remained opened to City Employees for discussion. Councilman Paulus suggested that the City Manager be approached for personnel matters only after the employee has exhausted all channels adding that the City has provided a vehicle and /or tool to employees who feel their rights have been violated and that the employees should use this tool. Mr. Steve Hamilton, Public Works Director, informed the Council that he is preparing for the upcoming 1992 -1993 Street Program and is beginning to evaluate the streets throughout the City. He asked that the Council report, as quickly as possible, any streets in their wards that are in need of repair as he is ir.. the process of preparing a cost - estimate for the upcoming project. Councilman Schroeter reported a sink -hole @ the fire hydrant on Detroit Avenue near the: Tennis Courts. There being no further business, the meeting was adjourned by Mayor Carl. N. LeBlanc at. 8:37 p.m. 6)t"dA 6 Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: iu %,� Chris Serres, City Secretary City of Nederland, Texas 1 1 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM NOVEMBER 23, 1992 THROUGH APRIL 26, 1993. 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 meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: November 23 December 14 December 28 January 11 January 25 February 8 February 22 March 8 March 22 April 12 April 26 Any and all ordinances of the City of Nederland, Texas, which ' conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 9 day of November, 1992. ATTEST: &U� Chris Serres, City Secretary City of Nederland, Texas 1 LG% . CAW.--r-- Carl N. LeBlanc, Mayor City of Nederland, Texas 179 CITY OF NEDERLAND RESOLUTION 1992 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECU- TIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Nederland to apply for funding under the 1992 Texas Community Development Program; 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ' OF NEDERLAND, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filled on behalf of the City with the Texas Department of Housing and Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $180,000.00 of grant funds to carry out Water and Wastewater improvements. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Nederland is committing $36.100.00 from its Utility Revenues and General Fund and in -kind services as a cash contribution toward the construction activities of this Water and Wastewater project. READ, ADOPTED AND APPROVED this 9 day of '�70VCn L/rG1J , 1992, A.D., at a regular Meeting of the City Council of the City of Nederland, Texas. ATTEST: (".J1V,a ,`10 14-1 Chris Serres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 181 QUORUM See Attached INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Moss to approve the minutes of the November 9, 1992 meeting contingent upon the following changes being made: changing the meeting time in the heading and first paragraph to reflect 3:00 p.m. instead of 6:30 p.m.; striking the words "of interest" in the second to last sentence under "Quorum "; adding the words "All Voted Aye" under "Recess "; replacing the words "being no" with the word "were" and striking the words "the City Council granted the request for closure" in the last paragraph under "Civic Affairs "; adding the words "City Judge" to the motion pertaining to the employment status of the City Attorney and City Judge; and to reflect that the appoint- ment of Judge John Borne be included with the motion pertaining to the appointment of an interim city prosecutor under the section entitled "Executive Session ". All Voted Aye. LICENSES, PERMITS A motion was made by Mayor LeBlanc and seconded & FEES by Councilman Schroeter to accept applications received for "on- premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. Butler -Redd Post 493 dba American Legion 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 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. November 23, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Moss to approve the minutes of the November 9, 1992 meeting contingent upon the following changes being made: changing the meeting time in the heading and first paragraph to reflect 3:00 p.m. instead of 6:30 p.m.; striking the words "of interest" in the second to last sentence under "Quorum "; adding the words "All Voted Aye" under "Recess "; replacing the words "being no" with the word "were" and striking the words "the City Council granted the request for closure" in the last paragraph under "Civic Affairs "; adding the words "City Judge" to the motion pertaining to the employment status of the City Attorney and City Judge; and to reflect that the appoint- ment of Judge John Borne be included with the motion pertaining to the appointment of an interim city prosecutor under the section entitled "Executive Session ". All Voted Aye. LICENSES, PERMITS A motion was made by Mayor LeBlanc and seconded & FEES by Councilman Schroeter to accept applications received for "on- premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. Butler -Redd Post 493 dba American Legion 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 Minutes continued, November 23, 1992 LICENSES, PERMITS 7. Constantine Megas dba The Schooner & FEES (Cont.) 8. Fuk Fong Lo dba The Golden Lion 9. Dave Jones dba Novrozsky's 10. Sal Carfi dba Italian Restaurant and Flying Pizza. All Voted Aye. CONTRACTS, A motion was made by Councilman Schroeter and AGREEMENTS seconded by Mayor LeBlanc to approve a contract & LEASES between the City of Nederland and Mr. Harvey L. Warren, Tax Attorney, authorizing Mr. Warren to enforce the collection of all delinquent taxes, penalty and interest. All Voted Aye. ORDINANCES, A motion was made by Councilman Paulus and RESOLUTIONS & seconded by Councilman Schroeter to approve PROCLAMATIONS Resolution 1992 -12 authorizing the City to obtain a corporate credit card. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Resolution 1992 -13 placing all political appointees under the direction of the City ' Manager contingent upon adding City Prosecutor to the list of appointees and contingent upon revising the last statement to read "the above mentioned appointees ". All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bid received for two (2) 1993 police cars to: Philpott Ford for one (1) 1993 Crown Victoria in the amount of $10,527.15 and to JK Chevrolet for one (1) 1993 Caprice Classic in the amount of $12,078.00. All Voted Aye. Mr. Kent Walston, Assistant City Manager, opened and read bids received for six (6) new complete self- contained breathing apparatus units and twelve (12) extra air cylinders for the Fire Department. Bidders were as follows: Nancol Enterprises, Port Neches, TX - 6 SCBA units @ $1,095. each; 12 air cylinders @ $355. each; alternate for 6 SCBA units @ $1,150. each; and, Casco Industries, Pasadena, TX - 6 SCBA units @ $1,480. each; 12 air cylinders @ $410. each; alternate for 6 SCBA units @ $1,610. each. 1 33 Minutes continued, November 23, 1992 BIDS (Cont.) A motion was made by Mayor LeBlanc and seconded by Councilman Moss to refer bids to Chief Lovelady for tabulation with a recommendation to be made later in the meeting. All Voted Aye. LEGAL A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize the City Attorney to contract with the law firm of Provost - Umphrey to defend the City of Nederland in a lawsuit relative to the enforcement of a city ordinance pertaining to mobile homes, contingent upon receipt, by the City Manager, of the contract. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:35 p.m. for the purpose of discussing a personnel related issue as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Sec. 2(g) V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 8:52 p.m. and the regular session was called back to order. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, reported that an employee in the Police Department will be retiring and requested authorization to hire one police officer to fill the vacancy. A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize filling the vacancy in the Police Department with a patrol officer. All Voted Aye. Ceyril Paulus reported that he and the City Manager met with the Board of Directors of the Chamber of Commerce to discuss the future goals of the City of Nederland. He added that it was an informative meeting and that the Chamber of Commerce Directors were receptive to contributing, participating and coordinating in anyway possible to see that the City's goals are met. Councilman Paulus also reported that, regarding the letter received from the Corp of Engineers requesting use of the 166 acres, he discussed this request with the coordinator and was told that 184 Minutes continued, November 23, 1992 COMMUNICATIONS in the past this was an area that could only (Cont.) benefit the land owner. He also reported that only about 1/2 of the land could be used; the remainder would have to be filled in before anyone could use the land. Councilman Paulus added that it is very doubtful that anyone other_ than the Corp of Engineers would be permitted to use the land and recommended that the Corp of Engineers be allowed to proceed to use this property as a spoil area. ADJOURN There being no further business, Mayor LeBlanc adjourned the meeting at 9:15 p.m. 0"�� P � , 4& Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Ng-L' Chris Series, City Secretary City of Nederland, Texas ' 1 n 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman - Ward 1 ✓ Will E. Schroeter Councilman - Ward 2 W. Ceyril Paulus Councilman - Ward 3 ✓ Billy W. Doornbos Councilman - Ward 4 ✓ Chris Serres City Secretary D. E. Sosa City Manager Kent Walston Assistant City Manager ✓ Steve Hamilton Director of Public Works Billy Neal Police Chief Mike Lovelady Fire Chief ✓/ James Byers Building Official ✓ Brenda Warren Librarian W. E. Sanderson City Attorney Bobby Kelly Parks Director Mayor ,� 9V � /�--u L L e2 City Secretary / /-a Date 185. • • CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF JEFFERSON THIS CONTRACT is made and entered into by and between the CITY OF NEDERLAND, acting herein by and through its governing body, hereinafter called First Party; and HARVEY L. WARREN, III, of Beaumont, Texas, hereinafter called Second Party. I. First Party agrees to employ and does hereby employ Second party to enforce by suit or otherwise