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19961 1 1 000001 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 8, 1996 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 Doornbos and seconded by Councilman Sawyer to approve the minutes of the December 18, 1995 meeting as written. All Voted Aye. APPOINTMENT A motion was made by Councilman Nagel and seconded by Councilman Doombos to appoint Mike Radcliff as the representative to serve on the Area Agency on Aging. All Voted Aye. PERSONNEL A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to amend Ordinance No. 147, personnel policy, in order to allow payment of a portion of sick leave to covered employees who retired on December 31, 1995. All Voted Aye. AGREEMENT A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve an amendment to a lease agreement between the City of Nederland and Eddie H. King for property located at 908 Boston Avenue to allow the Narcotics Anonymous meetings to be held in the same building. All Voted Aye. WATER TREAT- A motion was made by Mayor LeBlanc and seconded by Councilman Nagel MENT PLANT to approve the installation of natural gas service to the new Water Treatment Plant utilizing bond funds in the amount of $1,228.00. All Voted Aye. 00000 Minutes continued, January 8, 1996 BIDS Andre Wimer, City Manager, informed Council that three (3) bids were received for garbage containers. They were as follows: Schaefer, Charlotte, ' NC - $44.28 each/$13,284 total; Toter, Inc., Statesville, NC - $43.40 each/$13,020 total; and, Otto Industries, Charlotte, NC - $41.60 each/$12,480 total. Mr. Wimer stated that staff is recommending awarding bids to the low bidder. He added that $15,000 was budgeted for these containers and, therefore, staff has requested permission to purchase an additional 60 containers. A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to award bids received for approximately 300 garbage containers for the fully automated waste collection system to Otto Industries, Charlotte, NC in the amount of $41.60 each; and, to authorize the purchase of an additional 60 containers. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to authorize payments to Schaumburg & Polk, Inc. in the amounts of $8,831.41 and $2,606.84 for work relating to the TNRCC permit renewal and preliminary design work for the Wastewater Treatment Plant. All Voted Aye. A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to authorize payment to KSA Engineers, Inc. in the amount of ' $2,240.00 for engineering services rendered during the construction phase of the Water Treatment Plant. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to authorize payment of the bills for the month of December, 1995. All Voted Aye. CITY MANAGER Andre Wimer, City Manager, reported to Council that the City received a REPORT check in the amount of $17,000 from S.E.T.R.P.C. for partial reimbursement for the emergency generator. ADJOURN There being no further business the meeting was adjourned at 6:30 p.m. by Mayor LeBlanc. Z6 N. LeB anc, Mayor City of Nederland, Texas ATTEST: , L onna Floyd, City Secretary City of Nederland, Texas 000003 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Absent Carl N. LeBlanc Mayor V11, 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 ✓ 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. i/ Rod Hatch Building Official ✓ Jim Weaver Parks Director ✓ Victoria Klehn Librarian Mayor City Secretary ` Date 0066 -64 STATE OF TEXAS COUNTY OF JEFFERSON § SECOND AMENDMENT § 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 "). M. USE The Lease Agreement, Paragraph III. USE is amended by adding the phrase "and /or Narcotics Anonymous ( "NA ")" to the first sentence in 3.1 so that the sentence now reads: 3.1 "The Leased Premises shall be used only as a meeting place for members of Alcoholics Anonymous ( "AA ") and /or Narcotics Anonymous ( "NA ")." All terms and provisions contained in said Lease Agreement, as amended, not expressly amended herein shall continue in full force and effect. EXECUTED this the 9 day of J 1995. LESSOR: CITY OF NEDERLAND Carl N. LeBlanc, Mayor ATTESTED: Laborma Floyd, Cftt`yj'jje�retary APPROVED: Z� 2 =, �:2 Richard D. Hughes, Ci y Attorney LESSOR: By --42 Eddie Harston King 1 1 1 1 1 000005 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. January 11, 1996 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. DRAINAGE Mayor LeBlanc announced that the purpose of this meeting is to discuss the recent drainage problems experienced during the heavy rains of December 17 and 18, 1995. He added that the City and Drainage District #7 are represented but that the Texas Department of Transportation did not send any representatives. Mayor LeBlanc then introduced Mr. Burt Lee, Director of Jefferson County Drainage District No. 7. Mr. Lee introduced the Commissioners present and members of his staff. He then gave a lengthy description of the operations, duties, and responsibilities of the Drainage District. Mr. Lee stated that his office has all the documents to confirm that the pumps were operational from 9:40 a.m. on Sunday, December 17, 1995 through Tuesday, December 19, 1995 and that anyone was welcome to their office to review them. He also explained to the citizens that part of the problem was blocked drains. He added that they cleaned out everything from tree limbs, garbage bags full of leaves, and childrens swimming pools. He reiterated the need to keep the ditches and canals free from debris. Preston Phillips, Maintenance Director of Drainage District No. 7, and others were present to answer specific questions from citizens. Citizens in attendance who voiced concerns with the drainage were as follows: Herman Miller, 519 So. 1' /z Street Ernie Autin, 319 So. 9 Street Yvonne Phelps, Best Western Motel J. M. Bailey, 1212 So. 36 St. Dewey Romero, 207 So. 12th Street Mike LeDoux, 3704 Park ' Dwayne Morrison, 1019 So. 36th Street Sam Steele, 3603 Franklin Mark DeVillier, 604 So. 8th St. 00000E Minutes continued, January 11, 1996 Eileen Kline, 3016 Nederland Avenue Wendy Goyens, 1304 So. 36th Street David McBride, 1527 So. 37th Street Steve Nelson, 620 So. 11th Street Hadon Jones, 924 Avenue E Dan Crowley, 1224 So. 36th Street Kirk Gillespie, 803 Hunter Ridge G. D. Thompson, 404 So. 3rd Street Brad Metts, 219 - 36th Street Jolei Bayard, 702 So. 9th St. Gary Wells, 404 - 37th Street ' M. Grantham, 307 37th St. Grover Austin, 1003 So. 36th Paul Hempel, 1315 So. 36th St. Bob Keffer, 1307 - 23rd St. Doris Keene, 1108 - 30th St. Teresa Weeks, 608 So. 9th St. Jeff Smith, 1703 Avenue N Several suggestions were made as to how to begin to find a solution. A citizens committee could be formed to review the problems and possible ways to prevent this from happening again. It was also suggested that the District construct a holding pond to relieve some of their canals. Also, an engineering firm could be hired to perform an in depth study of the City and Drainage District's systems. Mayor LeBlanc stated that the City will continue to communicate with the District as well as TXDot on the situation. Mayor LeBlanc also informed the public that the City is currently working on a new ordinance that will hopefully be more restrictive for placing trash in ditches. He added that we will try to conduct another meeting in the future to update the public on further investigations. I ADJOURN There being no further business the meeting was adjourned at 9:40 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: rte° LaDonna Floyd, City Secretary City of Nederland, Texas 1 000007 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahsent 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 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 Mayor 4ity S V `tar. _� �l Secretary Date 00000& REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. January 22, 1996 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 Nagel to approve the minutes of the January 8, 1996 and January 11, 1996 meetings as written. All Voted Aye. PRESENTATION J. C. Randall of the Jefferson County Amateur Radio Club presented the City , with a plaque as a token of appreciation to the City for allowing them to use the city owned building at 923 Boston Avenue for the past 25 years. He thanked the Mayor and City Council for their continued support. AUDIT Chuck Reed, Charles E. Reed & Associates, gave a brief overview of the FY 94 -95 audit. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to accept the FY 94 -95 audit as prepared by Charles E. Reed & Associates. All Voted Aye. WASTEWATER Gary Graham, Schaumburg & Polk, Inc., presented the preliminary engineering TREATMENT study for the City of Nederland's wastewater system. Mr. Graham stated that PLANT the report outlines the improvements to be made to the wastewater treatment plant and collection system based on the review of the project. He added that the selected plan is to convert the existing plant to a complete mix activated sludge plant rated for a maximum ADF of 5.22 mgd and a peak flow of 26.1 mgd, and the discharge of the effluent will be to the Neches River. Their opinion of the probable cost for the total project is $13,040,000. The final , design of some of the units will be dependent on the resolution of certain items contained in the permit application which was submitted to TNRCC. 90000On Minutes continued, January 22, 1996 A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to postpone approving the preliminary engineering study prepared by Schaumburg & Polk, Inc. All Voted Aye. CITY PARKS A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Resolution 1996 -03 adopting a Parks Comprehensive Master Plan for the City of Nederland. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve Resolution 1996 -04 authorizing the submission of a grant to the Texas Parks and Wildlife Department for the development of a new City park ( Rienstra Heritage Park). All Voted Aye. A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to approve engineering services from d.p. Consulting Engineers, Inc. for Rienstra Heritage Park. All Voted Aye. RESOLUTIONS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Resolution 1996 -01 authorizing the City of Nederland to join with other cities to intervene in the Gulf States Utilities rate case. All Voted Aye. ' A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to approve Resolution 1996 -02 authorizing signators for Community Development Block Grant contractual documents. All Voted Aye. SUBDIVISIONS A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve the final plat of LaPlace Village (outside the city limits, but within the extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to authorize the advertisement of bids for a CD ROM Network System for the D. Bob Henson Memorial Library. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $15,280.12 for preliminary design work for the Wastewater Treatment Plant. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel 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. .Ui�QOlU Minutes continued, January 22, 1996 EXECUTIVE The regular meeting was recessed at 7:35 p.m. by Mayor LeBlanc for the SESSION purpose of conducting an Executive Session as authorized by Texas Govern- ment ICode, Chapter 551.071, to discuss pending litigation. RECONVENE The regular meeting was reconvened at 8:32 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 on Wednesday, REPORT January 24, 1996 at approximately 10:00 p.m. there will be low water pressure in the area of South 29th Street to Hwy. 69 from Hwy, 365 to Park Drive in order to do some repair work. ADJOURN There being no further business the meeting was adjourned at 8:40 p.m. by Mayor Carl N. LeBlanc. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas C*a-rTN. LeBlanc, Mayor ' City of Nederland, Texas 1 0 -9001 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Name Title Present Absent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 ti/ 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 Kelly Galloway Asst. to City Mgr. Mayor a C\L City Secretary I / -aa q cs Date 000oi.. CITY OF NEDERLAND RESOLUTION 1996 -03 WHEREAS, the City Council recognizes its responsibility for establishing a Parks Comprehensive Master Plan; and, WHEREAS, in order to insure objectivity, consistency, and equality in meeting the parks and recreation needs ofthe community, it is necessary to document and justify such a Plan in accordance with predetermined and agreed upon goals and objectives; and, WHEREAS, the City Council intends to coordinate the development of Parks Comprehensive Master Plan with other physical development within the City in order to avoid duplication and maximize the effective use of park and open space facilities and services; and, WHEREAS, said goals and objectives should constitute the Parks Comprehensive Master Plan; and, WHEREAS, the City Council has reviewed the Parks Comprehensive Master Plan at a public hearing held thereon; and, WHEREAS, the Parks and Recreation staff has studied and recommended the adoption of such Parks Comprehensive Master Plan. , NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Nederland that the Parks Comprehensive Master Plan be adopted for the City of Nederland; and, THAT, such Parks Comprehensive Master Plan shall remain current with regard to the needs ofthe City of Nederland and reflective of the official views ofthe City Council by an annual review of said plan by the Parks and Recreation staff so it may be amended where and when necessary for annual readoption by the City Council. BE IT FURTHER RESOLVED that said Parks Comprehensive Master Plan shall guide the implementation of capital improvement programs insofar as said programs affect park and open space acquisition and/or improvements. PASSED BY THE CITY COUNCIL ofthe City of Nederland this -7 day of Qn„�, 1996. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 'chard D. Hughes, City ttorney City of Nederland, Texas ICITY OF NEDERLAND RESOLUTION 1996 -04 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT ". DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT ", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM "; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PEIVVIANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approve the "Program" (Section 24 ofthe Parks & Wildlife Code) for the purpose of allowing the political subdivision of the State of Texas to participate in the Program, and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program "; and WHEREAS, the "Applicant" is desirous ofauthorizing an official to represent and act for the "Applicant" in dealing with the "Department' concerning the "Program "; NOW, THEREFORE, BE IT RESOLVED BY THE "APPLICANT ": SECTION 1: That the "Applicant' hereby certifies that they are eligible to receive assistance under the "Program ". SECTION 2: That the "Applicant' hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant' hereby authorizes and directs its City Manager to act for the "Applicant' in dealing with the "Department' for the purpose ofthe "Program ", and Andre Wimer is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant' hereby specifically authorizes the official to make application to the "Department' concerning the site to be known as Rienstra Heritage Park in the City of Nederland for use as a park site. That Rienstra Heritage Park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. INTROD CED, READ AND PASSED by the affirmative vote for the "Applicant' on this y2� day of � nr . IJA4 1996. CITI�OFNEDERL TEXAS C,/"(a- ,�',� Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, tity ecretary APP OVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney UUUU1:3 V V -,0014 RESOLUTION 1996 -01 ' AUTHORIZING THE CITY OF NEDERLAND TO JOIN WITH OTHER CITIES TO INTERVENE IN THE FUEL RATE CASE FILED BY GULF STATES UTILITIES COMPANY, PUBLIC UTILITY COMMISSION DOCKET NO. 15102, AND APPOINTING A REPRESENTATIVE FOR SUCH PROCEEDINGS. WHEREAS, on December 7, 1995, Gulf States Utilities Company ( "GSU ") filed a fuel surcharge case at the Public Utility Commission ( "PUC "), Docket No. 15102; and WHEREAS, at issue in such case is GSU's fuel costs incurred for the period January 1, 1994 to June 30, 1995; and WHEREAS, it is in the public interest to join with other cities to review such filing and present such evidence as may be appropriate before the Public Utility Commission, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The City of Nederland should join with other participating cities -to review GSU's fuel filing and to intervene at the Public Utility Commission, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority. It is specifically understood that this participation will not necessitate the ' expenditure of any funds from the City budget. SECTION 2. The City of Nederland, Texas authorizes the Cities' Steering Committee to retain consultants and otherwise act on the City's behalf in participating in PUC Docket 15102. SECTION 3. The City's representatives are directed to request a hearing in Docket No. 15102. SECTION 4. The City of Nederland, Texas authorizes Richard D. Hughes and the law firm of Butler, Porter, Gay & Day to represent its interest before the PUC in Docket 15102. PASSED AND APPROVED this _? day of, p mal?A 101, , 1996. CW0. AU, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas , APPROVED AS TO FORM AND LEGALITY: Zn.n_ I W,_ Richard D. Hughes, City At rney City of Nederland, Texas CITY OF NEDERLAND ' RESOLUTION 1996 -02 WHEREAS, the City of Nederland has been awarded a Texas Community Development Grant for $222,400.00 from the Texas Department of Housing and Community Affairs, Contract #714120, and WHEREAS, this Grant will be utilized with $46,000.00 of local funds to provide improvements to the City's water and sewer system in the Hillcrest Terrace neighborhood, and WHEREAS, certain documents will need to be signed by authorized persons, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the below listed individuals are designated by the City Council as authorized signators for the following contractual documents: STATE OF TEXAS PURCHASE VOUCHER: a. Andre Wimer, City Manager b. LaDonna Floyd, City Secretary 2. REQUEST FOR ADVANCE OR REIMBURSEMENT: a. Andre Wimer, City Manager b. LaDonna Floyd, City Secretary PASSED AND APPROVED this ova2 day of n,je t,^ 1996. ATTEST: LaDonna Floyd, dity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Zn=4 4� . Richard D. Hughes, Citq Attorney City of Nederland, Texas 1 LGG�,� Carl N. LeBlanc, Mayor City of Nederland, Texas 00001 Qj "4 b. 6:00 p.m. MEETING QUORUM INVOCATION MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 12, 1996 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 Doornbos and seconded by Councilman Sawyer to approve the minutes of the January 22, 1996 meeting as written. All Voted Aye. PRESENTATION Bill Weatherford and Rual Vivrett, Nederland Lions Club, Allen Sturm, South County Breakfast Lions Club, Vera LeBlanc, Business and Professional Lions Club, and Martin Dold, Mid- County Lions Club were present to make a presentation to the City of Nederland. Mr. Weatherford presented a check in the amount of $3,500.00 to Mr. Jim Weaver, Parks and Recreation Director, to be used for a deck in C. Doombos Park. He added that the deck will be 15' x 40' and partially covered with rails and seating. Mr. Weaver thanked the area Lions Clubs for their generous donation. On behalf of the City Council and the citizens of Nederland Mayor LeBlanc expressed his gratitude to the Lions Clubs. PROCLAMATION Mayor LeBlanc presented a Proclamation to Gary Graham declaring February 19 -25, 1996 as "National Engineers Week" in Nederland, Texas. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve a Proclamation declaring February 19 -25, 1996 as "National Engineers Week" in Nederland, Texas. All Voted Aye. ELECTION A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Resolution 1996 -05, calling for an election to be held May 4, 1996 for the purpose of electing a Mayor and two Council members - one from Ward II and one from Ward IV; and, appointing Jeanne Green, Presiding u 1 1 fl 1 1 U'JU U 1'r Minutes continued, February 12, 1996 Judge, and Winifred Morgan as Alternate Presiding Judge, and LaDOnna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. All Voted Aye. PERMITS A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve an application to conduct a taxicab business within Nederland to Lani DeLeon, Texas Seamen's Connection, contingent upon the necessary insurance and inspection documents being submitted to the City Secretary and then approved by the City Attorney. All Voted Aye. PLANNING AND A motion was made by Councilman Sawyer and seconded by Councilman ZONING Doombos to approve the replat of Lots 1, 2, and 3, Block 2, Holiday Heights, COMMISSION Unit I (outside the city limits, but within the extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. WASTEWATER A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff TREATMENT to approve a preliminary engineering study prepared by Schaumburg & Polk, PLANT Inc. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Sawyer to approve a contract supplement authorizing Schaumburg & Polk, Inc. to perform design and construction phase services for the Wastewater Treatment Plant. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nagel to authorize payment to ALLCO, Inc. in the amount of $140,913.95 for Pay Request No. 16, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment of the bills for the month of January, 1996. 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. RECONVENE The regular meeting was reconvened at 7:38 p.m. by Mayor LeBlanc. He announced the Executive Session was held for informational purposes only. , _Uuuk11U Minutes continued, February 12, 1996 COMMENTS The following citizens addressed the Council relative to sewer and drainage problems. I E. A. Autin, 319 South 9 Street Jolei Bayard, 702 South 9 Street Mr. & Mrs. J. Simpson, 511 - 37 St. Lynn Metts, 219 - 36 Street Teresa Weeks, 607 South 9 Street Joseph Neuman, 403 - 36 Street Jake Waller, 2635 Grand, Port Neches Claude Weeks, 2871 Manning, Port Arthur (also owns property located at 607 South 9 Street and 816 South 15 Street) CITY MANAGER Andre Wimer, City Manager, informed the Council that the library consultant will begin developing a building program which will outline recommendations for the new facility. Mr. Wimer stated that city crews have begun cleaning ditches throughout the City. He added that the City Attorney is drafting an ordinance to prohibit residents from placing any type of debris in any drainage ditches. ADJOURN There being no further business the meeting was adjourned at 9:00 p.m. by Mayor LeBlanc. ' N. e anc, Mayor City of Nederland, Texas ATTEST: L onna Floyd, City Secretary City of Nederland, Texas 1 U0()01 J ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 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 Richard Hughes City Attorney Bilk Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. / Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor City Secretary Date CITY OF NEDERLAND "PROGRAMMED PROGRESS" AlidJeffersou Counly, Tex - { kvreab, Ilalionat GnVineers�7 Mee1rr eelan�i[ie�ie� Iii Ike ![alionaI Society of froledeionaC GnVineerd in 195 f, is cegQUraled in cloee proximity to �eorVe WajAinglon Ij krldudag, recognizing It tat our /iril United Jlale6 preeiLnl /wad dioldi a military and agrric�7uClur.1—gineer and l —nal r of l��/e /irol eaVineeriarf ecA.ol, now %rnown a! I/w U.S. /Y/ilitaryJdcardemy at I/Veil �in1, //ew Yr4i anI J. oke�7rpvance oII413 weed, lAe Sabine Cdiapter olldie 5exa.4 Society o�� jeeeion.I eng;neerd will sponeor 14eir annual la�nrluel,7to recognize e�7nprgineers /rom oor7,7arva woo diave utilizerd heir ecienlifac — dppleCAnicaC lrrtowI dge and AAA in exceptionally creative and iartovalive ways to dieCp lulls I%ie needs 01 eociel yi and Jrrril -ore, will award o amar Ulaivereily en©ineerinq ecdio[ rj4ipe to Ai fdi echoaC elw%nle wL huwe pe loaned U4 Llinc[ ion a tdiey pmpare 1. meet the c4aC .Vee 4Ide suture. JJJeCe50k ., IA, City ! /[ederlanrd 4an., prolveeionaC engineers [hrouglioul our area and doee dierety procLaim Ae weed: of Jotruary f 9 14mug4 25 ae u I liortaC Grtvineers Weedy u in 64A are encourajej all c�ilizene to appLurd ldie .Hoyle o�our LcaC enginecrs wdiose 64A are central to our qualit y o�li1e anrd our nation a compelitivenede. Gxecu[e� Ili, f21A da f o��e�ruarJ, f 996. Car? . o/2L.c, q., Ateet: G30021 RESOLUTION 1996 -05 ' A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 4, 1996; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION 1S PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland, provide that on May 4, 1996 there shall be elected the following officials for this city: Mayor One (1) Council member, Ward 11 One (1) Council member, Ward IV WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That all independent candidates at the election to be held on the first Saturday in May, 1996, for the above mentioned offices file their application to have their name placed on the ballot with the ' City Secretary at City Hall, 1400 Boston Avenue, Nederland, Texas, not earlier that forty -five (45) days before the election or later than thirty (30) days before the election in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be February 20, 1996 at 8:00 a.m., with the last date for filing to be March 20, 1996 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Election Code. The City of Nederland has one polling place located in the City Office Building, 1400 Boston Avenue, Nederland, Texas. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Voting at such election shall be upon punch cards prepared in conformity to the Texas Election Code. The following named persons are hereby appointed officers for said election: Jeanne Green will serve as Presiding Judge and Winifred Morgan will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed three (3) clerks. The polls at the above designated polling place shall on said election day be open from 7:00 a.m. to 7:00 p.m. LaDonna Floyd is hereby appointed Clerk for Early Voting. The early voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of early voting shall remain open for at least eight (8) hours on each day for early voting which is not a Saturday, Sunday, or an official State holiday, beginning on the nineteenth (19th) day (the 20th day being a Sunday), and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said early voting. The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mail may be sent. IGG002? The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Jeanne Green is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. LaDonna Floyd is hereby appointed to I serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election Code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessibly to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 12th day of February, 1996. 3, ! z /�' KAA: �.' - Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ' LaDonna Floyd, pity ecretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ofty, Attorney 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 6:00 p.m. DATE, TIME & PLACE QUORUM INVOCATION MINUTES CITY OF NEDERLAND February 26, 1996 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 Nagel and seconded by Councilman Sawyer to approve the minutes of the meeting of February 12, 1996 as written. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:01 p.m. by Mayor LeBlanc for the purpose of received comments on the Texas Community Development Block Grant Program as administered by the Texas Department of Housing and Community Affairs. Randy Blanks, David J. Waxman, Inc., explained to the Council and citizens in attendance that this is the first required Public Hearing in order to apply for CDBG funds to upgrade sewer lines. He further explained that a survey is in the process of being conducted to determine if a specific area contains enough low to moderate income residents to be able to apply for the funds. Mr. Blanks added that another Public Hearing will be necessary prior to the April 8th deadline for submitting applications to the State. E. A. Autin, 319 South 9th Street, asked Mr. Blanks to further explain the areas in which these funds could be used. Mr. Blanks stated that the highest ratings are given to water and sewer line rehabilitation. Joseph Neumann, 403 - 36th Street, asked if these funds could be used for flooding. Mr. Blanks informed him that they could, but that it is for low to moderate income neighborhoods only. ' Jake Waller, Port Neches, asked if this would be for low income housing of any kind. Mr. Blanks stated that this would have nothing to do with Section 8 housing. U LMU 4.;; Minutes continued, February 26, 1996 RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was called back to order at 6:13 p.m. WAIVER A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize the Jefferson County Mosquito Control to fly planes at low levels over the territory under the City of Nederland jurisdiction for mosquito control purposes. All Voted Aye. PAYMENT A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize payment to ALLCO, Inc. in the amount of $98,225.98 for Pay Request No. 17, Water Treatment Plant construction. All Voted Aye. COMMENTS Herman O. Miller, 519 South 1' /z Street, addressed Council regarding flooding on his street. Johnny Simpson, 511 - 37th Street, addressed Council regarding an 1/1 plan for the City of Nederland. E. A. Autin, 319 South 9th Street, addressed Council on water test fraud (TES Laboratories) and the City's 5 -year Capital Plan. Teresa Weeks, 607 South 9th Street, addressed Council regarding the revisions of the Wastewater Treatment Plant. Dan Crowley, 1224 South 36th Street, addressed Council regarding City water line replacement and sewage. EXECUTIVE The regular meeting was recessed at 6:36 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 - Fire Chief. RECONVENE The regular meeting was reconvened at 7:05 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only. L�� 1 CITY MANAGER Andr6 Wimer, City Manager, reported that Southwestern Bell Telephone will I be opening bids soon for relocating their line that is contributing to drainage problems in a Drainage District No. 7 ditch. 6J -0V2v Minutes continued, February 26, 1996 Mr. Wimer informed Council that the Texas Department of Transportation ' has not yet begun their study on South Hwy. 69 relative to drainage. The City Manager stated that the Librarian is conducting a user survey to determine the needs for the new facility. Ms. Klehn will be placing the surveys in the library, City Hall, NationsBank and Market Basket. Mr. Wimer reported that GTE will be installing a tower near Twin City Hwy. @ Avenue M. The City currently has no ordinance regulating these types of towers. ADJOURN There being no further business the meeting was adjourned at 7:11 p.m. by Mayor LeBlanc. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 Ca . e lanc, Vayor City of Nederland, Texas 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 Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief V/' Cheryl Dowden City Treasurer l/ Kelly Galloway Asst. to City Mgr. / Steve Hamilton Public Works Dir. Rod Hatch Building Official / Jim Weaver Parks Director ✓ Victoria Klehn Librarian ✓ Mayor City Secretary —(gip Date 1 1 EMERGENCY MEETING OF THE CITY COUNCIL OF THE 4:00 p.m. DATE, TIME & PLACE QUORUM INVOCATION CITY OF NEDERLAND G30027 February 28, 1996 The meeting was called to order at 4:00 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 Mayor Carl N. LeBlanc. STREETS Andre Wimer, City Manager, informed the Council that it was brought to the City's attention earlier today that the annual Nederland Heritage Festival Fun Run is being held Sunday, March 3, 1996, and they had not requested that the streets be closed. He added that due to the hundreds of children and adults participating in this event it was a threat to the safety of participants to allow vehicular traffic along the affected streets. A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to authorize temporarily closing certain streets on Sunday, March 3, 1996, for the purpose of conducting the Fun Run sponsored by the Nederland Heritage Festival; and, to authorize closing Boston Avenue from 14th Street to 17th Street and 17th Street from Atlanta to Detroit for the annual Nederland Heritage Festival. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 4:08 p.m. by Mayor LeBlanc. - (�� A� a'LC , Car N. LeBlanc, Mayor City of Nederland, Texas ATTEST: ' LaDonna Floyd, City Secretary City of Nederland, Texas (i�vU�u 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 Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor v City Secretary i C�1,o28- gi(.0 I Date 600020 ' SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. March 4, 1996 TIME & PLACE The meeting was called to order at 4:00 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 Nagel and seconded by Mayor LeBlanc to approve the minutes of the February 26, 1996 and February 29, 1996 meetings as written. All Voted Aye. STREETS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to approve the street closure of Boston Avenue from 14th Street to 17th Street and 17th Street from Atlanta to Detroit from March 8 -18, 1996 for the annual Nederland Heritage Festival. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 4:05 p.m. by Mayor LeBlanc. Ca-rTN. rjErlane, Mayor City of Nederland, Texas ATTEST: Lois Coco, Acting City Secretary ' City of Nederland, Texas 1000030 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahcant Carl N. LeBlanc Mayor ,/ Robert D. Sawyer Councilman Ward 1 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 Kelly Galloway Asst. to City Mgr. ✓ Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor ✓ (1 A-, C dL City Secretary. Acting '3 -q-9(0 Date ()JU031 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 11, 1996 TIME & PLACE The meeting was called to order at 6:00 p.m. by Mayor Carl N. LeBlanc at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. INVOCATION The invocation was given by Councilman Billy W. Doornbos. MINUTES A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to approve the minutes of the Special Meeting of March 4, 1996 as written. All Voted Aye. COMMUNITY Andre Wimer, City Manager, informed the Council that the City must decide DEVELOPMENT on a project for Community Development Block Grant funds in order to apply BLOCK GRANT for these funds. He stated that a survey to determine low to moderate income levels has been conducted in Wagner Addition and it appears this area will qualify. Wagner Addition was included in the report conducted by Schaumburg and Polk, Inc. regarding the City's wastewater system problems and the approximate cost to replace lines and construct a lift station is $500,000.00. Mr. Wimer added that the amount granted would be a maximum of $250,000.00 with the City contributing matching funds. It was the consensus of the Council that this would be an excellent project to apply for grant funds. WATER Andre Wimer, City Manager, gave a brief overview of the Preliminary Survey STORAGE TANKS Report on the City's six water storage tanks as prepared by Don S. Reichle & Associates. He added that the tank that is in the most need of repairs appears to be the ground storage tank located at the current Water Treatment Plant. The approximate cost to do repairs on all the tanks is $1,000,000.00. A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to accept the preliminary survey report from Don S. Reichle & Associates regarding the City of Nederland water storage tanks. All Voted Aye. f�<<0193 ti Minutes continued, March 11, 1996 CONTRACTS/ A motion was made by Mayor LeBlanc and seconded by Councilman AGREEMENTS Doornbos to postpone approving Resolutions for a contract with Browning- Ferris, Inc. for landfill services, and residential recyclable materials collection and delivery service for the cities of Nederland, Port Neches, and Groves (M.C.M.L.). All Voted Aye. A motion was made by Councilman Doombos and seconded by Councilman Nagel to approve a contract with Costello, Inc. for the performance of a drainage study and assistance in preparing an application to the Texas Water Development Board contingent upon deleting Section 6.4 of the contract and inserting that the total fees and costs shall not exceed $5,000.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve an amendment to the Cobra Administration Agreement between the Texas Municipal League Group Benefits Risk Pool and the City of Nederland changing the term COBRA to "Continuation of Coverage" throughout the agreement. All Voted Aye. ORDINANCES A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve an Amendment to Ordinance No. 78, prohibiting the deposit of debris in drainage ditches. All Voted Aye. I CITY SERVICES A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to authorize reimbursement for utilities not to exceed $2,000.00 each for the Nederland Babe Ruth League, Mid County Senior Babe Ruth League, Nederland South Little League, and Girls' Softball League for the 1996 season (water, sewer, gas, lights, and garbage). All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to award bids received for a CD ROM network for the D. Bob Henson Memorial Library to Computers +, Beaumont, TX, in the amount of $22,306.00. All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to authorize payment to KSA Engineers, Inc. in the amount of $2,297.37 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 of the bills for the month of February, 1996. All Voted Aye. arkR'.111=j•• Minutes continued, March 11, 196 I COMMENTS Mike Norris, 1208 South 36th Street, addressed Council relative to replacement of a water line along the 1200 block of 36th Street. EXECUTIVE The regular meeting was recessed at 7:00 p.m. by Mayor LeBlanc for the SESSION purpose conducting an Executive Session as authorized by Texas Govern- ment Code, Chapter 551.071, to discuss pending litigation. RECONVENE The regular meeting was reconvened at 7:38 p.m. Mayor LeBlanc announced that the Executive Session was held for informational purposes only. CITY MANAGER Andre Wimer, City Manager, informed the Council that Burger King in Orange REPORT has donated a piece of playground equipment to the Parks & Recreation Department which will be placed at Doornbos Park. He added that Burger King at IH -10 and MLK has also donated a large piece of playground equipment which will be placed at the neighborhood park on Boston Avenue. Mr. Wimer reported that the library has been awarded a $500.00 grant through HALS. ' The City Manager stated that the City has begun using prisoners from the Stiles Unit and this has turned out to be a very productive move. Mr. Wimer informed the Council that the documents transferring ownership of the building donated to the City by Mr. Ed Hughes will be on the next agenda for approval. Councilman Sawyer reported that the neighborhood park on Boston Avenue is in need of repairs. Richard Hughes, City Attorney, took this opportunity to clarify an article which appeared in the Sunday edition of the Beaumont Enterprise. The article stated that he was unable to find any reason which would prohibit the Ku Klux Klan from renting the Recreation Center. Mr. Hughes felt this was very misleading to the public and he felt that it should have stated that there was no legal reason why the City could deny them access. 1 Minutes continued, March 11, 1996 ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by ' Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas 1 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 tvnm Titter 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 Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer / Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official V/ Jim Weaver Parks Director Victoria Klehn Librarian City Secretary Date ')jUUju AMENDMENT TO THE ' COBRA ADMINISTRATION AGREEMENT The following is agreed and made a part of the COBRA Administration Agreement between the Texas Municipal League Group Benefits Risk Pool and the undersigned Employer: 1. The Agreement title is changed to "Continuation of Coverage Administrative Agreement ". 2. The term "COBRA' is replaced throughout the agreement with the term "Continuation of Coverage" This amendment is agreed to and accepted by: S /CARL N. LEBLANC MNEDERLO Signature Employer Member /Group Name Carl N. LeBlanc ' Print or Type Name Mayor March 11, 1996 Official Title Date Agreed and accepted for the Texas Municipal League Group Benefits Risk Pool by: Executi ector Date Terry D. Hale TML GROUP 11 !EnTS RISK POOL V01.Il;J a AN AMENDMENT TO ORDINANCE 78 ' AN ORDINANCE AMENDING CHAPTER 54, ARTICLE III, OF THE CODE OF ORDINANCES TO PROHIBIT THE DEPOSIT OF TRASH, GARBAGE AND OTHER SUBSTANCES AND MATERIALS IN AND AROUND STORM SEWERS, DRAINAGE DITCHES AND OTHER DRAINAGE DEVICES IN ORDER TO MITIGATE THE POTENTIAL FOR FLOODING; AND PROVIDING A PENALTY FOR VIOLATION RECITALS The City Council of the City of Nederland desires to amend Chapter 54, Article III, Sanitation, by adding Section 54 -77 which prohibits the deposit of trash, garbage and other substances and materials in and around storm sewers, drainage ditches and other drainage devices in order to mitigate the potential for flooding; and providing a penalty for violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That Chapter 54, Article III, of the Code of Ordinances, City of Nederland, Texas, is amended by adding a section, to be numbered 54 -77, which reads as follows: Sec. 54 -77. Unlawful Obstruction of Storm Water and Drainage Devices (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly place, throw or deposit, or cause to be placed, thrown or deposited, into any storm sewer, storm drain or ditch, or any drainage device which carries storm waters, surface waters or drainage, or into a structure in which a flow of rain water occurs, either continuously or intermittently, including any drainage ditch, canal, drain, or gutter, or along the margin thereof, as to be carried into said storm sewer, storm drain, drainage device or drainage structure by rain water, flood water, or otherwise, within the municipal jurisdiction of this City, any garbage, trash, debris, grass, weeds, trees and shrubs or parts thereof, dead animals, or any thing or substance, which may cause an obstruction of drainage facilities. (b) Any person who is found to have violated any provision of this Section shall, upon conviction, be punishable by a fine as provided in Section 1 -4 for each act of violation and for each day ' of violation. The penalties in this Section shall be cumulative and not exclusive of any other rights or remedies the City may have. vt.`vv0tJ (c) In addition to fines and penalties, the City shall have the authority to have the unlawfully deposited materials removed and to assess all costs therefore against the person or persons responsible. " WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication of the caption of this Amendment. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND this /1 day of :do 1996. - Carl N. LeBlanc, Mayor ATTEST: X(t�UCrnrtn - �LaDonna Floyd , APPROVED AS TO FORM AND LEGALITY: chard D. Hughes, City Attorney it i 6:00 p.m. �I t REGULAR MEETING OF THE CITY COUNCIL OF THE TIME & PLACE QUORUM INVOCATION CITY OF NEDERLAND March 25, 1996 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 Sawyer and seconded by Mayor LeBlanc to approve the minutes of the March 11, 1996 meeting as written contingent upon changing Mr. Norris' request to reflect South 36th Street. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing was called to order HEARING at 6:01 p.m. for the purpose of discussing the Texas Community Development Block Grant Program as administered by the Texas Department of Housing and Community Affairs. Randy Blanks, David J. Waxman, Inc., announced that this was the second required Public Hearing in the grant application process. He then further explained that the application would be for $250,000.00 of grant funds to carry out sewer improvements in the Wagner Addition which would consist of line replacement, force main, clean outs, manholes, force main road bore, sewer re- connects, and a lift station. Mr. Blanks added that the total cost of the project (construction, land acquisition, and engineering) is estimated to be $610,450.00, with the City's portion of the funding equalling $360,450.00. These estimates are based on the study performed by Schaumburg and Polk. Jake Waller, Jr., Port Neches, asked if the estimates are found to be low would the City still be in a position to complete the project. Andre Wimer, City Manager, responded that this project is included in the $13,000,000.00 sewer system improvements the City is going to have to fund, therefore, the project will be completed even if no grant funds are obtained. O ij U4t) Minutes continued, March 25, 1996 RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:07 p.m. I RESOLUTION A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve Resolution No. 1996 -07, authorizing the submission of a Texas Community Development Program application to the Texas Department of Housing and Community Affairs for the Community Development Project Fund. All Voted Aye. PROCLAMATION Mayor LeBlanc presented Rogena Nealy, Executive Director, Rape and Suicide Crisis of South East Texas, Inc., with a Proclamation declaring the month of April, 1996 as "Sexual Assault Awareness Month" in Nederland, Texas. A motion was made by Councilman Doornbos and seconded by Councilman Radcliff to approve a Proclamation declaring the month of April, 1996 as "Sexual Assault Awareness Month" in Nederland, Texas. All Voted Aye. PRESENTATIONS Ed Anderson, Chairman of the Jefferson County Seniors and Law Together Advisory Council, explained to the Council that their organization, TRIAD, is a cooperative effort between law enforcement officials, older and retired citizens and other community leaders in a geographical area who agree to work together to reduce criminal victimization of older adults. Mr. Anderson thanked the City for allowing Kenneth Segrest, Assistant Chief of Police, to be a part of the organization. He invited everyone to attend the First Annual Senior Safety Fair to be held at Central Mall on May 7, 1996. The Fair is designed to be educational and informative to older adults and as an opportunity for law enforcement agencies to give valuable information and suggestions about safety to older people. He added that sometime in the near future he may be approaching the Council to appoint one or two seniors from Nederland to serve on their Council for a 1 -3 year term. Mayor LeBlanc responded that they would be happy to appoint a representative. Richard Cox, Team City Nederland - Chamber of Commerce, explained that the main purpose of aTeam City is to promote economic development in Nederland. The members of the Chamber of Commerce Team City committee are: Candace Blanton, Richard Cox, Cindy Clifton, Keith Fontenot, Mike Guidry, Craig Melancon, John Oliver, H. C. Youmans, and Rod Kinsey. Carolyn Mod, Entergy, presented the Mayor with a plaque redesignating Nederland as a Team City. U41 Minutes continued, March 25, 1996 Mayor LeBlanc thanked Entergy and the Chamber of Commerce for their efforts in promoting Nederland. WASTEWATER Andre Wimer, City Manager, stated that the City will have to incur TREATMENT approximately $13,000,000.00 to fund the Wastewater Treatment Plant. He PLANT added that there are several options the Council can choose in order to fund the plant. The options are State Revolving Loan Fund, Single $13,000,000.00 Debt Issue, and Multiple Debt Issue. Mr. Wimer stated that he would recommend the multiple debt issue with $5,000,000.00 in the first year, $5,000,000.00 in the second year, and $3,000,000.00 in the third year. He added that this would enable the City to pay current bond debt with the interest on this issue. The City's debt will significantly decrease in the year 2001 due to existing bonds being paid off. Mr. Wimer felt this would cause the least impact on the citizens. Jim Gilley, Coastal Securities, Ltd., expressed that he agreed with the City Manager and felt the multiple debt issue would be in the best interest of the City and the citizens. This option would allow for the easiest impact on existing debt. These three issues would be paid off in 23 years. E. A. Autin, 319 South 9th Street, questioned the wisdom of deferring payments. Mr. Gilley responded that in the year 2001 the City's debt will significantly decrease and if the payments are deferred until that time the interest can be used to pay off existing debt. This would be the best alternative to cause the least amount of impact on the taxpayers. Jake Waller, Jr., Port Neches, asked Mr. Gilley to further explain the 23 year pay off. Mr. Gilley explained that each issue would be paid in 20 years, therefore, the three issues would be all be paid within 23 years. Mr. Autin asked the City Manager for a time line on construction. Mr. Wimer stated that construction would begin in about one year with completion around the Spring of 1999. He further explained that this item will appear on an agenda sometime in the near future for the Council to decide which option they wish to select. DONATION A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve Resolution 1996 -08 accepting real property and improvements from Nederland Mid -Way, Inc. (Ed Hughes, President), approving all transfer documents and authorizing payment for title insurance and other closing costs associated with the transfer. All Voted Aye. 042 Minutes continued, March 26, 1996 ORDINANCES A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to approve an Amendment to Ordinance No. 147, personnel policy, changing the term COBRA to continuation of coverage throughout the policy. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve Ordinance No. 1996 -01, establishing Parks and Recreation fees. All Voted Aye. A motion was made by Councilman Doombos and seconded by Mayor LeBlanc to approve Ordinance No. 1996 -02, establishing Library fees. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve an Amendment to Ordinance No. 333, Standard Fire Prevention Code. All Voted Aye. WATER A motion was made by Councilman Sawyer and seconded by Councilman STORAGE TANKS Nagel to approve a contract with Don Reichle & Associates for an additional analysis of a water storage tank. All Voted Aye. CONTRACTS/ A motion was made by Mayor LeBlanc and seconded by Councilman AGREEMENTS Doombos to postpone approving a contract with the South East Texas Regional Planning Commission for a Solid Waste Grant. All Voted Aye. BIDS A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to authorize the advertisement for bids for one (1) hydraulic loader and truck body (trash truck) for the Sanitation Department and one (1) dump truck for the Water Department. