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1995 (2)00 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 9, 1995 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 Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the December 19, 1994 meeting as written. All Voted Aye. ' RESIGNATION Councilman Schroeter announced that due to a change in his residence from Ward II to Ward I he will no longer be eligible to serve as councilman representing Ward II, therefore, is resigning from his position effective immediately. Councilman Schroeter expressed his gratitude to the citizens of Nederland for the opportunity to serve them, and also his appreciation for the invaluable political experience provided by this position. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the resignation of Wm. E. "Will" Schroeter, Jr., Councilman Ward II due to residence change. All Voted Aye. COMMENTS Bobbie VanAuken, 219 - 31 Street, to speak regarding employee certification pay. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to postpone approval of a contract with Jones & Neuse, Inc. for engineering and environmental services. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve contracts with Newton & Company, and King Bethune, Inc. (Parkway Village) for water services. All Voted Aye. 02 Minutes continued, January 9, 1995 BIDS A motion was made by Councilman Paulus and seconded by Councilman Doornbos to award bids received for a bank depository to NationsBank, contingent on Section XIV of the contract being changed to read five (5) days instead of ninety (90) days subject to approval by NationsBank. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to award bids received for an emergency generator for City Hall and the Fire and Police Departments to Stewart & Stevenson in the amount of $16,652.00. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve payment to KSA Engineers, Inc. in the amount of $3,920.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve payment of the bills for the month of December, 1994. All Voted Aye. COMMENTS Bill Storey, City Manager, stated that the City has received several letters ' commending the efforts of Police Officer Nicky Matt and Dispatchers Jennifer Gardner and Mtti Johnson. EXECUTIVE The regular meeting was recessed at 6:34 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel. RECONVENE The regular meeting was reconvened at 7:28 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action was necessary. COMMUNICATION Bill Storey, City Manager, commended a job well done by Cheryl Dowden, City Treasurer, for an excellent year in investing the City's funds, which saw an increase of 42% over previous years. 1 Minutes continued, January 9, 1995 ADJOURN There being no further business, the meeting was adjourned at 1:29 p.m. by Mayor Carl N. LeBlanc. ar N. LeB anc, Mayor City of Nederland, Texas ATTEST: c�" Labonna Floyd, City Secretary City of Nederland, Texas 1 003 COOP THE STATE OF TEXAS § COUNTY OF JEFFERSON § arm KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into by and between the CITY OF NEDERLAND, a municipal corporation in Jefferson County, Texas, and Countryside Estates, (d /b /a Newton and Companyj. W I T N E S S E T H: I. The City of Nederland (hereinafter referred to as "City "), subject to and upon the terms and conditions hereinafter set forth agrees to furnish to Countryside Estates (hereinafter referred to as "Company ") , potable water, and Company hereby agrees to pay for such potable water under the terms of this contract, at the rate I provided for below. II. This agreement shall be for an indefinite term; however, any one of the Parties herein may withdraw from this Agreement upon the giving .of notice in writing to the other Party sixty (60) days prior to its withdrawal date. Upon withdrawal of a Party, thereafter neither Party shall be bound by any of the provisions herein, except as to obligations, liability, duties, etc. incurred prior to the withdrawal date. III. A minimum rate of $6.25 shall be assessed for the first 2000 gallons. All usage in excess of the first 2000 gallons shall be based on the following rate: $2.00 per 1,000 gallons for water and $0.25 per 1000 gallons for maintenance charge. The charge as set 005-- out herein shall be amended and effective upon the effective date of any subsequent amendment to Ordinance No. 155 which may hereafter be approved by the City Council of the City of Nederland, Texas. IV. Op� In consideration of the terms set forth above, Company will: (1) provide all labor, material, insurance, and contingencies necessary to maintain and operate the water system from the water meter; (2) Construct all its facilities in accordance with the City of Nederland ordinances and state law; (3) Obtain permits and provide inspections for residential or commercial taps in accordance with Ordinance No. 155, the Plumbing Code and state law; ' and (4) make all payments to the City hereinunder when due. V. The City shall furnish Company with monthly statements and same shall be due and payable within fifteen (15) days after the postmark date of bill each month. The City shall thereafter have the right to cease delivery of potable water under this contract by giving Company ten (10) days prior written notice by registered mail for Company's failure to pay for said potable water services billed thereunder. - VI. The Company shall agree to permit fire equipment of the City of Nederland to connect to fire hydrants and flushing valves within the system for the purpose of extinguishing fires, and further agree to provide the necessary water for performing such fire fighting duties; however, this provision shall not jeopardize the COP future charging by the City of Nederland of Jefferson County and /or Newton and Company, for providing such fire fighting service when- ever provisions for such changes may be provided for. VII Company, as part of its consideration of this contract, agrees that the City, its agents and representatives, shall have (and it is hereby granted) the privilege and permission to inspect any taps in connection with the service rendered by Company to its customers. Company covenants, binds and obligates itself that all connections and other plumbing hereafter installed in this system shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to Company potable water of the same quality that it ' delivers to its customers within its corporate limits. Failure of Company to correct any violation of this paragraph VII within thirty days (30) after receipt of written notice from the City of said violation, shall give the City the right to terminate this contract. VIII. It is further understood and agreed that the City shall not be liable to Company nor its customers for failure to furnish potable ' water under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any act of God or the destruction or breakdown from any cause whatsoever, or by reason of insufficient treating capacity. 007 %0 IX. The parties hereto agree that it is the duty of the City to furnish potable water to its own residents first and that the rights of Company under this contract are subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas. X. In the event the City, during the term of this contract, shall be unable to furnish sufficient amounts of potable water for the use and needs of Company or its customers, then it is agreed that this contract may be terminated by Company, and that such potable water may be purchased from any other available source. XI. Annexation of the territory served by Company by the City shall give the City the right to immediately terminate this contract. XII. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any municipal or other governmental body or agency having jurisdiction hereof. XIII. This contract shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. IV. This contract shall become effective upon the execution by the parties hereof. IN WITNESS WHEREOF, Newton and Company, and the City of Nederland, Texas respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this contract to be signed in duplicate originals on this the R day of � , 19 C'7,<. ATTEST: l Ti ` �l/c^�/titA l X 1_Cl�nr�l LaDonna Floyd City Secretary MEN Approved As To Form And Legality: City Attorney CITY OF NEDERLAND, TEXAS Carl N. LeBlanc, Mayor Countyside Estates By: Name: Title: "Company" 1 1 1 1 1 000 �p THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This agreement made and entered into by and between the CITY OF NEDERLAND, a municipal corporation in Jefferson County, Texas, and KING BETHUNE, INC., a Florida corporation. W I T N E S S E T H: I. The City of Nederland (hereinafter referred to as "City "), subject to and upon the terms and conditions hereinafter set forth agrees to furnish to King Bethune, Inc. (hereinafter referred to as "King Bethune "), potable water and the treatment of household and commercial sewage, and King Bethune hereby agrees to pay for such potable water and treatment service under the terms of this contract, at the rate provided for below. II. This agreement shall be for an indefinite term; however, any one of the Parties herein may withdraw from this Agreement upon the giving of notice in writing to the other Party sixty (60) days prior to its withdrawal date. Upon withdrawal of a party, thereafter neither Party shall be bound by any of the provisions herein, except as to obligations, liabilities, duties, etc. incurred prior to the withdrawal date. III. A minimum rate of $13.95 shall be assessed for the first 2000 gallons. All usage in excess of the first 2000 gallons shall be 010 CO based on the following rate: $2.00 per 1,000 gallons for water; $0.65 per 1000 gallons for sewer; and $0.50 per 1000 gallons for maintenance charge. The charge as set out herein shall be amended and effective upon the effective date of any subsequent amendment to ordinance No. 155 which may hereafter be approved by the City Council of the City of Nederland, Texas. IV. In consideration of the terms set forth above, King Bethune will provide all labor, material, insurance, and contingencies necessary to detect and correct any and all sewer infiltration detectable with smoke testing methods and maintain a sewer collection system free from infiltration. ' V. The City shall furnish King Bethune with monthly statements and same shall be due and payable within twenty (20) days after the postmark date of bill each month. The City shall thereafter have the right to cease delivery of potable water and treatment of sewage under this contract by giving King Bethune ten (10) days prior written notice by registered mail for King Bethune's failure to pay for said potable water and sewage services billed - thereunder. VI. King Bethune, as part of its consideration of this contract, agrees that the City, its agents and representatives, shall have (and it is hereby granted) the privilege and permission to inspect oil COpf the sanitary sewers in connection with the service rendered by King Bethune to its customers. King Bethune covenants, binds and obligates itself that all sewer connections and other plumbing hereafter installed in this system shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to King Bethune potable water and sewage treatment of the same quality that it delivers to its customers within its corporate limits. VII. It is further understood and agreed that the City shall not be liable to King Bethune nor its customers for failure to furnish ' potable water and /or sewage treatment under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any act of God or the destruction or breakdown from any cause whatsoever, or by reason of insufficient treating capacity. VIII. The parties hereto agree that it is the duty of the City to furnish potable water and sewage treatment to its own residents first and that the rights of King Bethune under this contract are subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas. IX. In the event the City, during the term of this contract, shall be unable to furnish sufficient amounts of potable water and treatment for the use and needs of King Bethune or its customers, then it is agreed that this contract may be terminated by King Bethune, and that such potable water and treatment may be purchased from any other available source. X. The City's annexation of the property owned by King Bethune or any of the territory served by King Bethune shall give the City the right to immediately terminate this contract. The sewer lift station and force main shall automatically become the property of the City of Nederland upon annexation. XI. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any municipal or other governmental body or agency having jurisdiction hereof. XII. This contract shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. XIII. This contract shall become effective upon the execution by the parties hereof. IN WITNESS WHEREOF, King Bethune, Inc., and the City of Nederland, Texas respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this 1 1 1 1 1 contract to be �silgned in duplicate originals on this the r day of ! ' v 4O A, , 19-1:1-. ATTEST: Q�l" rAL, d LaDonna Floyd, City Secretary Approved As To Form And Legality: City Attorney CITY OF NEDERLAND, TEXAS Carl N. LeBlanc, Mayor KING BETHUNE, INC. By: Name: Title: �p� "King Bethune" O1� 014 Name CITY Or NLDERLAND COUNCIL MEETING ATTENDANCE SHEET 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 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor �r CA,4d City Secretary / -9 -9 Date 1 1 I 015 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 23, 1995 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 Paulus and seconded by Mayor LeBlanc to approve the minutes of the January 9, 1995 meeting as written. All Voted Aye. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, certification pay. CONTRACTS A motion was made by Councilman Doornbos and seconded by Councilman Moss to postpone approval of a contract with Jones & Neuse, Inc. for engineering and environmental services. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve employing the services of Baker & Botts, L.L.P. as legal counsel in the T.N.R.C.C. litigation. All Voted Aye. LICENSE TO A motion was made by Councilman Paulus and seconded by Councilman Moss ENCROACH to authorize the City Manager to sign a License to Encroach with Ronnie Cessac, 2108 Avenue L; and, grant variance for same. All Voted Aye. AGREEMENT A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize the Jefferson County Mosquito Control to fly planes low over the territory under the City of Nederland's jurisdiction for mosquito control purposes. All Voted Aye. TMRS A motion was made by Councilman Moss and seconded by Councilman Doornbos to approve reimbursement of $8,887.53 for underfunding of Texas Municipal Retirement System accounts. All Voted Aye. pl b Minutes continued, January 23, 1995 SURPLUS A motion was made by Mayor LeBlanc and seconded by Councilman PROPERTY Doornbos to authorize the sale of scrap metal in the Public Works Department. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Councilman Doombos to authorize the advertisement of bids for carpeting and formica for the D. Bob Henson Memorial Library. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment to Allco, Inc. in the amount of $144,001.30 for Pay Estimate No. 4, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize payment to KSA Engineers, Inc. in the amount of $3,920.00 for engineering services rendered during the construction phase of the Water Treatment Plant construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:20 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to discuss personnel; and Chapter 551.071, to discuss the T.N.R.C.C. litigation. RECONVENE The regular meeting was reconvened at 7:27 p.m. by Mayor LeBlanc. He announced that the T.N.R.C.C. litigation and the personnel items were held for informational purposes. He added that the City Manager has been directed to call a Special Meeting to be held Monday, January 30, 1995 for the purpose of interviewing candidates for the vacant Ward II Council seat. COMMUNICATION The City Manager read a letter of commendation regarding Nederland Police Officer Corey Mendoza relative to his quick response to a burglary at Sonic Drive Inn. Councilman Doornbos asked about the required corporation that must be formed due to the recent sales tax increase. The City Manager responded that the City Attorney is working on this matter and will report back to Council soon. Minutes continued, January 23, 1995 Councilman Moss reported that his appointment to the Citizens Advisory Committee has notified him that he will have to vacate his position, therefore, he will find a replacement for this position. ADJOURN There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor Carl N. LeBlanc. t ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 0"m"4-1;3 Carl N. LeBlanc, Mayor City of Nederland, Texas 01'7 Councilman Doornbos also inquired about the drainage problems we have experienced during recent heavy rains. Mr. Storey remarked that we have been talking to Drainage District No. 7 with some success and suggestions, but the Highway Department has not been as cooperative. Councilman Paulus reported that residents are still placing trash in ditches and that this problem needs to be addressed. The City Manager stated that we currently have an ordinance which assesses a fine for obstructing drainage and we may begin enforcing it. Councilman Moss reported that his appointment to the Citizens Advisory Committee has notified him that he will have to vacate his position, therefore, he will find a replacement for this position. ADJOURN There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor Carl N. LeBlanc. t ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 0"m"4-1;3 Carl N. LeBlanc, Mayor City of Nederland, Texas 01'7 o� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I VACANCY Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chier Cheryl Dowden City "rreasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve ltamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian I/ Mayor �: } City Secretary Date fl t 1 1 THE STATE OF TEXAS COUNTY OF JEFFERSON LICENSE TO ENCROACH `UQ WHEREAS, on the date last indicated below, the City of Nederland, a municipal corporation, situated in Jefferson County, Texas, hereinafter referred to as "Licensor ", and Ronald L. Cessac and wife, Sue H. Cessac, as Owners, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee owns the property known as 2108 Avenue L, Nederland, Jefferson County, Texas, the same being more fully described as Lot No. 37, Block 9, of Allan Meadow Section Two, a subdivision to the City of Nederland, Jefferson County, Texas as the same appears by map or plat of said addition, on file and of record in Volume 12, Page 80, of the Map Records of Jefferson County, Texas; ,and, WHEREAS, Licensee desires a license from Licensor to use part of the 8' utility easement at the rear of said property for the following purposes, to wit: for a 3.3' encroachment into the 8' rear easement for the existing pool deck, all of said encroachment being more particularly described on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Licensor hereby grants Licensee a license to use part of the 8' utility easements as described above, all as shown on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. The subject property may continue to be occupied by Licensee solely in connection with existing structures as indicated by the drawing in the aforementioned EXHIBIT "A" and for incidental purposes related thereto. This license shall terminate upon decision of the City Council of Nederland as described below or upon the removal or demolition of said encroachment, as herein depicted on the aforementioned EXHIBIT "A ". Improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor, in writing, of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. 1 019 020 In the event the City of Nederland, by Resolution of the City Council of such City determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public and it terminates this license, or any part thereof, Licensee shall not receive any compensation and the City of Nederland, Texas, shall not be liable therefore, whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor against, and pay in full, for all claims, losses, damages, lawsuits, costs or expenses, that Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure, or the removal of same, and expressly including, but not limited to, such damages, etc. caused by or resulting from the negligence or misconduct of Licensor, its agents, employees, invitees, and assigns. It is further agreed between the parties that this License shall be construed as a covenant running with the land and shall be binding upon and shall insure to the benefit of Licensee and subsequent owners of said property. Licensor, and any franchised utility of Licensor, reserves the right to make improvements, perform maintenance and construction' to the easement or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain any claims against such parties for any such damage sustained by Licensee to said encroachment structure or any abutting or attached ' structures, improvements or land caused by the removal or alteration of any encroachment. This license shall be recorded in the real property records in the Office of the County Clerk of Jefferson County, Texas, by Licensor. This license is neither assignable nor transferable except in conjunction with and as a part of Licensee's conveyance of all the abutting property their license serves through probate or warranty deed or lease. In any event, Licensor shall be notified of such occurrence by delivering a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if mailed or hand - delivered to the Office of the City Manager, City of Nederland, Jefferson County, Texas. Any notice to Licensee shall be sufficient if mailed or hand - delivered to Licensee at 2108 Avenue L, Nederland, Texas 77627. 1 EXECUTED this a 33 day of , Jan r,, r, , 1995. ATTESTED: City Secretary APPROVED: kip Richard D. Hughes City Attorney THE STATE OF TEXAS § § COUNTY OF JEFFERSON § LICENSOR: CITY OF NEDERLAND By:� Bill Storey City Manager ,1 LICENSEE: Ronald L. Cessac Sue H. Cessac 00-1- This instrument was acknowledged before me on �'r • -,� i or e 1995, by Ronald L. Cessac and Sue H. Cessac. "i osesvcraFFiN Notary Public, Stat&of Texas rte,` Notary Public . *3 -) STATE OF TEXAS Please return to: \ \ \\ My ComMafp, ExaGq Feettu�mr t t, 1997 3 LaDonna Floyd City of Nederland P 0 Box 967 Nederland TX 77627 02 Jefferson County MOSQUITO CONTROL 2748 Viterbo Road - Box 8 Beaumont, Texas 77705 (409) 722 -5350 ORGANIZED 1950 Mayor Carl LeBlanc P.O. Box 967 Nederland, TX 77627 DIRECTOR COMMISSIONERS LEE CHASTANT t DR. R. B. WILCOX, Chairman Graduate Entomologist 3201 Bryan Avenue, Groves, Texas 77619 MR. ROBERT BENTLEY, Secretary P.O. Box 2215, Nederland, Texas 77627 January 11, 1995 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 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. Signature: I l` f" �� Date: n ^Q�1 �(VJ �v 1 1/ i i 023 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:00 p.m. January 30, 1995 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 Bill Storey, City Manager. MINUTES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the minutes of the January 23, 1995 meeting as written. All Voted Aye. DONATIONS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept a donation of a 1985 Ford Van from Billy Lavender to be used in the Public Works Department. All Voted Aye. RIENSTRA PARK A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the Correction Deed for the Rienstra Park property. All Voted Aye. EXECUTIVE The special meeting was recessed at 5:07 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to interview candidates for the vacant Ward II Council seat as follows: Wes Sanderson, Jack McGlothin, Homer Nagel, Joe Daughtry, James Crane, Jim McDaniel, and Tom Hanna. RECONVENE The special meeting was reconvened at 6:38 p.m. by Mayor LeBlanc. He announced that the interviews were for informational purposes only and that the City Manager has been directed to call another Special Meeting to be held Tuesday, February 7, 1995 for the purpose of interviewing Tom Hanna who was unable to attend, and to make a selection for the vacant position. 024 Minutes continued, January 30, 1995 COMMUNICATION Bill Storey, City Manager, informed the Council that they will be receiving a report from T.N.R.C.C. soon. ADJOURN There being no further business, the meeting was adjourned at 6:39 p.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City gecretary City of Nederland, Texas 1 I 1 025 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 VACANCY Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director (/ Brenda Warren Librarian i /` " Mayor l o� City Secretary Date �2 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 5:30 p.m. February 7, 1995 MEETING The meeting was called to order at 5:30 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 Mayor LeBlanc to approve the minutes of the January 30, 1995 meeting as written. All Voted Aye. 1 EXECUTIVE The regular meeting was recessed at 5:37 p.m. by Mayor LeBlanc for the , SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel - appointment of Councilman. RECONVENE The regular meeting was reconvened at 6:30 p.m. by Mayor LeBlanc. APPOINTMENT A motion was made by Councilman Moss and seconded by Mayor LeBlanc to appoint Homer E. Nagel to fill the unexpired term of Councilman Ward II seat. All Voted Aye. COMMENTS Councilman Doornbos thanked all the candidates for their interest in the community. Mr. Nagel thanked the Mayor and Council, as well as the citizens, who showed confidence in him to fill the vacant position. 1 Minutes continued, February 7, 1995 ADJOURN There being no further business, the meeting was adjourned at 6:35 p.m. by Mayor LeBlanc. ATTEST: 44onna ,n .nr Floyd, City Secretary City of Nederland, Texas 1 ar N117efilahc,Ki4or City of Nederland, Texas 027 028 Go%* CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 VACANCY Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Air. Rod Hatch Building Official Jim Weaver Parks Director ✓ Brenda Warren Librarian ��G n Mayor / °_LcT; City Secretary 02I �I9s Date I- I L 029 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 13, 1995 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 Brenda Warren, Librarian. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve the minutes of the Special Meeting of February 7, 1995 as written. All Voted Aye. PUBLIC HEARING A motion was made by Mayor LeBlanc and seconded by Councilman Moss to postpone authorizing a Public Hearing to be held at 6:00 p.m., March 13, 1995 for the purpose of rezoning property located at 1705 Canal Avenue. All Voted Aye. COMMENTS Hadon Jones, 924 Avenue E, addressed Council relative to drainage ELECTION A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve the "Order Calling Election" providing for an election to be held May 6, 1995 for the purpose of electing two Councilmembers - one from Ward I and one from Ward III. All Voted Aye. RESOLUTIONS A motion was made by Councilman Paulus and seconded by Councilman Moss to approve Resolution 1995 -01, appointing Ms. Gladys Salts, Election Judge, and Ms. Jeanne Green, Alternate Election Judge. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve Resolution 1995 -02, authorizing employee participation in the cellular phone service plan offered by GTE Mobilnet contingent upon adding a clause relative to the City not being obligated as a surety, as advised by the City Attorney. All Voted Aye. 030 Minutes continued, February 13, 1995 RESOLUTIONS A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to approve Resolution 1995 -03, upholding current annexation laws contingent upon deleting "all" in the last paragraph as advised by the City Attorney. All Voted Aye. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1995 -01, adoption of the Code of Ordinances. All Voted Aye. CITY FACILITY A motion was made by Councilman Moss and seconded by Councilman Doornbos to authorize the Nederland Bulldog Booster Club to use City facilities for their annual fundraiser. All Voted Aye. LEASE A motion was made by Mayor LeBlanc and seconded by Councilman Moss AGREEMENT to approve an amendment to a lease agreement between the City of Nederland and Eddie H. King for property located at 908 Boston Avenue. All Voted Aye. BIDS A motion was made by Councilman Paulus and seconded by Councilman Moss to reject bids received for carpet and formica for the D. Bob Henson Memorial Library and re- advertise due to only one bid being received. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize advertisement of bids for a microfilm reader /printer for the library, and, painting the interior and exterior of the D. Bob Henson Memorial Library. All Voted Aye. PAYMENTS A motion was made by Councilman Paulus and seconded by Councilman Moss to approve payment of the bills for the month of January, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:38 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss personnel. RECONVENE The regular meeting was reconvened at 8:05 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. Minutes continued, February 13, 1995 COMMUNICATION Bill Storey, City Manager, informed the Council that the City of Nederland was successful in receiving the grant applied for to conduct a sewer project in the Hilldale area. He added that we were Number 2 in the region and Number 7 in the State. ADJOURN There being no further business, the meeting was adjourned at 8:13 p.m. by Mayor LeBlanc. yo City of Nederland, Texas ATTEST: "4i vLaDonna Floyd, City Secretary ' City of Nederland, Texas 1 0311 032 rl Qt CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor c�.i ,-,in. City Secretary l3 -qs Date pj 1 1 i RESOLUTION 1995 -01 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 Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED THAT I, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Gladys Salts as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; Jeanne Green as the Alternate Election Precinct Judge and Alternate Judge for the Early Voting Ballot Board; and, LaDonna Floyd to serve as Presiding Judge at the Central Counting Station for the City of Nederland General Election to be held Saturday, May 6, 1995. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the day of , 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City §ecretary City of Nederland, Texas 1 033 034 CITY OF NEDERLAND RESOLUTION 1995 -02 A RESOLUTION AUTHORIZING EMPLOYEE PARTICIPA- TION IN THE CELLULAR PHONE SERVICE PLAN OFFERED BY GTE MOBILNET. WHEREAS, the City of Nederland currently participates in the cellular phone service offered by GTE Mobilnet and takes advantage of the cost savings offered through the State contract pricing; and WHEREAS, GTE Mobilnet has offered this price to City of Nederland employees for personal cellular phone use; and WHEREAS, the City of Nederland would be agreeable to extending this cost savings to employees, provided however, that the employee executes an agreement with the City providing for the withholding of wages for any payments in default to GTE Mobilnet; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City Manager is hereby directed to authorize employees' participation in the Cellular Phone Service plan offered by GTE Mobilnet, provided however, that the employee executes an agreement concerning the payment of the bill due to GTE Mobilnet, AND, further provided that the City shall not be obligated as in to any delinquent sum owed by a surety or any other capactiy pay any employee to GTE Mobilnet, other than to withhold wages for payments in default as authorized by the employee. PASSED, APPROVED and ADOPTED on this the 13 day of February, 1995. Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes City Attorney CITY OF NEDERLAND RESOLUTION 1995 -03 A RESOLUTION UPHOLDING CURRENT ANNEXATION LAWS IN THE STATE OF TEXAS. WHEREAS, the City of Nederland, and all cities throughout the state, have used the current annexation laws for orderly development; and WHEREAS, there is current legislation pending in the Legislature, such as H.B. 635. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the Mayor is hereby directed to request the assistance of State Representative Mark Stiles in killing H.B. 635 and related annexation legislation which would change the current annexation laws of the State of Texas. PASSED, APPROVED AND ADOPTED on this the 13, day of February, 1995. '-- Carl N. LeBlanc, Mayor ATTEST: cz0." (A-d LaDonna Floyd, tity Secretary APPROVED AS TO FORM AND LEGALITY: Zzt -.-I Richard D. Hughes, City Attorney 1 �q Q 035 030 Q ORDINANCE NO. i q95 -o AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL of the CITY OF NEDERLAND: Section 1. The Code entitled "Code of Ordinances, City of Nederland, Texas" published by Municipal Code Corporation consisting of Chapters 1 through 110, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before October 10, 1994, and not included in the Code or recognized and continued in force by therein, repealed. ' reference are Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or police regulation shall be punished by a fine not exceeding $500.00. However, the maximum fine for a violation pertaining to fire safety, zoning or public health and sanitation, including dumping of refuse, ' shall not exceed $2,000.00. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the 037 penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the city council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after October 10, 1994 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective o2- 13 -9S Passed and adopted by the city council this day of Mayor City of Nederland, Texas ATTEST: Lns 1 0 City Secretary T City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: City Attorney City of Nederland, Texas qo� CPAMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement dated December 12, 1994, is made and entered into by and between the CITY OF NEDERLAND ( "Lessor ") and EDDIE HARSTON KING ( "Lessee "), regarding that certain property situated, lying and being located in Jefferson County, Texas, known as 908 Boston Avenue, Nederland, Texas ( "Leased Premises "). This Amendment shall amend, replace and substitute Section XXI entitled Insurance of said Lease Agreement, to read as follows in its entirety: "XXI. INSURANCE 21.1 Lessee, at its own expense, shall provide and maintain in force during the term of the Lease and any other period of tenancy, General Liability Insurance in the amount of not less that ONE MILLION AND NO /100 ($1,000,000.00) DOLLARS, combined single limits for bodily injury and property damage. Lessee shall furnish Lessor with certificates of all insurance required by this Paragraph 21.1. 21.2 All insurance policies required in this Lease shall be issued by a responsible company or companies authorized to do business in the State of Texas. Each such policy shall contain an endorsement providing for thirty (30) days' prior notice to Lessor in the event of any cancellation of, or material change in, said policy. Certificates of Insurance or evidence of insurance complying with this Lease shall be sent to Lessor by Lessee in accordance with Paragraph 7.1 hereof." All terms and provisions contained in said Lease Agreement not expressly amended herein shall continue in full force and effect. EXECUTED this the LI day of N&JAWAA 1995, but effective as of December 12, 1994. LESSOR: CyfIIl'(a i,I i 7i1: 10 7 By. -� Carl N. LeBlanc, Mayor ATTESTED: LaDonna Floyd, City Secretary LESSEE: EDDIE HARSTON KING 1 I 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7:00 a.m. February 17, 1995 MEETING The meeting was called to order at 7:00 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 Kent Walston, Director of Personnel. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Moss to approve the minutes of the February 13, 1995 meeting as written. All Voted Aye. ' EXECUTIVE The special meeting was recessed at 7:05 a.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to interview candidates for the position of City Manager; and, Chapter 551.071, to discuss litigation between the City of Nederland and the Nederland Firefighters Association. 1 RECONVENE The special meeting was reconvened at 11:35 a.