the collection of all delinquent taxes, penalty, and interest on behalf of the City of Nederland ' owing to the City of Nederland, provided current year taxes and corrected and supplemental taxes falling delinquent within the period of this contract shall become subject to the terms of this contract on the first day of July of the year in which the same shall become delinquent; except that suits resolved before the first day of July must include current year delinquent taxes, which are also subject to the terms of this contract. Second Party agrees to hold First Party harmless in any suit or suits that may result in any liability from the collection of any delinquent tax or taxes. Mid! Second Party is to call to the attention of the collector or other officials any errors, double assessments, or other discrepancies coming under his observation during the progress of the work, and Y R7 i is to intervene on behalf of First Party in all suits for taxes hereafter filed by any taxing unit on property located within its geographical limits. III. First Party agrees to furnish delinquent tax data to Second Party on all property within the taxing jurisdiction. Second Party will furnish forms for statements on any taxes that are delinquent after July 1 in the year they go delinquent and will assume responsibility for having penalty and interest computed on statements before such statements are mailed to property owner. (i.e., Any statements on current tax mailed after February 1 and before July 1 will be furnished by the First Party, and after the taxes continue to be delinquent after July 1, any statements mailed ' after that time will be furnished by the Second Party.) It is expressly understood by the Parties that any printing of a current tax roll, the cost of mailing or billing current statements, any five year mailing, or any mailing of tax statements before July 1 in which a tax goes delinquent, Article 33.07 notices or any other mailing that may be requested or required covering current or current delinquent taxes, shall be paid for by the First Party, and any billings or mailing or non - current delinquent taxes shall be paid for by the Second Party. IV. Second Party agrees to file suit on and reduce to judgment and foreclosure sale all delinquent ad valorem taxes, penalties and interest owing to First Party on any property, provided First Party 2 will furnish the necessary and available data and information as to the name, identity, and location of the necessary parties, and legal description of the property to be sold. Second Party agrees to sue for recovery of the costs as court costs as provided by Texas Property Tax Code Section 33.48. V. Second Party agrees to make progress reports to First Party on request, and to advise First Party of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes. me First Party agrees to pay to Second Party, as compensation for services required hereunder, 15% of the amount collected on all delinquent taxes, penalty and interest for the years covered by ' this contract; that is, taxes actually collected and paid to the collector of taxes during the term of this contract, as and when collected. The collector shall pay over said funds monthly by check. The Second Party shall, as part of a delinquent tax suit, recover all the expenses, fees and costs listed in Section 33.48 of the Texas Property Tax Code, as well as any other recoverable costs. Other taxes, including current taxes, which are turned over to Second Party by the First Party's Tax Assessor - Collector because of the necessity for filing claims in Bankruptcy or for any other reason become subject to the terms of this contract at the time they are turned over to Second Party and Second Party is entitled to 15% of any amounts actually received by First Party. 3 i• VII. This contract will commence on , and will continue for a period of two years. This contract shall automatically renew annually unless terminated in writing by either party no more than 60 days but no less than 30 days prior to the anniversary date hereof. On termination of this contract, Second Party shall have an additional twelve months after termination to reduce to judgment all suits filed prior to the date of termination, and provided further that Second Party shall handle to conclusion all suits in which trial court judgments are obtained during the period of this contract and which are appealed by any party, and shall be entitled to 15% compensation on any taxes, penalty and interest collected during said twelve months on said ' accounts. The additional penalty under Section 33.07 of the Texas Property Tax Code will not be included as part of the penalties in the previous sentence. In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and undertakes the performance of this contract as above written. VIII. First Party agrees that Second Party may continue during the term of this contract to represent clients with interests adverse to First Party's in matters unrelated to collection of delinquent taxes. Both parties hereto recognize and agree that said representation of interests adverse to First Party does not and will not constitute a violation by Second Party of the Code of 2 Igo a Professional Conduct or any other law regulating the conduct of attorneys at law. Second Party agrees that it will advise First Party at least 10 day prior to accepting employment in a matter adverse to First Party, and Second Party will, for a period of 10 days after such notice, await the advice of First Party. IX. This contract is executed on behalf of First Party by the presiding officer of its governing body, who is authorized to execute this instrument by orders heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in triplicate original this, the oC day of '? )OUPM&&A 1992, in Jefferson County, Texas. 