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize payment to Allco, Inc. in the amount of $49,589.39 for Pay Request No. 18, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Doombos and seconded by Councilman Sawyer to authorize payment to David J. Waxman, Inc. in the amount of $10,500.00 for professional services in connection with the 1994 -1995 Texas Community Development Block Grant - water and sewer project. All Voted Aye. 1 Minutes continued, March 26, 1996 EXECUTIVE The regular meeting was adjourned at 7:45 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, and Chapter 551.074, to discuss personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. RECONVENE The regular meeting was reconvened at 8:20 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only. CITY MANAGER Andre Wimer, City Manager, reported that the Water Treatment Plant is now scheduled to be completed by April 18, 1996. The City Manager also reported that the wiring has begun for the CD ROM at the Library. Mr. Wimer stated that he will review the BFI landfill contract regarding businesses who do not pay for garbage service using the landfill. If they are using the landfill at this time the City is reimbursing BFI just as we do for residents. Councilman Nagel asked about the status of the roof repairs at City Hall. Mr. Wimer responded that at the time of the repairs we will also be replacing the heating and air conditioning units and he will report back on this. He will also review the need for an engineer on this type of work. Councilman Doornbos asked about the traffic signal on Boston @ 12th Street. After a discussion it was the consensus that the traffic signal be repaired. ADJOURN There being no further business the meeting was adjourned at 8:38 p.m. by Mayor LeBlanc. N. CWc, Vayo r City of Nederland, Texas ATTEST: '�L{` nnafl c�� Oriria Floyd, City City of Nederland, Texas A'J4A 044 CITY OF NEDERLAND , COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahcrnt 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 ✓ Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer ,✓ Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official i/ Jim Weaver Parks Director Victoria Klehn Librarian ✓ Mayor City Secretary .J -qcp Date 1 LJ RESOLUTION 1996 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTIORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO TIIE TEXAS DEPARTMENT OF IIOUSING AND COMMUNITY AFFAIRS FOR TIIE COMMUNITY DEVELOPMENT PROJECT FUND; AND AUTHORIZING TIIE MAYOR TO ACT AS TIIE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for funding under the 1996 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $250,000.00 of grant funds to carry out sewer improvements in the Wagner Addition. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Nederland is committing $360,450.00 from its local fund as a cash contribution toward the project activities of this Sewer Improvements Project and $ -0- in -kind services. PASSED AND APPROVED this o?.S day of _, 1996. - 04 2Z, Z& - el-91 Z??, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: .L� Richard 15' ity Attorney City of Nederland, Texas 04 5 04G CITY OF NEDERLAND A PROCLAMATION Whereas, sexual assault affects every person in Nederland as a victim /survivor of sexual assault or as a family member, significant other, friend, neighbor, or co- worker; and Whereas, this year's theme: "Listen to the Children" reflects the goal of sexual assault programs to create an awareness of how children in Nederland communicate to adults that they are victims of child sexual abuse and how adults can respond at the personal and institutional levels; and Whereas, many citizens of Nederland are working to provide quality services and assistance to sexual assault survivors; and twenty volunteers help staff 24 -hour hotlines, respond to emergency calls and offer support, comfort and advocacy during medical exams and criminal justice proceedings; and Whereas, Rape and Suicide Crisis Center of Southeast Texas, Inc. volunteers and staff promote sexual assault awareness and avoidance by offering educational programs to schools, churches and civic organizations, as well as professional training to medical, mental health, law enforcement education and criminal justice personnel regarding sexual assault issues; and Whereas, Rape and Suicide Crisis Center of Southeast Texas, Inc. and other professionals and advocates of non - violence have joined together as the Texas Association Against Sexual Assault (TAASA) to support each other in our work and to provide Nederland and the State of Texas and our citizens with a central source of information of sexual assault; and Whereas, during the month of April, Rape and Suicide Crisis Center of Southeast Texas, Inc. will be intensifying efforts to promote public understanding of sexual violence and victims of sexual violence and Rape and Suicide Crisis Center of Southeast Texas, Inc. will be emphasizing the need for citizen involvement in efforts to reduce sexual assault through public education and changing public attitudes; and Whereas, Rape and Suicide Crisis Center of Southeast Texas, Inc. will also be working to publicize their services, increase community support for their agency and increasing awareness of the healing potential for survivors: Now, Therefore, I, Carl N. "Cropo" LeBlanc, Mayor of the City of Nederland, do hereby designate April 1996 as "Sexual Assault Awareness Month" in Nederland, Texas. In Witness Thereof, I hereunto set my hand and have caused the Seal of the City of Nederland to be affixed this 25th day of March, 1996. Carl Nr "Cropo' LeBlanc, Mayor City of Nederland, Texas ATTEST: -LaDOnna Floyd, City Secretary City of Nederland, Texas 1 1 1 047 CITY OF NEDERLAND RESOLUTION NO. 1996 -08 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, ACCEPTING GIFT DEED FROM NEDERLAND MID-WAY, INC. TO THE CITY OF NEDERLAND. WHEREAS, a General Warranty Gift Deed from Nederland Mid -Way, Inc. (Ed Hughes, President), conveying part of Lot "A ", Youman's Addition No. 2, Nederland, Jefferson County, Texas, together with associated transfer and closing documents, have been presented to the City Council of the City of Nederland for its acceptance; WHEREAS, the City Council of the City of Nederland recognizes a compelling need to expand its existing library facilities to obtain additional seating space, shelf space, visual control of the circulation and referenced areas, adequate work space for staff or storage, and to meet other criteria established by the Texas Library Association; WHEREAS, the City Council of the City of Nederland acknowledges that its acceptance of the building property now being made available by the magnanimous gift of Ed Hughes, one of Nederland's most valued citizens, will allow the D. Bob Henson Memorial Library to relocate to a more visible, accessible area, while expanding from a 4,000 square foot building to approximately 15,000 square feet, providing greater parking space, and meeting or exceeding the minimum criteria established for libraries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEDERLAND,TEXAS: ' 1. The General Warranty Gift Deed presented by Nederland Mid -Way, Inc. (Mr. Ed Hughes, President) is hereby accepted by the City of Nederland; 2. The Mayor or City Manager is hereby authorized to execute the General Warranty Gift Deed, Party Wall Agreement, and all related transfer and closing documents on behalf of the City of Nederland; and 3. The City of Nederland is authorized to disburse funds for the payment of title insurance, closing costs, and recording fees associated with this transfer of property. PASSED AND APPROVED this the c25 day of 7" 1gAtj , 1996. c��• 1t- 2 �G %�GG�i Carl N. LeBlanc, Mayor ATTEST: UDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney U4b AN AMENDMENT TO ORDINANCE 147 AN ORDINANCE AMENDING THE CITY OF NEDERLAND ' PERSONNEL POLICY DEALING WITH GROUP INSURANCE CONTINUED COVERAGE AND SETTING AN EFFECTIVE DATE WHEREAS, the term "COBRA" in the current City of Nederland Personnel Policy may improperly infer that the City of Nederland is subject to ERISA; WHEREAS, federal law requires political subdivisions to offer a "continuation of coverage" of insurance benefits to qualified employees utilizing the same rules set forth in COBRA; and WHEREAS, since the City of Nederland, as a political subdivision, is not subject to ERISA, the City of Nederland Personnel Policy should be amended to accurately reflect the proper terminology. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The City of Nederland Personnel Policy, Section 3. 10, relating to the continuation of group insurance is amended to read as follows: "The existing federal law provides individuals with the option of continuing group health and dental insurance coverage, under specified conditions and at the individual's full expense, beyond the date which the insurance would otherwise terminate. The City of Nederland's Personnel Office has information regarding ' the continuation of these benefits. It is the responsibility of the employee to notify the Personnel Office as to any changes which might affect their continuation of coverage." WHEN EFFECTIVE: This Amendment shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND this o75 day of ---f�w-PA 1996. Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: l i Richard D. Hughe , City Attorney 044 ORDINANCE NO. 1996 -01 ' AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING PRICE PLANS, FACILITY RENTAL FEES, POOL RENTAL /PASSES AND LEAGUE FEES FOR THE NEDERLAND RECREATIONAL CENTER AS SHOWN IN EXHIBIT "A" ATTACHED. WHEREAS, the City Council of the City of Nederland has been presented a schedule of rental fees for the Nederland Recreational Center for its acceptance and adoption, including non- resident price plans, facility rental fees, pool rental /passes and league fees; WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the Nederland Recreational Center as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the schedule of rental fees for the Nederland Recreational Center as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this Ordinance shall take effect and be in force from and after its passage and publication according to law. PASSED AND APPROVED this o�,2S day of dM& , 1996. _ O."ti, Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: cl 0 a Laborma Floyd, City gecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. High et, City Attorney City of Nederland, Texas 011)" Nederland Recreation Center NON - RESIDENT PRICE PLANS * *Building Hours - Open for Public Use FACILITY RENTAL FEES Monday through Thursday 7a.m.- 10p.m. Friday 7 a.m. - 5 p. m. Saturday 9 a.m. - 5 P.M. Sunday Closed Individual Individual Individual Family Family Family Daily Monthly Quarterly Annual Monthly Quarterly Annual [Plan A* $1.00 $12.00 $24.00 $72.00 $30.00 $48.00 $108.00 Plan B* $5.00 $30.00 $80.00 $200.00 $75.00 $100.00 $290.00 *Plan A for non - resident within NISD boundaries; Plan B non - residents without NISD boundaries Hoo -n -S ike Club Racquetball Courts $3.00 1hr Max. 2 hours Softball Field Gym Use $24.00 $80.00 $35.00 $52.00 $110.00 * *Building Hours - Open for Public Use FACILITY RENTAL FEES Monday through Thursday 7a.m.- 10p.m. Friday 7 a.m. - 5 p. m. Saturday 9 a.m. - 5 P.M. Sunday Closed POOL RENTALS /PASSES Deposit Fees Rental $30 $2 /Swimmer minimum $60.00 Daily Monthly Season Swim Pass $2.00 $25.00 $65.00 LEAGUE FEES * *Rental Times Business hour rate- Stipulation After -hour rate Deposit Gym Family Night (Thurs.) min. 2 hr. $15.00/hour $40.00 Lounge /Kitchen $10.00 /hour $15.00 1hour $20.00 Classroom $10.00 /hour $15.00 /hour $20.00 Game room after hours $15.00 /hour $20.00 Entire facility after hours $35.00 /hour $50.00 Racquetball Courts $3.00 1hr Max. 2 hours Softball Field $15.00 /hour $50.00 Pavilion clean up after use $50.00 POOL RENTALS /PASSES Deposit Fees Rental $30 $2 /Swimmer minimum $60.00 Daily Monthly Season Swim Pass $2.00 $25.00 $65.00 LEAGUE FEES * *Rental Times Tuesday -Friday (Ex Thursdays) 7:15 p.m. - 9:15 p.m. Saturday 10 a.m. - 12 p.m. Family Night (Thurs.) 7:15 p.m. - 9:15 p.m. Sunday 5:15 p.m. - 7:15 p.m. * *Pool Hours Tuesday - Saturday 1 p.m. - 7 p. m. Sunday 1 p.m. - 5 p.m. Family Night (Thurs.) 7 P.M. - 9 P.M. Monday Closed for maintenance Fees Stipulation Softball $300.00 Includes ASA umpire fee, TAAF registration Basketball $80.00 Teams pay referees $12 1game Flag Football $80.00 Teams pay referees $12 /game Tournaments, Classes & Clinics 80/20 split generated income Responsible for security arrangements ffiIBIT "A" LI 1 1 051 ORDINANCE NO. 1996 -_Q2- ' AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING A FEE SCHEDULE INCLUDING OVERDUE FINES, LOST AND DAMAGE FEES, PROCESSING FEES, AND MISCELLANEOUS FEES FOR THE D. BOB HENSON MEMORIAL LIBRARY AS SHOWN IN EXHIBIT "A" ATTACHED. WHEREAS, the City Council of the City of Nederland has been presented a schedule of fees for the D. Bob Henson Memorial Library for its acceptance and adoption, including a fee schedule for overdue fines, lost and damage fees, processing fees, and miscellaneous fees; WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the D. Bob Henson Memorial Library as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the schedule of fees for the D. Bob Henson Memorial Library as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this Ordinance shall take effect and be in force from and after its passage and publication according to law. PASSED AND APPROVED this QZS day of 1996. c��. � Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: Labonna Floyd, City �ecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas G5'? D. BOB HENSON MEMORIAL LIBRARY FEESCHEDULE I- ITEM OVERDUE FINES LOST OR DAMAGED FEE * YKOCESsINC FEE Books, adult $0.10 /dav $25.00 $5.00 Rooks, juvenile $0.10 /day $15.00 $5.00 Paperbacks, uncataloged $0.10 /daF $5.00 $1.00 Books on wpe, adult $0.10 /day $20.00 $5.00 Books on tape, juvenile $0.10 /daN $15.00 $5.00 Videotapes $1.00h1ay $35.00 $5.00 Cassette kits $0.10 /day $10.00 $3.00 Periodicals $0.10 /day $3.00 $1.00 Art prints $1.00 /day $75.00 $5.00 MISCELLANEOUS ITEMS Video case $0.50 Cassette kit bag $0.50 113arcode $0.50 * If the cost of the item is known, it will be assessed. MISCELLANEOUS FEES ITEM FEE Lost borrowers cards $3.00 Photocopies $0.15 Microfilm copies $0.25 Computer printouts first 10 free, thcrealler $0.15 Non- resident fee (does not apply to city employees, NISD students, or NISD teachers) $25.00 Video returned in book drop $2.00 EXHIBIT "A" I 1 AN AMENDMENT TO ORDINANCE 333 AN ORDINANCE AMENDING CHAPTER 46, ARTICLE III OF THE CODE ' OF ORDINANCES, SECTIONS 46 -56 AND 47 -57, DEALING WITH THE STANDARD FIRE PREVENTION CODE TO PROVIDE FOR HAZARDOUS MATERIALS RESPONSIBILITY, AND SETTING AN EFFECTIVE DATE. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 46 -57 pertaining to amendments, additions, and deletions to the Standard Fire Prevention Code adopted in Section 46 -56 is hereby amended by adding the following: "Section 2201.3 pertaining to general requirements is hereby amended by the addition of paragraph 2201.3.5 to read as follows: That the Code of Federal Regulations Title 49, Parts 100 to 177, revised as of October 1, 1993, is annexed hereto and incorporated herein by reference. Each hazardous substance will be defined for the purpose of this ordinance as any substance that meets at least one (1) of the following criteria: (a) any petroleum product or by- product, (b) any mixture or solution containing material identified by CFR 49, 172.101 as material in a reportable quantity. That the owner and/or carrier of any container, package, tank, or vessel or the contents therein shall be responsible for all cost, to include standby cost incurred by the City of Nederland resulting from contamination by any hazardous substance described in above paragraph hereof. That if there is not actual discharge, leak, release or spill of a hazardous substance but rather the eminent potential for a discharge, leak, release or spill, as determined in the reasonable judgement of the Fire Chief of the City of Nederland or his designee, the owner and/or carver shall be responsible for all cost, to include standby cost, incurred by any City of Nederland Department due to the threat or the release of a hazardous substance." WHEN EFFECTIVE: This amendment shall be effective from and after passage and publication of the caption of this amendment. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the _c5 day of A.D., 19g_(o. ATTEST: LaDonna Floyd, city Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughe , City Attorney City of Nederland, Texas Carl N. LeBlanc, Mayor City of Nederland, Texas 05;3 054 ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made this oZS day of grc.h , 199BL, by and between CITY OFNF.DERL•AND I acting herein by and through its CITY MANAGER , 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 PHASE I (STAGE 1) DETAILED INSPECTION OF 1000 MG FILTER PLANT GROUND RESERVOIR ROOF. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated Feb. 27,19H, signed by Randy Reichle , (copy attached) the terms and conditions of said proposal, including fees, are satisfactory to the CLIENT, as to Phase I (Stage 1) only. THE ENGINEER agrees to carry out and perform the services herein agreed to in a professional and competent manner. The ENGINEER 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 and all claims, losses, damages, causes of action, 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 ENGINEER 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 WITNESSETH: 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. r. a .=I rUl e a A`x r I&TCa Waffftmc. Tax" 1 1 1 u 1 1 U55 The ENGINEER shall commence work upon receipt of written authorization from the CITY shall complete work within TWENTY (20) working days. IN WITNESS WHEREOF, the parties to these presents have hereunto caused these presents to bE executed in duplicate the day and year first above mentioned. ATTEST: CCII�TY OF NNELADERND ED By �c�1Fnr Title ATTEST: Stepha ie Gallagher [(G.- STEPHANIE S. GAWkGHER NOTARY PUBLIC State of Texas Comm. Exp. 05.10.98 DON S. REICHLE & ASSOCIATES For (Engineer) ?,-� 1,_1"l By PROJECT COORDINATOR Title MW Q tlCM-Ul C 1 AQCU*U IATFC MCIPLwa. Tilt Q5F REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6 :00 p.m. April 8, 1996 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 Mayor LeBlanc to approve the minutes of the March 25, 1996 meeting as written. All Voted Aye. RESOLUTIONS Andre Wimer, City Manager, stated that it is necessary to amend the Economic Development Corporation Articles of Incorporation in order to obtain tax exempt status. A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to approve Resolution 1996 -09, amending the Nederland Economic Development Corporation's Articles of Incorporation. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nagel to approve Resolution 1996 -10, evidencing the City's intent to issue Certificates of Obligation for Wastewater Treatment Plant and system improvements. All Voted Aye. REPORT Cheryl Dowden, City Treasurer, briefed the Council on the City's investment report for the quarter ending December 31, 1995 and March 31, 1996. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to receive the Quarterly Investment Report from the Finance Department. All Voted Aye. STREET A motion was made by Mayor LeBlanc and seconded by Councilman Nagel PROGRAM to approve the FY 95 -96 street program. All Voted Aye. 7 L I VJI 1 1 Minutes continued, April 8, 1996 PROPOSALS A motion was made by Councilman Nagel and seconded by Mayor LeBlanc to authorize City staff to request written proposals for surveying services associated with the 1994 Community Development Block Grant project (Hillcrest Terrace). All Voted Aye. ORDINANCE A motion was made by Councilman Doornbos and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 164, setting Council meeting dates from May 6, 1996 through April 28, 1997. All Voted Aye. BUDGET A motion was made by Mayor LeBlanc and seconded by Councilman Doornbos to approve an amendment to the 1995 -1996 budget in order to purchase two (2) 6" water meters - one (1) for Nederland High School and one (1) for King Bethune, Inc. (Parkway Village). All Voted Aye. PAYMENTS A motion was made by Councilman Doornbos and seconded by Councilman Nagel to authorize payment to KSA Engineers, Inc. in the amount of $3,046.39 for engineering services during the construction phase of the Water Treatment Plant. 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 March, 1996. All Voted Aye. COMMENTS Sarena Davis, 2820 West Atlanta, had questions concerning economic development and property tax relief. Jake Waller, Jr., Port Neches, asked for clarification from Council on special event signs. EXECUTIVE The regular meeting was recessed at 7:17 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 and threatening litigation; and Chapter 551.072, discuss the purchase, exchange, lease, or value of real property. RECONVENE The regular meeting was reconvened at 7:55 p.m. by Mayor LeBlanc. He ' announced that the Executive Session was held for informational purposes only. uJV Minutes continued, April 8, 1996 CITY MANAGER Andre Wimer, City Manager, stated that the contract between the City and REPORT BFI for recycling, and the solid waste grant will appear on the next agenda. ' Mr. Wimer stated that apparently there has never been a written agreement between the City and the Amateur Radio Club for their use of the old Library building on Boston Avenue. He added that we should prepare such a document since we have written agreements for other city facilities. The City Manager informed the Council that he has received a letter from Bob Shields, PATCH, regarding the property the City, by Quitclaim Deed, donated to their organization. Mr. Shields stated that it appears that PATCH is not financially able to utilize the property and that they have been notified by the Jefferson County Tax Office that there are delinquent taxes of approximately $2,700. A revert clause was included in the Deed, therefore, it appears the City will regain ownership of the property. The City Attorney will research the issue of the delinquent taxes and report back to the Council. Mr. Wimer stated an issue has been raised concerning the City's current policy of paying retirees health insurance until age 65. He believes the Council's intent needs to be better clarified to include some type of guidelines because this could ultimately be a very large expense to the City. Councilman Nagel suggested that a Work Session be conducted to further discuss the issue. I Mr. Wimer reported that the Steering Committee met regarding GSU/Entergy, and an ordinance will be included on the next agenda regarding potential rate case. The City Manager reminded the Council that the City Hall roof repairs need to be addressed. The Council asked that this item be included on the next agenda to proceed as necessary. Councilman Nagel suggested that the City look into a better way of notifying citizens of change in garbage service due to holidays. ADJOURN There being no further business the meeting was adjourned at 8:20 p.m. by Mayor LeBlanc. 1 , 'z4 A 4 aw, Carl N. LeBlanc, Mayor ATTEST: 0 i,M *0�onna Floyd, City Secretary 1 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 Nnmv Title Present Absent Carl N. LeBlanc Mayor V/' 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor .1 City Secretary Date V J •7 Ubu CITY OF NEDERLAND RESOLUTION 1996 -a A RESOLUTION OF THE CITY OF NEDERLAND ' APPROVING AMENDMENTS TO ARTICLES OF INCORPORATION OF NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A TEXAS NON- PROFIT CORPORATION NEDERLAND, TEXAS WHEREAS, the Board of Directors of Nederland Economic Development Corporation has requested the City Council of the City of Nederland to approve and adopt the Articles of Amendment to the Articles of Incorporation of Nederland Economic Development Corporation, as shown in Exhibit "A" attached, in order that said Corporation may obtain federal tax- exempt status under existing Internal Revenue Service regulations; and WHEREAS, the City Council of the City of Nederland finds that the Board of Directors of the Nederland Economic Development Corporation has approved and adopted the Articles of Amendment, as shown in Exhibit "A" attached, subject to the City of Nederland's approval; and WHEREAS, the City Council of the City of Nederland finds that it is necessary and in the best interest of the City of Nederland to approve the Articles of Amendment, as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Articles of Amendment of Nederland Economic Development Corporation, as shown in Exhibit "A" attached, which is incorporated herein by reference, are hereby approved and adopted; THAT said Articles of Amendment shall be delivered to the Secretary of State in duplicate originals; and THAT this Resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 9 day of Q 1996. Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Zt�-CA Richard D. Hughes, CiVy Attorney U V i ARTICLES OF AMENDMENT ' OF NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A TEXAS NON - PROFIT CORPORATION NEDERLAND, TEXAS THE STATE OF TEXAS COUNTY OF JEFFERSON ARTICLE ONE The name of the Corporation is NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. The Corporation is a non - profit corporation specifically governed by Section 4B of the Development Corporation Act. The Corporation has no members, other than its Board of Directors. ARTICLE TWO The following Amendment To Articles of Incorporation was adopted by the Board of Directors on the date shown below: Article IV is amended to read: "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. Sta. 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. Said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code." VUC ARTICLE THREE The following Amendment to Articles of Incorporation was adopted by the Board of ' Directors on the date shown below: Article XI is amended to read: "ARTICLE XI. NO DIVIDENDS AND IMPERMISSIBLE ACTIVITIES 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. No 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. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustee, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article IV hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code." ARTICLE FOUR The following Amendment to Articles of Incorporation was adopted by the Board of Directors on the date shown below: Article XIII is amended to read: "ARTICLE XIII. DISSOLUTION Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue , Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the Court of general jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. " IN WITNESS WHEREOF, we have hereunto subscribed our names this 3 day of April, 1996. Asident Secretary SWORN to by the above officers on this 3 day of April, 1966. 11 Notary Public, State of Texas u' 0.3 (.