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes and that no action is necessary. RECESS The special meeting was recessed at 11:36 a.m. by Mayor LeBlanc and he announced that due to Monday, February 20, 1995 being a holiday and the Mayor, Council, and City Manager will be out of town February 21 -23, the meeting will reconvene Thursday, February 23, 1995 at 5:00 p.m. to continue the City Manager selection process. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: M� LaDonna Floyd, City Secretary City of Nederland, Texas 0391 q<54 CITY OF NEDERLAND PCOUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 IIomer L. Nagel Councilman Ward 2 �l W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod ITatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor h PR City Secretary 02 -1 /) ,95 Date 1 1 0411 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7:30 a.m. February 21, 1995 MEETING The meeting was called to order at 7:30 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 Mayor LeBlanc. EXECUTIVE The special meeting was recessed at 7:31 a.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss finalists for the position of City Manager. RECONVENE The special meeting was reconvened at 9:20 a.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. ADJOURN Mayor LeBlanc stated that due to the special meeting of today the continuation of the February 17, 1995 meeting which was to be concluded on Thursday, February 23, 1995 is now cancelled, therefore, the meeting of February 17, 1995 stands adjourned. There being no further business, the meeting was adjourned at 9:22 a.m. by Mayor Carl N. LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 4onna F� loyd, City Secretary City of Nederland, Texas 042 CITY OF NEDERLAND COUNCIL MELTING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc :Mayor Melvin L. Moss Councilman Ward 1 Homer E. Nagel Conneil+nnn Ward 2 W. Ceyril Paulus Councilinan Ward 3 / Billy W. Doornbos Councilman Ward 4 ✓ Bill Storey City Manager LaDonna Floyd City Secre-ary Billy Neal Policy CMrr Cberyl Dowden City Treasurer / Mike Lovelady Fire Chief Richard Hughes City .\tto►•n ey Kent Walston Persce,nel Eirector Steve Hamilton Public Works Dir. Rod Hatch Building drncial Jim Weaver Parks Direc?or ✓ Brenda Warren Librarian Mayor Uti.r.cv 94— City Secretary Date 1 043 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p,m, February 27, 1995 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 Moss to approve the minutes of the Special Meetings of February 17 and 21, 1995 as written. All Voted Aye. I COMMENTS Bobbie VanAuken, 219 - 31 Street, addressed Council regarding license requirements. PROCLAMATION A motion was made by Councilman Paulus and seconded by Councilman Moss to approve a Proclamation declaring February 27 - March 3, 1995 as "Texas Public Schools Week" in Nederland, Texas. All Voted Aye. PROPOSALS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize requests for proposals to be received for a CD ROM network for the D. Bob Henson Memorial Library. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment in the amount of $109,714.59 to ALLCO, Inc. for Estimate No. 5, Water Treatment Plant construction. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to authorize payment in the amount of $3,920.00 to KSA Engineers, Inc. for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. fall Minutes continued, February 27, 1995 A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize payment in the amount of $3,824.10 to Jones and Neuse, Inc. for professional services relating to TNRCC compliance. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:15 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to discuss finalists for City Manager. RECONVENE The regular meeting was reconvened at 6:45 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. COMMUNICATION Bill Storey, City Manager, reported to the Council that the City received the final payment of $8,000.00 from the Texas Parks and Wildlife. ADJOURN There being no further business, the meeting was adjourned at 6:46 p.m. by Mayor LeBlanc. ' eBlanc, Mayor City of Nederland, Texas ATTEST: LDonna Floyd, City §ecretary City of Nederland, Texas 1 1 CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer F. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official ►/ Jim Weaver Parks Director Brenda Warren Librarian Mayor C41,E l I City Secretary C>Z,;��I9s Date 045 046 Q&,A a ao�" O� J 4LANDSCAPE FOR LEARNING Texas Publlc Schools Week February 27 • March J. 1995 A PROCLAMATION WHEREAS, Nederland I.S.D. is an important and integral )N�r of xmwi a�,.mn part of our community; and WHEREAS, all children deserve a high quality, free and public education; and WHEREAS, Texas has historically been dedicated to a strong system of education and for more than 40 years special emphasis has been placed upon education with the observance of Texas Public Schools Week; and WHEREAS, the 1990's and beyond hold the responsibility for Texans to meetthe opportunities and demands for the future; and WHEREAS, a joint effort must be made by parents, schools and the community working together toward a common commitment for preparing our children to be tomorrow's leaders; and WHEREAS, public schools are preparing and educating today's students to become tomorrow's leaders. I, Carl N. "Cr000" LeBlanc, Mayor of the City of Nederland d0 INam. of puMc nllxtial) IName.l rwcmmcnl MWy nr a�.My) hereby proclaim February 27 - March 3, 1995 as Texas Public Schools Week and urge all citizens to make a commitment to public education and to the future of Nederland. Jefferson County, Texas children by oi.ny..o„o.y. su....�.mm..„y) visiting their local public schools and by contributing their time and talents to enhance their local public school system. eKM. Official Signature ^ �w 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1:30 p.m. March 2, 1995 MEETING The meeting was called to order at 1:30 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 Will Schroeter, former Councilman Ward II. EXECUTIVE The special meeting was recessed at 1:32 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to interview finalists for the position of City Manager. RECONVENE The special meeting was reconvened at 3:30 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that action is necessary. ADJOURN There being no further business, the meeting was adjourned at 3:31 p.m. by Mayor LeBlanc. e nc, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 047 f CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SIIEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer E. Nagel Councilman Ward 2 W. Ceyril. Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary ►/ Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director / Steve Hamilton Public Works Dir. Rod Batch Building Official V/' Jim Weaver Parks Director Brenda Warren Librarian Mayor n.� City Secretary 3 -a -9s ')ate 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 7:30 a.m. March 9, 1995 MEETING The meeting was called to order at 7:30 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 Mayor LeBlanc. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Moss to approve the minutes of the Regular Meeting of February 27, 1995 and the Special Meeting of March 2, 1995 contingent upon adding "no action" under the Reconvene item of the March 2, 1995 minutes. All Voted Aye. ' EXECUTIVE The special meeting was recessed at 7:34 a.m, by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to discuss the finalists for the position of City Manager. RECONVENE The special meeting was reconvened at 9:24 a.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. ADJOURN There being no further business, the meeting was adjourned at 9:25 a.m. by Mayor Carl N. LeBlanc. CN c, Iftyor City of Nederland, Texas ATTEST: iabonna Floyd, City Secretary City of Nederland, Texas 050 CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor ►/ Melvin L. Moss Councilman Ward 1 Homer E. Nagel Councilman Ward 2 f W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor City Secretary ,3 - 9.9s Date 1 1 051 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 13, 1995 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 Kent Walston, Director of Personnel. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the Special Meeting of March 9, 1995. All Voted Aye. ' PROCLAMATION Mayor LeBlanc presented a Proclamation to Jennifer Dupree, Girl Scouts, declaring March 14, 1995 as "Be Your Best Day" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a Proclamation declaring March 14, 1995 as 'Be Your Best Day" in Nederland, Texas. All Voted Aye. RESOLUTION Bob Dickenson, Southeast Texas Regional Planning Commission, explained the Southeast Texas Intermodal Transportation Plan which includes priority funding on proposed I -69 from Lufkin to Houston, upgrading U. S. Hwy. 69 from Lufkin to Beaumont, upgrading several hurricane evacuation routes and improvement to local port access routes. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve Resolution 1995 -04, asking the State of Texas to take action towards the approval, funding, and construction of several critical transportation projects. All Voted Aye. COMMUNITY A motion was made by Mayor LeBlanc and seconded by Councilman Paulus DEVELOPMENT to approve appointing a committee consisting of three staff members (City BLOCK GRANT Engineer, Director of Personnel, and Director of Finance); to review the contract management services; and, authorize requests for proposals for said services in connection with the Community Development Block Grant. All Voted Aye. 052 Minutes continued, March 13, 1995 AGREEMENTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve an agreement between the Texas Department of Criminal Justice and the City of Nederland for inmate labor for City of Nederland beautification projects. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve a lease agreement between Tower Communications, Inc. and the Mid County Municipal League Central Dispatch for radio tower use contingent upon the following changes being implemented into the agreement as recommended by the City Attorney: modify Section III to provide a period of time to cure a default by the Lessee in order to avoid the instantaneous forfeiture or acceleration of rental provisions; modify Section IV to give Lessee the option to terminate the lease in the event Lessor fails to make needed repairs within a specified period; add language to Section V to give Lessee indemnification and hold harmless protection from Lessor negligence; and add a new paragraph to make the lease terms performable in Jefferson County, Texas, in order to facilitate venue should suit for enforcement or damages be instituted. All Voted Aye. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, to address Council on agenda items. BIDS A motion was made by Councilman Nagel and seconded by Councilman Doornbos to award bids received for carpeting of the D. Bob Henson Memorial Library to Cobbs Decorating Center, Beaumont, TX in the amount of $11,317.00 and moving of the books to Pioneer Transfer -Atlas Van Lines in the amount of $2,568.00. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to award bids received for painting the interior and exterior of the D. Bob Henson Memorial Library to Carter and Co. in the amount of $11,800.00. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Moss to award bids received for a microfilm reader /printer for the D. Bob Henson Memorial Library to Better Business Machines, Beaumont, TX in the amount of $9,965.00. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize payment to Allco, Inc. in the amount of $188,998.17 for Pay Estimate No. 6, Water Treatment Plant Construction. All Voted Aye. 053 Minutes continued, March 13, 1995 A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment of the bills for the month of February, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:55 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel; and Chapter 551.071, to discuss pending litigation. RECONVENE The regular meeting was reconvened at 8:14 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. Councilman Paulus asked Mayor LeBlanc to nominate Roger Carlisle for the position of City Manager. Mayor LeBlanc stated that he was not prepared to make a nomination at this time. A motion was made by Councilman Paulus that the Mayor appoint Roger D. ' Carlisle as the City Manager. Motion died for lack of a second. ORDINANCES & A motion was made by Mayor LeBlanc and seconded by Councilman SALARY AND Doornbos postpone approval of an Amendment to Ordinance No. 147 and the WAGE 1994 -95 Wage and Salary Classification Plan. All Voted Aye. CLASSIFICATION PLAN COMMUNICATION Bill Storey, City Manager, reported that we received a quote for inspection of the water towers within the City to determine the need for painting. Councilman Paulus suggested we contact several more companies for a quote on the towers. Councilman Nagel asked for another work session on Ordinance No. 147. Councilman Paulus suggested that we not approve Ordinance No. 147 and the Wage and Salary Classification Plan until a new City Manager is in place. Minutes continued, March 13, 1995 ADJOURN There being no further business, the meeting was adjourned at 8:25 p.m. by Mayor LeBlanc. Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDDonna Floyd, City Secretary City of Nederland, Texas 1 1 1 CITY Or NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer F. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief ►/ Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor Secretary 13, 95 Date 05 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas i Office of #ire gapr /9, Can.0 N. " "Ckopo" LeBKane /, 6V virtue o / /I/e authority v//est//ee in no no a.4 Mayor of Me C ly of //ee erCand, .Jexal, J. itereGV rl Q� FrocCaim MoAch 144, 1995 1t e "Be YouA Beat Day" iin�J tlLe City of 9 ederlancl, ,Jexad, and urge each and every C lizen of our City to join with the GiAt Scouts in eetebnatLng .th.i.a apec.iat day by making a po4itive dn6fuenee in ouh community - amite, be nice to aomeone, be nice to youn6eC6, Be Your. Beat! 9n teetinton�y whereol, witnede my 4and and Seat of t1't lf e ity of / /�tec[/erf°and lb, tle 13th day o/ March, 1995 , .4.2. f Mayor IV o/ / /ec�erCanc/" 5exai 57 CITY OF NEDERLAND RESOLUTION NO. 1995 -04 WHEREAS, The Southeast Texas Regional Task Force on Transportation has examined the impact on our area from the Hurricane Andrew, August 1992 evacuation, and the implementation of the federal legislation entitled The Intermodal Surface Transportation Efficiency Act (ISTEA), and the North American Free Trade Agreement (NAFTA) and said Task Force has produced a report entitled "Southeast Texas Intermodal Transportation Plan" dated February 1, 1995; and WHEREAS, the study has identified insufficient capacities on evacuation routes, inadequate north -south access through Southeast Texas, the need for funding for the I -69 corridor (Existing U.S. Hwy. 59), and a Southeast Texas connection from Lufkin to Beaumont along proposed U. S. Highway 69 and the need to strengthen the intermodal elements of rail, highway, and ports to meet the objectives of the "ISTEA" legislation; and WHEREAS, the Southeast Texas Region will benefit from the implementation of said Intermodal Transportation Plan and need to work harmoniously with the Texas Department of Transportation in support of the Gulf Coast Hurricane Evacuation Plan, its proposed plan for U. S. Highway 69 to utilize the Southern Pacific Railroad to be abandoned, and other transportation projects that will create and support economic growth and development in the future; NOW, THEREFORE, BE IT RESOLVED: THAT the Texas Transportation Commission be requested to implement the Texas Hurricane Evacuation Task Force ' recommendations, and to provide a special fund for this category, and to prioritize funding for the I -69 corridor (existing U. S. Highway 59) through East Texas, and to provide a connection to the I -69 corridor from Lufkin to Beaumont; and THAT the Counties, Cities, Port Districts, Chambers of Commerce, and other entities, by approval of t is Resolution, do agree to work in a united effort for the completion of the requested work by being represented in Austin, Texas before the Texas Transportation Commission in March 1995, and each year, or more often, thereafter to continue the united support of this requested work until completed. THAT a copy of this Resolution be provided the Task Force for presentation to the Texas Transportation Commission. READ, ADOPTED AND APPROVED this the J3_ day of MoAdl, , A.D. , 1995, at a E!pc /nn Meeting. a"Zh. &AP!a-'e Carl N. LeBlanc, Mayor / City of Nederland, Texas ATTEST: ZaDon a�Floyd,'City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: • Richard D. Hugh A, City Attorney City of Nederland, Texas Directive Number SJF -U.01 Attachment B 058 NUMBER: n.r -95 -005 COOPERATIVE AGREEMENT FOR q )M COMI IC iY SERVICE � BETWEEN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE STATE JAIL DIVISION AND CITY OF NEDERLAND This Cooperative Agreement is entered into between the Texas Department of Criminal Justice, State Jail Division (hereinafter referred to as "Division ") and City of Nederland,'Texas (hereinafter referred to as "Organization ") in order to provide offenders with an opportunity to "Work for a Better Texas" through community service. Offenders are persons being held in a State Jail facility, as authorized by law, and operated under authority granted to the Texas Department of Criminal Justice by article 507.001 et. seq. of the Government Code. I. RESPONSIBILITY OF THE DIVISION The Division agrees to make available offenders and security staff from the Larry Gist State Jail to the Organization for the purposes set forth in this agreement, subject to availability of said offenders and security staff. The Division will make a good faith effort to make available offenders and security staff at the time and in the numbers authorized by the Division for participation in a community service project. The Division, however, reserves the right to cancel any scheduled community service project at any time, without accruing any liability for such cancellation, if it is determined by the Division that it is in the best interest of the Division to cancel, stop or postpone such participation. This determination is at the sole discretion of the Division. If it is determined necessary by the Division to stop a project while a work force is at the project site, the Organization will cooperate in securing and providing transportation for the work force and security staff back to the State Jail, without unreasonable delay. The offenders will perform such tasks as requested by the Organization and as authorized by the Division without compensation. The offender is not an employee of the Organization and is not entitled to any benefits provided by the Organization to its employees. Additionally, the Division will provide security staff to supervise the offender work force at no cost to the Organization. CSPRMSERVICE.AGR 1 1 1 1 Directive Number SJF -U.01 lI. RESPONSIBILITY OF THE ORGANIZATION Attachment B U 5 V The Organization certifies that it is a Governmental Agency or Non - Profit Corporation organized under the "Model Non - Profit Corporation Act" and has received a tax exemption under the Internal Revenue Code, Section 501 (c). The Organization further certifies that the utilization of offender labor does not result in any existing employees of the Organization being displaced. The Organization hereby requests of the Division that a work crew comprised of offenders provided by the Division, under the supervision of Division security staff, perform community service tasks as further discussed under Section V of this Agreement. The Organization will provide or will cause to provide the following: 1. Appropriate and safe transportation for offenders and security staff. Offenders and security staff will not be permitted to ride in the back of a pick -up truck or other "open" vehicle. 2. All tools, supplies (paint, brushes, lumber, nails, etc.), work gloves, safety glasses or face shields, safety vests, hearing protectors and other supplies and safety equipment necessary to assist the offender in accomplishing the work task. 3. Water for offenders and security staff and, if appropriate, meals when the community service project is conducted off -site of the facility. 4. Supervisors, who will provide safety instructions to the offenders and oversee the work being performed. At all times, however, the offenders will be under the direct observation and supervision of Division security personnel. 5. Additional security staff, if appropriate and if requested by the Division. 6. Reasonable access to rest room facilities. The Organization will not request offenders to engage in any activity that is inherently dangerous. The Organization agrees that all offenders will be under the supervision of Division security staff and all orders to offenders will be issued by Division security staff. The Organization agrees to provide all assistance requested by Division security staff in maintaining an orderly and disciplined work environment. III. LIABILITY Both the Division and the Organization will take all reasonable precautions to reduce the possibility of injury to offenders and Division security staff. If any injury does occur off -site of the State Jail facility, while the offenders and Division security staff are in transit to or from the work site and /or while at the work site, the Organization will provide reasonable assistance in securing emergency aid and assisting the injured. The Division cannot indemnify the Organization nor is the Organization requested to indemnify the Division for any claims arising from injuries. r CSPRMSERVICE.AGR 2 Directive Number SJF -U.01 066 Attachment B INDEPENDENT CONTRACTOR The Division and Organization shall for all purposes under this agreement be independent contractors. Neither party shall be deemed an employee, agent, or representative of the other party, and neither party shall have the authority to incur any obligation or make any representation on behalf of the other party. N COMMUNITY SERVICE PROJECT Provide a brief narrative describing the community service project, including the tasks to be completed and the time frame for the proposed project. Attach additional pages if necessary. In this section, please describe the resources being provided by the Organization to the Division to facilitate completion of this project. Directive Number SJF -U.01 Attachment B TERM1?4ATION This agreement will become effective on the date of execution and may be terminated by either party upon receipt of written notice. This agreement may also be modified with mutual consent of both parties, with said modification being signed by both parties and attached to this agreement. J - /3-9,s- Date 3_ 15 -,-? - Date * Organization Authorized Signature means that person who has the legal authority to execute contracts on behalf of the organization. e,-n,'W" 0 61 STATE OF LOUISIANA X PARISH OF RAPIDES X LEASE AGREEMENT This Agreement of Lease made and entered into this First day of April , 1995 , by and between TOWER COMMUNICATIONS, INC., represented herein by GLENROY WEISHUHN, its Secretary- Treasurer, who is authorized to appear herein by a resolution which is recorded in the records of Rapides Parish, Louisiana, hereinafter called "LESSOR ", and Mid County Central Dispatch Attn: Tom Hicklin P.O. Box 967 Nederland, TX 77627 hereinafter called "LESSEE ", O b W I T N E S S E T H• I. That said LESSOR has leased and by these presents does grant and lease unto the said LESSEE the privilege of using a portion of a certain tower, owned by LESSOR, and located at Port Neches, TX Latitude 29 °58'35" Longitude 93 °56'02" Supply antenna space at 480' level on Master antenna system,also supply building space, utilities and standby power being that portion of said tower designated in the drawing attached hereto and a space to be designated by LESSOR in the transmission house used in connection with said tower in which LESSEE shall have the right to place therein transmitting equipment used in connection with said tower, as well as the right of ingress and egress to and from the premises owned by the LESSOR, for the purpose of placing, operating, repair- ing and inspecting such transmitter and antenna, for a term of 062 Five years, commencing upon the date of LE'SSEE'S antenna installation to the 31st day of January Q2000 , and in consideration thereof the said LESSEE has agreed to pay to LESSOR, at Alexandria, Louisiana $275.00 (permo.) lea §c for Toner Space It 480 ' level VIIF -UIIF Ant. @__.50 per ft. $240.00 Lease for Towr Space at ' Level VHF-UIIF Ant. @ per ft. Lease for 'Power Space at ° Level Micranve Ant@ per ft. Lease for 'Power Space at ' Level Microwave Ant@ per ft. UCilitles and Building SIvice leane 1 Cab nets @$25.00 ea. $25.00 Stand By Power $10.00 Equipment Lease ONE TIME CONNECT FEE TO MASTER ANTENNA SYSTEM $1,300.00 DOLLARS, payable in monthly installments, the first installment to become due and payable upon the date of LESSEE'S antenna installation, and an installment to become due.and payable on the first day of each and every month thereafter. It is understood by and between LESSOR and LESSEE that the broadcasting frequency to be used by the LESSEE shall be TX 460.400 MC and that LESSEE shall have the prior right to the use of said frequency so long as LESSEE is not in default hereunder, provided however, that LESSEE'S equipment does not interfere with those using said tower at the time LESSEE places his antenna on such tower. Should LESSEE'S equipment so interfere, then and in that event, LESSEE agrees to immediately correct interference or move his antenna installation to such location that is designated by LESSOR hereunder, and should such interference continue, then LESSOR shall have the right to terminate this Lease Agreement, and in such event, LESSEE will remove all his equipment from such tower site and pay, or cause to be paid, all rental that has accrued to the date of the termination of this Agreement. LESSOR shall be the sole judge of whether there is, in fact, interference to justify moving any antenna and the sole judge of whether or not LESSEE'S antenna is compatible at any level IS'AI 1 1 1 1 063 with the equipment of users of such tower that have priority to LESSEE herein. LESSEE understands that other licensees of LESSOR, created prior to this date, have priority over LESSEE and that LESSOR is obligated to such prior users to the end that such users obtain maximum results from their installations. LESSOR agrees that LESSEE shall have a priority as to any subs "uent LESSEE on said tower made after this date and that- LESSOR will not assign space on said tower to any subsequent LESSEE having a broadcasting frequency of the LESSEE herein. LESSOR agrees to furnish all electrical power necessary for LESSEE to operate his said equipment. III. LESSEE agrees to pay to LESSOR at Alexandria, Louisiana, the rental as aforesaid. Should LESSEE default in the payment of any installment of the rent provided for under this Lease as ' the same become due and payable, or breach any covenant of, this Lease, then the entire rent for the balance of the term shall, at the option of the LESSOR, at once become due and payable, as if by the terms of this Lease it were all payable in advance; or at LESSOR'S option, this Lease shall become null and void. LESSOR shall have a lien on the equipment placed on said premises for the payment of any rental hereunder provided. IV. LESSOR agrees to keep said tower and transmitter house in repair. In the event that said tower and /or transmitter house is damaged from any cause whatsoever to the extent that in LESSOR'S opinion the same cannot be repaired, then this Lease Agreement shall terminate and LESSEE shall pay all rentals owing to the date of damage of the tower and /or transmitter house. Should said tower become damaged to the extent that LESSEE is unable to operate from said tower his antenna equipment, but such damage can be —3— , '' repaired, and LESSOR elects to so repair said tower, then in that event, while such repairs are taking place LESSEE shall have the right to obtain other radio tower facilities and shall not be Q liable to LESSOR for any rent during that period that said tower is being repaired. V. LESSEE agrees to forever keep and hold harmless LESSOR from any and all claims, damages, suits or obligations caused by LESSEE and claimed or asserted against LESSOR by reason of LESSEE'S operations hereunder on said leased premises, and to defend any and all suits brought against LESSOR by reason of LESSEE'S operations hereunder on said leased premises at LESSEE'S own cost and expense. VI. LESSEE agrees not to assign this Agreement without the written consent of LESSOR. VII. It is understood and agreed by and between the parties hereto that this Lease Agreement shall be extended on a year to year basis unless LESSEE shall notify LESSOR in writing at least sixty (60) days prior to the anniversary date of said Lease of LESSEE'S intention that said Lease shall not be renewed for that year, provided however, that LESSEE is not in default under said LEASE, but in no event shall this Lease Agreement remain in force for more than the total term of ten (10) years. VIII. This Agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IX49 l' C C THUS DONE AND SIGNED on this the 16th day of February 1995 , before me, the undersigned notary, and the undersigned competent witnesses. WITNESSES: TOWEIA COMMUNICATION$„ INC. — u ti C7. ud J BY: l GLENROY WEI HUHN,SECRETARY/ I� TREASURER NOTARY PUBLIC THUS DONE AND SIGNED on this the day of 19 , before me, the undersigned notary, and the under- , signed competent witnesses. WITNESSES: 1 065 NOTARY PUBLIC 0 _ V 51! SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1:00 P.M. March 17, 1995 MEETING The meeting was called to order at 1:00 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. ANNOUNCEMENT Mayor LeBlanc announced that the second item under the Executive Session listed on the agenda will not be discussed. 1 EXECUTIVE The special meeting was recessed at 1:04 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment ICode, Chapter 551.074, to discuss finalists for the position of City Manager. RECONVENE The special meeting was reconvened at 2:15 p.m. by Mayor LeBlanc. He announced that a special meeting has been scheduled for Tuesday, March 21, 1995, to interview finalists for the City Manager's position. ADJOURN There being no further business, the meeting was adjourned at 2:16 p.m. by Mayor Carl N. LeBlanc. J NrtNTZ anc, Mayor City of Nederland, Texas ATTEST: /�(• 1 \ /&a aDonna Floyd, City ecretary City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahct-nt Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager ✓ LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Uei , � Mayor Date Secretary 067 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 21, 1995 MEETING The meeting was called to order at 6:00 p.m. by Mayor ProTem Billy W. Doornbos at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Mayor ProTem Billy W. Doombos. MINUTES A motion was made by Councilman Paulus and seconded by Councilman Moss to approve the minutes of the meeting of March 13, 1995 as written. All Voted Aye. EXECUTIVE The special meeting was recessed at 6:03 p.m. by Mayor ProTem Doornbos SESSION for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to interview finalist for the position of City Manager. RECONVENE The meeting was reconvened at 8:10 p.m. by Mayor LeBlanc. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to appoint Andre' Wimer as the City Manager for the City of Nederland. All Voted Aye. ADJOURN There being no further business, the meeting was adjourned at 8:12 p.m. by Mayor Carl N. LeBlanc. 1 yr City of Nederland, Texas ATTEST: 4a," �LaDonna Floyd, City ecretary City of Nederland, Texas 1 1 11 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director ✓ Brenda Warren Librarian Mayor it Secretary Date 070 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 27, 1995 MEETING The meeting was called to order at 6:20 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 Bill Storey, City Manager. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the Special Meetings of March 17 and 21, 1995 as written. All Voted Aye. AUDIT A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to accept the 1994 audit for record. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an Amendment to Ordinance No. 137, adopting the 1994 Standard Building Code. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve an Amendment to Ordinance No. 1995 -01, amending the Code of Ordinances to clarify Ordinance No. 259, as presently amended, is still in force and effect, and has not been repealed by Ordinance No. 1995 -01. All Voted Aye. PLANNING AND A motion was made by Councilman Doornbos and seconded by Councilman ZONING Paulus to approve the Planning and Zoning Commission's recommendation to COMMISSION approve the replat of Lot 20, Block 3, Cottage Grove 2nd Addition, All Voted Aye. AUCTION A motion was made by Councilman Paulus and seconded by Councilman Moss to authorize the Nederland Police Department Benefit Association to hold an auction on May 13, 1995. All Voted Aye. 0711 Minutes continued, March 27, 1995 PAYMENTS A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to authorize payment to KSA Engineers, Inc. in the amount of $3,360.00 for engineering services during the construction phase of the Water Treatment Plant construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:55 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, to discuss pending litigation for the following: 1. Possible litigation with T.N.R.C.C. and E.P.A.; 2. pending litigation between the City of Nederland and the Nederland Professional Firefighters Association; 3. personal injury/wrongful death suit; and, 4. possible litigation by former employee. RECONVENE The regular meeting was reconvened at 9:21 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. NEDERLAND A motion was made by Mayor LeBlanc and seconded by Councilman Moss ECONOMIC to approve a Resolution creating an economic development corporation, DEVELOPMENT establishing members of the board of directors (Ruby Lackey, Tom Lee, Jr., CORPORATION Jess Fuller, Dalton Babineaux, Sue Parsley, Carl LeBlanc, and Billy W. Doornbos), and setting forth rules for the operation of the corporation, including the approval of Articles of Incorporation for the corporation, and authorization of any and all action necessary to implement said corporation and its lawful purposes. All Voted Aye. COMMUNICATION Bill Storey, City Manager, stated that the Council will need to hold a Work Session to discuss Ordinance No. 147, the Wage and Salary Classification Plan, the 1995 street program, and receive a presentation by PSG. It was decided that the Work Session will be held Tuesday, April 11, 1995 at 6:00 p.m. Councilman Paulus stated that the Council needs to look at the COLA for non - represented employees. The Mayor responded that this will be discussed at the Work Session on April 11, 1995. 