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19931 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. January 11, 1993 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 Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the December 28, 1992 meeting as written. All Voted Aye. CONTRACTS, AGREE- A motion was made by Councilman Paulus and MENTS & LEASES seconded by Mayor LeBlanc to discuss the approval of a contract between King Bethune, Inc. and the City of Nederland for water and sewer services to Parkway Village. All Voted No on approval of the contract. ORDINANCES, RESOL- A motion was made by Mayor LeBlanc and seconded UTIONS & PROCLAMA- by Councilman Moss to amend Ordinance No. 155 TIONS to reflect the rate increase in garbage fees as authorized December 28, 1992. All Voted Aye. CONFERENCES A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to authorize the Library Director to attend the Texas Library Association Conference in San Antonio, March 9 -12, 1993; to authorize the Mayor, Council, City Manager, Assistant City Manager, Police and Fire Chiefs, and the Emergency Management Coordinator to attend the Emergency Management Conference in Austin, February 23- 25, 1993; to authorize the Fire Chief to attend the Arson Conference in Austin, March 7 -12, 1993; and to authorize the City Secretary to attend the Election Law Seminar January 27 -29, 1993 in Austin. All Voted Aye. �. Minutes Continued, January 11, 1993 BIDS A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize the Library Director to request proposals for retrospective work in conjunction with HALAN. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize payment of the bills for the month of December, 1992. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:33 p.m. for the purpose of discussing personnel related issues as authorized by TEX. CIV. STAT. Ann. Art. 6252 -17, Sec. 2(g) V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 7:00 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 Councilman Paulus inquired about when the ' repairs will be made to the section of street at Avenue H @ 27th Street. The Public Works Director responded that the City is going to replace this section of street as soon as possible. Councilman Moss inquired about the installation of a traffic signal @ Hwy. 365 and 21st Street. The City Manager responded that the City of Nederland is prepared to negotiate with Port Arthur and that he will contact the City of Port Arthur concerning this matter. Councilman Schroeter reported that Mr. Glenn Broussard, 2316 Elgin, is experiencing infiltration problems. The City Manager responded that he has contacted Mrs. Broussard and is presently trying to work out a solution with the Broussard's as well as with all of the neighbors. F 1 1 Minutes Continued, January 11, 1993 I COMMUNICATIONS Mayor LeBlanc reported that the street is (CONT.) sinking @ 27th Street and Gary Avenue. Mayor LeBlanc reported that the trash was missed at 1516 Franklin Avenue. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:20 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: � �' 4W-L� Chris Serres, City Secretary 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 V/ Billy Neal Police Chief Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian W. E. Sanderson City Attorney Bobby Kelly Parks Director (:: �, -e " � � 6. ( � Mayor �j� � V w oL City Secretary /- // - --%S Date 1 1 5 I 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: *SEWER RATES 6 * *SEWER *WATER RATES Residential (per month) 2,000 minimum $ 7.70 Inside Outside Residential and Commercial: City City 2,000 minimum First 2,000 Gallons (minimum) $ 6.00 $ 10.00 (per M) All over 2,000 Gallons (per M)* 1.75 3.50 (per M) 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 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 + 208 * *Upon request, the City will install a 3/41' meter to adjust sewer usage for water used other than normal. *SEWER CONNECTION FEES Residences - 4" Sewer Tap $100.00 $150.00 6" Sewer Tap 150.00 225.00 8" Sewer Tap 200.00 300.00 M 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 Ball 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 $26.80 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 Inside City $ 12.30 $ .80 $ 13.10 Outside City 15.80 1.06 16.86 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 $ 21.20 $ 1.49 $ 22.69 2 40.40 2.98 43.38 3 59.60 4.46 64.06 4 78.80 5.95 84.75 5 98.00 7.44 105.44 6 117.20 8.93 126.13 7 136.40 10.42 146.82 8 155.60 11.90 167.50 9 174.80 13.39 188.19 10 194.00 14.88 208.88 $ 30.80 $ 2.23 $ 33.03 59.60 4.46 64.06 88.40 6.70 95.10 117.20 8.93 126.13 146.00 11.16 157.16 174.80 13.39 188.19 203.60 15.62 219.22 232.40 17.86 250.26 261.20 20.09 281.29 290.00 22.32 312.32 $ 50.00 $ 3.72 $ 53.72 98.00 7.44 105.40 146.00 11.16 157.16 194.00 14.88 208.88 242.00 18.60 260.60 290.00 22.32 312.32 338.00 26.04 364.04 386.00 29.76 415.76 434.00 33.48 467.48 482.00 37.20 519.20 1 1 1 TRASH REMOVAL RATES Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of a residence when it becomes necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees and brush from empty (undeveloped) property must be hauled off by the owner or developer at their expense. The City will serve garbage paying customers only 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 2 -1 -93 PASSED AND APPROV the City Council of the City of Nederland, Texas this day of 1993. 61 V Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Se- es, City Secretary City of ,N erla/r/{/,Jd, Texas APPROV AS TO /FORM AND LEGALITY: V - w. E. Sa derson, City Attorney City of Nederland, Texas 1 350 GALLON CONTAINERS Rate + 7.75% Sales Tax No. of 2 Pickups per Week 3 Pickups per Week 5 Pickups per Week Containers Rate / Tax / Total Rate / Tax / Total Rate / Tax / Total 1 $ 30.80 $ 2.23 $ 33.03 $ 45.20 $ 3.35 $ 48.55 $ 74.00 $ 5.58 $ 79.58 2 59.60 4.46 64.06 88.40 6.70 95.10 146.00 11.16 157.16 3 88.40 6.70 95.10 131.60 10.04 141.64 218.00 16.74 234.74 4 117.20 8.93 126.13 174.80 13.39 188.19 290.00 22.32 312.32 5 146.00 11.16 157.16 218.00 16.74 234.74 362.00 27.90 389.90 6 174.80 13.39 188.19 261.20 20.09 281.29 434.11 33.48 467.40 7 203.60 15.62 219.22 304.40 23.44 327.84 506.00 39.06 545.06 8 232.40 17.86 250.26 347.60 26.78 374.38 578.00 44.64 622.64 9 261.20 20.09 281.29 390.80 30.13 420.93 650.00 50.22 700.22 10 290.00 22.32 312.32 434.00 33.48 467.48 722.00 55.80 777.80 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 (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 2 -1 -93 PASSED AND APPROV the City Council of the City of Nederland, Texas this day of 1993. 61 V Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Se- es, City Secretary City of ,N erla/r/{/,Jd, Texas APPROV AS TO /FORM AND LEGALITY: V - w. E. Sa derson, City Attorney City of Nederland, Texas 1 8 +F REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. January 25, 1993 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 Paulus. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the January 11, 1993 meeting as written. All Voted Aye. PRESENTATIONS Mayor LeBlanc present Mr. Allen Apshire with a watch commending Mr. Apshire's twenty -six (26) years service with the City of Nederland. ' D. E. Sosa, City Manager, presented a plaque with a letter of commendation from Chevron Refinery to Mike Lovelady, Fire Chief, for services rendered in connection with the gasoline spill at 17th Street and Nederland Avenue. GRANTS On behalf of the Mid County Municipal League, Mr. Gary Graham, Jr., Vice President of Schaumburg & Polk, Inc., reported on the status of a regional sewer plant application submitted to the Texas Water Development Board. FINANCE - AUDIT A motion was made by Councilman Schroeter and seconded by Councilman Paulus to table receiving /discussing the 1992 audit until the next regularly scheduled Council meeting. All Voted Aye. 1 Minutes Continued, January 25, 1993 EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:28 p.m. for the purpose of discussing personnel related issues as authorized by TEX. CIV. STAT. Ann. Art. 6252 -17, Sec. 2(g) V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 7:00 p.m. 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. COMMUNICATIONS Mr. Mike Judice, Area Manager for Gulf States Utilities, introduced Mr. Barry Murchison who will be replacing Mr. Judice as Area Manager. Mr. Moe Cully introduced Jason Omodei, an exchange student from Australia, who is visiting our area through the Lions Club Youth Organization. D. E. Sosa, City Manager, informed the City Council that he has contacted several citizens ' experiencing chronic sewer problems with, what he feels, a viable solution to the problem and will be meeting with these citizens in the near future. Mr. Sosa also reported that, due to receiving several complaints, he has asked the Tax Attorney to review the status of all vacant properties in Clayton Addition and reported that Texaco Refinery will be donating thirty (30) live oak trees to Doornbos Park. Councilman Doornbos reported that Mr. Broussard had contacted him regarding chronic sewer problems during heavy rains. The City Manager responded that Mr. Broussard has been contacted and was notifying area residents who may have a problem with sewer that a meeting will be held with the City Manager to discuss the problem. Councilman Doornbos also requested to have a progress report on matching State funds for Doornbos Park. I 1 O Minutes Continued, January 25, 1992 COMMUNICATIONS Councilman Paulus reported that the Council (CONT.) should be receiving notification from Texaco that they have contracted to have a physical survey which will encompass 138 acres of City property along the riverfront. Councilman Paulus further stated that he believes Texaco is studying their development in that area. Councilman Doornbos inquired about the Corp of Engineers regarding saltwater barriers. The City Manager responded that he spoke with Mr. Hebert and the Public Hearing was conducted by the Corp and no decision had been reached. Mr. Hebert did say that the emotional posture of the hearing led him to believe that the outcome might not be favorable to the L.N.V.A. Councilman Moss reported that the street needs to be repaired @ Boston Avenue and 4th Street. Mayor LeBlanc reported that, in the 1100 Block of Chicago @ the alley, the street needs to be repaired. A brief informational report was received from I Tom Hicklin, Safety Officer, outlining the 1992 Safety Program. ADJOURNED There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:20 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 L� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman — Ward 1 V/ 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 w ✓ Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian W. E. Sanderson City Attorney Bobby Kelly Parks Director Mayo City Secretary' /- 2 y� D ate 1I 12 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. February 8, 1993 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 Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the minutes of the January 25, 1993 Council meeting as written. All Voted Aye. ORDINANCES, D. E. Sosa, City Manager, read a proclamation RESOLUTIONS & designating February 15 -21, 1993 as "National PROCLAMATIONS Engineers Week ". A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the proclamation as presented. All Voted Aye. Gary Graham, Jr., Vice President of Schaumburg & Polk, Inc., reported on the status of a regional sewer plant application submitted to the Texas Water Development Board. Mr. Graham informed the Council that a request for standard revisions and a temporary variance was being drafted. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve Resolution 1993 -1 and to approve an Interlocal Agreement for cooperation and joint sponsorship of a regional wastewater plan for the Mid County Municipal League Cities. All Voted Aye. 1 Minutes Continued, February 8, 1993 FINANCE - AUDIT Audrey Wheeler, Auditor, presented the 1992 audit to the Council. After an informational report, a motion was made by Councilman Paulus and seconded by Councilman Moss to approve the 1992 audit. All Voted Aye. ZONING BOARD OF A motion was made by Councilman Doornbos and APPEALS seconded by Councilman Moss to accept the resignation of Joan Edwards from the Zoning Board of Appeals. Ms. Edwards submitted her resignation as a result of relocating outside city limits. BIDS Kent Walston, Assistant City Manager, opened and read bids received for the lease /purchase of a new telephone system. The bids are as follows: Southwestern Bell, Beaumont, Texas - $27,290.67; and The Phone Connection, Beaumont, Texas - $20,490.00. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to table awarding bids until the end of the meeting to give the staff the opportunity to tabulate and make a recommendation. All Voted Aye. ' PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the payment of the bills for the month of February. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:12 p.m. for the purpose of discussing personnel related issues as authorized by TEX. CIV. STAT. Ann. Art. 6252 -17, Sec. 2(g), V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 7:25 p.m. 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. 11 13 J 1 4 Minutes Continued, February 8, 1993 PERSONNEL A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to table taking action regarding an appeal on the dismissal of a City employee as per Ordinance #147. All Voted Aye. BIDS (CONT.) A motion was made by Councilman Doornbos and seconded by Councilman Paulus to remove from the table the item regarding bids for a new telephone system. All Voted Aye. Kent Walston, Assistant City Manager, recommended awarding the bid for a new telephone system to The Phone Connection in the amount of $20,490.00. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the bid from The Phone Connection in the amount of $20,490.00. All Voted Aye. COMMUNICATIONS Councilman Paulus inquired as to whether or not the City Manager had received any information regarding the survey of City property. ' The City Manager responded that he did receive the information and that everything was in order. Councilman Paulus reported King Fisher has completed the retaining wall around the spoil area and that the road was left in good repair. Councilman Paulus reported that Postal Service personnel were parking their vehicles in a manner which is impeding traffic in various areas around town. The City Manager responded that he has scheduled a meeting with the Postmaster regarding this matter. 1 Minutes Continued, February 8, 1993 15 J COMMUNICATIONS Mayor LeBlanc asked for questions and /or (CONT.) comments from the audience. Mr. Raymond Scott, Representative from AFSCME, announced that he was acting in behalf of City Employees and submitted a listed of several grievances. The Mayor thanked Mr. Scott for bringing these issues to the Council's attention. ADJOURNED There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 7:50 p.m. LQ� G -�e6-a, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 16 CITY.OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent 'V 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 C✓ City Secretary Date 1 1 1 1 CITY OF NEDERLAND A PROCLAMATION WHEREAS, the National Society of Professional Engineers has designated the week of February 15 through February 21, 1993 as "National Engineers Week "; and, WHEREAS, the Texas Society of Professional Engineers is a statewide chapter of the National Society of Professional Engineers; and, WHEREAS, this year's theme is "Turning Ideas Into Reality "; and, WHEREAS, locally, the Sabine Chapter of the Texas Society of Professional Engineers will award an engineering scholarship to a local high school senior to attend Lamar University, present the Engineer of the Year and Young Engineer of the Year awards, and recognize the regional winners of MATHCOUNTS mathematics competition for junior high school -aged children at the Engineers Week Banquet. NOW, THEREFORE, I, Carl N. LeBlanc, Mayor of the City of Nederland do hereby proclaim the week of February 15 through February 21, 1993 as "NATIONAL ENGINEERS WEEK" in Nederland, Texas. In testimony whereof, witness my hand and Seal of the City of Nederland this the 4th day of February, 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 0JA)_1a_ LA t4/ Chris Serres, City Secretary City of Nederland, Texas 171 S�Zv J f comae 1 y � �} id �W:� �. CITY OF NEDERLAND RESOLUTION 1993 -1 WHEREAS, the City of Nederland, Texas desires to participate in a regional wastewater study funded in part by a grant from th State of Texas; and WHEREAS, certain assurances are needed from the City as a part of the grant application; now, therefore, I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND SECTION 1: That the proposed regional planning study does not duplicate existing projects; and implementation of viable solutions identified through the planning will be diligently pursued and local sources of funding required for implementation will be provided. I SECTION 2: That the wastewater planning proposal conforms to the approved state water quality management plan; and writtein ' evidence satisfactory to the Texas Water Development Board'sl Executive Administrator that local matching funds are available its included in the grant application. SECTION 3: That a Water Conservation Plan will be develope as a part of the overall planning project. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Nederland held February 8, 1993. ATTEST: Chris Sevres, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 AGREEMENT FOR COOPERATION AND JOINT SPONSORSHIP REGIONAL WASTEWATER PLAN FOR THE MID- COUNTY AREA OF JEFFERSON COUNTY, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON 191 WHEREAS, die City of Nederland, the City of Port Neches, and the City of Groves, collectively referred to as Parties, wish to cooperate in and provide funding for a joint study ( "Study ") to prepare a plan for regional wastewater collection and treatment for the Mid - County area of Jefferson County, Texas; and WHEREAS, the City of Nederland has applied to the Texas Water Development Boar 'DB"), for planning grant funds on behalf of die Parties and has agreed to serve as the contracting and coordinating Iagency for die Parties and to provide in -kind services; and [1 WHEREAS, the estimated cost of die Study is $200,000.00; and WHEREAS, die City of Nederland has applied to the Texas Water Development Board ( "TWDB ") for a planning grant of $100,000.00 to fund die Study; and WHEREAS, the Parties have agreed to contribute funds to provide for the local share of funding for Vic Study, said grants to be in the amounts listed below; Schaumburg & Polk, Inc. 1 of LNGINCGRS /A RCHlTECTS a� City of Nederland $ City of Port Neches $ City of Groves $ I I. I 1. The Parties will mutually agree upon the selection of qualified consultants ( "Consultants ") to conduct, prepare and present the Study. 2. The Parties agree with the scope of work which is attached hereto as Exhibit "A ". The Parties will mutually agree upon any changes to the scope of work. Each Party will participate in all progress meetings with the Consultants. II. The Parties hereto agree that the City of Nederland will serve as the contracting and coordinating agency for the Study. The City of Nederland is authorized to accept, hold and disburse funds for the (Study. M. 1. The funding for the Study is as follows: The Parties will provide funds and in -kind services as agreed and nVDB will provide $100,600.00. Payments from the Parties will be made to the City of Nederland in accordance with a schedule to be ageed to by the three cities. Payments to die City of Nederland by the Parties will be made in a timely manner so that funds will be available at least seven days prior to the date of proposed disbursement by the City of Nederland. The Parties are committed to die full payment of their obligations and provision of services as agreed; 2. The Study is contingent upon receipt of die TWDB grant., 1 Schaumburg & Polk, Inc. 2 of CNGINGCRSIARCHITHCTS 1 IV. The Parties hereto agree that die Consultant(s) selected, his employees and subcontractors, will be independent contractors and not employees of any of die Parties hereto. A contract with the ConSUltant(S) for die Study will be subject to approval by TWDB and the Parties. V. The Study report and any data or product of such data will be the joint property of all the Parties hereto and any Party may utilize such report and data and product of such data in any manner deemed necessary at die Party's sole discretion. Until die report is complete, die Parties must unanimously agree before any information or data that is developed in the course of die Study is released to the public. j IV. This agreement may be amended with die mutual agreement of the Parties. This agreement shall be ' effective until the completion of Study and its final acceptance by TWDB. Each person executing this I agreement on behalf of a Party represents that he or she is a duly authorized officer of such Party. 1 Schaumburg & Polk, Inc. 3 of ENGINEERS /A R C H I IT E C T S 21 22 WHEREFORE, witness our signatures binding the respective Parties this the _ day of February, 1993. ATTEST CITY OF NfEDD,E//RRLAND Carl LeBlanc, Mayor ATTEST CITY OF PORT NECHES Gary C. Graham, Mayor ATTEST CITY OF GROVES r Schaumburg & Poly, ylvestor Moore, Mayor 4 of 4 LNG INGGRS / ARC HITECTS r Schaumburg & Poly, Inc. 4 of 4 LNG INGGRS / ARC HITECTS REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. February 22, 1993 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 Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the February 8, 1993 meeting as written. All Voted Aye. ' ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS, & by Councilman Moss to approve an amendment to PROCLAMATIONS Ordinance No. 78 pertaining to environmental issues. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize an amendment to Ordinance No. 333 pertaining to the Fire Code contingent upon the implementation of a permit system for the installation of burglar bars. All Voted Aye. BIDS Steve Hamilton opened bids received for pre - coated aggregate. Bidders were as follows: Vulcan Materials, San Antonio, TX in the amount of 1,000 tons @ $27.07 per ton. Mr. Hamilton recommended the bid be awarded to Vulcan Materials. 23) 2 4 Minutes Continued, February 22, 1993 BIDS (CONT.) A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to award the bid for pre- coated aggregate to Vulcan Materials contingent upon bid specifications being met. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize advertisement for bids for a zero turning radius mowing machine. All Voted Aye. COMMUNICATIONS Councilman Doornbos asked about the curfew ordinance. They informed the City Manager to respond in the Friday letter. Councilman Doornbos also inquired on the status of the proposed traffic signal at Hwy. 365 and South 21 Street regarding the legality of spending city funds on private property. The City Manager responded that the City was spending money only on the City of Nederland's right -of -way. The City Attorney also responded that whenever there is a benefit to the citizens, the City ' could spend city funds on private property. Councilman Moss reported street repairs are needed in the 800 block of Boston Avenue. Councilman Paulus inquired about the letter that was sent to the City Attorney regarding the feasibility of annexing property outside Nederland's city limits that is already being serviced with city water. The City Manager responded that the City Attorney just received the letter regarding this matter and has not had sufficient time to respond. Councilman Paulus also inquired about the caustic acid leak at the Water Plant. Mr. D. E. Sosa, City Manager, responded that the leak was due to a feed line break on the site tube. 1 Minutes Continued, February 22, 1993 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 6:40 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 1 - Chris Serr6s, City Secretary City of Nederland, Texas 1 1 25 26 ,! CITY OF'NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent V 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 Police Chief Billy Neal V Mike Lovelady Fire Chief James Byers Building Official ✓ ✓ Brenda Warren Librarian I/ W. E. Sanderson City Attorney ✓ Bobby Kelly Parks Director Mayor �/� City Secreta y ,:;)-'-�)Q-9 3 Date 27 Ordinance 78 An Ordinance carrying into effect the provisions of Article 4436 of Chapter 1, Title 71, of the revised statutes of the State of Texas, regulating the sanitary conditions of blocks and lots of land and improved premises, public and private, within the municipal jurisdiction of the City of Nederland; Providing for special lien in favor of the City of Nederland on said property in event of non - payment of all costs and expenses incurred and paid by said city in connection therewith; and providing penalties for its violation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS Section 1 It shall be unlawful and a public nuisance for the owner or occupant of any premises within the municipal jurisdiction of the City of Nederland, or the agent of any non - resident or absent owner or occupant to cause, suffer, or permit the accumulation or collection of any stagnant or flowing water in which mosquitoes breed or which may become a breeding place for mosquitoes, or any other accumulation of stagnant water. Section 2 ' The collection of waters to which the provisions apply shall include but not be limited to, that found in ditches, ponds, fountains, basements, tanks, shallow wells, barrels, tubs, and all similar containers and places where waters collect and remain stagnant. Section 3 The collection of waters shall be dealt with by filling the depressions, and /or draining the receptacles holding the waters in a manner as directed by any duly authorized representative of the City of Nederland. Section 4 The deposit and /or accumulation of trash, rubbish, waste, refuse or any objectionable, unsightly or offensive matter upon any lot or block of land, or part thereof,or in and around any building or other structure, or any premises within the municipal jurisdiction of the City of Nederland, whether vacant or occupied, is hereby declared to be a public nuisance, and it shall be unlawful for any person, firm or corporation, the owner or occupant of any such premises, to deposit, cause or allow to be deposited or permit to remain and /or accumulate in, around or upon any of said premises, objectionable, unsightly or offensive matter, or trash, rubbish, waste or refuse of any description, or to burn or cause to permit the same to be burned thereon, but it shall be their duty, and the duty of any agent of any non - resident owner of any premises to dispose of same as provided for the disposal of garbage, trash and refuse. Section 5 It shall be unlawful, and is hereby declared to be a public nuisance for any person, firm or corporation, the owner or occupant, or the agent of any non - resident owner thereof, to deposit, or permit to remain and /or accumulate in, around or upon any lot or block of land, or part thereof, any garbage, refuse, unwholesome and /or unsanitary matter of any description, except as allowed by the City of Nederland for the disposal of garbage, trash and refuse. Section 6 It shall be unlawful, and is hereby declared to be a public nuisance, for any person, firm or corporation, the owner or the agent or representative of any non - resident owner of any lot or block of land, or parts thereof, or any other premises whether vacant or occupied within the municipal jurisdiction of the City of Nederland to allow grass, weeds and brush of any description to grow and flourish on the premises, or upon any sidewalk abutting said premises, without having the same cut, and at all times kept cut, short to a height not greater than six (6) inches from the surface of the ground. Section 7 1 Whenever any condition described in this article is found to exist on any premises within the city, the owner of such premises ' shall be notified by the city, in writing, to correct, remedy or remove the condition within ten (10) days after such notice and it shall be unlawful for any such person to fail to comply with such notice. The notice shall be served personally on the owner to whom it is directed or shall be given by letter addressed to such owner at his last known post office address. In the event personal service cannot be made and the owners address is not known, such notice shall be given by publication at least two (2) times within ten (10) consecutive days in a newspaper of general circulation published in the city. Section 8 Should the recipient of any such notice as above provided fail, neglect or refuse to comply with the requirements of such notice within the said period of ten (10) days, the city, by virtue of the power of the power conferred upon it by its Charter and the provisions of Article 4436, Revised Civil States of Texas, shall have the power to enter in and upon said premises and perform all work, acts, or things necessary to be done in compliance with the requirements of said notice, and incur all necessary expenses in connection therewith; the city shall further cause any recurrence of such violations as set forth in the original notice to be corrected for a period of six (6) months thereafter, without the necessity of further notice; and all such work and expenses incurred in connection therewith shall be done on the account of and at the cost of the owner of any such premises, and is declared to be a personal charge against any such owner, and a lien upon said property is hereinafter provided. Section 9 Whenever any work is done or improvements are made by the city under the provisions of section 8, the Fire Marshal or his designee, on behalf of the city, shall file a statement of the expenses incurred thereby with the county clerk. Such statement shall give the amount of such expenses and the date or dates on which the work was done or the improvements were made. Section 10 After the statement provided for in section 9 is filed, the city shall have a privilege lien on the property described in the statement upon which the work was done or the improvement was made, to secure the expenses thereof. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of ten percent (10 %) per annum from the date the statement was filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city and the statement of expenses made in accord with section 9, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. Section 11 Any owner of property within the municipal jurisdiction of the ' City of Nederland, agent of any such owner, or occupant of any such property or premises, who shall violate any of the provisions of sections 1 to 7 hereof, or fail, or neglect or refuse to comply with the notice served upon him as so provided shall be deemed guilty of a misdemeanor and upon conviction, shall be fined not less than $100.00 nor more than $2000.00, and each days violation thereof shall be considered a separate offense and be subject to the same penalty. Section 12 Severability Clause: If any violation of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. Repealing Clause: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. When Effective: This ordinance shall take effect from and after its passage and publication as required by law. 1 29 30 PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 22nd day of February, A. D. , 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Ser1res, City Secretary City Of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Sanderson, City Attorney City of Nederland, Texas 1 1 31 AMENDMENT TO STANDARD FIRE PREVENTION CODE ORDINANCE NO. 333 AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGULATING THE INSTALLATION, USE AND MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1 That the 1991 edition of the Standard Fire Prevention Code and the 1992 revisions promulgated by the Southern Building Code Congress International, Inc. save and except such portions as are hereinafter deleted, modified or amended and the same is hereby adopted and incorporated as fully as if fully herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in fire prevention and protection within the corporate limits of the City of Nederland, Texas. (a) Section 102.2 (a,b,c,d) - Dealing with Unsafe, Vacant and Burned Structures (b) Section 802.7 and 802.7.1 - Dealing with the instal- lation of burglar bars. (c) Section 902.1.1 - Dealing with Restricted locations , of Aboveground Storage Tanks (d) Section 902.1.3 - Dealing with Restricted locations of Underground Storage Tanks (e) Section Appendix A101.4.3 - Dealing with Assistant(s) Fire Official (f) Section Appendix A105 - Dealing with Board of Adjustments and Appeals (g) Section Appendix A107 - Dealing with Violations and Penalties SECTION 2 Amendments. additions, and deletions The following amendments, additions and deletions to and from the Standard Fire Prevention Code adopted herein are hereby made and adopted, such amendments, additions, and deletions being set forth herein being identified by and prefaced by appropriate section number of the Standard Fire Prevention Code: CHAPTER 1 That Section 102.2 ( a,b,c,d) of the Standard Fire Preven- tion Code is hereby amended by the addition of Section (a), Section (b), Section (c), and Section (d) to read in full as follows: 102.2(a) Unsafe, Vacant, and Burned Structures - Every person owning, or in charge or control of, any vacant or burned out structure shall remove therefrom all accumulations of flammable or combustible waste or rubbish and shall securely lock, barricade, or otherwise secure all doors, windows, and other openings thereof. The premises shall be kept clear or any waste, weeds and grass, or hazardous materials. 102.2(b) - If, in the opinion of the fire official, a building becomes a health hazard due to burning, deterioration, or other reasons the owner shall have sixty (60) days after being notified by the 32 fire official to bring the structure to a condition that complies with this ordinance and all other ordinances of the City of Nederland, or the demolition of the structure and removal of all debris or trash from the property site. 102.2(c) - If this is not done by the owner within the prescribed time, the owner shall be subject to fines and penalties as set out herein. 102.2(d) - In addition to fines and penalties, the City Council shall have the authority to have the structure removed with all debris and trash from the property and all costs therefore shall be taxed against the owner of the property and a lien fore seen be placed against the property in accordance with the laws of the State of Texas. CHAPTER 8 That Section 802 of the Standard Fire Prevention Code is hereby amended by the addition of Section 802.7 and 802.71 to read as follows: 802.7 Burglar bar installation in single and multi- family dwellings. 802.7.1 Burglar bars, bars, grills, grates, or similar devices may be installed on a rescue window, emergency escape, or door in all rooms provided: One rescue window in each room shall be equipped with a release mechanism which will be operable from the inside of the room without the use of a key, special tool, or special knowledge or effort. Rooms without a rescue window shall be required to have an exterior door with a release mechanism as required in Chapter 8, Section 802.7.1. CHAPTER 9 , That Section 902.1.1 of the Standard Fire Prevention Code is hereby amended to read in full as follows: 902.1.1 Aboveground Storage - The aboveground tank storage of flammable liquids in residential areas is prohibited. Tank storage of combustible liquids in residential areas shall require the approval of the fire official. That Section 902.3.1 of the Standard Fire Prevention Code is hereby amended by the addition of Section 902.3.1(a) to read in full as follows: 902.3.1(a) Underground Storage - The underground tank storage of flammable and combustible liquids in residential areas shall require the approval of the fire official. APPENDIX A That Section A202.4.3 of the Standard Fire Prevention Code is hereby amended to read as follows: A 101.4.3 Assistant Fire Official - The fire official of the City of Nederland or such assistant(s) as appointed by him shall perform the duties of the fire official in this code and the fire official shall enforce the provisions of this code and all state laws under his jurisdiction pertaining to the prevention, suppression, or extinguishment of fires. The fire official and his appointed assistant(s) shall have the power of a police officer in performing his duties under this code. That Section A105 of the Standard Fire Prevention Code is hereby amended to read as follows: A 105 Board of Adiustments and Appeals - This code may contradict or restrict present practices of the inhabitants of the City of Nederland, Texas, and particularly the present practices of heavy industry which may be annexed in the future. These nonconforming practices may be permitted if they comply with good engineering practices and current codes and standards, i.e., OSHA, ASME, ANSI, etc., and there is hereby created a Board of Appeals and Adjustments. The Board will consist of the same five (5) members as does the Zoning Board of Appeals. The Board shall adopt rules and regulations for conducting its business. The fire official, or his authorized representative, shall be the ex officio member and shall act as secretary of the Board on matters pertaining to the Standard Fire Prevention Code. The fire official shall also have the power to waive miscellaneous permits for heavy industry such as for compressed gas, corrosive liquids, etc., should he deem it proper. That Section A107 of the Standard Fire Prevention Code is hereby amended to read as follows: A 107 Violations and Penalties - Any person, firm, corporation, or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued and upon conviction of any such violation such person shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) SECTION 3 SEVERABILITY CLAUSE: If any violation of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. ' WHEN EFFECTIVE: This ordinance shall take effect from and after its passage and publication as required by law. PASSED AND �%Pf ROVED by the (;it Council of the City of Nederlan Texas, this the —C11L— day of A.D., 19. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Series, City Secretary City of Nederland APPROVED AS TO FORM AND LEGALITY: Sanderson, City Attorney City of Nederland, Texas 33 47 REGULAR MEETING OF THE CITY COUNCIL OF THE Street, CITY OF NEDERLAND sign be erected at the 6:00 P.M. intersection of South 17th Street and March 8, 1993 , TIME & PLACE The meeting was called to order by Mayor Carl speed the vehicles 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 Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the minutes of the February 22, 1993 meeting as written. All Voted Aye. COMMENTS Bradley Achord, 315 South 17th Street, requested a stop sign be erected at the intersection of South 17th Street and Avenue B , due to the heavy volume and high rates of speed the vehicles travel. Chief Billy Neal responded that he has conducted an investigation and ran radar in that area from March 4 -7 between the hours of 3:00 p.m. and 7:00 p.m. He added that out of 639 vehicles only 5 traffic violations were written and that the average speed was 27 m.p.h. Chief Neal stated that, in his opinion, he did not feel a stop sign would be beneficial but that he has instructed the Police Department to continue to run radar in the area to curtail the problem. PRESENTATIONS Mayor LeBlanc presented service awards to city employees with 25 years or more of service. They were as follows: W. E. Sanderson, James Aldridge, James Byers, Glenn Franklin, Mike Laurents, Darrell Marchand, Sr., Clyde Martin, Morris Meziere, James Mosley, Billy Neal, Henry Pedraza, Arnold Lee Prestridge, Kenneth Segrest, Jerry Windham and Albert Reese. Minutes continued, March 8, 1993 ELECTIONS A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve the "Order Calling Election" providing for an election to be held May 1, 1993 for the purpose of electing two councilmembers - one from Ward I and one from Ward III. All Voted Aye. CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize the reimbursement for utilities not to exceed $2,000 each for the Mid County Babe Ruth and Senior Babe Ruth Leagues, Nederland South Little League and Girls' Softball League for the 1993 season (water, sewer, gas, lights and garbage). All Voted Aye. BIDS Bobby Kelly, Parks and Recreation Director, opened and read bids received for one zero turning radius mowing machine. Bidders were as follows: A & B Outdoor Equipment, Nederland, TX. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to award bids received for one zero turning radius mowing ' machine to A & B Outdoor Equipment in the amount of $8,384.40. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to table approving a proposal for retrospective conversion of library materials. All Voted Aye. BILLS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment of the bills for the month of February, 1993. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:32 p.m. for the purpose of discussing pending litigation of city property as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Sec. 2(e) V.T.C.S.; and, two personnel items 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 LeBlanc at 7:50 p.m. and the regular session was called back to order. 35 3 Minutes continued, March 8, 1993 EXECUTIVE SESSION Mayor LeBlanc announced that Deliberation No. (CONT.) 1 (pending litigation of city property - update of title policy claim on property adjacent to Water Plant) and Deliberation No. 2 (personnel - related issues) of the Executive Session were held for informational purposes only. He added that Deliberation No. 3 (personnel - related issues - consider evidence pertaining to an appeal to dismissal) will be reverted back to Item I on the agenda. PERSONNEL Mayor LeBlanc asked if Mr. Osborne Wilson, or a representative for Mr. Wilson, was present. There being no one present, a motion was made by Mayor LeBlanc and seconded by Councilman Paulus to leave on the table taking action on an appeal of the dismissal of a city employee as per Ordinance No. 147 and directed the City Manager to request Mr. Wilson attend the next council meeting. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council that the curfew ordinance may be unconstitutional would have to be challenged and declared unconstitutional by a court of law. Councilman Schroeter asked about the status of a sewer problem located at Elgin and 24th Street. ADJOURN The City Manager responded that the t.v. crew would be in that area within the next two weeks to begin the process of identifying any problems within the line itself. He added that any subsequent work done by the city in the easement would be used to correct any surface drainage problem. D. E. Sosa, City Manager, advised the Council that he had received a letter from Smokey Sanderson, City Attorney, with the information concerning annexation. There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:25 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ChrVV�Jiss � Se es, City Secretary City of Nederland, Texas 1 1 D 1 L� 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 C� �� � Wd' �2A✓ City Secretary Date 3- S - q1 ) 3 38 174136 Order of Electiun (M) asn Forms and Services —AUnin Ne—d", ecr by Seary of Stare ect Sions 3.