��� '',!,ar ;�:. +• dU1E OF 1flW NN commld«, E�1w NOVEMBER i9. 1997 11 Notary Public, State of Texas u' 0.3 W %J -r 1 CITY OF NEDERLAND RESOLUTION 1996 -10 CITY OF NEDERLAND § COUNTY OF JEFFERSON § STATE OF TEXAS § WHEREAS, the City Council (the "Governing Body") of the City of Nederland, Texas (the "City "), intends to issue approximately $13,000,000 in Certificates of 0bligation in one or more series for the purpose of the City's capital improvement program; WHEREAS, the Governing Body's current intent is to issue a first series of approximately $5,000,000 of Certificates of Obligation in 1996, followed by a second series of approximately $5,000,000 of Certificates of 0bligation in 1997, and a final series of approximately $3,000,000 of Certificates of Obligation in 1998; and WHEREAS, the Governing Body desires by adoption of this Resolution to set forth its intent to issue the Certificates of Obligation and to carry out the necessary actions in connection with the issuance of such Certificates: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: The Governing Body of the City hereby evidences its intent to issue approximately I $13,000,000 in Certificates of Obligation in one or more series for the purpose of the City's capital improvement program, to continue its relationship with Coastal Securities Ltd. as the City's financial advisor, and with Fulbright & Jaworski L.L.P., as bond counsel. The Governing Body's current intent is to issue a first issue of approximately $5,000,000 of Certificates in 1996, followed by a second series of approximately $5,000,000 of Certificates of Obligation in 1997, and a final series of approximately $3,000,000 of Certificates of 0bligation in 1998. PASSED AND APPROVED this _ 3 day of IQP6, 1 , 1996. ATTEST: LaWrma FloySecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z— ` �-- � 4, -1, � chard D. Hughes, Cit Attorney City of Nederland, Texas Ci& Z4 �� Carl N. LeBlanc, Mayor City of Nederland, Texas 1 U0? AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 6, 1996 THROUGH APRIL 28, 1997. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 6:00 p.m. on each of the following dates: May 6, 1996 May 20, 1996 June 10, 1996 June 17, 1996 July 8, 1996 July 22, 1996 August 12, 1996 August 26, 1996 September 9, 1996 September 23, 1996 October 14, 1996 October 28, 1996 November 11, 1996 November 25, 1996 December 9, 1996 December 16, 1996 January 13, 1997 January 27, 1997 February 10, 1997 February 24, 1997 March 10, 1997 March 24, 1997 April 14, 1997 April 28, 1997 Any and all ordinances of the City of Nederland, Texas, which conflict with any provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council at a regular meeting this the 8th day of April, 1996. 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, City Attorney City of Nederland, Texas Ubn BUDGET AMENDMENT REQUEST Fund Water & Sewer Fund Increase the following account(s): 50 -61 -00 -6744 Miscellaneous Eouior Department Billing /Collections Amount 5,712.00 Decrease the following account(s): Amount- 50-61-00-6275 Water Meters & Boxes 5,712.00 Justification for amendment with course of action if amendment is not approved: Reclassification of funds to replace two large electric read meters (Nederland High School and King Bethune) Due to the life expectancy and costs of these meters, they are classified as capital assets, subject to depreciation in the Water & Sewer Fund. Deparment Head Requesting amendment Approve Date City Manager Date Funds Available: Approved by Council: �" .%( I:e City Tr surer Date Date VbY REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 6:00 p.m. April 22, 1996 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 Doornbos to approve the minutes of the April 8, 1996 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve a Proclamation congratulating the Texas Adopt -A -Beach Program on its 10th Anniversary. All Voted Aye. Mayor LeBlanc presented a Proclamation to A. F. (Ton) Van Den Berg, Roelienke Bolink, Elsje Van Heck, Marc Daggenvoorde, and Gerard Knol who are visiting Nederland from the Netherlands as part of a Group Study Exchange, an educational activity of the Rotary Foundation. The Proclamation declares April 22, 1996 as 'Rotary International Group Study Exchange Day" in Nederland. A motion was made by Councilman Doornbos and seconded by Councilman Nagel to approve a Proclamation declaring April 22, 1996 as 'Rotary Inter- national Group Study Exchange Day" in Nederland, Texas. All Voted Aye. SPECIAL EVENTS On behalf of the Rotary Club, Chip Voltz, informed the Council that they would like to sponsor the third Annual Spring Clean-Up in Nederland. He suggested that this be held on Saturday, May 18, 1996. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to authorize the City of Nederland to conduct a Spring Clean -Up in conjunction with the Nederland Rotary Club to be held on Saturday, May 18, 1996 in an amount not to exceed $4,000.00. All Voted Aye. vvu Minutes continued, April 22, 1996 TCI CABLE - Mike McKee, Area Manager of TCI Cablevision, appeared before Council to VISION inform them of a rate increase to be effective June 1, 1996. Mr. McKee also stated that the rate increase was due to all the recent changes made to the cable system. He added that they have been rebuilding cable facilities throughout the area over the past two years and many new channels have been added to these areas. With rising costs of licensing fees and the upgrade to fiber optics this rate increase has become necessary to continue a higher level of service and options. CONTRACTS A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to approve a contract and agreement with the Mid County YMCA for the use of the Doombos Park swimming pool for swimming lessons. All Voted Aye. A motion was made by Mayor LeBlanc and seconded by Councilman Radcliff to approve a contract and addendum with the South East Texas Regional Planning Commission for a Solid Wast Grant for composting bins for the Mid County Municipal League cities. All Voted Aye. GSU RATE CASE Richard Hughes, City Attorney, informed the Council that the Steering Committee has requested that all affected cities approve a Resolution initiating a proceeding under the Public Utility Regulatory Act stating that the Steering Committee has attempted to avoid added costs and unnecessary rate filings by offering to recommend that the cities forego this proceeding in exchange for the Company's agreement to make any rate reduction from such November, 1996 filing retroactive to March 1, 1995, but the Company has declined to accept such efforts of the Committee. John Oliver, GSU/Entergy, asked that the deadline for filing the requested Schedules be extended to November instead of the August 1, 1996 date required by the Resolution. Mr. Hughes stated that the Resolution does allow for the City Council to grant an extension of time for filing the rate package. No extension was granted at this time. A motion was made by Councilman Nagel and seconded by Councilman Sawyer to approve Resolution 1996 -11, initiating a proceeding under Section 2.211 of the Public Utility Regulatory Act. All Voted Aye. BIDS A motion was made by Councilman Doornbos and seconded by Mayor LeBlanc to award bids received for one (1) hydraulic loader and truck body (trash truck) for the Sanitation Department to Gulf State Crane in the amount of $36,399.00. All Voted Aye. U 0 J Minutes continued, April 22, 1996 BIDS (CONT.) A motion was made by Councilman Nagel and seconded by Councilman Radcliff to award bids received for one (1) dump truck for the Water Department to Smarts Truck & Trailer in the amount of $32,425.33. All Voted Aye. LIBRARY A motion was made by Mayor LeBlanc and seconded by Councilman Nagel to authorize the City to solicit Requests for Qualifications for architectural services for the new library. All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to approve an amendment to the 1995 -1996 budget in order to make necessary repairs to traffic signals. All Voted Aye. PAYMENTS A motion was made by Mayor LeBlanc and seconded by Councilman Doombos to authorize payment to Allco, Inc. in the amount of $71,530.92 for Pay Request No. 19, Water Treatment Plant construction. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor LeBlanc to authorize payment to Schaumburg & Polk, Inc. in the amount of $7,249.92, wastewater system improvements. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:05 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 the purchase, exchange, lease, or value of real property; Chapter 551.071, to discuss pending and threatening litigation; and, Chapter 551.074, to discuss personnel - City Manager. RECONVENE The regular meeting was reconvened at 7:55 p.m. by Mayor LeBlanc. He announced that the Executive Session was held for informational purposes only. CITY MANAGER The City Manager reported that he received a letter from the Texas Coalition REPORT of Cities soliciting the City's membership into the organization. The Coalition was formed in an effort to deal with utility companies and the impact they have on cities. It was the consensus of the Council that we not join at this ' time. Mr. Wimer asked for further clarification on a City of Nederland policy which was adopted some time back regarding who from the Nederland Independent School District was authorized to obtain library cards free of charge. The Council stated that the cards were to be issued free to all City of Nederland residents, as well as students and teachers of NISD. 070 Minutes continued, April 22, 1996 Mr. Wimer informed the Council that the Jefferson County Appraisal District will be relocating their offices sometime during the next year and are currently I looking for office space. The City Manager stated that the Work Shop to discuss retirees' health insurance benefits will be held sometime after the election. ADJOURN There being no further business the meeting was adjourned at 8:10 p.m. by Mayor LeBlanc. Carl N. LeBlanc, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahsent Carl N. LeBlanc Mayor Robert D. Sawyer Councilman Ward 1 Homer E. Nagel Councilman Ward 2 / Mike Radcliff Councilman Ward 3 V 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director 4/ Victoria Klehn Librarian / Mayor 1 l � rIIn. tiQ f..r i City Secretary Date Vi I c� r U eYL"ta in'rn ,oU ,, CITY Or NEDERIAND ' A PROCLAMATION WHERE-AS, the beaches, shores and waters of the Texas Gulf Coast swlain an abundance of valuable fish and wildlife and offer recreational, aesthetic and economic benefits to all Texans and attract many visitor to our state; and, WHEREAS, waterborne debris and beach litter injure and bill countless marine animals and coastal birds; threaten the health and safety of beach user and boaters; and work to the detriment of the coastal tourist industry which produces over $7 billion each year from tourism and recreation; and WHEREAS, ten years ago 2,800 volunteers traveled to rain - soaked Texas 6—Les on a stormy Saturday morning to participate in a beach cleanup in which they collected 124 tons of trash; and WHEREAS, in response to ilia need demonstrated by that first cleanup, Texas Land Commissioner Garry Mauro began ilia Texas Adopt -A -Beach Program that has brought international attention to the problem of ocean duunping and served as a model for similar programs in 40 other U.S. states and territories and 70 other countries, and WHEREAS, the data collected on the types of trash found during these semi - anneal cleanups demonstrated that much of the trash on Texas beaches was from offshore sources such as shipping, offshore oil seismic operations, and commercial and recreational fishing; and WHEREAS, that information was wed to persuade ilia U.S. Senate to ratify the International Maritime Organization's (IMO) MARPOL Annex V Treaty banning the dumping of plastics in the ocean. of the world and later used to convince the IMO to grant the Gulf "special area' designation which declares the (Wulf of Mexico off limits to dumping of any kind other than finely ground food scraps; and WHEREAS, Ilia continuing success of the Texas Adopt -A -Beach Program is made possible through the generous support of coastal community leaders and [lie dedication of county coordinators who are ilia backbone of the program; now, therefore, he it KNOWN, that the City of Nederland hcrchy congratulates the Texas Adopt -A -Beach Program on its 10th Anniversary and expresses its appreciation for its work in protecting, enhancing and promoting the beaches of Jefferson County, and be it further KNOWN, that the City of Nederland expresses its gratitude to Tommy Gard, Karen Carnahan, Frank Brown, Alin. L.inance, and Ekric Tscsanz for their bard work and tireless efforts in organizing and promoting the Adopt -A -Beach Program in Jefferson County, and he it further KNOWN, that official copies of this proclamation be prepared and presented to Tommy Card, Karen Carnahan, Frank Brown, Ahu. Lanance, and Ekric Tscsanz for their work in ensuring that the beaches of Jefferson County remain clean. PASSED AND APPROVED by ilia City Council of the City of Nederland at a regular meeting held on the _ day of 1996. Carl N. "Cropo &BLm, Mayor City of Nederland, Texas ATTEST: naaMnn �.Xac IaDonna Floyd, City Secretary City of Nederland, Texas (.cl�C�2CZLt �U'/YK dI t' (,S CITY OF NEDERLAND "PROGRAMMED PROGRESS" Mid-Jefferson County, Texas pOffire of f4e gapr r Ul -r In a f t ]a i /9artr Ct N./�/ "Cupo" LeStane ,� by virtlae o /toile authority veiled in a.4 Mayo, o /f�te l,ify of //ederla.d, 5exa6r t�o ftereG� Procl n aim ApAit 22, 1996 �5F e /! "Ro.taAy IInntennatiionat Grteouup Study Exchange Day" / in Ilte C'ify of Y� ederlanalr Jexaer and urge each and every C..ifizen olour (fit f to weteome A.F. {Tan) Van Den Bexg, Roetienke Boti.nk, Etaje Van Heck, Mo c Daggenvoonde, and GeAand Knot who arte v.iziti.ng NedeAtand 6nom the NethWanda as paa.t o6 a Grtoup Study Exchange, an edueationat activity o6 the Ro.tmy Foundation. / / Seat 9n felfimo/nny w4epreol, wilnees my It anti and Sea[ of f�te City of //ec�ernq[a((nyyJ tb., 14¢ 22nd C/ay o� Apn.it, 1996 Mayor City C� C..ity o/ //eclerlQ ✓ anelr exact cif secrefar' V 1 4} STATE OF TEXAS § COUNTY OF JEFFERSON § 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 weight equipment of value of six hundred dollars ($600.00) delivered 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 June 4, 1996 through August 9, 1996. The time periods each day shall be from 10:00 a.m. to 12:10 1 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 $500,000.00, 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. VIII 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 June 4, 1996 and the Contract shall terminate August 9, 1996. 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 IOF 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 2 Uri INJURY OR DAMAGE, OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH NEGLIGENCE OF THE Y.M.C.A AND /OR THIRD PARTIES. I This Contract may not be assigned by the Y.M.C.A. without the express, prior approval of the City. Witness our hands this ol02 day of 614 k,,( —1996: CITY OF NEDERLAND MID COUNTY Y.M.C.A. Carl N. LeBlanc, Mayor President /Board of Directors ATTEST: ATTEST: /hr1l�'l Y J Donna Floyd, City S�ecretary C Secretary APPROVED AS TO FORM AND LEGALITY: 2, � /v Richard D. Hughes, CityOAttomey 1 C� SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION SOLID WASTE INTERLOCAL AGREEMENT The Texas Natural Resource Conservation Commission has certified that it has the authority to contract with South East Texas Regional Planning Commission by authority granted in the Current Appropriations Act; Texas Water Code, section 5.229 and Texas Health and Safety Code, Chapter 371. Funds for this subcontract are provided from the Solid Waste Disposal Fund. The South East Texas Regional Planning Commission (SETRPC) has certified, and the Mid - County Municipal League certifies that it has authority to perform the services contracted for by authority granted in "The Interlocal Cooperation Act," Texas Government Code, Chapter 791. This Interlocal Agreement is entered into by and between the parties named below. Neither TNRCC nor the State of Texas is a party to this Contract. I. CONTRACTING PARTIES: The Council of Government: South East Texas Regional Planning Commission The Subcontractor: Mid - County Municipal League II. SERVICES TO BE PERFORMED: See Attachment B - Work Program III. BUDGET AND PAYMENT PROCEDURES: See Attachment D - Budget IV. ADDITIONAL CONTRACT PROVISIONS: See Attachment A - Special Contract Provisions See Attachment E - General Contract Provisions 1 V r l V I �..' Witness our hands effective this _ day of March, 1996 South East Texas Regional Planning Commission obij Don Kelly Executive Director City of Nederland City of Groves Sylvester Moore Mayor City of Port Neches Carl "Cropo" Le anc Frances Monk Mayor Mayor Pro Tern 2 1 LJ 1 1 F ADDENDUM TO SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION SOLID WASTE INTERLOCAL AGREEMENT The undersigned contracting parties have executed this Addendum to the SETRPC Solid Waste Interlocal Agreement signed this date to acknowledge that the rights, duties and obligations assigned to the Mid - County Municipal League as the Subcontractor in said Agreement are to be carried out by its 3- member cities (Nederland, Port Neches and Groves) acting together to the extent possible under its Interlocal Governmental Agreement. WITNESS our hands this day of ��fht Q 1996. SOUTHEAST TEXAS REGIONAL CITY OF GROVES PLANNING COMMISSION Don Kelly, Executive Director CITY OF NEDERLAND Carl "Cropo" LeBlaKc, Mayor Sylvester Moore, Mayor CITY OF PORT NECHES Frances Monk, Mayor Pro Tem V I , -1 V V v CITY OF NEDERLAND RESOLUTION NO. 1996 -11 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, INITIATING A PROCEEDING UNDER SECTION 2.211 OF THE PUBLIC UTILITY REGULATORY ACT; DIRECTING GULF STATES UTILITIES COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF NEDERLAND, TEXAS, SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; AND SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF GULF STATES UTILITIES COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF NEDERLAND, TEXAS, OF JUST AND REASONABLE RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY. WHEREAS, the City of Nederland, Texas, is a regulatory authority under the Public Utility Regulatory Act and has original jurisdiction over the rates of Gulf States Utilities Company to determine if such rates are fair, just and reasonable; and WHEREAS, preliminary information furnished by Gulf States Utilities Company supports the filing of a complaint pursuant to Section 2.211 of the Public Utility Regulatory Act and the initiation of a procedure pursuant thereto for the further investigation and review of the rates of Gulf States Utilities Company to determine if such rates are fair, just and reasonable; and WHEREAS, the stipulation and agreement in Docket 11292, before the Public Utility Commission of Texas, application of Entergy Corporation and Gulf States Utilities Company for sale, transfer or merger, provides that if the base rates of the Company are reduced then such rate reduction shall be effective from the date of initiation of this procedure; and WHEREAS, such stipulation and agreement requires the filing of a rate case by the Company in November, 1996 utilizing a test year ending June 30, 1996; and WHEREAS, the Cities' Steering Committee has attempted to avoid added costs and unnecessary rate filings by offering to recommend that the cities forego this proceeding in exchange for the Company's agreement to make any rate reduction from such November, 1996 filing retroactive to March 1, 1995, but the Company has declined to accept such efforts of the PJ Cities' Steering Committee to avoid unnecessary expenses and filings; and I V' V WHEREAS, a procedural schedule should be established for filing of certain information by the Company, procedures to be followed to obtain and review information from the Company, the filing of an analysis of such information by the City, the filing of rebuttal information from the Company, and a public hearing at which time the City shall make a determination if the existing rates of Gulf States Utilities Company are unreasonable or are in any way in violation of any provision of law and if such rates should be revised and just and reasonable rates determined for Gulf States Utilities Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Based on proper review of preliminary information furnished by Gulf States Utilities Company supporting a complaint pursuant to Section 2.211 of the Public Utilities Regulatory Act, a proceeding pursuant thereto is hereby initiated to review the present rates and determine the just and reasonable rates of Gulf States Utilities Company; 2. On or before August 1, 1996, Gulf States Utilities Company shall file with the City of Nederland, Texas, Schedules A, B, C, D, E, F, G, H, I, K, O, and S of the Rate Filing Package required by the Public Utility Commission of Texas, along with all associated work papers for a test year ending June 30, 1996 (the City Council may grant an extension of the time for filing such rate filing package on agreement of the parties). Testimony need not be prepared, but a narrative description shall be provided sufficient to describe such information and costs shall be allocated to customer classes; 3. A public hearing shall be conducted by the City Council on the 20th day of May, 1996 to consider the setting of interim rates; 4. City's representatives shall have the right to obtain additional information from the Company through the filing of requests for information, which shall be responded to within ten (10) days from the receipt of such request for information; 5. The City, or its designated representatives, shall file an analysis of the Company's filing and information gathered on or before 90 days after the Company files its rate filing package required by Section 2 above; 6. The Company shall file any rebuttal to the analysis of the City or its designated representatives on or before 30 days after the City, or its designated representatives, files the analysis required by Section 5 above; 7. A public hearing shall be conducted by the City Council of the City of Nederland, ' Texas, on January 15, 1997, at 10:00 a.m., at the City Council Chambers of the City of Conroe, City Hall, Conroe, Texas, or such other location as may be designated by the City Council. At such public hearing, a determination of the U U Ar reasonableness of the existing rates of Gulf States Utilities Company shall be made by the City Council of the City of Nederland and, if necessary, just and , reasonable rates shall be determined to be observed and enforced from and after the date of the initiation of this proceeding for all services of Gulf States Utilities Company within the City of Nederland, Texas. Such public hearing may be conducted in conjunction with public hearings conducted by other municipalities served by Gulf States Utilities Company; and 8. The City Council may, from time to time, amend this procedural schedule and enter additional orders as may be necessary in the public interest and to enforce the provisions hereof. PASSED AND APPROVED this the � day of April, 1996. Carl N. LeBlanc, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney 1 1 (C�ZnC 083 BUDGET AMENDMENT REQUEST Fund Public Works Increase the following account(s): 01 -31 -00 -6262 signal 01 -31 -00 -6354 traffic Decrease the following account(s): Department Street Amount tem $ 5,500.00 ghts 3,000.00 01 -31 -00 -6730 street improvements 01 -31 -00 -6246 street & bridge supplies 01 -31 -00 -6248 storm sewers Amount $ 7,000.00— 1,000.00 500.00 Justification for amendment with course of action if not approved: iUnexpected signal controller failure required replacement of controllers at Nederland Avenue @ 21st, Nederland Avenue @ 14th Street and Boston Avenue @ 12th Street. Dep ent Head Requesting Amendment 4 /(,-1c Date Funds Available: 16,L </ - /G -9C City Treasurer` Date Approved: ity Ma ager Date Approved by Council: Date UV`3 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 6, 1996 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 Mayor LeBlanc and seconded by Councilman Nagel to approve the minutes of the April 22, 1996 meeting as written. All Voted Aye. ELECTION Jeanie Green, Election Judge, reported that a total of 1,091 votes were cast in the regular and early voting combined. She added that the following number of votes were cast for each candidate: EARLY VOTING RESULTS MAYOR Homer Nagel 205 Carl N. "Cropo" LeBlanc 182 COUNCIL WARD 2 Joe Daughtry 228 COUNCIL WARD 4 R. A. 'Dick" Nugent 251' Sarena L. Waller Davis 81 Dennis Walker 47 Fil Minutes continued, May 6, 1996 ELECTION DAY RESULTS MAYOR Homer Nagel 421 Carl N. "Cropo" LeBlanc 272 COUNCIL WARD 2 Joe Daughtry 405 COUNCIL WARD 4 R. A. "Dick" Nugent 431 Sarena L. Waller Davis 169 Dennis Walker 71 COMBINED TOTALS MAYOR Homer Nagel 626 Carl N. "Cropo" LeBlanc 454 COUNCIL WARD 2 Joe Daughtry 633 COUNCIL WARD 4 R. A. "Dick" Nugent 682 Sarena L. Waller Davis 250 Dennis Walker 118 A motion was made by Councilman Sawyer and seconded by Councilman Doornbos to accept the canvass of the returns as presented by Mrs. Green, Election Judge. All Voted Aye. Mayor LeBlanc took this opportunity to state that it has been an honor and privilege to serve the citizens of Nederland for a total of 14 years, six of which was as Mayor. He thanked the citizens for their support during these years. Mayor LeBlanc then thanked the City Manager and staff. LaDonna Floyd, City Secretary, administered the Oath of Office to Homer Nagel, Mayor; R. A. 'Dick" Nugent, Councilman Ward 4; and Joe Daughtry, Councilman Ward 2. Minutes continued, May 6, 1996 Mayor Nagel thanked all the support from the citizens in electing him as Mayor. He stated that this Council has pledged to do their best to serve them ' as economically and efficiently as possible. Mayor Nagel then thanked the City Manager for an excellent first year on the job, as well as Mayor LeBlanc for his past years of service to the community. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment of the election officials in accordance with State Statutes Article 3.08, Texas Election Code. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to table approving Resolution 1996 -13, calling for a Runoff Election and appointing election officials due to the fact that a candidate received more than 50% of the total votes during the General Election. All Voted Aye. Mayor Nagel suggested that a Mayor Pro Tern be elected by the Council each year after the election, adding that on the even year a Mayor Pro Tern be elected from Ward 1 or Ward 3 and on the odd year from Ward 2 or Ward 4. He felt that this would give everyone an opportunity to serve. A motion was made by Councilman Radcliff and seconded by Councilman Nugent to elect Robert Sawyer, Councilman Ward 1, as the Mayor Pro Tern for a period of one year. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1996 -14, authorizing the submission of a grant to the Texas Parks and Wildlife Department for renovation of the Recreation Building at Doornbos Park. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1996 -12, supporting the Southeast Texas Intermodal Transportation Plan. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve an Amendment to Ordinance No. 107, traffic ordinance, erecting No Parking signs along the east side of 17th Street for approximately 220 feet south of Boston Avenue. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman Sawyer to AGREEMENTS approve a contract with Neches Engineers for engineering, design, and inspection services for roof repairs to the City Office Building in an amount not to exceed $9,435.00. All Voted Aye. V U 1 Minutes continued, May 6, 1996 A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a contract with Tower Medical for drug/alcohol testing services. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve a contract with Schaumburg & Polk, Inc. for surveying services associated with the Community Development Block Grant project, Hilldale area. All Voted Aye. AUCTION A motion was made by Councilman Nugent and seconded by Mayor Nagel to declare certain City property to be surplus and authorize its disposal. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the Nederland Police Department to hold an auction on May 15, 1996 at 9:00 a.m. All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve an amendment to the 1995 -1996 budget in the amount of $1,254.09 to fund general office supplies, janitorial supplies, and natural gas in Public Works administration. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize advertisement of bids for playground equipment for the Parks and Recreation Department. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize advertisement of bids for road repair and building materials. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $2,748.96 for engineering services during the construction phase of the Water Treatment Plant. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment of the bills for the month of April, 1996. All Voted Aye. COMMENTS Ernie Autin, 315 South 9th Street, addressed Council relative to flooding of December 18, 1995. V v v Minutes continued, May 6, 1996 EXECUTIVE The regular meeting was recessed at 7:12 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072 to discuss the purchase, exchange, lease, or value of real property; Chapter 551.071, to discuss pending and threatened litigation; and, Chapter 551.074, to discuss personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. RECONVENE The regular meeting was reconvened at 8:00 p.m. by Mayor Nagel. He announced that the Executive Session was held for information purposes only. CITY MANAGER Andre Wimer, City Manager, informed the Council that he received a letter REPORT of resignation from Bill Quick, Chairman of the Planning and Zoning Commission, after 20 years of service. Mayor Nagel instructed the City Manager to send a copy of the Procedures for Citizens Appearing Before the Council to each Council member for their review and suggestions for changes. He would like to change the time limit in particular. I Mayor Nagel also stated that he would like to have the discussion item back on each agenda. He added that this gives each Council member an opportunity to report items of interest to each other, as well as anything that needs to be addressed by City departments. Councilman Nugent reported that most of the crosswalks and many streets are in need of striping. Mr. Wimer stated that the striping project was put on hold in order to clean all the ditches, but it is due to resume soon. ADJOURN There being no further business, the meeting was adjourned at 8:15 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor 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 Richard Hughes City Attorney J Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official / Jim Weaver Parks Director L/ Victoria Klehn Librarian - hk�� I /- I Mayor 4Cl City Secretary Date V ) V CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor ,/ Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 ✓ R.A. "Dick" Nugent Councilman Ward 4 ✓ Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney V/ Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer ✓ Kelly Galloway Asst. to City Mgr. ✓ Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Wehn Librarian Mayor City Secretary JN -tl" 9 is Date 1 1 CITY OF NEDERLAND ' RESOLUTION 1996 -14 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT ", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT ", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM "; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks & Wildlife Code) for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program "; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the 'Program "; NOW, THEREFORE, BE IT RESOLVED BY THE "APPLICANT ": Section 1: That the "Applicant" hereby certifies that they are eligible to receive assistance ' under the "Program ". Section 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. Section 3. That the "Applicant" hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the "Department" for the purpose of the "Program ", and Andr6 Winner is hereby officially designated as the representative in this regard. Section 4. The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as Nederland Recreation Center Renovation Project in the City of Nederland for use as a park site. That the Nederland Recreation Center Renovation Project is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. INTRODUCED, READ AND PASSED by the affirmation vote of the "Applicant" on this 0( _ day of , 1996. % omer E. Nagel, Mayor City of Nederland, Texas ATTEST: f LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CiTy Attomey City of Nederland, Texas CITY OF NEDERLAND RESOLUTION NO. 1996 -12 WHEREAS, the Southeast Texas Intermodal Transportation Task Force presented their plan dated February 1, 1995 to the Texas Highway Commission in Austin on May 25, 1995; and WHEREAS, said Task Force is made up of counties, major cities, regional planning organizations, port and navigation districts, chambers of commerce and other interested parties bounded on the south by the GulfofMexico, on the east by the Texas state line, and on the north and west by the proposed 1H -69 Highway, following generally the present U.S. Highway 59; and WHEREAS, the Task Force is working toward unity and support with and through all listed entities and parties for the above described Transportation Plan before the Texas Transportation Commission; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT this governing body does approve and support the goals and objectives of the Southeast Texas Intermodal Transportation Plan; and THAT this governing body recommends and supports efforts by the Texas Transportation Commission to: (1) improve hurricane evacuation along the Gulf Coast; (2) improve U.S. Highway 69 between Lufkin and Interstate 10 in Beaumont; (3) improve rail and highway access to the Texas Gulf Coast Ports, and (4) complete relevant feasibility studies for the proposed IH -69 corridor through east Texas; and THAT a copy of this Resolution be presented to the Texas Transportation Commission at its May 30, 1996 meeting in Austin, Texas. PASSED AND APPROVED this (day of May, 1996. n -Z Homer E. Nagel, Mayor ATTEST: Labonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit ttorney 1 1 WHEREAS, the City Council ofthe City of Nederland is ofthe opinion that a definite policy should be established pertaining to traffic regulations including parking rules and required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section I - NO PARKING ON PAVEMENT There shall be no parking on pavement on the East side of 17th Street for approximately 220 feet South of Boston Avenue. Section 2 - PENALTY Any person who violates any provision of this ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ' Section 3 - REPEALING CLAUSE Any and all ordinances ofthe City of Nederland, Texas in conflict with any ofthe provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL ofthe City of Nederland, Texas on this the Jew day of 1996. Homer E. Nagel, Mayor V— City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard Hughes, City Attomey City of Nederland, Texas vuv AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH ' REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council ofthe City of Nederland is ofthe opinion that a definite policy should be established pertaining to traffic regulations including parking rules and required stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section I - NO PARKING ON PAVEMENT There shall be no parking on pavement on the East side of 17th Street for approximately 220 feet South of Boston Avenue. Section 2 - PENALTY Any person who violates any provision of this ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ' Section 3 - REPEALING CLAUSE Any and all ordinances ofthe City of Nederland, Texas in conflict with any ofthe provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL ofthe City of Nederland, Texas on this the Jew day of 1996. Homer E. Nagel, Mayor V— City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard Hughes, City Attomey City of Nederland, Texas vuv 1j -r AGREEMENT ' (EMPLOYEE DRUG /ALCOHOL TESTING) Agreement entered into on the date stated below, between the City of Nederland, State of Texas, a municipal corporation, herein referred to as CITY, and M.P. Clinic, Inc., d /b /a Tower Medical Center, 2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on business in the State of Texas, herein referred to as TESTING FACILITY. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: SECTION ONE TESTING FACILITY REPRESENTATIONS TESTING FACILITY represents that it is a laboratory certified under appropriate federal and state regulations to perform and conduct urine, blood and breath tests to determine chemical or drug content in individuals. SECTION TWO TESTING SERVICES AND FEES ' TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing program to the City of Nederland employees. The description of integrated services to be performed and fees to be charged are set forth in the attachment marked Exhibit "A" (consisting of two pages), which is incorporated herein by reference. TESTING FACILITY further agrees to adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to employee drug /alcohol testing, including but not limited to the provisions regarding confidentiality, chain of custody, and guidelines adopted by the United States Department of Health and Human Services for work place urinalysis. SECTION THREE COMPENSATION For services rendered by TESTING FACILITY under this Agreement, CITY agrees to pay to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment shall be made by CITY within 20 days of its receipt of an itemized statement of services rendered during the preceding month. SECTION FOUR INDEMNIFICATION TESTING FACILITY shall indemnify CITY and hold it harmless against all claims, ' costs, demands, attorneys fees, causes of action, losses, or damage that may arise as the result of any action or conduct by TESTING FACILITY or its agents, employees, or officers in the testing performed or duties imposed under this Agreement. 1 1 CITY. SECTION FIVE ASSIGNMENT No assignment of this Agreement shall be valid without the written consent of the SECTION SIX BREACH A breach of contract by either party shall constitute grounds for cancellation of this Agreement by the other party. However, the party who commits the breach shall have fifteen (15) days after mailing of written notice of such breach from the other party in which to correct or abate the breach and avoid the cancellation. SECTION SEVEN VENUE This Agreement is entered into and performable in Jefferson County, Texas. SECTION EIGHT EFFECTIVE DATE: TERM This Agreement shall take effect on the date signed by the CITY and shall remain in ,effect, subject to the provisions regarding cancellation, for a period of one year therefrom. IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas on the ia- day of , 1996. ATTEST: M.P. CLINIC, INC., d /b /a TOWER MEDICAL CENTER CITY OF NEDERLAND, TEXAS Its: ! Jagn ujj ToWE N E D E R L A AGREEMENT FOR SERVICES EMPLOYER: City of Nederland SUBJECT: Substance Abuse Screening Program Tower Medical Center of Nederland agrees to offer a one call, full service drug and alcohol testing program to the City of Nederland employees. Description of Integrated services and fees shall be as listed: DOT Drug Screen 24.50 MRO (Medical Review Officer) Review and consultation with the applicant /employee regarding his/ her test results 10.00 ' Non -DOT Drug Screen w /confirmation 23.00 ALCOHOL TEST (administered at Tower Medical Center of Nederland using PBA3000 Breath Analyzer) Alcohol detections of 0.4% or greater will be automatically conformed by a second test. This is a calibrated breath analyzer approved by the Department of Transportation (DOT) , and the results are evidential. 17.00 RECORDREEPING /RETENTION (Annual Fee) Includes a quarterly and annual report as required by DOT 100.00 RANDOM GENERATION, the clinic will alpha/ numerically generate a list of employees for your company's random drug testing program. There will be an initial fee for setting up the program and a flat fee for each random pull or list selection. Initial program set -up and enrollment of , employees in the alpha /numerical generator 1.00 /ea Each random pull or list selection 25.00 /ea EXHIBIT "A" 2100 HIGHWAY 365 • NEDERLAND. TEXAS 77627 • 14091724 -2321 REPORTING SERVICES Non -DOT screening results are routinely reported each morning beginning at 8:00 hours. Hard copy test results are generated and mailed every afternoon. SUPERVISOR TRAINING Fee Includes: Supervisor - Employee Training Video Assistance and Referral Information Drugs of Abuse Pamphlets Substance Abuse and Safety in the Workplace Pamphlets Drug -Free Workplace Fact Sheets and NIDA Capsule Poster $400.00 1 L). L Im C ,at Lisa McRae, Office Manager Date Pat Greene, Industrial Service anager I Z '� -Z �ate City of Nederland v v BUDGET AMENDMENT REQUEST 1 Fund General Department 01 30 -00 Public Works Administration Increase the following account(s): Amount 01 30 -00 6210 General Office Supplies $254.09 01 30 -00 6224 Janitorial Supplies $600.00 01 30 -00 6349 Natural Gas $400. 00 Decrease the following account(s) Amount 01 30 -00 6245 Supplies - Building & Grounds $100.00 ✓ 01 31 -00 6245 Insurance - General $1154.09 I Justification for amendment with course of action if not approved: In 01 30 -00: General Office Supplies was under budgeted, Janitorial Supplies is over budget due to floor matts for th office building that were not budgeted, Natural Gas was under budgeted & Supplies - Building & Grounds was over budgeted _ In 01 31 -00 Insurance - General has been allocated and was over budgeted Department Head Re esting Amendment Date Funds Available: City Tr surer Date Approved: ity Manager Date Approved by Council: Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 20, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the May 6, 1996 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Garland Dias and Mr. Douglas of the United States Coast Guard declaring May 18 -24, 1996 as "National Safe Boating Week" in Nederland, Texas. ' A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve the Proclamation declaring May 18 -24, 1996 as "National, Safe Boating Week" in Nederland, Texas. All Voted Aye. PUBLIC The regular meeting was recessed and a Public Hearing called to order at 6:06 HEARING p.m. by Mayor Nagel. Richard Hughes, City Attorney, informed the Council and citizens in attendance that the City and Gulf States Utilities have reached a tentative agreement and it is no longer necessary to set the interim rates. Due to the agreement the Public Hearing should be postponed. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone the Public Hearing establishing interim rates for Gulf States Utilities/Entergy. All Voted Aye. RECONVENE The regular meeting was reconvened at 6:08 p.m by Mayor Nagel. RESOLUTION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1996 -15, accepting the agreement proposed by GSU/Entergy in the rate case. All Voted Aye. Minutes continued, May 20, 1996 A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve an Amendment to Resolution 1996 -11, directing Gulf States Utilities to file certain information with the City of Nederland in November, 1996. All Voted Aye. ORDINANCES Andre Wimer, City Manager, explained that TNRCC is requiring cities to approve an ordinance making it a violation to engage in recreational activities or trespass in the waters of the city's fresh water canal within two hundred feet (200) of the water intake pump station. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve Ordinance No. 1996 -04, TNRCC requirement for drinking water. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman Nugent to AGREEMENTS approve an agreement with the Jefferson County Amateur Radio Club for use of the old library building on Boston Avenue @ 10th Street. All Voted Aye. The City Manager stated that staff is requesting the firm of Tischler/Kocurek Environmental Engineers be retained to assist the City in obtaining approval from TNRCC to continue pumping from the Wastewater Treatment Plant to our present location rather than constructing a pipeline to the Neches River. The pipeline is expected to cost approximately $3,000,000., and it is the City's intent to use this money to work on sewer lines. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve the letter agreement with Tischler/Kocurek Environmental Engineers for environmental engineering services for wastewater discharge permit in an amount not to exceed $2,500.00. All Voted Aye. WATER Steve Hamilton, Director of Public Works, gave a brief overview of the STORAGE TANKS structural design analysis of the 1,000,000 gallon concrete ground reservoir located at the Water Treatment Plant site as prepared by Don S. Reichle & Associates. Mr. Hamilton added that this tank was constructed in 1961 and the following areas have been found to be inadequate: roof slab, girders, columns, spread footings, and shell. The report indicates that it is apparent that the original design took into account only the dead weight of the structure. Structural member sizes, spacings, steel reinforcements, etc. have been shown to be inadequate and/or insufficient - resulting in the visible sagging and cracking, as well as the probable and predicted failures at the areas not accessible or visible at this point in time. It is the opinion of the analysts that the roof slab portion of the structure cannot be cost effectively repaired to meet present day code requirements. Minutes continued, May 20, 1996 A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract with Don S. Reichle & Associates for inspection and engineering services for Phase I, Stage 2 in the amount of $8,750.00 and Phase II in the amount of $6,700.00. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Costello, Inc. in the amount of $2,929.75 for a preliminary drainage study. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the amount of $4,064.00, Wastewater System Improvements. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:00 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, to discuss the purchase, exchange, lease, or value of real property; Chapter 551.071, to discuss pending and threatened litigation; and, Chapter 551.074, to receive comments concerning personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. ' RECONVENE The regular meeting was reconvened at 7:41 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS Andre' Wimer, City Manager, informed the Council that the auction held las COMMENTS week brought in a total of $28,000.00 with the City of Nederland's portion being approximately $3,600.00. Mr. Wimer added that the new Water Treatment Plant was tested last week and a problem was discovered on the control mechanism. Allco is continuing work on this problem. The City Manager reported that the Volunteer Fire Department is conducting a rattle in order to raise funds for the Fire House. The drawing will be for a Polaris 4 -Wheel ATV and will be conducted on July 2, 1996. Tickets are being sold for $5.00 each. i Iv - Minutes continued, May 20, 1996 ADJOURN There being no further business, the meeting was adjourned at 7:50 p.m by , Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1� CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor ,/ Robert D. Sawyer Councilman Ward 1 ✓ Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney V" Billy Neal Police Chief ✓ Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. ✓ Steve Hamilton Public Works Dir. ✓ Rod Hatch Building Official ✓ Jim Weaver I Parks Director Victoria Klehn I Librarian Mayor City Secretary c Date0 ri 1 v -x CITY OF NEDERLAND 'PROGRAMMED PROGRESS' Mid-Jefferson County, Texas Oar? offk? Vqor Americans are increasingly beading to the water for recreation and relaxation as the opportunities for on -the -water activities grow each year. But with this growth comes additional responsibility. It is vital that both the novice and experienced boaters alike practice safe boating habits -- especially wearing a life jacket. Approximately 80 percent of the people who died in boating accidents in 1994 were not wearing life jackets. When you leave for a day of boating, you seldom expect to end up in the water. But if you do and are not wearing a life jacket, you greatly increase your chances of becoming a boating statistic. WHEREAS, in recognizing that hundreds of lives could be saved each year by the wearing of life jackets - -and the life jackets of today are more comfortable, more attractive and more wearable than earlier styles of years past. WHEREAS, the law requires that wearable life jackets be carried for each person on board the host- -and little effort is needed to wear those life jackets. NOW, THEREFORE, I, Homer E. Nagel, Mayor of Nederland, 'Texas, do hereby proclaim May 18- 24,1996, as "National Safe Boating Week" and the start of the year -round effort to promote safe boating. IN WITNESS WHEREOF, I urge all those who boat to wear their life jackets and practice safe boating. GIVEN under myself and the seal of TEXAS, at the City of Nederland, this 20th day of May, 1996. ATTEST: Homer H. Nagel, 1 1 1 1 CITY OF NEDERLAND RESOLUTION 1996 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, ACCEPTING A FORMAL STIPULATION AND AGREEMENT OF GULF STATES UTILITIES, INC. (ENTERGY). WHEREAS, the City Council of the City of Nederland, Texas, desires to accept an agreement reached with Gulf States Utilities, Inc. ( Entergy) concerning the City's request for a rate inquiry and the rate case Entergy is filing in November, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: The formal stipulation and agreement of Gulf States Utilities, Inc. ( Entergy) as set forth in Entergy's letter to the City dated May 7, 1996, a copy of which is attached as Exhibit "A" and incorporated herein by reference, is hereby approved and accepted by the City of Nederland. PASSED AND APPROVED this the c>ID day of May, 1996, ATTEST: LaDonna Floyd, City Se6retary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughe�Cily , A torney CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor a v v AN AMENDMENT TO RESOLUTION NO. 1996 -11 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AMENDING RESOLUTION NO. 1996 -11, SECTION 2, DIRECTING GULF STATES UTILITIES COMPANY TO FILE CERTAIN INFORMATION WITH THE CITY OF NEDERLAND, TEXAS, IN NOVEMBER, 1996. WHEREAS, the City of Nederland, Texas, is a regulatory authority under the Public Utility Regulatory Act and has original jurisdiction over the rates of Gulf States Utilities Company to determine if such rates are fair, just and reasonable; and WHEREAS, preliminary information furnished by Gulf States Utilities Company supports the filing of a complaint pursuant to Section 2.211 of the Public Utility Regulatory Act and the initiation of a procedure pursuant thereto for the further investigation and review of the rates of Gulf States Utilities Company to determine if such rates are fair, just and reasonable; and WHEREAS, the stipulation and agreement in Docket 11292, before the Public Utility Commission of Texas, application of Entergy Corporation and Gulf States Utilities Company for sale, transfer or merger, provides that if the base rates of the Company are reduced then such rate reduction shall be effective from the date of initiation of this procedure; and WHEREAS, such stipulation and agreement requires the filing of a rate case by the Company in November, 1996 utilizing a test year ending June 30, 1996; and WHEREAS, Resolution No. 1996 -11, Section 2, established an August 1, 1996 deadline for filing of certain information by the Company; and WHEREAS, the City Council now desires to grant an extension of time for filing such , rate filing package based upon an agreement of the parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 2 of Resolution No. 1996 -11 pertaining to the time for filing of rate filing package is amended by deleting the phrase "on or before August 1, 1996" and by adding in its place the phrase "in November, 1996 ". PASSED AND APPROVED this the -24) day of May, 1996. omerl- Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: &,d Hughes, C' Attorney ORDINANCE NO. 1996 -04 ' AN ORDINANCE MAKING IT A VIOLATION TO ENGAGE IN RECREATIONAL ACTIVITIES OR TRESPASS IN THE WATERS OF THE CITY'S FRESH WATER CANAL ALONG CANAL AVENUE WITHIN TWO HUNDRED FEED (200') OF THE WATER INTAKE PUMP STATION LOCATED AT CANAL AVENUE AND 17TH STREET AND PROVIDING FOR A PENALTY. WHEREAS, the City Council ofthe City of Nederland, Texas, deems it to be in the best interest ofthe City of Nederland to protect its water supply and in order to do so determine it to be necessary to make it a violation ofthe law for anyone to trespass in the waters ofthe fresh water supply canal within the City limits located along Canal Avenue or to engage in any recreational activities in such waters within two hundred feet (200') ofthe Fresh Water Station and Intake Valve located at Canal Avenue and 17th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That there is hereby declared a restricted zone on the waters ofthe fresh water intake canal belonging to the City of Nederland along Canal Avenue and inside the City of Nederland and such zone is any part ofthe water located within the City limits and within two hundred feet (200) ofthe Intake Valve ofthe Water Pump Station at Canal Avenue and 17th Street within the City of Nederland. No person shall enter upon such waters nor shall any person engage in recreational activities within such restricted area. A violation of this Ordinance shall be a Class "C" misdemeanor and shall be punishable by fine as provided in the City of Ordinances ofthe City of Nederland. Section 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. The provisions of this ordinance shall become eiFective upon passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL ofthe City of Nederland at a regular meeting on this (,Z0 day of , A.D., 1996. CITY OF NEDERLAND, TEXAS / Homer or ci'- �i1ZJ� ATTEST: c44" Cie & "d LaDonna Floyd, City Secretary Richard D. Hughes, City 41torney u THE STATE OF TEXAS § ' § LEASE AGREEMENT COUNTY OF JEFFERSON § This Lease Agreement ( "Lease ") is made and entered into effective January 1, 1995, by and between the CITY OF NEDERLAND ( "Lessor ") and JEFFERSON COUNTY AMATEUR RADIO CLUB ( "Lessee "), by and through its officers and members. Lessor leases to Lessee, and Lessee leases from Lessor, all that certain property situated, lying and being located in Jefferson County, Texas, known as 923 Boston Avenue, Nederland, Texas ( "Leased Premises "). I. TERM 1.1 The term of this Lease shall be for a period of two (2) years, beginning on the 1st day of June, 1996 and ending on May 31, 1998, unless terminated earlier as provided in this Lease. II. RENT 2.1 Rent shall be the sum of ONE AND NO 1100 ($1.00) DOLLAR per year. Rent shall be payable annually, in advance, on the first (1st) day of each year, beginning on June 1, 1996 and continuing regularly until the termination of this Lease. 