1 CITY OF NEDERLAND BY: Cz z H gRV�EYJ.WARREN, III 1 5 CITY OF NEDERLAND RESOLUTION 1992 -12 WHEREAS, the City Council of the City of Nederland is of the opinion that the City should obtain an American Express Corporate Card for the purpose of reserving rooms for conferences and charging expenses for other City - related business, and WHEREAS, this would be more convenient than reimbursement and using private or personal credit cards, and WHEREAS, this would also allow for consolidation and better management of travel expenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager be authorized to obtain an American Express Corporate Card for use in City - related business. READ, ADOPTED AND APPROVED at a regular meeting of the City Council of the City of Nederland held on the 23 day of November 1992 by the following vote: AYES: Mayor Carl N. LeBlanc and ' Councilmembers Melvin Moss, Will Schroeter, Ceyril Paulus and Billy lloornbos. NOES: None Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: o � A""tV'7_ W. E. Sanderson, City Attorney City of Nederland, Texas 191 192 CITY OF NEDERLAND RESOLUTION 1992 -13 WHEREAS, the City Council has the power to appoint the City Attorney, City Judge, City Prosecutor, Chief of Police, Fire Marshall, City Secretary and City Treasurer for a definite term not to exceed one (1) year; and, WHEREAS, the Mayor, with the approval of the City Council, hires the City Manager who is chief administrative and executive officer of the City and is responsible to the Mayor for the efficient administration of all the affairs of the City; and, WIiEREAS, Article V, Section 5.03(e) of the Home Rule Charter of the City of Nederland states that the City Manager shall "perform such other duties as may be prescribed by this Charter or required of him by the Council not inconsistent with this Charter or provisions of state law "; and, WHEREAS, the Mayor and City Council desire to delegate to the City Manager the authority over Council appointees for the administration, management, staffing and fiscal matters within their departments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ' OF NEDERLAND, TEXAS that the City Manager shall have direct authority over all above mentioned Council appointees for the efficient day -to -day operation of their respective departments subject to the approval of the City Council. PASSED AND APPROVED by the City Council of the City of Nederland at its regular meeting this �,z day of No ✓�MFSEC , A.D., 1992. �J Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas ZOT,AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas u REGULAR MEETING OF THE CITY COUNCIL OF THE 6:00 P.M. TIME & PLACE QUORUM INVOCATION CITY OF NEDERLAND December 14, 1992 The meeting was called to order by Mayor Carl N. LeBlanc at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached. The invocation was given by Mayor LeBlanc. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the November 23, 1992 meeting as written. All Voted Aye. COMMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to table receiving comments from Mr. Gene Haughton regarding a request to utilize city property located along the Neches River. All Voted Aye. CONTRACTS, A motion was made by Mayor LeBlanc and seconded by AGREEMENTS & Councilman Paulus to authorize the City of Nederland LEASES to enter into a contract with the Houston Area Library System for computerized library services. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the advertisement for proposals for the lease /purchase of a new tele- phone system. All Voted Aye. RESOLUTIONS A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve Resolution 1992 -14 authorizing an agreement between the City of Nederland and the State of Texas for maintenance, supervision and regulation of certain state highways and /or portions of state highways located in the City of Nederland. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Councilman Moss to accept the Planning and Zoning Commission's recommendation to approve the 193 194 Minutes continued, December 14, 1992 SUBDIVISIONS final plat of Spurlock Chase Subdivision, Phase II (CONT.) (outside city limits but within Nederland's extra- territorial jurisdiction). All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize payment of the bills for the month of November as submitted by the Treasurer. All Voted Aye. EXECUTIVE An Executive Session was called to order by Mayor SESSION Carl N. LeBlanc at 6:32 p.m. for the purpose of discussing a personnel related issue as authorized by TEX. REV. CIV. STAT. Ann. Art. 6252 -17, Sec. 2(g) V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 6:50 p.m. and the regular session was called back to order. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNICATIONS Kent Walston, Assistant City Manager, introduced Mr. Lowell Boudreaux and Mr. Scott Jones, students ' from Lamar University who, as part of their intern- ship, compiled a feasibility study regarding the annexation of Crestview, Ridgecrest, Williamson Additions and Armstrong Estates. After a full discussion of the feasibility study the Council directed the Public Works Director to design a map detailing Nederland's extraterritorial limits, what lines the City has outside city limits, which areas are serviced by Water District No. 10 and which areas are serviced by Beauxart Gardens. Kent Walston, Assistant City Manager, presented to the Council a "Solid Waste Assessment" outlining the City of Nederland's rates to dispose of solid waste. Mr. Walston reported that, due to an increase in tipping fees and in accurate budget figures in the 1992 -1993 budget, an increase in rates is necessary to meet expected expenditures. He then suggested that the Council consider a $2.00 increase in solid waste rates. After a full discussion of the study presented by the Assistant City Manager the City Council directed the City Manager to call a Public Hearing to be held January 28, 1992 to inform the citizens of the rate increase request. 195 Minutes continued, December 14, 1992 COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that (CONT.) the Public Works Department will be doing general maintenance regarding the clean -up and repair of the streets during the month of December. Councilman Schroeter inquired about the sewer problems at South 12th Street and Detroit. Chief Lovelady gave an overview of the gasoline leak at the Chevron Station on Nederland Avenue. He reported that Chevron has placed monitoring wells around the property as well as doing remediation work. Chief Lovelady added that the sewer lines were free of gasoline and everything was going well as far as the clean -up is concerned. The City Manager responded that Jimmy Miller has made a work order concerning the problem and repairs will be made as soon as possible. Councilman Paulus reported that on Avenue H @ Doornbos Park the sidewalk is in need of repair. Councilman Paulus inquired about the reason for changing suppliers for fuel, adding that he received a letter from Ash Petroleum addressing the change. He then suggested that the staff look into the possibility of using more than one supplier. Both the City Manager and the Assistant City Manager responded that, while the City can purchase most fuel cheaper from another supplier, the City will still be utilizing the services of Ash Petroleum for diesel. Councilman Doornbos inquired about the drainage ' since the rains have been quite extensive and also inquired as to the status of the sewer line across from the airport that serves the National Guardian. The City Manager responded that he received only two complaints regarding stopped -up sewers during the last rain and, regarding the sewer line, he responded that the plans for the pump have been sent to the Water Commission for approval. Councilman Doornbos then inquired about the infiltration project. The City Manager responded that the project has been suspended until January due to the weather and manpower shortage, but there has been a considerable amount of headway being made judging by the lack of complaints received after heavy rains. Chief Lovelady gave an overview of the gasoline leak at the Chevron Station on Nederland Avenue. He reported that Chevron has placed monitoring wells around the property as well as doing remediation work. Chief Lovelady added that the sewer lines were free of gasoline and everything was going well as far as the clean -up is concerned. 196 Minutes continued, December 14, 1992 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:55 p.m. a4k �• z I Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: &/ Wd- Chris Serres, City Secretary City of Nederland, Texas 1 i� 1 9 "7 CITY OF NEDERLAND - RESOLUTION 1992 -14 :A RESOLUTION APPROVING THE AGREEMENT DATED 12 - 14 -92, BETWEEN THE STATE OF TEXAS AND THE CITY s - OF.NEDERLAND,FOR THE MAINTENANCE,. CONTROL, "SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF NEDERLAND; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1. That the certain agreement dated 12 -14 -92 between the ,State of Texas and the City of Nederland for the maintenance, control;.. supervision and regulation of certain State Highways and /or portions of State Highways in the City of Nederland be, and the same is, hereby approved; and that Carl N. LeBlanc, Mayor, is hereby authorized to execute said agreement on behalf of the City of Nederland and to transmit the same to the State of Texas for appropriate action. PASSED AND APPROVED by the City' Council of the City of Nederland' at its regular meeting this 14 day of December,. A.D. , 1992. .. Carl N. LeBlanc, Mayor - City of Nederland, Texas ATTEST: Chris Se res, City Secretary City of Nederland, Texas APPROVE AS FORM AND LEGALITY: - W..E. Sanderson, City