072 Minutes continued, March 27, 1995 ADJOURN There being no further business, the meeting was adjourned at 9:30 p.m. by Mayor LeBlanc. N. C14Wc, Iyo City of Nederland, Texas ATTEST: La onna Floyd, City Secretary City of Nederland, Texas r 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor l\ z�Cn � tiity Secretary Date 073 074 Q� o AN AMENDMENT TO ORDINANCE NO. 137 AN ORDINANCE ADOPTING THE CURRENT 1994 EDITION OF THE STANDARD BUILDING CODE AND AMENDING CHAPTER 18, ARTICLE II, OF THE CODE OF ORDINANCES AND REVISING EXISTING AMENDMENTS TO THE STANDARD BUILDING CODE RECITALS (A) The City Council of the City of Nederland desires to replace the 1976 edition of the Standard Building Code and the 1977 revision, except for certain portions which it desires to retain, by adopting the current 1994 edition of the Standard Building Code and its future revisions as stated herein, and (B) The City Council of the City of Nederland desires to make existing Sec. 18 -27 Amendments applicable to the 1994 edition of the Standard Building Code and its future revisions by revising section numbers of existing Sec. 18 -27 Amendments to correspond to the proper section number in the 1994 Standard Building Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, I TEXAS: (1) That Section 18 -26 of the Code of Ordinances, City of Nederland, Texas, is hereby amended to read as follows: "The 1994 edition of the Standard Building Code and future revisions, a copy of which has been approved by the city council, is hereby adopted and declared operative as the building code of the city, save and except the portions that are deleted, modified, and amended by this article." (2) The building code adopted in See. 18 -26 is amended as follows: (a) The phrase " 108 Construction Board of Adjustment and Appeals" is amended to read "108 Zoning Board of Appeals "; and (b) Section 108.2 and all following section paragraphs pertaining to the Construction Board 0751 of Adjustment and Appeals are deleted in their entirety. (3) That Section 18 -27 Amendments of the Code of Ordinances, City of Nederland, Texas, is hereby amended to read as follows: (a) The phrase "Section 103.4" is amended to read "Section 103.5 "; (b) The phrase "Section 105.3" is amended to read "Section 104.2 ". Q� O�(c) The phrase "Section 107.4" is amended to read "Section 104.7.4 "; and (d) The phrase "Section 111.1" is amended to read "Section 108.1 ". WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this amendment. PASSED AND APPROVED this a% day of 02AA 1995. Carl N. LeBlanc, Mayor ATTEST: LaDonna FloyZI, City Secretary APPROVED AS TO FORM AND LEGALITY: I Z--,C- 1)4,-, Richard D. Hugh s, City Attorney 076 1�l AN AMENDMENT TO ORDINANCE NO. 1995 -01 AN ORDINANCE AMENDING CHAPTER 1 SECTION 1 -5(a) OF THE CODE OF ORDINANCES AND CLARIFYING ORDINANCE NO. 1995 -01 RECITALS (A) Ordinance No. 1995 -01 adopting the Code of Ordinances, City of Nederland, Texas was passed by the City Council of the City of Nederland, Texas on February 13, 1995; (B) The City Council does not intend for such action to be construed as repealing City of Nederland Ordinance No. 259, which restricts the placement of trailer coaches or mobile homes to trailer parks within the City, but, rather, considers Ordinance No. 259 in full force and effect by virtue of the language of Ordinance No. 1995 -01, Section 2, as well as the provisions of the Code of Ordinances, Chapter 1, Sec. 1 -5(a) (17) (18) and (21) and Chapter 66, which contains an editor's note indicating that the Ordinances pertaining to mobile homes and trailers is in the process of revision; and (C) An amendment of a portion of the wording in Chapter 1, Sec. 1 -5(a) will ' clarify the intent of both the original Ordinance adopting the Code of Ordinance and the Code of Ordinances itself. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: (1) That Chapter 1, Section 1 -5(a) of the Code of Ordinances, City of Nederland, Texas, is hereby amended by adding a new paragraph (22) as follows: "(22) Ordinances which are referenced by the Code of Ordinances or its editorial notes as being in the process of revision, specially including City of Nederland Ordinance No. 259 as amended. " WHEN EFFECTIVE: This Amendment shall be effective from and after its passage. 1 1 PASSED AND APPROVED this .17 day of f %AtA , 1995. Carl N. LeBlanc, Mayor ATTEST: `La onna Floyd, Cit Secretary APPROVED AS TO FORM AND LEGALITY: 2".' DJ ichard D. Hugh s, City Attorney �"v 077 078 A RESOLUTION OF THE CITY OF NEDERLAND CREATING AN ECONOMIC DEVELOPMENT CORPORATION, ESTABLISHING A BOARD OF DIRECTORS, AND SETTING FORTH RULES FOR THE OPERATION OF THE CORPORATION SEC. 1. It is hereby found, determined and declared: (a) That the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and (b) That the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employment, welfare, and prosperity of its citizens; and (c) That the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tat for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of O the city economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and (d) That the Industrial Foundation and the City of Nederland have themselves invested substantial funds in economic development projects and have experienced difficulty in undertaking such additional projects by reason of the partial inadequacy of their own funds; and (e) That Nederland is at a critical disadvantage in competing with other communities for the location or expansion of such enterprises by virtue of the availability and prevalent use in other communities of financing and other special incentives; therefore, the creation of an Economic Development Corporation to promote and develop new and expanded business enterprises to provide and encourage employment and the public welfare is hereby declared to be in the public interest and a public purpose. SEC. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that an Economic Development Corporation is hereby created to carry out the public purposes of this resolution and the Development Corporation Act of 1979, as amended. Carl N. "Cropo" LeBlanc, Billy W. Doornbos and Bill Storey, as the initial Board of Directors, are hereby authorized to file a Non- Profit Corporation charter with the Secretary of State in order to carry out the purposes of this Resolution. SEC. 3. The powers and organization of the corporation are: (a) The Economic Development Corporation has the powers and the limitations of a corporation created under the Development Corporation Act of 1979, as amended. (b) The board of directors of the corporation consists of seven (7) directors who are appointed by the City Council and who serve for a period of two (2) years. Four (4) directors constitute a quorum and no action of the corporation shall be valid or binding unless adopted by the affirmative vote of four or more of the directors. Each . year at the first meeting in October, the board of directors will organize appointing a chairman, vice chairman, secretary, and treasurer. All meetings of the board of directors will be held within the corporate limits of Nederland, and all meetings will be conducted under the provisions of the Open Meetings Act. The board of directors will make and alter bylaws, with the approval of the City Council, for the administration and regulation of the affairs of the corporation. The board of directors are subject to the provisions of the Conflict of Interest Act. (c) The corporation will develop a five -year economic development plan which will be updated annually and will be used to develop the annual budget of the ' corporation. The annual budget of the corporation will be submitted to the City for review and approval by the City Council during the annual budget process of the City. The corporation will be audited as part of the City annual audit. (d) Upon receipt of the proceeds of the half -cent sales and use tax for economic development imposed by the voters of the City, the corporation will deposit the funds immediately in a depository previously selected and secured as provided for under law for municipal funds. Tax proceeds may be used to pay the principal of, interest on, and other costs relating to the corporation bond, but neither the bonds nor any instrument related to the bonds may give a bondholder a right to demand payment from tax proceeds in excess of those collected from the half -cent sales and use tax for economic development. (e) The tax funds and all other funds entrusted to the corporation will be used to further economic development within Nederland and its extraterritorial jurisdiction. The corporation may contract with other existing private corporations to carry out economic development programs consistent with the intent of this resolution and the Economic Development Act as amended. No more than ten per cent of the corporate revenues may be spent on promotional purposes. The corporation may not undertake a project the primary purpose of which is to provide transportation facilities, sewage or solid waste disposal facilities, air or water pollution control facilities, facilities for furnishing water, or recreational facilities for the general public. However, the corporation may provide those facilities to benefit property acquired for a project having another primary purpose. (f) The disbursement of corporate funds will be in accordance with state law except that the limitations on purchasing and contracting in the City Charter requiring approval of the City Council shall apply to the corporation and shall require approval of the board of directors in place of the City Council. (g) The City staff will act as special advisers to the corporation in their areas of expertise unless other duties preclude their doing so. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this o?i day of yam, 1995, at which meeting a quorum was present and voting. ATTEST: t�rm �w C>& mil. City Secretary APPROVED AS TO FORM: XI City Attorney Carl N. "Croppo" Le anc, Mayor O v V 0791 rl ARTICLES OF INCORPORATION Q� OF NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A TEXAS NON - PROFIT CORPORATION NEDERLAND, TEXAS THE STATE OF TEXAS COUNTY OF JEFFERSON We, the undersigned, all being natural persons over the age of eighteen years and qualified electors of the City of Nederland, Texas (which is a duly established municipal corporation), acting as the incorporators of a public instrumentality and non - profit industrial development corporation (the "Corporation ") under the provisions of Section 4B of the Development Corporation Act of 1979, Tex.Rev.Civ.Stat.Ann.Art. 5190.6, as amended (the 'Development Corporation Act "), with the approval of the governing body of the City of Nederland, Texas (the "City"), as evidenced by the Resolution attached hereto and made a part hereof for all purposes, do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE I. NAME The name of the Corporation is NEDERLAND ECONOMIC DEVELOPMENT I CORPORATION. ARTICLE II. NON - PROFIT CORPORATION The Corporation is a non - profit corporation specifically governed by Section 4B of the Development Corporation Act. ARTICLE III. DURATION The period of duration of the Corporation is perpetual. ARTICLE IV. PURPOSE The Corporation is organized exclusively and may issue bonds on behalf of the City for the public purposes of the promotion and development of new and expanded business enterprises to provide and encourage employment in the furtherance of the public welfare. The Corporation shall have and exercise all of the rights, powers, privileges, authority, and functions given by the general laws of Texas to non - profit corporations by the Texas Non- profit Corporation Act, Tex.Civ.Stat.Ann.Art. 1396 -1.01 et seq., and the additional powers as provided in Section 4B and 23 of the Development Corporation Act, including, without limitation, the issuance of bonds. The Corporation shall be subject to any limitations imposed by such Section 4B. If any conflict should arise between these statutes regarding the Corporation's powers, the Development Corporation Act shall control and govern the Corporation; and to the extent of a conflict between Section 4B of the Development Corporation Act, the provisions of such Section 4B shall prevail. ARTICLE V. INITIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office of the Corporation is 1400 Boston Avenue, Nederland, TX 77627, and the name of the initial registered agent at such address is RICHARD D. HUGHES. ARTICLE VI. DIRECTORS The affairs of the corporation shall be managed by a Board of Directors consisting of seven (7) in number who shall be appointed by the City Council of the City (the "Council "), three of which shall not be employees, officers or members of the governing body of the City of Nederland. Each director shall serve a two -year term. The names and addresses of the persons who are to serve as the initial Directors are as follows: NAME ADDRESS I 1. RUBY LACKEY 512 10th St. Nederland, TX 77627 �q 2. TOM LEE, JR. 932 17th St. Nederland, TX 77627 3. JESS FULLER 1803 Avenue K Nederland, TX 77627 4. DALTON BABINEAUX 915 Louise Nederland, TX 77627 5. SUE PARSLEY 1332 S. 24 1/2 St. Nederland, TX 77627 6. CARL LeBLANC 1517 Franklin Nederland, TX 77627 7. BILLY W. DOORNBOS 1104 Louise Nederland, TX 77627 �q Each of the Directors shall reside within the City. Each Director, including the initial Directors, shall be eligible for reappointment. Directors are removable by the City Council for cause or at will. The Directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties as Directors. ARTICLE VII. MEMBERSHIP /STOCK The Corporation has no members and is a non -stock corporation. ARTICLE VIII. AMENDMENTS These Articles of Incorporation may at any time and from time to time be amended as provided in the Development Corporation Act so as to make any changes therein and add any provisions thereto which are lawful under the Development Corporation Act as then in effect. Any such amendment shall be effected in either of the following manners: (i) the members of the Board of Directors of the Corporation shall file with the Council a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made, the Council shall consider such application and, if by appropriate resolution duly finds and determines that it is advisable that the proposed amendments be made and shall approve the form of the ' proposed amendments, then the Board of Directors of the Corporation may amend the Articles of Incorporation by adopting such amendments at a meeting of the Board of Directors and delivering articles of amendment to the Secretary of State, or (ii) the Council may at its sole discretion, and at any time, amend these Articles of Incorporation, and alter or change the structure, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Development Corporation Act, and subject to any limitation provided by the constitutions and laws of the State of Texas and the United States of America on the impairment of contracts entered into the corporation) by written resolution adopting the amendment to the Articles of Incorporation of the Corporation or articles of dissolution at a meeting of the governing body and delivering the Articles of Amendment or Dissolution to the Secretary of State as provided in the Development Corporation Act. Amended or Restated Articles of Incorporation may be filed with the Secretary of State as provided in the Development Corporation Act. ARTICLE IX. INCORPORATORS The name and street address of each Incorporator is: Carl N. "Cropo" LeBlanc 1517 Franklin Nederland, TX 77627 I . Billy W. Doornbos P. O. Box 728 Nederland, TX 77627 Bill Storey 1323 S. 24 1/2 Street Nederland, TX 77627 ARTICLE X. AUTHORIZATION 08� The City has specifically authorized the Corporation by Resolution to act on its behalf to further the public purposes stated in said Resolution and these Articles of Incorporation, and the City, has, by said Resolution, approved these Articles of Incorporation. ARTICLE XI. DIVIDENDS No dividends shall ever be paid by the Corporation and no part of its net earnings remaining after payments of its expenses shall be distributed to or inure to the benefit of its Directors or officers or any individual, firm, corporation or association. Part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to ' influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE XII. INTERNAL AFFAIRS The Corporation's internal affairs shall be regulated by a set of Bylaws, not inconsistent with the laws of this State or with these Articles of Incorporation, which Bylaws have been or will be approved by the City Council, under whose offices the Corporation is created. ARTICLE XIII. DISSOLUTION If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of debts and claims. li ooh CARL. N. "CROPO" LI✓BLANC, Incorporator BILLY W. D1,9ORNBOS,Incorporator �Z& '� �0� BILL STOREY, Incor o oi� P REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 10, 1995 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 Kent Walston, Director of Personnel. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the March 27, 1995 meeting as written. All Voted Aye. COMMENTS Jake Waller, Jr., 2635 Grand Blvd., Port Neches, addressed Council relative to Water and Sewer Line Maintenance Fund revenues and expenditures. REGIONAL Gary Graham, Jr., Schaumburg & Polk, Inc., presented the Regional WASTEWATER Wastewater Study to the Council. Mr. Grahm briefed the Council on options STUDY the City of Nederland has with regard to the wastewater system. COMMUNITY A motion was made by Councilman Doornbos and seconded by Councilman DEVELOPMENT Nagel to postpone authorizing the award of contract for administrative services BLOCK GRANT in connection with the Community Development Block Grant. All Voted Aye. David Waxman, David J. Waxman, Inc., Jasper, TX, stated that the award of the contract may be postponed without penalty until the next meeting. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve an Amendment to Resolution No. 1995 -01, appointing Jeanne Green as the Election Precinct Judge and Winifred Morgan as the Alternate Election Precinct Judge. All Voted Aye. Minutes continued, April 10, 1995 ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve an Amendment to Ordinance No. 263, plumbing ordinance. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Moss to approve an Amendment to Ordinance no. 164, setting the dates for regular Council meetings to be held May 8, 1995 through April 22, 1996. All Voted Aye. BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an amendment to the 1994 -95 budget as follows: increase 01 -19 -00 -6720 by $2,000.00 and decrease 01 -16 -00 -6347 by $2,000.00 to fund unexpected roof repairs to City Hall. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to approve payment of the bills for the month of March, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:23 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, to discuss pending litigation with T.N.R.C.C. and E.P.A. RECONVENE The regular meeting was reconvened at 8:02 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes and no action is necessary. COMMUNICATION Bill Storey, City Manager, reported to the Council that the City has qualified for JORTS CMAQ Program funding to upgrade the intersections at 27th Street at Helena and South 27th Street at Avenue H. The original program called for a 20% match but we have learned that it will be funded 100 %. The estimated cost will be $256,000.00. TxDOT is currently soliciting proposals for engineering services, therefore, actual construction work is some time off. 1 1 �I Minutes continued, April 10, 1995 ADJOURN There being no further business, the meeting was adjourned at 8:09 p.m. by Mayor LeBlanc. ATTEST: 4r X l is L onna Floyd, City ecretary City of Nederland, Texas NT'efffalnc, Mayor City of Nederland, Texas 0871 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward 1 Homer L. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor C7 � m aA� �<_1 Cit Secretary Date EJ 1 AN AMENDMENT TO RESOLUTION 1995 -01 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 Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and, WHEREAS, Section 127.005 of the Texas Election Code states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED THAT I, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Jeanne Green to replace Gladys Salts as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; and, Winifred Morgan to replace Jeanne Green as the Alternate Election Precinct Judge and Alternate Presiding Judge for the Early Voting Ballot Board for the City of Nederland General Election to be held Saturday, May 6, 1995. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the /Q_ day of QA, 1995. ATTEST: Q � LaDonna Floyd, City Secretary City of Nederland, Texas 1 Carl N. LeBlanc, Mayor City of Nederland, Texas O�� I AN AMENDMENT TO ORDINANCE 263 Ew AN ORDINANCE AMENDING CHAPTER 18, ARTICLE III, OF THE CODE OF ORDINANCES RECITALS The City Council of the City of Nederland desires to amend the plumbing code adopted in Sec. 18 -51 by revising the language in Section 303.8.3.3 pertaining to pipe requirements and by adding language to Section 913.1.1 pertaining to horizontal branches. BE IT ORDAINED BY THE CITY COUNCIL OF NEDERLAND, TEXAS: The plumbing code adopted in Section. 18 -51 is amended as follows: (a) Section 303.8.3.3 is amended to read: "Coextended pipe with a cellular core and solid wall ABS SWV and PVC DWV plastic pipe shall be IPS Schedule 40 when used for drain, wastes, vents, and building sewer. SDR -35 shall not be permitted. "; and (b) Section 913. 1.1 is amended by adding at the end of the paragraph the following sentence: "Horizontal drain lines for all food grinders and waste disposals shall be three inch (3 ") schedule 40 PVC pipe." WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this amendment. nn PASSED AND APPROVED this 10 day of U4Ac Q. 1995. ATTEST: (��ahracA .v>! LaDOnna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, C y Attorney &dG -41u , Carl N. LeBlanc, Mayor C 1 _.. ro,r ,. ,.a', "•_w� a....a _,.� k.a..�.aY �... �aa C[ro.,.SL_rr bii..•> . „u,.,:i9 t,. a .. � V AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 8, 1995 THROUGH APRIL 22, 1996 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 ofthe City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: May 8 May 22 June 12 June 26 July 10 July 24 August 14 August 28 September 11 September 25 October 9 October 23 November 6 November 20 December 11 December 18 January 8 January 22 February 12 February 26 March 11 March 25 April 8 April 22 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 10th day of April, 1995. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z'�' -k,- - Richard D. Hughes, City lWorney City of Nederland, Texas (qd (4. Carl N. LeBlanc, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 24, 1995 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 Mayor LeBlanc. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve the minutes of the April 10, 1995 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve a Proclamation declaring April 23 -28, 1995 as "National Volunteer Week" in Nederland, Texas. All Voted Aye. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, addressed Council relative to a letter. Joe Welch, P O Box 2162, Nederland, asked the Mayor and Council to allow the three men who will be installing ham radio repeaters on a water tower (which received prior permission from Council) to sign a waiver releasing the City from any damages due to their inability to find an insurance company who will write a policy for two days only. SPECIAL EVENTS A motion was made by Mayor LeBlanc and seconded by Councilman Moss - to authorize the City of Nederland to conduct a Spring "Clean -Up" in conjunction with the Nederland Rotary Club, at a cost not to exceed $4,000. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc to authorize the City of Nederland to enter into a contract with Dave Brinson for labor relations services relative to negotiations between the City and the Nederland Police Department collective bargaining unit. All Voted Aye. 093 Minutes continued, April 24, 1995 CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus (CONT.) to authorize award of contract for administrative services in connection with the Community Development Block Grant to David J. Waxman, Inc. in the amount of $30,000.00. All Voted Aye. A motion was made by Councilman Paulus and seconded by Mayor LeBlanc to accept the Consent Agreement and Order Assessing Administrative Penalties from the E.P.A. in the amount of $45,000 subject to the approval of the City attorneys. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman Doornbos to authorize the City of Nederland to enter into a contract with S. S. & H. Consulting Engineers for engineering services for the City office building, All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Moss to reject proposals for a CD ROM for the D. Bob Henson Memorial Library. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize advertisement of bids for road repair and building ' materials. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to authorize advertisement of bids for one (1) new car for the Nederland Fire Department. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to KSA Engineers, Inc. in the amount of $4,480.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment to Alico, Inc. in the amount of $179,778.24 for Estimate No. 7, Water Treatment Plant construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:07 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, discuss and/or review City Manager, Fire Chief, City Treasurer, Police Chief, City Secretary, Personnel Director, Parks Director, Building Official, Librarian, Public Works Director, and Executive Secretary; and Chapter 551.071, discuss pending litigation between the City of the Nederland Firefighters' Association. Minutes continued, April 24, 1995 RECONVENE The regular meeting was reconvened at 9:02 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only and that no action is necessary. ORDINANCES A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to postpone approving an Amendment to Ordinance No. 147, personnel policy. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1995 -03, revising the 1994 -1995 budget. All Voted Aye. Mayor LeBlanc announced that this ordinance will provide, in addition to capital projects and various other items, for a 4% COLA for all non - represented employees retroactive to October 1, 1994. WAGE AND A motion was made by Mayor LeBlanc and seconded by Councilman SALARY PLAN Paulus to approve the 1994 -1995 Wage and Salary Classification Plan, as recommended by David M. Griffith and Associates, with the following title changes: Maintenance Worker I to Meter Reader, Dog Catcher to Animal Control Officer, Sgt.- Dispatcher to Dispatcher Supervisor, and Inspector to I Chief Building Official. All Voted Aye. COMMUNICATION Billy Neal, Acting City Manager, informed the Council that a letter was received from T.N.R.C.C. regarding the landfill site. They conducted an inspection of the site and informed us of two items which need attention - a small area is ponding and needs to be mowed, and litter control near the main gate must be addressed. ADJOURN There being no further business, the meeting was adjourned at 9:22 p.m. by Mayor Carl N. LeBlanc. ar N. LeBlanc, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City �ecretary City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Melvin L. Moss Councilman Ward I Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 V/ Bill Storey City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief ✓ Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor City Secretary l- n2�1�95 Date 0951 09 CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid - Jefferson County, Texas V r0-clam-'atilan office of the 9NuLor ✓1 Ca4t N.� " "CC�nopo" LeStane /,ivy virtue of the aulliority vested in me ae /{ yor o /t/,, City o/ //ederCanJ, Jexae, clo 4erel�y pp Proclaim Apn,i.0 23 -228, 1995 —43 / //�� "Nat/i�.onat Votu/nteeA Week" in the City of n�oclerland, Jexaj, and urrge eac% and every Citizen 01 our ( ity to o6eehve th.i.a week with apphopn,i,ate eenemowiea and activ.i,tia. _Yn te dimony wheereo , euitneee my and S ,,oa� C of 11te City of ned/erCanc tlLij fle 20th 11af Ap&U, 1995 ,4.2. mayor C qq//// ity of /lederlpp ancl, 5exas 1 097 CONTRACT FOR PROFESSIONAL SERVICES Between the City of Nederland and Davis Brinson The Consultant (Davis Brinson) hereby agrees to provide Labor Relations Services for Police Collective Bargaining to the City of Nederland (Client). The Consultant's time and expertise are the factors generating the fees to be paid by the Client. The Client agrees that, at the Consultant's discretion, all time spent by the Consultant working for the Client will be billed to the Client. In return, the Consultant agrees to be reasonable and charge only necessary fees. The Client agrees to compensate the Consultant for the rendering of his services at an hourly rate(s) specified herein. When engaged in bargaining sessions, meeting with City Bargaining Team members or any other designated city official(s), staff member(s) or legal counsel, while participating in any related arbitration session or legal proceeding, or while meeting with or in discussion with any union /association representative (s), the fee shall be $100.00 per hour. While involved in the analysis of proposals submitted to the City by the unionlassociation, and the review, research and development of recommended City proposals /counterproposals, the fee shall be $75.00 per hour. While engaged in telephone conversation relating to the work to be accomplished, the fee is to be $75.00 per hour, except for telephone conversation with an individual from the opposing side, in which case the rate shall be $100.00 per hour. While traveling by personal automobile to perform services to the Client, the fee shall be $50.00 per hour for travel time. The Client shall also pay for actual mileage at the rate of $.25 cents per mile. Included shall be travel to the Client's designated location and the Consultant's place of residence. The minimum billing unit for all services shall be 1/4 hour, except that the minimum billing unit for time spent at the Client's designated location shall be two (2) hours. Continued on page 2.......... 0 O� Page 2 of 2 - Contract for Professional Services - Davis Brinson In addition to the Consultant's fees specified herein for services rendered, the Client 4 -24 -95 agrees to reimburse the Consultant for any related and necessary actual expenses incurred, Consultant: ' such as; any travel expenses (other than those specifically referred to herein), overnight lodging (including meals), photocopies, postage, office supplies, telephone and fax charges Davis Brinson and courier expenses. The Client agrees that any court reporter charges and fees, court Date Signed: costs and legal fees, fees for any other professional services or experts that may be called upon by the Client to provide specialized services, data or information, and any expenses for electronic recording equipment, are the sole responsibility of the Client to pay directly. The Consultant will provide the Client with an itemized billing statement at least monthly. The Client agrees to pay the full amount of the billing statement within fifteen (15) days after receipt. The Consultant agrees that the Client may discharge the Consultant at any time. The Client agrees that the Consultant may discontinue provision of his services at any time. * * * * * * * * * * * * * * * * * ** *AGREED * * * * * * * * * * * * * * * * * * ** APPROVE, D BYTHE CITY COUNCIL ON 4 -24 -95 City of Nederland Consultant: ' In behaj� of the Ginty Co eH By: (/ 1 -wc�� Mayor Davis Brinson Date Signed: 4 -24 -95 Date Signed: �ATTTEEST. (�.�" "d City Secretary Date Signed: 4 -24 -95 �2 1 ORDINANCE NO. 1995 -03 OQI� AN ORDINANCE AMENDING THE 1994 -95 CITY BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1994 -07 which adopted the 1994 -95 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to make additional expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the 1994 -95 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1994, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1994 and ending September 30, 1995, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council." WHEREAS, it has been determined that such funds are available ' and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 1994 -95 fiscal year should be amended to allow the expenditures as are set out in Attachment "A" and attached hereto: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 1994 -07 be, and is hereby amended so that the budget for 1994 -95 fiscal year allow the expenditures as are set out in Attachment "A ", pages 1 -9, provided such expenditures are made from the contingency account as set forth in Ordinance 1994 -07 adopting the budget for 1994 -95. 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 amendment 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. 100 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE r,) _ DAY OF APRIL, A.D., 1995. ATTEST: 2 Carl N. LeBlanc, Mayor City of Nederland, Texas r:9, l!(M/h� a la `Labonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hug es, City Attorney City of Nederland, Texas O I 1 1 1 1011 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 8, 1995 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 Richard Hughes, City Attorney. MINUTES A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to approve the minutes of the April 24, 1995 meeting as written. All Voted Aye. ' PROCLAMATION Mayor LeBlanc presented a Proclamation to Camilla Viator, Goodwill Industries, declaring March 8 -13, 1995 as "Goodwill Industries Week" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Moss to approve a Proclamation declaring March 8 -13, 1995 as "Goodwill Industries Week" in Nederland, Texas. All Voted Aye. ELECTION Jeanie Green, Election Judge, reported that a total of 950 votes were cast in the regular and early voting combined. She added that the following number of votes were cast for each candidate: COUNCILMAN WARD ONE Bob Sawyer 570 Melvin Moss 311 COUNCILMAN WARD THREE Ceyril Paulus 125 Mike Radcliff 385 Candace Blanton 215 Billy Waller 195 102 1 Minutes continued, May 8, 1995 ELECTIONS (CONT.) A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept the canvass of election as presented by Mrs. Green, Election Judge. All Voted Aye. LaDonna Floyd, City Secretary, administered the Oath of Office to Robert D. Sawyer, Councilman Ward I. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve payment to election officials in accordance with Chapter 3.08 of the Texas Election Code. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve an "Order Calling Election ", providing for a Runoff Election to be held May 20, 1995 for the purpose of electing a councilmember for Ward 111. All Voted Aye. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Resolution 1995 -05, appointing Jeanie Green, Election Judge, Winifred Morgan, Alternate Election Judge, and LaDonna Floyd, Presiding Judge at the Central Counting Station, for the Runoff Election to be held May 20, 1995. All Voted Aye. A motion was made by Councilman Paulus and seconded by Councilman ' Nagel to approve Resolution 1995 -06, authorizing the City Manager and City Treasurer to sign on transactions with the Federal Reserve Bank for the pledge and release of safekeeping receipts. All Voted Aye. REQUESTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to postpone authorizing the installation of a ham radio repeater on the water located on Canal Avenue at Hwy. 69. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to postpone approving an Amendment to Ordinance No. 147, personnel policy, until the new councilmembers have an opportunity to review it. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to approve Ordinance No. 1995 -04, amending the 1994 -1995 budget. All Voted Aye. 1031 Minutes continued, May 8, 1995 ECONOMIC Jess Fuller, President of the Economic Development Corporation, addressed DEVELOPMENT the Council on the City Attorney's suggested revisions to their by -laws. CORPORATION Several changes were suggested on various articles of the by -laws. Mr. Fuller commented on each item and voiced the concerns of the Board of Directors. It was suggested that the by -laws be amended and presented to the Board at their next meeting for final approval then place them back on the next City Council agenda. A motion was made by Councilman Sawyer and seconded by Councilman Paulus to reject the by -laws of the Economic Development Corporation, All Voted Aye. EASEMENTS Councilman Doornbos addressed the Council as a citizen and not a member of the Council relative to conveying an easement to the City of Nederland. He added that he will abstain from voting on the next two items. For the record Councilman Paulus noted that according to the City Charter any member who abstains is recorded as voting "no ". ' A motion was made by Councilman Paulus and seconded by Councilman Nagel to ratify and accept the easement previously signed by City Manager Howard McDaniel dated January 28, 1988 save and except any and all expenses related to the City's purchase of a grinder pump installed on the property of National Guardian, the City expressly reserves the right to seek reimbursement for the cost of this equipment, and further provided that the grantor completes its clean up operation. Mayor LeBlanc, Councilman Sawyer, Councilman Nagel and Councilman Paulus voted Aye. Councilman Doornbos voted No. SEWER LINE A motion was made by Mayor LeBlanc and seconded by Councilman Paulus to accept for maintenance the Memphis Avenue sewer extension and the Memphis Avenue northerly sewer extension contingent upon the property being returned to its original condition. Mayor LeBlanc, Councilman Sawyer, Councilman Nagel and Councilman Paulus voted Aye. Councilman Doornbos voted No. SURPLUS A motion was made by Mayor LeBlanc and seconded by Councilman Paulus EQUIPMENT to authorize the sale of City of Nederland surplus equipment. All Voted Aye. BUDGET A motion was made by Councilman Doornbos and seconded by Councilman Paulus to approve amendments to the 1994 -1995 budget as follows: 104 Minutes continued, May 8, 1995 BUDGET Increase 52 -33 -00 -6217 Amount $2,000.00 52 -33 -00 -6742 225.00 52 -33 -00 -6750 .64 52 -33 -00 -6265 100.00 01 -31 -00 -6262 835.92 01 -31 -00 -6354 500.00 01 -32 -00 -6111 1,957.38 50 -63 -00 -6270 250.00 50 -63 -00 -6355 1,247.34 Decrease Amount 52 -33 -00 -6264 $2,000.00 52 -33 -00 -6341 325.64 01 -31 -00 -6343 1,335.92 01 -32 -00 -6341 1,957.38 50 -63 -00 -6343 1,497.34 All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Doornbos and seconded by Councilman , Paulus to reject all bids received for one (1) car for the Police Department. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize purchase of one (1) car for the Police Department; one (1) pickup truck for the Inspection Department; and, one (1) car for the Fire Department through the Houston - Galveston Area Council of Governments. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Paulus to award bids received for one trash truck body and lift mechanism to Wheeler Truck and Body in the amount of $34,122.00. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize advertisement for bids to be received for one (1) 1/2 Ton pickup truck for the Street Department and one (1) 1 -1/2 Ton utility bed truck for the Water Department. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment of the bills for the month of April, 1995. All Voted Aye. Minutes continued, May 8, 1995 EXECUTIVE The regular meeting was recessed at 7:56 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss possible litigation with the T.N.R.C.C. and E.P.A.; and, pending litigation with Southwestern Bell Telephone Company and the Nederland Firefighters' Association. RECONVENE The regular meeting was reconvened at 10:16 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes and that no action is necessary. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to postpone approving Ordinance No. 1995 -02, Southwestern Bell Telephone Company agreement. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 10:30 p.m. by Mayor Carl N. LeBlanc. 1 ATTEST: D��Ilbk C"d LaDonna Floyd, dity Secretary City of Nederland, Texas 1 N. e nc, a�or City of Nederland, Texas 1051 106 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor / Robert D. Sawyer Councilman Ward 1 i/ Homer E. Nagel Councilman Ward 2 W. Ceyril Paulus Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official V Jim Weaver Parks Director Brenda Warren Librarian Mayor City Secretary ,V_"/ Date 1 J 1 1 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, WHEREAS, Goodwill Industries of America has been providing all these essential services for 91 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 8 -13, 1995 as "GOODWILL INDUSTRIES WEEK" in Nederland, on this their twenty -first 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 this 8th day of May, 1995. ATTEST: donna Floyd, City Secretary City of Nederland, Texas Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas �q o� 107 RESOLUTION 1995 -05 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 Early Voting Ballot Board and Central Counting Station, states that the appointment of a presiding judge for the board is appointed in the same manner as a precinct judge and the other members are appointed in the same manner as election clerks; and WHEREAS, Section 127.005 of the Texas Election Code states that the authority appointing a presiding judge to serve in an election shall appoint a presiding judge of each central counting station operating in the election; NOW, THEREFORE, BE IT RESOLVED THAT I, CARL N. LEBLANC, MAYOR, CITY OF NEDERLAND, TEXAS: Hereby appoint Jeanne Green as the Election Precinct Judge and Presiding Judge for the Early Voting Ballot Board; Winifred Morgan as the Alternate Election Precinct Judge and Alternate Judge for the Early Voting Ballot Board; and, LaDOnna Floyd to serve as Presiding Judge at the Central Counting Station for the City of Nederland Runoff Election to be held Saturday, May 20, 1995. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the day of do - 1995. (/1,��, . Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: xa �d x�fl L Donna Floyd, dity Secretary City of Nederland, Texas r I� l� J 1� I CITY OF NEDERLAND RESOLUTION 1995 -06 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 by the City Council at its regular meeting on the day of 1995. 0 14.,E Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ialSonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: O� Richard D. Hughes,'JCity Attorney City of Nederland, Texas Name Position Si n Andre' Wimer City Manager / Cheryl Dowden City Treasurer ��( 109 110 ORDINANCE NO. 1995 -04 AN ORDINANCE AMENDING THE 1994 -95 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1994 -07 which adopted the 1994 -95 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to make additional expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the 1994 -95 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1994, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1994 and ending September 30, 1995, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council." WHEREAS, it has been determined that such funds are available and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 1994 -95 fiscal year should be amended to allow the expenditures as are set out in Attachment "A ", provided such expenditures are made from the contingency account as set forth in Ordinance 1994 -07 adopting the budget for 1994 -95. 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 amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE DAY OF MAY, A.D., 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: � A ')fMMfA - LdDOnna Y Floyd', City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: \J� JvL7 ` l Richard D. Hughes, City Attorney City of Nederland, Texas 1 I J 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 22, 1995 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 Nagel to approve the minutes of the May 8, 1995 meeting as written. All Voted Aye. ELECTION Jeanie Green, Election Judge, reported that a total of 668 votes were cast in the regular and early voting combined. She added that the following number of votes were cast for each candidate: COUNCILMAN WARD THREE Candace Blanton 249 Milce Radcliff 417 A motion was made by Councilman Paulus and seconded by Councilman Sawyer to accept the canvass of election as presented by Mrs. Green, Election Judge. All Voted Aye. LaDonna Floyd, City Secretary, administered the Oath of Office to Mike Radcliff, Councilman Ward III. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize payment of election officials in accordance with state statutes, Article 3.08 of the Election Code. All Voted Aye. COMMENTS Don Watt, Nederland Heritage Festival Foundation, advised the Council that the Festival is beginning work on the design of a belt buckle to be sold during 1997 to commemorate the 100th birthday of Nederland. 111 112 Minutes continued, May 22, 1995 CONTRACTS & A motion was made by Mayor LeBlanc and seconded by Councilman Nagel AGREEMENTS to approve the installation of a ham radio repeater on the water tower located at Hwy 69 @ Canal by the Air National Guard contingent upon the Air National Guard signing a release and Mr. Joe Welch signing a statement that this will be a one time installation. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve a contract and agreement with the Mid County Y.M.C.A. for use of the Doombos Park swimming pool for swimming lessons contingent upon the following changes being made to the contract: indemnity clause being added; change dates to May 30, 1995 through August 15, 1995; add that insurance policy must be received by City prior to the beginning of swimming lessons. All Voted Aye. Councilman Doombos stated that if necessary he would provide a letter from the Doombos heirs stating that they have no problems with the contract due to the lessons being held during times when the pool is not normally open to the public. APPOINTMENTS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc appointing Kirk Gillespie to the Planning and Zoning Commission to fill the I unexpired term of Robert Sawyer. All Voted Aye. CITY RETIREES A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to authorize 4% salary increases to employees (James Byers, James Mosley, Albert Reese, and Clyde Martin) who retired after October 1, 1994, the increase will be for the period October 1, 1994 through December 31, 1994. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to Allco, Inc. in the amount of $367,105.88 for Payment No. 8, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to authorize payment to KSA Engineers, Inc. in the amount of $2,240.00 in the construction phase of the Water Treatment Plant. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:30 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to discuss collective bargaining contract between the City of the Nederland Police Officer's Association; and, Chapter 551.071, to discuss pending litigation with Southwestern Bell Telephone Company and the Nederland Firefighter's Association and possible litigation with Cowboy's Mobile Home Moving and the T.N.R.C.C. 113 Minutes continued, May 22, 1995 RECONVENE The meeting was reconvened at 7:53 p.m. by Mayor LeBlanc. He announced that the personnel item, pending litigation with the Firefighter's Association and T.N.R.C.C. were held for informational purposes only and that no action is necessary. ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve the first reading of Ordinance No. 1995 -02, Southwestern Bell Telephone Company agreement, together with the underlying settlement agreement with Southwestern Bell Telephone Company upon the third and final reading of the ordinance. The ordinance sets a two year term agreement and an annual consideration to the City of $90,000 for the first year. The ordinance will become effective upon the third and final reading and on the date specified by the settlement documents and Charter. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to postpone approval of a contract with Jones & Neuse, Inc. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, reported that the necessary clean -up established by Council at the last meeting regarding the Memphis Avenue extension has been completed satisfactorily. Mr. Wimer reminded Council that if they desire to add or delete any of the streets listed to be repaired during the 1995 Street Program to let him know as soon as possible. The City Manager added that we currently have a list of 11 requests for street lights and the City staff will be conducting a feasibility study to determine if they are warranted. ADJOURN There being no further business the meeting was adjourned at 8:08 p.m. by Mayor LeBlanc. Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: " aDonna Floyd, City §ecretary City of Nederland, Texas 114 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Date Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer. Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian f� Mayor Ciiy Secretary 1 Date [1 115 STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT On this the day of MC149 1995, the City of Nederland acting by and through its duly elected officials and Joe Welch, P.O. Box 2162, Nederland, Texas have entered into this Lease Agreement. I. The City of Nederland hereby agrees to allow Joe Welch to install a ham radio repeater on top of a water tower owned by the City of Nederland located at Hwy. 69 and Canal Street in Nederland, Jefferson County, Texas, as well as the right of ingress and egress to and from the premises owned by the City for the purpose of ' placing, operating, repairing and inspecting such equipment, for a term of one year commencing on the date this Lease Agreement is signed by the parties. This Lease Agreement is given in consideration of the mutual benefit received by the parties including the benefit that the City of Nederland and its citizens will receive from the equipment being installed and used as an emergency, back -up unit for the City's police, civil defense and other official operations and the personal benefit received by Joe Welch. It is understood and agreed to by the parties hereto that the initial installation of said equipment shall be performed by the Texas Air National Guard, the 273rd Engineering Installation Squadron (ANG) during Unit Training Assembly (UTA) time and shall be done only after each individual Texas Air National Guardsman 1 involved in the training exercise signs and delivers to the City of Nederland the RELEASE OF ALL CLAIMS marked "EXHIBIT A", which is attached to and incorporated herein by reference. The initial installation shall be on a date and time approved by the City. It is also agreed to by the parties hereto that no one shall enter the premises owned by the City of Nederland on which the equipment is installed for the purpose of inspecting, operating, repairing or removing the equipment without first obtaining written permission from the City Manager of the City of Nederland and signing and delivering additional release documents, insurance, or other documents as may be requested by the City of Nederland. II. Joe Welch hereby agrees to use and devote the installed equipment, together with his personal time, service and expertise, at times ' requested by the City of Nederland, as an emergency /back -up unit and service for the City's police, civil defense and /or other official business. III. Joe Welch agrees not to assign this Lease Agreement without the written consent of the City of Nederland. 11MO Joe Welch agrees to forever keep and hold harmless the City of Nederland from any and all claims, damages, suits or obligations caused by Joe Welch and claimed or asserted against the City of Nederland by reason of Joe Welch's operation hereunder of said equipment placed on property owned by the City of Nederland, and to 2 COP defend any and all suits brought against the City of Nederland by reason of Joe Welch's operation hereunder on said premises at Joe Welch's own cost and expense. V. The parties hereto agree that the installation of and the operation of the equipment being installed by Joe Welch according to this contract, shall in no way interfere with the operations of the City of Nederland, its Employees, Agents, Assigns, Permittees, and Lessees. VI. It is understood and agreed by and between the parties hereto that this agreement shall be extended on a year to year basis unless either party shall notify the other party in writing at least sixty ' (60) days prior to each yearly anniversary date of said agreement of their intention that said agreement shall not be renewed for the following year. VII. This agreement shall be binding upon the parties hereto, their heirs, successors and assigns. SIGNED IN DUPLICATE ON THIS THE day of 1995. JOE WELCH NOTARY PUBLIC, STATE OF TEXAS 1 3 %g, �,, 117 118 CARL N. LEBLANC, MAYOR CITY OF NEDERLAND, TEXAS Q DONNA FLOYD, CITY SECRETARY CITY OF NEDERLAND, TEXAS APPROVED AS TO FORM AND LEGALITY: RICHARD D. HUG ES CITY ATTORNEY 1 119 STATE OF TEXAS § COUNTY OF JEFFERSON § RELEASE OF ALL CLAIMS "EXHIBIT A" The undersigned ( "Indemnitor "), hereby requests permission to enter the premises located at the corner of Hwy. 69 and Canal Street in Nederland, Jefferson County, Texas, and being more particularly described as a water tower, for the purpose of installing a ham radio repeater on top of said water tower. In consideration of the permission granted to me to enter the premises to install the ham radio repeater on top of the water ' tower for training purposes, I hereby, for myself, my heirs, administrators and assigns, as well as the Texas Air National Guard, RELEASE, DISCHARGE, DEFEND AND HOLD HARMLESS the owners, operators and sponsors of the premises, including but not limited to, the City of Nederland, its agents, officers, officials and employees from all claims, demands, actions, and causes actions of any sort, including attorney fees in cost of defense, for injuries sustained to my person and /or property during or arising out of my presence upon the premises and or my participation in the installation of said ham radio repeater. THIS RELEASE, DISCHARGE AND OBLIGATION TO DEFEND AND HOLD HARMLESS SHALL APPLY TO ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF ANY SORT, WHETHER THE SAME BE BASED ON NEGLIGENCE OR ANY OTHER ALLEGATION OF FAULT, AND SHALL EXPRESSLY INCLUDE ANY AND ALL DEMANDS, CLAIMS OR CAUSES OF 120 ACTIONS ARISING OUT OF, OR RELATED TO, ANY AND ALL NEGLIGENCE AND /OR GROSS NEGLIGENCE, OF THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES, WHETHER THE SAID NEGLIGENCE BE THE SOLE PROXIMATE CAUSE OF ANY ALLEGED INJURY OR DAMAGE, OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH THE NEGLIGENCE OF THE INDEMNITOR and /or third parties. I certify that my attendance and participation in the stated activities are in relation to my membership in the Texas Air National Guard Unit, the 273rd Engineering Installation Squadron (ANG) and its training exercise, and that I am not, in any way, an employee or agent of the City of Nederland. I HAVE READ AND UNDERSTAND THE FULL GOING REQUEST AND RELEASE. IN WITNESS WHEREOF, I HAVE EXECUTED THIS REQUEST AND RELEASE IN NEDERLAND, JEFFERSON COUNTY, TEXAS ON THE DAY OF , 1995. INDEMNITOR SUBSCRIBED AND SWORN TO BEFORE ME by the said on this the day of , 1995. Notary Public, State of Texas �O l,J� 121 STATE OF TEXAS § COUNTY OF JEFFERSON § C CONTRACT AND AGREEMENT The City of Nederland, Texas (hereinafter referred to as "City ") and the Mid County Y. M. C. A. (hereinafter referred to as "Y. M. C. A. ") have agreed and do hereby agree to sponsor a joint summer swimming instructional program. The parties hereto agree that for and in consideration of six hundred dollars ($600.00) paid to the City by the Y.M.C.A., the City will furnish the swimming pool located at Doornbos Park, 2400 Avenue H, Nederland, Texas, from May 30, 1995 through July 21, 1995. The time periods each day shall be from 10:00 a.m. to 12:10 p.m. Y.M.C.A. shall use the swimming pool for swimming instructions for their participants. ' As further consideration, Y.M.C.A. hereby contracts and agrees to the following: 1. Y.M.C.A. will pay all instructors; 2. Y.M.C.A. will carry liability insurance, naming the City of Nederland as loss payee, in at least the minimum amount of $300,000.00, and hereby agrees to furnish the City of Nederland a copy of said policy. Such insurance policy shall contain an endorsement providing that it will be primary as to any other insurance the City may have. Such insurance policy shall be provided to the City prior to the beginning date of the Contract. Such policy shall not be cancelled or coverage reduced during the term of the agreement; 3. Y.M.C.A. hereby agrees to leave the swimming pool area in as "clean" a condition after each swimming session as it was before each swimming lesson. 122 It is hereby agreed by the parties hereto that the Y.M.C.A. shall have control over all participants and all instructors in the swimming program. The beginning date of this Contract shall be May 30, 1995 and the Contract shall terminate August 15, 1995. Parties hereto agree that the City of Nederland has no responsibility concerning this Contract and the summer swimming program other than furnishing of the swimming pool. AS FURTHER CONSIDERATION, Y.M.C.A., ITS DIRECTORS AND ASSIGNS, DOES HEREBY RELEASE, DISCHARGE, DEFEND AND HOLD HARMLESS THE OWNERS, OPERATORS AND SPONSORS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY SORT, INCLUDING ATTORNEY'S FEES AND COSTS OF DEFENSE, FOR ' INJURIES SUSTAINED TO ANY PERSON AND /OR PROPERTY DURING OR ARISING OUT OF Y.M.C.A.'S PRESENCE ON THE PREMISES AND /OR ITS USE OF THE SWIMMING POOL. THIS RELEASE, DISCHARGE AND OBLIGATION TO DEFEND AND HOLD HARMLESS SHALL APPLY TO ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION OF ANY SORT, WHETHER SAME BE BASED ON NEGLIGENCE OR ANY OTHER ALLEGATION OF FAULT, AND SHALL EXPRESSLY INCLUDE ANY AND ALL DEMANDS, CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, ANY AND ALL NEGLIGENCE AND /OR GROSS NEGLIGENCE OF THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES, WHETHER SAID NEGLIGENCE BE THE SOLE PROXIMATE CAUSE OF ANY ALLEGED �p�� 2 I� INJURY OR DAMAGE, OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH NEGLIGENCE OF THE Y.M.C.A AND /OR THIRD PARTIES. This Contract may not be assigned by the Y.M.C.A. without the express, prior approval of the City. Witness our hands this o�2- day of 1995. CITY OF NEDERLAND Carl N. LeBlanc, Mayor ATTEST: Q Q a" LaDonna Floyd, Cit Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ciq Attorney MID COUNTY Y.M.C.A. Moe Cully, President Board of Directors `Uq o� 1231 124 6:00 p.m. MEETING QUORUM INVOCATION REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 12, 1995 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. See attached. The invocation was given by Steve Hamilton, Director of Public Works. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the May 22, 1995 meeting as written contingent upon changing "Air National Guard" to "individual guards who will be participating" under the agreements section. All Voted Aye. ECONOMIC A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff DEVELOPMENT to accept the by -laws of the Nederland Economic Development Corporation. CORPORATION All Voted Aye. ORDINANCES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the second reading of Ordinance No. 1995 -02, South- western Bell Telephone agreement. All Voted Aye. CONTRACTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve an agreement with Jones & Neuse, Inc. to perform engineering and environmental services related to the Wastewater Treatment Plant. All Voted Aye. STREET LIGHTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize the installation of street lights at the following locations: 2415 Avenue M, 1307 Kent Avenue, 1135 Gary, 2016 Avenue C, 2521 Avenue E, 2417 Avenue F, 1316 Detroit, 519 South 1' /s Street, 189 Hilldale, 217 Royal Way, and 1604 Detroit. All Voted Aye. 1 n 1 1251 Minutes continued, June 12, 1995 MID COUNTY A motion was made by Mayor LeBlanc and seconded by Councilman Nagel MUNICIPAL to authorize the City of Nederland's contribution of $5,000.00 for maintenance LEAGUE of the Mid County Municipal League landfill site. All Voted Aye. BIDS/PROPOSALS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to postpone awarding bids received for uniform rental. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to award bids received for street materials for the 1995 Street Program as follows: AES 300 (.71 /gal) and RS -2 (.66 /gal) to Koch Materials; Rejuvenating Agent ($1.20 /gal) to Gator Recyclers; Aggregate ($28.15 /ton) to Vulcan Materials; and, Limestone Base ($12.50 /ton) and 610 Base ($13.25 /ton) to Transit Mix. All Voted Aye. A motion was made by Councilman Radcliff and seconded by Mayor LeBlanc to award bids received for coagulant chemicals for the Water Treatment Plant to Waste -Water Resources, Humble, TX in the amount of $0.54 /lb. All Voted Aye. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to reject the purchase of two -way radios through HGAC. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment of the bills for the month of May, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:33 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to discuss personnel - collective bargaining contract between City of Nederland Police Officer's Association; and, Chapter 551.071, discuss pending litigation between City and Nederland Firefighter's Association and possible litigation with T.N.R.C.C. RECONVENE The regular meeting was reconvened at 8:08 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes and that faction is necessary. . o� 126 Minutes continued, June 12, 1995 COMMUNICATION Mayor LeBlanc read a letter from the Jefferson County Airport Director commending the actions of the Fire Department during the recent tragedy at the Air Show. ADJOURN There being no further business, the meeting was adjourned at 8:12 p.m. by Mayor Carl N. LeBlanc. ATTEST: 4P, n �a LaDonna Floyd, City Secretary City of Nederland, Texas r N. e anc, Mayor City of Nederland, Texas 1 III'' J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward I Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer. / Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian ✓ Mayor Ce (r? -ia-9s Date 12 128 o p WORK ORDER FOR PROFESSIONAL SERVICES WASTEWATER TREATMENT SYSTEM This work order constitutes authorization by the City of Nederland, Texas (Client) for Jones and Neuse, Inc. (JN) to proceed with the following scope of services as required by the Client: TNRCC Response Document 1. Reviewing existing documents containing wastewater system expansion and treatment plant improvements. 2. Make recommendations with regards to the City's wastewater needs. Include treatment plant construction options, an economic analysis and discussion of major elements of each reasonable option. 3. Develop and investigate additional regional wastewater opportunities. 4. Develop a plan and schedule for mitigating the effects of Inflow /Infiltration into the wastewater system from existing data prepared by others. 5. Assist the City in preparing an operation plan for the plant. 6. Organize current data from various reports on the current plant's engineering assessment into an acceptable document for submittal to the State. No 1 I P941433B SCOPE On -Call Wastewater Treatment Plant Services This phase of work consists of the on -site determination of the existing conditions and calculations to determine the operational and design constraints of the plant. Services to be provided include the following: 1. Collecting additional plant design data and operational information. 2. Observation of current plant operation. 3. Provide detailed calculations of existing plants hydraulics or biological loadings. 4. Prepare a memo report documenting the results of the evaluation. 5. Develop operational strategies and /or economically feasible plant modifications which will improve the treatment process. 6. Discuss findings, recommendations, and results with Owner. ' 7. Review of responses to agency requests for information. TNRCC Response Document 1. Reviewing existing documents containing wastewater system expansion and treatment plant improvements. 2. Make recommendations with regards to the City's wastewater needs. Include treatment plant construction options, an economic analysis and discussion of major elements of each reasonable option. 3. Develop and investigate additional regional wastewater opportunities. 4. Develop a plan and schedule for mitigating the effects of Inflow /Infiltration into the wastewater system from existing data prepared by others. 5. Assist the City in preparing an operation plan for the plant. 6. Organize current data from various reports on the current plant's engineering assessment into an acceptable document for submittal to the State. No 1 I P941433B f� 12 (* 7. Prepare a document in an acceptable format to the City and TNRCC which will include the above items 1 -6 and documents prepared by the City to respond to the States Technical Order. The Client will provide the following: Access to the property; 2. Available information that may be useful in making a determination of plant conditions (flow records, equipment operating manuals, water quality test data, etc); and 3. Outside lab testing of plant water quality. TERMS Standard of Care and Warranty JN agrees that its Services will be performed with that level of care and skill ordinarily exercised by CC// members of the profession currently practicing under similar conditions and circumstances. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE. JN will not be responsible for any third parties interpretation or use of data developed by JN. Safetv JN is responsible for the safety on site of its own employees. This provisions shall not be construed to relieve JN or Client or any of their officers, directors, employees, agents, vendors, or contractors from their responsibility for maintaining a safe worksite. Neither the professional services of JN, nor the presence of JN's employees and subcontractors shall be construed to imply JN has any responsibility for any activities on site performed by personnel other than JN's employees or subcontractors. Independent Contractor JN's relationship with the Client under this Agreement shall be that of independent contractor. The employees, methods, equipment, and facilities used by JN shall at all times be under its exclusive direction and control, and the Client shall not exercise control over JN except insofar as may be necessary to ensure performance and compliance with this Agreement. Insurance JN agrees to purchase and maintain at its own expense worker's compensation insurance, employer liability insurance, general liability insurance, and autornobile liability insurance. Indemnification Each party (Indemnitor) shall defend, indemnify, and hold the other party (Indemnitee) harmless from and against any claim asserted by any person or entity (other than an officer, director, employee or agent of Indemnitee) arising out of (i) Indemnitor's negligence, or (ii) (Indemnitor's) breach of any obligation or responsibility imposed on it by the provisions of this Agreement. P8414336 130 Disputes If a dispute arises relating to the performance of the Services covered by this Agreement, and legal or other costs are incurred, the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time at then current billing rates, court costs, attorney's fees, and other claim - related expenses. Any attorney's fees, court costs, collection fees or other costs incurred in collecting any uncontested delinquent amounts shall be paid by Client. Venue This contract is performable in Nederland, Jefferson County, Texas. COMPENSATION The on -call services and proposed TNRCC response document preparation are being conducted solely at the Client's request within the limitations of the scope. Compensation for services described in the scope shall be on a reimbursable basis for all proposed parts in accordance with the attached flat rate schedule of fees dated September 15, 1994. The estimated cost for all proposed services is $11,000 and will not be exceeded without additional written authorization. AUTHORIZED: CITY OF NEDERLAND BY�1 DATE (0 `/ 5 Purchase Order No. _ (if applicable) CPO, MIN No ACCEPTED: JONES AND NEUSE, INC. BY V DATE 3 } 19 S Proposal No. P941433B Work Order No. _ (to be assigned after authorization) PB41433B 1 COST ESTIMATE WASTEWATER TREATMENT SYSTEM SERYICES Engineer 11 Environmental Specialist 11 lnvironmcntal Specialist I 16 hrs @ $90 /hr $1,440 32 hrs @ $70 1hr 2,240 32 hrs @ $50 /hr 1,600 Senior Project Technical 18 lirs @ $95 /hr $1,710 Environmental Specialist II 24 hrs @ $70 /hr 1,200 E•nvironmcntal Specialist I 16 hrs @ $50 /hr 800 Staff Technical I1 24 hrs @ $50 /hr 1,200 Clerk I1I 24 firs @ $35 11ir 840 1 loin Im 131 4Uq o� P941433A 132 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 26, 1995 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 Doombos. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the June 12, 1995 meeting as written. All Voted Aye. COMMENTS Bobbie VanAuken, 2423 Nederland Avenue, commented on smoke testing I and appointing assistant. James Riley, 613 - 13th Street, OCAW, commented on hiring practices. ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to approve the third and final reading of Ordinance No. 1995 -02, Southwestern Bell Telephone Company working agreement. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve Ordinance No. 1995 -02, Southwestern Bell Telephone Company working agreement. All Voted Aye. SUBDIVISIONS A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve the final plat of Allan Court Phase Two as recommended by the Planning and Zoning Commission contingent upon an ordinance being prepared and approved as set forth in the Release of Easement. All Voted Aye. 1 1331 Minutes continued, June 26, 1995 PAYMENTS A motion was made by Councilman Nagel and seconded by Mayor LeBlanc authorizing final payment to Lairson, Stephens & Reimer in the amount of $9,500.00 for professional services related to the City ofNederland's 1993- 1994 annual audit. All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to reject bids received for one (1)' /z Ton pickup truck for the Street Department. All Voted Aye. A motion was made by Councilman Doombos and seconded by Councilman Nagel to authorize the purchase of one (1) 1/2 Ton pickup truck for the Street Department in the amount of $13,046.82 and one (1) 11/2 Ton utility bed truck for the Water Department in the amount of $19,208.22 through HGAC. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel authorizing the purchase of one (1) utility bed, lift gate, and pipe rack for utility bed truck for the Water Department in the amount of $6,095.52 through HGAC. All Voted Aye. ' A motion was made by Councilman Sawyer and seconded by Councilman Nagel to award bids received for uniform rental for various departments to Best Industrial Uniform Supply Co, Houston; TX, in the amount of $4.70 /week per employee contingent upon adding a non - appropriation clause and incorporating the company's bid letter into the contract. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to authorize advertisement of bids for two way radios for the Public Works Department to be received at 10:00 a.m., July 13, 1995. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize advertisement of bids for the 1995 Street Overlay Program. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:37 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to discuss personnel appointments, and Chapter 551.071, to discuss pending litigation between the City and the Firefighter's Association; possible litigation with the T.N.R.C.C.; and, pending litigation with Southwestern Bell Telephone Company. 134 Minutes continued, June 26, 1995 RECONVENE The regular meeting was reconvened at 7:13 p.m. by Mayor LeBlanc. He announced that the litigation between the City and the Firefighter's Association was held for information purposes only and the Southwestern Bell Telephone Company item was acted upon earlier in this meeting. APPOINTMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to make the following appointments for a one year term: LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief/Fire Marshal; Richard Hughes, City Attorney; John Borne, City Judge; Billy Neal, Police Chief/Assistant Emergency Management Coordinator; and, Jerry McNeill, Emergency Management Coordinator. All Voted Aye. Mayor LeBlanc announced that it is the duty of the City Attorney to hire a City Prosecutor, therefore, the Council will not act upon that position. Mayor LeBlanc commended all the appointed city officials for their efforts. T.N.R.C.C. Richard Hughes, City Attorney, explained the Agreed Order by the Texas Natural Resource Conservation Commission. The City was originally fined approximately $75,000 and after meeting with the T.N.R.C.C. the fine was reduced to $56,460. The Agreed Order requires the City of Nederland to pay ' a cash settlement of $10,000 with the remaining $46,460 deferred. Mr. Hughes recommends approval ofthe Agreed Order as recommended by Cindy Smiley, Baker & Botts, legal counsel. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve the Agreed Order by the T.N.R.C.C. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, stated that he contacted Entergy to install the street lights which were approved at the last Council meeting. Mr. Wimer informed the Council that the street program has been initiated. The City Manager also informed the Council that the Regional Wastewater Study prepared by Schaumburg & Polk will be submitted to the T.N.R.C.C. by the end of the week for their comments. A Work Session was scheduled for July 14, 1995 to review the 1995 -1996 budget. The City Attorney informed the Council that the library has been closed due to noxious odors from the newly installed carpet. It appears that the carpet or glue, or a combination of the two, is causing the problem. Mr. Hughes has Minutes continued, June 26, 1995 spoken to the manufacturer's attorney regarding the problem and they have suggested that we heat the carpet to set the glue, ventilate the rooms, and clean the carpet, then retest the air quality. We should be receiving some type of action soon, which may include replacing the carpet. Councilman Nagel inquired about the status of the cellular telephones. The City Manager responded that he will be discussing the legalities with a representative of GTE. Councilman Nagel also inquired about the problem of who is responsible for maintenance of the shrubs in Atrium Place. Mr. Wimer stated that it is his understanding that the homeowner's association agreed to maintain them several years ago. Councilman Doombos asked when Ordinance No. 147 will be placed on the agenda. The City Manager responded that he would like to conduct a Work Session on the Wage and Salary Classification Plan prior to approval of the personnel ordinance. He added that he will report back to Council on this matter. I ADJOURN There being no further business, the meeting was adjourned at 7:35 p.m. by Mayor LeBlanc. ATTEST: m la LaDonna Floyd, City Secretary City of Nederland, Texas F� Car N. LeBlanc, Mayor City of Nederland, Texas 1351 136 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor ✓ Robert D. Sawyer Councilman Ward 1 �✓ Homer E. Nagel Councilman Ward 2 ✓ Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 �✓ Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief i✓ Cheryl Dowden City Treasurer. Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. V-1 Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor Cify Secretary Date 1 1371 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 10, 1995 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 Kent Walston, Director of Personnel. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the June 26, 1995 meeting as written. All Voted Aye. ' CITY ATTORNEY Richard Hughes, City Attorney, responded to Jake Waller, Jr.'s questions posed to Council at a previous meeting regarding the City's Water and Sewer Line Maintenance Fund. Mr. Hughes stated that he has investigated the Fund and its inception and has found no evidence of monies being expended on unauthorized expenditures. He added that no rate increase was authorized in the year 1989 for this, but did find one in 1990. W. Hughes added that he has researched the ordinances and minutes of Council meetings and has not been able to confirm Mr. Waller's understanding of the Fund. Jake Waller, Jr. thanked Mr. Hughes for his efforts in answering his concerns but added that he was particularly interested in a $5,000 /month fee which was referred to in a letter from dp Consulting Engineers in 1990. Mr. Hughes responded that he has not been able to find any documentation to support this fee. RESOLUTION Andre' Wimer, City Manager, submitted the proposed FY 1995 -1996 annual budget to the Mayor and Council. He gave a brief overview of the budget and informed Council that a Work Session will be conducted Friday, July 14, 1995 at 1:00 p.m. to review the budget. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Resolution 1995 -06 submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 1995 and ending September 30, 1996, and authorize a Public Hearing to be held at 6:00 p.m., July 24, 1995 for the purpose of discussing the proposed budget as per Article VII of the City Charter. All Voted Aye. 138 Minutes continued, July 10, 1995 CITY PROPERTY Andre' Wimer, City Manager, reviewed the evaluation of HVAC systems for City Hall office complex as prepared by S S & H, Inc. He added that the estimated cost to replace the system is $57,000 - $60,000, but the area most in need of repairs is City Hall itself. Mr. Wimer stated that he has placed $35,000 in the proposed budget to begin the replacement. The City Manager also informed Council that the HVAC system, which is on the roof, appears to be contributing to roof leaks. He has received a report from a roofing company stating that the entire roof is in need of major repairs or replacement and that company estimated the cost to be $60,000 - $70,000. Mr. Wimer stated he will report back to Council when more information is available. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to authorize the cancellation of $401.43 uncollectible taxes on the property described as part of Lot 2, Block 17, Range F, Tract 1, PALCO, (Rienstra Park on Helena Avenue), in accordance with Section 8.09 of the City Charter. All Voted Aye. ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve Ordinance No. 1995 -05, releasing a utility and drainage easement; and Ordinance No. 1995 -06, releasing a roadway easement in Allan Court, Section 2. All Voted Aye. INSURANCE Kent Walston, Director of Personnel, gave a brief overview of the status of the City's insurance coverage. He stated that if the City remains with TML then we will be able to save approximately $40,000 than if we were to rebid. He recommended that we remain with TML for at least another year in order to obtain the rebates and lower rates. BIDS/PROPOSALS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to postpone authorizing the advertisement for bids for health insurance, general liability insurance, and/or property and casualty insurance. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to authorize payment of the bills for the month of June, 1995. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to authorize payment to Allco, Inc. in the amount of $169,049.88 for Pay Estimate No. 9, Water Plant Construction. All Voted Aye. 139 Minutes continued, July 10, 1995 EXECUTIVE The regular meeting was recessed at 7:01 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, personnel - address comments received from James Riley; and, Chapter 551.071, litigation - pending litigation between the City of Nederland and the Nederland Fire Fighters Association, First American Title Insurance Company, A. J. Waller, and Norman Lee Rushing. RECONVENE The regular meeting was reconvened by at 8:22 p.m. by Mayor LeBlanc. He announced that the personnel item and the pending litigation between the City and First American Title Insurance Company, A. J. Waller, and Norman Lee Rushing were informational items only. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve a contract between the City of Nederland and the Nederland Fire Fighters Association and to authorize Robert Hambright, Attorney, to sign the letter of agreement and that the letter of agreement be confirmed by a contract being drafted by the parties, and to authorize the Mayor and City Attorney to sign the contract. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, stated that the smoke testing documents referred to by Bobbie VanAuken at the last meeting is available for inspection. The City Manager informed the Council that the maintenance of shrubs in Atrium Place will be done by the homeowner's association. Mr. Wimer reported that the situation at the library will hopefully be resolved within the next few days and will reopen as soon as possible. He added that Brenda Warren, Librarian, turned in her resignation today to accept a position at Kelly High School. Mr. Wimer informed the Council that BFI is currently negotiating a price increase for landfill services. The City Manager also informed the Council that Jim Weaver, Parks and Recreation Director, will be draining the pond at Doornbos Park this week and will install an aerator. Mr. Wimer added that the City received notification of the grant received to begin work on the sewer lines along Hilldale. Councilman Sawyer reported that the weeds are beginning to grow back at the proposed Rienstra Park site. 140 Minutes continued, July 10, 1995 Councilman Doornbos reported drainage problems at the intersection of Nederland Avenue and South 9th Street. ADJOURN There being no further business, the meeting was adjourned at 8:31 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, City ecretary City of Nederland, Texas eafl N. T a anc, Mayor City of Nederland, Texas 1 1 L' 141 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer F. Nagel Councilman Ward 2 / Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer. Mike Lovelady Fire Chief ,/ Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Brenda Warren Librarian (,'�d A� ;��, �-, Mayor City Secretary 'I -IO.9 Date 142 : ,001 RESOLUTION 1995 -06 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, 1995 AND ENDING SEPTEMBER 30, 1996. 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, 1995 and ending September 30, 1996; 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: I 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., July 24, 1995, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED by the City Council at its regular meeting this the 10th day of July, A.D., 1995. ATTEST` LaDonna Floyd, City Secretary City of Nederland, Texas Carl N. "Cropo" LeBla , Mayor City of Nederland, Texas 1 ORDINANCE NO. 1995 -05 AN ORDINANCE ABANDONING, RELEASING, AND DISCHARGING A UTILITY AND DRAINAGE EASEMENT ON, OVER, AND ACROSS THE 0.035 ACRE TRACT OF LAND OUT OF LOT 2, BLOCK 14, RANGE H OF THE PORT ARTHUR LAND COMPANY, NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vernon's Annotated Civil Statutes, Article 1175, Section 18 and Article XIV, Section 14.01 of the Charter of the City of Nederland, the City has the power to abandon, release, and discharge streets, public road right -of -ways, alleys, and easements; and, WHEREAS, the public utility and drainage easement described in Section 1, hereof, lies wholly within the City limits of the City of Nederland, a home rule city in Jefferson County, Texas, and that portion of said public utility and drainage easement is situated in Lot 2, Block 14, Range H ofthe Port Arthur Land Company, Nederland, Jefferson County, Texas. WHEREAS, there are no utilities located in the 0.035 acre tract hereinafter described in said easement and it appears that Gulf States Utilities/Entergy, Southwestern Bell Telephone Company, Southern Union Gas Company, TCI Cablevision, and the City of Nederland have no present or planned use ofthe 0.035 acre tract of said easement, and it is considered that it would be to the best interest ofthe public and the public welfare to abandon, release, and discharge said easement as to all rights and interest ofthe City of Nederland therein, and, WHEREAS, the easement hereby released is being replaced by a utility and drainage easement dedicated to the public by Dedication Instrument on Allan Court Phase 2, referring to a Subdivision Map to be recorded simultaneously with this instrument on 4.88 acres of land out of Lot 2, Block 14, Range H ofthe Port Arthur Land Company Subdivision recorded in Volume 1, Page 22 of the Map ' Records of Jefferson County, Texas; and, WHEREAS, the 0.035 acre tract situated in Lot 2, Block 14, Range H of the Port Arthur Land Company, shall be abandoned, released, and discharged; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That the following described portion of a public utility and drainage easement in the City of Nederland be, and the same is hereby abandoned, released, and discharged as to all rights and interest ofthe City of Nederland, therein; Being a utility and drainage easement, on, over, and across the 0.035 acre tract of land out ofthe Port Arthur Land Company Subdivision, as recorded in Volume 1, Page 22 ofthe Map Records of Jefferson County, Texas, in the City of Nederland, Jefferson County, Texas, being more particularly described as follows: Being a tract or parcel containing 0.035 acre of land out of and a part of Lots 1 and 2, Block 14, Range H, ofthe Port Arthur Land Company Subdivision, as recorded in Volume 1, Page 22, of the Map Records of Jefferson County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod found for corner on the Westerly right -of -way line of a 60 feet wide road known as South 21 st Street in the City of Nederland, Jefferson County, Texas, as recorded in Volume 14, Page 26, of Jefferson County Map Records, THENCE South 41 deg. 18 min. 00 sec. West along the Southerly line of said Allan Meadow, Section Three 168 feet pass a found concrete monument and continuing along said Southerly line for a total distance of 478.24 feet to a 1/2 inch iron rod found for corner; THENCE departing the Southerly line of said Allan Meadow, Section Three, South 48 deg. 42 min. 00 sec. East a distance of 115.00 feet to a 1/2 inch iron rod found for corner; 143 �q o� 144 THENCE South 41 deg. 18 min. 00 sec. West a distance of 15.00 feet to a 1/2 inch iron rod found for corner; THENCE South 48 deg. 42 min. 00 sec. East a distance of 175.00 feet to a 1/2 inch iron rod found for corner and the POINT OF BEGINNING of the herein described tract; THENCE North 41 deg. 18 min. 00 sec. East a distance of 34.98 feet to a 1/2 inch iron rod found for corner; THENCE South 48 deg 42 min. 00 sec. East a distance 168.33 feet to a 1/2 inch iron rod found for corner, THENCE South 42 deg 07 min. 43 sec. West a distance of 7.86 feet to a point for corner; THENCE North 48 deg. 42 min. 00 sec. West a distance of 160.22 feet to a point for corner; THENCE South 41 deg. 18 min. 00 sec. West a distance of 27.13 feet to a point for corner; THENCE North 48 deg. 42 min. 00 sec. West a distance of 8.00 feet to a 1/2 inch found iron rod and the POINT OF BEGINNING and containing 0.035 acre of land, more or less. Section 2. This being an ordinance not requiring publication it shall become effective from and after its passage. READ, ADOPTED AND APPROVED this the /D day of 1995, at a regular meeting of the City Council of the City ofNederland, Texas, by the Following vote: AYES: Mayor ' Councilmen ��., 42W 1 /7c cL 1�1, %A /V/ m NOES: ado, ShL — Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: a, " C>&uioz LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 6- an , Richard Hughes, City At orney City of Nederland, Texas 145 ORDINANCE NO. 1995 -06 AN ORDINANCE ABANDONING, RELEASING, AND DISCHARGING A ROADWAY EASEMENT FOR VEHICLE AND PEDESTRIAN TRAFFIC, ON OVER AND ACROSS THE 0.185 ACRE TRACT OF LAND OUT OF LOT 2, BLOCK 14, RANGE H OF THE PORT' ARTHUR LAND COMPANY SUBDIVISION, NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vernon's Annotated Civil Statutes, Article 1175, Section 18 and Article XIV, Section 14.01 of the Charter of the City of Nederland, the City has the power to abandon, release, and discharge streets, public road right -of -ways, alleys, and easements; and, WHEREAS, the roadway easement described in Section 1, hereof, lies wholly within the city limits of the City of Nederland, a home rule city in Jefferson County, Texas, and that portion of said roadway easement is situated in Lot 2, Block 14, Range H of the Port Arthur Land Company Subdivision, Nederland, Jefferson County, Texas. WHEREAS, there are no utilities located in the 0.185 acre tract hereinafter described in said easement and it appears that Gulf States Utilities/Entergy, Southwestern Bell Telephone Company, Southern Union Gas Company, TCI Cablevision, and the City of Nederland have no present or planned use of the 0.185 acre tract of said easement, and it is considered that it would be to the best interest of the public and the public welfare to abandon, release, and discharge said easement as to all rights and interest of the City of Nederland therein, and, WHEREAS, the easement hereby released is being replaced by streets dedicated to the public by Dedication Instrument on Allan Court Phase 2, referring to a Subdivision Map to be recorded simultaneously with this instrument on 4.88 acres of land out of Lot 2, Block 14, Range H of the Port Arthur Land Company Subdivision recorded in Volume 1, Page 22 of the Map Records of Jefferson County, Texas. WHEREAS, the 0.185 acre tract situated in Lot 2, Block 14, Range H of the Port Arthur Land Company Subdivision, shall be abandoned, released, and discharged. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That the following described portion of a roadway easement in the City of O� Nederland be, and the same is hereby abandoned, released, and discharged as to all rights and interest Q� of the City of Nederland, therein; Being a roadway easement for vehicle and pedestri an traffic, on, over, and across the 0.185 acre tract of land out of the Port Arthur Land Company Subdivision, as recorded in Volume 1, Page 22 of the Map Records of Jefferson County, Texas, in the City of Nederland, Jefferson County, Texas, being more particularly described as follows: Being a tract or parcel containing 0.185 acre of land out of and a part of Lot 2, Block 14, Range H, of the Port Arthur Land Company Subdivision, as recorded in Volume 1, Page 22, of the Map Records of Jefferson County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a iron rod found for corner on the Westerly right -of -way line ofa 60 feet wide road known as South 21 st Street and being the Southeast corner of Allan Meadow, Section Three, in the City of Nederland, Jefferson County, Texas, as recorded in Volume 14, Page 26, of the Jefferson County Map Records; . THENCE South 41 deg. 18 min. 00 sec. along the Southerly line of said Allan Meadow, Section Three, 164.24 feet pass a found concrete monument and continuing along said Southerly line for a total distance of478.24 feet to a 1/2 inch iron rod found for corner; 146 THENCE departing said Southerly line of Allan Meadow, Section Three, South 48 deg. 42 min. 00 sec. East a distance of 115.00 feet to a 1/2 inch iron rod found for corner; THENCE South 41 deg. 18 min. 00 sec. West a distance of 15.00 feet to a 112 inch iron rod found for comer; THENCE South 48 deg. 42 min. 00 sec. East a distance of 6.00 feet to a point for corner and the POINT OF BEGINNING of the herein described tract; THENCE along the arc of a curve to the right (Radius = 25.00 feet, Delta Angle = 53 deg. 07 min 48 sec.) for an arc length of 13.91 feet to a point of reverse curvature; THENCE along the arc of a curve to the left (Radius = 50.00 feet, Delta Angle = 253 deg. 44 min. 24 sec.) for an arc length of 249.81 feet to a point of reverse curvature; THENCE along the arc of a curve to the right (Radius = 25.00 feet, Delta Angle - 53 deg. 07 min. 48 sec.) for an arc length of 13.91 feet to a point for corner, THENCE North 48 deg. 42 min. 00 sec. West a distance of 48.00 feet to the POINT OF BEGINNING and containing 0.185 acre of land, more or less. Section 2. This being an ordinance not requiring publication it shall become effective from and after its passage. READ, ADOPTED AND APPROVED this the /O day of al �_, 1995, at a regular meeting of the City Council of the City of Nederland, Texas, by the following vote: AYES: Mayor L4 &&"C' Councilmen Jck,`y4,w, 1.A6 NOES: COPY ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: A4,, Richard Hughes, CIty Attorney City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 1 1 147 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 24, 1995 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 Nagel and seconded by Mayor LeBlanc to approve the minutes of the July 10, 1995 meeting as written. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:02 p.m. by Mayor LeBlanc for the purpose of receiving comments relative to the City of Nederland fiscal 1995 -1996 budget. Andre' Wimer, City Manager, gave an overview of the proposed budget. He stated that after the work session with Council an additional $50,000 has been added in the Capital Outlay Fund for street work. Mr. Wimer reported that the combined funds total $12,048,492. He reported that newly established funds in this budget are the Haz -Mat Fund, Equipment Replacement Fund, Capital Outlay Fund, and Economic Development Corporation Fund. Mr. Wimer then stated that the budget includes a three percent (3 %) cost of living increase for non - represented employees. He concluded by reporting the intent of this budget is that reserve funds not be drawn upon to fund expenditures and Council has been presented with a balanced budget. Jake Waller, Jr., Port Neches, asked if any monies in the Parks and Recreation Fund were for improvements to Rienstra Park. The City Manager responded that at this time there are no funds for this park due to the City applying for a matching grant sometime this year. There being no further questions and/or comments the Public Hearing was adjourned at 6:11 p.m. by Mayor LeBlanc and the regular meeting was called back to order. Minutes continued, July 24, 1995 BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve amendments to the 1994 -95 budget as follows: increase Fixed Plant Equipment R & M (50 -62 -00 -6351) by $56,800 and decrease Plant Equipment (50 -62 -00 -6740) by $32,500; Health Inspection Fees (50 -62- 00 -6323) by $12,500; and, Special Equipment (50 -62 -00 -6745) by $11,800 to make necessary repairs at the Wastewater Treatment Plant. All Voted Aye. ORDINANCE A motion was made by Councilman Doombos and seconded by Councilman Radcliff to approve Ordinance No. 1995 -07, revising the 1994 -95 budget. All Voted Aye. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize the TNRCC to reimburse the City of Nederland $4,576.90 for remediation work performed at the City Service Center, and an additional $24,182.35 pending the submission of further documentation by the City. All Voted Aye. BIDS A motion was made by Councilman Doombos and seconded by Councilman Nagel to award bids received for two -way radios for the Public Works Department to HGAC in the amount of $25,324.90. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Doombos to award bids received for the 1995 Asphaltic Concrete Overlay Program to APAC in the amount of $38,142.00. All Voted Aye. PAYMENT A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment to Allco, Inc. in the amount of $473,939.17 for Pay Estimate No. 10, Water Plant Construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:27 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.074, to consider appeal of termination from Bobby Miller and discuss collective bargaining contract between the City of Nederland and the Nederland Police Officers' Association. RECONVENE The regular meeting was reconvened at 7:56 p.m. by Mayor LeBlanc. He announced that the discussion of the collective bargaining contract was for informational purposes only. 1 1 Minutes continued, July 24, 1995 PERSONNEL A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to uphold the City Manager and staff s termination of Bobby Miller. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, reported to the Council that the carpeting in the Library is currently being removed. The City Manager reminded the Council of the Special Meeting of August 7, 1995 to adopt the 1995 -1996 budget. He stated that he would like to conduct a work session immediately after this special meeting to review the Wage and Salary Classification Plan. Mr. Wimer then reported to the Council on the status of the cellular telephones which were authorized for city employees earlier in the year. He stated that he has talked to the City Attorney as well as the GTE Mobilnet representative and feels we will be able to allow the employees to obtain the service. Mr. Wimer added that he would like to have the employees sign an authorization for payroll deduction in the event they do not pay their bills with an additional clause authorizing the City to retain $200.00 from their last check in the event of separation from the City until such time as the final tele- phone bill has been paid. At that time the $200.00 will be returned to the employee or used to pay the final bill. The majority of the Council felt this would be sufficient and authorized Mr. Wimer to proceed with the necessary documents. ADJOURN There being no further business, the meeting was adjourned at 8:06 p.m. by Mayor Carl N. LeBlanc. ATTEST: nA [ onna Floyd, Cit Secretary City of Nederland, Texas - //o' Zz� C N. refflinc, &r City of Nederland, Texas 149 1 ,5d INTENTIALLY LEFT BLANK i'. 1 1 1 151 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahc-nt Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward I ✓ Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer. Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Klatch Building Official Jim Weaver Parks Director Brenda Warren Librarian Mayor -ay 9s Date 152 ORDINANCE NO. 1995 -07 AN ORDINANCE AMENDING THE 1994 -95 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1994 -07 which adopted the 1994 -95 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to make additional expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the 1994 -95 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1994, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1994 and ending September 30, 1995, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council." WHEREAS, it has been determined that such funds are available and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 1994 -95 fiscal year should be amended to allow the expenditures as are set out in Attachment "A ", provided such expenditures are made from the contingency account as set forth in Ordinance 1994 -07 adopting the budget for 1994 -95. 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 amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE �_ DAY OF JULY, A.D., 1995. �� A - �f /-) Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: � L Donna Floyd, dity Secretary City of Nederland, Texas, APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas BUDGET ORDINANCE AMENDMENT - ATTACHMENT A Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -94 in the amount of $22,500.00 and increase line items as detailed below. WATER & SEWER FUND Wastewater Treatment Increase 50 -62 -00 -6111 Overtime $ 10,000.00 Additional funds needed to provide appropriate staffing levels during high flow situations. Overtime is currently required on a regular basis due to plant organization. Increase 50 -62 -00 -6250 Chemical & Laboratory $ 7,500.00 Additional funds are required to provide process control analysis identified by new plant supervisor. Increase 50 -62 -00 -6256 Chemicals & Insecticides $ 5,000.00 Additional cost for polymer for centrifuge. Plant personnel are dewatering more sludge in order to bring the plant into compliance. n 0 1 15 154 COMMUNICATION Andre' Wimer, City Manager, informed the Council that the library has been closed again due to complaints received from patrons regarding the odor. He added that we had the air quality retested and the results confirmed that there are no hazardous odors, but they did recommend that we scrub the floors with a mild detergent and hope that we will be able to reopen this week. IJ SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 7, 1995 MEETING The special 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 Billy W. Doornbos. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Doornbos to approve the minutes of the regular meeting of July 24, 1995 as written. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Ordinance No. 1995 -08, an appropriation ordinance adopting a budget in accordance with Article VII of the City Charter of the City of Nederland. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to approve Ordinance No. 1995 -09, adopting a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1995 and ending September 30, 1996. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, informed the Council that the library has been closed again due to complaints received from patrons regarding the odor. He added that we had the air quality retested and the results confirmed that there are no hazardous odors, but they did recommend that we scrub the floors with a mild detergent and hope that we will be able to reopen this week. IJ Minutes continued, August 7, 1995 1,5,5 ADJOURN There being no further business, the meeting was adjourned at 6:15 p.m. by Mayor LeBlanc. ATTEST: L onna Floyd, City Secretary City of Nederland, Texas D Carl N. LeBlanc, Mayor City of Nederland, Texas 156 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 ,/ Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer / Mike Lovelady Fire Chief Richard Hughes City Attorney / Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Librarian Mayor lkx�hl9. �:LJ City Secretary Date 1 157 ORDINANCE NO. 1995 -08 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, 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, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1, 1995 and ending September 30, 1996, WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On July 24, 1995, a date not less than 3 days nor more than 14 days after notice of the hearing was duly published, said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Four million, seven hundred twenty -one thousand, eight hundred five dollars and no cents ($4,721,805.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 17,242 b. Legal 41,059 ' c. City Manager 220,439 d. Finance 180,337 e. Personnel 134,531 f. City Hall 101,349 g. Police 1,390,157 h. Fire 789,674 i. Fire Volunteers 7,200 O j. Inspections 83,715 k. Public Works Administration 128,881 1. Street Department 739,803 m. City Shop 126,654 n. Parks & Recreation 370,324 o. Library 223,225 p. Other Requirements 167,215 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of one million, five hundred fifty -six thousand, four hundred fifty -nine dollars and no cents ($1,556,459.00) 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, seven hundred ninety -six thousand dollars and no cents ($2,796,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $ 725,056 b. Billing /Collections 269,670 c. Wastewater Treatment 517,797 d. Water & Sewer Distribution 443,935 e. Water & Sewer Line Maintenance 179,163 f. Other Requirements 660,379 158 Section 4 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Nine hundred fifty -five thousand dollars and no cents ($955,000.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5 - EOUIPMENT REPLACEMENT FUND - GENERAL. That there be and is hereby appropriated the sum of Sixty -three thousand dollars and no cents ($63,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 6 - EOUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Fifty -one thousand dollars and no cents ($51,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 7 - CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Two hundred seventy -nine thousand dollars and no cents ($279,000.00) to the Capital Outlay Fund for the payment of necessary capital outlay. Section 8 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Fourteen thousand, five hundred dollars and no cents ($14,500.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 9 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 10 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, one hundred ninety -five thousand, eight hundred dollars and no cents ($1,195,800.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 11 - HOTEL /MOTEL FUND. That there be and is hereby appropriated the sum of Sixty thousand dollars and no cents ($60,000.00) to the Hotel /Motel Fund for the payment of operating expenses. Section 12 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. Section 13 - MID - COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Two hundred eighty -six thousand, seventy -three dollars and no cents ($286,073.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. Section 14 - MID - COUNTY MUNICIPAL LEAGUE SOLID WASTE FUND. That there be and is hereby appropriated the sum of Thirty -nine thousand, eight hundred fifty -five dollars and no cents ($39,855.00) to the Mid - County Municipal League Solid Waste Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 1995 and ending September 30, 1996. THAT the City Council shall meet and adopt an ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. ON. 1 1 r . J 1 THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1995, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1995 and ending September 30, 1996, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. 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 7th DAY OF AUGUST, A.D., 1995. Ca LeBlanc, o Ma ! r Y City of Nederland, Texas ATTEST: LaDOnna Floy , City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: /� Richard D. Hughe , City Attorney City of Nederland, Texas 3 159 1.Cso WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City of Nederland, subject to ad valorem taxes for the tax year 1995, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $462,855,870; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll furnished by Q ORDINANCE NO. 1995 -09 District, at a total value of $462,855,870, shall become the tax O� AN ORDINANCE APPROVING THE TAX ASSESSMENT the amount of $46,532,020. ROLLS FOR THE YEAR 1995, LEVYING AND ASSESSING 1995, and there shall be collected for the use and support of the TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND 1996 upon all property, real, personal, and mixed, within the AND THE MUNICIPAL GOVERNMENT THEREOF; cents ($.70) on each one hundred dollars ($100) valuation of APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; purposes hereinafter set forth: AND PROVIDING FOR THE INTEREST AND SINKING ($100) valuation of property; and FUND. (b) For the Interest & Sinking Fund, 38.5 cents on each one hundred dollars ($100) valuation of property as follows: WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City of Nederland, subject to ad valorem taxes for the tax year 1995, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $462,855,870; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $462,855,870, shall become the tax assessment rolls of the City of Nederland for the year 1995, less all exemptions provided by either State Law or City ordinance in the amount of $46,532,020. SECTION 2: - That there is hereby levied for the current year, ' 1995, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest and sinking funds for the fiscal year ending September 30, 1996 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of seventy cents ($.70) on each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to the specific purposes hereinafter set forth: (a) For the maintenance and support of the general government (General Fund), 31.5 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 38.5 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal on the One hundred twenty -two thousand, four hundred dollars ($122,400.00) Street Improvement Bonds, Series 1967, 4.33°% of each dollar ($1.00) levied on the 1995 Tax Roll. For the purpose of paying interest and principal on the Two hundred fifty thousand, seven hundred dollars ($250,700.00) Permanent Improvement Bonds, Series 1978, 8.86% of each dollar ($1.00) levied on the 1995 Tax Roll. For the purpose of paying interest and principal on the Seven hundred seventy thousand dollars ($770,000.00) Permanent Improvement Bonds, Series 1986, 27.21% of each dollar ($1.00) levied on the 1995 Tax Roll. For the purpose of paying interest and principal on the Two hundred thousand, eight hundred twenty -three dollars ($200,823.00) Permanent Improvement Refunding Bonds, Series 1992, 7.10% of each dollar ($1.00) levied on the 1995 Tax Roll. For the purpose of paying interest and principal on the Two hundred five thousand, four hundred thirty -five dollars ($205,435.00) Certificates of Obligation, Series 1992, 7.26% of each dollar - ($1.00) levied on the 1995 Tax Roll. SECTION 3: - The Jefferson County Tax Assessor - Collector (who, pursuant to contract, is the Tax Assessor - Collector for the City of Nederland) is hereby directed to prepare Tax Statements and proceed with the collections of the 1995 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY1,COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 7th DAY OF AUGUST, A.D., 1994. 1 ATTEST: ^�L D nn Floyd, tity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas r1 a - i (I,o Carl N. LeBlanc, Mayor City of Nederland, Texas 00 161 162 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 14, 1995 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 Kent Walston, Director of Personnel. MINUTES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the minutes of the Special Meeting of August 7, 1995 as written. All Voted Aye. 1 PROCLAMATION Mayor LeBlanc presented a Proclamation to Manager Terry Jeanis and Coach , Karl Landry declaring August 14, 1995 as "Nederland North Major League Girls Softball Team Day" in Nederland, Texas. He then congratulated them on their recent win of the District 32 and Section 3 titles and being a finalist in the State Tournament in Waco, Texas. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:06 p.m. by Mayor LeBlanc for the purpose of receiving public input concerning the designation of a reinvestment zone. Glen Meaux, Water Control & Improvement District No. 10, expressed his thanks to the City for their consideration in designation of a reinvestment zone for the Air Liquide property. James Handley, Water Control & Improvement District No. 10, asked if the City has received all of the necessary information pertaining to the reinvestment zone. He added that the Water District is not prepared to offer a ten (10) year tax abatement, but would consider adopting the County's policy. Mayor LeBlanc stated that the City Attorney is in the process of reviewing the proposed policy and ordinances and the City will take his advice as well as the views of the District 163 Minutes continued, August 14, 1995 PUBLIC HEARING There being no further questions and/or comments the Public Hearing was (CONT.) adjourned and the regular meeting was called back to order at 6:12 p.m. by Mayor LeBlanc. TAX ROLL A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve the appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. CITY SERVICES A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Nagel to award bids received for carpeting and moving of the books at the D. Bob Henson Memorial Library to Carter & Co., Beaumont, TX in the amount of $8,879.00 instead of the low bidder, Porter's Decorating Center, Beaumont, TX due to their not being able to meet bid specifications for delivery. All Voted Aye. PROCLAMATION Mayor LeBlanc presented a Proclamation to Manager Ben Rogers and Coaches Ed Seymour and Lanny Bennett declaring August 14, 1995 as "Mid - County Babe Ruth 17 -18 Year Old All Star Day" in Nederland, Texas. He congratulated them on their recent success in winning the State and Regional titles and wished them good luck in their quest for the World Series title in Trial, British Columbia, Canada. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize payment to KSA Engineers, Inc. in the amount of $2,240.00, Water Plant Construction. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize payment of the bills for the month of July, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:42 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, discuss possible litigation involving Asbestospray Corporation, W.R. Grace & Co. -Conn, and United States Gypsum Company; and, Chapter 551.074, discuss collective bargaining contract between the City and the Nederland Police Officers' Association. 164 Minutes continued, August 14, 1995 RECONVENE The regular meeting was reconvened at 7:06 p.m. by Mayor LeBlanc. He announced that under the personnel item it appears that an agreement is near between the City and the Nederland Police Officers' Association. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the City to join in the class action law suit of Kirbyville Independent School District, et al., Individually, and on Behalf of Texas Political Entities vs. Asbestospray Corporation, et al, contingent upon the City Manager and City Attorney reviewing the employment contract of Dies & Hile, L.L.P. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, informed the Council that Jones & Neuse is working on alternative solutions to the City's wastewater situation and will hopefully be presenting them at the next meeting. Mr. Wimer reported to the Council that APAC, the company which was awarded the street overlay project, has asked the City to move the date forward for beginning the work. He added that due to their request Hill Terrace will have to be moved to the 1996 Street Program because the city staff will not have enough time to properly prepare the surface for overlay. However, the staff will be able to do some leveling of Hill Terrace which will make some improvements until next year. Other streets have been added to ' take the place of Hill Terrace at no change to the bid. The City Manager stated that service awards will be presented at the next regular meeting and an Open House will be held on that date, August 28th, at 5:00 p.m. ADJOURN There being no further business, the meeting was adjourned at 7:17 p.m. by Mayor Carl N. LeBlanc. ATTEST: f XCt n p &� onna Floyd, City Secretary City of Nederland, Texas ar N. f a anc, Mayor City of Nederland, Texas 1 165 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title PrPcPnt A hean+ Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official ✓ Jim Weaver Parks Director Librarian Mayor C:)Jt - -�' City Secretary Date CITY OF NEDERLAND 'PROGRAMMED PROGRESS' O r/ Mid- Jefferson County, Texas G Office oL t L Aqor T I ,rjRlr, .. lamilt-i ':S. %in �// J', l.arC/!/ V. I tl�,-.po/ 11 -U21., ii y virtue/ o/ lie aul%i.oril� ve' l in nur ad IY/cutor o / Ilia C�i1: of &L' &a, ✓exact, J. I...I!t Proclaim Augudl 14, 1995 n ' M M� /7✓�te p C� / /1q c7 c bag tl in Ilia Cily 4 //eclerland, ✓exact, and urge each anJ every lfilizen flour 61Y to n, p t nn recognize and congratu to ilia 1 1 and 12- year -oCr[ rgir?4 dopl6aCC learn loop llieir duccedd during 11te 1995 deadon in winning Me 2idlricll 32 and eclion 3 tilled and l Being a lnnqaLt inn/llie Staple' tournament in Waco, ✓exa.4 ugudt 4, 1995. 19Ljera: - Amaula C..eddac, Vanvma (fro"r, 03rillaing 2—id, -Xiia !green, J�opnnio Za.J,y�,{.��D%[�a -na 1964r, [ly /�rga�/f`�a��o�i�n//fe, C /iri/anlina kainey,/�/Slepkenie /5agotf, ✓� r,ii�C ill,,.., C rrie gdJ.12.de, /{'//o�rg� /aln ogee, ( r7ydtal /{'lorridon will ✓�atie UViC/terdoni l..4: .J(arl —a�gi and Manager: Jerry jeeanid. M p , Jn tedliinoruy. w1wreol, wilnedd nuylumd mid seal 411. l.i.l y 4 / /eclerL d lliid /lie 141[/ slag olAugudt, 1995,-4.2. 1 1 1 t CITY OF NEDERLAND "PROGRAMMED PROGRESS' Mid -Jefferson Connly, Texas Office off't4t Aafar .b. �n J", Curl n. /l/JcCa7nc, 6� virtue o� 1�w aul�iarif� vealed in ma ae /Yla for o�1�w C-1g o/ n.,L,L. , Jexae, do Pr"' L. - Augu „f 14, 1995 -14, "Mid yy.L )V.il, 17 -18- gear- olcl.�JCC tar eUay” in f /,. City o1 V.L,land, ✓...,�nanjurg. eac�i and every Citizen o / oar 61y to recognize and congratulate – /i�CC SiarCplayer,,: � /�)o�eg (/.�akneeaux,, dell aarrher, CC.}o , 03/u// ,, C Int C13�.C1, C.JuuL1/..Jennett, /eC.le/�JUUe C�o/Cl/ine, 'W.,I.y /Cl. .l ey, ✓ ). - bonnell,n).,on eCJuncan, �ord, C�aeon JJorn, /G..J — owragnce, _ ,oy /I'/iguez, 121ianParenl, 5roy A?-Jge —, Jeremy �eynwur, ar/J /Y/—,31,aff Wallerei coacAms: (! d Seymour annd do nny 42ennetti and auumjer: 1 en lCogers A- winnin� /g, I/- Slat. and �eyion/nab�ill., andn/wi ,,lL llLenL good Puclz in their yueel�or 11w Wore[ ..eerie, fill, in 5rial, 03ritieIL C.oLdia, C.cLa. Ale,limonygwliereol,, witne„ myx�lumJ and Seal oll�ie 6fy o� / /ederlmul 11Li, 1 /1e 1414 fag o1 ,4uguef, 1995, -4.2. nn nn � /� n/�nn M/�//�// - (� wl n. "C7po "oLe(/A., lY1ayor Alt.,i: 4/7'C� �5.yJ, �Gly ael.J.nnecrel ary �q o� 167 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:30 p.m. August 28, 1995 MEETING The meeting was called to order at 6:30 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 Lynne Parker, Personnel Clerk. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the minutes of the August 14, 1995 meeting as written. All Voted Aye. COMMENTS Glen Meaux, Jefferson County Water Control & Improvement District No. 10, advised the Council that they are prepared to approve a seven year tax abatement to Air Liquide if the City is going to designate a Reinvestment Zone of the area. Andre' Wimer, City Manager, stated that this item will be placed on the next agenda for consideration. WASTEWATER Bob Johnson, Jones & Neuse, Inc., gave a presentation regarding the proposed TREATMENT alternatives for Wastewater Treatment Facility improvements. Mr. Johnson FACILITY reminded Council that their purpose was to assist the City in determining the most economical and reasonable direction to expand our wastewater treatment capacity. He stated that they have proposed two alternative sites for pumping effluent - the Neches River and Rodair Gully. These will need to be reviewed by the T.N.R.C.C. and prior to the meeting with them on September 6th the City will need to approve a suggested schedule of events and present them with the proposed methods of treatment. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the recommendations submitted by Jones & Neuse and to approve a "suggested schedule of events" regarding the wastewater system improvements. All Voted Aye. 169 Minutes continued, August 28, 1995 PAYMENTS Billy Sims, KSA Engineers, gave an update on the status of the water treatment plant construction. He stated that the project is approximately 61% complete and due to the recent periods of heavy rain Allco is about one month behind schedule. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve payment to ALLCO, Inc. in the amount of $661,873.96, Water Treatment Plant construction. All Voted Aye. WAGE AND Councilman Nagel stated that he does not agree with the length of time it takes POSITION an employee to reach the last step in the salary range. He added that he would CLASSIFICATION prefer to reduce the time to four or five years instead of the current period of PLAN six years. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the Wage and Position Classification Plan contingent upon changing the salary range to seven steps to be obtained within five years. All Voted Aye. APPOINTMENT Andre' Wimer, City Manager, reported to the Council that the City obtained three proposals from audit firms. They were as follow: Lairson, Stephens, Reimer, P.C., Houston, TX - $19,500; Holliday, Lemons, Thomas & Cox, Texarkana, TX - $19,000; and, Charles E. Reed & Associates, Port Arthur, TX - $18,000. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to appoint Charles E. Reed & Associates, Port Arthur, TX, as the auditing firm to perform the City's annual audit for fiscal year 1994 -1995. All Voted Aye. CONTRACT A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve a contract with T &N Laboratories & Engineering, Inc., Beaumont, TX, for inspection and testing services associated with the asphalt overlay project. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Resolution 1995 -08, authorizing the City of Nederland to participate in the State of Texas Cooperative Purchasing Program. All Voted Aye. 170 Minutes continued, August 28,1 995 PURCHASE A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve the purchase of a copier for City Hall through the State of Texas Cooperative Purchasing Program. All Voted Aye. COMMUNICATION Richard Hughes, City Attorney, reported to the Council that he had checked the attorney fee schedule for the class action suit of Kirbyville Independent School District, et.al., vs. Asbestospray Corporation, et al, which was approved at the last meeting and he is satisfied with the fee arrangement. Andre' Wimer, City Manager, reported that Sun Oil Company and Unocal has donated $8,000 worth of equipment and training to the Nederland Fire Department in order for the fire department to establish a high angle rescue team. Mr. Wimer informed the Council that installation of the new carpet at the library was begun today and will hopefully re -open next week. The City Manager also reported that it is once again time to cast our votes for a board member for the Jefferson County Appraisal District. It was the consensus of the Council that we vote for Charles Lankford. Mr. Wimer stated that he would contact Mr. Lankford and place this item on the next I agenda. Mr. Wimer stated that the pool had to be closed this past weekend due to a problem with a valve which adds chemicals to the pool. He added that the situation is being studied to determine if repairs can be made in order to re- open. Cheryl Dowden, City Treasurer, paid the Mayor and Council their annual salary of $1.00, and presented each with a copy of the 1995 -1996 budget. ADJOURN There being no further business, the meeting was adjourned at 8:20 p.m. by Mayor Carl N. LeBlanc. d'art-N. e anc, Mayor City of Nederland, Texas ATTEST: l 9. LaDonna Floyd, City Secretary City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 ✓ Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief I/ Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Librarian Mayor T Y Secretary Date 171 172 100moo STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND RESOLUTION 1995 -08 TO THE GENERAL SERVICES COMMISSION WHEREAS, the City Council of the City of Nederland, a Political Subdivision of Texas, pursuant to the authority granted by Sections 271.081- 271.083 Local Government Code, V.T.C.A., as amended, and Section 3.04 of the General Services Act (Article 601b, V.T.C.S.), desires to participate in described purchasing programs of the General Services Commission, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized; now, therefore, be it RESOLVED, that we request the General Services Commission to include its stated need on the Commission's term contracts and scheduled purchases, whereby the City Manager, is authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Nederland, and we acknowledge obligation to pay participation fees established by the Commission. Passed by the City Council on this _QL_ day of 0c(�,c c ± 1995. CITY OF NEDERLAND 0 Carl N. LeBlanc, Mayor ATTEST: Mih n. flip( LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CiYy Attorney U 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 11, 1995 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 Nagel and seconded by Mayor LeBlanc to approve the minutes of the August 28, 1995 meeting as written. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Resolution 1995 -09 nominating Charles Lankford as a candidate for the Board of Directors of the Jefferson County Appraisal District. All Voted Aye. AGREEMENT AND A motion was made by Mayor LeBlanc and seconded by Councilman ORDINANCE Doombos to postpone approving an "in lieu of tax" agreement between the City of Nederland and Air Liquide and an ordinance declaring certain property in the city's extraterritorial jurisdiction as a reinvestment zone. All Voted Aye. ENGINEERING Andre' Wimer, City Manager, informed the Council that it has now become SERVICES necessary for the City of Nederland to obtain engineering services for the wastewater treatment plant permit renewal and expansion. Two area firms, Schaumburg & Polk and Jones and Neuse have expressed a desire to represent the City in this undertaking. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to refer the engineering services proposals to the City Manager and staff for recommendation. All Voted Aye. 173 V74 4 Minutes continued, September 11, 1995 PAYMENTS A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to authorize payment of the bills for the month of August, 1995. All Voted Aye, EXECUTIVE The regular meeting was recessed and an Executive Session was called to SESSION order by Mayor Carl N. LeBlanc at 6:24 p.m. as authorized by Texas Government Code, Chapter 551.071, discuss pending litigation; and, Chapter 551.074, to discuss collective bargaining contract for the police department. RECONVENE The regular meeting was reconvened at 6:55 p.m. by Mayor LeBlanc. He announced that the litigation item was held for informational purposes only. CONTRACT A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve a contract between the City of Nederland and the Nederland Police Officers' Association contingent upon review and approval by the City Attorney. All Voted Aye. COMMUNICATION Andre' Wimer, City Manager, updated the Council on the TNRCC meeting held in Austin last week. The Commission did approve the ' agreed order in the same form that Council approved in June, that being the $10,000 fine with $46,000 being deferred. We are now awaiting receipt of the signed document from them. Mr. Wimer added that at this point we would be in a position to submit the information regarding the various technical requirements contained within the documents. ADJOURN There being no further business, the meeting was adjourned at 7:04 p.m. by Mayor LeBlanc. r��A Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST-. _,��C/�_� r� LaDonna Floyd, City ecretary City of Nederland, Texas 175 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official i/ Jim Weaver Parks Director Librarian q —rc•RS Date 1"76 THE STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND RESOLUTION NO. 1995 -09 5 5 WHEREAS, the City Council of the City of Nederland, Texas, at it regularly scheduled meeting September 11, 1995, 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 for a two -year term to expire December 31, 1997. 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, 1995 in accordance with said Statute. PASSED this ll-rh. day of ��Z�r l n , 1995. CARL N. LEBLANC Mayor ROBERT SAWYER Councilman, Ward I �/ MIKE RADCLIFF Councilman, Ward III ATTEST: LGrirnn n. ^� LaDonna Floyd City Secretary APPROVED AS TO FORM AND LEGALITY: Rich. Hughes City Attorney HOMER E. NAGEL Councilman, Ward II BILLY W. DOORNBOS Mayor ProTem, Ward IV i1 1 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 25, 1995 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 Billy W. Doornbos. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve the minutes of the September 11, 1995 meeting as written. All Voted Aye. REINVESTMENT Richard Hughes, City Attorney, addressed the Council relative to the City's ZONE industrial district agreement with Air Liquide, as well as a request to designate their property as a reinvestment zone. Mr. Hughes stated that if only Air Liquide's property were designated a reinvestment zone it would cause a conflict with our industrial district agreement. He added that he is of the opinion that the reinvestment zone would need to be enlarged in order for the City to be able to renew the "in lieu" of tax agreement which is a promise by the City to not annex their property. Mr. Hughes informed the Council that we will not be able to designate the reinvestment zone until such time that we conduct another public hearing to include the expansion area. The Council was agreeable to expand the area to the drainage ditch near the DuPont Credit Union property. John Bankin, Air Liquide, stated that they would be willing to assist the City in any matter in order to expedite the approval of the zone. He added that they will obtain the metes and bounds of the expansion area for the City so that it can be included in the Public Hearing Notice which is required to be published prior to the meeting. WASTEWATER Andre Wimer, City Manager, informed the Council that he and staff are TREATMENT recommending Schaumburg and Polk as the engineering firm to provide PLANT engineering services for the Wastewater Treatment Plant improvements. 177 1 '7 8 Minutes continued, September 25, 1995 A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve the City Manager and staffs recommendation to select Schaumburg and Polk as the engineering firm for services in connection with the Wastewater Treatment Plant improvements subject to approval of the contract. All Voted Aye. PARKS AND Jim Weaver, Parks and Recreation Director, addressed the Council relative RECREATION to proposed fee structures for the recreational facilities and a computer software program. Mr. Weaver expressed the need for improvements to the parks and recreation facilities and feels that if a fee schedule were adopted in order to allow non - residents to participate for a small fee this would perhaps provide additional funds for maintenance. He also stated that he would like to purchase a software program to issue bar coded membership cards, as well as maintain due dates for non - resident fees. Mr. Wimer stated that this fee structure will be presented to Council in the near future in the form of an ordinance for their consideration. RESOLUTION A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve Resolution 1995 -10, endorsing and supporting the principle of fair and open housing. All Voted Aye. ' ORDINANCE A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Ordinance No. 1995 -10, declaring certain utility accounts as uncollectible. All Voted Aye. BUDGET A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to approve amendments to the 1994 -1995 budget (see attached). All Voted Aye. STREETS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize the closing of 14th Street from Boston Avenue to the alley behind the Fire Station on October 9, 1995 from 6:00 p.m. to 9:00 p.m. for Fire Prevention Week activities. All Voted Aye. WATER Billy Sims, KSA Engineers, explained to Council the decrease in the contract TREATMENT with Allco, Inc. in the amount of $38,001.28 necessitates the need for approval of a change order. Minutes continued, September 25, 1995 A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve Change Order No. 1 in the amount of - $38,001.28 with Allco, Inc., Water Treatment Plant construction. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment to Allco, Inc. in the amount of $303,992.36 for Pay Request No. 12, Water Treatment Plant construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:26 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, to receive an update on pending litigation. RECONVENE The regular meeting was reconvened at 7:57 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only. CITY MANAGER Andr6 Wimer, City Manager, informed Council that staff is in the process of REPORT finalizing the Wage and Salary Classification Plan and reducing the pay steps ' as desired by Council. Mr. Wimer added that he has been reviewing the proposed amendment to Ordinance No. 147 and would like to conduct a work session in October with Council. ADJOURN There being no further business, the meeting was adjourned at 8:08 p.m. by Mayor LeBlanc. Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: rte° I onna Floyd, City ecretary City of Nederland, Texas 179 180 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 1/ Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief Cheryl Dowden City Treasurer j Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director / Steve Hamilton Public Works Dir. Rod Hatch Building Official 1/ Jim Weaver Parks Director 1/ Librarian -8,w !/ Mayor Date 1 1 I • RESOLUTION 1995 -10 A RESOLUTION ENDORSING AND SUPPORTING THE PRINCIPLE OF FAIR AND OPEN HOUSING AS SET FORTH IN TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 WHEREAS, adequate housing is a necessary ingredient to the maintenance of the standard of living in this country; and WHEREAS, it is important that every human being have access to adequate housing of his choice and economic means; and WHEREAS, it is beneficial to the social and economic welfare of the entire country that every person have access to adequate housing, and WHEREAS, the law of the land is that no citizen can be denied access to housing of his choice because of race, color, religion, or national origin, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That this City Council endorses and supports the principle of fair and open housing; as set forth in Title VIII of the Civil Rights Act of 1968, and the right of every person to have access to adequate housing of his own choice without regard to race, color, religion, or national origin, and SECTION 2. That this City Council encourages all citizens to respect and support the law ' of the land in regard to the right of every person to have access to adequate housing of his own choice; and SECTION 3. That this City Council encourages all citizens to undertake voluntary actions to foster racial harmony, including individual and group decisions to promote fair and open housing, and individual commitment to avoid discrimination in all sale, all rental of property, and SECTION 4. That this City Council will encourage local newspapers and owners of housing to comply with HUD Advertising Guidelines; and SECTION 5. That this City Council will maintain cooperation with fair housing groups, human relations bodies and other social, civil and religious groups interested in facilitating open communities. PASSED AND APPROVED this the day of "erti� 0 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Se retary vv� City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney City of Nederland, Texas 182 ORDINANCE NO. 1995 -10 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $10,549.32 AS SHOWN IN EXHIBIT "A" FOR THE YEAR ENDED 9 -30 -95 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing /Collecting Department are hereby corrected to reflect the following charge -offs for fiscal year 1994 -95 in the amount of $10,549.32 as set forth in Attachment "A." Section 2. Charge -offs affected by this ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -30 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE o)S %:!k day of , A.D., 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: n, LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas Attachment "A" City of Nederland Accounts to be written off Account Number Amount 1 -02- 02550 -00 $ 373.23 1- 03- 00180 -00 274.91 1 -03- 00390 -00 185.25 1 -03- 00650 -00 18.36 1 -03- 00870 -00 214.98 1 -03- 00870 -01 91,75 1 -03- 01460 -00 147.25 1 -03- 02300 -00 263.57 1- 03- 02710 -00 96.91 1 -04- 00070 -00 6.62 1 -04- 00790 -00 31.30 1- 04- 01560 -00 195.01 1 -04- 01570 -00 235.90 1 -04- 01630 -00 250.74 1 -05- 01810 -00 114.09 1 -05- 03360 -00 207.65 1 -05- 03360 -02 130.39 1 -06- 00490 -00 5377 ' 1 -06- 01760 -00 38.20 1 -06- 02220 -00 185.35 1 -06- 02490 -00 65.33 1 -06- 02600 -00 207.12 2- 10- 01120 -00 145.77 2 -10- 01130 -00 20.16 2- 12- 00170 -00 241.96 2 -12- 00860 -00 229.38 2 -12- 01550 -00 172.38 2 -12- 01550 -01 35.65 2 -12- 01740 -00 34.26 3 -13- 00290 -00 67.90 3- 13- 00770 -00 162.63 3- 13- 01790 -00 133.90 3 -13- 01970 -01 66,61 3 -13- 02100 -00 19.06 3 -14- 00680 -00 62.06 3 -14- 01430 -00 26792 3- 14- 01460 -00 264.47 3 -14- 02120 -00 229.94 3 -15- 01190 -00 26.95 3 -15- 01620 -00 21.70 3 -15- 02620 -00 149.56 3 -15- 02860 -00 90.87 3 -16- 00800 -00 51.48 3- 16- 01500 -01 47.77 3 -16- 02210 -00 137.95 3 -16- 02440 -00 164.09 3 -16- 02580 -00 234.97 3- 16- 02700 -00 264.13 �q Q 183 154 3 -17- 00110 -00 138.26 3 -17- 00710 -00 84.72 3 -17- 00720 -00 21.29 3 -17- 00980 -00 347.84 3 -17- 01230 -00 255.11 3 -17- 01230 -01 416.65 3 -17- 01600 -00 145.51 3 -17- 01920 -00 90.75 3 -18- 00700 -00 200.00 3 -18- 00700 -01 111.65 3 -18- 02450 -00 373.52 4 -19- 00280 -00 175.49 4 -19- 00300 -00 183.61 4 -19- 00710 -00 70.86 4- 19- 01010 -00 41.39 4- 19- 01450 -00 238.70 4- 19- 01470 -01 135.76 4 -19- 01930 -00 227.90 4 -20- 01450 -00 39.21 4- 21- 02530 -00 230.38 4 -21- 02740 -00 129.28 4- 23- 01090 -00 160.25 TOTAL 10,549.32 Attachment "M � 7 1 1 185 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 9, 1995 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 Billy W. Doornbos. MINUTES A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to approve the minutes of the September 25, 1995 meeting as written. All Voted Aye. ' COMMENTS Dianne Norris, 1208 South 36th Street, addressed the Council relative to drainage and water problems on her street. Andr6 Wimer, City Manager, informed the Council that the water line is scheduled to be replaced in approximately 3 -4 weeks. Mr. Bailey, 1212 South 36th Street, also stated that after a heavy rain the drainage is very slow. The Council informed the citizens in attendance that they would contact the Texas Department of Transportation to determine if the drain pipe under Hwy. 69 is stopped up. They also stated that they will continue to try to find a solution to the problems in that area. Harry Wright, City Attorney for the City of Port Neches, addressed the Council on the formation of the Coalition of Cities and Counties. He stated that the objective of the Coalition is to combine efforts to keep cities and counties united in one group; and, to act on behalf of ratepayers before the Public Utility Commission concerning rates charged by utility companies which may have franchise agreements with cities and/or counties. The Coalition will elect a board of directors who will see that all entities are kept informed of any changes in rates, services, etc. Each entity will be asked to adopt a Resolution as a participant in the Coalition as well as pay an annual fee based on population. M-6 Minutes continued, October 9, 1995 After a discussion it was decided that this matter should be discussed at the next Mid County Municipal League meeting prior to any decisions to join are made. CONTRACT A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve a contract with Schaumburg and Polk, Inc. for professional engineering services for the Wastewater Treatment Plant and collection system upgrades. All Voted Aye. WASTEWATER A motion was made by Councilman Doornbos and seconded by Mayor TREATMENT LeBlanc to approve the purchase of a turntable bearing for the trickling filter PLANT at the Wastewater Treatment Plant. All Voted Aye. AGREEMENT A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to approve an agreement with Don S. Reichle & Associates for inspection of water storage tanks (Phase 0) in the amount of $9,250.00. All Voted Aye. BIDS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize advertisement of bids to be received for janitorial I services for the City Office Building, Police Department, and once per week at the Recreation Center. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to award bids received for water and wastewater inventory items to Golden Triangle Pipe in the amount of $70,893.25; and, for the following chemicals: liquid sodium hydrozide to Coastal Products & Chemicals, Houston, TX - $319 /ton; liquid chlorine to Jones Chemical, Inc., Houston, TX - $0.20/lb or $400.00 /ton cylinder; 25% hydrofluosilicic to Skyhawk Chemicals, Houston, TX - 4000 gallon tanker - $0.0897/lb; granular chlorine to DX Distributors, Inc., Houston, TX - $1.05/lb; anhydrous ammonia to LaRoche Industries, Houston, TX - $0.27/lb; 50/50 blend of caustic to DX Distributors, Inc., Houston, TX - $230.40 /ton as is; and, ammonium bisulfite to ChemComm, Inc., Houston, TX - $0.085/lb. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to KSA Engineers, Inc. in the amount of $1,680.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. • Minutes continued, October 9, 1995 A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment of the bills for the month of September, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:57 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by the Texas Government Code, Chapter 551.071, to discuss pending litigation. RECONVENE The regular meeting was reconvened at 7:27 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only. CITY MANAGER Andre Wimer, City Manager, informed the Council that he received a letter REPORT from Mid- Jefferson Hospital and Park Place Medical Center inviting the City to participate in a nationwide study called Take Heart. The program will provide to employees screening every six months for five years to determine risk factors for heart attack. The test will focus on cholesterol, blood pressure, diabetes, smoking and weight. Mr. Wimer added that the cost of each test will be $10.00 and he would like to see the City fund the study for the employees who wish to participate. It was the consensus of the Council that this would be a good program for the City to become involved with. Mr. Wimer informed the Council that twice a month trash collection will begin November 1 st. The City Manager reported that a Public Hearing on the proposed reinvestment zone will be conducted at the next regular meeting. The industrial agreement between the City and Air Liquide will also be on the agenda for consideration at the same meeting. Mr. Wimer added that Jim Weaver, Parks and Recreation Director, will be providing a free concert in Doombos Park on October 21 st from 3:30 p.m. to 7:00 p.m. with entertainment being provided by local musicians. If this is successful there will be additional concerts and he will publicize them as "People in the Park ". Mr. Wimer stated that he would like to conduct a Work Session on Ordinance No. 147, Personnel Policy, on Thursday, October 19th, at 6:00 p.m. Councilman Doornbos stated that he would like to have the November Council Meeting dates changed back to the second and fourth Monday. Minutes continued, October 9, 1995 ADJOURN There being no further business, the meeting was adjourned at 7:42 p.m. by Mayor Carl N. LeBlanc. Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas t 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 V", Homer E. Nagel Councilman Ward 2 ✓ Mike Radcliff Councilman Ward 3 ✓ Billy W. Doornbos Councilman Ward 4 ,✓ Andre' Wimer City Manager ✓ LaDonna Floyd City Secretary i✓ Billy Neal Police Chief Cheryl Dowden City Treasurer V-1, Mike Lovelady Fire Chief ✓ Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. ✓ Rod Hatch Building Official Jim Weaver Parks Director Librarian ✓ �AAt-- Mayor City Secretary ID -4 -01,S;- Date 190 r7 (O ENGINEERING SERVICES AGREEMENT U V THIS AGREEMENT made this 31 day of October , 199,L by and between CITY OF NEDERLAND acting herein by and through its CITY MANIA �1ER who is duly authorized so to act and in behalf of said CITY OF NEDERLAND, hereinafter called the CLIENT, and Don S. Reichle & Associates, hereinafter called the ENGINEER, a consulting engineering firm whose principals are professional engineers licensed to practice in the State of Texas. WHEREAS, the CLIENT desires to employ an ENGINEER to furnish engineering services for the CLIENT'S project consisting of WATER TANK EVALUATION & REHABIL•ITATION ENGINEERING SERVICES. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated Feb. 27. 192,2, signed by Ranc: Reichle the terms and conditions of said proposal, including fees, are satisfactory to the CLIENT. THE ENGINEER agrees to carry out and perform the services herein agreed to in a professional and competent manner. The :,TGINEER shall be solely responsible for the safety of himself, his employees, and other persons, as well as for the protection of the safety of his property or the property of any other persons; as a result of his operations under this Agreement. The ENGINEER shall protect, defend, indemnify, and hold the CLIENT harmless from and against any : all claims, losses, damages, causes of a. tion, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work under this Agreement. The El. GINEER shall secure and maintain insurance sufficient to protect him from claims under the Worker's Compensation Act in the amounts required by law. Commercial General Liability amounts, ' including comprehensive form, premises, operations, independent contractors, blanket personal injury liability, underground explosion and collapse, contractual, broad form property damage, personal injury, and comprehensive general liability, shall be $1,000,000 per occurrence. Automobile Liability amounts shall be $300,000 per person, $500,000 per occurrence and $50,000 per occurrence for property damage. NOW, THEREFORE, THIS AGREEMENT YVITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the ENGINEER shall furnish engineering services and the CLIENT shall make payment for same in accordance with the terms and conditions set forth in above said proposal, which said proposal is attached hereto, and is hereby made a part hereof. IN WITNESS WHEREOF, the parties to those presents have hereunto caused these presents to be executed in duplicate the day and year first above mentioned. ATTEST: CITY OF NEDERLAND For (Cli t)/� By Mayor Title ATTEST: C Q Steph iie GallagherC f DON S. REICHL.E & ASSOCIATES For ngineer) o Pa E. By ; _ ENERAL MANAGER Title 1 1 1 ADDENDUM O� ENGINEERING SERVICES AGREEMENT This agreement refers solely to the performance of a Phase O Study for each of the CLIENT'S six (6) water storage facilities. The accomplishment of all Phase O work will be completed within a 90 calendar day period beginning not later than November 6, 1995 and ending not later than February 6, 1996. Upon acceptance of these provisions, the Engineering Services Agreement and this addendum will constitute the entire agreement. ATTEST: ATTEST: STEPHANIE S. GALLAGHER NOTARY PUBLIC State of Texas Comm. Exp. 05 -10 -98 CITY OF NEDERLAND Title: Mayor DON S. REICHLE & ASSOCIATES By: Title: P✓ 4, i Pct" M V . 191 192 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 23, 1995 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 Richard Hughes, City Attorney. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the October 9, 1995 meeting as written. All Voted Aye. AGREEMENT An industrial agreement between the City and Air Liquide, as prepared by Mr. Hughes, City Attorney, was presented to Council for their consideration. Patsy Casaretto, representing Air Liquide, stated that they are prepared to sign the agreement as soon as the reinvestment zone is declared. Mr. Hughes stated that he would advise the Council to approve the agreement and all the necessary documentation for the reinvestment zone contingent upon Air Liquide's approval of the industrial district agreement as presented to them by the City. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an industrial district agreement between the City of Nederland and Air Liquide. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:07 p.m. by Mayor LeBlanc for the purpose of receiving public input concerning the designation of a reinvestment zone outside the city limits but within the extraterritorial jurisdiction. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was called back to order at 6 :08 p.m. 193 Minutes continued, October 23, 1995 RESOLUTION A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve Resolution No. 1995 -11, declaring that the City of Nederland is eligible to participate in offering tax abatement under the Property Redevelopment and Tax Abatement Act, as amended, contingent upon the consummation of the industrial district agreement between the City and Air Liquide, and declaring the effective date the same as the date of the agreement. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Resolution 1995 -12, setting Guidelines and Criteria for Reinvestment Zone No. One contingent upon the consummation of the industrial district agreement between the City and Air Liquide, and declaring the effective date the same as the date of the agreement. All Voted Aye. ORDINANCE A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve Ordinance No. 1995 -11, designating certain property in the city's extraterritorial jurisdiction as a reinvestment zone contingent upon the consummation of the industrial district agreement between the City and Air Liquide, and declaring the effective date the same as the date of the agreement. All Voted Aye. ' A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to approve an Amendment to Ordinance No. 164, setting regular council meeting dates. All Voted Aye. LICENSE TO A motion was made by Mayor LeBlanc and seconded by Councilman Nagel ENCROACH to authorize the City Manager to sign a License to Encroach with Herbert Wukasch, 416 Carriage Lane. All Voted Aye. REPLAT A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve the replat of Lots 5 & 6, Block 13, Johnson Addition as recommended by the Planning and Zoning Commission. All Voted Aye. RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Resolution 1995 -13, casting votes for Charles Lankford to the Jefferson County Appraisal District Board of Directors. All Voted Aye. SOUTHWESTERN A motion was made by Councilman Doornbos and seconded by Mayor BELL LeBlanc to select the Limited Conversion Feature for the discount certificates obtained in the Southwestern Bell Telephone class action settlement. All Voted Aye. 194 Minutes continued, October 23, 1995 BIDSIPROPOSALS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to accept a proposal from Municipal Code Corporation in the amount of $5,550.00 to index the City's minutes for the years 1951 -1960. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize advertisement of bids for two (2) police cars. All Voted Aye. A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to authorize advertisement of bids for one (1) pickup truck for the Fire Department. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to authorize advertisement of bids for one (1) pickup truck for the Parks Department. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to authorize advertisement of bids for a vertical sand filter for the swimming pool at Doornbos Park. All Voted Aye. EXECUTIVE Due to no new information the Executive Session was not necessary. SESSION I CITY MANAGER Andre Wimer, City Manager, reported that the free concert at Doornbos Park REPORT last Saturday afternoon appeared to be quite successful. Mr. Wimer informed Council that staff is continuing to study the drainage problems on South 36th Street. Mr. Wimer also informed Council that a Work Session will be held Monday, October 30th at 6:00 p.m. for the purpose of discussing Ordinance No. 147, Personnel Policy. ADJOURN There being no further business the meeting was adjourned at 6:48 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: 2 a L D onna Floyd, qty Secretary City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward I Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief v/ Cheryl Dowden City Treasurer ✓ Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Librarian Mayor City Secretary () - 023 -95 Date 195 196 \ AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR i COUNCIL MEETINGS TO BE HELD FROM NOVEMBER 13, 1995 THROUGH APRIL 22, 1996 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY C OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meetings of the City k Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each ofthe following dates: t November 13 } November 27 { December 11 December 18 C'1( t) , January 8 �J �7 January 22 February 12 February 26 March 1 I March 25 April 8 April 22 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. j PASSED AND APPROVED by the City Council at a regular meeting this the 23rd day of October, 1995. Carl N. LeBlanc, Mayor } City of Nederland, Texas ATTEST: nR CAW LaDorma Floyd, City Secretary City of Nederland, Texas i APPROVED AS TO FORM AND LEGALITY: i Richard D. Hughes, G ty Attorney i City of Nederland, Texas i i t { 1 1 1 197 CITY OF NEDERLAND RESOLUTION NO. 1995 -13 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 to I Robert Lott Fred Mitchell Ed Moore O C. L. Sherman So RESOLVED, this the Qa day of , 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: a onna Floyd, City ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: PR Richard D. Hughes, Cify Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 13, 1995 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 Kent Walston, Director of Personnel. INTRODUCTION Mayor LeBlanc introduced Victoria Mehn, the new librarian for the D. Bob Henson Memorial Library. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the October 23, 1995 meeting as written. I All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:01 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, discuss pending litigation. RECONVENE The regular meeting was reconvened at 6:33 p.m. by Mayor LeBlanc. He turned to Richard Hughes, City Attorney, for recommendation of the proposed settlement in the litigation discussed. Mr. Hughes stated that the Council might wish to take action on the litigation discussed in Executive Session and consider adopting the settlement that was recommended by insurance counsel, which would be a settlement of the entire litigation and all facets of litigation in the Osborne Wilson lawsuit. The insurance carrier for the City will pay a total sum of $30,000, to include all claims and Mr. Wilson's attorney fees, with the condition that Mr. Wilson is hired as a new employee at the Labor One level on January 1, 1996. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve the recommendation of the City Attorney to settle the Osborne Wilson lawsuit with the city's insurance carrier paying a total sum of $30,000, to include all claims and attorney fees of Mr. Wilson, and to hire him as a Labor One employee on January 1, 1996. All Voted Aye. 19 Minutes continued, November 13, 1995 RESOLUTIONS & Andre Wimer, City Manager, reminded Council that the Resolutions and ORDINANCE Ordinance pertaining to the reinvestment zone are back on the agenda for further clarification in the hopes that the industrial district agreement with Air Liquide would have been signed by this time. He added that due to the agreement not being approved by Air Liquide these items should be postponed until the documents are signed. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to postpone final approval of Resolution 1995 -11, Resolution 1995 -12, and Ordinance No. 1995 -11, all of which pertain to the proposed reinvestment zone and direct the City Attorney to place these back on a future agenda for possible rescission or approval. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Ordinance No. 1995 -12, providing for foundation repair requirements. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to refer Ordinance No. 1995 -13, and supporting documents, for granting an easement to Gulf States Utilities to provide overhead electrical service to the old landfill site back to the City Manager and City Attorney for ' further negotiations with GSU for more clarity in the documents. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to postpone approval of an Amendment to Ordinance No. 147, personnel policy. All Voted Aye. TAX ROLL A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to approve Resolution 1995 -13, approving the 1995 tax roll as certified by the Jefferson County Tax Office. All Voted Aye. ECONOMIC Andre Wimer, City Manager, informed Council that the previous resolution DEVELOPMENT adopted in March, 1995, creating the Economic Development Corporation had CORPORATION apparently had an error in one section. He added that the language was for a 4A corporation and the City of Nederland approved the 4B sales tax increase, therefore, the resolution needs to be amended to reflect the correct section. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to approve Resolution 1995 -14, amending a previous resolution creating an Economic Development Corporation, establishing a board of directors, and setting forth rules for the operation of the corporation. All Voted Aye. Minutes continued, November 13, 1995 CITY OFFICE A discussion was held on the need for roof and heating and air conditioning BUILDING repairs to City Hall. The City Manager reported that several leaks have occurred during heavy rains. He also added that the heating and air conditioning system is the original system installed when City Hall was constructed and recently has been requiring numerous repairs. Steve Hamilton, Director of Public Works, submitted a proposal from Neches Engineers in which they state the approximate cost for engineering services and roof replacement for the City Hall portion of the city office building would be $50,000. Mr. Hamilton also received an estimate of $25,000 for replacement of the heating and air conditioning system for City Hall. Mr. Wimer stated that approximately $50,000 was budgeted in the current budget for replacing the air conditioning system and relocating it to the ground, but due to Councils request that the system remain on the roof the cost was reduced significantly. He added that the purpose of this discussion was to provide Council with further information. Mr. Wimer would like to seek out persons and/or firms to solicit more information and report back to Council for consideration. BIDS/PROPOSALS Andre Wimer, City Manager, and Kent Walston, Director of Public Works, are recommending bids for janitorial services be awarded to the low bidder, Southeast Texas Building Services. A motion was made by Councilman Nagel and seconded by Mayor LeBlanc ' to award bids received for janitorial services for City Hall, the Library, and the Recreation Center to Southeast Texas Building Services in the amount of $16,440.00 /year. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to authorize payment to KSA Engineers, Inc. in the amount of $1,120.00 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize payment to ALLCO, Inc. in the amount of $149,893.42 for Pay Request No. 13, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to authorize payment of the bills for the month of October, 1995. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:34 p.m. by Mayor LeBlanc to continue SESSION the Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition of property, and Chapter 551.074, discuss personnel - City Manager. 201 Minutes continued, November 13, 1995 RECONVENE The regular meeting was reconvened at 8:04 p.m. by Mayor LeBlanc. He announced that the personnel item was for informational purposes only. Andr6 Wimer, City Manager, reported that Mr. Ed Hughes has offered to donate a facility to the City of Nederland to be used as a new library. The building is located on the corner of 27th Street and Nederland Avenue (formerly LeBaron Furniture). He added that there are several options being explored for funding the renovation costs. With Council's concurrence we will begin the process of initiating this project. He also expressed his thanks to Mr. Hughes for the donation of this building which will more than triple the space of the current facility. Mayor LeBlanc, on behalf of the City, added his thanks to Mr. Hughes for the donation, which will be a tremendous asset. CITY MANAGER The City Manager reported that he has received the signed agreement from REPORT Don Reichle and it does allow for a 90 day time period to receive the inspection report. Mr. Wimer stated that he would like to place the dumpsters used during the Christmas holidays inside the fenced area at the Warehouse and station an employee at the gate to verify residency prior to being allowed to dump trash. He added that this should eliminate some of the problems with overflowing containers as has been the case in the past. Mr. Wimer stated that he would like to have the area staffed from 12 noon until 5:00 p.m. on December 25th and 26th, and 7:00 a.m. until 5:00 p.m. on December 27th, 28th, and 29th. After a discussion it was decided that the dumpsters will be placed at the Warehouse on December 25th and 26th and additional dumpsters will be placed behind City Hall for the remainder of the week - December 27th, 28th, and 29th. ADJOURN There being no further business the meeting was adjourned at 8:18 p.m. by Mayor LeBlanc. K?" - / /v C N. e 1 c, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 202 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Billy Neal Police Chief V/ Cheryl Dowden City Treasurer Mike Lovelady Fire Chief Richard Hughes City Attorney Kent Walston Personnel Director Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director (u,cto";C, weh, Librarian V-,*' Mayor /I - Q -9S Date 1 1 203 ORDINANCE NO. 1995 -12 ENTITLED AN ORDINANCE AMENDING CHAPTER 18 SECTION 18 -26, SECTION 18 -27 AND SECTION 18 -28 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND; PROVIDING FOR FOUNDATION REPAIR REQUIREMENTS, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: Pertaining to foundation repairs, Section 1815, 1815.1, 1815.2, and 1815.3 are hereby added as amendments to read as follows: SECTION 1815. FOUNDATION REPAIR SECTION 1815.1. GENERAL 0,�4 1. Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the City of Nederland to operate as a Building Contractor, or Foundation Repair Contractor, within the corporate limits of the City of -� Nederland. 2. A permit for each Foundation Repair project must be obtained from the Building Official prior to beginning any actual repair work. The fee shall be as that established by the City of Nederland in accordance with current fee schedules. 3. A permit will be issued to the Foundation Repair Contractor, upon approval by the Building Official of documents (in 3 copies) submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. c. A copy of the proposal to the property owner, with the owner's signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the Building Official, shall be maintained at the jobsite for review by the City Building Inspector. e. Prior to placement of any concrete, the contractor shall arrange for a jobsite inspection by the Building Inspector. 204 coo PW SECTION 1815.2. MINIMUM STANDARDS — REINFORCED CONCRETE FOUNDATION 1. Holes in earth for foundation piers and footings must be free of standing water, loose dirt, or other deleterious matter, prior to placement of concrete. 2. Each drilled shaft /(footing) must have as a minimum an 18" diameter shaft, or a 12" diameter shaft with an 18" diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas registered professional engineer. 3. Minimum sized shafts /(footings) shall have a maximum spacing of 8' -0" for single story, and 6' -0" for two story structures. A minimum of two footing diameters clearance shall be maintained between footings. 4. Shafts /footings shall be founded at a minimum depth of 8' -0" and bearing on a firm soil of constant moisture content. 5. Each footing /shaft will have a maximum angle of 15 degrees from vertical. 6. Each shaft will contain a minimum of three (3) #5 —A36 reinforcing bars for the full depth of the shaft. 7. Each shaft (footing) must have a minimum of five (5) days concrete (min. 2500 psi @ 28 days) curing time before imposing jacking loads. 8. A solid concrete block, or poured in place concrete (min. 2500 psi @ 28 days) must be used to transfer the building load to the footing after jacking. 9. Minimum size (3 "x6 "xl /4 ") steel shims set in two rows, a maximum of three (3) inches high may be used to transfer the load to the solid concrete blocks. 10. Backfill of the excavation may consist of excavated material or low p.i. (10 -20) clay compacted to existing adjacent conditions. Sand backfill will NOT be permitted except for the top six inches (6 ") which may be used to level the grade. SECTION 1815.3. MINIMUM STANDARDS — HOUSE ON PIERS 1. Minimum size concrete footing pads shall be 16 "x16 "x4" solid concrete with solid concrete block piers. 2. Maximum height of shims shall be one and one half inches (IV), and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a r� r, 1 maximum height of three inches. *Qp� 3. All new wood sills must be treated wood, half -lap spliced and properly nailed with two treated wood splice plates. All joints must be supported by a pier with pad footing. That the Building Code adopted in Chapter 18 is hereby amended by adding a new amendment to Section -27 to read a follows: Pertaining to Section 18 -28. Penalties, Section 18 -28 is hereby amended to read as follows: That any person, either by himself or agent, and any firm, corporation, or other entity who violates any of the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction of any such violation shall be fined in any sum not to exceed $500.00. Each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this code by any corporation, the officers and agents actively in charge of the business of such corporation ;shall be subject to the penalty herein provided. Any offense defined herein, which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said state law and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this /_ day of &i , , 1995. 0,z-,j 14_ � Carl N. LeBlanc, Mayor City of Nederland, Texas 205 )06 ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hug�Attnev , COOPy L� 1 1 J CITY OF NEDERLAND RESOLUTION NO. 1995 -13 BE IT RESOLVED PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTION 26.09, THAT THE CITY COUNCIL OF THE CITY OF NEDERLAND HEREBY APPROVES THE 1995 TAX ROLL THIS i3 DAY OF ZLM � , 1995. 1 ATTEST: I LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF NEDERLAND Carl N. LeBlanc, Mayor Richard D. Hughes, Ci6, Attorney �O 1 ^ CITY OF NEDERLAND � " p �� V RESOLUTION NO. 1995 -14 A RESOLUTION AMENDING AND CLARIFYING A RESOLUTION OF THE CITY OF NEDERLAND DATED MARCH 27, 1995 CREATING AN ECONOMIC DEVELOPMENT CORPORATION, ESTABLISHING A BOARD OF DIRECTORS, AND SETTING FORTH RULES FOR THE OPERATION OF THE CORPORATION. RECITALS (1) Ordinance No. 1994 -06 ordered an election for purposes of the adoption of an additional one -half of one percent sales and use tax to be used for any purpose authorized by Section 4B, Article 5190.6, V.T.C.S.; (2) A Resolution was passed by the City Council of the City of Nederland, State of Texas, on March 27, 1995 creating the Nederland Economic Development Corporation was created under Section 4B of the Development Corporation Act of 1979, Article 5190.6, V.T.C.S.; (3) The Resolution dated March 27, 1995, inadvertently contained language in Section ' 3(e) which improperly limited the nature and scope of projects that the Corporation could undertake. The wording used in Section 3(e) pertains to and is restricting upon economic development corporations created under Section 4A of the Development Corporation Act of 1979, Article 5190.6, of the Revised Civil Statutes of Texas, and has no relevance to a nonprofit corporation created under Section 4B of the Development Corporation Act of 1979; and (4) It was the intention of the City Council for the Nederland Economic Development Corporation to utilize the adopted additional one -half of one percent sales and use tax for any purpose authorized by Section 4B, Article 5190.6, V.T.C.S., as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION ONE: AMENDMENTS - That the Resolution of the City of Nederland dated March 27, 1995 creating an Economic Development Corporation, establishing a Board of Directors, and setting forth rules for the operation of the Corporation is hereby amended to state the true intention of the City Council of the City of Nederland by deleting Paragraph 3(e) in its entirety, and by inserting in its place as Paragraph 3(e), the following language: "All tax funds and other funds entrusted to the Corporation will be used for any purpose authorized by Section 4B, Article 5140.6, V.T.C.S., as amended (the Development Corporation Act of 1979), including but not limited to, projects for the promotion and development of new or expanded business enterprises, provide public safety facilities, streets and roads, drainage and related improvements, demolition of existing structures, general municipally owned improvements, as well as any improvements or facilities that are related to any of these projects and any other project that promotes or develops new or expanded business enterprises, as well as projects required or suitable for use for professional and amateur sports, athletic, entertainment, tourist, convention, and public park purpose events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, learning centers, parks and park facilities, open space improvements, municipal buildings, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, and other related items that enhance any of those items." SECTION TWO: EFFECTIVE DATE - That since immediate operation of the provisions of this Resolution is necessary for the preservation of public peace, health, and safety, this Resolution shall be in full force and effect from and after its passage date by the City Council. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this �3 day of 1 ��pyn/g,+ , 1995, at which meeting a quorum was present and voting. 1 Carl N. LeBlanc, Mayor ATTEST: � AW4,'`J'a � fa LaDonna Floyd, City Secretary APP VED AS TO FORM AND LEGALITY: O� chard D. Hughes, Cito Attorney 1 209 210 C • P This Agreement is entered into as of December 1, 1995, by and between the City of Nederland (hereinafter referred to as "City ") and Southeast Texas Building Service, Inc. (hereinafter referred to as "Contractor "). I. Purpose City desires to retain Contractor and Contractor desires to provide the following services to the City: Janitorial Services in accordance with this Agreement and the attached Specifications, which are incorporated herein by reference. In consideration of such services and representations herein, Contractor and the City hereby agree as follows: II. Definition of Contractor Contractor shall be an Independent Contractor. Contractor agrees that: A. Contractor is not an employee of the City and he will be solely liable for all social security, unemployment and other taxes, whether state or federal; , B. Commensurate with the executing of this Agreement, Contractor shall present evidence satisfactory to the City of contractors obtaining and maintaining Worker's Compensation and General Liability Insurance, with the City of Nederland listed as an additional insured; C. Contractor's services will be performed with no direct supervision from the City; and D. While the desired results of Contractor's services will be mutually agreed upon, the City will exercise no control or direction as to the means and methods for accomplishing this result. III. Term Subject to the provisions for Termination set forth in Paragraph M below, the term of this Agreement will be from December 1, 1995 to December 1, 1996. This Agreement may be extended by mutual agreement in writing, and if extended, may be canceled on thirty days' written notice by either party. 1 , MWA IV. Compensation City shall pay Contractor for the services provided pursuant to the Purpose stated above at the rate of $1,370.00 per month. All compensation due Contractor will be paid within thirty (30) days of deliver to City of an invoice from Contractor for all services rendered. All such invoices shall state the month for which services have been rendered and shall describe the nature of the work done. Contractor agrees to submit all such invoices within sixty (60) days of the date the work was performed and/or on which the expense was incurred. Contractor further agrees that City will not have any liability whatsoever as to any work or expense not invoiced within such sixty day period. V. Right to Act as Contractor Contractor hereby warrants that he is not subject to any restrictions which would prevent him from entering into or carrying out the provisions of this Agreement. VI. Materials and Equipment Contractor shall furnish, at Contractor's expense, all materials and equipment necessary to carry out the terms of this Agreement. VII. Safety Provisions Contractor shall famish, at Contractor's expense,, proper and adequate equipment, machinery, tools and supplies necessary to perform all jobs and services in a safe, workmanlike and diligent manner, and shall provide and have available at all times for use by a Contractor's employee engaged in the performance of such work, all safety appliances needed for the maximum protection of Contractor's employees, City's employees and citizens against injuries. VIII. Taxes and Worker's Compensation Liability Contractor covenants to save owner harmless from any and all liability for withholding state or federal income tax, state or federal industrial accident contributions, and any employer's tax liability now or subsequently imposed on City. 211 12 IX. Indeminification of City Contractor agrees to indemnify and hold City harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of Contractor's business on the City's premises or its use of the City premises, all from any breach on the part of the Contractor of any condition of this Agreement, or from any act or negligence of Contractor, its officers, agents, contractors, employees, tenants, or invitees on or about the City's premises, or from any act of negligence of City. In case of any action or proceeding brought against City by reason of such claim, Contractor, upon notice from City, agrees to defend the action or proceeding by counsel of City's choice. X. Local and International Laws Contractor agrees that he will at all times comply with all applicable federal, state and local laws and regulations. M. Termination This Agreement may be terminated by either party with or without cause and for any or no reason upon thirty (30) days written notice to the other party. If to Contractor, such notice will be addressed to the Contractor at: SOUTHEAST TEXAS BUILDING SERVICE INC. 3304 SPURLOCK ROAD P. O. BOX 1562 NEDERLAND, TEXAS 77627 and if to the City: CITY OF NEDERLAND P. O. BOX 967 NEDERLAND, TEXAS 77627 or to other address as may be designated by the parties from time to time. Any such notice sent by registered U. S. mail and addressed in accordance with this Paragraph XI, will be deemed to have been made and delivered seven (7) days following deposit into the U. S. mail. XIL Review of Progress Contractor agrees to review his progress either verbally or in writing, as requested by the City from time to time, and upon request by the City from time to time, to allow the City to inspect all work accomplished and /or in progress pursuant to this Agreement. 213 XIII. General Provisions A. The term "Agreement" includes any amendments, modifications or supplements herein. The terms provisions and conditions of this Agreement may be modified, altered, amended, changed or supplemented only by a writing signed by Contractor and by an officer of the City. B. This Agreement contains the entire agreement of the parties and supersedes all prior or contemporaneous agreements, discussions, or representations, oral or written with respect to the subject matter hereof. No purported subcontract, delegation, assignment or transfer by Contractor of this Agreement, or any of the duties or obligations, rights or remedies (whether in whole or in part) will be binding upon the City without prior written consent of the City, which, in view of the personal nature of the services to be provided by the Contractor, may be withheld at the sole discretion of the City. C. If any section, condition, provision or covenant of this Agreement is held to be invalid or unenforceable, either in itself or as to any particular party, the remainder of this Agreement will continue in force unless it would be inequitable and inconsistent with the purpose of the Agreement to continue to do so. D. This Agreement does not constitute either party as the agent, employee or representative of the other for any purpose whatsoever. Neither party is granted any express or implied right or authority by the other party to assume or create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever. E. The failure of either party at any time to require performance by the other party of any provision will not effect in any way the full right to require such performance at any time thereafter. F. The validity, interpretation, and performance of this Agreement will be controlled by and construed under the laws of Texas, the state in which this Agreement is being executed. �q ' �Q X14 EXECUTED in duplicate originals on this the 20 day of November, 1995. Contractor acknowledges that he has read and understood the terns of this Agreement. ATTESTED: &Cljlz�n Cis Secretary Contractor By: L, (Name) Its: President City of Nederland By: C' 1 • I &( c (Name) Its: Mayor (Title) ' 215 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 27, 1995 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 Billy W. Doornbos. MINUTES A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the November 13, 1995 meeting as written. All Voted Aye. ' PROCLAMATION Mayor LeBlanc presented a Proclamation to Mrs. Vera LeBlanc, Home Care Plus, declaring November 27 - December 3, 1995 as "Home Care Week" in Nederland. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve a Proclamation declaring November 27 - December 3, 1995 as "Home Care Week" in Nederland, Texas. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:02 p.m. by Mayor LeBlanc for the purpose of receiving comments on Ordinance No. 388, curfew ordinance. Billy Neal, Police Chief, reported to Council that the ordinance appears to be providing the desired results it was intended for. He added that since the first ordinance was adopted in 1987 arrests have dropped from 47 to 27 in 1995. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was called back to order at 6:06 p.m. by Mayor LeBlanc. ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to continue Ordinance No. 388, curfew ordinance, in its present form. All Voted Aye. 216 Minutes continued, November 27, 1995 RESOLUTIONS Andre Wimer, City Manager, informed Council that the Industrial District Agreement between the City and Air Liquide has been approved by them. Mr. Wimer added that all documents for Reinvestment Zone No. One are now ready for final approval. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve Resolution 1995 -11, declaring that the City of Nederland is eligible to participate in offering tax abatement under the Property Redevelopment and Tax Abatement Act, as amended; and, Resolution 1995 -12, adopting the Guidelines and Criteria for Reinvestment Zone No. One. All Voted Aye. ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to reaffirm approval of Ordinance No. 1995 -11, designating certain property in the City's extraterritorial jurisdiction as a reinvestment zone. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to postpone approval of Ordinance No. 1995 -13, approving an overhead electric service easement with Gulf States Utilities Company at the old landfill site. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman ' Nagel to approve an Amendment to Ordinance No. 147, personnel policy, contingent upon adding that meals be provided to employees working over- time, and that all meals be reimbursed for employees attending one day seminars/schools held in the region; and, that the effective beginning date be January 15, 1996. All Voted Aye. PLANNING AND A motion was made by Mayor LeBlanc and seconded by Councilman Nagel ZONING to approve the replat of Lots 1, 2, and 3, Block 19, Range I, PALCO (outside COMMISSION the city limits but within the extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve the preliminary plat of LaPlace Village, Lot 5, Block 18, Range H, PALCO (outside the city limits but within the extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. COALITION OF A motion was made by Councilman Nagel and seconded by Councilman CITIES AND Sawyer to decline from participating in the Coalition of Cities and Counties. COUNTIES All Voted Aye. Minutes continued, November 27, 1995 DRAINAGE Steve Hamilton, Director of Public Works, presented Council with the proposals for engineering services and field survey work on the drainage problems on South 36th Street & Park Drive. He estimates that the study should not exceed $4,000. After a lengthy discussion of the problems in this area, the City Manager stated that there are funds in engineering services which could be used for this study. Mr. Wimer added that the staff will continue investigating this problem and will report back to the Council on the progress. STREET A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff CLOSING to approve the closure of Boston Avenue, from 13th Street to 14th Street, on Saturday, December 9, 1995, for "Christmas on Boston" activities. All Voted Aye. POLICIES A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to adopt Section 17, of the Amendment to Ordinance No. 147, as the travel policy for the Mayor and City Council. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve Resolution 1995 -13, investment policy. All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize the submission of an application requesting funds from the Wilton P. & Effie Mae Hebert Foundation. All Voted Aye. WATER TREAT- A motion was made by Councilman Nagel and seconded by Mayor LeBlanc MENT PLANT to approve Change Order No. 2 decreasing the contract by $1,330. and adding an additional seven (7) days, contingent upon the approval by Lower Neches Valley Authority. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize payment to Allco, Inc. in the amount of $282,860.21 for Payment No. 14, Water Treatment Plant construction. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payment to KSA Engineers, Inc. in the amount of $1,120.00 for engineering services during the construction phase of the Water Treatment Plant construction. All Voted Aye. 21'7 218 Minutes continued, November 27, 1995 CITY MANAGER Andre Wimer, City Manager, reported to Council that the executed contract REPORT for the Community Development Block Grant has been received from the State and the consultants will be contacting staff soon to proceed with the necessary engineering services. Mr. Wimer informed Council that prior to the end of January staff will be presenting the park grant application for Rienstra Park, The City Manager reminded Council that the City will need to submit two names to the South East Texas Regional Planning Commission to serve on the Water Equity Board. Councilman Nagel suggested that staff begin looking at the sign ordinance prior to election campaign signs being put up. He stated that we should prohibit them from being placed in front of City Hall. ADJOURN There being no further business the meeting was adjourned at 7:58 p.m. by Mayor LeBlanc. LaDonna Floyd, City Secretary City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahsent Carl N. LeBlanc Mayor i/ Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 V-1 Billy W. Doornbos Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney / Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kent Walston Personnel Director / Steve Hamilton Public Works Dir. V-1, Rod Hatch Building Official Jim Weaver Parks Director / �/ Victoria Klehn Librarian Mayor C City S(ecretary c // -.,2?