2.2 Rent shall be payable at the office of Lessor, unless Lessee is otherwise notified by Lessor in accordance with Paragraph 7.1 hereof. III. USE 3.1 The Leased Premises shall be used only as a meeting place for members of JEFFERSON COUNTY AMATEUR RADIO CLUB. Neither Lessor nor Lessee shall permit the Leased Premises or any part of the Leased Premises to be used for (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire or liability insurance on the Leased Premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public laws, regulations or rules of any public authority at any time applicable to the Leased Premises. 1 IV. DESTRUCTION OF PREMISES 4.1 Should any buildings or improvements on the Leased Premises be damaged or destroyed by an insured peril covered by the insurance required under Paragraph 21.1 hereof not the fault of Lessee or any person in or about the Leased Premises with the express or implied consent of Lessee, they shall be repaired or replaced in accordance with Paragraph 21.1 hereof, and the rent payable by Lessee pursuant to this Lease shall be abated to the extent such damage or destruction renders the Leased Premises unusable by Lessee; provided, however, that Lessor shall have no obligation to repair and restore the damaged buildings and improvements to the condition they were in immediately preceding the damage or destruction. V. IMPROVEMENTS TO PROPERTY 5.1 All alterations, changes, and improvements built, constructed, or placed on the Leased Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, become the property of Lessor and shall remain on the Leased Premises at the expiration or earlier termination of this Lease. Lessee may not make or place any such alterations, changes, or improvements on the Leased Premises without Lessor's prior written consent, which consent may be withheld for any reason. 5.2 Lessee shall accept the Leased Premises in it present condition and Lessor shall have no obligation for any modification of the existing improvements. VI. RECORDATION 6.1 Neither this Lease, nor a memorandum hereof, may be recorded in any public office, including but not limited to the Official Public Records of the Jefferson County Clerk's office, Jefferson County, Texas. VII. NOTICES 7.1 All notices or other communication required or permitted by this Lease to be served on or given to either party to this Lease by the other party must be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or, in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to the following: 1 If to Lessor: City of Nederland P.O. Box 967 Nederland, Texas 77627 If to Lessee: JEFFERSON COUNTY AMATEUR RADIO CLUB 923 Boston Avenue Nederland, Texas 77627 VIII. ATTORNEY'S FEES 8.1 If any litigation is commenced between the parties to this Lease concerning the Leased Premises, this Lease, or the rights and duties of either party in relation to this Lease, the party prevailing in such litigation will be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees in that litigation. IX. WAIVER OF BREACH 1 9.1 The waiver by Lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a ' different provision of this Lease. X. TIME OF ESSENCE 10.1 Time is expressly declared to be of the essence in this Lease. XI. BINDING ON HEIRS AND ASSIGNS 11.1 Subject to any contrary provisions of this Lease, all provisions of this Lease shall extend to and bind, or inure to the benefit of, the parties to this Lease and also to every one of the respective heirs, executors, representatives, successors, and assigns of Lessor or Lessee. XII. RIGHTS AND REMEDIES CUMULATIVE 12.1 The rights and remedies provided by this Lease are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. I 1 1 XIII. TEXAS LAW TO APPLY 13.1 This Lease shall be construed under and in accordance with the laws of the State of Texas and the venue for the performance of this Lease and any resulting litigation shall be Jefferson County, Texas, unless otherwise required by law. XIV. LEGAL CONSTRUCTION 14.1 In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Lease, and this Lease must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Lease. XV. PRIOR AGREEMENTS SUPERSEDED 15.1 This Lease constitutes the only agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. XVI. AMENDMENT 16.1 No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease, and duly executed by the parties to this Lease. XVII. MAINTENANCE 17.1 Lessee shall throughout the lease term and any other period of tenancy, at its expense and risk maintain and be responsible for the roof, foundation, underground or otherwise concealed plumbing, the structural soundness of the existing exterior walls and all other necessary repairs needed on or about the Leased Premises, including but not limited to repairs (including all necessary replacements) to windows, window glass, doors, heating and air conditioning systems, and plumbing systems; III 11? XIII. SURRENDER 18.1 Lessee shall throughout the lease term and any other period of tenancy maintain the building or other improvements constituting the Leased Premises and keep them free from waste or nuisance, and shall deliver up the Leased Premises in a clean and sanitary condition at the expiration or earlier termination of this Lease in good repair and condition, reasonable wear and tear and damage by fire, tornado, or other casualty excepted. 18.2 Lessee shall establish and maintain, at Lessee's sole expense, a system to assure and monitor continued compliance with all applicable environmental laws and regulations and the exclusion of all hazardous substances from the Leased Premises. Lessee shall give prompt written notices to Lessor of: (i) any proceeding or inquiry by any governmental or non - governmental entity or person with respect to the presence of any hazardous substance on, under, from, or about the Leased Premises, the migration thereof from or to other property, the disposal, storage, or treatment of any hazardous substance generated or used on, under, or about the Leased Premises, (ii) all claims made or threatened by any third party against Lessee or the Leased Premises or any other owner or operator of the Leased Premises relating to any loss or inquiry resulting from any hazardous substance, and (iii) Lessee's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Leased Premises that could cause the Leased Premises or any part thereof to be subject to any investigation or cleanup of the Leased Premises pursuant to any environmental law or regulation. Further, Lessee shall protect, indemnify, and hold harmless Lessor, its successors and assigns from and against any and all loss, damage, costs, expense, action, causes of action, or liability (including attorneys' fees and costs) directly or indirectly arising from or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of any hazardous substance on, under or about the Leased Premises, whether known or unknown at the time of the execution of this Lease. M. UTILITIES 19.1 Lessee shall throughout the lease term and any other period of tenancy pay all utility charges for water, electricity, beat, gas, power and all other utilities used in and about the Leased Premises, all such charges to be paid by Lessee to the utility company or municipality furnishing same, before such charges shall become delinquent. XX. TAXES 20.1 Lessee shall be liable for personal property taxes levied on the contents of the Leased Premises during the term of this Lease or any extension thereto or any other period of tenancy. Lessee shall pay all such taxes on or before January 31st of the year , 113 immediately following the year of accrual and shall furnish receipts to Lessor, upon Lessor's written demand, showing full payment of said taxes. XXI. INSURANCE 21.2 Lessee, at its own expense, also shall provide and maintain in force during the term of this Lease and any other period of tenancy, General Liability Insurance in the amount of not less than 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 21.2. 21.3 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. XXII. ASSIGNMENT AND SUBLETTING 22.1 Lessee shall not have the right, without the prior written consent of Lessor, to assign this Lease, or any interest herein, or to sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, which consent of Lessor may not be compelled. 22.2 Lessor is expressly given the right to assign any or all of its interests under the terms of this Lease without the prior written consent of Lessee. XXIII. AS IS 23.1 LESSEE ACKNOWLEDGES AND AGREES BY THEIR ACCEPTANCE HEREOF, THAT THE LEASED PREMISES WILL BE LEASED "AS IS ", "WHERE IS" ,r AND IN ITS PRESENT CONDITION WITH ALL FAULTS, IF ANY, AND THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE LEASED PREMISES, THE SUITABILITY OF THE LEASED PREMISES FOR ANY AND ALL ACTIVITIES AND USES WHICH LESSEE MAY CONDUCT THEREON, COMPLIANCE BY THE LEASED PREMISES WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LEASED PREMISES, OR OTHERWISE WITH RESPECT TO THE LEASED PREMISES, AND SPECIFICALLY THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES ON, UNDER OR ABOUT THE LEASED PREMISES OR THE COMPLIANCE OR NONCOMPLIANCE OF THE LEASED PREMISES WITH ANY APPLICABLE LOCAL, STATE OR FEDERAL STATUTE OR REGULATION. XXIV. INDEMNITY 24.1 Lessee agrees to indemnify and hold Lessor 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 Lessee's business on the Leased Premises or its use of the Leased Premises, or from any breach on the part of Lessee of any condition of this Lease, or from any act or negligence of Lessee, its officers, agents, contractors, employees, tenants, or invitees on or about the Leased Premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel of Lessor's choice. XXV. DEFAULT 25.1 The following events shall be deemed to be events of default by Lessee under this Lease: a. Lessee fails to pay any utility bill within thirty (30) days from its due date. b. Lessee fails to comply with any term, provision, or covenant of this Lease, including the payment of any consideration or performance of any obligation of this Lease. 115 ' c. Lessee deserts or completely vacates the Leased Premises for a period of thirty (30) days or more. d. Lessee fails to pay maintenance and repair expenses, if any, in accordance with the terms hereof and does not cure such failure with thirty (30) days after Lessor's written notice of the failure to Lessee. 25.2 Lessor's failure to comply with any term, provision, or covenant of this Lease and does not cure such failure within thirty (30) days after Lessee's written notice of the failure to Lessor shall be deemed an event of default by Lessor under this Lease. XXVI. REMEDIES 26.1 Upon the occurrence of any event of default specified in Paragraph 25.1 hereof, Lessor shall have the option to pursue any one or more of the following remedies: a. Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to do so, Lessor, may without prejudice to any other remedy that it may have for possession, enter upon and take possession and expel or remove Lessee and ■ any other person who may be occupying the Leased Premises or any part of them, by force if necessary. b. Lessor may cure the default, at Lessor's expense, and seek damages and all other remedies from Lessee allowed by law and in equity. 26.2 Upon the occurrence of the event of default specified in Paragraph 25.2 hereof, Lessee shall have the option to terminate this Lease upon giving at least thirty (30) days' written notice to Lessor of such intention. In the event Lessee elects this option, the Lease will be terminated on the date designated in Lessee's notice, unless Lessor has cured the default prior to expiration of the thirty (30) -day period. 26.3 Pursuit of any of the remedies provided in this Lease by either Lessor or Lessee shall not preclude pursuit of any of the other remedies provided in this Lease. Pursuit of any remedy in this Lease or by law by either party shall not constitute a forfeiture or waiver of any damages accruing to either party by reason of the violation of any of the terms, provisions and covenants contained in this Lease. 26.4 No waiver by either party of any default or violation or breach of any of the terms, provisions, and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants of the Lease. Forbearance by either party to enforce one or more of the 41-f; remedies provided in this Lease are by law upon an event of default shall not be deemed or construed to constitute a waiver of such default. , EXECUTED this the o2D day of MCL / 1996. LESSOR: CITY OF NEDERLAND By:�rG Name: Homer E. Nagel ° ly ATTESTED: Title: Mayor City cry Secrc��eta­ry���— LESSEE: JEFFERSON COUNTY AMATEUR RADIO CLUB By:_ Name: Title: I May -16 -96 11:37A Tischl ,VLr/Kocurek 5123883409 P_O1 117 'rlyc•I11t •,• � K,t•urt•k Fnvirnuuu•u,al Eiigint," May 16, 1496 Mr. Steve Hamilton, P.H. Director of Public Works City Engineer P.O. Box 967 Nederland, Texas 77627 Re: Proposed Enviru/nlnun lei I Engineering Services Dear Steve: We enjoyed meeting today with you and Cary Matt of the City of Nederland and Ricky Bourque of Schaumburg & folk, Inc. We would be pleased to help the City of Nederland assess the options available to there regarding its wastewater discharge permit. As you ' rcqucsted, we would review the information available from the Texas Natural Resource and Conservation Commission (TNRCC) regarding the permit site and receiving water assessment performed by the TNRCC as well as the water quality modeling for the receiving stream. This review will allow us to determine the possible options that might he available to reassess both the permit limits and the location of the discharge outfall. The stop: if work would involve contacting TNRCC staff and collecting documents pertaini! to the assessments and modeling, reviewing these documents, and preparing a summary letter outlining the options which we think would be feasible to purSUe. Our peoposed cost for this work is a maxintu m- not -lo- exceed budget of 52,500 which includes labor and miseellancous costs such as telephone and faxing. We estimate that we could complete this work, including the summary repot, three weeks after you give us notice to proceed. Again, the crt.joycd meeting you and looking forward to working with the city on this project. sincerely. Dianna S. Kocurek, RE— C,S.P., D.E.E Partner CCC LLiial___ F. Tischler, Ph.D., I'.E., D.F..FS, I'artncr 107 Nnrth %lays .151 1 J1058 lttn,utt 1A,t•It.'naui?ttG1;a 311.:4;U.3409 F.%\ R -97% 5123883409 nR -tF -QA t9 -n9pm toner ktt 1111 ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made this 4-20 day of rnL�L , 1996, by and between CITY OF NEDERLAND acting herein by and through its CITY MANAGER 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 PHASE I (STAGE 2) WORK— DETAILED INSPECTION and PHASE II WORK — PREPARATION OF PLANS & SPECIFICATIONS, TAKING OF BIDS EVALUATION OF LOW BIDS AND AWARD OF CONTRAC T FOR 1000 MG FILTER PLANT GROUND RESERVOIR ROOF. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated May 15, 1996, signed by Don S. Reichle. P.E. , (copy attached) the terms and conditions of said proposal, including lump sum fees, are satisfactory to the CLIENT, as to Phase I (Stage 2) and Phase II only. THE ENGINEER agrees to carry out and perform the services herein agreed to in a professional and competent manner. The ENGINEER shall be solely responsible for the safety of himself and his employees, as well as for the protection of his property or the property of the CLIENT, as a result of his operations under this Agreement. The ENGINEER shall protect, defend, indemnify, and hold the CLIENT harmless from and against any and all claims, losses, damages, causes of action, 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 ENGINEER 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. MY C 91FIOU1 F A AQCAf`IATFS "EOM-0. TN." 1 1 1 1 i ,--I 119 NOW, THEREFORE, THIS AGREEMENT WITNESSETH: 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. The ENGINEER shall commence work upon receipt of a written authorization from the CITY and shall complete Phase I, Stage 2 Work within THIRTY (30) working days and Phase II Work within THIRTY (30) working days. IN WITNESS WHEREOF, the parties to these presents have hereunto caused these presents to be executed in duplicate the day and year first above mentioned. ATTEST: CITY OF NEDERLAND For (Client) yl' \0.��I�r Title ATTEST: DON S. REICHLE & ASSOCIATES For (Engineer) Steph nie Gallagher U By Title nON S FFICNI F A ASSOCIATES -- _ NEDERLAND. TEXAS I4U REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 10, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the May 20, 1996 meeting as written. All Voted Aye. WASTEWATER Andre Wimer, City Manager, explained that the Texas Water Development TREATMENT Board has expressed an interest in assisting the City, through the State PLANT Revolving Fund (SRF), with funding for the wastewater project. He added that this could result in approximately $1 million in savings to the City of I Nederland. Jim Gilley, Coastal Securities, Ltd., stated that the City will have more flexibility with the SRF, as well as more options at the time the bonds are sold. The City will still be able to sell bonds in the three installments but the rates will not be set until the bonds are actually sold. He is recommending that the City move forward in the application process. Mark Hall, Texas Water Development Board, informed the Council that an environmental assessment will need to be performed prior to submittal of the application. Mr. Hall added that he does not anticipate any problems with the assessment. Gary Graham, Schaumburg & Polk, reported that they have prepared a draft of the water conservation document and an environmental assessment. Mr. Wimer stated that if it is Council's desire staff can move forward with the process in working with Mr. Gilley and Mr. Hall in order that the City of Nederland could be placed on the Board's September agenda. Mayor Nagel asked if Resolution 1996 -10, which was approved earlier this , year, will need to be amended. Richard Hughes, City Attorney, responded that it will not affect this project. 121 Minutes continued, June 10, 1996 Mr. Gilley added that deadline for submitting the application to the Board is in July. He added that a resolution will need to be approved by the Council authorizing the submittal of the application, as well as a resolution authorizing the City to be reimbursed. He suggested that these be placed on the July 22nd agenda. DRAINAGE Greg Frank, Costello, Inc., briefed the Council on the drainage report as provided by them. He added that they performed a quick, visual survey of the City to determine what type of facilities were being used. Mr. Frank explained two options the City could choose from for a more in depth study. Option 1 will cost approximately $175,900 and Option 2 will cost approximately $260,700. Option 1 consists of modelling of 7 of the 13 tributaries which serve the City, and surveying, modelling and mapping approximately one -half of the City. The majority of the work involved with the overall project will be performed in Option 1. To continue with Option 2 adds additional surveying and mapping and additional engineering time for modelling the remaining tributaries. He reported that he contacted the Texas Water Development Board concerning application requirements for assistance with the funding of the study. All applications will be due by August 5, 1996. He has prepared a draft application to apply for matching funds. Mayor Nagel reported that he, Mr. Wimer, and Chief Neal met with Burt Lee of Drainage District No. 7 last week and he indicated that they would be willing to participate in the study as it pertains to their ditches. He suggested that the City Manager and staff continue to work with Costello in determining the scope of work and cost estimate for each entity for Option 1. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the study as presented by Costello, Inc. All Voted Aye. Mayor Nagel read the City's response to the questions presented by the citizens group regarding drainage concerns. (See attached) Emie Autin, spokesperson for the group, thanked the Council for their efforts in responding to their questions. COMMENTS Dan Crowley, 1224 South 36th Street, addressed Council relative to a dilapidated house located at 226 Hill Terrace. Mayor Nagel responded that the City has initiated the process of notifying the owners that the property is in violation of City ordinances. 122 Minutes continued, June 10, 1996 ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman ' Daughtry to approve Ordinance No. 1996 -03, allowing the City to make current service and prior service contributions to the Texas Municipal Retirement System. All Voted Aye. CONTRACT Richard Hughes, City Attorney, expressed several concerns with the proposed contract with Municipal Services Bureau for collection of delinquent court fines. He suggested that a venue clause, confidentiality clause, and a change in their letter calling themselves agents to independent contractors. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to postpone approving a contract with Municipal Services Bureau for collection of delinquent court fines. All Voted Aye. LICENSE TO A motion was made by Mayor Nagel and seconded by Councilman Radcliff ENCROACH to grant a License to Encroach at 307 Hunter Ridge Lane and authorizing the City Manager to sign document. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to award bids received for playground equipment for Doornbos Park to GameTime, Inc., New Braunfels, TX, in the amount of $17,523.27. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for road repair and building materials as follows: concrete placement - 2,940 L.F. to Hollier Construction, Groves, TX - $4.90/l.f.; limestone base (large aggregate) - 2,000 tons to Transit Mix, Beaumont, TX - $13.70 /ton; limestone base (small aggregate) - 2,225 tons to Transit Mix, Beaumont, TX - $15.00 /ton; concrete - 401 cubic yards to Transit Mix, Beaumont, TX - $59.00 /cubic yard; stabilized sand - 475 tons to Transit Mix, Beaumont, TX - $16.50 /ton; 610 limestone base - 1,500 tons to Transit Mix, Beaumont, TX - $15.70 /ton; precoated aggregrate - 800 tons to Vulcan, San Antonio, TX - $28.58 /ton; AES -300 emulsion - 49,800 gallons to Koch Materials Company, Port Neches, TX - $0.66 /gallon; and, RS -2 emulsion - 17,000 gallons to Koch Materials Company, Port Neches, TX - $0.62 /gallon. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to , authorize payment to KSA Engineers, Inc. in the amount of $3,875.60, Water Treatment Plant construction phase. All Voted Aye. 1 1 1 Minutes continued, June 10, 1996 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment of the bills for the month of May, 1996. All Voted Aye. EXECUTIVE The regular meeting was recessed at 8:05 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, to discuss the purchase, exchange, lease, or value of real property; Chapter 551.071, to discuss pending and threatened litigation: Helen Serres vs. City of Nederland; Roger D. McGuire vs. City of Nederland; and, Norman Lee Rushing vs. City of Nederland; and Chapter 551.074, receive comments concerning personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. RECONVENE The regular meeting was reconvened at 8:35 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. COMMUNI- Andr6 Wimer, City Manager, reported that he received an invoice in the CATION amount of $866.00 from BFI for the Spring Clean -Up. The City Manager informed the Council that the final inspection for the Water Treatment Plant is scheduled for Wednesday, June 19th. He added that Mayor Nagel has been appointed to the SETRPC Review Committee and they will meet Tuesday, June 11th, to begin reviewing the applications for the 1996 CDBG projects. Mayor Nagel reported that trash is still being placed in ditches throughout the City. He suggested that we have some tags printed to be placed on the residents door where trash is observed in the ditches notifying them that it is a violation of the City ordinance to block drainage structures. Councilman Daughtry reported that numerous stop signs, street signs, etc. are in need of repairs and/or replacement. ADJOURN There being no further business the meeting was adjourned at 8:45 p.m. by Mayor Nagel. Homer E. Nagel, Mayor �ATTEST: LaDonna Floyd, City Secretary 123' VK. CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor I/ Robert D. Sawyer Councilman Ward 1 I/ Joe Daughtry Councilman Ward 2 V/ Mike Radcliff Councilman Ward 3 / R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official / Jim Weaver Parks Director Victoria Klehn Librarian I V- ayor City Secretary �C -/O - 9Co Date 1 1 ' To determine if the American Red Cross was remise (sic) in its responsibilities as an official representative of FENIA in assessing the extent of damages within the flood zone. In responding to this inquiry, please note that the American Red Cross is not an "official representative" of the Federal Emergency Management Agency (FEMA) based upon information received by City Staff. To determine if the American Red Cross was remise (sic) in fulfilling its mission in providing relief to flood victims within the flood zone. Neither Red Cross staff or City staff is aware of any individual requesting emergency shelter as a result of the rainfall. Notwithstanding the absence of any such request, it did not appear that any temporary housing/assistance was required. In speaking with representatives of the Red Cross, the staff has indicated that 175 homes were observed during and after the rainfall. Of these structures, Red Cross indicated that they documented 60 homes which received damage and that their staff entered two (2) of these homes. Their review indicated that the highest water level observed, from ground level, was eight (8) inches. ' To officially understand the operation and function of DD7 prior to, during, and after the flood. The specific operation of DD7 was addressed by DD7 representative, Mr. Marvin Kebodeaux, at a public meeting on December 18, 1995, and by Mr. Bert Lee and his staff at a public meeting held on January 11, 1996. The City feels that the responses provided by DD7 at these times adequately addressed DDT's operation and function. To determine what the City of Nederland and its operating units did in response prior to, during, and after the flood. The City received numerous telephone calls regarding high water in the early morning on December 18, 1995. Employees of the Police Department, Fire Department, and Public Works Department were present during this situation. The City contacted the State for assistance in verifying the amount of damage. Additionally, the City, through Jefferson County Emergency Management, contacted the Red Cross. City staff also compiled a listing of houses which received damage. 1 125 1: 'b To uncover the root cause of flooding situations within the City of Nederland which are I claimed to have been going on for years and are seemingly getting worse. As has previously been explained, the DD7 system is designed to accommodate 10 inches of rainfall within a 24 -hour period; on December 17 -18, 1995, the amount of rainfall in Nederland exceeded the design capacity of the system. A similar situation occurred in October 1994 when the quantity of rain was also in excess of the capacity of the drainage system. Prior to this occurrence, the last significant amount of flooding appears to have occurred in 1979. In those areas along and near the canals, it appears that the quantity of rain simply exceeded capacity. The City Council will be considering the authorizing of a detailed engineering assessment of the City's drainage system. To determine the extent to which claims of raw sewage, human feces, and other substances deemed hazardous to human health were released during the flood. During the early morning of December 18, 1995, numerous manholes overflowed as a result of the heavy rain. Staff estimates that approximately 750,000 gallons of wastewater I overflowed during this time. Staff reported these overflows to both the TNRCC and the EPA. To determine what, if any, action is being taken to understand and correct the problem. As previously mentioned, the City Council will be considering the authorization of a drainage study. To determine if drinking water in isolated areas within Nederland City limits was contaminated by flood waters and /or raw sewage during or after the flood. Records maintained by the City indicate that there was no contamination of the water system. First, the City submits 25 samples per month to a State approved laboratory specifically to be tested for total Coliform and E Coli bacteria. Samples were drawn on December 19, 1995 and the results indicate no contamination. Samples are drawn from the following locations: 411 Avenue E 2300 Avenue H ' 316 South 27th Street 17th Street and Canal Avenue 3501 Highway 69 North Highway 69 923 Franklin 1;:�/ Secondly, State regulations require that water distribution systems maintain 35 PSI under normal operating conditions and 20 PSI under peak operating conditions. This standard has been established in order to ensure adequate flow within the system, as well as to provide a inside /out flow of water in case of a water line rupture/break. The City typically maintains an operating pressure of 55 PSI under normal conditions. Third, again pursuant to State regulations, the City is required to maintain a 0.5 mg/1 chlorine residual in the water distribution system. The City typically retains a Chlorine residual of 2.0 -2.2 mg/1 within the system. On December 18, 1995, a chlorine residual of 2.0 mg/1 was present at Parkway Village, which is the most distant portion of the City's distribution system. To understand the contents of environmental impact (e.g., flood plain issues) studies conducted prior to new developments within the Nederland City limits, specifically Hunter's Ridge, Allan Meadows, and other recently established (last 10 years) residential and commercial areas. First, as defined by FEMA, there are no flood plains located within the City. Secondly, the City of Nederland does not require "environmental impact studies" for subdivisions and/or ' commercial development of already subdivided property. The City's subdivision ordinance does, however, require that the minimum runoff used in calculating drainage structures shall not be less than one inch per hour total runoff. When the City receives plans for a project, City staff reviews the designs and, if necessary, requests modifications. The project's engineer performs the analysis and staff reviews the calculations. The last three (3) subdivisions approved were Hunter's Ridge, Chelsey Place, and King's Court in 1992. When Hunter's Ridge and Chelsey Place were submitted, drainage was a consideration. Ultimately, the City, with concurrence from DD7, approved both Hunter's Ridge and Chelsey Place as being compliant with the City's ordinance. 1 1 :�3 CITY OF NEDERLAND ORDINANCE NO. 1996 -03 AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WITHIN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND WITHIN A PERIOD OF TWENTY -FIVE (25) YEARS FROM THE MOST RECENT VALUATION DATE, THE COSTS OF EMPLOYEE BENEFITS PAYABLE FROM, OR CHARGEABLE TO, THE CITY'S SAID ACCOUNT IN SAID FUND. WHEREAS, the City of Nederland is a participating municipality in the Texas Municipal Retirement System, and has heretofore undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the "TMRS Act "); and WHEREAS, the actuary for the System has determined that the City cannot fund the existing level of such benefits as are chargeable to its account in the Municipal Accumulation Fund of the System, within a period of twenty -five (25) years from the latest actuarial valuation date by contributions at the present maximum rate allowed by Sections 855.407(a) and 855.501, of the TMRS Act; and WHEREAS, it is in the public interest that adequate provision be made to fund such benefits as authorized by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Pursuant to Section 855.407(1) of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the Municipal Accumulation Fund of the System at such combined maximum rate as the System's actuary shall annually determine as the rate necessary to fund, within a period of twenty -five (25) years from the latest actuarial valuation date, the costs of all benefits heretofore undertaken to be provided by the City and which are chargeable to or are to be paid out of the City's account in said accumulation fund. Section 2. The provisions of this ordinance shall become effective on January 1, 1996, and shall cease to be effective on January 1, 1997. Section 3. This ordinance is intended to supersede and repeal the provisions of Ordinance No. 1994 -15. PASSED AND APPROVED BY TIE CITY COUNCIL of the City of Nederland at a regular meeting on this _L0 day of [�, 1996. / CITY OF NEDERLAND, TEXAS Homer E. Nagel, E. Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, D. Hughes, Cit�rney 1 1 1 1 LICENSE TO ENCROACH THE STATE OF TEXAS COUNTY OF JEFFERSON 1�J 96- 9GI9674 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 Karen Cox Koch, as Owner, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee Karen Cox Koch owns the property known as 307 Hunter Ridge Lane, Nederland, Jefferson County, Texas, the same being more fully described as Lot No. 9, Block 1, Hunter Ridge Subdivision, 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 15, Page 43, of the Map Records of Jefferson County, Texas; and WHEREAS, Licensee desires a license from Licensor to use part of the 10' utility easement at the rear of said property for the following purposes, to wit: for a 5' encroachment for a swimming pool deck and portion of the pool, all of said encroachments 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 parts of the 10' utility easement 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. ' After recording return to: LaDonna Floyd, City Secretary City of Nederland P 0 Boat 967 Nederland TX 77627 130 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 inure 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 307 Hunter Ridge Lane, Nederland, Texas 77627. 1 131 1 EXECUTED this IQ day of 1996. LICENSOR: CITY OF NEDERLAND Andre' Wimer City Manager ATTESTED: City Secretary APPROVED: Richard D. Hughes City Attorney LICENSEE: Karen Cox Koch THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on `- 1996, by Karen Cox Koch. Notary Publi' ,State exas MY COmml'.fw E.�pie' FEBRUARY 11. 1977 -tom n �s N 132 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. June 17, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the June 10, 1996 meeting as written. All Voted Aye. WASTEWATER Andre Wimer, City Manager, gave a brief overview of the report provided by TREATMENT Tischler/Kocurek Environmental Services concerning the Wastewater Treat - PLANT mant Plant improvement project. He stated that they have suggested that we meet with the Texas Natural Resource Conservation Commission to discuss ' the possibility of pumping to Main C instead of the Neches River. Steve Hamilton, Director of Public Works, added that Tischler/Kocurek also suggested that we approach the TNRCC regarding reclassifying the stream as "an effluent- dominated stream with no significant aquatic life use" which would allow for the dissolved oxygen standard to be lowered to a level of 2 to 2.5 mg/L. The justification for this designation would be that: 1) the ditch is a man-made channel which acts principally as a conveyance for wastewater discharges; 2) for critical low flow conditions, the TNRCC assumes that the only flow in the ditch is wastewater from the City of Nederland; 3) the use attainability analysis was conducted downstream of the ditch where the dissolved oxygen is not depressed by wastewater discharges; and, 4) both the modeling and use attainability analysis show that the impacts on dissolved oxygen from the existing City discharge are of short duration and that the dissolved oxygen recovers to high levels that have enabled aquatic life to thrive downstream of the discharge. Mr, Hamilton stated that operation of the plant would present no problems but modifications to the plans would need to be made. He suggested that City staff meet with TNRCC as soon as possible to begin these negotiations. Mr. Wimer added that the cost for Tischler/Kocurek to attend the meeting , with the TNRCC was not included in their proposal, therefore, he will contact them in order to obtain a cost estimate. 1,54 Minutes continued, June 17, 1996 ' A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the preliminary assessment of wastewater discharge options as provided by Tischler/Kocurek Environmental Engineers and to authorize the City Manager and staff to contact them relative to the cost estimate for their representatives to attend the meeting with the TNRCC and City staff. All Voted Aye. CONTRACTS & A motion was made by Councilman Daughtry and seconded by Councilman AGREEMENTS Nugent to approve a contract with Municipal Services Bureau for collection of delinquent court fines. All Voted Aye. Andre Wimer, City Manager, reported that the proposed contract with G & B Petroleum is to perform remediation to underground storage tanks located at the Warehouse. This projected was initiated several years ago, but due to the State reimbursement funds being depleted the projects were ceased. The State has once again started the projects and this site is one of approximately 5,000 in Texas being completed. The State reimburses entities 100% of the cost for remediation. The cost of the project is $10,215.00. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve a contract with G & B Petroleum, Inc. to perform remediation to underground storage tank located at the City Warehouse, 515 Hardy. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve an agreement with Plan 21, employee assistance program. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize advertisement for bids to be received for heating and air conditioning for the City Office Building. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize advertisement for bids to be received for roof repairs to the City Office Building. All Voted Aye. PAYMENTS Billy Sims, KSA Engineers, Inc., reported to the Council that there will be a final inspection on Wednesday, June 19th at 10:00 a.m. for the Water Treat- ' ment Plant. He stated that there have been some problems with the computer software but these are being worked on. There are very few minimal problems at this time. Mr. Sims is recommending payment of Pay Request No. 20. 1-34 Minutes continued, June 17, 1996 A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Allco, Inc. in the amount of $115,836.65 for Pay Request No. 20, Water Treatment Plant construction. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:30 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending and threatened litigation - Helen Serres vs. City of Nederland, and Vera Westfall vs. City of Nederland; and Chapter 551.074, to discuss personnel appointments. RECONVENE The regular meeting was reconvened at 6:45 p.m. by Mayor Nagel. He announced that the Executive Session litigation item was held for informational purposes only, and that personnel appointments will be voted on in open session. APPOINTMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the following appointments: LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief/Fire Marshal/Assistant Emergency Management Coordinator; Billy Neal, Police Chief/Emergency I Management Coordinator; Richard Hughes, City Prosecutor /City Attorney; and, John Borne, City Judge. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the following appointments to the Planning and Zoning Commission: Joe Sudela, Rebecca Caddy, Kenneth Mitchell, Kirk Gillespie, and C. J. Schexnaider. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the following appointments to the Zoning Board of Appeals: Guy Barlow, Sr., John Fisher, R. A. Mannino, JoAnn Rienstra, and William Cummins. All Voted Aye. COMMUNI- Andre Wimer, City Manager, reported that at the meeting of the South East CATION Texas Regional Review Committee last week the City of Nederland's CDBG application received the highest score out of 13 applicants. He added that the application will now be reviewed by the State and David Waxman, the City's consultant, feels that with the score we received locally the chances are very good that we will receive the grant. Mayor Nagel stated that he would like to conduct a Work Shop sometime during the next two weeks to review the Capital Improvement Projects. Minutes continued, June 17, 1996 Councilman Sawyer reported that Boston Avenue from 10th Street to Twin City Highway still needs to be striped. ADJOURN There being no further business the meeting was adjourned at 7:15 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Se retary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 135 J�z CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief vl� Mike Lovelady Fire Chief L/ Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official / v Jim Weaver Parks Director Victoria Klehn Librarian Mayor '� City Seecretcmt ary Vc -m gin Date 1 1 1 0 137 AGREEMENT This Agreement is made and entered into this day of , 1996, by and between Gila Corporation, d /b /a Municipal Services Bureau, a Texas Corporation [hereinafter, "MSB "], and the City of Nederland [hereinafter, the "City "], who agree as follows: ADMINISTRATIVE RESPONSIBILITIES A. Defendant Contact. MSB will mail notices, telephone or otherwise contact Defendants with outstanding cases with the City in order to attempt to notify Defendants of their obligation with the City. The purpose of the contact is to offer Defendants the opportunity to resolve their obligation voluntarily, before further action is contemplated by the City. The City will provide the name and last known address of the Defendants, all information regarding the date(s) of the alleged violation(s), the date judgement was entered against the ' Defendants in the court having jurisdiction over the matter or the date the citation was filed, and the amount of any such fine(s). When appropriate, MSB will attempt to locate Defendants when the last known address is invalid. B. Correct Information. MSB will rely completely on the City to provide correct information about the Defendants' existing cases and, specifically, about any dollar amount in question, and the City will immediately update and correct any information it has provided to MSB. In particular, the City will immediately notify MSB of any payment or other satisfaction of judgement made directly to the City or any other action affecting the amount or timing of monies owed by the Defendants to the City. C. Accounts Returned. The City will allow MSB a minimum of 180 days to contact a Defendant about their case. This time period will begin with the first day of the following month in which the account was referred to MSB. Upon request by the City, MSB will cease contacting a Defendant whose case remains outstanding at that time. D. Defendants Referred to the City. MSB will refer Defendants who wish to resolve their obligation with the City other than ' by payment to the city department or person designated by the City to respond to the Defendants' request. 1.38 E. Confidentiality. MSB shall maintain the confidentiality of all information received from the City regarding the Defendants' existing cases and ensure that such information is not disclosed to any person or entity other than the particular Defendant who is to be contacted, unless such contact is authorized by law. II. COMMISSIONS ON FINES COLLECTED. A. Basic Commission Rate. For all citations referred by the City to MSB for collection or resolution for which the City is paid (in whole or in part) , provided that the payment is accepted by the City as provided in Paragraph B below, the City will pay to MSB, in Travis County, Texas, a 30 percent commission rate on the amount collected. MSB is not due a fee of any kind if the case is resolved by a law enforcement agency. B. Notification of Collections. MSB will notify the City daily of any monies it receives from Defendants towards payments of fines. The City, through the Municipal Court, may then accept or reject the payment offered by the Defendant. Weekly, MSB will provide detailed reporting to the City to identify all cases known to be resolved during the prior week and to remit monies collected on the City's behalf. The City authorizes MSB to endorse negotiable instruments made payable to the City and provided to MSB in payment of the fines collected. MSB will be required to invoice the City for commissions due and the City agrees to review the invoice and forward payment to MSB within 30 days of receipt of the invoice. III. TERM OF AGREEMENT. This Agreement will remain in full force and effect until terminated by either party in writing to the other at the addresses set out in this section. If the Agreement is terminated, any city case information then held by MSB will be returned to the City 90 days after the date of termination. Notices to MSB: Municipal Services Bureau 5912 Balcones Drive, Suite 100 Austin, Texas 78731 Notices to City: Nederland Police Department , P O Box 1165 Nederland, TX 77627 1 C 139 IV. OTHER PROVISIONS. A. Indemnifications. To the extent permitted by applicable law, MSB will indemnify and hold harmless the City from and against any and all loss, damages, liability, claims or injury resulting from all actions performed by MSB or its agents on MSB's behalf in connection with this Agreement; provided, however, that this Agreement shall not apply with respect to any erroneous information furnished to MSB by the City nor shall it apply to any act or omission of the City. B. Applicable Law. This Agreement will be construed in accordance with the laws of the State of Texas. C. Venue. This Agreement is performable in Jefferson County, Texas, which will constitute the location for venue purposes. IN WITNESS WHEREOF, the parties to this Agreement have signed and delivered this Agreement on the day and year first above written. MUNICIPAL SERVICES BUREAU: By: Thomas M. Giamboi, Vice - President CITY: By Its authorized to execute this Agreement. and representative duly 14Q EMPLOYEE ASSISTANCE PROGRAM AGREEMENT I This Agreement is entered into effective as of the 1st day of July, 1996, by and between PLAN 21, INCORPORATED, a Texas corporation ( "Plan 21 "), and the CITY OF NEDERLAND ( "City "). WHEREAS, Plan 21 is organized to arrange for the provision of Psychosocial Services; and WHEREAS, Plan 21 has developed a program whereby it agrees to arrange for certain Psychosocial Services for Eligible Participants and Eligible Dependents; and WHEREAS, the City desires to participate in such program. NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, Plan 21 and the City hereby agree as follows: I. Definitions As used herein, the following terms shall have the meaning I ascribed to them below: "Affiliate" shall mean, with respect to the City, a Person directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with the City. The term "control ", as used in the immediately preceding sentence, means, with respect to a Person that is a corporation, the right to the exercise, directly or indirectly, of more than 50% of the voting rights attributable to the shares of the controlled corporation and, with respect to a Person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled Person. "Agreement" shall mean this Employee Assistance Plan Agreement. "City" shall mean the City of Nederland. "Contract Administrative Charge" shall mean the semi - annual payment to be made by the City to Plan 21, which charge shall be payable as set forth in Article III. The Contract Administrative Charge with respect to any Semi - annual Period (as defined herein) shall be equal to an amount equal to the product of (a) $9.30, multiplied by (b) the number of Eligible Participants determined as of the date 15 days immediately preceding the date such Contract Administrative Charge is due and payable. 