(106, 87.010, 85.004, 85.007, V.T.C.A., Election Code ORDER OF ELECTION An election is hereby ordered to be held on May 1, 1993 for the purpose of (date) Electing two Councilmembers, one for Ward I and one for Ward III. Early voting by personal appearance will be conducted each weekday at (location) between the hours of 8:00 a.m. and 9.00 p.m. beginning on Monday, April 12, 1993 (date) and ending on Tuesday, April 27, 1993 (date) Additional early voting will be held as follows: Location Date Hours (None) Applications for ballot by mail shall be mailed to: Chris Serres (Name of Early 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 23, 1993 (date) Issued this the 8 day of March , 19 9_ Signature of Presid' g Officer 1 1 ORDEN DE ELECC /ON Por is presente se ordena que se llevard a Cabo una elecci6n el uno de Mayo. 1993 con* el proposito de: (/echa) dos Consultanos, uno pars barrio uno y uno para barrio tres, pars un termino compelto. La votacion en adelantada en persona se llevard a cabo de lanes a viernes en 1400 Boston Avenue (Sitio) lunes el diez y dos entre las R'nn ---de la mailana y las 9,00 n.mde la tarde empezando el de Abril, 1993 (/'echo) y terminando el martes el viente y siete de Abril, 1993 (/echo) La votacion en adelantada ademds se llevard a cabo de tal manera: Sitio Fecha Horas 1 Las solicitudes para boletas que se votardn en ausencia por correo deberdn enviarse a: Chris Serres, Secretaria de Cuidad (Nombre del Secretario de la Votacidn En Adelantada) P. 0. Box 967 (Direcci ft Nederland, Texas 77627 (Ciudad) (Zona Postal) Las solicitudes para boletas que se votardn en adelantada por correo deberdn recibirse para elfin de las horas de negocio el viente v tres de Abril, 1993 (/echa) F.mitiela este dia nueve de Marza 19 93 Fi-Tina del Olicial Qfa, Preside C� 39 IN REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. March 22, 1993 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 Mayor LeBlanc and seconded by Councilman Schroeter to approve the minutes of the March 8, 1993 meeting as written. All Voted Aye. ORDINANCES, Mayor LeBlanc presented a Proclamation to Phil , RESOLUTIONS & Blackburn, Director of Public Relations - Star PROCLAMATIONS Enterprise, and Andrew Van Chau, Assistant, thanking Star Enterprise and Texaco for their contribution of 30 live oak trees to Doornbos Park. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to accept the Proclamation as written. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 6:08 p.m. for the purpose discussing personnel related issues relative to finance director's position vacated September 29, 1992 as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Sec. 2(e) V.T.C.S. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 6:42 p.m. and the regular session was called back to order. 1 1 1 1 Minutes Continued, March 22, 1993 EXECUTIVE SESSION Mayor LeBlanc announced that the Executive (CONT.) Session was held for informational purposes only and that no action was necessary. COMMUNICATIONS Mr. L. J. Richard, 1503 S 14th Street and Mr. Jerry Cobb, 1424 S 14th Street presented the Council with a petition containing 30 signatures concerning drainage problems in the Wagner Subdivision. The City Manager responded that he would set up a meeting with the persons who signed the petition to determine the severity of the drainage problem and to determine a solution. ORDINANCES, A motion was made by Councilman Paulus and RESOLUTIONS & seconded by Mayor LeBlanc to approve Resolution PROCLAMATIONS No. 1993 -2 appointing Mrs. Gladys Weaver (CONT.) Election Judge and Mr. Haywood Weaver alternate Election Judge. All Voted Aye. CAPITAL IMPROVE- A motion was made by Councilman Paulus and MENTS - WATER seconded by Mayor LeBlanc to table accepting TREATMENT PLANT a proposal from S.W.L. for geotechnical engineering services for the new water treatment plant. All Voted Aye. CONTRACTS, AGREE- A motion was made by Councilman Paulus and MENTS & LEASES seconded by Mayor LeBlanc to approve a contract between the Mid County Municipal League and the Mid County Radio Control Club allowing the Mid County Radio Control Club to use the abandoned Mid County Municipal League landfill contingent upon an addendum providing for restricted air space. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to remove from the table the item pertaining to proposals for retrospective conversion of Library materials. All Voted Aye. 411 L� 2 Minutes Continued, March 22, 1993 BIDS (CONT.) A motion was made by Councilman Paulus and seconded by Councilman Schroeter to accept the Librarian's recommendation to award proposal for retrospective conversion of Library materials to the low bidder, Auto - Graphics, Inc. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize the advertisement for bids for various lift stations to be used in residential areas. All Voted Aye. INTRODUCTIONS Mayor LeBlanc recognized Mr. Rochelle Simmons and his daughter, Janice, who were in attendance. RECESS Mayor LeBlanc called for a five minute recess in the regular session at 7:15 p.m. Mayor LeBlanc called the regular session back to order at 7:20 p.m. PERSONNEL A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to remove ' from the table the item pertaining to an appeal by an employee who was dismissed from his job. All Voted Aye. Mr. W. E. Sanderson, City Attorney, advised Mr. Osborne Wilson of his right to have his hearing in either a closed or opened session and of his right to representation in either session. Mr. Sanderson also asked for names of all persons that would be testifying in behalf of Mr. Wilson be stated for the record. Mr. Raymond Scott, Representative Local 385, announced that he would be representing Mr. Osborne Wilson and that he and Mr. Wilson has no problem with the hearing being held in open session. Mr. Scott then stated that, if necessary, Mr. Larry Blanchard and Mr. Glenn Franklin may be called upon to testify. Mr. Scott pleaded Mr. Wilson's case stating that it is their opinion that Mr. Wilson has not been treated in the same manner as other In u Minutes Continued, March 22, 1993 4 31 PERSONNEL (CONT.) employees and stated that Mr. Wilson was dismissed from his job unfairly. Mr. Scott then cited reasons they felt Mr. Wilson was treated unfairly and added that Mr. Wilson had perfect attendance and was a loyal employee for eight years and asked for consideration based on those reasons for reinstating Mr. Wilson as an employee of the City of Nederland. Mr. Scott then stated that he would attempt to answer any questions. Mayor LeBlanc asked for any questions from the Council regarding Mr. Scott's presentation. Mr. W. E. Sanderson asked if Mr. Wilson would like to add anything to Mr. Scott's presentation in his own behalf for the record. Mr. Scott stated that Mr. Wilson asked to have representation and that he (Mr. Wilson) had nothing further to add. The City Attorney then reminded Mr. Scott that he had the right to cross - examine any Department Head or city employee that he felt ' was necessary to fairly represent his client. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:32 p.m. for the purpose of considering evidence pertaining to the appeal presented for Mr. Osborne Wilson 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 8:20 p.m. and the regular session was called back to order. Mr. W. E. Sanderson, City Attorney, announced that the Council has carefully reviewed all pertinent reports relative to Mr. Wilson's case. Mr. Sanderson then stated that, after reviewing the reports and the testimony presented, it is the consensus of the Council to uphold the staff's recommendation to terminate Mr. Wilson's position with the City of Nederland. 1 4 4 Minutes Continued, March 22, 1993 EXECUTIVE SESSION A motion was made by Councilman Schroeter and (CONT.) seconded by Councilman Paulus to uphold the staff's recommendation to terminate Mr. Wilson's position with the City of Nederland. All Voted Aye. An Executive Session was called to order by Mayor Carl N. LeBlanc at 8:25 p.m. for the purpose of discussing pending litigation relating to the merger of Gulf States Utilities with Entergy, Inc. The Executive Session was adjourned by Mayor Carl N. LeBlanc at 8:40 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, stated that Councilman Doornbos has received several complaints regarding the conditions of the streets relative to street sweeping and that if there were no objection he would try and work this item into next years budget. Councilman Paulus suggested that the City Manager investigate the possibility of leasing ' a street sweeper for a month with the City providing the operator. Mayor LeBlanc inquired as to whether or not the City of Groves has purchased a street sweeper. The City Manager stated that one feasible possibility is to lease a street sweeper in conjunction with another City and that he would be meeting with the other cities and discuss the possibility. The City Manager then informed the Council that the City staff was working on the sewer problems in the areas that Councilmen Doornbos and Schroeter expressed a concern and that he will be meeting with constituents in Councilman Paulus' ward regarding the sewer problems. 1 Minutes Continued, March 22, 1993 45 I COMMUNICATIONS The City Manager also informed the Council (CONT.) that the staff is preparing for ditching work to begin in Cessac Addition. He then advised the Council that this Addition has no culverts under the driveways and in order to correct the drainage properly, the City will have to tear up the driveway and set culverts. He then asked the Council's preference as to how the staff should replace the driveways - as the driveway was found or a suitable replacement and let the homeowner be responsible for restoring the driveway. Mayor LeBlanc questioned the City policy regarding replacing driveways. The City Manager responded that, in the past, the City has replaced the driveway to its original condition. The City Council directed the City Manager to get an estimate as to the cost of restoring the driveways to their original condition and to report back to the Council as soon as possible. Councilman Schroeter stated that he has ' received a complaint regarding the private sector garbage pickup and asked if there were any regulations regarding the time in which garbage pickup may begin. The City Manager responded that the present Ordinance allows for pickup to begin no earlier than 4:30 a.m. The City Manager stated that he would make an amendment to the ordinance reflecting that garbage pickup by the private sector would coincide with the City of Nederland's work hours. Councilman Schroeter also inquired about the traffic signal at Hwy. 365 @ 21st Street. The City Manager responded that the City of Port Arthur informed him that the signals should be operating by the end of April. 11 Minutes Continued, March 22, 1993 COMMUNICATIONS Councilman Doornbos pointed out that the Mid (CONT.) County Municipal League was recognized in the latest issue of the T.M.L. magazine relative to its green waste program. Mayor LeBlanc reported that on 14th Street @ Detroit and on South 15th Street the patching work needs to be cleaned up. Councilman Paulus added that at Langham Elementary there was a place that needed to be repaired also. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:50 p.m. LLq �/' O�A�" Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: - 6&4� ' L'4-� Chris Serres, City Secretary ' City of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present i 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 �,A(4-- City Secretary Date i 48 CITY OF NEDERLAND A PROCLAMATION WHEREAS, trees have always played an important role in providing a healthy environment and the beautification of our wonderful Texas city; and WHEREAS, in their on -going desire to be of service to this area, TEXACO and STAR ENTERPRISE, through Global Releaf, have provided Nederland with an extremely generous gift of trees to be planted in Doornbos Park; and WHEREAS, this tree lined park will be an example of Nederland Pride to the many visitors visiting there and enjoying the sports and playground facilities; and WHEREAS, TEXACO and STAR ENTERPRISE'S interests in the environment and in Nederland will be evident to all who enjoy the trees in Doornbos Park; NOW, THEREFORE, I, Carl N. LeBlanc, Mayor of Nederland, Texas, on behalf of the City Council and the citizens of Nederland, do hereby thank and commend TEXACO and STAR ENTERPRISE, and the volunteers, for their unique contributions to Nederland and for their willingness to be of assistance in so many projects that benefit Nederland. IN WITNESS WHEREOF, I have , hereunto set my hand and caused the Seal of the City of Nederland, Texas, to be affixed this 22nd day of March in the Year of the Lord, 1993. ATTEST: Chris Series, City Secretary City of Nederland, Texas Carl N. "Cropo" eBlanc, Mayor City of Nederland, Texas 1 RESOLUTION 1993 -2 WHEREAS, Section 32.008 of the Texas Election Code, Order of Appointment, states that the appointment of election precinct judges must be made by written order; and WHEREAS, Section 87.002 of the Texas Election Code, Appointment of Judges of Absentee Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED THAT I, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 ,a 6. 4,24". Carl N. LeBlanc, Mayo;r°- - City of Nederland, Texas 491 Hereby appoint Mrs. Gladys Weaver Election Precinct Judge and Presiding Judge for the Absentee Ballot Board, Mr. Haywood Weaver Alternate Election Precinct Judge and Alternate Judge for the ' Absentee Presiding Ballot Board and appoint Chris Serres to serve as Judge at the Central Counting Station for the City of Nederland General Election to be held Saturday, May 1, 1993. ATTEST: Chris Serres, City Secretary City of Nederland, Texas 1 ,a 6. 4,24". Carl N. LeBlanc, Mayo;r°- - City of Nederland, Texas 491 STATE OF TEXAS * JOINT LAND USE COUNTY OF JEFFERSON * AGREEMENT PARTIES This agreement is made between the following parties: 1. Mid - County Municipal League, composed of the cities of Nederland, Port Neches, and Groves, Texas; and 2. Mid- County Radio Control Club, a non - profit radio control flying club and a Texas corporation. PURPOSE Whereas the Mid - County Municipal League, hereafter referred to as Lessor, is the landlord of certain real property in Jefferson County, Texas, hereafter referred to as the "Landfill', and I Whereas the Mid - County Radio Control Club, hereinafter referred to as Lessee, desires the use of the "Landfill' as Lessee. The purpose of this agreement is that Lessor will allow Lessee the use and access to a portion of the "Landfill' under the following terms and conditions: SITE The site shall be the area of the Landfill which is presently within the perimeter of the Landfill road, as platted by the City of Nederland, Texas, Map Records. In addition, access to the site shall be by way of the road leading leading from State Highway 347 to the perimeter road. (.&t att�kj ) Land Use Agreement/ Page 1. 511 TERM OF USE This agreement shall be of a one -year, renewable term, commencing January 1, 1993, and ending December 31, 1993, subject to the following conditions: CONDITIONS 1. Lessee shall maintain the area within the perimeter road in a neat and orderly fashion. 2. Lessee shall use the site for the purpose of club activities, which are directly related to the flying of remote controlled miniature model aircraft. 3. Only member of Lessee's club and their quests are invited upon the ' property. 4. Lessee shall provide and maintain the standard "site- owner's" liability insurance policy in favor of Lessor, which is underwritten by the Academy of Model Aeronautics, in the amount of One Million Dollars ($1,000,000.00). 5. Lessee shall require all club members to also be members of the Academy of Model Aeronautics and maintain individual Academy of Model Aeronautics' insurance. 6. Lessee shall not allow the use of firearms or alcohol at the site. 7. Lessee shall not operate it's models or related equipment in any way which interferes with Lessor's business or the general public. Land Use Agreement/ Page 2. 52. 8. Lessee shall maintain it's own gate lock system which will insure that the access road gate is locked at all times except when Lessor has elected to leave the gate open for Lessor's convenience, or unless Lessor otherwise directs. 9. Lessee shall not substantially alter or modify the site without prior approval of Lessor. 10. Lessee is allowed to erect and maintain signs, fences, and "non - permanent" structures which relate to the flying of their model aircraft, so long as such items do not interfere with Lessor's operations or hinder Lessor's superior duty to maintain the site in accordance with Lessor's or other governmental standards. 11. Any alteration or placement of items on site shall be promptly removed , by Lessee at Lessee's own expense should Lessor so demand; and the site replaced to pre- existing conditions. 12. Lessee shall participate with Lessor in public service activities to the extent that Lessee and Lessor's mutual interests are consistent, with the primary purpose of entertaining and benefitting the general public. TERMINATION This agreement shall terminate upon any of the following events: 1. Lessor notifies Lessee not less than thirty days in advance that Lessee must vacate the premises due to supervening governmental necessity which is beyond Lessor's discretionary control. Land Use Agreement/ Page I 531 2. Lessee notifies Lessor of it's intention to abandon the flying site in not less than thirty days. 3. The expiration of the lease term as previously set for in Term of Use provisions. RENEWAL This agreement shall be renewable from year to year upon the mutual consent of both parties, neither party having the right to renew without the other party's consent. However, Lessor shall, in good faith, take into consideration the amount of investment benefit of Lessee remaining on site when determining whether or not to allow renewal. LAW Or FORUM Should there by any disagreement or need to further define or clarify this agreement, the law of the State of Texas shall apply. AMENDMENT Any change in this agreement shall be in writing. ACCEPTED: J, f L4�A_, Agent for Mid - County Municipal League ent f r NfidlCounty Radio Control Club Land Use Agreement/ Page 4. THENCE North 0 degrees 28 minutes 27 seconds West along the common line of the Johnson Survey and the William Carroll Survey and at a distance of 1324.70 feet pass the Eastmost Southeast corner of the E. I. DuPont De Nemors Company Beaumont Works and continue a total distance of 1710.60 feet to a 1 1/4 inch iron pipe found in the edge of the Neches River marsh for the , Westmost,.Southwest and beginning corner of the tract of land herein described; THENCE continuing North 0 degrees 28 minutes 27 seconds West along said common survey line and along the East line of said DuPont Beaumont Works tract of land and at a distance of 4139.68 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 4242.47 feet to the Northwest corner of that certain 1179.34 acre tract of land described in deed from J. E. Broussard, Jr., et al. to Sun Oil Company dated August 21, 1974 and recorded in Vol. 1848, Page 442 of the Deed Records of Jefferson County, Texas; THENCE South 71 degrees 55 minutes 42 seconds East along the Northeasterly line of said 1179.34 acre tract of land and along the Neches River Cut —off a distance of 3703.54 feet; THENCE South 17 degrees 54 minutes 45 seconds West and at a distance of 50.00 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 623.69 feet to a 1 inch galvanized iron pipe placed; THENCE South 72 degrees 05 minutes 15 seconds East a distance of 1005.61 feet to a 1 inch galvanized iron pipe placed; i u i cr. i ur i EXHIBIT A Parcel I FIELD NOTE DESCRIPTION OF A 934.0 ACRE TRACT OF LAND IN THE NECHES RIVER MARSH FOR SUN MARINE TERMINALS, INC. BEING a 934.0 acre tract of land out of the William Carroll Survey, Abstract No. 13, the Burr & Caswell Survey, Abstract No. 406, the John C. Kucher Survey, Abstract No. 158, the 0. Montee Survey, Abstract No. 177 in Jefferson County, Texas and said 934.0 acre tract of, land being more particularly described by metes and bounds as follows: COMMENCING at a steel bar in concrete found in the East line of the J. S. Johnson Survey, Abstract No. 34 and in the West line of the William Carroll Survey A -13 and the Northeast right —of —way line of Kansas City Southern Railroad right —of —way (100 foot right —of —way), said steel bar being 50 feet from, measured at right angles to the centerline of said railroad; THENCE North 0 degrees 28 minutes 27 seconds West along the common line of the Johnson Survey and the William Carroll Survey and at a distance of 1324.70 feet pass the Eastmost Southeast corner of the E. I. DuPont De Nemors Company Beaumont Works and continue a total distance of 1710.60 feet to a 1 1/4 inch iron pipe found in the edge of the Neches River marsh for the , Westmost,.Southwest and beginning corner of the tract of land herein described; THENCE continuing North 0 degrees 28 minutes 27 seconds West along said common survey line and along the East line of said DuPont Beaumont Works tract of land and at a distance of 4139.68 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 4242.47 feet to the Northwest corner of that certain 1179.34 acre tract of land described in deed from J. E. Broussard, Jr., et al. to Sun Oil Company dated August 21, 1974 and recorded in Vol. 1848, Page 442 of the Deed Records of Jefferson County, Texas; THENCE South 71 degrees 55 minutes 42 seconds East along the Northeasterly line of said 1179.34 acre tract of land and along the Neches River Cut —off a distance of 3703.54 feet; THENCE South 17 degrees 54 minutes 45 seconds West and at a distance of 50.00 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 623.69 feet to a 1 inch galvanized iron pipe placed; THENCE South 72 degrees 05 minutes 15 seconds East a distance of 1005.61 feet to a 1 inch galvanized iron pipe placed; 101 ZT IOTZ 5 � � Parcel I (Cont'd.) THENCE South 46 degrees 31 minutes 58 seconds East a distance of 695.22 feet to a 1 inch galvanized iron pipe placed; THENCE South 19 degrees 56 minutes 00 seconds East a distance of 1046.33 feet to a 1 inch galvanized iron pipe placed; THENCE South 50 degrees 00 minutes 59 seconds East a distance of THENCE South 46 degrees 19 minutes 23 seconds West a distance of 2474.03 feet to a 1 inch galvanized iron pipe placed in the Southmost East line of that certain 267.492 acre tract of land described in deed from Sun Marine Terminals, Inc. to the City of Nederland, Texas dated November 15, 1984; THENCE North 02 degrees 28 minutes 45 seconds East along the East line of said City of Nederland 267.492 acre tract of land a distance of 1630.41 feet to a 1 inch galvanized iron pipe placed; THENCE North 17 degrees 13 minutes 56 seconds East along the East line of said City of Nederland 267.492 acre tract of land a distance of 94.16 feet to a 1 inch galvanized pipe placed; THENCE North 33 degrees 45 minutes 12 seconds East along an East line of said City of Nederland 267.492 acre tract of land a distance of 812.35 feet to a 1 inch galvanized iron pipe placed; THENCE North 06 degrees 30 minutes 39 seconds West along the East line of said City of Nederland 267.492 acre tract of land a distance of 2147.00 feet to a 1 inch galvanized iron pipe placed; 2 1278.39 feet to a 1 inch galvanized iron pipe placed; THENCE North 39 degrees 35 minutes 11 seconds East a distance of 1337.71 feet to a 1 inch galvanized iron pipe placed; THENCE North 63 degrees 39 minutes 32 seconds East a distance of 520.72 feet to a 1 inch galvanized iron pipe placed; THENCE South 72 degrees 05 minutes 15 seconds East a distance of 2290.89 feet to a 1 inch galvanized iron pipe placed; THENCE South 23 degrees 29 minutes 37 seconds West a distance of 1798.65 feet to a 1 inch galvanized iron pipe placed; THENCE South 19 degrees 26 minutes 11 seconds West a distance of 1761.53 feet to a 1 inch galvanized iron pipe placed; ' THENCE South 04 degrees 25 minutes 00 seconds West a distance of 621.68 feet to a 1 inch galvanized iron pipe placed; THENCE South 46 degrees 19 minutes 23 seconds West a distance of 2474.03 feet to a 1 inch galvanized iron pipe placed in the Southmost East line of that certain 267.492 acre tract of land described in deed from Sun Marine Terminals, Inc. to the City of Nederland, Texas dated November 15, 1984; THENCE North 02 degrees 28 minutes 45 seconds East along the East line of said City of Nederland 267.492 acre tract of land a distance of 1630.41 feet to a 1 inch galvanized iron pipe placed; THENCE North 17 degrees 13 minutes 56 seconds East along the East line of said City of Nederland 267.492 acre tract of land a distance of 94.16 feet to a 1 inch galvanized pipe placed; THENCE North 33 degrees 45 minutes 12 seconds East along an East line of said City of Nederland 267.492 acre tract of land a distance of 812.35 feet to a 1 inch galvanized iron pipe placed; THENCE North 06 degrees 30 minutes 39 seconds West along the East line of said City of Nederland 267.492 acre tract of land a distance of 2147.00 feet to a 1 inch galvanized iron pipe placed; 2 101 27 1073 Parcel I (Cont'd.) THENCE North 30 degrees 18 minutes 44 seconds West along the Northeasterly line of said City of Nederland 267.492 acre tract of land a distance of 104.97 feet to a 1 inch galvanized iron pipe placed; THENCE North 50 degrees 07 minutes 19 seconds West along the Northeasterly line of said City of Nederland 267.492 acre tract of land a distance of 511.49 feet to a 1 inch galvanized iron pipe placed at the Northmost corner of said 267.492 acre tract of land; THENCE South 42 degrees 01 minutes 36 seconds West along the Northwesterly' line of said City of Nederland 267.492 acre tract of land a distance of 4972.37 feet to a 1 inch galvanized iron pipe placed in the Northeasterly line of the Alboth Addition, according to the map thereof recorded in Vol. 466, Page 319 of the Deed of Records of.Jefferson County, Texas; THENCE North 45 degrees 32 minutes 38 seconds West along the Northeasterly line of Alboth Addition and its projection a distance of 1192.62 feet to the Eastmost corner of the Crary Addition, according to the plat thereof recorded in Vol. 6, Page 63 of the Map Records of Jefferson County, Texas; THENCE North 41 degrees 11 minutes 30 seconds West along the ' Northeasterly line of said Crary Addition a distance of 866.83 feet to an angle point; THENCE North 48 degrees 08 minutes 23 seconds West along the Northeasterly line of said Crary Addition a distance of 600.00 feet to the Northmost corner of said Crary Addition; THENCE North 15 degrees 38 minutes 23 seconds West a distance of 860.00 feet; THENCE South 51 degrees 45 minutes 37 seconds West a distance of 320.00 feet; THENCE North 29 degrees 57 minutes 23 seconds West along the Northeasterly line of an 11.84 acre tract of land described in deed from the Port Arthur Land Company to Charles T. Crary dated August 18, 1909 and recorded in Vol. 141, Page 384 of the Deed Records of Jefferson County, Texas a distance of 640.80 feet to an angle point; THENCE North 20 degrees 03 minutes 27 seconds West along the Northeast line of said 11.84 acre tract of land a distance of 903.59 feet to the place of beginning and containing 934.0 acres of land. 3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. April 12, 1993 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 Paulus. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the March 22, 1993 meeting as written. All Voted Aye. CITY DEPARTMENTS A motion was made by Mayor LeBlanc and seconded & OFFICES by Councilman Moss to appoint Cheryl Dowden Finance Director to fill the position vacated by Mike Daws, September 29, 1992. All Voted Aye. CONTRACTS, LEASES A motion was made by Councilman Paulus and AGREEMENTS seconded by Mayor LeBlanc to direct the City Manager to negotiate a contract with Arvizu Financial Consultants for cash management services and to report back to the Council for approval of the contract. All Voted Aye. ORDINANCES, RESOL- Mayor LeBlanc presented Mrs. Hosey with a UTIONS & PROCLAMA- Proclamation declaring the week of April 18, TIONS 1993 "Organ and Tissue Donor Awareness Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve a Proclamation declaring the week of April 18, 1993 "Organ and Tissue Donor Awareness Week" in Nederland, Texas. All Voted Aye. 1 X71 5 8 Minutes Continued, April 12, 1993 COMMUNICATIONS Mr. Harrington approached the Council with a request to purchase approximately .093 acres of land belonging to the City of Nederland ie: chipping and composting site on Hwy. 347. He explained that he plans to expand his building and needs the additional property in order not to encroach city property. D. E. Sosa, City Manager, responded that the City will entertain his request but first must have a review by the City Attorney as to legality of selling city property. Mr. Sosa then informed Mr. Harrington that this item would be placed on the first agenda after he receives an answer by the City Attorney. Mr. Raymond Scott, Representative of Local 385, approached the Council concerning a list of grievances filed with the City Manager in December of 1992. He added that he has received no response regarding these grievances. The City Manager responded that he had posted a copy of his response to the grievances at the Nederland Service Center but had failed to notify Mr. Scott of his answers. The City Manager then presented Mr. Scott with a copy of his response to the grievances filed. ' Councilman Paulus directed Mr. Scott to the City Manager adding that only one of the grievances "filed fell within the City Council's capacity to act regarding grievable issues and the remaining issues were within the City Manager's realm of responsibility. Mr. Paulus further stated that it would not be legal, according to the City of Nederland Charter, for the Council to take action regarding the remaining grievances. Mr. Scott responded that he, along with the City employees, have met with the City Manager regarding the issues in question and felt that they had come to an impasse. However, they would be happy to entertain another meeting if the City Manager was so willing. Mr. Scott added that, if they could not come to an agreeable solution, they would come back before the City Council. 1 Minutes Continued, April 12, 1993 POLICIES & A motion was made by Mayor LeBlanc and seconded PROCEDURES by Councilman Paulus to authorize the staff to proceed with an amendment to the City's drug policy providing for mandatory random drug testing. All Voted Aye. CONTRACTS, LEASES A motion was made by Mayor LeBlanc and seconded & AGREEMENTS by Councilman Schroeter to authorize the City of Nederland to enter into an agreement with Western Waste Industries for the disposal of green waste. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to authorize Jefferson County Mosquito Control to fly at low levels within the city limits of Nederland. All Voted Aye. CAPITAL IMPROVE - A motion was made by Councilman Paulus and MENTS - WATER seconded by Mayor LeBlanc to remove from the TREATMENT PLANT table the item pertaining to geotechnical engineering services for the new water treatment plant. All Voted Aye. A motion was made by Mayor LeBlanc and ' seconded by Councilman Doornbos to award proposal to Southwestern Lab for geotechnical engineering services for the new water treatment plant. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS & by Councilman Schroeter to authorize the PROCLAMATIONS initiation of the process to close the alley between 12th and 13th Streets from Chicago to Detroit Avenue. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to table accepting improvements in Pirate Cove Subdivision. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to reject all bids received for various lift stations to be used in residential areas and to authorize the readvertisement for bids. All Voted Nay. 7 u 6 ® Minutes Continued, April 12, 1993 BIDS (CONT.) Steve Hamilton, Public Works Director, opened and read bids received for grinder pump lift stations. Bidders were as follows: Automatic Pump, Beaumont, Texas, 2 duplex lift stations - $7,177.00 each and 1 simplex lift stations - $2,583.00. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award the bid for grinder pump lift stations to Automatic Pump in the amount of $16,937.00. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment to Provost & Umphrey Law Firm in the amount of 985.05 and 1, 063.05 for services rendered in connection with the title policy claim for the property adjacent to the existing water treatment plant. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve payment to Crutchfield, DeCordova & Chauveaux ' in the amount of $1,018.76 for services rendered in connection with the title policy claim for the property adjacent to the existing water plant. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize payment of the bills for the month of March, 1993. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 8:15 p.m. for the purpose of discussing personnel related issues relative to job descriptions of the City Attorney, City Judge and Assistant City Manager 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 8:45 p.m. 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. Minutes Continued, April 12, 1993 COMMUNICATIONS D. E. Sosa, City Manager, reported to the Council that the would meet with the Union regarding the list of grievances that were discussed earlier in the meeting. Councilman Doornbos inquired about the meeting with representatives from King Bethune. The City Manager responded that he did meet with the representatives from King Bethune and suggested they approach the other water providers in the area to determine whether or not they could reach a more agreeable contract with one of the other providers. If so, the City of Nederland would be agreeable to releasing King Bethune from its contract with the City of Nederland. Councilman Doornbos also inquired about the property at 36th Street @ Gary Avenue. The Fire Chief responded that the City of Nederland is mowing the property when warranted. Councilman Paulus inquired about the City mowing the 27th Street right -of -way when most right -of -ways are mowed by the citizens. The City Manager responded that he would check into this matter. Councilman Schroeter inquired about the progress of the filming of the sewer lines at Elgin @ 24th Street. The City Manager responded that the company performing this job will begin work this week (April 12, 1993 week). Councilman Schroeter also requested an updated copy of the personnel manual. Councilman Moss inquired about the City of Nederland's applications for a Community Development Block Grant. The City Manager responded that the City of Nederland did not qualify for the grant at this time. 611 2 Minues Continued, April 12, 1993 COMMUNICATIONS Mayor LeBlanc reported a house in the 500 block (CONT.) of 14th Street that is in violation of Ordinance No. 78. The Fire Chief responded that the fire department is currently in the process of cleaning this property and securing the structure. Mayor LeBlanc also inquired about the esplanade @.Hardy and Nederland Avenues. The Public Works Director responded that he would investigate possibilities to make this area more attractive. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:15 p.m. 0"" m . 'J .g,.., Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: - LAA� Chris Ser es, City Secretary City of Nederland, Texas 1 1 1 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid- Jefferson County, Texas (IDffice of #Ile AuLlor . a it CaA N. "Cnopo" LeBlanc , Gy. virtue of lice auticorit f. veJleJ in me as /Yt[c for of toe Cily. o/ I //ecL.L.d, exact, l/o �cera4 n p /Jroclaun Apn,i,t I8 --q24, 1993 .�I a "NATIONAL ORGAN AND TISSUE DONOR WEEK" iu lie Cav oj /' /ec�erlaicc�, Jerae, anal UPVC eac% aacI ever l�ilizea of our Cily to conzid¢n and pa)Lti.cipa.te in dizcune.ionz rteganding okgan and ttaaue donation, and to obtain .in60junation and donor caAda to hetp .thoae who cuvtenttty await the u,ttima.te g.i6.t o6 a donated o&gan ort .ti.eeue. n Ja tedtimo,/LY wIeeppreo1, coilneJJ my.. Iecencl cue,/ Seal of flee lily of //ec[er[ai d IL, the 12 dcT.. o/ 63I Me �. GREEN WASTE DISPOSAL CONTRACT This Green Waste Disposal Contract (this "Contract "), dated as of the 10th day of April, 1993, is between the CITY OF NEDERLAND, ( "City "), and WESTERN WASTE INDUSTRIES (the "Contractor "). RECITALS: WHEREAS, the parties desire that the City deliver its Green Waste to the Site (as defined herein) for the purpose of chipping /composting by Contractor; THEREFORE, in consideration of the mutual premises, covenants, obligations and benefits of this Contract, Contractor and the City contract and agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.1 Definitions. Unless the context requires otherwise, terms and phrases have the meanings set forth below: "Green Waste" shall mean all natural recyclable material generated by tree trimming or removal operations, and yard clippings. ' "Site" shall mean the City of Nederland Landfill Property located adjacent to the Sun Oil Terminal at S.H. 347. Section 1.2 Interpretation. This Contract shall be liberally construed to effect its purposes and sustain its validity. Section 1.3 Governing Law. This Contract shall be governed in all respects, by the laws of the State of Texas including enforceability. Venue for any suit arising hereunder shall be Jefferson County, Texas. ARTICLE II QUANTITIES AND OPERATIONS Section 2.1 General. In accordance with City's bid specifications, City and Contractor agree as follows: City shall deliver, by vehicles owned, operated or contracted by it, only Green Waste to the Site and represents that no materials so delivered would cause a violation of the standards, rules and regulations imposed by any governmental agency. The Contractor shall receive and chip /compost the Green Waste, the compensation , for which is set forth in Article III. All Green Waste received at the Site shall be processed for transportation to Contractor's -1- 6 5J Conroe facility. The Contractor shall leave the Site in a condition reasonably acceptable to the City after Contractor's operations hereunder. Frequency of the processing schedule will depend on the amount of materials arriving on site, normally every seven (7) to ten (10) days, with seasonal adjustments. Contractor will provide a container for extraneous materials delivered with Green Waste. The Contractor will be responsible for proper storage and disposal of all excess material. Chippable limbs, etc. will be delivered and stacked on Site and leaves and yard clippings will be delivered in plastic bags. The City will endeavor to deliver completely chippable material. Access to the Site will be restricted to City personnel. The general public will not be allowed to deposit material. Section 2.2 Ouantity Measurements. The quantity of Green Waste actually delivered by the City to the Site shall be determined by the rated capacity of each vehicle delivering Green Waste. The City shall keep individual logs of chippable material as it is delivered to the site. Section 2.3 Title to Solid Waste. The City shall hold title to and all risks and responsibilities of ownership of the Green Waste until contractor begins gathering the waste for deposit in its chipping equipment, at which time all beneficial interest in the Green Waste shall be transferred to contractor. ' Section 2.4 Compliance with Law. All Green Waste will be chipped /composted by the means selected at the sole discretion of the Contractor consistent with generally accepted chipping /composting and pursuant to applicable law. Section 2.5 Office Hours. Contractor shall maintain a Mid County phone line through which they can be contacted. There will be a responsible person in charge at this number from 8:00 a.m. to 5:00 p.m. on regular collection days. Section 2.6 Safety Regulations. City vehicles and employees entering the Site shall comply with all federal, state and local health and safety regulations, including any written work or reasonably necessary safety rules established by the Contractor. Vehicles or employees found not to be in compliance will be denied entry to or removed from the Site. ARTICLE II COMPENSATION Section 3.1 Payment. City shall deliver a copy of its logs to Contractor on the first (1st) day of each month during the term hereof and on or before the tenth (10th) day of every other month, Contractor shall invoice the City for the amount of Green Waste delivered to the Site during the immediately preceding two (2) months. Each invoice submitted by the Contractor shall be paid -2- within thirty (30) days of the date of invoice. Contractor shall provide monthly reports to the City that detail volume and the progress of the composting process. Section 3.2 Rate. The rate for disposal for the first year shall be fixed at $3.75 per cubic yard for all compacted solid waste. The subsequent years, years two (2) and three (3) or more of this contract, the rate will be modified in accordance with and as published in the Consumer Price Index for Urban Waste Earners and Clerical Workers (all Items), as published by the U. S. Department of Labor, Bureau of Labor Statistics since the date of the last such adjustment (or since the date of execution of this Agreement in the case of the fist such adjustment), subject to Customer's approval upon notice thereof from Contractor thirty (30) days prior to the effective date of the adjustment. Section 3.3 Outside Contractors. Any Green Waste rought in by a contractor other than Contractor (an "Outside Contractor ") shall be subject to the Mid County Municipal League's approval and the Mid County Municipal League shall receive a $.25 per cubic yard royalty on all such disposal as paid by Outside Contractor. Section 3.4 Dispute. In the event quantity is disputed by the Contractor, it shall, within ten (10) days of receipt of said disputed record, provide a written notice to the City setting forth in detail each matter in dispute and the reason therefor. Promptly after receipt of such written notice, a representative of the ' Contractor and the City (each of whom shall be duly authorized to agree upon a final resolution of any such disputed matter) shall meet and attempt to expeditiously resolve by mutual agreement all such disputes. If such disputes cannot be resolved by agreement then the rights of the parties shall be governed by the laws of the State of Texas. All daily records which are not disputed pursuant to the foregoing procedure shall be deemed accepted as correct by the Contractor. ARTICLE IV TERM Except as otherwise provided herein, the term of this Contract shall commence on the date hereof and shall continue thereafter for one (1) year and then from month to month thereafter until either party notifies the other in writing that the. agreement is canceled, unless sooner terminated under the terms hereof. ARTICLE V TERMINATION /CANCELLATION This agreement may be terminated and canceled by either party hereto for any reason upon ninety (90) days written notice to the other party by certified mail to the address of each party as it appears at Section 7.2 of this Contract. -3- I� 1 1 ARTICLE VI INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the City and its officers, agents and employees from and against any and all claims, demands, liability, penalties, damages, expenses and judgments of any nature and however caused, arising out of the Contractor's operations at the Site. ARTICLE VII INSURANCE Section 7.1 Insurance Requirements. Contractor agrees to maintain during the term of this Contract and shall furnish the City with certificates of insurance as follows: COVERAGES Workman's Compensation Employer's Liability Bodily Injury Liability Except automobile Property Damage Liability Except automobile Automobile Bodily Injury Liability . Automobile Property Damage Excess Umbrella Liability LIMITS OF LIABILITY Statutory $100,000 $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 aggregate $500,000 each person $500,000 aggregate $500,000 each occurrence $5, 000,OOOeach occurrence ARTICLE VIII MISCELLANEOUS PROVISION Section 8.1 Force Majeure. "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, laws, rules, regulations or orders of any applicable court or governmental authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, restraining of government and people, civil disturbances, explosion, unavoidable breakage or accidents to machinery, equipment or plants, and any other events which, whether similar to those enumerated or otherwise, are not reasonably within the control of the party affected. In the event either party is rendered unable, wholly or in part, by Force Majeure to carry out any of its obligations under this Contract, then the obligations of such party, to the extent affected by such Force Majeure and to the extent that due diligence is being used to resume performance at -4- the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. Any time that a party intends to rely upon Force Majeure to suspend obligations as provided in this Section 7.1, such party shall notify the other party as soon as reasonably possible, setting forth the particulars of the situation. Notice shall again be given when the effect of the Force Majeure event has ceased. Section 8.2 Addresses and Notice. Unless otherwise provided in this Contract, any communication, request, reply, advice or other notice herein provided or permitted to be given, made or accepted by either party to the other must be in writing and may be given or be served by depositing the same with the United States Postal Service postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer or official of such party or by prepaid telegram, addressed to the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be: It to the City: CITY OF NEDERLAND 1400 Boston Ave. Nederland, Texas 77627 Attn: Mr. Carl N. LeBlanc It to the Contractor: WESTERN WASTE INDUSTRIES ' Waste Disposal Services Group 100 Interstate 45 North Suite 210 �. Conroe, Texas 77301 Attn: Mr. Herbert V. Iiildebrand The partie$ may at any time change their respective addresses by at least fift en (15) days written notice to the other party. Routine operationa communications need not be communicated in writing but may be a hanged verbally between the designated supervisory c personnel f the parties. i Section 8.3 Severability. The parties declare that all the provisions of this Contract are severable, and should any be deemed invalid orb inapplicable, the remainder continues in full force and effect unless the parties mutually agree the purposes of the Contract are frustrated. Section 8.4 Binding Effect. Each party represents that it has authority to execute this Contract which is binding and enforceable between the parties. -5- 1 Section 8.5 Records. Both parties agree to keep such reasonable operating records as may be required by state or federal regulations, and such records, insofar as they relate directly to chipping /composting of Green Waste delivered hereunder, shall be open to inspection and copying by the other party, at all reasonable times at its expense. Section 8.6 Assignability. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, but this Contract shall not be assignable except by operation of law or by the Contractor to one of its affiliates or subsidiaries with approval of the City. IN WITNESS WHEREOF, the parties hereto have executed this contract in multiple copies, each of which shall be deemed to be an original, as of the date and year first written in this Contract. WESTERN WASTE INDUSTRIES BY: HERBERT V. HILDEBRAND Title: Regional Vice President 1 7 l� -6- CITY OF NEDERLAND By: 0"t'�' . �> CA11L N. LeBLANC Title: Mayor 69 P n i v Jefferson County COMMISSIONERS MOSQUITO CONTROL DIRECTOR 2748 Viterbo Road - Box 8 LEE CHASTANT DR. R. B. WILCOX, Chairman 3201 Bryan Avenue, Groves, Texas 77619 Beaumont, Texas 77705 Graduate Entomologist MR. CHRISTIAN A. VIESER, Secretary (409) 722 -5350 2425 Evalon Avenue, Beaumont, Texas 77702 ORGANIZED 1950 MR. ROBERT BENTLEY P.O. Box 2215, Nederland, Texas 77627 MR. GERALD GIPSON 354 Pinchback Road, Beaumont, Texas 77707 MR. PAUL S I LVA March 26, 1993 3933 8th Avenue, Port Arthur, Texas 77642 Mayor Carl LeBlanc P.O. Box 967 Nederland, Tx 77627 Dear Mayor LeBlanc: Each year the Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control planes to fly low over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed letter granting permission for the Jefferson County Mosquito Control District to operate airplanes over the City for mosquito control purposes. Federal Regulations places the responsibility of tnaintaining all records and of complying with all the rules and the regulations upon the operator of the aircraft. This file is open at all times for inspection. The Director or Chief Pilot will gladly assist you in the delineation of areas over which flights should be avoided. Respectfully yours, �( ? -1 ad— IL Willie J. F Grone, Chief Pilot WJL:vg cc: Commissioner Jimmie Cokinos, Precinct #1 Commissioner Mark Domingue, Precinct #2 Commissioner Waymon D. Hallmark, Precinct #3 Commissioner Edward Moore, Precinct #4 1 ` / f 1 The Jefferson County Mosquito Control District is authorized to fly at low levels as necessary to apply insecticides for the control of mosquitoes within the City limits of Nederland. Signed: Date: I� 7 1 72 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. April 26, 1993 TIME & PLACE The meeting was called to order by Mayor Pro Tem Billy W. Doornbos 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 Schroeter. MINUTES A motion was made by Councilman Moss and seconded by Councilman Schroeter to approve the minutes of the April 12, 1993 meeting contingent upon the Executive Session item being changed to reflect a discussion was also held on the job description of the City Prosecutor. All Voted Aye. ' COMMUNICATIONS D. E. Sosa, City Manager, and Steve Hamilton, Director of Public Works, outlined a waste- water service investigation of Wagner Addition. Two options were presented to alleviate the problems residents are having with their sewer lines during heavy rain periods. The first option would be to install individual lift stations and the second option would be to install new lines with one lift station. After receiving comments from several residents and a lengthy discussion the Council directed the City Manager and staff to further investigate the problems in Wagner Addition. Mr. Sosa responded that he would like to formalize a solution at the next meeting if possible. ORDINANCES, Mayor Pro Tem Doornbos presented Mr. Peterson RESOLUTIONS & with a Proclamation declaring Saturday, May 1, PROCLAMATIONS 1993 as "Masonic Awareness Day" in Nederland, Texas. Minutes continued, April 26, 1993 ORDINANCES, A motion was made by Mayor Pro Tem Doornbos RESOLUTIONS & and seconded by Councilman Schroeter to approve PROCLAMATIONS a Proclamation declaring May 1, 1993 as (CONT.) "Masonic Awareness Day" in Nederland, Texas. All Voted Aye. Mayor Pro Tem Doornbos presented Beth Jones with a Proclamation declaring May 2 -8, 1993 as "Goodwill Industries Week" in Nederland, Texas. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve a Proclamation declaring May 2 -8, 1993 as "Goodwill Industries Week" in Nederland, Texas. All Voted Aye. CITY PROPERTY A motion was made by Councilman Schroeter and seconded by Mayor Pro Tem Doornbos to authorize the city to sell a 0.1 acre tract of land to C.B.H. Services, Inc. contingent upon Mr. Harrington providing an appraisal or certified appraisal value from the Jefferson County Appraisal District. All Voted Aye. The City Attorney stated he would prepare a ' Resolution and quit claim deed to formalize the sale of the property. These items will be on a future Agenda. SUBDIVISIONS A motion was made by Mayor Pro Tem Doornbos and seconded by Councilman Schroeter to remove from the table the item pertaining to Pirate's Cove subdivision. All Voted Aye. Mayor Carl N. LeBlanc arrived at the meeting at 7:40 p.m. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to accept the improvements to Pirate's Cove subdivision which, due to it being a private subdivision, would include the street, water and sewer lines and storm sewer easement out to Helena Avenue; and, if the City's policy permits one street light, contingent upon the developer obtaining a corrected easement for the storm sewer easement. All Voted Aye. PARADES A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to authorize a night parade of motorcycles on Saturday, May 15, 1993 in conjunction with "Aviation Apprecia- tion Day" activities to be held at the Jefferson County Airport. All Voted Aye. 74 Minutes continued, April 26, 1993 CONFERENCES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize the Fire Chief to attend the Southwest Division -Texas Fire Chiefs' Seminar to be held in Wichita Falls, Texas May 16 -18, 1993. All Voted Aye. ORDINANCES, A motion was made by Councilman Schroeter and RESOLUTIONS & seconded by Mayor LeBlanc to approve amending PROCLAMATIONS Ordinance No. 164, setting the dates for regular Council meetings to be held May 3, 1993 through April 25, 1994. Mayor LeBlanc, Councilman Moss, Councilman Schroeter and Councilman Doornbos Voted Aye. Councilman Paulus Voted Nay. COMMUNICATIONS Councilman Moss reported that there is a sign (CONT.) located at the store on the corner of Nederland Avenue and 5th Street which is obstructing the view. Councilman Paulus reported that there is a metal post sign on city right -of -way at the intersection of Avenue H and South 27th Street. Councilman Schroeter inquired as to the , progress of the infiltration study. D. E. Sosa, City Manager, responded that great strides have been made in some areas which has reduced the number of calls the city is receiving. Mr. Sosa added that the city has one full time crew dedicated to repairing infiltration problems. Councilman Schroeter stated that he has observed some work being done on South 12th Street recently and that the sidewalk has been removed. He asked if the sidewalk would be replaced. D. E. Sosa, City Manager, responded that the work was being done by the telephone company and that he will call Mr. McFarland, who is with Southwestern Bell, regarding the replacement of the sidewalk. Mayor LeBlanc reported the street sign on the corner of Shaw and Helena needs to be replaced. Councilman Doornbos inquired on the status of Southwestern Bell Telephone. Minutes continued, April 26, 1993 The City Manager and the City Attorney responded that the courts have instructed Southwestern Bell to hold all franchise fees in escrow. The City Manager stated that the franchise fees normally range from $30,000 to $35,000 per year. Mr. Sosa added that he would investigate this further. Councilman Doornbos asked for a report on annexation possibilities. D. E. Sosa, City Manager, responded that there is nothing prohibiting us from annexing the area north of Canal Avenue to the L.N.V.A. canal and west to Hwy. 69 and meets all requirements, providing all legal steps are taken. The Council directed the City Manager to further investigate the areas which the City of Nederland can annex. Councilman Paulus reported the city limit sign coming in to Nederland on Hwy. 347 needs to be replaced. ATTEST: / n \J/M1_0 �lA� Chris Serres, Ci Secretary City of Nederland, Texas Billy W. ornbos, Mayor Pro Tem City of Nederland, Texas 75 Mayor LeBlanc reported the city limit sign coming in to Nederland from Port Neches also ' needs to be replaced. ADJOURN There being no further business, the meeting was adjourned by Mayor Pro Tem Doornbos at 8:27 p.m. ATTEST: / n \J/M1_0 �lA� Chris Serres, Ci Secretary City of Nederland, Texas Billy W. ornbos, Mayor Pro Tem City of Nederland, Texas 75 76 ......................... ............................... ........................ ............................... GOUMGII» MI»[wT�M ......................... ............................... Ar�-�ni�ANC� sr�lwl�r 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 1/ D. E. Sosa City Manager V/ 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 Cheryl Dowden City Treasurer y 6 11 Mayor .661,6 04AA0 61 City Secretary I'l0hil a6, /993 Date 1 D 1 1 1 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas (Office of t4e ,ffluoo. �rntlttmtt #inn /9, Cant N. " "Cnopo" LeStane ,,fibJ virtue o/l the authority v//e3led itt me ad Mayor oll4e City of //eder[and, ✓exa6, do LreGy DD Pr. aim May 1, 1993 —4A "Ma6onie Aaaaenesa Day" is the City of //ec[er[and, Jexay, and urge eac% and every Citizen of our City to itecogn.i,ze the Masons bog .theist eontAibuti.onz to the community, .theiA civic apikit, and dedication to wonthwhite pnojeeta. I aC6o uAge each and eveAy citizen to v.i.6dt the Ma.6on.ic Lodge in NedeAtand 6nom 2:00 to 5:00 p.m. Satun.day, May 1, 1993. Ju testimo /Jn //y wlteereo/, witneei my I'iand and Sea[ o1 t)te City o/ //ec�erqq[accn{{d lb, t )ce 26 da f of Apn,i,Q, 1993 , —4.–T. actor 77 78 i CITY OF NEDERLAND A PROCLAMATION WHEREAS, the rehabilitation and training of handicapped Americans is a goal worthy of the support of all citizens of Nederland; and, WHEREAS, such rehabilitation requires a sophisticated, modern, program of vocational testing, counseling, guidance, work experience, and job placement services; and, WHEREAS, this program is best carried out in an atmosphere of encouragement and understanding that fosters the development of pride, independence, and self- esteem in the individuals involved; and, LI WHEREAS, Goodwill Industries of America has been providing all, these essential services for 89 years, making it possible for hundreds of thousands of handicapped persons to become self - sufficient, contributing members of society; and, WHEREAS, Goodwill Industries of Southeast Texas, Inc. was established in 1972 to bring the benefits of this national program to our local area. NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, do hereby proclaim the week of May 2 -8, 1993 as "GOODWILL INDUSTRIES WEEK" in Nederland, on this their nineteenth anniversary, and urge all citizens to give their support and attention to the efforts of this ' fine organization. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Nederland to /be affixed. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City0ecretary City of Nederland, Texas 11 May 3 May 24 June 14 June 28 July 12 July 26 August 9 August 23 September 13 September 27 October 11 October 25 November 8 November 22 December 13 December 20 January 10 January 24 February 14 ' February 28 March 14 March 28 April 11 April 25 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 26 day of April, 1993. ATTEST: CjA4-� 9dIAAdn 164 Chris Serres, City SeVretary 1 &4 4. _eJJ Carl N. LeBlanc, Mayor City of Nederland, Texas t y AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 3, 1993 THROUGH APRIL 25, 1994. 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 6:00 p.m. on each of the following dates: May 3 May 24 June 14 June 28 July 12 July 26 August 9 August 23 September 13 September 27 October 11 October 25 November 8 November 22 December 13 December 20 January 10 January 24 February 14 ' February 28 March 14 March 28 April 11 April 25 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 26 day of April, 1993. ATTEST: CjA4-� 9dIAAdn 164 Chris Serres, City SeVretary 1 &4 4. _eJJ Carl N. LeBlanc, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. May 3, 1993 TIME AND 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 Schroeter. ELECTIONS Mrs. Linda Primeaux, Election Judge, reported that a total of 348 votes were cast in Early and General elections combined. She added that the following number of votes were cast for each candidate: MELVIN L. MOSS COUNCILMAN WARD I 300 W. CEYRIL PAULUS COUNCILMAN WARD III 270 A motion was made by Councilman Schroeter and seconded by Councilman Doornbos to accept the canvass of election as presented by Mrs. Primeaux, Election Judge. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve payment to election officials in accordance with the State Statutes Article 3.08 of the election code. All Voted Aye. Chris Serres, City Secretary, administered the Oath of Office to Melvin L. Moss, Councilman Ward I and W. Ceyril Paulus, Councilman Ward III. CONTRACTS, Received comments from Mr. Nick Lampson, Tax AGREEMENTS & Assessor /Collector of Jefferson County, LEASES regarding a proposal from the County to collect taxes for the City of Nederland. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to direct the City Manager to negotiate a contract with Jefferson County for tax collections. All Voted Aye. Minutes continued, May 3, 1993 RECORDS MANAGEMENT Received comments from Mr. Ron White, File Pro, relative to providing records management services to the City of Nederland. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to accept a proposal from File Pro for records management services to comply with the State of Texas records management laws (retainer of $5,551.88 and monthly payments of $429.00). All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS & by Councilman Schroeter to approve a PROCLAMATIONS Proclamation declaring May 9 -15, 1993 as "National Hospital Week" in Nederland, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a Resolution continuing the appeal in Cause No. 92- 13192, Southern Union Gas rate case contingent upon approval by the Cities of Port Arthur, Port Neches and Groves. All Voted Aye. ' A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to table implementing the remaining $.25 per 1,000 gallon water and sewer maintenance fee as authorized by Ordinance No. 155. All Voted Aye. RECESS A recess was called at 6:57 p.m. by Mayor Carl N. LeBlanc. The regular meeting was called back to order at 7:07 p.m. by Mayor Carl N. LeBlanc. FINANCE - BUDGET D. E. Sosa, City Manager, presented an analysis of the City's revenues and expenditures. He pointed out the short falls in revenues and the under budget of certain expenditures. After some discussion and exchange of information the City Manager explained that although the budget was not as accurate as it should be that there would be ample funds to make the year, provided the water revenues come in as expected. Mr. Sosa also reviewed approximately $200,000 that could be cut from the budget and not greatly impact any city programs. The City Manager 82 Minutes continued, May 3, 1993 felt that these cuts would take the pressure off the budget and the bottom line would in fact keep the city from spending more than it was generating. He also reviewed the financial statements and explained why overall the city's personnel costs were not on line in the financial statement, but taken as a whole were within acceptable parameters. Mr. Sosa also stated that the next financial statement would reflect accurate personnel costs, as the City Treasurer would be making the reversing and correcting entries for the next statement. Councilman Doornbos pointed out a discrepancy in the insurance calculations. The City Manager stated he would review the figures and send additional data in the Friday letter for the Council's inspection. EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 8:27 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 9:15 p.m. and the regular meeting was called back to order. ' Mayor LeBlanc announced that the Executive Session was held to discuss the resignation of the City Secretary /Tax Assessor - Collector. He stated that they will accept the resignation, effective May 12, 1993, of Mrs. Chris Serres and the Acting City Secretary will assume the duties of the City Secretary until it can be filled. He added that the opening will be posted for all interested city employees to apply. COMMUNICATIONS Various councilmen brought up subjects to the City Manager's attention ranging from citizen complaints to the status of the Water Plant property. The City Manager responded that he would personally contact the citizens that had complaints. The Water Plant property is still under the jurisdiction of attorneys that are trying to obtain the limits of the title policy. 1 Minutes continued, May 3, 1993 ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 9:45 p.m. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, CiVy Secretary City of Nederland, Texas 1 . ,I GtTY �F:.NEQ�RL.ANI'7 GOUNCI» ME�f[N�3 '. ......................... ............................... ........................ ............................... ......................... ............................... ATT�IVRANG�;�tit»�1` 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 t/ Brenda Warren Librarian W. E. Sanderson City Attorney Bobby Kelly Parks Director Cheryl Dowden City Treasurer ✓ Mayor AAtll (h c(o�(��Irt/y- 41C�i. City Secretary -MOA4 3, 1993 Date T 1 1 LWUWL. 8 5 1 FILE PRO ft ... ��IIIIIIIIIIIIIIIIIII����IIIII RECORDS MANAGEMENT SERVICE AGREEMENT AGREEMENT, made this 9th day of February 1993, between the City of Nederland, TX, hereinafter referred to as the "Client" and FILL PRO, USA, a Texas corporation, hereinafter referred to as the "Corporation." In consideration of the mutual promises herein contained, the parties hereto agree as follows: Recitals It is the desire of the Client to engage certain records management consulting services of the Corporation regarding the 'preparation, submission, and implementatlon of a records management schedule and procedure acceptable under the standards of the State of Texas . 1 It is the desire of the Corporation to consult with the Client In tl►e development and preparation of new records management procedures. AGlt1iL61LN'1' Term 1. The respective dulles and obligations of Il►e parties ItereIo shall be for a period of two (2) years commencing on February 15, 1993, and may be terminate(] by ClluuL giving 30-day written notice to the Corporation. 1 "Professionals Serving Professionals" i 01S. 6 Consultations 2. The Corporation agrees to provide to Client those certain business consulting services as prescribed by Client, subject to the term and conditions of this Agreement, for development of new records management procedures. 3. From time to time, the Client may deem it advisable to enter into agreements with contractors, leasing agents, suppliers, and other firms and associations which provide services and materials necessary for the construction and operation of a record storage and data management facility. With regard to said agreements, the Corporation shall assist the Client In the negotiation of the terms and conditions. The Corporation shall have no power to bind the Client to said agreements and the Client shall have the absolute and complete authority to employ (on such terms and for such compensation as lie deems proper), discharge, direct, supervise and control each and every service ' provider. Further, Client shall have sole authority to make all decisions regarding the location, construction, organization and Implementation of the record storage and data management facilities. Limited Liability 4. With regard to the services to be performed by the Corporation pursuant to the terms of this Agreement, the Corporation shall not be liable to the Client, or to anyone who may claim any right due to his relationship with the Client, for any acts or omissions in the performance of said services on the part of the Corporation or on the part of the agents or employees of Lite Corporation, except when said acts or omissions of the Corporation are due to their willful misconduct 2 871 or culpable negligence. The Client shall hold the Corporation free and harmless from any obligations, costs, claims, Judgments, attorneys' fees, and attachments arising from or growing out of the services rendered to the Client pursuant to the terms of this Agreement or in any way connected with the rendering of said services., except when the same shall arise due to the willful misconduct or culpable negligence of the Corporation, and the Corporation is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent Jurisdiction. Compensation 5. The Corporation shall receive from the Client the following sums for the performance of the services to be rendered to the Client pursuant to the terms of this Agreement: PHASE I -- PRE INVENTORY VISIT $ 312.50 PHASE II == INVENTORY OF RECORDS 11,150.00 ' PHASE III COMPILING 1,100.00 PHASE IV -- IMPLEMENTATION '' 3,300.00 TOTAL CHARGE FOR INVENTORY PROJECT $15,862.50 Upon execution of this Agreement Client shall ,deposit with the Corporation a retainer In the amount of $7,93i.`Zt. The Corporation shall submit to Client a written report upon the completion of each Phase requested. The Corporation shall invoice monthly against above - described retainer. Invoices In excess of the retainer are due and payable within ten (10) days of receipt. ilk 3 1 88 Entire Agreement G. This Agreement constitutes the entire agreement between the parties and there are no representations, warranties, c�venants, or obligations except as set forth In this Agreement. This Agreement supersedes all prior or contemporaneous agreements, undorstandings, negotiations and discussions, written or oral of the parties to this Agreement relating to any transaction contemplated by this Agreement. Nothing in this Agreement is intended or shall be construead to confer upon or to give any person other than the parties to this Agreement (or any permitted successor assign by Client) any rights or remedies under or by reason of this agreement. Separability of Provisions 7. Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions In this , Agreement are determined to be Invalid and contrary to any existing or future law, that invalidity shall not impair the operation of this Agreement or affect those portions of this Agreement whlch'are valid. Notices S. All notices or other communications pursuant to this Agreement shall be in writing and shall be deemed to have been duly given or made when personally delivered, when telecopled, when sent via overnight delivery (by a reputable company), or when mailed by registered or certified mail, postage paid, addressed as follows: 1 891 If to Corporation, to: FILL' PRO, USA P.O. Box 780426 San Antonio, TX 78278 -0426 If to Client, to: City of Nederland, TX or to such other address each party may hereafter specify in writing to the other party. Further Assurances 9. The parties shall execute and deliver such other and further documents or Instruments as may be reasonably required to consummate the transactions contemplated by this Agreement. Extensions and Waivers 10. Corporation and Client may by written agreement signed by both parties: (a) extend the time for the performance of any of their obligations or other acts under this Agreement; (b) waive any inaccuracies in any of the representations and warranties contained in this Agreement; (c) waive compliance with, or modify any of the covenants or agreements contained In this Agreement; or (d) waive or modify the performance of any of the obligations or other acts of the parties to this Agreement. Remedies 11. If any action at law or equity is necessary to enforce or Interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary 1 5 9.b . disbursements In addition to any other relief to which he may be entitled. Governing Law 12. This Agreement sliall be construed and enforced In accordance with the internal laws of the State of Texas. Paragraph Titles 13. The captions contained In this Agreement are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or the Intent of any provision hereof. Amendment 14. This Agreement may not be modified or amended except with the written consent of both the Corporation and the Client. Gender 15. Unless the context otherwise requires, wherever in this ' Agreement any party Is referred to In any one gender, such reference sliall be construed to refer to any other gender. INWITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the day and year first above mentioned. WITNESS /ATTEST: CORPORATION: FILE PRO, USA k � 1, � By: CAL", CLIENT: 6 1 1 1 RECORDS MANAGEMENT. FAew."- AM I;NI -)M I- NT TO PROPOSAL CITY OI NFDF- RLAN1) Amcnd proposal o1.2 -9 -93 to incorporate an alternative method of payment as 17ollows: Total Arnounl $ 15,862.50 Retainer $ 5,551.88 24 monthly payments of $ 429.61 Ist pavre-icnt duc Oct. !. 1993 .Richard f3. f falch ,tr • rR�� -;�- "Professionals Serving Professionals" 911 2 CITY OF NEDERLAND PROCLAMATION WHEREAS, May 9 -15, 1993, has been designated National Hospital Week by the American Hospital Association; and WHEREAS, the theme for the National Hospital Week celebration is "Caring People... People Caring;" and WHEREAS, the citizens of Nederland pay tribute to the staff and volunteers of Mid - Jefferson Hospital for their many contributions of care, program, and services to this community. THEREFORE let it be known that I, Carl N. "Cropo" LeBlanc, Mayor of Nederland, do hereby proclaim May 9 -15, 1993 as "NATIONAL HOSPITAL WEEK' and do hereby urge all citizens of Nederland to participate in Mid - Jefferson Hospital's special programs and events. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 3rd day of May, 1993. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: Chris Serres, City S retary City of Nederland, Texas 1 1 i r r- CITY OF NEDERLAND RESOLUTION NO. 1993 -3 WHEREAS, the Court in Cause No. 92- 13192, Cities of Port Arthur, et al, vs. Railroad Commission of Texas, et al, 201st District Court, Travis County, Texas, affirmed the order of the Railroad Commission of Texas in Docket No. 8033; and WHEREAS, the City of Nederland desires to continue the appeal from said rulings, together With other participating 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 continue the appeal of said case. 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 Court's decision in Cause No. 92- 13192, Cities of Port Arthur, et al, vs. Railroad Commission of Texas, et al, 201st District Court, Travis County, Texas, providing that the Cities of Port Arthur, Port Neches, and Groves, also join in said appeal. Section 3. - That the City of Nederland's pro rata share of the costs of this appeal shall not exceed $1,551.00 as heretofore agreed upon. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland, Texas, on the _ day of , 1993. ATTEST: a4. " / YtiI. Chris Serres, City Sect. tary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas ME ti` 9 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 24, 1993 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 April 26, 1993 and May 3, 1993 meetings as written contingent upon the Subdivision item on the April 26, 1993 minutes being changed to reflect that the street was not part of the improvements being accepted in Pirate's Cove. All Voted Aye. , ORDINANCES, Mayor LeBlanc presented Kevin Knowles with a RESOLUTIONS & Proclamation declaring May 23 -29, 1993 as PROCLAMATIONS "Emergency Medical Services Week" in Nederland, Texas. Mayor LeBlanc presented Kenneth Bent of Church on the Rock with a Proclamation declaring June 16 -29, 1993 as "Honoring the City of Yoshkar- Ola, Russia" in Nederland, Texas. Mayor LeBlanc presented Ed Anderson, Nederland's representative with the Area Agency on Aging of Southeast Texas, with a Proclamation declaring May, 1993 as "Older Texans Month" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the Proclamations as follows: May 23 -29, 1993 as "Emergency Medical Services Week "; June 16 -29 as "Honoring the City of Yoshkar -Ola, Russia "; and, May, 1993 as "Older Texans Month" in Nederland, Texas. All Voted Aye. Minutes continued, May 24, 1993 PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve payment of the bills for the month of April, 1993 as presented by the City Treasurer. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded RESOLUTIONS & by Councilman Schroeter to approve Resolution PROCLAMATIONS 1993 -4 authorizing the City Treasurer and City (CONT.) Manager to sign in order to release safekeeping receipts. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Paulus to approve Resolution 1993 -5 deeding a portion of City property (.0895 acres, Lots 6 & 7, Block 19, Range F, PALCO) to CBH Services and to authorize the Mayor to execute any and all documents relating to this transaction. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Ordinance No. 415 approving an agreement and by -laws of the South East Texas Regional Certification Board. All Voted Aye. ' CONTRACTS, A motion was made by Mayor LeBlanc and seconded LEASES & by Councilman Schroeter to authorize the City AGREEMENTS of Nederland to enter into a contract with Jefferson County, Texas for tax assessment and collection services. All Voted Aye. CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the 1993 Summer Recreation Program contingent upon the City protecting itself from all liability. All Voted Aye. PROPERTY Billy Sims, KSA Engineers, gave a brief update MUNICIPAL BLDGS & on the status of the Water Treatment Plant SITES design. Mr. Sims stated that the projected construction cost is estimated to be $4.2 million with completion expected in the Spring of 1995. COMMUNICATION D. E. Sosa, City Manager, reported that he has been approached by residents on 35th Street to reduce the current speed limit. He added that the Police Department did run radar in the area and the average speed was 21 -24 mph. Mr. Sosa stated that he will contact the residents with the result of the radar survey. Minutes continued, May 24, 1993 EXECUTIVE SESSION An Executive Session was called to order by Mayor Carl N. LeBlanc at 7:03 p.m. for the purpose of discussing the employment of a City Secretary as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S.) The Executive Session was adjourned by Mayor Carl N. LeBlanc at 8:38 p.m. and the regular meeting was called back to order. Mayor LeBlanc announced that the Executive Session was held to discuss the appointment of a City Secretary and that a Special Meeting has been called for Friday, May 28, 1993 at 11:00 a.m. to appoint a City Secretary. COMMUNICATIONS D. E. Sosa, City Manager, informed the Council (CONT. ) that he will try to place on the Agenda for the Special Meeting a replacement to the Zoning Board of Appeals to fill the unexpired term of Joan Edwards. ADJOURN There being no further business, the meeting was adjourned by Mayor Carl N. LeBlanc at 8:42 p.m. ' Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, Acting City Secretary City of Nederland, Texas 1 C:> "P, LII - Acting City Secretary )!10,4 ay. Igg3 Date 97 za5ed Ni >~ u I�r +......: .; 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 LaDonna Floyd ✓ Acting City Secretary D. E. Sosa City Manager Kent Walston Assistant City Manager ✓ tBilly Steve Hamilton Director of Public Works Neal Police Chief Mike Lovelady Fire Chief ✓ James Byers Building Officiaf ✓ Brenda Warren Librarian ✓ W. E. Sanderson City Attorney ✓ C J Bobby Kelly Parks Director Cheryl Dowden City Treasurer 4 Mayor C:> "P, LII - Acting City Secretary )!10,4 ay. Igg3 Date 97 za5ed CITY OF NEDERLAND A PROCLAMATION WHEREAS, emergency medical services is a vital public service; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness o:: injury; and WHEREAS, efforts to establish emergency medicine as a medical specialty began twenty -five years ago; and WHEREAS, the members of emergency medical services teams like those at Diamond Medical Services and Williams- Diamond EMS are .ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, educators, administrators, and others; and WHEREAS, approximately two - thirds of all emergency medical services providers are volunteers; and WHEREAS, the members of emergency medical services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, the people of Texas in the Golden Triangle area benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, the designation of Emergency Medical Services Week will serve to educate the people living in the Golden Triangle about injury prevention and how to respond to a medical emergency; NOW, THEREFORE, I, Carl N. LeBlanc, Mayor of the City of Nederland, Texas, in recognition of this event do hereby proclaim the week of May 23 -29, 1993 as "Emergency Medical Services Week" and encourage the community to observe this week with appropriate programs, ceremonies and activities. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 24th day of May, 1993, 19%, A.D. Carl N. "Crop ' LeBlanc, Mayor City of Nederland, Texas ATTEST: An LDonna Floyd, a ng City Secretary City of Nederland, Texas A 1� 11 1 1 CITY OF NEDERLAN "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas �rncXttmtt #ian ACart N.� "Caopo" LeBCanc /, l y virt�u //e o/ fp�te a /ufe�c7orif� ueefed in me ay May or of f�te City of //ederCand, ✓exad, C/o fterely �/ P— aim June 16 -29, 1993 fit 1 /JJ Hononi.ng the City o66 YoshkoA -Ota /Russia / in f�te City ./ W� .J.rCanct, Jexad, and urge eacrlt and euerty Citizen of our C ly to send gaeetings, prtayeu, and good Witt to the o66.iciaCe and citizens o6 the city o6 VoshkaA -0ta and the Mani. Repubtie .through (o�uA Cocat Christian citizens 6rom ChuAch on the Rock. / // -9./7 l edtirno/�ny /w1teereol, wifnedd my hand and SeaC o� 11te C.,ily o/ //ederlaCCn//d thie fl'te 24th Glad o� May, 1993 City Secrelary mayor I� C..//ily o/ / /ecterlan�, ✓exact 9g 100 CITY OF NEDERLAND A PROCLAMATION For centuries, our best thinkers have struggled with a basic riddle of human history: why do all generations repeat the mistakes of the ones before? Perhaps one reason is that we fail to utilize the knowledge of our society's older members. This is a loss of incalculable magnitude. Here in Texas we have 24 million people over the age of 60, men and women who have seen and one amazing things. Schooled on McGuffey readers, they created the technology to imprint thousands of books worth of knowledge on tiny silicon chips. Carried to school in Model A's or on horseback, they helped to build great cities that today are world centers of technology, culture, finance and politics. Raised in a state with a strong rural tradition, they helped to build great cities that today are world centers of technology, culture, finance and politics. Born in an era of national prosperity, they survived a depression of historic proportions and ultimately led us back to economic preeminence. Thrown as young soldiers into mortal battle, they later rebuilt their defeated enemies' nations and forged enduring alliances with those they once faced in combat. Taught that women's only appropriate roles were within the domestic sphere, they helped elect increasing numbers of women into high elective offices and helped to change forever the limited role of women in our society. If the most precious human assets in times of rapid change are accumulated knowledge, historical perspective and the ability to adapt to evolving conditions, then we are well- advised to seek the counsel of those who possess these qualities in abundance: our older citizens. During Older Americans Month, the month of May 1993, the people of Texas should be encouraged to speak with, listen to, and learn from the older Texans who have so much to teach us about ourselves, our state, and our potential for the future. NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, Texas, do hereby proclaim the month of May 1993 as "OLDER TEXANS MONTH" in Nederland and urge the appropriate recognition thereof. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 24th day of May, 1993, A.D. Carl N. "Crop 6l' LeBlanc, Mayor City of Nederland, Texas ATTEST: (-/" d"14 .. oL n! LaDonna Floyd, Acting City Secretary City of Nederland, Texas E 1 1 10l CITY OF NEDERLAND RESOLUTION 1993 -4 'LaDonna Floyd, cting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Name Position Si na- D. E. Sosa City Manager _ Cheryl Dowden City Treasurer A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER AND CITY TREASURER 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 card has been revoked. PASSED AND APPROVED y the City Council at its regular meeting on the day of n 1993.. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 'LaDonna Floyd, cting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas Name Position Si na- D. E. Sosa City Manager _ Cheryl Dowden City Treasurer 102 CITY OF NEDERLAND RESOLUTION 1993 -5 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE MAYOR TO DEED A PORTION OF CITY PROPERTY TO C.B.H. SERVICES, INC. WHEREAS, the City of Nederland wishes to sell a portion of property to C.B.H. Services, Inc., and WHEREAS, this property has been surveyed and described and a General Warranty Deed has been written. NOW, THEREFORE, BE IT RESOLVED that the City of Nederland, through its governing body, empowers the Mayor to sign the described deed and any other documents relating to this transaction. PASSED AND APPROVED by the City Council at its regular meeting on the iI i day of i Y , 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas I ATTEST: a l.G i a onna Floyd, A ting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas �1 103 GENERAL WARRANTY DEED DATE: M0. / r2Y 1993 GRANTOR: THE CITY OF NEDERLAND, by and through its duly elected officials GRANTOR'S MAILING ADDRESS: P. O. BOX 967 NEDERLAND, TEXAS 77627 (JEFFERSON COUNTY) GRANTEE: GRANTEE'S MAILING ADDRESS: C.B.H. SERVICES, INC. (Jefferson County) CONSIDERATION: The sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration. PROPERTY (including any improvements): BEING 3.9667 acres of land, more or less, out of and a part of Lots 6 &7, Block 19, Range "F ", Port Arthur Land Company ' Subdivision, Jefferson County, Texas as recorded in Vol. 1, Page 22, Map Records of Jefferson County, Texas; said 3.9667 acre tract being more fully described by metes and bounds as follows: BEGINNING at the most Westerly corner of a 4.0 acre tract of land conveyed by C.K. Beard, Sr. & wife, Pearl Beard, to the City of Nederland by deed dated 2/1/52 and recorded in Vol. 849, Page 264, Deed Records of Jefferson County, Texas; said point also being the most Southerly corner of the 3.9667 acre tract herein described; THENCE, (Ref. Line = North 43 deg 09 min, 00 sec West) , along the Easterly right of way line of the K.C.S.R.R., for • distance of (Deed = 305.00 feet) (Field = 304.93 feet) to • point for corner; THENCE, (Deed & Field = North 41 deg, 13 min, 00 sec East), for a distance of (Deed & Field = 536.00 feet) to a point for corner; THENCE, (Deed & Field = South 47 deg, 10 min, 00 sec East), for a distance of (Deed & Field = 328.33 feet) to a point for corner; THENCE, (Field = South 43 deg, 45 min, 42 sec West) (Deed = South 43 deg, 45 min, 00 sec West), for a distance of (Field = 557.22 feet) (Deed = 557.30 feet) to the point of beginning and containing 3.9667 acres of land, more or less. r 104 RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance and the following warranty are made expressly SUBJECT TO any and all restrictions, covenants, conditions, easements, rights -of -way, leases and mineral and /or royalty reservations of record, if any, affecting this Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold unto Grantee, Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns, to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part hereof, except as to the reservations from and exceptions to the conveyance and warranty. Grantor represents that no part of the Property constitutes either Grantor's business or residential homesteads. When the context requires, singular nouns and pronouns include the plural. EXECUTED this the 0& day of 1993. THE CITY �OAFDNEDERLAND By: Carl N. "Cro o" LeBlanc, , Mayor "Grantor" ATTESTED TO: I CITY SECRETARY- Ae-+t�nJ STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this s�)41 day of 1993, by Carl N. "Croppo" LeBlanc on behalf of THE CITY F NEDERLAND in his capacity. Qd //]] MACk Notary Public, ttate of Texas ae. .;;� UDONUROVD AFTER RECORDING, RETURN TO: C.B.H. SERVICES, INC. 1 05.E NOTICE TO PURCHASER The real property, described below, which you are about to purchase is located in the Jefferson County Drainage District No. 7. The District has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the District on real property located in the District is $0.150 on each $100.00 of assessed evaluation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the District and payable in whole or in part from property taxes which is $28,845,000.00. The purpose of this district is to provide drainage and flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: BEING 3.9667 acres of land, more or less, out of and a part of Lots 6 &7, Block 19, Range "F", Port Arthur Land Company Subdivision, Jefferson County, Texas as recorded in Vol. 1, Page 22, Map Records of Jefferson County, Texas; said 3.9667 acre tract being more fully described by metes and bounds as follows: BEGINNING at the most Westerly corner of a 4.0 acre tract of land conveyed by C.K. Beard, Sr. & wife, Pearl Beard, to the City of Nederland by deed dated 2/1/52 and recorded in Vol. 849, Page 264, Deed Records of Jefferson County, Texas; said ' point also being the most Southerly corner of the 3.9667 acre tract herein described; THENCE, (Ref. Line = North 43 deg 09 min, 00 sec West), along the Easterly right of way line of the K.C.S.R.R., for a distance of (Deed = 305.00 feet) (Field = 304.93 feet) to a point for corner; THENCE, (Deed & Field = North 41 deg, 13 min, 00 sec East), for a distance of (Deed & Field = 536.00 feet) to a point for corner; THENCE, (Deed & Field = South 47 deg, 10 min, 00 sec East), for a distance of (Deed & Field = 328.33 feet) to a point for corner; THENCE, (Field = South 43 deg, 45 min, 42 sec West) (Deed = South 43 deg, 45 min, 00 sec West), for a distance of (Field = 557.22 feet) (Deed = 557.30 feet) to the point of beginning and containing 3.9667 acres of land, more or less. Dated: ?q , 1993. THE CITY OF NEDERLAND By: !!