- 9E Date 219 920 COP CITY OF NEDERLAND A PROCLAMATION e,-L U/—, U Whereas, home health care ranks as the least costly way of receiving quality health care; and, Whereas, Home Care Plus employs a qualified and professional staff of registered and licensed nurses, physical therapists, speech pathologists, respiratory therapists, home health aides, and nutritional staff to offer citizens access to the highest quality and levels of in -home care; and, Whereas, Home Care Plus 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 800 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 27- December 3, 1995 as "Home Care Week" in Nederland, Texas to acknowledge the role Home Care Plus and other home care agencies play in caring for the ill, elderly, infants, pediatrics, 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 27th day of November, 1995. 0a,em. Carl N. "Cropo" LeBlanc, Mayor City of Nederland, Texas ATTEST: xGt11:r Q � LaDonna Floyd, City Secretary City of Nederland, Texas CITY OF NEDERLAND RESOLUTION NO. 1995 -11 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, DECLARING THAT THE CITY OF NEDERLAND IS ELIGIBLE TO PARTICIPATE IN OFFERING TAX ABATEMENT UNDER THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, AS AMENDED. WHEREAS, the City Council of the City of Nederland, Texas, desires to promote economic development within the City; and WHEREAS, the creation of reinvestment zones within the City and its extraterritorial jurisdiction for the purpose of granting tax abatement will likely contribute to the economic development of the City by encouraging major investment and the creation of jobs; and WHEREAS, the Property Redevelopment and Tax Abatement Act allows cities to establish local criteria for the designation of reinvestment zones for the purpose of granting tax abatement; 'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEDERLAND,TEXAS: SECTION ONE: That the City of Nederland does hereby elect to become eligible to participate in tax abatement as authorized under the Property Redevelopment and Tax Abatement Act, as amended. SECTION TWO: That the City of Nederland shall develop and the Nederland City Council shall adopt, guidelines and criteria to govern the granting of tax abatement and the administration of abatement agreements with the City as required by the Act. PASSED AND APPROVED this the J9 day of A oyetnAer , 1995. Carl N. LeBlanc, Mayor ATTEST: CA!(V 11� La onna Floyd, titySecretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney mey — �q 221 222 COP CITY OF NEDERLAND RESOLUTION 1995 -12 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENTS IN REINVESTMENT ZONE NUMBER ONE UNDER THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, AS AMENDED. WHEREAS, the City Council of the City of Nederland, Texas, desires to promote economic development within the City; and WHEREAS, the creation of reinvestment zones within the City and its extraterritorial jurisdiction for the purpose of granting tax abatement will likely contribute to the economic development of the City by encouraging major investment and the creation ofjobs; and WHEREAS, the Property Redevelopment and Tax Abatement Act allows cities to establish local criteria for the designation of reinvestment zones for the purpose of granting tax abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEDERLAND,TEXAS: SECTION ONE: That the City of Nederland hereby adopts the attached Tax Abatement I Guidelines and Criteria for Reinvestment Zone Number One. PASSED AND APPROVED this the W1 day of /NOVeMbrr , 1995. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: XQ Ln n .rj `�abonna Flo ec retary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: kL Richard D. Hughes, Cit Attorney City of Nederland, Texas 223 CITY OF NEDERLAND O� ORDINANCE NO. 1995 -11 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, DESIGNATING A CERTAIN AREA AS TAX ABATEMENT REINVESTMENT ZONE NUMBER ONE FOR COMMERCIALIINDUSTRIAL TAX ABATEMENT, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO; DECLARING FINDING OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN OPEN MEETINGS CLAUSE. WHEREAS, the City Council of the City of Nederland, Texas (the "City"), desires to promote the development or redevelopment of a certain continuous geographic area within the City and its extraterritorial jurisdiction by creation of a reinvestment zone for commercial /industrial tax abatement, as authorized by Section 312.201 of the Texas Tax Code (hereinafter the "Code "); WHEREAS, by Resolution dated October 23, 1995, the City Council of the City of Nederland stated its election to become eligible to participate in tax abatement; ' WHEREAS, on October 23, 1995, the City Council of the City of Nederland adopted Guidelines and Criteria (the "Criteria ") governing tax abatement reinvestment zones and agreements within the City and its extraterritorial jurisdiction; WHEREAS, the City Council of the City of Nederland ordered a public hearing to discuss the creation of a new tax abatement reinvestment zone before the City Council of the City of Nederland at 6:00 p.m. on October 23, 1995, such date being at least seven (7) days after the date of publication of the notice of such public hearing; WHEREAS, the City held such public hearing after publishing notice of such public hearing, and giving written notice to all taxing units overlapping the territory inside the proposed reinvestment zone; WHEREAS, the City, at such hearing, invited any interested person to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the ordinance calling such public hearing should be included in such proposed reinvestment zone, the concept of tax abatement; and WHEREAS, all interested persons were given every opportunity to present their views. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct; 224 (r00 PV Section 2: The City, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony presented to it: A. That a public hearing on the adoption of the reinvestment zone has been properly called, held and conducted and that notices of such hearings have been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; B. That the boundaries of the reinvestment zone (hereinafter 'REINVESTMENT ZONE NUMBER ONE ") should be the area described in the description attached hereto as Exhibit "A" and depicted on the drawing attached hereto as Exhibit "B "; C. That the improvements sought in REINVESTMENT ZONE NUMBER ONE will result in benefits to the City and to the land included in the zone after the term of any tax abatement agreement executed under Section 312.204 of the Code; and the improvements sought are feasible and practical; D. That creation of REINVESTMENT ZONE NUMBER ONE will result in criteria for the creation of a reinvestment zone as set forth in Section 312.202 of the Code in that it is "reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City'; I and E. That REINVESTMENT ZONE NUMBER ONE meets the criteria for the creation of a reinvestment zone as set forth in the City of Nederland Guidelines and Criteria for granting tax abatement in reinvestment zones. Section 3: That pursuant to Section 312.201 of the Code, the City hereby creates a reinvestment zone for the commercial /industrial tax abatement encompassing only the area described by Exhibit "A" attached hereto and depicted on the drawing attached hereto as Exhibit "B" and such REINVESTMENT ZONE is hereby designated and shall hereafter be officially designated as TAX ABATEMENT REINVESTMENT ZONE NUMBER ONE, City of Nederland, Texas. Section 4: That die REINVESTMENT ZONE shall take effect on October 23, 1995, as of the time of its passage. Section 5: That to be considered for execution of an agreement for tax abatement, the commercial/industrial project shall; A. Be located wholly within the Zone as established herein; B. Not include property that is owned or leased by a member of the City Council of the City of Nederland; C. Conform to the requirements of the Criteria governing tax abatement previously adopted by the City, and all other applicable laws and regulations; and 1 1 1 D. Have and maintain all land located within the designated zone, appraised at market value for tax purpose. Section 6: That written tax abatement agreements between the City and property owners located within the zone shall provide identical terms regarding duration of exemption and share of taxable real property value exempted from taxation. Section 7: That written agreements for tax abatement as provided for by Section 312.205 of the Code shall include provisions for: A. Listing the kind, number and location of all proposed improvements of the property; B. Access to and inspection of property by municipal employees to ensure that the improvements or repairs are made according to the specification and conditions of the agreements; C. Limiting the use of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect; and D. Recapturing property tax revenue lost as a result of the agreement if the owner of the property fails to make the improvements as provided by the agreement. Section 8: That if any provision of the Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect with the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 9: That this Ordinance shall take effect immediately from and after its passage. Section 10: Sunset provision. The designation of Tax Abatement Reinvestment Zone Number One shall expire five (5) years from the effective date of this Ordinance. The designation of a tax abatement reinvestment zone may be renewed for periods not exceeding five (5) years. The expiration of a reinvestment zone designation does not affect an existing tax abatement agreement authorized by the City Council of the City of Nederland, Texas. Section 11: That it is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. %Qe, 0 225 226 PASSED AND APPROVED on the cl� day of No,ieenhe. 1995. ATTEST: odk" "'d LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney CITY OF NEDERLAND, TEXAS Carl N. LeBlanc, Mayor 1 C� 1 227 CITY OF NEDERLAND RESOLUTION 1995 -13 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE CITY'S INVESTMENT POLICY WHEREAS, the City of Nederland is required to adopt a written investment policy for the investment of its institutional funds in accordance with the Public Funds Investment Act, V.T.C.A. Government Code, Chapter 2256. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the investment policy as prepared is hereby accepted as setting forth investment policy and strategy guidelines for the City of Nederland. PASSED AND APPROVED by the City Council at its regular meeting on the -M day of NoVern, rr 1995. 2 4 h��_ Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci4 Attorney City of Nederland, Texas 22$ REGULAR MEETING OF THE CITY COUNCIL OF THE 6:00 p.m. MEETING QUORUM INVOCATION MINUTES CITY OF NEDERLAND December 11, 1995 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. See attached. The invocation was given by Councilman Billy W. Doornbos. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve the minutes of the November 27, 1995 meeting as written. All Voted Aye. PRESENTATION Mayor LeBlanc recognized three retiring City of Nederland employees - Charlie Myers - 25 years of service; Darrell Marchand, Sr. - 30 years of service; and, Arnold Lee Prestridge - 32 years of service. He presented each with a watch for their dedicated service to the community. WASTEWATER Gary Graham, Schaumburg & Polk, Inc., gave a presentation to Council TREATMENT outlining recommendations for the City's wastewater treatment plant PLANT improvements. Mr. Graham reviewed the options the City could select in order to bring the facility into compliance with T.N.R.C.C., however, they are recommending the City abandon the trickling filters, upgrade the activated treatment system, and construct clarifiers. Mr. Graham added that due to ever changing regulations they feel it would be more beneficial to route the treated effluent to the Neches River. The amount of effluent to be routed will be addressed in the permit amendment. The permit amendment will be submitted such that consideration will be made for continuing discharge of treated effluent during high wet weather flows into Main "C" ditch. Increasing the amount of effluent which can be continued to be discharged into Main "C" will result in savings in both capital and operation costs. Mr. Graham then informed Council that a 150 ft. buffer zone, either through easements or ownership of property, will need to be acquired. The estimated costs for plant improvements, routing effluent to the Neches River, and constructing a lift station in Wagner Addition is $11,320,000. He added that if the permit is approved there could be a savings of $1,100,000. 1 1 229 Minutes continued, December 11, 1995 A motion was made by Mayor LeBlanc and seconded by Councilman Nagel ' to approve the submission of a wastewater discharge permit to the T.N.R.C.C. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:14 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.072, to discuss acquisition of property; and, Chapter 551.071, to discuss pending litigation. RECONVENE The regular meeting was reconvened at 7:49 p.m. by Mayor LeBlanc. He announced that the acquisition of property was held for informational purposes only. Richard Hughes, City Attorney, explained that recently a former employee passed away and the insurance carrier, Royal Maccabees, is refusing the claim to his beneficiary stating that the City failed to list him on the list of insured. Mr. Hughes is recommending that the City make payment to the beneficiary in the amount she would have been entitled to in exchange for a release of any claim that she would have against the City and in exchange for an assignment ' from her so that the City could assert and prosecute its claims against the insurance company for its refusal to pay the claim. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to the beneficiary of a former city employee in the amount she would have been entitled to, which the insurance carrier, Royal Maccabees, is refusing to pay in exchange for a release of any claim that she would have against the City and obtain an assignment from her so that the City can assert and prosecute its claim against the insurance company for its refusal to pay the claim. All Voted Aye. LICENSES, A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff PERMITS & FEES 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, Inc. 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. Dave Jones dba Novrozsky's 9. Sal Carfi dba Italian Restaurant and Flying Pizza. All Voted Aye. 930 Minutes continued, December 11, 1995 CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve a contract between the Mid County Radio Control Club and the , Mid County Municipal League for use of the old landfill site. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to postpone retaining the services of Neches Engineers for engineering, design, and inspection services for roof repairs to the City Office Building and/or the Fire Station. All Voted Aye. POLICIES A discussion was held on the proposed Substance Abuse Policy for City of Nederland employees. Kent Walston, Director of Personnel, informed Council that the new federal guidelines regulating all persons who have commercial drivers licenses has been added to the policy. It has been mandated that these guidelines be in effect by January 1, 1996. He added that several changes effecting all employees have been made since the last drug policy was adopted. This policy will appear on the next agenda for final approval. EMPLOYEE Andre Wimer, City Manager, informed the Council that Texas Municipal INSURANCE League Health Insurance Pool has offered two separate options which would ' be of benefit to the City and its employees. He is recommending that we select Option II which allows employees to be a member of a hospital/doctor primary provider organization. The out -of- pocket expenses would increase to $1,500. He added that they have also offered a dental plan to employees at a cost of $14.55 per employee and $21.89 for family coverage. The savings realized by selecting Option II will pay for the majority of the costs associated with an employee dental plan. The City may either choose to absorb the additional costs, which amount to approximately $10,000, or have employees who select family coverage to share this cost. A motion was made by Mayor LeBlanc to approve an amendment to the City employees' health insurance plan by selecting Option II as offered by the Texas Municipal League Health Insurance Pool. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to approve dental coverage for City employees with the City paying the employees portion and the employee paying for family coverage. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to approve a long -term disability plan for City employees. All I Voted Aye. GRANTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve submission of a reference grant to the Houston Area Library System. All Voted Aye. 231 Minutes continued, December 11, 1995 A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve submission of a solid waste management grant to the South East Texas Regional Planning Commission for composting bins. All Voted Aye. CITY FACILITY A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize the Nederland Bulldog Booster Club to use the Warehouse, 515 Hardy, for their annual fundraiser. All Voted Aye. BIDS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to award bids received for two (2) police cars to Orange Ford, Orange, TX in the amount of $36,874.00. All Voted Aye. A motion was made by Councilman Radcliff and seconded by Councilman Sawyer to award bids received for one (1) 3/4 Ton pickup truck for the Fire Department to JK Chevrolet, Nederland, TX in the amount of $17,621.00. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to reject all bids received for one (1) pickup truck for the Parks Department and authorize purchase through HGAC in the amount of $13,788.36. All Voted Aye. A motion was made by Councilman Nagel and seconded by Councilman Doombos to award bids received for a vertical sand filter for the swimming pool at Doornbos Park to Quality Pools, Pasadena, TX in the amount of $14,291.00. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize the advertisement of bids for approximately 300 garbage containers for the fully automated waste collection system. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize payment of the bills for the month of November, 1995. All Voted Aye. CITY MANAGER Andre Wimer, City Manager, reported that today was the first of a series of REPORT tests in the Take Heart national survey being taken by Mid Jefferson Hospital ' and Park Place Hospital. He added that we had 60 employees participate. Mr. Wimer stated that the Nederland Economic Development Corporation has agreed to commit up to $300,000 for the library expansion project. We will also be making application to the State for any library grant funding. 232 Minutes continued, December 11, 1995 ADJOURN There being no further business, the meeting was adjourned at 9:01 p.m. by ' Mayor Carl N. LeBlanc. ATTEST: A � a n �� LaDonna Floyd, City Se retary City of Nederland, Texas C e 1 nc, a`yor City of Nederland, Texas 1 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title PrPCPnt A hcunt Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward I ✓ Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kent Walston Personnel Director Steve Hamilton Public Works Dir. V/ Rod Hatch Building Official ✓ Jim Weaver Parks Director Victoria Klehn Librarian Mayor C _/.Z -r1,9S Date 233 234 STATE OF TEXAS § FIRST RENEWAL AND ' § AMENDMENTS TO JOINT COUNTY OF JEFFERSON § LAND USE AGREEMENT I. RENEWAL OF LEASE The lease period shall be of a two (2) year term commencing January 1, 1996, and ending December 31, 1997 A.D. Subject to amendments as set forth below, all previous conditions and provisions are ratified and continued as set forth in the Joint Land Use Agreement, attached hereto and incorporated by this reference. I MUMUMM111-IMMINVJ A. The Joint Land Use Agreement, Paragraph No. 1 CONDITIONS is amended by deleting the entire sentence and by adding in its place the following: ' "Lessee shall maintain the entire closed landfill cap (approximately 80 acres) in a neat and orderly fashion." B. The Joint Land Use Agreement, Paragraph No. 3 CONDITIONS is amended by adding the following: "Prior to procuring a sanction for a "scheduled fly -in," Lessee shall notify Lessor of the scheduled fly -in dates. The general public is routinely invited to scheduled fly -ins as "Guests" of Lessee. At all times that the entrance gate is opened to the general public, Lessee will provide personnel at the gate site to direct the O public to the flying field. Lessee shall ensure that the public will 235 ' proceed directly to the flying field and observe the posted 10 mph speed limit." C. The Joint Land Use Agreement, Paragraph No. 4 CONDITIONS is amended by deleting the last sentence thereof and by adding in its place the following: "The Lessee will defend, indemnify and hold harmless the Lessor, the City of Nederland, the City of Groves, and the City of Port Neches, from all damages, costs, expenses and attorney's fees for all claims and suits, including claims and suits for death, personal injury, and property damage, arising out of, or connected with Lessee's use of the lease premises." D. The Joint Land Use Agreement, Paragraph No. 1 TERMINATION is amended ' by deleting the words "which is beyond Lessor's discretionary control" so that the paragraph as amended now reads as follows: "Lessor notifies Lessee not less than thirty days in advance that Lessee must vacate the premises due to supervening governmental necessity. " E. The Joint Land Use Agreement, Paragraph TERMINATION is amended by adding Paragraph No. 4, which reads as follows: "The failure of Lessee to cure any breach of any CONDITIONS specified herein after receiving 30 days notice of the breach from Lessor. " O 2 236 F. The Joint Land Use Agreement, Paragraph TERMINATION is amended by ' adding Paragraph No. 5, which reads as follows: "Lessee's assignment or attempted assignment of this Agreement to another party without the written approval of Lessor." G. The Joint Land Use Agreement, Paragraph SITE is amended by deleting the first sentence thereof and by adding in its place the following: "The site which comprises the lease premises is approximately 80 acres and 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." End of Amendments. 1 ACCEPTED: ee/nf/ i for Mid i� Col�unty Municipal League, Lessor /�h d ✓'v I W/M t,✓ Printed Name Date: O,1j12,A Ste, Agent for Mid - County Radio Control Club, Lessee Sf -6Ue_ � /10e."'IC �f Printed Name O Date:_ j /-5 0 9 S 3 7J 1 6:00 p.m. MEETING QUORUM INVOCATION MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 18, 1995 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. See attached. The invocation was given by Steve Hamilton, Director of Public Works. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve the minutes of the December 11, 1995 meeting as written. All Voted Aye. COMMENTS The following citizens were present to voice their concerns with the drainage problems associated with the heavy rains that occurred over the past two days. The majority in attendance either got water in their homes or was within inches of getting water in their homes. Kirk Gillespie, 803 Hunter Ridge Hadon Jones, 924 Avenue E Jolei Bayard, 702 South 9th Street Howard Gribnau, 1022 Avenue E Raul Cantu, 3619 Park Albert Barker, 512 South 7th Street Sharon Marrs, 619 South 10' /z St. Charlotte Tweekrem, 611 S. 1' /z St. Cindy Barger, 611 South 9th Street John Badeaux, 704 S. 10' /2 Street Jack Kennedy, 1040 Avenue E Tommy Butler, 1032 Avenue E Debbie Autin, 319 South 9th Street Jody Breaux, 1507 South 15th Street William Scoggins, 607 South 2nd Street Paul Hempel, 1315 South 36th Street Marvin Kebodeaux, Commissioner - Drainage District No. 7, was present to answer questions regarding the District's responsibilities and actions during the heavy rains. Mr. Kebodeaux explained how the pumps on Alligator Bayou work to drain Nederland and the surrounding area. After a lengthy discussion Mayor LeBlanc stated that the City will schedule a joint meeting between the City, Drainage District No. 7, and the Texas Department of Transportation to determine if a solution to the problems experienced by Nederland residents can be found. He added that we will publicize the meeting as well as contact all interested persons by telephone. 23 238 Minutes continued, December 18, 1995 COMMENTS Roger McGuire, 1707 Avenue G, addressed Council relative to a traffic signal ' (CONT.) that appears to have malfunctioned. Mr. McGuire stated that his son was involved in an accident on November 19, 1995 at the intersection of 21st Street and Nederland Avenue and after investigation by the Police Department it was discovered that the traffic signal showed green in both directions. Upon this discovery he notified the City which in turn notified the insurance carver. Mr. McGuire stated that he learned today from the insurance carrier that they will not be covering the claim. The City Manager informed the Council and Mr. McGuire that the insurance has not notified the City about this latest development. Mr. Wimer stated that we will contact the insurance carrier tomorrow and then call Mr. McGuire with further information. LICENSES, A motion was made by Mayor LeBlanc and seconded by Councilman Nagel PERMITS & FEES 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 1 Irene Collins dba Irene's, Inc. 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. Dave Jones dba NovrozsWs 9. Sal Carfi dba Italian Restaurant & Flying Pizza All Voted Aye. S.E.T.R.P.C. A motion was made by Councilman Sawyer and seconded by Councilman Doombos to approve the submission of a project for the Urban Street Program to the South East Texas Regional Planning Commission. All Voted Aye. POLICIES A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve a Substance Abuse Policy for City of Nederland employees contingent upon adding the following language as suggested by the City Attorney: under performing safety - sensitive functions add - while using alcohol; within four hours after using alcohol; and, refusing to submit to an alcohol test and using alcohol within eight hours after an accident or until , tested (for employees to be tested) are prohibited. All Voted Aye. Minutes continued, December 18, 1995 ' ORDINANCES A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve Ordinance No. 1995 -13, approving an overhead electric service easement with Gulf States Utilities Company at the old landfill site. All Voted Aye. PAYMENT A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to ALLCO, Inc. in the amount of $310,636.54 for Pay Request No. 15, Water Treatment Plant construction. All Voted Aye. CITY MANAGER Andr6 Wimer, City Manager, informed Council that Mrs. A. A. Salter has been REPORT notified about the settlement of beneficiary payment and has agreed to the terms specified by City Council. Mr. Wimer added that the Wastewater Permit has been forwarded to the T.N.R.C.C. and is available for inspection in his office. The City Manager reported that the City Attorney could find no reason why the City could not prohibit election signs from being placed on City Hall ' property. He added that this will need to be approved by amending the current sign ordinance. Mr. Wimer reminded Council that the drug policy adopted tonight supersedes the current drug policy. ADJOURN There being no further business the meeting was adjourned at 7:40 p.m. by Mayor Carl N. LeBlanc. Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 239 2,40 CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 V-1 Homer E. Nagel Councilman Ward 2 Mike Radcliff Councilman Ward 3 Billy W. Doornbos Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary / Richard Hughes City Attorney / Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kent Walston Personnel Director Steve Hamilton Public Works Dir. ,/ Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian _(1�1,4 . � Mayor -CitJySee c �a -/g-9s Date 1 241 ORDINANCE NO. 1995 -13 AN ORDINANCE APPROVING AN OVERHEAD ELECTRIC SERVICE EASEMENT WITH GULF STATES UTILITIES COMPANY AT THE OLD LANDFILL SITE WHEREAS, Andre' Wimer, City Manager of the City of Nederland, is hereby authorized to execute, on behalf of the City of Nederland, a right -of -way instrument, a copy of which is appended hereto and made a part hereof, whereby the City of Nederland grants to Gulf States Utilities Company a 20' wide easement for Overhead Electric Service on certain City owned property, located at Lots 6 and 7, in Block No. 19, Range "F ", in the Port Arthur Land Company subdivision, containing four (4) acres of land in Jefferson County, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The appended right -of -way instrument is hereby approved. THAT this being an ordinance not requiring publication, it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING ON THIS /�?_ DAY OF Ott gl /,�en ^, A.D., ' 1995. a�a Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: �I.dw�cz ('\�ynnl '-Labonna City tecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' I{ichard 7 ilughe3f City Attorney City of Nederland, Texas 242 ADDENDUM TO RIGHT- OF-WAY INSTRUMENT Notwithstanding any language contained in Right -Of -Way Instrument (WR46772) to the ' contrary, the following provisions shall become a part of said instrument and shall govern the rights and obligations stated therein. 1. In exercising its right of ingress and egress to and from said right -of -way across the land of the Grantor, Grantee shall use the route which causes the least inconvenience or damage to the City. 2. Grantor shall have the full use and enjoyment of its property except for the purpose granted to Grantee. 3. The rights and privileges granted herein shall terminate if at any time Grantee fails to maintain and operate the overhead electric service to City's property for a period of more than three (3) consecutive months or upon the failure by Grantee to remedy any default in the performance of any term, covenant, or condition of this agreement within sixty (60) days after service of written notice of such default. 4. The rights and easements herein granted are not exclusive, and Grantor shall have the right to grant easements, leases and licenses to other persons from time to time provided that such grants shall not interfere with the rights granted to GSU herein. 5. The Grantee will defend, indemnify and hold harmless the Grantor, the City of Nederland, from all damages, costs, expenses and attorney's fees for all claims and suits, including claims and suits for death, personal injury, and property damage, arising out of, or connected with Grantee's use of the easement. IN WITNESS WHEREOF, Grantor has executed this Addendum To Right -Of -Way Instrument , on this -LL- day of iLjttel-,Lvn , 1995. GRANTOR: THE CITY OF NEDERLAND, TEXAS s��-- �p Andre Wimer, City Manager O ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON § This instrument was acknowledged before me on I S' 1995, by Andre' Wimer. rti � Notary Public, State of Texas ' Commission Expires: 01 07 97 LAMNNA I N*1 wele '. � ll /, �+YCa W ems,.. IEB AQYI, IWI 1 STATE OF TEXAS I4101'mj.1 Idadaicaa,,1: W R 46772 COUNTY OF JEFFERSON RIGHT -OF -WAY INSTRUMENT GULF STATES UTILITIES COMPANY (TEXAS) KNOW ALL MEN BY THESE PRESENTS THAT: City of Nederland, Texas, a municinalil Grantor(s), acting individually, and for, and on behalf of, my /our heirs, successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively "Grantor', for and in consideration of One Dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, assign, convey unto and warrant and defend Gulf States Utilities Company, and its successors and assigns (collectively "Grantee "), a right-of-way, servitude and casement 20 feel in width for the location, construction, reconstruction, operation, inspection, patrol, replacement, maintenance of electric power and communication facilities, or the removal thereof, now or in the future, including, but not necessarily limited to, poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, now on ccrcaRer used, useful or desired in connection therewith by Grantee over, across, under or on that land of Grantor in the County of JEFFERSON Slatc of Tcxas described as follows, to-wit: Bcing a twenty foot (20') wide casement as shown on Exhibit "A" which is attached hcroto and made a pan hereof, said twenty fool wide casement being out of and apart of Lots Numbered Six (6) and Seven (7), in Block Number Nineteen (19), Range "F', in the Port Arthur Land Company Subdivision, containing 4 acres of land, Jefferson County. Texas. Slid tract being recorded in Volumc 849, Page 264, Deed Records of Jefferson County, Tcxas. Said twenty foot (20) wide alscnucal being also out of and part of a 267.492 acre tract of land granted (le City of Nederland by Sun Marine Terminals, Inc., in the Win Carroll Survey, Abstract No. 13, Jefferson County, Texas, as recorded on Film 100 87 0I 10, in the Real Property Records of Jefferson County, Texas. together with the right of ingress and egress to and from said right-of-way across the adjoining land of the Grantor and the right to attach wires and cables of any other party to Grantee's facilities. Unless otherwise herein spocifuanlly provided, (he center line of the electric power and communication lines initially constructed on this right-of-way shall be the center line of said right-of-way. Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said v ighlof -way and the further right to remove or modify from lime to lime trees, limbs, and/or vcgcation outside the aid right of way which the Grantee considers a hazard to any of its electric power or communications facilities or hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers, by use of a ariety of methods used in the vegetation management industry. Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said right-of-way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor's fences) and Grantee's facilities, Grantor shall not construct or permit the construction of any buildings or other structures on land adjoining said righlof -way in violation of the minimum clearances from the lines and facilities of Grantee, as provided in the National Electrical Safely Code. IN WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this 4A. day of 1)ece -nhfr 199_'_, together with the attached Addendum, which is incorporated and made a part hereof by reference. GRANTOR: THE CIT F NEDERLAND TEXAS BY' Andre' Wimer, City Manger ACKNOWLEDGMENT STATE OF -'f? 06 O COUNTY OF je {{ertnn C�/// This instrument was acknowledged before rue on Deer,,,/tee, I S. lDalc] by Andre' Winter lGrantorl. ' Notary Public, State of Texas ' Commission expires: o2.0?•cJ7 AFtER RECORDING, RETURN TO: nisRiAulim Ripfly,! \ \'ay Dcryinmcn4 Gulf Stela Uliliti<. Cnnl+ any, 1'.G. ooa 2951, IlcawmmL TX 7791K2951 (R- 6f950S(Jl TX) . ♦,��.'... UDONNA FLOVD `�t�'t� Notary Wb9c I SFAiEO —E. 1 My C9mm 2. IW7 FEBRUARY ]. 199] 243 244 E- H1BIT "A" The easement herein granted is 20 feet in width, being; 10 feet on each side of the following ' described centerline insofar as same may be embraced within said tract: Centerline entering Grantor's 4.00 acre tract of land on its southeast line at a point 2.5 feet from said property's most easterly corner. Thence N 04° 35' 30" W a distance of 3.59 feet to a point along the northeast line of Grantor's property. Said point bears N 48° 34' W a distance of 2.81 feet from said property's most easterly corner; thence continuing N 04° 35' 30" W onto grantor's 267.492 acre tract of land a distance of 202.41 feet to an angle point, with a down guy extending_ N 86° 34' 30" W a distance of 22 R to an anchor in the ground; Thence N 1 I ° 26' 30" E a distance of 186 feet to a point of termination, with a down guy extending N I P 26' 30" E a distance of 17 feet to an anchor in the ground. O�n lv7 1 1