Attorney City of Nederland, Texas THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND I, CHRIS SERRES, REGISTRAR OF THE CITY OF NEDERLAND, TEXAS, do hereby certify that the above and foregoing is a true and correct copy of the Original Hereof, as same was filed and appears on record in my office. Witness my official seal and signature of office in Nederland, Texas, this the day of %QGQ�y:,(`{i,i 192. Chris Serres, Registrar City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING' ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman - Ward 1 Will E. Schroeter Councilman - Ward 2 W. Ceyril Paulus Councilman - Ward 3 Billy W. Doornbos Councilman - Ward 4 Chris Serres City Secretary ✓ D. E. Sosa City Manager Kent Walston Assistant City Manager Steve Hamilton Director of Public Works ✓ Billy Neal Police Chief / Mike Lovelady Fire Chief James Byers Building Official ✓ Brenda Warren Librarian W, E. Sanderson City Attorney Bobby Kelly Parks Director ✓ Mayor &Z�2 V/ City$e 4) -/ `f'— 9� 1 1 199, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. December 28, 1992 TIME & PLACE The meeting was called to order by Mayor Carl N. LeBlanc at 6:00 p.m. at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the December 14, 1992 meeting as written. All Voted Aye. PRESENTATIONS Mayor Carl N. LeBlanc presented Mr. Kenneth Spell with watch commemorating Mr. Spell's 25 years service with the City of Nederland. COMMENTS /REQUESTS The Council received comments from Mr. Jim ' Underwood, 2505 Avenue E, regarding drainage. Mr. Underwood presented pictures to the Council depicting the problem @ the intersection of 25th Street and Avenue E. After a full discussion, the Council referred this matter to the City Manager and staff. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to deny the re- quest by K.E.I. Consultants Inc. to discharge treated water into the City's sanitary sewer system from remedial activities at 107 Twin City Hwy. All Voted Aye. PUBLIC HEARING The City Manager gave an overview of the components which comprise the total garbage bill, explaining that the bill consist of two components: 1) operation and 2) disposal fee. He then informed the Council that an increase of $2.00 is needed in the disposal rate portion of the bill due to an increase in the tipping fees which are assessed by the City of Beaumont. 2 Q ll Minutes Continued, December 28, 1992 PUBLIC HEARING Mayor LeBlanc then called a PubliHearing to (CONT.) order at 6:32 p.m. for the purpose of discussing the proposed rate increase. Citizens present for the Public Hearing were: 1) Hayden Jones, 924 Avenue E; 2) Bobbi Van Auken, 219 31st Street; and 3) Ambrose Richard, 908 Avenue H. The citizens comments ranged from recycling, the condition of the Beaumont Landfill, to the opposition of an increase in fees. I 1 1 After a full discussion, Mayor LeBlanc adjourned the Public Hearing at 7:07 p.m. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize an increase in the garbage rates. All Voted Aye. LICENSE, PERMITS A motion was made by Mayor LeBlanc and seconded & FEES by Councilman Moss to approve 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. Dave Jones dba Novrozsky's. 10. Sal Carfi dba Italian Restaurant and Flying Pizza. All Voted Aye. FINANCE - A motion was made by Councilman Paulus and COMPUTER seconded by Mayor LeBlanc to authorize the purchase of software for the Finance Department (general ledger - $1,595; accounts payable - $1,295; and payroll - $1,295) and to authorize the Assistant City Manager to negotiate with the vendor for training, support, hardware and revisions. All Voted Aye. I 1 1 Minutes Continued, December 28, 1992 COMMUNICATIONS D. E. Sosa, City Manager, reminded the Council that Councilman Paulus asked for a comparison in prices from the different supplies of chemicals for the Water and Sewer Treatment Plants. The City Manager stated that, in comparing, the City will realize a savings of about $25,000 annually by using Western Water. The City Manager also presented to the Council a copy of the proposed 1993 Street Program. He stated that the 1993 Street Program will cost approximately $126,000. Councilman Schroeter requested that a study be made comparing the amount of trash disposed of by citizens during the Christmas Holidays when the containers were placed behind City Hall verses at the Service Center. ADJOURN There being no further business, the meeting adjourned by Mayor Carl N. LeBlanc at 7:58 p.m. (!""p �(. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: — & L'4z� Chris Serre , City Secretary City of Nederland, Texas I 201 242 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name _ Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman - Ward 1 Will E. Schroeter Councilman - Ward 2 ✓ W. Ceyril Paulus Councilman - Ward 3 Billy W. Doornbos Councilman - Ward 4 j Chris Serres City Secretary D. E. Sosa City Manager / Kent Walston Assistant City Manager Steve Hamilton Director of Public Works ✓ Billy Neal Police Chief Mike Lovelady Fire Chief James Byers Building Official / Brenda Warren Librarian W. E. Sanderson City Attorney ✓/ Bobby Kelly Parks Director ✓ Mayor N,l!r/') Lim Q/Y City Secretary 1, Date 1 _l