✓l t Gi• . Carl N. "Cr ppo" LeBlanc "Seller" ATTESTED TO: ( C �o(Ont,1n TY SECRETARY- ch'nJ 166 PURCHASERS ARE ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASERS ARE ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned Purchasers hereby acknowledge receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. Dated: 1993. C.B.H. SERVICES, INC. By: Its: "Purchaser" THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the aq day of/ , 1993, by Carl N. "Croppo" LeBlanc in his capacity on behalf of THE CITY OF NEDERLAND. o ary Public,�State of Texas ` uoora�aoro THE STATE OF TEXAS COUNTY OF JEFFERSON �' FEB ii ",� This instrument was acknowledged before me on this the day of , 1993, by in his capacity on behalf of C.B.H. SERVICES, INC. Notary Public, State of Texas 1 1071 SECTION 1. PURPOSE 1.1 The parties to this agreement wish to have the assessment and collection of taxes for the City performed by the County. The parties enter into this contract pursuant to the authority granted by Section 6.24, Property Tax Code, and Tex. Rev. Civ. Stat. Ann. Art. 4413(32c) (Vernon 1979). SECTION 2. TERM ' 2.1 This contract shall be effective on June 1, 1993. Thereafter, either party may terminate and cancel the contract by giving sixty (60) days written notice of cancellation to the other party. 2.2 In the event of cancellation, County shall furnish City a duplicate of all electronic records kept for the collection of City's taxes so as to enable City to collect those taxes. SECTION 3. SERVICE TO BE PERFORMED 3.1 The County shall collect the ad valorem property taxes owing to the City. The County further agrees to perform for the City all the duties provided by the laws of the State of Texas for the collection of said taxes. 3.2 The County shall perform all the functions set out in the definition section of this contract. Specifically, the County agrees THE STATE OF TEXAS § COUNTY OF JEFFERSON § CONTRACT FOR ASSESSMENT AND COLLECTION SERVICES On this the 12 q day of , 1993, Jefferson County, Texas, hereinafter called "County," and the City of Nederland, hereinafter called "City," enter into the following agreement: SECTION 1. PURPOSE 1.1 The parties to this agreement wish to have the assessment and collection of taxes for the City performed by the County. The parties enter into this contract pursuant to the authority granted by Section 6.24, Property Tax Code, and Tex. Rev. Civ. Stat. Ann. Art. 4413(32c) (Vernon 1979). SECTION 2. TERM ' 2.1 This contract shall be effective on June 1, 1993. Thereafter, either party may terminate and cancel the contract by giving sixty (60) days written notice of cancellation to the other party. 2.2 In the event of cancellation, County shall furnish City a duplicate of all electronic records kept for the collection of City's taxes so as to enable City to collect those taxes. SECTION 3. SERVICE TO BE PERFORMED 3.1 The County shall collect the ad valorem property taxes owing to the City. The County further agrees to perform for the City all the duties provided by the laws of the State of Texas for the collection of said taxes. 3.2 The County shall perform all the functions set out in the definition section of this contract. Specifically, the County agrees 108 to prepare consolidated tax statements for each taxpayer. The tax statement shall include taxes owed to both the County and the City, or either, as the case may be. The County shall mail said tax statement to each taxpayer who owns property within the geographical boundaries of the City by October 1 or as soon thereafter as practicable. 3.3 The City hereby designates the Assessor - Collector of Taxes for Jefferson County as its tax assessor for purposes of compliance with Chapter 26 of the Texas Property Tax Code, as amended. In addition, the parties agree that the assessor - collector of the County shall perform all the duties required by law of the tax assessor - collector of the City in regard to assessing and collecting ad valorem taxes. 3.4 The City agrees to promptly notify the County of the ' adoption of any residential homestead exemption not automatically imposed by law. Further, the City will promptly notify the County of the adoption of any of the provisions contained in Section 31.05 of the Property Tax Code, or of the adoption of any other provision under law which would affect the assessment or collection of taxes for the City. 3.5 "Extra work" means any task, project or work requested by the City not essential to the performance of the services described in 3.1 through 3.4, or to the reporting thereof to the City. Should City fail to adopt a' tax rate by September 25 or by the date the County adopts its tax rate, whichever should later occur, and should it be necessary because of the City's failure to so timely adopt a 0 109 tax rate to mail an additional statement containing the City's taxes, such additional statement shall be "extra work." 3.6 Prior to the performance of any extra work requested by the City, and as a condition precedent to the City's obligation to pay for such services as extra work, County shall notify City, by a letter to the City's Mayor, or City Manager, that it considers the performance of such service to be extra work. SECTION 4. PAYMENT 4.1 The City shall pay the County for the performance of the services specified above the sum total calculated by multiplying twenty -two cents ($.22) for each account times the total number of accounts as shown on the City's tax roll as received from the Jefferson County Appraisal District. The parties agree that such sum ' total is a reasonable fee for the services to be performed, and does not exceed the actual cost of assessment and collection of the City's taxes by the County. 4.2 The City shall pay the County for start up costs referred to in Section 7.1 of this agreement, including any cost necessary for the complete transfer of the data to be used in the collection and disbursement of property taxes. The charge will be the actual cost and shall not exceed $27,500.00. 4.3 The fee specified in paragraph 4.1 shall be payable annually to the County not later than January 31 of each year. 4.4 Should City fail to adopt a tax rate by September 25 or by the date the County adopts its tax rate, whichever should later occur, and should it be necessary because of the City's failure to so timely adopt a tax rate to mail an additional statement containing 3 0 110 the City's taxes, such additional statement and mailing shall be paid for by City. SECTION 5. REMITTANCE OF COLLECTION The taxes collected for the City shall be remitted weekly on each Tuesday. However, when the taxes collected for the City during any given week equals $5,000.00, County shall make remittance before 2:00 p.m. on the day immediately following the day the taxes collected equal said amount. SECTION 6. BONDING REQUIREMENTS The City agrees to obtain and pay for a surety bond for the County Assessor - Collector acting in his capacity as assessor - collector for the City and on employees of the county who are engaged in the collection, receiving, and disbursement of money on behalf of the City, securing and guaranteeing the faithful and ' honest performance of their duty. Such bond shall be payable to the City, and shall be in a minimum amount of $100,000.00. SECTION 7. MISCELLANEOUS 7.1 The City agrees to transfer to the possession and control of the County copies of all records necessary for the performance of the duties and responsibilities of the County pursuant to this contract. These records shall include all tax records, including delinquent tax rolls, or records available Ao the City. These records shall be in both hard copy and in computer tape format, and shall be conformed to the account numbers of the Jefferson County Tax Appraisal District upon delivery. The City must furnish County with a detail tax rate, broken down to indicate Debt Service rate and Maintenance and Operation rate for each delinquent tax year 4 III transferred to County. Any cost associated with this transfer is included in Section 4.2. 7.2 The County shall not be liable to the City on account of any failure to collect taxes nor shall the assessor - collector of the County be liable unless the failure to collect taxes results from some failure on his part to perform the duties imposed upon him by law and by this agreement. The County should not be liable for any lost tax due to error on City records, rolls, or other materials transferred under 7.1. 7.3 Payments by the City for the services under this contract shall be made from current revenues available to the City. 7.4 The City may require an annual independent audit of the assessor - collector's accounts performed on behalf of the City by an ' auditor not regularly employed by the City or the County. Costs of such audit and copies thereof shall be paid exclusively by City. 7.5 In addition to the audit provided in 7.4 above, the City reserves the right to examine or audit the tax records of the County at its own expense. 7.6 As a condition precedent to the County's duty to collect taxes under this contract, City shall first present to the County a detailed balanced and verified statement showing the current year's total of taxes due, and the cummulative by year total of delinquent taxes due the City prior to the 1992 tax year. The transfer of records shall reflect all collections and adjustments through May 31, 1993. The City shall certify to the County any collections made by City during the transition period. The County shall commence collection of taxes for City as of June 1, 1993. 5 112 7.7 County assumes no responsibility for any delinquent account against which there is, at the time of execution of this contract, a pending delinquent tax suit, except as provided in Section 8 hereof. SECTION 8. DELINQUENT COLLECTIONS The county shall collect any and all delinquent ad valorem taxes owing to the City. The county shall be responsible for causing at least one statement on each delinquent account to be sent annually. The county shall be responsible for providing an attorney and personnel, equipment and supplies to diligently and effectively pursue the collection of delinquent taxes in the manner provided by laws. Should the City disagree with the decision of the Commissioner's Court in these matters, the City reserves the right to exercise Section 2.1 of this contract. SECTION 9. DEFINITIONS ' For purposes of this agreement, the terms "assessment" and "collection" shall include the following: calculation of tax using the rate adopted by the City, calculation of effective tax rate, preparation of current and delinquent tax rolls, proration of taxes, collection of current liabilities, collection of delinquent liabilities and costs resulting from the collection of delinquent taxes, except for the institution of delinquent tax suits, and the issuance of refunds, where authorized by law. The term "assessment" shall not include those functions defined as "appraisal" by Chapter 26 Property Tax Code. 6 1 1 1 113 This agreement is executed in Jefferson County, Texas, on the date and year first written above, by the Mayor for the City of Nederland and by the Commissioners' Court for the County. J Carl N. (Cropo) LeBlanc, Mayor on behalf of City of Nederland 7 By Richard P. LeBlanc, Jr. County Judge on behalf of Commissioner's Court Jefferson County, Texas 114 ORDINANCE NO. 415 AN ORDINANCE APPROVING AGREEMENT AND BY -LAWS OF SOUTH EAST TEXAS REGIONAL ELECTRICAL CERTIFICATION BOARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT AND BY -LAWS ON BEHALF OF THE CITY OF NEDERLAND, AND MAKING ORDINANCE #358 VOID. WHEREAS, the City Council of the City of Nederland finds and determines that it is in the public interest and welfare that a uniform electrical examining program for all participating cities within the Southeast Texas Region be established and maintained, J whereby the technical qualifications of persons who seek to engage in the business of installing, altering, repairing of any wiring, fixtures, or other equipment used for the conducting of electricity, be established and maintained; and, WHEREAS, the City Council finds and determines that in order to achieve such objective it is appropriate to become a participating City member in the South East Texas Regional ' Electrical Certification Board pursuant to Article 4413(32c), V.A.T.S., the Interlocal Cooperation Act; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. The City of Nederland hereby agrees to become a participating member of the South East Texas Regional Electrical Certification Board as set forth in the Agreement and By -Laws thereof, copy of which is attached hereto and made part hereof as Exhibit "A ". The City Manager is hereby authorized to execute such Agreement and By -Laws on behalf of the City of Nederland. Section 2. That if any part of this ordinance is for any reason held to be invalid or unconstitutional, the validity of the remaining portion shall not be affected thereby, it being the express intent that the remaining portion shall remain in full force and effect. Section 3. Any and all ordinances of the City of Nederland, Texas in conflict with the provisions of this Ordinance are hereby expressly repealed. '1 Page 2 PASSED, ADOPTED AND APPROVED this _.�q day of nuA , A. D., 1993. ATTEST: ��rmr.in \ x ne� ��°LaDonna Floyd, cting City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas 1 0 6. z�, Carl N. LeBlanc, Mayor City of Nederland, Texas 115 116 SPECIAL MEETING OF THE CITY COUNCIL OF. THE CITY OF NEDERLAND 11:00 a.m. May 28, 1993 MEETING The meeting was called to order at 11:00 a.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. 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 the May 24, 1993 meeting as written. All Voted Aye. COUNCIL APPTD A motion was made by Mayor LeBlanc and seconded BOARDS & by Councilman Schroeter to appoint John Fisher , COMMISSIONS to the Zoning Board of Appeals to fill the unexpired term of Joan Edwards. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order at 11:05 a.m. by Mayor Carl, N. LeBlanc for the purpose of discussing the appointment of the City Secretary as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was adjourned at 11:38 a.m. and the special meeting was called back to order by Mayor LeBlanc. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to appoint LaDonna Floyd as the City Secretary. All Voted Aye. COMMUNICATIONS D. E. Sosa, City Manager, stated that Commissioner Mark Domingue requested that the Mayor of the City of Nederland write a letter to Jefferson County Drainage District No. 7 endorsing Marvin Kebodeaux's nomination to fill the unexpired term of Amidee Morgan. The Council instructed Mr. Sosa to compose such a letter. Minutes continued, May 28, 1993 COMMUNICATIONS Councilman Doornbos inquired as to the status (CONT.) of the possible annexation. The City Manager stated that the City Attorney and Director of Public Works are examining the possibilities. ADJOURN There being no further business, the meeting was adjourned at 11:43 a.m. by Mayor Carl N. LeBlanc. ATTEST: c> &,.L LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 1 1'I Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1'I �tTY OF1VT«IJ�I:IA,NA ......................... ............................... ........................ ............................... ......................... ............................... COUNCI M E Nix ......................... ............................... ........................ ............................... ......................... ............................... ........................ ............................... ......................... ............................... ATTI~NIJANCE SHEET Name Title Present Absent I 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 t/ LaDonna Floyd Acting City Secretary ✓ D. E. Sosa City Manager Kent Walston Assistant City Manager Steve Hamilton Director of Public Works Billy Neal Police Chief I Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian W. E. Sanderson City Attorney / Bobby Kelly Parks Director ✓/ Cheryl Dowden City Treasurer V LLM - I alo-4L Mayor c AO /�l' ngSCi't�yl"�Sencre�tary 5 -a28- 93 Date 119 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:00 p.m. June 7, 1993 MEETING The meeting was called to order at 5:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the May 28, 1993 meeting as written. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order at ' 5:04 p.m. by Mayor Carl N. LeBlanc for the purpose of discussing possible litigation concerning damage to property owned by the City of Nederland as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(e), V.T.C.S. The Executive Session was adjourned at 6:32 p.m. and the special meeting was called back to order by Mayor LeBlanc. Mayor LeBlanc announced that the Executive Session was held for informational purposes only and no action was necessary. COMMUNICATIONS Councilman Paulus inquired as to the status of the infiltration problems in Wagner Addition. D. E. Sosa, City Manager, responded that Steve Hamilton, Director of Public Works, is studying possible solutions. Councilman Schroeter inquired as to the status of the annexation study. After a brief discussion on areas that could be annexed the Council directed the City Manager to prepare maps showing Nederland's extraterritorial jurisdiction and Jefferson County Water District No. 10 boundaries for the next regular meeting. 120 Minutes continued, June 7, 1993 ADJOURN There being no further business, the meeting was adjourned at 6:40 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: XQ(ol"ncn l X '"id a onna Floyd, City Secretary City of Nederland, Texas 1 1 121 T. v.. : `'�•;i:.o .....................,::::::. ,.... o...................,.:..;:: t: �o;, f,: ;,..;.:i;,t :.;:. ;.�:.::.s: >;'. R��i :::sSi•.,. .'�I#t x.,�>.,. y. .:>?ir �s,?i;; .:. »,.gin: :.... .:E: � , ::•P :Y' ::;.r t>f :• .A� (.t'��'*T� ............:.�::..:�:::: .. �:. o::..::.:.;:::.:::.<•:.. �, t:: n„ ::: A':•`;;: :.,.?::: #::..cv;.;�y;X,>.Y.y..:y,, v:A. :, 'tv:R..»a.:;w Name Title Present Absent Carl N. LeBlanc Mayor 1/ Melvin L. Moss Councilman — Ward 1 ✓ Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 UDonna Floyd City Secretary D. E. Sosa City Manager Kent Walston Assistant City Manager C e Steve Hamilton Director of Public Works C X eased Billy Neal Chief or Police FK CIt6ect Mike Lovelady Fire Chief James Byers Building Official _ y cclse Brenda Warren Librarian 6�16U•Se Cheryl Dowden City Treasurer = XCuS ed Bobby Kelly Parks Director Y—C�KC Lis ed W. E. Sanderson City Attorney Mayor (X &MA" City Secretary to -91 R3 Date 122 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 14, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the June 7, 1993 meeting as written. All Voted Aye. ORDINANCES, A motion was made by Councilman Doornbos and , RESOLUTIONS & seconded by Mayor LeBlanc to approve a PROCLAMATIONS proclamation declaring June 14, 1993 as "Flag Day Texas" in Nederland, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve Resolution 1993 -6 pertaining to Gulf States Utilities' rates. All Voted Aye. CONTRACTS A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to table approving and agreement with Arvizu Financial Group for the cash management system enhancements presented at the April 12, 1993 council meeting. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc. in the amount of $11,880.00 for engineering services during the design phase of the water treatment plant project. All Voted Aye. 123 Minutes continued, June 14, 1993 A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to authorize payment to Crutchfield, DeCordova & Chauveaux in the amount of $35.25 for services rendered in connection with a title claim. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve payment of the bills for the month of May, 1993 as presented by the City Treasurer. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the improvements to Allan Court Subdivision, Phase I contingent upon the developer paying all associated costs as per Ordinance No. 121 and Ordinance No. 35. All Voted Aye. COMMUNICATIONS Mr. D. E. Sosa, City Manager, presented a table outlining the City of Nederland's effective tax rate for 1993 and estimated property values. Mr. Sosa informed the ' Council at what tax rates a public hearing would be required. The City Manager presented a map indicating the City of Nederland's extraterritorial jurisdiction and Jefferson County Water District No. 10 service areas in order to display areas which could be annexed by the City of Nederland. EXECUTIVE SESSION An Executive Session was called to order at 7:21 p.m. by Mayor Carl N. LeBlanc for the purpose of discussing possible litigation concerning damage to property owned by the City of Nederland as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(e), V.T.C.S. The Executive Session was adjourned and the regular meeting was reconvened at 7:30 p.m. by Mayor Carl N. LeBlanc. LITIGATION A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve a contract between the City of Nederland and Provost and Umphrey Law Firm concerning damages to city property and to authorize the Mayor to sign the contract. All Voted Aye. 124 Minutes continued, June 14, 1993 ADJOURN There being no further business, the meeting was adjourned at 7:32 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �L Donna Floyd, City Secretary City of Nederland, Texas 1 1 it 12 CITY OF NEDERLAND A PROCLAMATION WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY "; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as NATIONAL FLAG WEEK; and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14; and WHEREAS, by Act of Congress, Public Law 99 -54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; ' NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor, do hereby proclaim June 14, 1993 as "FLAG DAY TEXAS" and urge all citizens of Texas to pause at 7:00 p.m. EDT on this date for the fourteenth annual PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Nederland, Texas to be affixed this 14th day of June, 1993. ATTEST: Q D"N " & /,I LaDOnna F1oyd,'City Secretary City of Nederland, Texas (�Cda- &ae:&x� Carl N. "Cropo" eBlanc, Mayor City of Nederland, Texas 126 CITY OF NEDERLAND RESOLUTION 1993 -6 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, DIRECTING GULF STATES UTILITIES COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF NEDERLAND; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; AND SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF NEDERLAND OF JUST AND REASONABLE RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY. WHEREAS, the City of Nederland is a regulatory authority under the Public Utility Regulatory Act and has original jurisdiction over the rates of Gulf States Utilities Company to determine if such rates are fair, just, and reasonable; and WHEREAS, preliminary information indicates that a further investigation and review of the rates of Gulf States Utilities Company should be conducted to determine if such rates are fair, just, and reasonable; and WHEREAS, a procedural schedule should be established for the filing of certain information by the Company, procedures to be followed to obtain and review information from the Company, the filing of an analysis of such information by the City, the filling of rebuttal information from the Company, and a public hearing at which time the City shall make a determination if the existing rates of Gulf States Utilities Company are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for Gulf States Utilities Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. On or before July 30, 1993, Gulf States Utilities Company shall file, with the City of Nederland, Schedules A, B, C, D, E, F, G, H, I, J, K, O, and S of the Rate Filing Package of the Public Utility Commission of Texas, along with all associated workpapers. Such filing is the same information required under the Stipulation and Agreement in Docket No. 11,292, Application of Entergv Corporation and Gulf States Utilities Company for Sale. Transfer. or Merger. Testimony need not be prepared, but a narrative description shall be provided sufficient to describe such information and costs shall be allocated to customer classes. 2. City's representatives shall have the right to obtain additional information from the Company through the filing of requests for information, which shall be responded to within ten (10) days from the receipt of such request for information. 3. The City, or its designated representatives, shall file their analysis of the Company's filing and information gathered on or before September 27, 1993. d tl 4. The Company shall file any rebuttal to the analysis of the City or its designated representatives on or before October 8, 1993. 5. A public hearing shall be conducted by the City Council of the City of Nederland on October 14, 1993, at 6:00 p.m. At such public hearing, a determination of the reasonableness of the existing rates of the Gulf States Utilities Company shall be made by the City Council of the City of Nederland and, if necessary, just and reasonable rates shall be determined to be thereafter observed and enforced for all services of Gulf States Utilities Company within the City of Nederland, Texas. Such public hearing may be conducted in conjunction with public hearings conducted by other municipalities served by Gulf States Utilities Company. 6. The City Council may, from time to time, amend this procedural schedule and enter additional orders as may be necessary in the public interest and to enforce the provisions hereof. ADOPTED this 14th day of June, 1993. at, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: (XAl�mnn ��Zn�,t� LaDonna Floyd, Tity Secretary City of Nederland, Texas 1 128 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 28, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc 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 Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the previous meeting contingent upon the motion in the Contract item have added "to give the City Treasurer time to study the proposal and make a recommendation to the City Council ". All Voted Aye. ' CITY DEPARTMENTS A motion was made by Councilman Paulus and AND OFFICES seconded by Councilman Schroeter to appoint LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief /Fire Marshal; Billy Neal, Police Chief; Richard Hughes, City Judge; W. E. Sanderson, City Attorney; Jerry McNeill, Emergency Management Coordinator; and, Billy Neal, Assistant Emergency Management Coordinator as per the City Charter. All Voted Aye. BOUNDARIES - A motion was made by Mayor LeBlanc and seconded ANNEXATION by Councilman Schroeter to authorize the City to publish the appropriate notices to begin the annexation process. All Voted Aye. FINANCE - BUDGET D. E. Sosa, City Manager, presented estimated revenues and expenditures calculations for the 1993 -1994 budget to the City Council. Mr. Sosa briefly went over General Fund, Water and Sewer Fund, and Solid Waste Fund. He added that the final budget will be presented in July. This item was for informational purposes only. Minutes continued, June 28, 1993 COMMUNICATIONS D. E. Sosa, City Manager, presented a map of Wagner Addition with the residents who are having sewer problems highlighted. He added that a questionnaire was sent to all residents in that area asking them to rate their particular sewer problems during periods of heavy rain. Mr. Sosa also stated that he was approached by the City of Beaumont concerning a device that they use on similar problems and have had considerable success. The City of Beaumont has offered to let us use a few of the devices. Mr. Sosa stated that he will be placing the devices at several residences and will report the results back to the Council. Councilman Paulus reported a sign on the corner of Jackson Avenue and Twin City Highway that is obstructing the view of vehicles trying to enter Twin City Highway from Jackson Avenue. The City Manager responded that he will have this situation inspected. ADJOURN There being no further business, the meeting was adjourned at 6:45 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �06 0"'-" ,a (��z "d LaDonna Floyd, Ci y Secretary City of Nederland, Texas U 129 130 131 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 12, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Mrs. Brenda Warren, Librarian. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the June 28, 1993 meeting as written. All Voted Aye. RECOGNITION Mayor LeBlanc recognized Zubbert Ferrell, Kevin Seymour and Josh Caldwell for their heroic actions on June 27, 1993. The three young men witnessed a car accident and immediately stopped to render aide. They were unable to open the door to get the woman out of the car so they proceeded to break the window. Mayor LeBlanc presented the boys with a plaque commending them for their actions. COMMUNICATIONS Mayor LeBlanc announced that persons listed on the agenda to speak relative to the recent allegations regarding mismanagement of the city will be given six minutes each to address the Council. Bobbie VanAuken, 219 - 31 Street, asked the Council about swimming pool funds deposited not balancing with receipts. D. E. Sosa, City Manager, responded that this did happen under a former treasurer and the policy for making deposits has been changed and the treasurer no longer makes deposits. Mrs. VanAuken then stated that she learned a city trash truck was parked in Council Ward IV over a weekend for personal use. The City Manager stated he was not aware of this allegation. She then stated that witnesses saw a city meter departmemt 132 Minutes continued, July 12, 1993 truck in the driveway of the Assistant City Manager's home unloading furniture. Mr. Sosa responded that he was also unaware of this and will investigate the matter. Mrs. VanAuken asked about a contractor using city equipment for a job out of the city limits. Mr. Sosa stated that he did allow a contractor to use the city's maintainer as a favor for doing work on a softball field for a league in Nederland. Mr. Sosa added that since city employees cannot do work on private property the contractor agreed to perform the work free of charge. Mrs. VanAuken then asked if it was a city policy to break down a large project into smaller ones and take bids individually. Mr. Sosa responded that the particular job near West Boston to which she was referring was done by taking proposals. She added that Excavators and Constructors performed a job on South 37th Street last year and was using the city's backhoe when it overturned and they had to call city crews to upright the equipment. The City Manager stated that proposals were taken on the laying of a new water line to accommodate The Plaza strip center and that the project was a cost - sharing agreement with the owner, Connie Megas. Mrs. VanAuken also asked if Excavators and Constructors ever used the city's lowboy. Mr. Sosa stated he was unaware of them using the lowboy. She then stated that city crews were instructed to install concrete culverts in the ditch along Dock Road 5 at Sun oil Company. Mr. Sosa responded that the city did replace a culvert on the road because the road belongs to the city, the road was donated to the City by Sun Oil in the mid 19801s. Mrs. VanAuken asked if Steve Hamilton, Director of Public Works, loaned a key to the old landfill site to a friend of his in order to unload an 18- wheeler full of limbs to the site. Mr. Sosa stated he was not aware of this. She asked that if the city owns Dock Road 5 then why can't she drive down the road. Councilman Paulus responded that certain security levels must be taken in a refinery. He added that Sun Oil maintains the road and the only work the city has ever done was to replace the culvert. Mrs. VanAuken then thanked the Council for their time. Kirk Gillespie, 1224 South 15 Street, stated that if Dock Road 5 does belong to the City then why do we have to enter through a Sun Oil gate and sign to gain entry and also why do we 133 Minutes continued, July 12, 1993 not have another access to the city property north of the landfill site. The City Manager responded that before the landfill closure there was another access to that property, but due to the overlay of the landfill site there is no longer a road. He added that it would be very expensive to build a road to gain access to property that is not used much at this time. Mr. Gillespie asked if city employees are traveling down Dock Road 5 and caused any damage would the city be liable. Mr. Sosa stated yes. Mr. Gillespie again mentioned the incident where a contractor was using a city backhoe on the South 37th Street project and overturned it. He wanted to know if someone would have been killed or injured could they have filed a suit against the City. Mr. Sosa stated that all contractors are required to carry insurance coverage while working for Nederland that covers himself, his employees and the City. W. E. Sanderson, City Attorney, added that due to the City owning the property they could be named in a suit. Mr. Sanderson stated that as long as a contractor is covered and has a hold harmless agreement then the City is fairly safe, but no ' property is 100% free from liability. Mr. Gillespie then asked that if everything was legitimate with allowing the contractor to use the city's maintainer then why was a city . employee instructed to duct tape over the city's emblem. Mr. Sosa stated that he did not think it would look good to have that piece of equipment in Port Arthur. Mr. Gillespie's last question was directed to Councilman Doornbos. He asked if Councilman Doornbos thought he was serving the citizens of Nederland, and Ward IV, to the best of his ability when he was traveling to and from his residence in Colorado. Councilman Doornbos responded by saying that his wife was diagnosed with multiple sclerosis and about two years ago they discovered that her health, during the hot summer months, was better when she is in a cooler less humid climate. He added that 8 -9 months of the year he is in Nederland full time and during the summer he travels to Colorado to be with his wife on the weekends. Councilman Doornbos stated that he has not missed a Council meeting, church board meeting, or meetings at his office due to his home in Colorado. Mr. Gillespie then asked if any taxpayer of Nederland, with a valid driver's license, use city equipment. Mr. Sosa stated that they could not legally use 134 Minutes continued, July 12, 1993 it. Councilman Paulus added that you would be like any contractor and provide a $1 million policy. Mr. Gillespie asked again about the responsibility of Dock Road 5. After a brief discussion it was suggested that the City Manager furnish him with a map that will show exactly which property the City owns. Mary Lee, 2424 Avenue G, stated that at the last Council meeting an estimated budget was presented which was not in balance and needed cuts to be made. Mr. Sosa stated that since the last meeting the budget has been balanced by reducing some items. The Mayor announced that the budget will be reviewed in Item F of today's agenda. Mrs. Lee then asked about the possible annexation which was mentioned at the last meeting. She asked if the property was residential or vacant land and added that if we cannot balance the budget now how can we provide more services. The City Manager stated that the proposed annexation area is mainly residential and the annexation is a long process if it is approved. She then asked if we still have a street program. The City Manager responded that the approval of a street program is in Item H of the agenda. Mrs. Lee asked the Council if they could ' assure taxpayers that if they requested information or copies that are public record will he /she be given the information without any confrontation from the Mayor or any city employee. Mr. Sosa stated that he could guarantee that anyone will receive what they request without any problems. Mrs. Lee added that she has always had a lot of respect for elected officials, but it is hard when they do not show the same respect to taxpayers. She stated that the Mayor stepped over the lines when he used profanity and harassed Mrs. VanAuken when she came to City Hall to purchase copies. Mrs. Lee felt the Mayor owed Mrs. VanAuken and the citizens a public apology for his conduct. Mayor LeBlanc responded that he does not mind apologizing to someone and that we all make mistakes. He added that he apologized at the time the incident occurred. He then apologized for his behavior and hugged Mrs. VanAuken. Kirk Gillespie added that there is a councilman who has accused his father, Sam Gillespie, of being behind the flier being distributed throughout the city and that does not want to hear it again. Minutes continued, July 12, 1993 Bobbie VanAuken asked if anyone could obtain a copy of the city's audits. Mr. Sosa said yes. Mark and Peggy Griffin, 520 South 18th Street, asked about Dock Road 5 and the maintenance of it. Mr. Griffin asked if Sun Oil contributes any financing for the road. The City Manager responded that the City has not done any maintenance other than the replacing of the culvert. Mr. Griffin then asked who holds the title of the road. The City Manager stated that the City holds the title. After a brief discussion it was suggested that the map provided to Mr. Gillespie, as stated above, also be provided to Mr. and Mrs. Griffin. Mr. Griffin stated that B.F.I and others pay a tax to use our roads, therefore, he asked if Sun Oil pays to use Dock Road 5. The City Manager stated that they do not pay a franchise fee and to his knowledge a portion of the road is owned by Sun oil Company. Councilman Paulus added that any company trucks that use the road are responsible for making any repairs. In response to Mr. Griffin's statement about what Sun Oil gives the city the City Manager stated that Sun Oil pays approximately $300,000 in lieu of taxes each year. Mayor LeBlanc called for a 5 minutes recess at 7:06 p.m. The meeting was called back to order at 7:16 p.m. by Mayor Carl N. LeBlanc. PRESENTATION Jess Fuller, President of the Nederland Chamber of Commerce, and Betty Dixon, Executive Director of the Chamber, approached the Council to request the Council's consideration in passing an ordinance requiring registration and licensing of charities soliciting by telephone. Mayor LeBlanc announced that the City of Nederland will consider this request. FINANCE - BUDGET D. E. Sosa, City Manager, presented the Council with the proposed 1993 -1994 fiscal year budget. Mark Griffin asked the City Manager what cuts were made since the last meeting where an estimated budget was presented. Mr. Sosa briefly listed several items that were reduced or eliminated. 135 136 Minutes continued, July 12, 1993 A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve Resolution 1993 -7 accepting the City of Nederland General Budget for the fiscal year beginning October 1, 1993 and ending September 30, 1994 and calling for a Public Hearing to be held at 6:00 p.m. on October 9, 1993 for the purpose of approving this budget in the proposed or amended form as per Article VII of the City Charter. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to appoint Debby Frantz and Allison Roberts as lay representatives for Houston Area Library System. All Voted Aye. STREETS, BRIDGES A motion was made by Mayor LeBlanc and seconded & ALLEYS by Councilman Schroeter to authorize the 1993 street program. All Voted Aye. CONTRACTS, A motion was made by Mayor LeBlanc and seconded AGREEMENTS & by Councilman Paulus to approve and sign a LEASES Regional Wastewater Planning contract with the , Texas Water Development Board. All Voted Aye. PAYMENTS A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize payment of the bills for the month of June, 1993. All Voted Aye. EXECUTIVE SESSION A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table the Executive Session. All Voted Aye. COMMUNICATIONS Councilman Paulus stated that two bills were recently approved by the Governor raising the threshold for competitive bidding to $15,000 and requiring that whenever possible quotes must be obtained from at least two disadvantage businesses. A list of all disadvantage businesses will be provided by the State. Councilman Doornbos reported that the traffic signal at 12th Street and Boston Avenue needs to be checked. 1 1 Minutes continued, July 12, 193 ADJOURN There being no further business, the meeting was adjourned at 8:43 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: r� /, LaDonna Floyd, City Secretary — City of Nederland, Texas 137 138 Mayor City Secretary Date I^` 1 .... ..:.....:.:....:..:....::::. . .......:.:.::.:... ... ........::.:.:.::. ,. .. ::::i' w:: "::: .;:i' ...iii v::::.ii .......:....::::.:iii;. •:: i.` :.'::. H' H H .:.. > ..; i::• ,.;;: ,:i'•i .n ;. .. Name Title Present Absent Carl N. LeBlanc _Mayor Melvin L. Moss Councilman — Ward I /✓ ✓ Will E. Schroeter Councilman — Ward 2 W. Ce ril Paulus Councilman — Ward 3 ✓ Billy W. Doornbm Councilman — Ward 4 ✓ LaDonna Floyd City Secretary ✓ D. E. Sosa City Manager ✓ Kent Walston Assistant City Manager Steve Hamilton Director of Public Works ✓ ✓ Billy Neal Chief of Police Mike Lovelady Fire Chief ✓ James Byers Building Official XCttSeci Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson City Attorne ✓ l i �aLG ✓T • �'��C.�ir � Mayor City Secretary Date I^` 1 1 1 1 RESOLUTION 1993 -7 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, 1993 AND ENDING SEPTEMBER 30, 1994. 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, 1993 and ending September 30, 1994; 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 6:00 p.m., August 9, 1993, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED by the City Council at its regular meeting this the 12th day of July, A.D., 1993. Carl N. "Cropo" LefYlanc, Mayor City of Nederland, Texas ATTEST: r :A U L:�&'j aDOnna Floyd, City Secretary City of Nederland, Texas 140 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 26, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Mr. Steve Hamilton, Director of Public works. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the July 12, 1993 meeting as written contingent upon changing the Public Hearing date to read "August 9, 1993 ". All Voted Aye. COMMUNICATIONS Bobbie VanAuken, 219 - 31 Street, first asked r to question the City Attorney about a letter she received from him regarding procedures to obtain copies of open records. Mrs. VanAuken asked Mr. Sanderson why the letter was typed on letterhead from Provost and Umphrey. Mr. Sanderson responded that he is an employee of that firm and seldom uses city letterhead. Mrs. VanAuken then read V.A.C.S. art 6252 -17 sec. 6 (Open Records Act) which states what information is considered to be public. She added that if the City has a question in regards to whether certain information is public then an opinion of the Attorney General should be sought within ten days. Mrs. VanAuken then asked the City Manager about his response to question #20 on the flier which was distributed throughout the city - "The City hired an Assistant City Manager ?" Mr. Sosa's written response was that the City has had an Administrative Assistant /Personnel Director /Risk Manager since 1981 and that he merely chose to title this position accurately. Mrs. VanAuken then asked what is a Risk Manager and does this pertain to workman's compensation and is he responsible for processing the workman's comp payments from 141 Minutes continued, July 26, 1993 the employees paycheck. Mr. Sosa responded that a Risk Manager takes the City's insurance requirements and risks, (automobiles, police professional liability and general liability, etc.) and makes recommendations to the City Manager and City Council as to the best way to cover exposures. The Risk Manager works closely with the worker's comp provider. Mrs. VanAuken mentioned that the City should receive a copy of all worker's comp checks issued to employees in order to deduct that amount from their city paychecks. She then asked why ten employees were written memos recently advising them that they will need to reimburse the City for any overpayment made. Mr. Sosa stated that Texas Political Subdivision failed to issue copies of employee payments to the City. This has been discussed with them and they will send all the necessary copies. Mrs. VanAuken then asked if any evaluation and step program has been adopted by the City which was done by Kent Walston while he was a student at Lamar University. Mr. Sosa's response was that a wage and salary classification and an amendment to Ordinance No. 147 has been adopted and whether it was ' turned in as a class project by Mr. Walston is unknown to him. Mrs. VanAuken then went over the history of Mr. Walston's employment as well as his salary adjustments. She asked why he was given three raises in one year. Mr. Sosa explained that each time his duties and responsibilities increased his salary was adjusted. Mrs. VanAuken stated that she was informed by someone that the Council was unaware of Mr. Walston's current salary. The Mayor and Council all responded that they were indeed aware of all of his adjustments. She then asked the Mayor if he had asked Chris Serres, the former City Secretary, to reconsider her resignation because Kent Walston was on his way out of City Hall. Mayor LeBlanc stated that he did ask her to reconsider but he did not say that Mr. Walston was on his way out. Mrs. VanAuken then asked why an employee with 30 years experience, in particular James Byers, has had his salary red - lined. The Council responded that according to the Wage and Salary Classi- fication Mr. Byers' salary was well above the last step. She then inquired as to whether individual salaries be in the next budget. Mr. Sosa explained that the wage and salary classification will be in the next budget and any salary increases will be determined by the 1 4 z Minutes continued, July 26, 1993 Council. Mrs. VanAuken then asked why a city trash truck was allowed to go on the driveway at 1015 - 20 Street when it has been discussed that city employees were not allowed to work on private property. Mr. Sosa stated that the property owner wrote a letter granting permission for the truck to enter his property in order to remove trash which he had paid the city to pick up. She also asked why the City picked up trees which were owned by Gulf States Utilities. The City Manager explained that the trees on 17th Street were not on G.S.U. right -of -way but actually on City easement. Mark Griffin, 520 South 18 Street, approached the Council in reference to Dock Rd. 5 which was discussed at the last meeting. He stated that he had received a memo from the City Manager which confirmed that the City does not own Dock Rd S. He added that he felt that the City Manager and Councilman Paulus (due to his employment at Sun Oil) should have known that Sun Oil retained ownership of that road. Mr. Sosa responded that he had made an honest mistake at the last meeting and actually thought the City owned the road. Mr. Griffin ' asked if the property owned by the City is currently being used for anything. Mayor LeBlanc stated that a remote control airplane club, the Corp of Engineers and the chipping and composting operation use a small portion of the old landfill site. Mr. Griffin added that he was of the opinion that wetlands could not be used. Mayor LeBlanc and Councilman Doornbos explained that there are certain ways to improve wetlands with the approval of the federal government. Mr. Griffin asked that since ownership of Dock Rd 5 is in fact Sun Oil property then why did we make repairs to the drainage. The City Attorney explained that if a property owner changes his drainage pattern which causes another property to have problems then it is the owners responsibility to repair his neighbors property. Peggy Griffin, 520 South 18th Street, asked if the Assistant City Manager position was put on the board for bids. Mr. Sosa stated that only hourly positions are required to be posted and does not apply to supervisor positions. Mrs. Griffin then asked for clarification about Excavators and Constructors using city equip- ment. The City Manager explained that due to that company performing some drainage repairs Minutes continued, July 26, 1993 to a ballpark, which also effected a residential area, the City agreed to allow Mr. Braxton to use the equipment. Mr. Sosa then read a letter from Excavators and Constructors which stated that he has worked with all area cities and this practice has been used with all of them for 26 years. The contractor must provide insurance for all work he performs. David Ballard, City employee, stated that he was the employee who performed the work on Dock Rd 5 and that a metal pipe under the road needed to be replaced and that one length of culvert was replaced. ORDINANCES, A motion was made by Councilman Doornbos and RESOLUTIONS, & seconded by Councilman Schroeter to approve a PROCLAMATIONS Proclamation declaring July 26, 1993 as "Nederland Big League, Senior League and Little League All Star Day" in Nederland, Texas. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve ' Resolution 1993 -8 encouraging the Texas Air Control Board and Environmental Protection Agency to re- evaluate the non - attainment classification given to this region. All Voted Aye. AGREEMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the City of Nederland to enter into an interlocal agreement with the Texas Municipal League Group Benefits Risk Pool. All Voted Aye. ORDINANCES, A motion was made by Councilman Schroeter and RESOLUTIONS, & seconded by Councilman Paulus to approve an PROCLAMATIONS Amendment to Ordinance No 335, the wrecker (CONT.) ordinance. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order at 7:15 p.m. by Mayor LeBlanc 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 (f), V.T.C.S. The Executive Session was adjourned at 7:37 p.m. by Mayor LeBlanc and the regular meeting was reconvened. 143 144 Minutes continued, July 26, 1993 EXECUTIVE SESSION Mayor LeBlanc announced that the Executive (CONT.) Session was held for informational purposes and that no action was necessary. COMMUNICATIONS D. E. Sosa, City Manager, reported that the (CONT.) City Treasurer had presented him with a report and that $400,000 was invested this month from water and sewer revenues. Councilman Paulus stated that he received a memo relative to the Police Department possibly using the old landfill site as a firing range. He added that he was not sure if the eco- system would allow for such a project. The City Manager stated that the City would have to have a study done before allowing the property to be used as a range, with approval from E.P.A. ADJOURN There being no further business, the meeting was adjourned at 7:40 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas og7l) V1. , Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 1 .....::. ....... .......... is + ::.... ni :. e:::: tktt:?:..,:,:..!:::. .::;::.ki.::k.::.::.i,:.i:.::.: . :..:::.iui:'t! t:.: ii:Ci ... �: »:i: < ?:t•:ei i.tb::::•:: bi nv.:;: t•:;t b' ; T�.1�t■ { :!<Yi ^.:6: ... .......:..:.:. .....:.,....: :.«:.x.... «: ««.. ^..;::�x..;t>!:: t:�. ««: ....... ....... :...: e: ;. ,:: ,ut�t : :t«.tk {t :.�. ::5 >;.i%. :::: t.,! :.:::::::::..... .......:... .........:::. «.. :, :.:::,::::!.:ec;.:. +........« :::.: :.i n..::.!ta::.h::..:::t ::.::• . v tv:.:. � : i:!.t .ash . Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward l (,Jp�ki',l Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ La Donna Floyd City Secretary,✓ D. E. Sosa _City Manager ✓ Kent Walston Assistant City Manager ✓ Steve Hamilton Director of Public Works ✓/ Billy Neal Chief of Police ✓ Mike Lovelady Fire Chief ✓ James Byers Building Official ✓ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓/ ✓ Bobby Kelly Parks Director W. E. Sanderson City Attorney l � U l • ����1� �c� Mayor : >6" 7 -A -93 Date 145 146 CITY OF NEDERLAN "PROGRAMMED PROGRESS" Mid - Jefferson County. Texas � ACant N.qQ//"Crtopo" LeBQan��c /, /,y virtue ollpplie aule�ltt] orily vedled ill me ad Mayor o /tlte Cily o/ /'lederCa,ld, ✓exact, J. 411-14y QQ �roclainz Ju.Cy 26, 1993 WM "NedeAtand Big League, Seniort League, /� /a/�nnd LittCe League 77A t Start Da/y" / in the Cily of flederCand, Jexad, and urrye each and eeery Cili -m o�ottr City to Lecognize and congnatutate each and everty membert o6 the Lithe League and Seniox League ACt S.ta& teama boa. thedA DiatAict Champ.i.on.eh,ipe, and to neeogn.ize and 6uppoAt the Big League giAtz panti,cipati.ng in tournament ptay. 9tt tedtimogQny tAtee//reol, witnedd my Itand cut S.1 o� 14e City o/ /lederlancl lhid 14e 26 Juty, 1993 , —4.2. G(, „C;e �/J/��� /4iayor 19 q� // / �/ —ilJ o - / /eclerCund, ,lexad 1 1 IJ 1 fl CITY OF NEDERLAND RESOLUTION NO. 1993 -5 THE STATE OF TEXAS § COUNTY OF JEFFERSON § BE IT REMEMBERED at a meeting of the City Council of Nederland, Te as h ld on the 26 day of July, 1993, on motion mad by �- ���._i�_jn a((rn� , and seconded by P .n '0 n (,)i'0� +tAAnll- , the following Resolution was adopted: WHEREAS, the EPA has declared that Southeast Texas has a serious air pollution problem and the Texas Air Control Board is working on a pollution reduction plan for this area; and WHEREAS, these new regulations will have a serious impact upon life in Southeast Texas into the next century, and if our initial pollution reduction attempts are unsuccessful, tighter regulations will be required; and WHEREAS, Southeast Texas is required to reduce the 235 tons of air pollutants released per day to 185 tons and the TACB has agreed to monitor how much local pollution actually originates in the Houston area; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF NEDERLAND, TEXAS, in a regular meeting duly convened and acting in its capacity as the governing body of the City of Nederland, encourages the TACB and EPA to re- evaluate, and where appropriate change, the proposed regulatory mandates to insure the least disruption to industry and citizens of Nederland, Texas. SIGNED this 26 day of July, 1993. ( � - A 25" a, - CARL N. LEBLANC, MAYORS MELVIN MOSS, COUNCILMAN OILL SCHROETER, COUNCILMAN CEYRILfPAULUS, COUNCILMAN ATTEST: LA ONNA FLOYD, CITY SECRETARY CITY OF NEDERLAND, TEXAS BILLY W. ftORNBOS, MAYOR PROTEM s Street. Any street, alley, public place, square or highway within the City. Vehicle. Every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rail or tracks, and shall include trailers and semitrailers. Wrecker. Any motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles. Wrecker Business. The business of towing or removing disabled or wrecked vehicles on the public streets, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such disabled or wrecked vehicles. Wrecker Company. Any person, partnership, firm, association or corporation engaged in the wrecker business. Section 2. Wrecker calls; notice to Police Department required. (1) Any wrecker making a wrecker call in the City of Nederland must first notify the Police Department before making the call and the address to which it is going. (2) In any accident requiring police investigation, the wrecker, whether called by an individual or police officer, may not proceed within 150' of the scene thereof without first obtaining permission from the officer investigating said accident. AN AMENDMENT TO ORDINANCE NO. 335 AN ORDINANCE REGULATING THE OPERATION OF WRECKERS AND WRECKER COMPANIES IN THE CITY OF NEDERLAND; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR ISSUANCE OF PERMITS FOR OPERATION OF WRECKERS AND WRECKER COMPANIES; PROVIDING A PERMIT FEE; PRO- VIDING MAXIMUM FEES ESTABLISHED FOR NONPREFERENCE ROTATION WRECKER SERVICE; PROVIDING MINIMPM REQUIREMENTS FOR EACH WRECKER; PROHIBITING THE OPERATION OF WRECKER WITHOUT A PERMIT; PROHIBITING FOLLOWING AN AMBULANCE OR POLICE CAR TRAVELING TO SCENE OF COLLISION; PROHIBITING DRIVING OF WRECKER TO THE SCENE OF ACCIDENT OR COLLISION WITHOUT BEING CALLED; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS; PROVIDING METHOD OF CALLING FOR WRECKER SERVICES; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings herein ascribed to them; Motor Vehicle. Every vehicle which is self - propelled. Owner. Any person, partnership, firm, association or corporation who holds the legal title of a motor vehicle or who has the legal right of possession thereof. Street. Any street, alley, public place, square or highway within the City. Vehicle. Every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rail or tracks, and shall include trailers and semitrailers. Wrecker. Any motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles. Wrecker Business. The business of towing or removing disabled or wrecked vehicles on the public streets, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such disabled or wrecked vehicles. Wrecker Company. Any person, partnership, firm, association or corporation engaged in the wrecker business. Section 2. Wrecker calls; notice to Police Department required. (1) Any wrecker making a wrecker call in the City of Nederland must first notify the Police Department before making the call and the address to which it is going. (2) In any accident requiring police investigation, the wrecker, whether called by an individual or police officer, may not proceed within 150' of the scene thereof without first obtaining permission from the officer investigating said accident. Section 3. Influence, etc., by Police as to selection of wrecker. (a) However, should the driver of the vehicle be incapacitated and the officer is not able to promptly locate a person who has sufficient authority for care of the vehicle, then the officer may, if it appears necessary in his judgement, order the removal of the vehicle to a place of safety for the benefit of the driver or owner of the vehicle. Charges for service or storage in such cases will be the responsibility of the owner. (b) In any instance where the driver or owner of the vehicle does not have a preference and requests the officer to call a wrecker, or if the driver is incapacitated as described in the preceding paragraph, the officer will call headquarters and request that the next wrecker listed on the "nonpreference" list be called to move the vehicle to safety. The nonpreference list will be maintained by the Police Chief, and it shall only include permittees, with proper equipment and storage space to properly care for the vehicle. This list will not exceed three (3) wrecker companies. (c) In the instance that a wrecker company is called by nonpreference but police are unable to contact them, the company will lose its turn on the rotation of the nonpreference list. If the company refuses the call, their turn on rotation will be lost. (d) If a wrecker company is called by preference or non - preference and fails to arrive at the scene within a reasonable time, the officer who instigated the call may call the next non - preference wrecker. once the second wrecker is called the first wrecker will be forbidden to tow the vehicle and will lose his turn on the nonpreference list. (e) The driver of a disabled, wrecked or abandoned vehicle may request a wrecker not listed on the City of Nederland nonpreference list. These wreckers will be allowed to pick up a vehicle in the City of Nederland from public or private areas if the officer in charge feels this can be done promptly. Section 4 Following vehicles in response to accident report prohibited No person shall follow in a wrecker any ambulance or police car which is traveling on a public street in response to report of an automobile collision or accident. Section 5. Solicitating business prohibited. No person shall solicit in any manner, directly or indirectly, on the streets of the City the business of towing any vehicle which is wrecked or disabled on a public street, regardless of whether the solicitation is for the purpose of solicitating the business of towing, removing, repairing, wrecking, storing, trading, or purchasing said vehicle. In all prosecution under this provision, proof of the presence of any person engaged in the wrecker business or the presence of any wrecker or motor vehicle owned or operated by any person engaged in the wrecker business, either as owner, operator, employee or agent, on any public street in the City, at or near the scene or situs of a wreck, 3 150 accident or collision within one hour after the happening of a wreck, accident, or collision, unless such wrecker was lawfully summoned to such scene, shall be prima facie evidence or a solicitation in violation of this section. Section 6 Impoundment of wrecked vehicle. Any police officer, in the exercise of his direction as a police officer, may direct that any vehicle shall be taken by the driver of the wrecker towing the vehicle directly to the city pound and there held by the City for inspection or investigation to determine the cause or reason for the accident such vehicle was involved in or such vehicle's disability or for any lawful purpose. Section 7. State vehicle operator's license required. All drivers for wrecker companies shall be required to hold a valid state vehicle commercial license. Section S. Annual City permit required. Every person engaging in a wrecker business who desires to be placed on the Nederland Police Department nonpreference wrecker rotation list, as set out in Section 3, subsection (b), shall first obtain a permit issued by the City to engage in such business. Section 9. Application for City permit. Any person desiring a permit required by the provisions of this article shall file a sworn written application therefor with the Chief of Police or his designate, which such application shall contain the following: (a) The name and address of the applicant. (b) The number of wreckers proposed to be operated by applicant. (c) The address and telephone number of the business location from which applicant will operate such wrecker business, if he secures a permit. (d) The types of wrecker equipment which he proposes to place in operation. (e) Whether the applicant has available space for properly accommodating and protecting all disabled motor vehicles to be removed by him from the places where they are found disabled. This will be at least 4' chain link fence capable of being locked and located inside the City limits of Nederland, Texas. All future applicants not currently on nonpreference rotation when ordinance is put in force will be required to have a 6' chain link fence capable of being locked and located within the city limits of Nederland, Texas. (f) Statement that the applicant has the required insurance. (g) Such other information as the Police Chief shall find reasonably necessary to effectuate the purpose of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with. 4 151 Section 10. Fee. At the time the application for a permit to be issued under the provisions of this article is filed with the City Secretary, the applicant therefor shall pay to the City Secretary a permit fee of twenty five dollars ($25.00) annually or for any part of a year thereof, and also for additional inspection fees as outlined below. Should the permit be denied or refused, the applicant will be charged the sum of three dollars ($3.00) as an inspection fee for each wrecker proposed to be operated, and such inspection fee shall not be returned. If the permit is granted, there will be no additional charge for one such wrecker inspection fee and the same shall be included in the twenty -five dollar ($25.00) permit fee. Should the applicant desire to operate more than one wrecker, the three dollar ($3.00) inspection fee shall be charged for each additional wrecker, and such fees must be paid on application for the permit. Section 11. Nonnreference rotation system. The nonpreference rotation system has been established as a means of securing immediate wrecker service in cases of emergency relating to accidents on the public streets, abandoned vehicles on the public streets, and other circumstances of public necessity arising out of law enforcement. The non- preference rotation system, therefore, is subject to the governance of the Police Department in accordance with the provisions of this section. Section 12. Maximum fees established for nonpreference rotation wrecker service. Fees charged by wrecker companies for nonpreference rotation tows, pick ups or related wrecker service shall not exceed the following: (a) To remove any vehicle from any public or private property to any storage area or destination within the City of Nederland, by a standard wrecker, a basic fee may be charged not to exceed the following: Daytime (6:00 a.m. to 6:00 p. m .) ............................$ 65.00 Nighttime (6:00 p.m. to 6:00 a. m.) ...........................$ 75.00 Disconnect driveshaft ......... ..............................$ 20.00 Damage requiring use of dolly or flatbed wrecker ............ $ 25.00 Winch out ( Basic) ............. ..............................$ 25.00 ( Difficult) .............. .........................$25.00 Water Recovery (Completely submerged ) .......................$125.00 Extra wrecker (if required) ... ..............................$ 35.00 (b) A fee for storage of a vehicle shall not exceed the following and shall not be charged during the first twenty -four (24) hours such vehicle is in storage facility: Inside building, per day.. .................................. S 15.00 Covered storage, per day ...... ..............................$ 10.00 Storage in fenced yard, per day .............................$ 8.00 5 152 (c) Fees established herein with respect to nonpreference wrecker calls are inclusive. Additional fees for initial services are prohibited. This restriction does not apply to additional fees charged for subsequent services later requested by the vehicle owner or his agent. Section 13. Liability insurance required. No permit shall be issued under the provisions of this ordinance unless the applicant thereof shall procure and keep in full force and effect a policy or policies of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the State Board of Insurance Commissioners, with the insured provisions of said policy or policies including the City as an insured, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a wrecker of such company and providing that the amount of recovery on each wrecker shall be in limits of not less than the following sums: (a) For damages arising out of bodily injury to or death of one person in any one accident $20,000.00 (b) For damages arising out of bodily injury to or death of two (2) or more persons in any one accident $50,000.00 (c) For injury to or destruction of property in any one accident $10,000.00 (d) The certified insurance form shall be kept on file with the permit application, and it must warrant to the City that the insurance will not be canceled without thirty (30) days prior notice, in writing, to the City. Section 14. Issuance of permit. After the application has been approved by the Chief of Police or his designates of the City of Nederland, Texas, the City Secretary shall issue a permit under the provisions of this ordinance to applicants complying with the provisions hereof. Section 15. Revocation -- Duty upon grounds. The Chief of Police or his designate shall revoke any permit issued under the provisions of this chapter when it finds any of the following: (a) The permit was procured by fraudulent conduct or false statement of a material fact in the written application. (b) The permit holder has violated any applicable provision of this Code, state law or city ordinance, rule or regulation. Section 16. Citv vehicle inspection permit required. In addition to the business permit required by Section 8 above, no person shall operate a wrecker on the streets of the city unless an inspection permit for such wrecker vehicle has been issued for such vehicle by the Chief of Police or his designate of the City of Nederland, Texas. - 6 153 7 Section 17 Minimum requirements for wrecker permits. No city vehicle inspection permit shall be issued under the provisions of this article for any wrecker proposed to be used by the applicant unless said wrecker complies with the following minimum requirements: (a) Said wrecker shall have a current license tag and State inspection sticker. (b) Said wrecker shall be not less than three - quarter (3/4) ton in size and must be equipped with booster brakes. (c) Said wrecker shall be equipped with a power or hand operated winch, winch -line, and boom, with a factory rated lifting capacity (or a city tested capacity) of not less than five thousand (5,000) pounds, single line capacity. (d) Said wrecker shall carry as standard equipment: tow bars, safety chains, wrecking bars, brooms, an axe, and a fire extinguisher meeting fire underwriters requirements and equipped with dolly wheels and axles and approved by the Chief of Police of the City of Nederland, Texas. (e) The Chief of Police shall also determine if the applicant has adequate storage facilities for safe storage of wrecked vehicles. (f) Said wrecker must have the company name, as it appears on the permit, affixed or painted on each side of the wrecker. These letters must be at least 3" in height and a color that contrasts the mass of the background. Section 18. Tax status. No city vehicle inspection permit shall be issued under the provisions of this article to any applicant if the applicant owns any wrecker upon which any delinquent taxes are due the city, nor for any wrecker if the applicant thereof has failed to render same for ad valorem taxation to the City of Nederland. Section 19. Contents. Each city permit required by the provisions of this article shall state that the vehicle for which such permit was issued has been inspection and approved under the direction of the Chief of Police and his designates. Section 20. Transferability. No permit issued under the provisions of this article shall be transferable. Section 21. Suspension or revocation. Any vehicle inspection permit issued under the provisions of this article may be revoked or suspended by the Chief of Police or his designate for the violation of any applicable provision of this Code, any state law, or any city ordinance, rule or organization. 7 154 Section 22. Expiration. Every permit issued under the provisions of this article shall expire at midnight on the thirty -first day of December of the calendar year in which the same was issued. Section 23 Adherence to Federal and State Laws. This ordinance shall be cumulative of all laws of the State of Texas and the United States governing the subject matter of this ordinance. Section 24. Penalty. Any person, either by himself or agent, who shall do any act or thing prohibited by the terms of this ordinance, or in anywhere violate the provisions thereof shall be fined not less than twenty -five dollars ($25.00) nor more than two hundred dollars ($200.00). It shall not be necessary for the complaint to allege or for proof to be made that the act was knowingly done; nor shall it be necessary for the complaint to negative any exception contained in this ordinance concerning any prohibited act, but any such exception made herein may be urged as a defense by any person charged by such complaint. Section 25. Constitutionality. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City Council in adopting this ordinance, that no portion hereof, or provision or regulation contained herein, shall become inoperative or rail by reason of any unconstitutionality or invalidity of any section, sub - section, sentence, clause, phrase, portion, provision or regulation of this ordinance. Section 26. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 27. Publication. This ordinance shall be published by publishing the caption thereof, within ten (10) days after the passage thereof, for three (3) successive issues in the mid county chronicle, the official newspaper of the City of Nederland. Section 28. Effective date. This ordinance shall be effective from and after its passage and publication of the caption as required by law. 8 PASSED, APPROVED AND ADOPTED this the 4_ day of , 1993. Ca/rllNN.^L:B inc, Mayor City of Nederland, Texas ATTEST: o �n `z?a onna Floyd, `Cit V Secretary City of Nederland, Texas APPROVED .AA TO FORM AND LEGALITY: W. E. Sdnderson, City Attorney City of Nederland, Texas 1 G 155 1 ,56 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 9, 1993 TIME & PLACE The meeting was called to order at 6:06 p.m. by Mayor Carl N. LeBlanc 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 Schroeter to approve the minutes of the July 26, 1993 meeting as written. All Voted Aye. WELCOME Mayor LeBlanc welcomed Boy Scout Troop 53 and Troop 232. , PUBLIC HEARING Mayor LeBlanc called a Public Hearing to order at 6:11 p.m. for the purpose of receiving comments on the proposed City of Nederland budget for fiscal year 1993 -1994. Mayor LeBlanc announced that each person wishing to comment will be limited to five minutes. Bobbie VanAuken, 219 - 31 Street, commented that she would like to see more cuts in the budget in order to save for the future so that the City would not have to go in debt with bonds. She added that the City Attorney could be contracted and his monthly salary cut by one -half. Mrs. VanAuken also suggested cutting the City Manager's and Assistant City Manager's salaries, as well as, cuts in the Fire Department and Library. She inquired as to what portion of the Director of Public Works' salary is for engineering services. Mayor LeBlanc stated that his salary is a combined amount. 157 Minutes continued, August 9, 1993 Ernest Bayard, 1324 Detroit, inquired about taxes. He suggested that we give the land which was donated to the City by Sun oil back to them in order to collect more tax dollars. He then asked about hours of commercial garbage collectors in Nederland. He stated that he feels they are collecting garbage much to early on weekends. The City Manager responded that he has contacted the companies to inform them that they are not to begin collecting garbage until 7:00 a.m. Mr. Bayard then stated that he was not aware of the new telephone system and it took him 1 min 23 sec to reach the Police Department. Mr. Sosa responded that flyers were hand delivered to each resident in Nederland informing them of the new telephone numbers. There being no further comments and /or questions the Public Hearing was adjourned at 6:45 p.m. by Mayor LeBlanc. Mayor LeBlanc called a Public Hearing to order at 6:46 p.m. for the purpose of receiving comments relative to the 1993 -1994 proposed tax rate of $.70 per $100 valuation. There being no comments and /or question the Public Hearing was adjourned at 6:47 p.m. by Mayor LeBlanc. TAXES - APPRAISAL A motion was made by Mayor LeBlanc and seconded DISTRICT by Councilman Doornbos to approve the 1993 appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. John Fisher, 2703 Nashville, stated that he has always appreciated the City for trying to keep taxes down in Nederland. He asked why the tax rate was going up by $.03. The City Manager responded that the tax rate will remain the same as last year, but due to values increasing there will be an increase in dollars collected by the City. Mr. Raymond Scott, Business Agent for AFSCME Local 385, read a letter addressed to the Mayor and Council asking for their consideration to grant all City employees the same economic increase that may be granted to the police and fire employees. There being no further comments and /or questions the Public Hearing was adjourned at 6:45 p.m. by Mayor LeBlanc. Mayor LeBlanc called a Public Hearing to order at 6:46 p.m. for the purpose of receiving comments relative to the 1993 -1994 proposed tax rate of $.70 per $100 valuation. There being no comments and /or question the Public Hearing was adjourned at 6:47 p.m. by Mayor LeBlanc. TAXES - APPRAISAL A motion was made by Mayor LeBlanc and seconded DISTRICT by Councilman Doornbos to approve the 1993 appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. 158 Minutes continued, August 9, 1993 TAXES - GENERAL A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to adopt a tax rate of $.70 per $100 for the fiscal year beginning October 1, 1993 and ending September 30, 1994. All Voted Aye. ORDINANCES, A motion was made by Councilman Paulus and RESOLUTIONS & seconded by Mayor LeBlanc to approve Ordinance PROCLAMATIONS No. 416, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Ordinance No. 417, an ordinance establishing rules and regulations for telephone solicitation. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve an Amendment to Ordinance No. 187, the emergency management ordinance. All Voted Aye. SPECIAL MEETING A motion was made by Councilman Doornbos and ' seconded by Mayor LeBlanc to table calling for a Special Meeting to be held August 12, 1993 for the purpose of adopting the 1993 -94 fiscal budget. All Voted Aye. TRAFFIC Ron Arceneaux, Arceneaux and Gates Consulting Engineers, presented the results of a study investigating the need of traffic control devices along South 17th Street. Mr. Arceneaux recommended placing "No Parking Here to Corner" signs at least 200 feet from inter- sections with Avenue E. He also recommended warning drivers of reverse curves by placing such signs about 400 feet from the beginning of the curves and to place a reduce speed sign along with the reverse curve signs. Residents in attendance who were opposed to these recommendations were: Shirley McCowan, 603 South 17th Street, Kathy Sauceda, 412 South 17th Street and Becky Prejean, 519 South 17th Street. Homer Nagel, 405 - 14th Street, suggested a large flashing light (like the one on South 14th Street) be placed on the curves. Minutes continued, August 9, 1993 After a lengthy discussion the City Manager stated that he would prepare an ordinance for the next Council Meeting to reduce the speed limit as well as place reverse curve signs on South 17th Street. SUBDIVISIONS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to approve the Planning and Zoning Commission's recommend- ation on the replat of Atrium Place, Section II. All Voted Aye. CONFERENCES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize the City Secretary to attend the Texas Municipal Clerk's Legislative Update in Denton, Texas August 19 -20, 1993. All Voted Aye. RECESS A recess was called at 8:23 p.m. by Mayor LeBlanc. The meeting was called back to order at 8:32 ' p.m. by Mayor LeBlanc. BIDS Kent Walston, Assistant City Manager, opened and read bids received for handheld meter reading devices; utility billing system; and, computer hardware. 1. Handheld Meter Reading Devices Bidders were as follows: Datamatic, Inc., Richardson, TX, No Bid; and, AVR, Inc., Houston, TX - $20,365.00. 2. Utility Billing Software System Bidders were as follows: AVR, Inc., Houston, TX - $21,139.00. 3. Computer Hardware Bidders were as follows: Discovery Computer, Nederland, TX - $12,880.00; C & I Computers, Port Arthur, TX - $12,969.00; and, Triangle Computers, Beaumont, TX - $13,983.85. 159 164 Minutes continued, August 9, 1993 BIDS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to refer bids received for handheld meter reading devices, utility billing software system; and, computer hardware to the City Manager and staff for tabulation with recommendation to be made at a later Council meeting. All Voted Aye. POLICIES AND A motion was made by Councilman Doornbos and PROCEDURES seconded by Councilman Paulus to authorize the Nederland Police Department to escort Nederland High School busses to out of town football games. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc., in the amount of $31,153.93, for engineering services during the design phase of the water treatment plant project. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize payment of the bills for the month of July, 1993. All Voted Aye. ' COMMUNICATIONS Ty VanAuken, 219 - 31 Street, asked if recycling reduces the waste being hauled to the City of Beaumont landfill. The City Manager responded that recycling alone reduces the waste by approximately 5 %, and due to the chipping and composting of green waste the total reduction is 40 %. Mr. VanAuken then asked if the City had considered recycling itself instead of contracting with another company. Mr. Sosa stated that it would be more costly for the City to do it. Mr. VanAuken added that other cities have increased sales tax in order to fund landfills. Mr. Sosa responded that if a city raises sales tax it must then lower property tax. Mr. VanAuken asked for a copy of the study which was done which ultimately led to once -a -week garbage service. The City Manager stated he would try to find it for him. Bobbie VanAuken, 219 - 31 Street, read a portion of V.T.C.S. 6252 -17a which summarily states that a citizen requesting copies of 50 pages or less shall be furnished without charge or at a reduced rate if the governmental body determines that waiver of Minutes continued, August 9, 1993 the fee is in the public interest. She added, Ga LaDonna Flo i, City Secretary City of Nederland, Texas 1 161 therefore, that we should not be charging her for copies she is requesting. Mrs. VanAuken then asked if the City is keeping certified agendas or tapes of all Executive Sessions. Mayor LeBlanc answered yes. She then stated that she took pictures of a City motor grader doing work on private property at Basco Lumber Company. Mayor LeBlanc stated that we were doing repairs to his driveway due to the fact that the City had damaged it during the process of repairing a water line. Ernest Bayard, 1324 Detroit, stated that he is disappointed in the City of Nederland with such things as students reading meters and Jefferson County collecting taxes. He added that in his opinion the Mayor and City Council should resign from their duties. Councilman Moss reported an area at Nederland Avenue and Twin City Highway needs to be repaired. Mr. Sosa stated that he will contact the Highway Department concerning this area. ' ADJOURN There being no further business, the meeting was adjourned at 9:03 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Ga LaDonna Flo i, City Secretary City of Nederland, Texas 1 161 16 `z Date I 1 ;•. +.:i::i3.i ii:: i;ytt:. ^>::ii >. � :1 -: :. T :::::::::::::.:............. ...................:.,.::::c::: ::: v:..:.........:..:.... :::.i:tc3::tcy <;. A.:•• np5.:,'> 4..:? 3..:,. o:: :.::..t�.,.::E:::.»::.::..,,i,: :.. .. 3 '':: ': � ': .'.' i>i. ii .i: .:: n: :ii••.i'. .i::'ii: .n::..i:';: viii.`.: : ✓i::.t`t`.in:':::t.tt:::: o; :.;t :!t3i:3:v:':..;,;g:4 H. .• �:: �. �����. i::.;. isa::.. ii: i:. iiiiiiiiiiii:. i:. i:. is .i:.iiiiiiii:i.i3iiii::::.:::.: >..:: iii;::. >:::3;i3:<:iii::33;iiit. iii::;: 3> 3: ii:: 33> 3:: 3:: i,. 33iiii:.::< a. 3; a;.;i r.:> i::. 33i<<.;:>: 33><.:>:::;:< .;:::::ii: >.<:::.;,i >i:3ii:�.;: .................... Name Title Present Absent Carl N. LeBlanc Mayor ✓ Melvin L. Moss Councilman — Ward I ✓ Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 ✓ ✓ LaDonna Floyd City Secretar D. E. Sosa City Manager ✓ Kent Walston Assistant City Manager ✓ Steve Hamilton Director of Public Works ✓ Ae nAge +h 6eDre6 ss,�Syaat Chief of Police ✓ Mike Lovelady Fire Chief ,✓ James Byers Building Official ✓ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. E. Sanderson City Attorney Mayor Date I 1 1 163 ORDINANCE NO. 416 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994, 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 Hearing was held by the City Council on the proposed budget August 9, 1993, 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 s the um of Five Million, eight hundred ninety thousand, eight hundred ninety -six dollars and no cents ($5,890,896.00) 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 -seven thousand, seven hundred eight dollars and no cents ($1,697,708.00) 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, five hundred ninety -seven thousand, thirty -eight dollars and no cents ($2,597,038.00) 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 eighty -eight thousand, six hundred three dollars and no cents ($788,603.00) 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 One thousand five hundred dollars and no cents ($1,500.00) 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 Six thousand, three hundred dollars and no cents ($6,300.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 7. MID - COUNTY MUNICIPAL LEAGUE DISPATCHING FUND That there be and is hereby appropriated the sum of Two hundred fifty - seven thousand, eight hundred thirty -nine dollars and no cents ($257,839.00) to the Mid - County Municipal League Dispatching 164 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 Sixteen thousand, four hundred seven dollars and no cents ($16,407.00) 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, 1993, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1993 and ending September 30, 1994, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT the budget for the 1993 -94 fiscal year be increased for valid outstanding encumbrances of the 1992 -93 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 q DAY OF AUGUST, A.D., 1993. Carl N. "Cropo',Y LeBlanc, Mayor City of Nederland, Texas ATTEST: (.� L <,-I La Donna Floyd, City Secretary City of Nederland, Texas 165 CITY OF NEDERLAND ORDINANCE NO. 417 AN ORDINANCE ADOPTING A TELEPHONE SOLICITATION ORDINANCE FOR THE CITY OF NEDERLAND; PROVIDING LICENSING OF TELEPHONE SOLICITING; PROVIDING A PENALTY FOR VIOLATION OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN CAPTION FORM ONLY; PROVIDING AN EFFECTIVE DATE. ARTICLE I. GENERAL PROVISIONS I. DEFINITIONS. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADVERTISEMENT AND ADVERTISING: A notice or announcement designed to attract public attention or patronage. As used in this chapter, the terms shall include oral notices communicated within the City via radio or television and written notices distributed within the City via public newspaper. AGENT: Any individual or organization that engages in solicitation or collection under the sponsorship of, or on ' behalf of, any solicitor. CHARITABLE OR WELFARE PURPOSED: The use, actual or represented, of money or property to benefit in any manner, poor, impoverished, destitute, underprivileged, needy, sick, refugee or disabled persons; the use, actual or represented, of money or property for patriotic purposes, such as the teaching of patriotism or the relief or assistance of any veteran, or the benefit of any veteran's organization or association, or any purpose purporting to aid the defense or general welfare of the United States of America, or any state or nation, or for the relief of any race or group of people; the use, actual or represented, of money or property for civil purposes such as social or cultural functions or the improvement or beautification of any state, city or community; the use, actual or represented, or money or property for the benefit of any fraternal, social, service or athletic organization, or any member or group of members of such fraternal social, service or athletic organization or association; the use, actual or represented, of money or property for the benefit of existing educational institutions, or for the establishment or endowment of education institutions, or for the aid and assistance of the education of any person or group of persons. SOLICITOR: The organization or person upon whose behalf or under whose sponsorship a solicitation is made. The solicitor shall be considered the principal of all agents. TELEPHONE SOLICITATION: Solicitors making initial contact with prospective contributors by using the telephone, or other communications devices utilizing telephonic transmission facilities, including but not limited to facsimile machines, cellular, or other wireless telephones. II. EXEMPTIONS. The provisions of this chapter shall not apply to any church, congregation, religious society, sect, group or order, any political group or organization soliciting funds for 166 ARTICLE II. REGISTRATION REGULATIONS REGISTRATION AND ISSUANCE. (A) Any person desiring to solicit funds by telephone for charitable or welfare purposes in the City, as solicitor, shall register with the Building Official in writing. Registration shall also be required for any person or organization that engages a professional fund - raiser to solicit funds on their behalf. Such registration shall show the following: or any co- non - charitable and no- welfare political purposes equal political subdivision that has procedures and reporting criteria for charitable solicitations. III.FRAUD. No person or organization shall perpetrate the deception of fraud in connection with the solicitation of charitable contributions for charitable purposes. IV. MISREPRESENTATION. No person or organization shall perpetrate, by act, error or omission, the misrepresentation of any fact in connection with the solicitation of charitable contributions. V. BASIC STANDARDS FOR CHARITABLE ORGANIZATIONS: The City of Nederland encourages charitable organizations to conform with standards which are recognized by such national organizations as the National Charities Information Bureau, and the council of Better Business Bureaus. Those standards include: (A) BOARD: A charitable organization shall have an active and responsible governing body that holds regular meetings, whose members serve without compensation and do not engage in other business activities in which they have materially - conflicting interests. (B) PURPOSE: A charitable organization shall make public a clear statement of the organization's charitable purpose. (C) PROGRAM: A charitable organization's program shall be ' consistent with the organization's stated purpose. (D) EXPENSES: Fund raising costs and administrative costs shall be reasonable. A reasonable percentage of all revenues shall be applied to programs and activities directly related to the purpose for which the organization exists. (E) PROMOTION: Promotion and information, disseminated by any means, shall be completely accurate and truthful, and not in any way misleading. (F) FUND- RAISING: A charitable organization shall maintain control over all fund - raising activities conducted by staff, volunteers, consultants, and contractors. Fund - raising shall be conducted without undue pressure. (G) ACCOUNTABILITY: A charitable organization shall make available upon request an annual report and /or complete annual financial statements containing all information concerning the organization's finances and tax - exempt status. (H) BUDGET: A charitable organization shall operate in accordance with a detailed annual budget approved by the governing board. ARTICLE II. REGISTRATION REGULATIONS REGISTRATION AND ISSUANCE. (A) Any person desiring to solicit funds by telephone for charitable or welfare purposes in the City, as solicitor, shall register with the Building Official in writing. Registration shall also be required for any person or organization that engages a professional fund - raiser to solicit funds on their behalf. Such registration shall show the following: 167 ARTICLE III. ENFORCEMENT PENALTY. Any person or organization that violates or fails to comply with any required provision of this chapter shall be fined not less than $25.00 nor more than $200.00. Each violation or failure to comply, whether by act, by refusal to act, or by neglect, shall constitute a separate offense. Successful prosecution shall not require (1) the name of the registrant; (2) the nature of the registrant, whether a natural person, partnership, corporation or association; (3) if the registrant is a partnership, corporation, or association, a mission statement or statement of the purpose of the organization; (4) the charitable purposes for which the funds are to be solicited; (5) the period within which the solicitation of funds is to be made, giving the beginning and ending dates; (6) a complete outline of the methods and means by which the solicitation of funds is to be accomplished; (7) the total amount of funds proposed to be raised; (8) the names, addresses, and phone numbers, of all individuals who will act as agents for the registrant, and the names, addresses, and phone numbers of any organization or company employed by the registrant to participate in such solicitation; (9) if the registrant is a charitable corporation or other organization to which contributions are tax deductible for federal income tax purposes, proof of its current status ' as such an organization, which proof can include reference to a United States Internal Revenue letter filed with previous applications or registrations; (B) The correctness and truthfulness of the registration and financial statements and reports shall be signed, sworn to and notarized under the penalty of perjury and /or other legal sanctions, by the registrant if a partnership, by a member of the firm; or if a corporation, trust or association, by one of its officers or trustees. (C) No person or organization shall solicit charitable contributions unless a system of accounting is maintained whereby all transactions are entered upon the books or records of the person or organization, either on the cash or accrual basis, according to established and customary accounting principles. HOURS OF SOLICITATION: (A) No person shall solicit any charitable contributions by telephone between the hours of 9:00 p.m. and 9:00 a.m. (B) No child under the age of 12 years shall solicit any charitable contribution unless under the direction of a responsible person who is 18 years of age or older. ARTICLE III. ENFORCEMENT PENALTY. Any person or organization that violates or fails to comply with any required provision of this chapter shall be fined not less than $25.00 nor more than $200.00. Each violation or failure to comply, whether by act, by refusal to act, or by neglect, shall constitute a separate offense. Successful prosecution shall not require allegation or proof that any violation or failure to comply was knowingly done; any complaint may negate any exception contained in this chapter, but any such exception made herein may be used as a defense by any person or organization charged by such complaint. violations of this chapter may also constitute separate offenses under Texas Penal Code, and could incur civil liability. ARTICLE IV. SEVERABILITY Should any section, provision or part of this Ordinance be declared to be unconstitutional and void by a Court of competent jurisdiction, such decision shall in no way affect the validity of any remaining parts of the Ordinance, except the part hald unconstitutional or void or inseparable from and indispensable to the operation of the remaining parts. The CITY COUNCIL hereby declares that it would have passed those parts of this Ordinance which are valid and omitted any parts which may be unconstitutional at the time of passage of this Ordinance. ARTICLE V. EFFECTIVE DATE This Ordinance shall become effective after its publication and passage at a regularly scheduled meeting of the CITY COUNCIL of the CITY OF NEDERLAND, TEXAS. PASSED by the CITY COUNCIL of the CITY OF NEDERLAND the q day of �T 1993. Carl N. LeBlanc, Mayor ' City of Nederland, Texas ATTEST: (�r�•ri.^v� o ln�..ici LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. S�ersn. Attorney City of Nederland, Texas 1 169 CITY OF NEDERLAND AMENDMENT TO ORDINANCE NO. 187 AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF NEDERLAND; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. WHEREAS, the City Council of the City of Nederland finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on -going concern of the City if the lives and property of the populace are to be protected; and ' WHEREAS, the City Council hereby declares that the preparation of the Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property in the City of Nederland from natural or man - caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate ;and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. ORGANIZATION There exists the office of Emergency Management Director of the City of Nederland, which shall be held by the Mayor in accordance with State law. (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; (b) The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. He /she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. (c) The operational Emergency Management organization of the City of Nederland shall consist of the officers and employees of the City so designated by the Director in the emergency management plan, as well as organized 170 volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWER B AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Conduct an on -going survey of actual or potential hazards which threaten life and property within the City and an on -going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (b) Supervision of the development and approval of an emergency management plan for the City of Nederland, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (e) Direction and control of the operations of the Nederland Emergency Management organization as well as the training of Emergency Management personnel. (f) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (g) Maintenance of liaison with other municipal, County, District, State, regional or federal Emergency Management organizations. (h) Marshaling of all necessary personnel, equipment, or supplies from any department of the City to aid in the carrying out of the provisions of the emergency management plan. (i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political subdivisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County -wide coordination of Emergency Management efforts. 171 (k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in the Texas Disaster Act of 1975, Vernon's Texas Codes Annotated, Government Code Chapter 418. Section 3. EMERGENCY MANAGEMENT PLAN A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of texas. Insofar as possible, the form of organization, titles, and terminology shall conform to recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster. Section 4. INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judge of the County of Jefferson and the mayors of the other cities in said County in the formation of an interjurisdictional emergency management program for the County of Jefferson, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County -wide program of emergency management insofar as said program may affect the City of Nederland. Section 5. OVERRIDE At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Section 6. LIABILITY This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Nederland, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation (j) Supervision of, and final authorization for, the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. (k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in the Texas Disaster Act of 1975, Vernon's Texas Codes Annotated, Government Code Chapter 418. Section 3. EMERGENCY MANAGEMENT PLAN A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of texas. Insofar as possible, the form of organization, titles, and terminology shall conform to recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster. Section 4. INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judge of the County of Jefferson and the mayors of the other cities in said County in the formation of an interjurisdictional emergency management program for the County of Jefferson, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County -wide program of emergency management insofar as said program may affect the City of Nederland. Section 5. OVERRIDE At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Section 6. LIABILITY This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Nederland, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation 172 promulgated pursuant to the provisions of this ordinance shall be `. liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Nederland a license of privilege, or otherwise permits the City to inspect, designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack or natural or man -made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Section 7. COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and /or commit public funds of the City when deemed prudent and necessary for the protection of health, life, or property. Section 8. OFFENSES; PENALTIES (a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. (b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of Nederland, unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. (d) Convictions for violations of the provisions of this ordinance shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). Section 9. SEVERABILITY If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Section 10. LIMITATIONS This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. Section 11. REPEALER All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. READ AND APPROVED this the day of 19 93 . 0 , ATTEST: Donna Floyd, City Secretary �I 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 173 174 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 23, 1993 TIME & PLACE The meeting was called to order at 6 :00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Mrs. Brenda Warren, Librarian. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve the minutes of the August 9, 1993 meeting as written. All Voted Aye. EXECUTIVE SESSION An Executive Session was called to order at 6:02 p.m. by Mayor Carl N. LeBlanc for the ' purpose of: Deliberation #1 - to receive a report on negotiations of collective bargaining contracts for Fire and Police Departments as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S.; and, Deliberation #2 - to discuss evaluation of employees and job descriptions as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252 -17, Section 2(g), V.T.C.S. The Executive Session was adjourned at 7:02 p.m. by Mayor Carl N. LeBlanc and the regular meeting was reconvened. Mayor LeBlanc announced that Deliberation #1 was for informational purposes only and no action was necessary. On Deliberation #2 the City Manager was directed to schedule a Work Session in order to discuss the Wage and Salary Classification Plan. CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize the extension of water and /or sewer lines into Williamson Addition (outside city limits but within the extraterritorial jurisdiction) under the City's current practices pertaining to outside city limits. All Voted Aye. 175 Minutes continued, August 23, 1993 CONTRACTS A motion was made by Councilman Doornbos and seconded by Councilman Moss to authorize the City Manager to negotiate a contract with the Jefferson County Peace Officers' Association for the development and operation of a shooting range at the Mid - County Municipal League landfill site. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bids received for: handheld meter reading devices to AVR, Inc., Houston, TX in the amount of $20,365; utility billing system to AVR, Inc., Houston, TX in the amount of $17,681; and, computer hardware to Discovery Computers, Nederland, TX in the amount of $12,880. All Voted Aye. Kent Walston, Assistant City Manager, opened and read bids received for janitorial services. Bidders were as follows: Southeast Texas Building Services, Nederland, TX in the amount of $831.67 /month; and, Professional Maid Services, Nederland, TX in the amount of $1,285.77 /month. ' A motion was made by Mayor LeBlanc and seconded by Councilman Moss to refer bids received for janitorial services to the City Manager and staff for tabulation with recommendation to be made at a later Council meeting. All Voted Aye. ORDINANCES, A motion was made by Councilman Doornbos and RESOLUTIONS & seconded by Councilman Schroeter to table PROCLAMATIONS approval of an Amendment to Ordinance No. 333 and directed the City Manager and staff to study the possibility of making the ordinance retroactive and mandatory. All Voted Aye. GRANTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve the selection of Schaumburg & Polk as the engineer for the Regional Wastewater Study grant. All Voted Aye. COMMUNICATIONS Jess Fuller, 1803 Avenue K, and Betty Dixon, Executive Director of the Nederland Chamber of Commerce, thanked the Council relative to their recent passage of the telephone solicitation ordinance. 176 Minutes continued, August 23, 1993 Mary Lee, 2424 Avenue G, stated that she felt the five to six minute time limit placed on citizens was unfair. She then read Article 3, Section 3.13 of the City Charter which states that all meetings shall be open to the public and they shall have a reasonable opportunity to be heard at any such meeting. She then asked about expenditures by the City Attorney to attend a recent conference. Mrs. Lee also questioned the City Attorney's salary. Councilman Doornbos responded that the original salary of the City Attorney was $1,361.00 and when a Prosecuting Attorney was hired to conduct the business in the Municipal Court his salary was $300.00, which was deducted from the City Attorney's salary, therefore, reducing Mr. Sanderson's salary to $1,061.00 Mrs. Lee then read a list of check numbers and asked for clarification on how the money was spent. The City Manager stated that he would have the City Treasurer pull the checks in question to let her know what they were for. Mrs. Lee then questioned the salaries of the Mayor and Council and checks written for them to attend a conference in Plano. Councilman Doornbos stated that City policy allows for a $100 /day advance to attend conferences and upon their return they present ' all receipts to the Treasurer and are either reimbursed for their out -of- pocket expenses or refund to the City for any overpayment. She added that at a recent meeting Mr. Sosa stated that one area in the proposed budget which has been cut was expenses for out of town conferences, then she went on to ask why $3,400 has been budgeted for Council reimbursement and $11,000 for travel expenses. Mr. Sosa responded that the $3,400 is for their monthly expenses and part of their travel expenses are in the City Manager's budget and part in the Police Department, he added that they will attend 2 or 3 conferences. She then asked what are the conferences for and why do they need to attend. Councilman Doornbos responded that conferences are the only type of education for Councilmembers and they give members an opportunity to receive valuable information from different cities all over Texas. Bobbie VanAuken, 219 - 31 Street, stated that she would like to address the Council relative to private companies use of City of Nederland equipment. She referred to a letter from Excavators and Constructors which was read at 1771 Minutes continued, August 23, 1993 a recent meeting where Mr. Braxton states that Mr. D. E. Sosa, City Manager, responded that in his job he has always tried to help citizens and organizations with their problems. He added that he will do as Council has directed him to do by letting anyone asking for special help know that City policy prevents him from assisting them. it is a common practice between his company and other cities to use each other's equipment. Mrs. VanAuken added that she called the other cities mentioned and they said that they do not have a policy of allowing private companies to use city equipment. She stated that it is against the law to cover logos on any public equipment. She then stated that the City of Nederland should adopt city policies and stick to them. Mrs. VanAuken suggested that we have policies stating that we cannot loan equipment, cannot work on private property, etc. and this would relieve the City from being indebted to anyone and feeling that they have to repay for favors done. Councilman Paulus stated that he appreciates her concern about past practices and feels that they are working diligently to correct them. He added that he will take responsibility for poor judgement in allowing a contractor to use city equipment and he guarantees it will not be done in the future and that the City Manager does not have the authority to continue such practices. Councilman Doornbos stated that they will take the advisement of the City Attorney as to ' passing an ordinance, resolution or written policy to avoid these types of practices in the future. Mr. D. E. Sosa, City Manager, responded that in his job he has always tried to help citizens and organizations with their problems. He added that he will do as Council has directed him to do by letting anyone asking for special help know that City policy prevents him from assisting them. Ty VanAuken, 219 - 31 Street, asked for confirmation of a statement made by Councilman Paulus at the July 26th meeting regarding a $2,000,000 increase revenue in the water and sewer department due to the implementation of a meter program by Kent Walston. Mr. Sosa stated that it was not $2,000,000 and Council- man Paulus said that he had misquoted the exact amount. The City Manager said that a presentation by Kent Walston will show the exact figures. Mr. Walston briefed the Council on the 1991 expected revenue versus actuals. He added that due to meter replacements, meters being unburied and meters being read every month revenue has increased. Total collected was $1,085,279 for fiscal years 1991 -1992 and 1992 -1993. 1"78 Minutes continued, August 23, 1993 Don Pickard, 3303 Avenue M, asked if there is a cushion in the 1993 -94 budget for Fire and Police Department salary increases. Mr. Sosa responded that there is not a cushion or contingency for increases. Mr. Pickard then asked Councilman Paulus for a copy of a salary survey that he stated on July 28th which indicated that the City of Nederland super- visors were underpaid relative to other cities, comparable in size, throughout the State, and he also asked who conducted the survey. Councilman Paulus stated that the survey was first conducted by the City of Groves and then Nederland did one and both indicated the same results. Mr. Sosa informed Mr. Pickard that he could obtain a copy. Mr. Pickard asked why the City of Nederland did not use a zero based budget. Mr. Sosa stated that we did in fact use a zero based budget. Mr. Pickard then asked if the City's American Express Corporate Card was approved by Council. Councilman Paulus stated that it was approved at a Council Meeting. Mr. Pickard then inquired as to whose name the account is in. The City Manager responded that one card is in his name and the other is in Mayor LeBlanc's name. Ronnie Trahan, Little League District 32 representative, approached the Council to offer the league's appreciation for all the support they have received for many years. He added that many children have been given the opportunity to play baseball due to the City's, as well as city businesses and organizations, willingness to work with Little League. Mr. Trahan stated that without the support of the Council and community Little League would not be celebrating it's 55th anniversary. Ron Robertson, 907 South 23rd Street, stated that as a taxpayer in the City of Nederland he would like to have some clarification on some accusations made by Bobbie VanAuken at the July 12th Council meeting. He asked if any proven documents have been presented by Mrs. VanAuken verifying the allegations made against a Councilman using a city trash truck for personnel use and allegations against Kent Walston using a Meter Department truck and employee to assist him moving into his new home. Mr. Sosa responded that no such documents have been presented to him and he could find no such evidence or witnesses. Mr. Robertson added that he would like to have the proof of the allegations presented by the next Council meeting or he would assume these 1 Minutes continued, August 23, 1993 remarks are just gossip and have no validity. Ernest Bayard, 1324 Detroit, approached the Council with regard to his being omitted from the Agenda. Mr. Bayard stated that he had requested to be on this agenda. He presented a list of questions, in writing to the Council, and requested a written response. Mayor LeBlanc informed Mr. Bayard they would be happy to respond to his questions in writing. PAYMENTS He then explained that he is a personal friend of Kent Walston and he, along with family members and church members, assisted Mr. Walston in moving into his new residence and at no time during the weekend of May 28th did he witness any City equipment or employee helping with the move. Mr. Robertson added that it is our constitutional right to vote and be heard and every community needs citizens to attend meetings, get involved and ask questions - but questions that have validity and substance. He stated that as citizens we do have the right to request information relative to city employees rights and funds. He felt that the manner in which this recent investigation is being conducted appears to be a personal crusade instead of the best interest of the City. Mr. Robertson added that Nederland has become the laughing stock of Jefferson County and hopes this does not deter new businesses and citizens from moving to Nederland. He also stated that every government body needs "watch dogs" to ensure that our leaders will act in the best interest of the citizens and he commends those persons who bring issues to the attention of elected officials and hope all citizens continue this practice in a constructive manner. Ernest Bayard, 1324 Detroit, approached the Council with regard to his being omitted from the Agenda. Mr. Bayard stated that he had requested to be on this agenda. He presented a list of questions, in writing to the Council, and requested a written response. Mayor LeBlanc informed Mr. Bayard they would be happy to respond to his questions in writing. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc. in the amount of $17,160 for engineering services during the design phase of the Water Treatment Plant project. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Councilman Moss to authorize payment to Provost and Umphrey Law Firm in the amount of $233.95 for services rendered in connection with Jake Waller vs. the City of Nederland. All Voted Aye. 179 180 Minutes continued, August 23, 1993 COMMUNICATIONS Councilman Moss asked about the repairs to the (CONT.) road at Twin City Hwy. @ Nederland Avenue. The City Manager responded that he will contact the Highway Department again about their progress. Councilman Schroeter inquired into the problems with commercial garbage collectors picking up garbage before 7:00 a.m. Mr. Sosa responded that he has talked to BFI and they are going to try and comply with our request voluntarily. Councilman Paulus commended citizens for getting involved in their community and urged them to continue to make themselves aware. He added that the Council is willing to listen and take suggestions. Councilman Paulus continued by saying we are all trying to obtain the same goal - to make Nederland a well run city government. He added that we appreciate all the positive input. Bobbie VanAuken, 219 - 31 Street, asked Councilman Paulus if the citizens ask questions do they really check into them. She then added that at the first meeting she attended she did not make allegations and that ' she ended each statement with "Is this true and what are the particulars ? ". Mrs. VanAuken contended that as far as she is concerned she does not have to prove anything and she does check out all things that are brought to her attention. She added that if she does not get the proper answers from the Council she will go to whatever sources are available to obtain her answers. Councilman Doornbos inquired about the situation on South 17th Street. Mr. Sosa stated that he has met with the Police Chief and Engineer on this problem. Chief Neal suggested we post the reverse curve sign with a recommended 20 mph sign. The City Manager added that this procedure will be used to try to alleviate the problem. Councilman Doornbos then inquired as to the progress of the proposed annexation. Mr. Sosa stated that the Director of Public Works has asked for a Work Session with the Council to give a report on the progress. Councilman Doornbos commented on Ron Robertson's statement that the atmosphere the City of Nederland finds itself in at this time is hurtful. He added that when things hurt the City they in turn hurt him. Councilman Doornbos reiterated that the present Council is trying very hard to better the City. He also stated that he really Minutes continued, August 23, 1993 appreciates the citizen participation and believes in suggestions being presented in a constructive manner. Councilman Doornbos denied the reference made about him at an earlier meeting which stated that he used a city trash truck for personal use and if it were true he should have been reprimanded. In conclusion, he said that if we could take what appears to be a publicity gain for the news media and turn it around in such a way to get constructive comments and constructive criticism then the City of Nederland could turn negative to positive. ADJOURN There being no further business, the meeting was adjourned at 8:48 p.m. by Mayor Carl N. LeBlanc. - ( L/,,/ - Carl N. Le lanc, Mayor City of Nederland, Texas ATTEST: LaDonna no-yd, /City Secretary City of Nederland, Texas 181 Mayor LeBlanc reported that the Highway Department needs to be informed of the drainage problems on Twin City Hwy. from Boston Avenue to Hwy. 366. He then stated that he would like to reiterate the comments of Councilman Paulus and Councilman Doornbos. Mayor LeBlanc added that he has lived in Nederland most of his life and he has always prided himself on doing what he thought was in the best interest of Nederland and said he would never do anything to intentionally hurt the City. Mayor LeBlanc added that the Council is trying to correct problems. He ' stated that the City of Nederland does have problems but we are fortunate compared to some other area cities who have been forced to layoff employees and cut back on services. He concluded by saying thank you on behalf of the Council and City Staff to all the citizens. ADJOURN There being no further business, the meeting was adjourned at 8:48 p.m. by Mayor Carl N. LeBlanc. - ( L/,,/ - Carl N. Le lanc, Mayor City of Nederland, Texas ATTEST: LaDonna no-yd, /City Secretary City of Nederland, Texas 181 182 ..................:...................................................:.......:....... t..,.... z. ..i:...,�............:......:.. .. .:. ....'�... v.. ..:. .v. a..:.. $t "ewt`ciii +i ii:o r.:Jtc:NCi ii:tn:ciir`• v....:.v:.v....,..a:. .... :.... x.:./:.:;••; v .::..:.....:.. ..n.::::.:.......t.,x.,ttt••Fii :v.:: / /.;:v5'i:'f.C: ^: `:::.,: "::.: ..t..: ,. .,.: .::.:. : :i:R:i...i'.v:::::::.ui.;v..ni "tai':t t.iirn•:::ai:: t!i::: iC"c,. ::::ny.o.i. i:•i G`:i .. .. ..... rx. : .................. ........................�.i.v:: i.oi :vv.:::... ::.... ttbt :t :.:::..:.:v: .:::n: f. �... ..1 ...: q. M . ..................... .........:..................... :.... :.... `oj:s' }j;:jti:ai.,.; �..,yi. " / ::.. ::l �:j�:( � : :...:. .: .. .: .: ... .. .: ... .. .:.......................... ...........................:.:: n:: n.......$...., .::.::nv: nvw: ::. i;:.n..v.:: i'i:4ynjii ::: t:::li.::.th:: ii ;.vii:i:i:t):::�tt•'f.•i >i'.;:: v<::,t: »t�liv::"I::.........':: Name Title Present Absent Carl N. LeBlanc Mayor i Melvin L. Moss Councilman — Ward 1 ✓ Will E. Schroeter Councilman — Ward 2 W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 LaDonna Plod City Secretaryi✓ D. E. Sosa City Manager ✓ Kent Walston Assistant City Manager ✓ Steve Hamilton Director of Public Works � Billy Neal Chief of Police ✓ Mike Lovelady Fire Chief ✓ James Byers Building Official C Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer t✓ Bobby Kelly Parks Director ✓ W. E. Sanderson City Attorney 1 1� �a39� Date 183 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 13, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the minutes of the August 23, 1993 meeting as written. All Voted Aye. POLICIES A motion was made by Councilman Paulus and seconded by Councilman Moss to table approval of the 1993- 1994 Wage and Salary Classification Plan and continue use of the 1992 -1993 Plan. All Voted Aye. ORDINANCES, Mayor Carl N. LeBlanc presented a Proclamation to RESOLUTIONS & Charles Harris, President of the United Board of PROCLAMATIONS Missions, declaring September 12 -19, 1993 as "United Board of Missions Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve a Proclamation declaring September 12 -19, 1993 as "United Board of Missions Week" in Nederland, Texas. All Voted Aye. COMMUNICATIONS Kay Tanner, Hillcrest Elementary School, addressed the Council relative to the H.O.S.T.S. (Helping One Student To Succeed) Program. Ernest Bayard, 1324 Detroit, discussed the City's new telephone system. Don Pickard, 3303 Avenue M, asked questions regarding the City's wage and salary classification plan and the zero based budget. Bobbie VanAuken, 219 -31st Street, inquired about cash shortages, City finances, Texas Open Records Act, and municipal assets. 194 Minutes continued, September 13, 1993 COMMUNICATIONS Ty VanAuken, 219 - 31st Street, discussed the City's (CONT.) wage and salary classification study, once /week garbage service study, and citizen participation at Council Meetings. BIDS D. E. Sosa, City Manager, opened and read bids received for one (1) 1993 4 -door police car. Bidders were as follows: Buddy Chevrolet, Port Arthur, TX - $13,132.00; Philpott Ford, Port Neches, TX - $15,428.50; and, Wickersham Ford, Orange, TX - $13,893.00, alternate bid for 1994 4- door police car - $12,994.00. Mr. Sosa stated that bids will be tabulated with a recommendation made at the next meeting. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to award bids received for janitorial services to Southeast Texas Building Services, Nederland, Texas. All Voted Aye. FINANCE - A motion was made by Mayor LeBlanc and seconded by AUDIT Councilman Moss to authorize Audrey Wheeler, C.P.A., to conduct the City's annual audit for fiscal year 1992 -1993. All Voted Aye. ' ORDINANCES, A motion was made by Councilman Paulus and seconded RESOLUTIONS & by Councilman Doornbos to remove from the table an PROCLAMATIONS Amendment to Ordinance No. 333, fire prevention (CONT.) ordinance. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an Amendment to Ordinance No. 333, fire prevention ordinance. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to table approval of an Amendment to Ordinance No. 155, water and sewer rates. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an Amendment to Ordinance No. 107, allowing for placement of "no parking" signs on South 17th Street on the East and West sides for approximately 200' from Avenue E. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve an Amendment to Ordinance No. 147, allowing employees who have accumulated 900 hours of sick leave and maintain perfect attendance one additional day of vacation per year. All Voted. 1851 Minutes continued, September 13, 1993 ORDINANCES, D. E. Sosa, City Manager, informed the Council that RESOLUTIONS & he was approached by a Nederland business owner PROCLAMATIONS asking for the Council to consider approving an (CONT.) ordinance regulating roadside vendors. The Council instructed the City Manager, City Attorney and Police Chief to study the need for such an ordinance. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve a contract with Municipal Code Corporation for codification of City ordinances. All Voted Aye. FINANCE - A motion was made by Councilman Schroeter and MONTHLY BILLS seconded by Mayor LeBlanc to authorize payment of the bills for the month of August, 1993. All Voted Aye. EXECUTIVE An Executive Session was called to order at 8:02 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of discussing collective bargaining for Fire and Police Departments, and employee evaluations and job descriptions. The Executive Session was adjourned at 8:51 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 no action was necessary. ADJOURN There being no further business, the meeting was adjourned at 8:52 p.m. by Mayor Carl N. LeBlanc. 00-1� 6. , e64�'� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: -LA Donna Donna Floyd, City Secretary City of Nederland, Texas 196 9�/3- 93 Date 1 1 1 1 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas v rtl)((icr of tl�e ,i000. ntrttmtttinn —9, CaAI N."CAOpo" LeBQanc /, Gy virtqu�e of the authority m �/ veeted in e as Mayor of tl e City of //ecler[anJ, Jexaer l/. 4.4 nn �rocCain: Sep#embeA 12 -19, 1993 A! "United Board o6 KL6z.ion.6 Week" in the City of ederlantd, and urge each and every Citizen of our Cly to necogn,ize the )Lola o6 the .local chunchea in heCping to develop and aupportt the United Board o6 Mi.aa.iona and the pnognana o6 community aeAv.icea to people in need. —9n te9timo//ny w1i/e�reo , tvitneas nzy hand and Seat of Elie ( ity of //eclerlart cl t�i9 f/te 13 clay of September, 1993 , -4.2. Jay or r of//�� //�� //JJ nd // CC77 ederla, _Jexae 188 AMENDMENT TO STANDARD FIRE PREVENTION CODE ORDINANCE NO. 333 AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGULATING THE INSTALLATION OF RAPID ACCESS EQUIPMENT IN CERTAIN BUILDINGS AND SECURED AREAS IN THE CITY OF NEDERLAND, TEXAS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION _ THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1 That the 1991 edition of the Standard Fire Prevention Code and the 1992 revisions promulgated by the Southern Code Congress International, Inc. save and except such portions as are hereinafter amended and the same is hereby adopted and incorporated as fully herein and from the date in which this ordinance shall take effect, the provisions thereof shall be controlling fire prevention and protection within the corporate limits of the City of Nederland, Texas. CHAPTER 6 Section 602.7 Access to interior of certain buildings. Section 602.8 Access to secured areas. AMENDMENT ' The following amendment to the Standard Fire Prevention Code adopted herein are hereby made and adopted, such amendment being set forth herein, being identified by and prefaced by appropriate section number of the Standard Fire Prevention Code: CHAPTER 6 That Chapter 6 of the Standard Fire Prevention Code is hereby amended by the addition of Section 602 to read as follows: Section 602.6.7, MASTER KEY LOCK BOXES - BUILDINGS: 602.6.1 A. All new buildings regardless of use or occupancy, except for residential dwellings under four units, shall have a master key lock box system installed at a location approved on the building approved by the Fire Official. 602.6.2 B. All existing buildings as specified above, when sold, remodeled or a new occupancy permit is required, a master key lock box system must be installed. 602.6.3 C. A master key lock box system shall contain: 1. Keys to locked points of ingress whether on interior or exterior of such buildings. 2. The keys to locked mechanical rooms. 3. The keys to locked electrical rooms. 4. The keys to elevator controls. 5. The keys to other areas as directed by the Fire Official. 189 6. All master key box systems installed on buildings with sprinkler or fire alarm systems must have tamper switches installed. SECTION 2 Section 602.8 ACCESS CONTROL TO SECURED AREAS Gates to control vehicular and pedestrian traffic into a private community or other secured areas must conform to the following requirements: Section 602.6.8, ACCESS GATES AND CONTROLS 602.6.1 A. All electrically operated gates shall have a manual override that is approved by the Fire Official. 602.6.2 B. An approved key switch device must be ins'L-alled for Fire Department access. NOTE: The Kno:; Company Model KS -2PDC key operated switch is presently the only approved switch. 602.6.3 C. All vehicular gate widths shall conform to the minimum standards of the Standard Fire Prevention Code regarding unobstructed access roadway widths. 602.6.4 D. Pedestrian gates that have locking devices, shall have approved key operated override switch or a master key box system installed for firefighter access. 603.6.5 E. All gates must remain in good operating condition. 604.6.6 F. Manually operated gates which are locked with a padlock and chain links shall have links no larger than one - quarter inch in diameter. This will allow Fire Department use of bolt cutters to gain entry. Where maximum security is needed a "Knox" padlock or a master key bo,. system mast be used for Fire Department access. VIOLATION AND PENALTIES: Any person, firm, corporation, or agent who shall violate a provision of this ordinance, or fail to comply therewith, or with any requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of the ordinance is committed or continued and upon conviction of any such violation such persons shall be punished by a fine not to exceed more than One - Thousand Dollars ($ 1,000.00). SEVERABILITY CLAUSE: If any violation of this ordinance or application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this code are hereby repealed. WHEN EFFECTIVE: This ordinance shall take effect from and after its passage and publication as required by law. r 189 190 PASSED AND APPROVED by the City Council of Nederland, Texas this the 4(.2 day of e_,rf�eGy� � , A.D., 19L. Carl N. Lel3lanc, Mayor City of. Nederland, Texas ATTEST: �aUonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 1 1 aDonna Floyd, tity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: off. "= W. E. Sanderson, City Attorney City of Nederland, Texas 1 19 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulations including parking rules and required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - NO PARKING ON PAVEMENT There shall be no parking on pavement on the East and West side of South 17th Street for approximately 200' from Avenue E. Section 2 - PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section 3 - REPEALING CLAUSE ' Any and all Ordinances of the City of Nederland, Texas in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE City Coun it of the City of Nederland, Texas on this the /-3 day of A.D., 1993. �Ctt(, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, tity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: off. "= W. E. Sanderson, City Attorney City of Nederland, Texas 1 19 132 CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES, AND RENDERING ALL OTHER CONFLICTING ORDINANCES AND POLICIES NOW OF RECORD NULL AND VOID. ARTICLE V. ATTENDANCE AND LEAVE Section 5. Sick Leave F. If an employee maintains 900 hours accumulated sick leave during an entire calendar year and uses no sick leave for the same period, that employee shall be granted one (1) day of additional paid leave to be used during the following calendar year. PASSED by the City Council this the / 3 day of 4C/PP /ar Pn ATTEST: 4(L36 (NA411j L Donna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas (3, t �`. ��� Carl N. LeBlanc, Mayor City of Nederland, Texas 193 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 27, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Schroeter. MINUTES A motion was made by Councilman Moss and seconded by Councilman Doornbos to approve the Minutes of the September 13, 1993 meeting as written. All Voted Aye. ORDINANCES, Mayor LeBlanc presented a Proclamation to the RESOLUTIONS & members of the Nederland Lions Club declaring ' PROCLAMATIONS September 28, 1993 as "Nederland Lions Club Day" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to approve a Proclamation declaring September 28, 1993 as "Nederland Lions Club Day" in Nederland, Texas. All Voted Aye. COMMUNICATIONS Tommy Hebert, 1407 - 15th Street, addressed the Council relative to pending litigation between the City of Nederland and DuPont. Peggy Griffin, 520 South 18th Street, addressed the Council relative to previous questions made at Council meetings and the Texas Open Meetings Act. Bobbie VanAuken, 219 - 31st Street, addressed the Council relative to the budget, compensatory time, Personnel Ordinance No. 147, city equipment, and city documents. Ty VanAuken, 219 - 31st Street, addressed the Council relative to the bidding process, revenue increase in Water and Sewer Departments, and the wage and salary survey. 194 Minutes continued, September 27, 1993 COMMUNICATIONS Don Pickard, 3303 Avenue M, addressed the Council (CONT.) relative to the wage and salary scale. Ernest Bayard, 1324 Detroit, addressed the Council relative to the telephone /PBX system. TRAFFIC A motion was made by Mayor LeBlanc and seconded by Councilman Moss to allow for traffic control measures to be taken around Central Middle School to insure the safety of the "Wheels for Life" bike - a-thon. All Voted Aye. RECESS Mayor LeBlanc called for a five minutes recess at 7:37 p.m. The meeting was reconvened at 7:45 p.m. FINANCE - A motion was made by Councilman Schroeter and BUDGET seconded by Councilman Moss to authorize the City staff to prepare budget adjustments that will add line items and codes without changing appropriated monies. All Voted Aye. ORDINANCES, A motion was made by Councilman Paulus and seconded RESOLUTIONS & by Councilman Schroeter to approve Resolution 1993 -9 ' PROCLAMATIONS nominating Charles Lankford to the Jefferson County Appraisal District Board of Directors. All Voted Aye. A motion was made by Councilman Schroeter and seconded by Mayor LeBlanc to remove from the table approving an Amendment to Ordinance No. 155. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve an Amendment to Ordinance No. 155, water and sewer rates. All Voted Aye. POLICIES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the cost of copies (not certified) to be: five (5) pages and less shall be at no charge and anything over five ( 5 ) pages shall be $.25 per page. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for one (1) police car to Wickersham Ford, Orange, TX in the amount of $13,893.00. All Voted Aye. 1 9 �� Minutes continued, September 27, 1993 BIDS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize advertisement for bids to be received for preventative maintenance repairs to approximately 145 fire hydrants. All Voted Aye. Brenda Warren, Librarian, opened and read bids received for computer equipment for the D. Bob Henson Memorial Library. Bidders were as follows: Triangle Computers, Beaumont, TX - $8,539.00; C & I Computers, Port Arthur, TX - $11.424.00; ARB, Lowell, MA - $1,950.00 (scanners only); and, Entre Computers, Beaumont, TX - $9,984.00. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to refer bids received to the City Manager and staff for tabulation and recommendation. All Voted Aye. CIVIC AFFAIRS A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the placement of standards on Hwy. 347 for the purpose of advertising and promoting civic organizations in the City of Nederland. All Voted Aye. ' PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to KSA Engineers, Inc. in the amount of $7,920.00 for engineering services during the design phase of the Water Treatment Plant project. All Voted Aye. EXECUTIVE An Executive Session was called to order at 8:30 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of receiving a report on collective bargaining for Fire and Police Departments, and report on employee evaluations. The Executive Session was adjourned at 10:35 p.m. and the regular meeting was reconvened. Mayor LeBlanc announced that the first item of the Executive Session was held for informational purposes only. Mayor LeBlanc then announced that an agenda will be posted the morning of Tuesday, September 28, 1993, calling for a Special Meeting to be held later this week. Minutes continued, September 27, 1993 ADJOURN There being no further business, the meeting was adjourned at 10:36 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ci(�,220 22Ld LaDonna Floyd, City Secretary City of Nederland, Texas 1 D 1 9 '7 city a-ecretary Date .. ...:.. ......:.....:............ ....:........... . ................:...:.::::..... d .. . ....:.. ........................ ............ ..... .. ..•.. .....:..:.., ... ..... :� R.. .:y.,a,:sr +::;; :.:.:! " {F ^'.,'.: <:!•tis >. s:Qkv 4�'3s:' C t: 3�:f:.::..:: ..tv::.: .{a.a.::.9'an. ....: hn:..: s•':`•,+3:':: h.: �.�.Y3 .sic. n ^.':: " +. ::,.:....::........ a.. v:' o::;::::.::........ o:;,.::::;:::: sss;:.:::,;:.:.+ s.:.• s.: :.�':.ae.r:'a: /.;k:: +::s:::2::: �'�: >•F::i:.'.�Z:. xv: :. F...:. :.1fa a.:. 3.:CT.... .+. .C�♦ ''P. a. R..:S; (� .:.�:... .rR.. s a...4� k:s0:: >eY.q; ::s3•S <(a; ..sY+,.;q, e.:{,b,.. '�:',a,:,::ysS:F?f!3 %tk'':, •...:..5:. +.. +: .:.....::: y +ssa a. re' 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 LaDonna Floyd City Secretary D. E. Sosa City Manager t/ Kent Walston Assistant City Manager Steve Hamilton Director of Public Works Billy Neal Chief of Police Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian >/ Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson City Attorney Mayor city a-ecretary Date 9 � ; � i � Y CITY OF NEDERLAND "PROGRAMMED PROGRESS" A9id- Jefferson Counly, Texas air« of ty. ffluoor �rut�ttmtttiun J, CaAt N.q/ "Caopo" Le6Canc /Il y virt//u/Je ojlp�ce a/ulnlzorily vedlecl in me a9 May-or olllze lily of C/ec�erCancL, Jexad, c�o � ereGJ Q /�rocCuun Septembe2 28, 1993 —4s /! q/� "N/eduLtand/ Lions Club Day" / / iinJ tka CilJ of //J/eder[and, Jexae, and urge vac% and every. C.ilizon of oar (rill. to -thank the NedeAtand Lion6 CCub 6orc .theiA contAi.but.ion and eetv.Lce to the City o6 NedeA.tand and .i,t6 community 6.ince 1944(3, p .1n leelintogny.. wic/e/reo/, wifne99 nzy �zartd anc�/ �ea[ of tIze City o/ /tederlaCCnyyd t1t iJ the 27 day'of SeptembeA ) -J. o4A AA , Atteil: Mayor ". Ic'.` O&I ( City o/ 7,,I,,rCancl, ✓exact Cif; Secretary. t 1 1 1 1 :r2. >. tr er- .,..�6r, i,..u:. . �..,�.... , ':is., ,. ... ..,.. •. _a..�,tt...... w�,,,.i'Ss•.zaxiNfd3dt$�'] 1991 CITY OF NEDERLAND RESOLUTION NO. 1993 -9 THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of September 27, 1993 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, 1993 in accordance with said Statute. PASSED this ) day of (�,JYA _, 1993. CARL N. LEBLANC Mayor / MELVIN MOSS WM. SCHROETE R. Councilman, Ward I Councilman, Ward II CEYRIL PAULUS BILLY W. OORNBOS Councilman, Ward III Mayor ProTem, Ward IV ATTEST: (4cU(i+vrn Cr✓ LaDonna Floyd, 'City Secretary City of Nederland, Texas APPR►V� AS F LEGALITY: / /E. Sanderson, City Attorney City of Nederland, Texas 900 *or as required by provisions of outside City contracts. WATER CONNECTION FEES AN AMENDMENT TO ORDINANCE NO. 155 3/4" Meter (Sewer Usage Discount) ** $ 100.00 AN ORDINANCE AMENDING FAIR AND STANDARD WATER 3/4" Water Tap AND SEWER RATES, WATER METER DEPOSITS, WATER 360.00 AND SEWER CONNECTION FEES, SEWER AND WATER 300.00 450.00 LINE MAINTENANCE FEES AND GARBAGE RATES, AND 1 1/2" Water Tap 800.00 PROVIDING FOR THE ADDITION OF STATE MANDATED 2" Water Tap SALES TAX TO THE GARBAGE PORTION OF THE RATE 1,800.00 INSIDE AND OUTSIDE THE CITY OF NEDERLAND, Material Cost + 20% TEXAS. * *Upon request, the City will install a 3/4" meter to NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the water and sewer line connection fees now being charged by the City of Nederland, Texas, Residences - 4" Sewer Tap inside and outside the city limits. $ 300.00 I. 300.00 450.00 Inside Outside 400.00 City City Residential and Commercial: 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 .25 *All apartment complexes computed at 95% capacity. *or as required by provisions of outside City contracts. *SEWER RATES & * *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 .25 *or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 100.00 $ 150.00 3/4" Water Tap 240.00 360.00 1" Water Tap 300.00 450.00 1 1/2" Water Tap 800.00 1.200.00 2" Water Tap 1,200.00 1,800.00 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 $ 200.00 $ 300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 201 7, In regard to temporary turn -ons for customers such as the ones who own rental property, no deposit will be required, but a UTILITY COLLECTION POLICY 1. Water bills shall be due fifteen ,(15) days after the date longer than two (2) weeks. If the amount of water used mailed. If payment is not received by the sixteenth (16) day, weeks, then the customer will be billed according to usage. a 10% penalty will be assessed. A grace period of up to two 6. Upon the passage of this ordinance, the City will no longer days will be granted if the fifteenth (15th) day falls on a already in existence will be honored as long as the current weekend, holiday, or any day City Hall is closed. water bill is paid in full and some portion of arrears are 2. If payment is not received by the next read date, a second 7. Utility customers who pay by check and whose checks are bill will be sent for the current reading plus the previous returned NSF will be charged a $25.00 returned check fee. month's bill and the 10% penalty. 3. If payment is not received on the second bill by the end of or money order. Utility customers who habitually issued the fifteen (15) day grace period, service will be sort of arrangements are made with the Water Department. disconnected. This gives utility customers a total of forty - WATER METER AND GARBAGE CONTAINER DEPOSITS five (45) days to reconcile their accounts before service is City City disconnected. Up to 3/4" Water Meter $ 100.00 $ 100.00 4. After a customer's service has been disconnected, all past 1 1/2" Water Meter 200.00 200.00 arrears must be paid in full in order to reinstate water 1 3/4" Water Meter 250.00 250.00 service. In addition, there will be a $5.00 turn -on fee for Additional Garbage Container $ 75.00 reinstatement during regular working hours (8:00 a.m. - 5:00 Residential Rates (per month) Rate Sales Tax Total p.m.). If past accounts are settled and turn -on is requested Additional Container 5.00 after normal working hours, a $45.00 turn -on fee is assessed to cover overtime for call outs. 7, 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 $26.95 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 returned NSF will be charged a $25.00 returned check fee. Customers who consistently have checks returned NSF must pay their current and future water bills in cash, certified check, or money order. Utility customers who habitually issued 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 Inside Outside City City Up to 3/4" Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1 1/2" Water Meter 200.00 200.00 1 3/4" Water Meter 250.00 250.00 211 and up Water Meter 300.00 300.00 Additional Garbage Container $ 75.00 Residential Rates (per month) Rate Sales Tax Total Inside City $ 12.30 $ .95 $ 13.25 Additional Container 5.00 902 TRASH REMOVAL RATES Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property 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. 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. This Ordinance shall take effect October 1, 1993. PASSED AND APPROVED by the Cit Council of the City of Nederland, Texas this �2'3 day of , 199 3 . Carl N. LeBlanc, Mayor ' City of Nederland, Texas ATTEST: 11 "d ZaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �� W , 2, 'N 'L--- w. E. Sanderson, City Attorney City of Nederland, Texas 1 2() 3 EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 2:00 p.m. September 28, 1993 MEETING The meeting was called to order at 2:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Councilman Schroeter. EXECUTIVE An Executive Session was called to order at 2:01 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.094, for the purpose of discussing personnel matters related to the resignation of the City Manager and appointment of an Interim City Manager. The Executive Session was adjourned at 2:19 p.m. and the regular meeting was reconvened. PERSONNEL A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to accept the resignation of D. E. Sosa, City Manager. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to appoint Billy Neal as the Interim City Manager. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 2:25 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1204 Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman — Ward 1 Will E. Schrocter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 ✓ Billy W. Doornbos Councilman — Ward 4 ✓ LaDonna Floyd City Secretary D. E. Sosa City Manager Kent Walston Assistant City Manager Steve Hamilton Director of Public Works Billy Neal Chief of Police Mike Lovelady Fire Chief ✓ James Byers Building Official ✓ Brenda Warren Librarian Cheryl Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson I City Attorney,✓ to J 1 1 X05 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 11, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc 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 Schroeter to approve the minutes of the regular meeting of September 27, 1993 and the special meeting of September 28, 1993. All Voted Aye. ORDINANCES, A motion was made by Mayor LeBlanc and seconded by ' RESOLUTIONS & Councilman Schroeter to approve Resolution 1993 -10 PROCLAMATIONS setting a joint public hearing to be held October 14, 1993 at 7:30 p.m. at the Beaumont Civic Center for the purpose of determining the reasonableness of the existing rates of Gulf States Utilities Company. All Voted Aye. DONATION Mike Lovelady, Fire Chief, introduced Ken Coker and Jack weeren of the Jefferson County Rural Fire Prevention District No. 1 and thanked them for their recent donation of computer equipment to the Nederland Fire Department. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to accept the donation of a new computer for the Fire Department from the Jefferson County Rural Fire Prevention District No. 1. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to award bids received for computer equipment for the Library to C & I Computers, Port Arthur, TX, in the amount of $9,192.00. All Voted Aye. 206 Minutes continued, October 11, 1993 BIDS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to award bids received for water inventory items as a joint bid with the Cities of Groves and Port Neches to Golden Triangle Pipe and Water Supplies, Inc., and award bids received for chemicals for use at the Water and Wastewater Plants as a joint bid to DX Distributors, Rhone - Poulenc, Harcros Chemicals, Van Waters & Rogers and Southwest Solvents. All Voted Aye. Kent Walston, Assistant City Manager, opened and read bids received for preventative maintenance repairs to approximately 145 fire hydrants. Bidders were as follows: Mineola Valve & Hydrants, Inc., no bid; and, Metro Service Consultants, Inc., Channelview, TX - $4,350.00. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to refer bids received to the City Manager and staff for tabulation and recommendation. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to authorize payment to Butler, Porter, Gay & Day in the amount of $775.20 for legal services rendered in connection with the , Gulf States Utilities rate case. All Voted Aye. A motion was made by Councilman Moss and seconded by Mayor LeBlanc to authorize payment to Crutchfield, DeCordova & Chauveaux in the amount of $483.77 and $221.77 for legal services rendered in connection with the City's claim against Alamo Title. 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 September, 1993. All Voted Aye. EXECUTIVE An Executive Session was called to order at 6:40 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074. for the purpose of receiving a report on collective bargaining for the Fire and Police Departments. The Executive Session was adjourned at 7:40 p.m. and the regular meeting was reconvened. Mayor LeBlanc announced that the Executive Session was held for informational purposes only. 9,07 Minutes continued, October 11, 1993 CONTRACTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to table taking action on the City's contract with the Nederland Police Association. All Voted Aye. COMMUNICATIONS John Fisher, 2703 Nashville, requested placement on the agenda to give a statement of support for those associated with our City government. Ernest Bayard, 1324 Detroit, requested placement on the agenda to address the Council regarding the telephone /PBX system, contractor work, and the local labor issues. Bobbie VanAuken, 219 - 31 Street, requested placement on the agenda to address the Council regarding the City Charter, the City budget, and the Interim City Manager. Ty VanAuken, 219 - 31 Street, requested placement on the agenda to address the Council regarding the City budget and the role of the Assistant City Manager. Don Pickard, 3303 Avenue M, requested placement on the agenda to address the Council regarding the Job ' Classification and Wage Survey, but was absent from the meeting. EXECUTIVE An Executive Session was called to order at 8:10 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas (CONT.) Government Code, Chapter 551.074, for the purpose of interviewing applicants for the position of City Manager. The Executive Session was adjourned at 9:31 p.m. and the regular meeting was reconvened. Mayor LeBlanc announced that three applicants were interviewed in the first phase of the open process for the City Manager position. Applicants were Gene Marsh, C. R. Nash, and Bill Storey. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to table appointing a City Manager. All Voted Aye. COMMUNICATIONS Councilman Doornbos presented a petition to the (CONT.) Interim City Manager from several residents requesting a street light be installed on their street. Chief Neal stated he would have the Director of Public Works study the request. Minutes continued, October 11, 1993 COMMUNICATIONS Billy Neal, Interim City Manager, stated that he (CONT.) would like to change the November 8th Council meeting to November 15th due to the Texas Municipal League Conference being held November 3 -5, 1993. The Council directed Chief Neal to place this on the next agenda for consideration. Chief Neal asked the City Attorney to report on the progress of the annexation. Mr. Sanderson stated that the metes and bounds of the proposed area is complete but the cost study has not been made. He added that the next step would be to begin clearance with the Justice Department. Councilman Doornbos asked if a representative of Southern Union Gas Company will be at the next meeting to discuss the complaint received by a resident relative to gas company meter readers. Chief Neal responded that he is trying to get someone for the next meeting. Councilman Doornbos asked about a large commercial garbage container being in a residential area. Kent Walston responded that it should be removed soon. Councilman Doornbos stated that a meeting has been ' scheduled for Tuesday afternoon between he and the Mayor and the City's attorneys relative to the _ DuPont litigation. He added that he anticipates meeting with Mr. Bradley of DuPont later in the week. Councilman Paulus asked about the leak at the Avenue G water tower and if it has been inspected. Steve Hamilton, Director of Public Works, stated that it has not been inspected and that the budget will probably have to be amended in order to have the funds for the inspection and repairs. ADJOURN There being no further business, the meeting was adjourned at 9:55 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna F1oyd,7City Secretary City of Nederland, Texas Carl N' Mayor City of Nederland, Texas 1 209 1f :. .'!v. .. ....ii:i!ryr :::...:.......nv::: v'ciirri::vcx;,., n. ;••.:....,A. .....: .S':v >:.rr }:q�>.:ni:::+ •::: }�: >;• y�rt� v�RNt `9. G :•b f� w h� :ham••:: ,W: ;.• c;+ c+::::.:,•::::;:: :..isk�'' > };Y3�: > #''<:'r:'c:hu: 5y.:i Ykr3r:^ :: +^ F G �+ 5 .�i3R 4 t. 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 ,✓ LaDonna Floyd City Secretry Billy Neal Interim Ci Manager /Police Chief ✓ Kent Walston Assistant City Manager �✓ Steve Hamilton Director of Public Works ' Mike Lover Fire Chief �✓ James Byers Buildina Official ✓ Brenda Warren Librarian CheTyl Dowden City Treasurer ✓ Bobby Kell Parks Director W. E. Sanderson City Attorney Mayor City Secretary /D-//-'9,3 Date CITY OF NEDERLAND RESOLUTION 1993 710 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, SETTING A JOINT PUBLIC HEARING TO DETERMINE THE REASONABLENESS OF THE EXISTING RATES OF GULF STATES UTILITIES AND, IF NECESSARY, TO DETERMINE JUST AND REASONABLE RATES TO BE THEREAFTER OBSERVED AND ENFORCED FOR ALL SERVICES OF GULF STATES UTILITIES COMPANY WITHIN THE CITY OF NEDERLAND. WHEREAS, the City of Nederland has heretofore set a Public Hearing for October 14, 1993 at Beaumont, Texas, to determine the reasonableness of existing rates of Gulf States Utilities Company and, if necessary, to determine just and reasonable rates to be thereafter observed and enforced for all services of Gulf States Utilities Company within the City of Nederland; and WHEREAS, the resolution setting such hearing provided that same might be conducted in conjunction with public hearings conducted by other municipalities served by Gulf States Utilities Company; and WHEREAS, Gulf States Utilities Company has agreed to such public hearing being conducted on a joint basis by several municipalities; and WHEREAS, it would be more economical and expeditious to ' conduct such public hearing on a joint basis with other municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City of Nederland shall conduct a public hearing on October 14, 1993, at 7:30 p.m., instead of 6:00 p.m. as authorized by Resolution 1993 -6, at the Beaumont Civic Center, 701 Main Street, Beaumont, Texas. The purpose of such public hearing shall be to determine the reasonableness of existing rates of Gulf States Utilities Company and, if necessary, just and reasonable rates to be thereafter observed and enforced for all services of Gulf States Utilities Company within the City of Nederland. O ADOPTED this �_ day of 0CTd-11A __, 1913L. . a-"e6 650Z--' , Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, C&ty Secretary City of Nederland, Texas 1 1 JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7:30 p.m. October 14, 1993 MEETING The meeting was called to order at 7:30 p.m. by Port Arthur Mayor Mary Ellen Summerlin at the Beaumont Civic Center, 701 Main Street, Beaumont, Texas. INVOCATION The invocation was given by Vidor Mayor Ruth Woods. MEMBERS PRESENT Nederland members present were Mayor Carl N. LeBlanc, Councilman Melvin Moss, Councilman Will Schroeter, and Councilman Billy Doornbos. City staff present: Billy Neal, Interim City Manager, W. E. Sanderson, City Attorney, and LaDonna Floyd, City Secretary. WELCOME Welcome to all cities by Beaumont Mayor Evelyn Lord. PUBLIC HEARING A joint public hearing was conducted with the Cities of Nederland, Beaumont, Port Arthur, Groves, Port Neches, Vidor, Bevil Oaks, China, and West Orange. Don Butler of Butler, Porter, Gay & Day, attorneys representing cities on the various GSU rate cases, presented the proposed settlement of the Cities' rate cases submitted for consideration. He thanked the participating cities, DUCI, and the steering committee for their work on the rate cases. Mr. Butler briefly outlined the agreement. Gulf States Utilities has agreed to a two step rate reduction and a one time bill credit. Base rates will be reduced by $22.5 million effective November 1, 1993 and by an additional $20 million effective September 1, 1994. The one time bill credit will total $20 million and will appear on customers' December, 1993 electric bills. Don Clements, Senior Vice President of Gulf States Utilities, also thanked the steering committee for a settlement being reached. He added that they were happy an agreement had been reached, although not all the cases were resolved. 211 212 Minutes continued, October 14, 1993 ADJOURN There being no further questions and /or comments, the public hearing was adjourned at 7:50 p.m. by Port Arthur Mayor Mary Ellen Summerlin. ATTEST: iXC� (lYk/k fx l� Uoo'nna Floyd, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas I 1 213 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 25, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc. QUORUM See Attached. 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 October 11, 1993 meeting and the joint public hearing of October 14, 1993 as written. All Voted Aye. COMMUNICATIONS R. D. Barnes, Sun Marine Terminals, addressed the Council on issues concerning Dock Road 5 at Sun ' Marine Terminals. Georgie Morris, 2907 West Chicago, addressed the Council with support of the City Council and City administration. John Fisher, 2703 Nashville, addressed the Council with a general statement on current City politics. Candace Blanton, 1407 South 17th Street, addressed the Council with support of Nederland City government. Don Pickard, 3303 Avenue M, had requested to be placed on the agenda but was not present at the meeting. Bobbie VanAuken, 219 - 31st Street, addressed the Council relative to Personnel Ordinance No. 147, responded to comments of R. D. Barnes, and asked for justification of Utility Billing Supervisor position. Ty VanAuken, 219 - 31st Street, addressed the Council relative to the budget and water revenues. 214 Minutes continued, October 25, 1993 COMMUNICATIONS Councilman Moss commended all the City employees for their hard work and dedication, and added that everyone was responsible for the recent recognition we received for being in the top 10% of cities in the nation. (He was referring to the award from Municipal Analysis Services which selected Nederland as a high - performance government which is a stable and efficient one due to diversified revenues, high employee productivity, controlled expenses, careful use of outside aid, reasonable revenue levels and using and controlling debt.) Councilmen Schroeter, Paulus, and Doornbos also commended the entire city staff for the MAS award. Mayor LeBlanc thanked the employees, as well as Stacy Reynolds of the Port Arthur News for her coverage of the award. ORDINANCES, A motion was made by Mayor LeBlanc and seconded by RESOLUTIONS & Councilman Schroeter to approve Ordinance No. 418, PROCLAMATIONS setting rates for Gulf States Utilities Company. All Voted Aye. Joel Jeffcoat, Gulf States Utilities, thanked the City of Nederland and other area cities for their , efforts in the recent rate case settlement. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve an Amendment to Ordinance No. 164, changing the November 8, 1993 meeting to November 15, 1993. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Resolution 1993 -11, approval of the 1993 appraisal roll as certified by the Jefferson County Appraisal District. All voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve Resolution 1993 -12, whereby the City of Nederland casts all its votes for Charles Lankford for the Jefferson County Appraisal District Board of Directors. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Resolution 1993 -13, supporting the Texas Municipal League in their fight against unfunded federal mandates on local governments. All Voted Aye. Minutes continued, October 25, 1993 BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Moss to authorize the City Manager and /or City Treasurer to amend line items within departmental budgets as need arises. After a discussion all voted no. BIDS A motion was made by Councilman Moss and seconded by Councilman Doornbos to award bids received for preventative maintenance to approximately 145 fire hydrants to Metro - Service, Channelview, TX in the amount of $4,350.00. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve payment to KSA Engineers, Inc. in the amount of $5,280.00 for engineering services during the design phase of the Water Treatment Plant project. All Voted Aye. EXECUTIVE An Executive Session was called to order at 8:00 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074 for the purpose of receiving a report on collective bargaining for the Fire and Police Departments, and ' report on personnel. The Executive Session was adjourned at 9:04 p.m. and the regular meeting was reconvened. Mayor LeBlanc announced that the personnel item was held for informational purposes only. CONTRACTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to remove from the table taking action on the City's contract with the Police Association. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve the City's contract with the Nederland Police Association. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to table approving the City's contract with the Nederland Fire Association. All Voted Aye. COMMUNICATIONS Councilman Doornbos asked about the status of the (CONT.) leak at the storage tank. Chief Neal responded that the leak is being monitored, but it will eventually have to be repaired, estimated cost is $20,000. 215 21 6 Minutes continued, October 25, 1993 COMMUNICATIONS Chief Neal reported that the annexation process is (CONT.) being worked on and the boundaries and maps are being prepared. He added that he would like to have a Work Session to go over the details with the Council. Councilman Paulus reported that the Nederland Girls' Softball League will be sponsoring a state tournament and will probably be in need of additional fields. He said that someone from that organization will probably be contacting the City for permission to use the fields at Doornbos Park. Chief Neal stated that the City Manager's position will be advertised in the next two issues of the Texas Municipal League's magazine. ADJOURN There being no further business, the meeting was adjourned at 9:25 p.m. by Mayor Carl N. LeBlanc. ATTEST: ,P-�` LaDonna Floyd, City Secretary City of Nederland, Texas 0a,"A' Carl N. LeBlanc, Mayor City of Nederland, Texas 1 217I n 1..3. .4: ?.:' ?. �•:h .. ' /•.: ;:`•:ASS ...:::::::::. v.::.:.:.,.::::,::::::::,:: :::.::..;..:,.:.:::..::::.:..:: 3. •.Nn�..::: •:.,. ... >. :,.v..:... ,. S . +. ..,. n:3:.t .i`.s: +' .btF23ty .3..t ..�4.: »: . ,..#;t::: �;:;� >':b`:`.'N..' +' sta .. 3? i�' �� 'eI' >a.% ".` < "r?ia:,,..v'¢rr %.:r t� +.:�• . +:�•.o ':�`%•y: %• >:5•:? ::}.:; u!' a::tJ:::t4.Jra..:,..::..:.v..a: '........ H:�:.A:F �....�k''t'> :P. —_ .................................::::.:::::::::::..:... ...:.........n_.;_..,:;;:..,;_. .•.•,. rj.: �:;:.:::..+:..::: J: ta.::; n: p2::..: a: i3k: �a:.v ^'ai::,,:.:r,.,.:.....fix: 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 ✓ LaDonna Floyd City Secretes ✓ Billy Neal Interim City Manager /Police Chief ✓ Kent Walston Assistant City Manager Steve Hamilton Director of Public Works ike Lovelad Fire Chief ✓ James Byers Buildin-R Official ✓ Brenda Warren Librarian Che 1 Dowden City Treasurer Bobby Kelly Parks Director W. E. Sanderson City Attorney ✓ Mayor C -mnn �( it Secretary ID Date X18 ORDINANCE NO. 418 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE; DETERMIN- ING JUST AND REASONABLE RATES TO BE OBSERVED AND IN FORCE WITHIN THE CITY; ORDERING RATE REDUCTIONS; ORDERING A ONE TIME CREDIT TO RATEPAYERS' BILLS; FIXING SUCH RATES WHICH SHALL CONSTITUTE THE LEGAL RATES OF GULF STATES UTILITIES COMPANY UNTIL CHANGED AS PROVIDED BY THE PUBLIC UTILITY REGULATORY ACT; PROVIDING FOR THE FILING OF RATE SCHEDULES AND TARIFFS AND THE APPROVAL OR MODIFICATION OF SAME; AUTHORIZING REPRESENTATIVES OF THE CITY TO EFFECT IMPLEMENTATION OF SETTLEMENT OF THIS PROCEEDING AND CERTAIN OTHER MATTERS WITH GULF STATES UTILITIES COMPANY; ORDERING THAT THIS ORDINANCE BE SERVED ON GULF STATES UTILITIES COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City of Nederland ( "City "), acting as a 4 regulatory authority, has provided reasonable notice and conducted 4 a proper public hearing; and WHEREAS, the City has, on its own motion, found that the existing rates of Gulf States Utilities Company ( "GSU") for service within the City are unreasonable; and WHEREAS, the City has determined that the rates of GSU should be decreased and ratepayers' bills should be credited on the dates and in the amounts hereinafter provided; and WHEREAS, GSU has agreed to the reductions in rate and bill credits hereinafter provided for and to the settlement of certain other matters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PART 1. The existing rates of GSU are hereby found, after reasonable notice and hearing, to be unreasonable and shall be decreased to reflect the reductions and credits hereinafter ordered. The rates resulting from such reductions and credits are hereby determined to be the just and reasonable rates to be observed and in force within the City. PART 2. It is hereby ordered that the base rates of GSU for electric power and energy sold within the City be decreased by the amount of $22.5 million per annum on a Texas retail systemwide basis, effective with all service rendered on and after November 1, 1993. Such base rate decrease shall be implemented on an across- the -board basis so that the base rates for all customer classes and each component thereof are reduced by the same percentage amount. PART 3. It is hereby ordered that the base rates of GSU for electric power and energy sold within the City be decreased by the additional amount of $20 million per annum on a Texas retail systemwide basis, effective on al bills rendered on and after September 1, 1994. Such base rate decrease shall be implemented on an across - the -board basis so that the base rates for all customer classes and each component thereof are reduced by the same percentage amount. PART 7. Representatives of the City are hereby authorized to effect implementation of the settlement of this proceeding and ' certain other matters as recommended by and subject to direction of the Steering Committee of Cities participating in GSU rate proceedings. PART 8. This Ordinance shall be served on GSU by U.S. Mail to Cecil Johnson, Vice President - Legal Services, P. O. Box 2951, Beaumont, Texas 77704. PART 9. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of GSU. PART 10. All Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED on this the l,5 day of (X-, 1923. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, tfty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 2191 PART 4. It is hereby ordered that ratepayers within the City receive a one -time credit in the amount of $20 million on a Texas retail systemwide basis as a separate line item credit which, to the extent possible, shall be applied to an reflected on all bills rendered to existing ratepayers during the billing month of December, 1993. Such base rate credit shall be implemented on an across - the -board basis so that the base rates for all customer classes and each component thereof are credited by the same percentage amount. PART 5. Such rate schedules and tariffs, as are approved in accordance herewith, are fixed as and shall constitute the legal rates under which GSU shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy and electric service rendered within the corporate limits of the City until such time as such rate schedules and tariffs may be changed as provided by the Public Utility Regulatory Act. PART 6. GSU shall file with the City, no later than November 10, 1993, revised Schedules of Rates and Tariffs, together with rate design workpapers and supporting data as requested, setting forth those rates, tariffs, and charges based upon such decreases and credits as prescribed herein. Such Schedules of Rates and Tariffs may be modified or amended by the City Council within thirty (30) days from the date of filing with the City, otherwise the same shall be considered approved as filed. PART 7. Representatives of the City are hereby authorized to effect implementation of the settlement of this proceeding and ' certain other matters as recommended by and subject to direction of the Steering Committee of Cities participating in GSU rate proceedings. PART 8. This Ordinance shall be served on GSU by U.S. Mail to Cecil Johnson, Vice President - Legal Services, P. O. Box 2951, Beaumont, Texas 77704. PART 9. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of GSU. PART 10. All Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED on this the l,5 day of (X-, 1923. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, tfty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 2191 20 LaDonna Floyd, C'ty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 1 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DINES FOR COUNCIL MEETINGS TO BE HELD FROM NOVEMBER 15, 1993 THROUGH APRIL 25, 1994. 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 15 November 22 December 13 December 20 January 10 January 24 February 14 February 28 March 14 March 28 April 11 April 25 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 b the City Council at a regular meeting this the J. day of A 19��. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, C'ty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND RESOLUTION 1993 -11 WHEREAS, the grand recap of the tax roll for the 1993 tax year has been received from the Jefferson County Tax Assessor /Collector; and WHEREAS, Texas Property Tax Code Section 26.09 requires the City Council to approve such valuation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland that pursuant to Texas Property Tax Code Section 26.09, the Nederland City Council hereby approves the 1993 tax roll from the Jefferson County Tax Assessor /Collector. PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland at a regular meeting held October 25, 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: % LaDonna Floyd, CT'ity Secretary City of Nederland, Texas APPROVED AND TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 221 2 2 N � t r f ', 3 "9 1 Er J �41h�511Y .0 'i as X41 �T ffhM� aa4 e��tS;uJ C aF, 1 �r tN s b n 4.,. CITY OF NEDERLAND RESOLUTION NO. 1993 -12 WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be-chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and, WHEREAS, the Act entitles each taxing unit to vote and determine its 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: Eugene Landry Charles Lankford 60 Robert Lott Fred Mitchell Ed Moore C. L. Sherman So RESOLVED, this the day of ():j beA , 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �4 had LiDOnna Floyd, Clity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: w: E. Sanderson, City Attorney City of Nederland, Texas r 1 ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas CSI 1 CITY OF NEDERLAND RESOLUTION 1993 -13 WHEREAS, federal unfunded mandates on city governments have increased significantly in recent years; and WHEREAS, federal mandates require cities to perform duties without consideration of local circumstances or capacity; and WHEREAS, federal mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare and safety of municipal citizens; and WHEREAS, excessive federal burdens on cities force on citizens and taxpayers either higher local taxes and fees, reduced local services, or both; and WHEREAS, federal mandates are too often inflexible, "one -size- fits -all" requirements that impose unrealistic time frames and specify procedures or facilities when less costly alternatives might be just as effective; and WHEREAS, existing mandates impose harsh pressures on local budgets, and the federal government has imposed a freeze upon funding to help compensate for any new mandates; and WHEREAS, the cumulative impact of these legislative and regulatory actions directly affects the citizens of our cities; and WHEREAS, the National League of Cities (NLC), in conjunction with other state and local government representatives and state municipal leagues, including the Texas Municipal League (TML), has begun a national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; NOW, THEREFORE, BE IT RESOLVED that the City of Nederland endorses the efforts of the National League of Cities and the Texas Municipal League and supports working with NLC and TML to fully inform our citizens about the impact of federal mandates on our city finances and the pocketbooks of our citizens; and BE IT FURTHER RESOLVED that the City of Nederland endorses the events that will begin this process on October 27th; and BE IT FURTHER RESOLVED that the City of Nederland resolves to redouble efforts to inform and work with members of our Congressional delegation to inform them about the impact of federal mandates and actions necessary to reduce their burdens on our citizens, PASSED AND APPROVED by the City Council at its regular meeting on the 25th day of October, 1993. / G C7� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas CSI 1 224 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 15, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See Attached. INVOCATION The invocation was given by Steve Hamilton, Director of Public Works. MINUTES A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve the minutes of the October 25, 1993 meeting as written. All Voted Aye. ORDINANCES, Mayor Carl N. LeBlanc presented a Proclamation to RESOLUTIONS & Mrs. Linda Penner, President of the Nederland ' PROCLAMATIONS Teachers Association, declaring November 14 -20, 1993 as "American Education Week" in Nederland, Texas. A motion was made by Councilman Schroeter and seconded by Councilman Moss to approve a Proclamation declaring November 14 -20, 1993 as "American Education Week" in Nederland, Texas. All Voted Aye. FINANCE - A motion was made by Mayor LeBlanc and seconded by BUDGET Councilman Moss to approve two amendments to the 1993 -94 budget - transfer of $75,063.00 from General Fund to Contingencies and $5,000.00 from Parks Department to be used for the Safety Program. All Voted Aye. REGIONAL STUDY A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve a $1,000.00 contribution toward a regional water planning study. All Voted Aye. 2251 Minutes continued, November 15, 1993 ORDINANCES, A motion was made by Councilman Paulus and seconded RESOLUTIONS & by Mayor LeBlanc to approve Resolution 1993 -13 PROCLAMATIONS authorizing the City of Nederland's participation in (CONT.) a regional water study funded in part by a grant from the State of Texas. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to award bids received for Water Treatment Plant chemicals to Chemlink. All Voted Aye. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to appoint Lois Coco as the Acting City Secretary. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to appoint Mayor LeBlanc, Councilman Schroeter and Interim City Manager Billy Neal to the Search Committee for the purpose of selecting finalists for the position of City Manager. Mayor LeBlanc, Councilmen Doornbos, Moss, and Schroeter Voted Aye. Councilman Paulus Voted No. ' PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Moss to approve payment of the bills for the month of October, 1993. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve a contract between the City of Nederland and the Jefferson County Peace Officers' Association granting them permission to use an area of the old landfill site to be used for a shooting range, contingent upon item 1 of the termination clause being changed to read "Lessor notifies Lessee not less than 180 days in advance that Lessee must vacate the premises." and to add two clauses which states "Lessee must abide by all rules and regulations of all governmental agencies and Lessee agrees to participate in any required environmental testing ", and "Lessee will provide plans of all structures to the City Council prior to any construction ". All Voted Aye. EXECUTIVE An Executive Session was called to order at 7:00 SESSION p.m. by Mayor LeBlanc as authorized by Texas Government Code, Chapter 551.074 for purpose of receiving a report on collective bargaining for the Nederland Firefighters' Association, and Chapter 551.071, to discuss pending litigation with DuPont Works - Beaumont. 1226 Minutes continued, November 15, 1993 EXECUTIVE The Executive Session was adjourned at 7:56 p.m. and SESSION the meeting was reconvened. (CONT.) Mayor LeBlanc announced that the report on the litigation with DuPont was for informational purposes only and that no action was necessary. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to remove from the table taking action on the City's contract with the Fire - fighters' Association. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve the City's contract with the Firefighters' Association. All Voted Aye. COMMUNICATIONS Billy Neal, Interim City Manager, reported that he had checked into the cost of providing health insurance for retirees. Mr. Neal stated that it would cost approximately $1,500.00 per year for the City to pay for their insurance. He added that we would save about $19,000.00 per person when a retiree is replaced by a new employee at Step 1 of the Wage Scale. The Council directed him to report back to them with the number of people this would ' benefit at this time. Mr. Neal stated that if the Council had no objections he would like to give all non - represented employees a $500.00 lump sum check in early December due to no raises being budgeted this year. Mayor LeBlanc directed Mr. Neal to check into the cost. Mr. Neal reported that the newly constructed docks at Unocal are in Nederland's extraterritorial jurisdiction and not Port Neches as was previously stated. Councilman Paulus suggested that we contact Unocal and let them know that these will be added to their contract for in lieu of taxes. Mr. Neal presented the Council with the proposed procedures for Council meetings. After a discussion and several changes made the Council directed him to place this on the next agenda. Councilman Moss reported that repairs need to be made on Boston Avenue @ Gage Avenue. Councilman Schroeter reported a sink hole at the fire hydrant in the 1700 block of Detroit near the tennis courts at Central Middle School. Minutes continued, November 15, 1993 COMMUNICATIONS Councilman Paulus reported that repairs need to be (COKT.) made on 27th Street near Gary Avenue. Steve Hamilton stated that the problem appears to be telephone conduit under the road which was never excavated when the road was constructed. He added that the repairs will be made as soon as possible. Councilman Doornbos reported that repairs also need to be made on Jackson between 12th Street and Twin City Hwy. Councilman Doornbos also reported that a commercial garbage container is still in a residential area on Omaha. ADJOURN There being no further business, the meeting was adjourned at 8:25 p.m. by Mayor Carl N. LeBlanc. ATTEST: La onna Floyh",' City secretary City of Nederland, Texas l e"� �. 7jlh� Carl N. LeBlanc, Mayor City of Nederland, Texas 227 n. �y ... ................ ........,............... n...... .... . :::::::..........:,�a555:y:::t: n:;.•:5::: :. :� ...... .....'r.. 'Y..,`.'r.5•Vi +v''.rfi�5i:'.•`w Fr,4" ............::.........,.:.:......, 5u.: 55t ':;......:,fs.F.:::::,::::::: y::.: ........::::.... :..r..5::.555: ^.::>:6Ftt• n.5r :.y n3. �fF ••.35` �.r� vy, x r� p. r , k:EU .a F r• .. .. ... .. .. .. ... ......In }:. T . ..... , n ..........,................:... £::::.nom::::: :55.:::::: :.:::r. >:,.:.:.::::..:: ,,:::, f:::..f.5•r�::y:::: <:i:S::FF �7.; �(�'�� ':�:�: ��: z: �F?:: r:: �:::•:: �:<::: F: z:: �<::: is�::::::<::::::::: �:::: r.: 2:::>::: �:>::::::::' �:: i'::>:: isFfq:::^.::`::;::::: 5, 5: 5�`:. t:< �; i:: 5s5i�: i55i;:: ii55:'::< A: ::'::Y::S ":e::��:i3:.,`:i'.a;:3 E::::;3;_.:::FFi;:SF 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 ✓ LaDonna Floyd City Secretary✓/ AL�y Neal Interim Cit ManagerRolice Chief Kent Walston Assistant City Manager ✓ Steve Hamilton Director of Public Works ✓ Mike Lovelady Fire Chief James Byers Building Official / t/ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer Bobby Kelly Parks Director ✓ W. E. Sanderson City Attorney ✓ '119) pen -c.- yor 'City Secretary- //- i3 93 Date f� 1 IV PROCLAMATION C WHEREAS, American public education has been the pillar of our democratic system of government for more than 200 years; and, WHEREAS, advances in technology have increased the necessity for all students to be better educated; and, WHEREAS, the future of America in the twenty -first century depends on students who are in our public schools today; and WHEREAS, educators have a major role in shaping the minds that will create the future; and WHEREAS, all citizens of the United States have an important role to play in ensuring that each of today's students is prepared to meet the challenges of the next century, Now, therefore, serving as Mayor of City of Nederland Do hereby proclaim NOVEMBER 14 -20, 1993 A6, W � tft BETTER SCHOOLS SHAPE BETTER TOMORROWS Signed this 12 day of Novembe .I 23® CITY OF NEDERLAND RESOLUTION 1993 -13 WHEREAS, the City of Nederland, Texas desires to participate in a regional water study funded in part by a grant from the State of Texas; and WHEREAS, certain assurances are needed from the City as a part of the grant application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: That the proposed regional planning study does not duplicate existing projects; and implementation of viable solutions identified through the planning will be diligently pursued and local sources of funding required for implementation will be provided. SECTION 2: That the water planning proposal conforms to the approved state water quality management plan; and written evidence satisfactory to the Texas Water Development Board's Executive Administrator that local matching funds are available is included in the grant application. SECTION 3: That a Water Conservation Plan will be developed as a part of the overall planning project. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Nederland held November 15, 1993. ATTEST: D nna Floyd, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas JI 1 231 STATE OF TEXAS § JOINT LAND USE COUNTY OF JEFFERSON § AGREEMENT PARTIES This agreement is made between the following parties: 1. City of Nederland, Texas 2. Jefferson County Peace Officers Association, a non - profit police training organization and a Texas corporation. PURPOSE Whereas the City of Nederland, hereafter referred to as Lessor, is the landlord of certain real property in Jefferson County, Texas, hereafter referred to as the "Landfill ", and Whereas the Jefferson County Peace Officer's Association, hereinafter referred to as the Lessee, desires the use of the "Landfill" as Lessee. The purpose of this agreement is that Lessor will allow Lessee the use and access to a portion of the "Landfill" under the following terms and conditions: SITE The site shall be the area adjacent to the Landfill which is presently within the perimeter of the Landfill road, as platted by the City of Nederland, Texas, Map Records. (RE: Attached legal description and map) In addition, access to the site shall be by way of the road leading from State Highway 347 to the intended area. (RE: Attached) TERM OF USE This agreement shall be of a 15 year, renewable term, commencing November 15, 1993, and ending December 31, 2008, subject to the following conditions: CONDITIONS 1. Lessee shall maintain the area within the perimeter road in a neat and orderly fashion. 2. Lessee shall use the site for the purpose of club activities, which are directly related to firearms training. 3. Only members of the Jefferson County Peace Officer's Association and authorized individuals are allowed upon the property. Land Use Agreement /Page 1 2.3.2 4. Lessee shall provide and maintain a standard liability insurance policy in favor of Lessor in the amount of Five - Hundred Thousand Dollars ($500,000.00). 5. Lessee shall not operate its business in any way which interferes with Lessor's business or the general public. 6. Lessee shall maintain its own gate lock system which will insure that the access road gate is locked at all times, except when Lessor has elected to leave the gate open for Lessor's convenience, or unless Lessor otherwise directs. 7. Lessee is allowed to erect and maintain signs, fences, and structures which relate to the function of the Jefferson County Peace Officer's Association so long as such items do not interfere with Lessor's operations or hinder Lessor's superior duty to maintain the site in accordance with Lessor's or other governmental standards. 8. Lessee shall- participate with Lessor in public service activities to the extent that Lessee and Lessor's mutual interests are consistent with the primary purpose of entertaining and benefitting the general public. 9. Lessee shall not be responsible for any environmental contamination on or under the lease premises placed there prior to this agreement. I 10. Lessee hereby agrees to and does hold the Lessor harmless from any liability or damages caused to an individual personally or to any property caused by Lessee, the Lessee's employees, agents, or guests. 11. Lessee hereby agrees to comply with all laws, rules, and regulations of all governmental entities and subdivisions concerning the operation of the Lessee that this lease agreement covers. 12. Parties hereto agree that at termination of this lease agreement Lessee shall have the right to remove all improvements placed on the premises by Lessee at the expense of the Lessee. Lessee hereby agrees that upon termination Lessee shall remove all trash, debris and environmental contaminants placed in or on the premises by the Lessee. 13. Parties hereto agree that there shall be no environmental testing on the premises without the written consent of the Lessor. 14. All plans for permanent construction on the lease premises must be approved by the Lessor prior to construction. Lessor agrees that all plans will be approved if environmentally sound and those plans do not pose a hazard to the public. Land Use Agreement /Page 2 TERMINATION This agreement shall terminate upon any of the following events: 1. Lessor notifies Lessee not less than 180 days in advance that Lessee must vacate the premises. 2. Lessee notifies Lessor of its intention to abandon the range site in not less than 180 days. 3. The expiration of the lease term as previously set for in Term of Use provisions. RENEWAL This agreement shall be renewable upon the mutual consent of both parties, neither party having the right to renew without the other party's consent. However, Lessor shall, in good faith, take into consideration the amount of investment benefit of Lessee remaining on site when determining whether or not to allow renewal. LAW OF FORUM Should there by any disagreement or need to further define or clarify this agreement, the law of the State of Texas shall apply. ' AMENDMENT Any change in this agreement shall be in writing. ACCEPTED: Agent for the Zity of erland Date /a- Agent for Jefferson County Peace Date Officer's Association APPROV AS O FORM AND LEGALITY: /-2- 93 E. Sanderson, City Attorney Date City of Nederland, Texas Land Use Agreement /Page 3 k� 23 2 `3 4 J 1 DESCRIPTION OF PROPOSED LEASE SITE FOR JEFFERSON COUNTY LAW ENFORCEMENT ASSOCIATION FIRING RANGE BEING 30.9295 acre tract of land out of and a part of the William Carroll Survey, Abstract 13, Jefferson County, Texas, also being out of and a part of that certain 267.492 acre tract of land which was conveyed to the City of Nederland by Quitclaim Deed which is on file and of record under Film Code Number 100 -87 -0110 in the Real Property Records of Jefferson County, Texas, said 30.9295 acre tract of land being more fully described by metes and bounds as follows, to -wit: BEGINNING at the most Westerly corner of said 267.492 acre City of Nederland tract of land, the POINT OF BEGINNING of the tract of land herein described; THENCE North 42 deg. 01 min. 36 sec. East with the Northwesterly line of said 267.492 acre tract of land, a distance of 1000.00 feet to point for corner; , THENCE South 47 deg. 58 min. 24 sec. East a distance of 1200.00 feet to point for corner; THENCE South 26 deg. 24 min. 54 sec. West a distance of 989.69 feet to point for corner; THENCE North 66 deg. 57 min. 48 sec. West a distance of 110.09 feet to point for corner in the Southwesterly line of said 267.492 acre tract of land; THENCE North 50 deg. 44 min. 49 sec. West with said Southwesterly line a distance of 652.00 feet to point for corner; THENCE North 46 deg. 26 min. 40 sec. West with said Southwesterly line a distance of 611.31 feet to point for corner; THENCE North 45 deg. 32 min. 38 sec. West with said Southwesterly line a distance of 100.00 feet to the POINT OF BEGINNING, and containing 30.9295 acres of land. U 235 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 22, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc 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 Schroeter and seconded by Councilman Moss to approve the minutes of the November 15, 1993 meeting as written. All Voted Aye. ORDINANCES, Mayor LeBlanc presented a Proclamation to Mrs. Lynn RESOLUTIONS & Metz, President of the Friends of the D. Bob Henson ' PROCLAMATIONS Memorial Library, declaring November 22, 1993 as "Friends of the D. Bob Henson Memorial Library Day" in Nederland, Texas. Mayor LeBlanc presented a Proclamation to Mrs. Mona Darbonne, Ultimate Home Care, Inc., declaring November 29 - December 5, 1993 as "Home Care Week" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the Proclamations declaring November 22, 1993 as "Friends of the D. Bob Henson Memorial Library Day; and, November 29 - December 5, 1993 as "Home Care Week" in Nederland, Texas. All Voted Aye. POLICIES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the policy establishing procedures for citizens of Nederland appearing at City of Nederland Council Meetings. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve advertisement for bids to be received December 13, 1993 for ten (10) sets of Fire Department protective clothing, one (1) photocopier and copier coin vend system for the library, and 225 garbage containers for the fully automated waste collection system. All Voted Aye. 236 Minutes continued, November 22, 1993 PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to RSA Engineers, Inc. in the amount of $3,960.00 for engineering services during the design phase of the Water Treatment Plant project. All Voted Aye. EXECUTIVE An Executive Session was called to order at 6:21 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of discussing a personnel item, and Chapter 551.071 for the purpose of receiving information on the City of Nederland vs. DuPont Beaumont Works pending litigation. The Executive Session was adjourned at 7:30 p.m. and the regular meeting was called back to order. Mayor LeBlanc announced that both items were for informational purposes only and that no action was necessary. COMMUNICATIONS Billy Neal, Interim City Manager, reported back to the Council that there are approximately 15 employees eligible for retirement. He added that if the City agrees to pay for retirees insurance probably only about five will actually retire this ' year. Mr. Neal suggested that if the Council does decide to adopt this policy it should be on a yearly basis with reviews conducted annually. Councilman Schroeter asked for a list of possible retirees with a comparison of the current salary cost to the City and the salary cost of a newly hired replacement. Mayor LeBlanc instructed Mr. Neal to place this on the next agenda for consideration. Mr. Neal reported that the City's trash service needs to be increased. He stated that he has talked to the Director of Public Works and they have agreed to stay on the regular once -a -month schedule and when time permits they will go back through the city two weeks later. Mr. Neal informed the Council that a bid of $2,400.00 was received to landscape Tex Ritter Park. He felt that bid was too high and had the Parks Department get some bids for the plants and found that we can do the work for approximately $600.00. Mr. Neal reported to the Council that the contract with King Bethune (Parkway Village) is being re- negotiated due to the large increase in their monthly water bill. 237 Minutes continued, November 22, 1993 Mayor LeBlanc announced that Friday, December 17, 1993 will be the deadline for applications to be received for the City Manager's position. He added that we will probably begin interviewing the first meeting in January. Mayor LeBlanc suggested that the City have a city- wide clean -up program sometime during the spring for all citizens to clean the area in front of their property, such as ditches, culverts, curbs and gutters. Councilman Doornbos inquired as to the status of the street sweeping. Mr. Neal stated that this was not a budgeted item, but he will have Mr. Walston check with some companies for some estimated costs. Councilman Doornbos asked if he could receive an update of the street lighting policy during the next regular meeting. Councilman Paulus suggested we contact rental companies about possibly renting a street sweeper and having our employees operate it at night. Councilman Schroeter reported the curbs in the 2400 ' block of Helena and the 1400 block of Avenue H need to be checked, it appears the dirt is being washed away. ADJOURN There being no further business, the meeting was adjourned at 7:55 p.m. by Mayor Carl N. LeBlanc. ATTEST: ",,L_I n b / 14 La onna Floyd, dRy Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 23tq Name Title Present Absent ✓ Carl N. LeBlanc Ma or Melvin L. Moss Councilman — Ward 1 Will E. Schroeter Councilman — Ward 2 ✓ W. Ceyril Paulus Councilman — Ward 3 Billy W. Doornbos Councilman — Ward 4 ✓ LaDonna Floyd City Secretary Billy Neal Interim Ciq Manager/Police Chief ✓ ✓ Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelady Fire Chief ' James Byers Building Official ✓ Brenda Warren Librarian ✓ Cheryl Dowden City Treasurer ✓ Bobby Kelly Parks Director ✓ W. E. Sanderson City Attorne Mayor rc t �2Q City Secretary Date 1 1 1 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas Office of #4e fflttpr r -a 1C I a m a t i it ACant N. " "Cupo" LeStane /I G6 virlune ollIte a/utltiorify v//eeied in me as Mayor of 14, Cliff o/ /'/eaterCand, ✓exad, do �iereby ' Proclp aim NovembeA 22, 1993 —4 .4 //"Fi ende o/�6 the D.// Bob Hen4on Memmiat L.LbAeAy Day" / in �� toe l,ity of //ederlanal, Jexae, and urge each and every l..ifieen of our City to n.eeognize and .thank .th.i.e worthy oxgan.ization 6on..it6 dedication and zeAv.ice to the Nede&&nd P,ibaany and to the eifiizene o6 NedeAtand. p -9nn l e .4fimo//nY w4ee/reo , wifneJJ my Ieand and Seal o� 14, Cily o/ n dl. gqlaccn��d lb, lice 22 clay of Novembeh , —4.2. May orQ� p c7 City o/ / /ec�er[anc�, .Jexad � w 7', 2 3 9 2 4 © y+ v; y 1 rLV llu`F 4 u � e CITY OF NEDERLAND A PROCLAMATION WHEREAS, home health care ranks as the least costly way of receiving quality health care; and, WHEREAS, Ultimate Home Care, Inc. employs a qualified and professional staff of registered and licensed nurses, physical therapists, speech pathologists and home health aides to offer citizens access to the highest quality and levels of in -home care; and, 1 WHEREAS; Ultimate Home Care, Inc, takes pride in its multi- service health care programs, and is dedicated to providing affordable care within the patient's home; and, WHEREAS, "Home Care Week" is celebrated by some 700 agencies throughout the state and over 5,000 throughout the nation. NOW, THEREFORE, I, Carl N. "Cropo" LeBlanc, Mayor of the City ' of Nederland, do hereby proclaim the week of November 29- December 5, 1993 as "Home Care Week" in Nederland, Texas to acknowledge the role Ultimate Home Care, Inc. land other home care agencies play in caring for the ill, elderly, disabled or injured at less cost to them, to third party payers and to the tax payers. IN WITNESS THEREOF, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 22nd day of November, 1993. Carl N. "Cropo LeBlanc, Mayor City of Nederland, Texas ATTEST: lOrrvnn_.� o LaDOnnI Floyd, City Secretary City of Nederland, Texas 1 PROCEDURES FOR CITIZENS OF NEDERLAND APPEARING AT CITY OF NEDERLAND COUNCIL MEETINGS 1. Any requests by a resident of the City of Nederland that requires Council action, or possibly requires Council action, shall be made in writing and presented to the City Secretary. The City Secretary and City Manager shall then determine whether or not Council action is required on the request. If Council action is required the item shall be placed on the agenda within thirty (30) days. All requests by residents of the City of Nederland to appear before the Council on matters that are not on the agenda of a Council Meeting shall make all requests in writing and must be very specific in nature as to the matter, or matters, to be discussed before the Council. If the City Manager deems it appropriate, such item and the resident requesting the appearance will be placed on the agenda of a City Council meeting as an information item only within the next ninety (90) days. Any person, or persons, appearing before the Council shall have ten (10) minutes to discuss the item and will not be interrupted for any purpose other than calling that person to order. The resident shall present the information to the Council in general and not to a specific councilmember nor a specific staff member. If a question is presented said question will be answered by either a member of the Council or city staff member in writing on or before forty -five (45) days. After the Council or staff member has answered the resident's question in writing the Council and /or staff member will not entertain the same question. 3. Residents appearing at a City of Nederland Council meeting shall be given a reasonable opportunity to comment on and ask questions on any item on the agenda after a motion has been made and seconded and discussed by the Council. All questions must be directed to the chair and should pertain to the motion at hand. If the chair or members of the Council thinks it necessary the chair may direct the question to a specific Councilmember. A resident desiring to make statements or ask questions on matters on the agenda shall be permitted to do so for a period of three (3) minutes. 4. Improper references, disorderly conduct by persons addressing Council. Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the presiding officer and, if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. 5. No person in the audience shall engage in disorderly conduct such as handclapping, stamping of feet, whistling, using profane language, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting. Any person guilty of the above shall be called to order by the presiding officer and, if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further audience participation before the Council during that meeting. 6. There will be reasonable limitations on use of supplemental lighting for television and motion picture cameras and they shall be positioned to create the least amount of interference with or disturbance of Council proceedings and /or discomfort to the public. 241 242 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 13, 1993 MEETING The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Steve Hamilton, Director of Public Works. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the November 22, 1993 meeting as written. All Voted Aye. LICENSES, A motion was made by Councilman Schroeter and PERMITS & FEES seconded by Councilman Doornbos 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 & Flying Pizza All Voted Aye. WAGE & SALARY A motion was made by Mayor LeBlanc and seconded by CLASSIFICATION Councilman Schroeter to approve the Wage and Salary PLAN Classification Plan for FY 1993 -94. Mayor LeBlanc, Councilman Schroeter and Councilman Moss Voted Aye. Councilman Doornbos abstained. CONFERENCES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize the City Secretary to attend the Municipal Election Law Seminar in Austin, Texas January 26 -28, 1994. All Voted Aye. 2 4 :j Minutes continued, December 13, 1993 FINANCE - A motion was made by Mayor LeBlanc and seconded by BUDGET Councilman Moss to approve an amendment to the 1993 -94 budget, transferring $8,000 from Sewer Collection Lines in Water Line Maintenance Department to Heavy Equipment Repairs and Maintenance in Water and Sewer Distribution Department to allow sufficient budgeted funds in the proper line item for an emergency expenditure to replace the sewer cleaner truck pump. All Voted Aye. POLICIES A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to table adopting a city policy concerning the payment of retirees' health insurance premiums until age 65. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to adopt a city street light installation policy. All Voted Aye. ORDINANCES, A motion was made by Councilman Doornbos and RESOLUTIONS & seconded by Councilman Schroeter to approve an PROCLAMATIONS Amendment to Ordinance No. 121, rules for land ' subdivisions. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Schroeter to approve an Amendment to Ordinance No. 164, setting regular meeting dates. All Voted Aye. Councilman Paulus arrived at 6:35 p.m. COUNCIL A motion was made by Mayor LeBlanc and seconded by EXPENSES Councilman Moss to approve Council expenses for the TML Conference held in San Antonio November 3 -6, 1993. All Voted Aye. BIDS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize bids to be received January 10, 1994 for dechlorination chemicals and tank for the Wastewater Treatment Plant. All Voted Aye. Kent Walston, Personnel Director, opened and read bids received for ten (10) sets of Fire Department protective clothing. Bidders were as follows: Four Alarm Fire Equipment, South Houston, TX - $578.95/each; Casco Industries, Pasadena, TX - $572.40 /each; Vallen Safety, Beaumont, TX - $784.55/each; and, Mile Hi -T Fire Equipment, Round Rock, TX - $604.00 /each. 2 4 4 '4 Minutes continued, December 13, 1993 BIDS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to refer bids received for ten sets of Fire Department protective clothing to the Interim City Manager and staff for tabulation and recommendation. All Voted Aye. Kent Walston, Personnel Director, opened and read bids received for a photocopier and coin vend system for the D. Bob Henson Memorial Library. Bidders were as follows: Dittos, Beaumont, TX - $286.85 /month with end of lease purchase of $700.00; Star Graphics, Beaumont TX - $220.00 /month with end of lease purchase of $689.30; and, Better Business Machines, Beaumont, TX - $181.50 /month with end of lease purchase of $567.00. A motion was made by Councilman Doornbos and seconded by Councilman Schroeter to refer bids received for a photocopier and coin vend system for the D. Bob Henson Memorial Library to the Interim City Manager and staff for tabulation and recommendation. All Voted Aye. Kent Walston, Personnel Director, opened and read bids received for 225 garbage containers for fully automated waste collection system. Bidders were as follows: Roto Industries, Anaheim, CA - ' $50.50 /each, Alternate Bid - $48.08; Reuter Manufacturing, Inc., Hopkins, MN - $49.00 /each; Otto Industries, Charlotte, NC - $64.00 /each; and, Toter, Inc., Statesville, NC - $48.50 /each. A motion was made by Councilman Moss and seconded by Councilman Paulus to refer bids received for 225 garbage containers to the Interim City Manager and staff for tabulation and recommendation. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment to KSA Engineers, Inc. in the amount of $10,560.00 for engineering services during the design phase of the Water Treatment Plant. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Schroeter to authorize payment of the bills for the month of November, 1993. All Voted Aye. EXECUTIVE An Executive Session was called to order at 7:08 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of receiving an update relative to the City Minutes continued, December 13, 1993 EXECUTIVE Manager position from the SESSION discuss a personnel item; (CONT.) the purpose of receiving possible litigation w Telephone. 245 Search Committee, and to and, Chapter 551.071 for information relative to ith Southwestern Bell The Executive Session was adjourned at 8:05 p.m. and the regular meeting was called back to order. Mayor LeBlanc announced that all items were for informational purposes only and that no action was necessary. COMMUNICATIONS Chief Neal asked Steve Hamilton, Director of Public Works, for an update on the proposed annexation. Mr. Hamilton presented a map outlining the proposed annexation to the Council. He added that he will have more information at a later date. Councilman Paulus asked for a Work Session to be heid the first meeting in February to discuss the annexation. W. E. Sanderson, City Attorney, reported to the Council that a new dock constructed at Unocal is in ' Nederland's extraterritorial jurisdiction, and it is his understanding that the terms of the in lieu of tax contract prohibits it from being taxed during the term of the agreement. The Council directed the City Attorney and /or City Manager to contact Unocal officials to invite them to a meeting at City Hall or to a Council meeting to explain their views on the subject. Chief Neal reported to the Council that he had B.F.I. give an estimate for street sweeping. B.F.I. measured the main streets (Helena, Boston, Avenue H, and the entrance to Doornbos Park) for a total of 11 curb miles @ $44.33 per curb mile, which would be $487.63 per month. If additional miles were needed they would be billed at $44.33 per curb mile. Councilman Paulus reported leaves are stopping up the drainage in many areas of town, particularly in school crossings on Helena Avenue. Mayor LeBlanc reported that the curbs on Nederland Avenue from 17th Street to 24th Street are in need of cleaning. 246 4 Minutes continued, December 13, 1993 ADJOURN There being no further business, the meeting was adjourned at 8:42 p.m. by Mayor Carl N. LeBlanc. eol�t 4 - ai 8'&� Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ' 07 A d Donna Floyd, dity Secretary City of Nederland, Texas 1 1 247 "_- --�---'-�--------_-_-- 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 V/ LaDonna Floyd City Secretary Billy Neal Interim City ManagerMolice Chief Kent Walston Personnel Director Steve Hamilton Director of Public Works Mike Lovelady Fire Chief James Byers Building Official Brenda Warren Librarian Cheryl Dowden City Treasurer Parks Director Date STREET LIGHT INSTALLATION POLICY REQUEST PROCEDURE - The City of Nederland must authorize Gulf States Utilities to install a street light before it may be added to the City's Utility bill. Persons may request lights by contacting the City Manager's office. When a light is authorized by the City of Nederland, Gulf States Utilities provides the installation. Although the City of Nederland attempts to determine any potential difficulties prior to requesting an installation, Gulf States may find unforeseen difficulties. In such cases, an alternate location will be found or the request will be cancelled. LOCATION - The priority locations for street lights are intersections, since traffic volumes and visibility needs are greatest at intersections. The desired typical spacing of lights along sections is 250 feet, with a minimum distance between lights of 200 feet. Special conditions, such as curves or bridges and ' etc. may justify a closer spacing in rare instances. Generally, 50 percent of an area must be developed or be actively developing before lights are installed. Whenever practical, street light installations are made on existing poles. If a pole must be installed, the City pays only for a standard wooden pole with overhead power lines. No wooden poles shall be used in an area that has existing metal or concrete poles. If a person or group desires another type of pole or underground power lines, they may contact Gulf States Utilities. The person or group must pay any differences in cost from the normal cost to the City. INSTALLATION CONSIDERATIONS - Existing areas may have many considerations which limit installation of lighting. The following are generally the most important factors: a. Existing light locations may limit the possibility of installing additional lights without falling below the 200' minimum spacing. b. Power sources may limit spacing alternatives. For example, lines for light power often run between houses from a power pole at the back of a lot. Matching power sources to be desired on street lighting may be a limiting factor. C. Poles and lines must be within either the street right - of -way or an easement. The right -of -way generally includes area owned by the City for roadways, utilities, drainage, etc. An easement is generally private property, but utilities or others have been granted a right to cross. The lack of easements may limit light installation. For example, if a power line must run between houses to reach the street and owners will not grant an easement, no light can be installed. d. Trees may limit placement due to blockage on the street or an easement over which power must cross. Approved at a regular council meeting on December 13, 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 250 CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 121 AN AMENDMENT TO ORDINANCE NO. 121 REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND SETTING STANDARDS FOR PLAT MAPS, STREETS, WATER AND SEWER DISPOSAL, IMPROVEMENTS AND ALL OTHER MATTERS PERTAINING TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND TEXAS: RULES FOR LAND SUBDIVISIONS NEDERLAND, TEXAS This amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said Ordinance voiding No. 3 Class 1 Subdivisions in its entirety and adding a new No. 3 Class 1 Subdivisions to read as follows: A. The City of Nederland shall approve the location and number of street lights to be installed in proposed subdivisions. Street lights are required in all subdivisions developed after the effective date of this amendment, consistent with the I following criteria: 1. The proposed street light locations shall be designated on the preliminary plat. 2. Street lighting shall be installed on metal poles when underground power lines are used. 3. The City of Nederland shall approve street light locations and may require relocation of designated street lights and /or addition or deletion of street lights. 4. The minimum capacity of residential luminaries shall be one hundred (100) watt high pressure sodium (8,500 lumens) or an approved equal. 5. Street lights shall be installed at all intersections and at additional locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and /or other conditions necessitate. B. All cost associated with the construction and installation of street lights in subdivisions developed after the effective date of this amendment shall be paid by the subdivider; plus one year's rental on the street light, in accordance with Gulf States Utilities Company's street lighting agreement with the City of Nederland. Payment of said cost shall be a prerequisite to the approval and final acceptance of the subdivision by the City of Nederland. C. Upon installation and acceptance of any public street light at a location established in accordance with the above guidelines, the City shall assume the monthly power and maintenance cost charges set in accordance with Gulf States 2 11 Utilities Company's street lighting agreement with the City of Nederland. PASSED by majority vote of Members of the Ci y Council of the City of Nederland, Texas, this the �_ day of T,= , A.D., 1973. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ^ 0 qr -L (J(r, n n -L Donna Floyd, City Secretary City of Nederland, Texas APP OV A TO FORM: W. E. Sanderson, City Attorney ' City of Nederland, Texas 1 252 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM DECEMBER 20, 1993 THROUGH APRIL 25, 1994. 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 3 :00 p.m. on each of the following dates: December 20 All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: January 10 January 24 February 14 February 28 March 14 March 28 April 11 April 25 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly ' repealed. PASSED AND APPROVE by the City Council at a regular meeting this the i_� day of r 19 L Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ,� / r 1 /r,�nn l &4 id LaDonna Floyd, City Secretary City of Nederland, Texas APPROVE AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 253 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. December 20, 1993 MEETING The meeting was called to order at 3:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Brenda Warren, Librarian. MINUTES A motion was made by Mayor Carl N. LeBlanc and seconded by Councilman Schroeter to approve the minutes of the December 13, 1993 meeting as written contingent upon marking Councilmen Paulus and Schroeter present on the attendance sheet. All Voted Aye. ' EXECUTIVE An Executive Session was called to order at 3:04 SESSION p.m. by Mayor Carl N. LeBlanc as authorized by Texas Government Code, Chapter 551.074, for the purpose of interviewing finalists for the City Manager position - C. P. Cowart, Roger Carlisle, John Pape, and Bill Storey, and to discuss a personnel item; and, Chapter 551.071 for the purpose of receiving an update relative to pending litigation with DuPont Beaumont Works. The Executive Session was adjourned at 7:37 p.m. and the regular meeting was called back to order. Mayor LeBlanc announced that the personnel item and pending litigation with DuPont was for informational purposes only and that no action was necessary. APPOINTMENTS A motion was made by Councilman Paulus to remove from the table appointment of a City Manager. Motion died for lack of a second. Mayor LeBlanc announced that the City Council would like to question the applicants for the City Manager further but due to not all of them staying for the remainder of this meeting the appointment will have to be delayed. He added that a Special Meeting may be called for Monday, December 27, 1993 at 3:00 p.m. for the purpose of appointing a City Manager. 254 Minutes continued, December 20, 1993 LICENSES, A motion was made by Mayor LeBlanc and seconded by PERMITS & FEES 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 & Flying Pizza All Voted Aye. POLICIES A motion was made by Councilman Paulus and seconded by Councilman Schroeter to remove from the table adopting a policy concerning the payment of retirees' health insurance premiums. All Voted Aye. A motion was made by Councilman Doornbos and , seconded by Councilman Moss to adopt a City policy, effective January 1, 1994, to authorize payment of retirees' health insurance premiums until they reach age 65. All Voted Aye. CONTRACTS/ A motion was made by Mayor LeBlanc and seconded by AGREEMENTS Councilman Paulus to approve a request from Jefferson County Mosquito Control to allow their planes to fly low over the territory under the City of Nederland's jurisdiction. All Voted Aye. ORDINANCES, A motion was made by Councilman Paulus and seconded RESOLUTIONS & by Councilman Doornbos to approve an Amendment to PROCLAMATIONS Ordinance No. 147, changing the City employee payday from every other Friday to every other Wednesday. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for ten (10) sets of Fire Department protection clothing to Four Alarm Fire Equipment, South Houston, TX in the amount of $5,789.50. All Voted Aye. Minutes continued, December 20, 1993 BIDS (CONT.) A motion was made by Councilman Doornbos and seconded by Councilman Moss to award bids received for a photocopier and copier coin vend system for the D. Bob Henson Memorial Library to Better Business Machines, Beaumont, TX in the amount of $181.50 per month for 36 months and purchase price at end of lease $567.00. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to table awarding bids received for 225 garbage containers. All Voted Aye. COMMUNICATIONS W. E. Sanderson, City Attorney, informed the Council that he and Cheryl Dowden, City Treasurer, met with representatives of Unocal relative to their in lieu of tax contract. He added that the dock in question is a new dock and should not be taxed, and there is also a question as to whether or not it is in our extraterritorial jurisdiction. Unocal, as permitted in the contract, has requested a Public Hearing be held prior to Council's decision on any new tax. Mr. Sanderson suggested the Public Hearing be conducted January 24, 1993. Brenda Warren, Librarian, announced that the library was chosen to receive a $25,000 grant from the Effie and Wilton Hebert Foundation. ADJOURN There being no further business, the meeting was adjourned at 8:00 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaD nna Floyd, Ci¢ y Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas 255 2 ") b /2-626 -9 Date 1 1 CITY OF NEDERLAND POLICY CONCERNING PAYMENT OF HEALTH INSURANCE PREMIUMS FOR ALL CITY EMPLOYEES WHO RETIRE ON OR AFTER 1 -1 -94 UNTIL THEY REACH AGE 65. The City of Nederland shall henceforth pay health insurance premiums for all City of Nederland employees who retire on or after 1 -1 -94 until they reach age 65. Approved: II 1 im s, #-) v ti Jefferson County MOSQUITO CONTROL DIRECTOR COMMISSIONERS 2748 Viterbo Road - Box 8 LEE CHASTANT DR. R. B. WILCOX, Chairman Beaumont, Texas 77705 Graduate Entomologist 3201 Bryan Avenue, Groves, Texas 77619 (409) 722 -5350 MR. ROBERT BENTLEY, Secretary ORGANIZED 1950 P.O. Box 2215, Nederland, Texas 77627 MR. GERALD GIPSON 354 Pinchbeck Road, Beaumont, Texas 77707 MR. PAUL SILVA 3933 8th Avenue, Port Arthur, Texas 77642 MR. ANTHONY SACKER 4635 Elmhurst Drive, Beaumont, Texas 77706 December 7, 1993 Mayor Carl LeBlanc P.O. Box 967 Nederland, Tx 77627 Dear Mayor LeBlanc: Each year the Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control planes to fly low over the territory under their jurisdiction. It is respectfully requested that the City Counsel sign the enclosed letter granting permission for the Jefferson County Mosquito Control District to operate airplanes over the County for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and of complying with all the rules and the regulations upon the operator of the aircraft. This file is open at all times for inspection. The Director or Chief Pilot will gladly assist you in the delineation of areas over which flights should be avoided. Respectfully yours, Willie J aGrone , Chief Pilot WJL:vg cc: Commissioner Jimmie Cokinos, Precinct #11 Commissioner Mark Domingue, Precinct #2 Commissioner Waymon D. Hallmark, Precinct #3 1 Commissioner Edward Moore, Precinct #4 I / Ate. �1 The Jefferson County Mosquito Control District is authorized to fly at low levels as necessary to apply insecticides for the control of mosquitoes within the limits of Nederland. Signed: Date:. 29r �L f] C 25c 260 AN AMENDMENT TO ORDINANCE NO. 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL 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 Wednesday as opposed to Friday based on a biweekly payroll. 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 Wednesday 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 20th day of December, A.D., 1993. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 04-16111 cam'))" LaDonna Floyd, �ty Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: W. E. Sanderson, City Attorney City of Nederland, Texas 6 � i 1 I . 1