141 ' "Contract Year" shall mean the twelve -month period commencing on the Effective Date and each anniversary of the Effective Date. "Effective Date" shall mean July 1, 1996. "Eligible Dependent" shall mean those dependents who each Eligible Participant has elected to cover under the Employee Assistance Program. "Eligible Participant" shall mean any employee who is eligible for benefits under the Employee Assistance Program. "Employee Assistance Program" shall mean the program more fully described in this Agreement whereby Plan 21 arranges certain Psychosocial Services for Eligible Participants and Eligible Dependents. "Person" shall mean a partnership, corporation, or association. "Plan" shall mean the City's Medical Plan. "Plan 21" shall mean Plan 21, Incorporated, a Texas corporation. "Problem Situation" shall mean a discernable psychosocial condition or situation. "Provider" shall mean a counselor or psychotherapist who has agreed to render Psychosocial Services to Eligible Participants or Eligible Dependents. " Psychosocial Services" shall mean information, counseling, and referral services pertaining to biopsychosocial matters, including, without limitation, alcohol and drug abuse, and marital and other family problems. "Semi- annual Period" shall mean each six -month period beginning on the first day of the Contract Year and ending on the last day of each month of December, and each six -month period beginning on the first day of each month of January, and ending on the last day of the Contract Year. 11. Term, Termination A. This Agreement is effective as of the Effective Date and shall continue for a term of one year. This Agreement shall be automatically renewed for successive one year terms unless terminated in accordance with the other provisions of this Article II. 2 142 B. Either party may cancel this Agreement at the end of any , Contract Year by giving the other party written notice 60 days prior to the end of a Contract Year. Time is of the essence, and to be effective any notice of cancellation must be received by Plan 21 60 days prior to the end of a Contract Year. C. Either party may terminate this Agreement upon the other party's default of any of its obligations hereunder if such default remains uncorrected for a period of 20 days after receipt of written notice of such default. D. In the event that (1) any governmental agency determines that Plan 21 is operating in violation of any law or regulation or otherwise requests that Plan 21 cease operation or that the City terminate its agreement with Plan 21, or (2) the operation of Plan 21 is deemed by Plan 21 to be in violation of any rule, regulation, statute, or law, then this Agreement may be terminated by Plan 21 without any advance notice to the City. III. Responsibilities of City A. The City shall pay Plan 21 the Contract Administrative Charge on the first day of each Contract Year and on the first day of each month of January during the term of this Agreement. B. Increases in the number of Eligible Participants which ' occur during each Semi - annual Period shall be reported by the City to Plan 21 in writing on or before the last day of such Semi - annual Period. In the event of such increase, the City shall pay to Plan 21 $4.65 per additional Eligible Participant, for the previous Semi - annual Period. The amounts owed by the City to Plan 21 for such increases in the number of Eligible Participants which occur during each Semi - annual Period are in addition to the Contract Administrative Charge owed by the City for each Semi - annual Period and shall be due and payable within 10 days after the end of such Semi - annual Period. C. The City shall use its best efforts to promptly inform the Eligible Participants of the services to be arranged by Plan 21 pursuant to this Agreement. From time to time, at the discretion of the City, the City at its sole cost and expense shall prepare and distribute to Eligible Participants descriptive brochures or other information relating to the Employee Assistance Program. In connection therewith, the City shall have the right to use the material under copyright to Plan 21 which is contained in informational brochures prepared by Plan 21. If such copyrighted material or a portion thereof is included within the descriptive brochures or other information prepared by the City, the City also shall include a provision in such descriptive brochures or other information, by legend or otherwise, identifying the portion thereof that is under copyright to Plan 21 and that has been 1-4'4 ' reproduced by the City with the permission of Plan 21. The right of the City to use such copyrighted material shall terminate upon the termination of this Agreement. Plan 21 will be available to the City to provide consultation with respect to the development and marketing of such descriptive brochures or other information. D. The City shall furnish to each Eligible Participant an identification or information card or number. The City shall from time to time furnish to Plan 21 reasonable information required by Plan 21 in connection with Plan 21's administration of this Agreement, including a list of all Eligible Participants and Eligible Dependents. Plan 21 shall not be obligated to fulfill any of its obligations under this Agreement dependent upon such information prior to its receipt of such information in a form satisfactory to the parties. E. The City shall notify Plan 21 of a change in the eligibility of any employee or dependent on or before the last day of the Semi - annual Period in which any such change occurs. F. The City and Plan 21 mutually acknowledge and agree that the City or Plan 21 may require or obligate the Providers to require each Eligible Participant and Eligible Dependent, desiring Psychosocial Services arranged and provided under the Employee Assistance Program to complete such forms and execute such documents as the City or Plan 21 may reasonably require from time to time, including, without limitation, a waiver of liability .against Plan 21 or the City and their officers, directors, employees, agents, affiliates, or other representatives. IV. Responsibilities of Plan 21 A. Subject to the terms and conditions set forth in this Agreement, Plan 21 shall arrange for the provision of Psychosocial Services to Eligible Participants and Eligible Dependents as follows: 1. Plan 21 shall arrange to meet with City management and employees for the following purposes: (a) To provide training with respect to the Employee Assistance Program for City supervisory staff. Plan 21 shall arrange for training during the first Contract Year for no charge other than the Contract Administrative Charge. The length of each training session shall be determined by Plan 21. (b) To assist City management in preparing written policy statements pertaining to the Employee Assistance Program as deemed necessary by the City. 2. Plan 21 shall provide one orientation session per year to Eligible Participants to explain the purpose of the Employee Assistance Program and the procedures for using the Employee Assistance Program for no charge other than the Contract Administrative Charge and the charges, if any, under Article III. 3. Plan 21 shall have the right to meet periodically with the employees and management of the City to ensure proper operation of the Employee Assistance Program; provided, such meetings shall be scheduled at times agreed to by the parties. 4. Plan 21 shall arrange up to 5 counseling sessions per employee per Problem Situation for each Eligible Participant or Eligible Dependent for no charge other than the Contact Administrative Charge and the charges, if any, under Article III.B. Each such session shall be of 50 minutes in duration. 5. If the Eligible Participant's problem requires services other than those administered through the Employee Assistance Program, Plan 21 shall use its reasonable efforts to refer the individual to the appropriate Person or individual; provided, such referral services shall not be within the scope of this Agreement. B. Psychosocial Services arranged by Plan 21 shall be , available only at Plan 21's current offices, certain current offices of Providers, or at such other locations as Plan 21 designates in writing to City from time to time. Subject to Article IV.A.5 of this Agreement, Psychosocial Services shall be available only by appointment during regular business hours of the Providers. C. The obligation of Plan 21 to arrange for Psychosocial Services to an Eligible Participant shall terminate when any of the following occurs: (1) the employee ceases to be an Eligible Participant for any reason, including without limitation, termination of employment. For purposes of this Agreement, any employee's employment will be considered to terminate when the employee is no longer considered by the City or any of its Affiliates to be employed on a permanent, full -time basis; (2) this Agreement terminates; (3) if, after reasonable efforts, the Provider providing Psychosocial Services to such employee is I unable to establish and maintain a satisfactory relationship with the employee; or 14-5 ' (4) the employee's coverage is terminated for cause. Without limitation, an employee's coverage can be terminated for cause by Plan 21 by providing ten (10) days written notice to such employee of such employee's failure to abide by the rules and regulations of Plan 21. D. The coverage of an Eligible Dependent under this Agreement shall terminate when any of the following occurs: (1) the coverage of the employee through whom dependent claims coverage under this Agreement terminates for any reason; (2) the dependent ceases to be an Eligible Dependent; (3) if, after reasonable efforts the Provider providing Psychological Services to such Eligible Dependent is unable to establish and maintain a satisfactory professional relationship with the dependent; (4) the dependent's coverage is terminated for cause. Without limitation, a dependent's coverage can be terminated for cause by Plan 21 by providing ten (10) days written notice to such dependent of such dependent's failure to abide by rules and regulations of Plan 21 or; (5) this Agreement terminates. V. Relationships A. The relationship between Plan 21 and Providers is that of an independent contractor. Providers are not agents or employees of Plan 21 nor is Plan 21 or any employee of Plan 21 an employee or agent of the Providers. The City acknowledges that Plan 21 and certain Providers may be affiliates and that certain employees, officers, or directors of Plan 21 may be Providers. However, in no event shall Plan 21 or any of its officers, directors, employees, agents, affiliates, or other representatives be held in any way liable or responsible to the City or any of its Affiliates for any act, omission, or commission of a Provider, or any other provider of health care, or their officers, directors, employees, agents, affiliates or other representatives in connection with the rendering of Psychosocial Services to an Eligible Participant or an Eligible Dependent; provided that such act, omission or commission does not constitute gross negligence or intentional misconduct of Plan 21. Providers shall have the right to commence or terminate ' treatment in accordance with generally accepted principles of ethics. 14� B. The City is not an agent or representative of Plan 21, and the City shall not be liable for any acts or omissions of Plan 21, its agents or employees, or any Provider or any other Person or individual with whom Plan 21 have made or hereafter shall make arrangements for the provision of Psychosocial Services pursuant to this Agreement. C. Certain Eligible Participants and Eligible Dependents may, for reasons personal to themselves, refuse to accept procedures or course of intervention recommended by Providers. Providers shall use their reasonable efforts to render all necessary and appropriate professional services in a manner compatible with the Eligible Participant's or Eligible Dependent's wishes, insofar as this can be done consistently with any Provider's judgement as to the requirements of intervention, and if a Provider or Providers believe that no professionally acceptable alternative exists, such Eligible Participant or Eligible Dependent shall be so advised and if upon being so advised, the Eligible Participant or Eligible Dependent still refuses to follow the recommended procedure or intervention, then the Eligible Participant or Eligible Dependent shall be given no further assistance, and neither any Provider nor Plan 21 shall have any further responsibility to provide assistance for such condition or any associated condition. VI. Confidentiality I Information received by Plan 21 from medical records of Eligible Participants or Eligible Dependents and information with respect to Eligible Participants or Eligible Dependents obtained by Providers or Plan 21 shall be kept confidential. Except as reasonably necessary in connection with the administration of this Agreement, such information shall not be disclosed without the written consent of the Eligible Participant or Eligible Dependent. VII. Limitations The rights of the City, Eligible Participants, and Eligible Dependents, and the obligations of Plan 21 hereunder, are subject to the following limitations: A. Major Disaster or Epidemic. In the event of any major disaster or epidemic, Plan 21 shall have no obligation for the provision of Psychosocial Services resulting from the disaster or epidemic or from the consequences of the disaster or epidemic. During the term of the disaster or epidemic, Plan 21 shall use its reasonable efforts to arrange for Psychosocial Services to provide services to Eligible Participants or Eligible Dependents for ' problems or conditions which predate the disaster or epidemic, insofar as practical, according to Plan 21's best judgement and 147 within the limitation of such facilities and personnel as are then available to Plan 21, but neither Plan 21 nor any Provider shall have any liability or obligation for delay or failure to arrange or provide such Psychosocial Services if such delay or failure is the result of such disaster or epidemic. B. Circumstances Beyond Plan 21's Control. In the event that, due to circumstances not reasonably within the control of Plan 21, which prevent, delay or render impossible or impractical the provision of Psychosocial Services hereunder, neither Plan 21 nor any Provider shall have any liability or obligation on account of such delay or such failure to arrange or provide such services. VIII. Indemnification Plan 21 indemnifies and holds harmless, the City, its employees and agents, with respect to all claim suits, actions and costs arising from the negligence or willful misconduct hereunder of Plan 21, its officers, directors, agents, representatives, employees and affiliates, unless it is determined that such claim, suit, action, or cost was caused by or resulted from the negligence or willful misconduct of the City, its employees or agents. IX. Successor This Agreement shall be binding on and shall inure to the benefit of the City and its respective successors. (i) Any company into which the City or any successor may be merged, converted or with which any such party may be consolidated; or (ii) any company resulting from any merger, conversion or consolidation to which the City or any successor shall be a party; or (iii) any company succeeding to the business of the City or any successor shall be substituted as successor under the Agreement without the execution of any instrument or any further act on the part of Plan 21 or the City or any successor. Any such successor to the City shall have all of the obligations of its predecessor under the Agreement and shall succeed to all the privileges of its predecessor under the Agreement. X. Assignments This Agreement shall not be assigned by either party without the written consent of the other party, which consent shall not be unreasonably withheld. • XI. Notices I All notices required or permitted to be given under this Agreement shall be in writing and delivered personally or sent by United States registered or certified mail, postage prepaid with return receipt requested, as follows: Those to Plan 21 shall be addressed to: Plan 21, Incorporated 4550 Post Oak Place Drive Suite 341 Houston, Texas 77027 -3106 Attention: Stephen N. Luppino Those to the City shall be addressed to: City of Nederland P. 0. Box 967 Nederland, Texas 77627 Attention: Kelly Calloway All such notices shall be effective when received. Either party may change its address by giving notice as provided above of such I change of address. XII. Headings The section headings are used solely for convenience and shall not be deemed to limit the subject of the sections or be considered in their interpretation. XIII. Waivers None of the terms and conditions of this Agreement shall be considered waived by either party unless such waiver is given in writing. No such waiver shall be a waiver of any past or future default or breach, or a modification of any of the terms and conditions of this Agreement. The failure of either party to insist upon or enforce, in any instance, strict performance by the other of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent to its right to assert or rely upon any such terms or rights on any future occasion. XIV. Invalid Clauses I In the event any term, covenant, or condition herein contained 9 ' shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either Plan 21 or the City in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. 1 XV. Entire Agreement This document sets forth all of the representations, promises, agreements, conditions and understandings between the parties. There are no other representations, promises, agreements, conditions or understandings, either oral or written, between the parties. XVI. Applicable Law The terms and conditions of this Agreement shall be governed and construed in accordance with the laws of the State of Texas. XVII. Use of City's Name Plan 21 shall be permitted to use the City's name in Plan 21,s promotional activities. 10 l 4 y�' i50 EXECUTED this of 1996 but effective as of the Effective Date set fo th herein. PLAN 21 PLAN 21, INCORPORATED By: a✓/ / Name: Stephen N. Luppino Title: Vice President CITY CITY OF NEDERLAND By: Name: Homer E. Nagel Title: Mayor ATTEST: 4D.L.Tft-.y��Cit Secretary B:AGREEMENT.EAP 5/23/96 11 1 7 L 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 8, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the June 17, 1996 meeting as written. All Voted Aye. COMMENTS Dianne Norris, 1208 South 36th Street, addressed Council relative to flooding on South 36th Street, condition of vacant property on the corner of Hwy. 365 and Hill Terrace, and road repairs on Hill Terrace. PRESENTATION Ronnie Trahan, Nederland/Port Neches Evening Optimist Club, presented a plaque to Police Chief Billy Neal to show their appreciation to the Nederland Police Department for their outstanding dedication and service to the citizens of Nederland. Chief Neal thanked Mr. Trahan on behalf of the Police Department. CONTRACTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a water supply contract with the Lower Neches Valley Authority. All Voted Aye. POLICIES AND Andre' Wimer, City Manager, explained that the Procedure for Citizens PROCEDURES Appearing before Council has been amended as requested by the Council. The new policy will allow citizens more flexibility when addressing Council. The time limit imposed in the earlier policy has been eliminated. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an amendment to the Procedures for Citizens of Nederland Appearing at Council Meetings. All Voted Aye. 151 15P,, Minutes continued, July 8, 1996 A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve an amendment to the Non - Resident Application Policy for the I library. All Voted Aye. ECONOMIC Mayor Nagel stated that due to the recent resignations of Ruby Lackey and DEVELOPMENT Sue Parsley from the Economic Development Corporation it is necessary to CORPORATION appoint two new members to fill their unexpired terms. He is recommending the appointment of Robert Sawyer and Hayden White to fill these positions on the Board of Directors. A motion was made by Mayor Nagel and seconded by Councilman Nugent to appoint Robert Sawyer and Hayden White to fill the unexpired terms of Ruby Lackey and Sue Parsley on the Economic Development Corporation Board of Directors. All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve amendments to the 1995 -1996 budget (see attached). All Voted Aye. RESOLUTION Andre' Wimer, City Manager, presented the Council with the proposed , annual budget for the 1996 -1997 fiscal year. Mr. Wimer reported that the total budget of all funds if $13,588,370. with no increase in the tax rate, a 2% cost of living adjustment for employees, and $.25/1,000 gallons increase in sewer rates. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution No. 1996 -17, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 1996 and ending September 30, 1997, and calling for a Public Hearing to be held at 6:00 p.m., July 22, 1996 for the purpose of discussing the proposed budget as per Article VII of the City Charter. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payments to KSA Engineers, Inc. in the amounts of $1,837.52 and $3,315.64, Water Plant Construction. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payments to Schaumburg & Polk, Inc. In the amounts of $5,881.52 and $831.27, Wastewater Treatment Plant improvements. All Voted Aye. iz)l Minutes continued, July 8, 1996 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment of the bills for the month of June, 1996. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:00 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending and threatened litigation - Helen Serres vs. City of Nederland, and City of Pharr, on Behalf of Itself and Other Similarly Situated Entities vs. Rio Grande Valley Gas Company and Southern Union Gas Company; and Chapter 551.074, receive comments concerning personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. RECONVENE The regular meeting was reconvened at 7:34 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. COMMUNI- Andre' Wimer, City Manager, reported that the South East Texas Regional CATION Planning Commission is requesting entities to submit proposed street projects for possible funding. Mr. Wimer asked Council to let him know of any specific projects they would like to see submitted. The deadline for project submission is July 31, 1996. All projects will be evaluated and scored by the Jefferson- Orange - Hardin Regional Transportation Technical Committee. Mr. Wimer informed the Council that on the next agenda there will two separate items requesting authorization to submit applications for funding to the Texas Water Development Board for the wastewater plant improvements and the drainage study. He added that a meeting was held between the City and Drainage District No. 7 regarding the possibility of the District participating in the study. They will be discussing this at their next meeting on July 16th at 2:00 p.m. Mayor Nagel added that Mr. Bert Lee, Manager of D. D. No. 7, asked that representatives of the City attend their July 16th meeting to formally request funding for the drainage study. Mayor Nagel reported that Twin City Hwy. at the intersection of Nederland Avenue is in need of repairs. He asked that the City contact the Highway Department regarding this matter. Councilman Daughtry reported that the City cut limbs from trees on 20th Street between Helena and Gary and have still not removed the limbs from the side of the road, 154 Minutes continued, July 8, 1996 ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer Mayor� City of Nederland, Texas 1 1 LOWER NECHES VALLEY AUTHORITY WATER SUPPLY CONTRACT ITHE STATE OF TEXAS 1 COUNTY OF JEFFERSON I 155 THIS CONTRACT AND AGREEMENT made end entered into on this the 161h day of JOIV , 192-6 , and effective as of the _Iq _day of JIM , 19 96 (hereinafter referred to as the "effective date ") by and between LOWER NECHES VALLEY AUTHORITY, a political subdivision of the State of Texaq, having an office at Beaumont, Jefferson County, Texns, hereinafter referred to for con. - venience .. "sELLRR ", and City of Nederland xxxx a municipal corporation of Jefferson County, Texas, acting herein by and through its Mayor, duly authorized by a Resolution of the City Commission of said City, hereinafter called "BUYER ". WITNESSETH: In consideration of the mutual agreements herein contained, SELLER agrees M sell and BUYER agrees to buy water upon the terms and conditions and for the consideration hereinafter set forth: 1. Quantity: Subject to the remaining terms and provisions hereinafter set forth in this Contract, SELLER agrees to sell and deliver to BUYER nt the delivery point hereinafter specified and BUYER agrees to pay fm not less than the amount of water specified in Subparagraph 4 of Section 6., below, at the rate requiirceed bdyd said laSubparagraph 4 of said Section 6., below, and BUYER, at its option, may take the amount of water above menljnnrrl tngcth8tion sF 3'f +UU/ t�-1 -ter as BUYER may require for use in the operation of ila plant located at or near 2. Quality: The water to be delivered by SELLER and received by BUYER hereunder shall be raw water, and SELLER shall not be obligated to treat ... h water in any manner• provided, however, that BUYER shall not be obligated to receive water and pay for same for any period during which it shll contain per gallon, at the delivery point, hereinafter specified, in excess of: Ten (10) grains of sodium chloride; and Fifteen (15) grains of encrustingsolicix in carbonates of magnesium and calcium. And there shall be no liability, whatsoever, on the pert of SELLERfor failure to furnish and deliver the quality of water specified in this Section 2. It is expressly understood and agreed that there is end shall be no warranty or covenant ex. 1 pressed or implied upon the part of SELLER that avid water shall be suitable for use by BUYER, and it is understood that BUYER is to filler and/or otherwise bent said water in order to render it suitable for iU use. 9. Delivery Point: The delivery point for water sold and purchased hereunder for BUYER'S operations shall be at a point on SELLER'S anal heretofore selected and designated by BUYER, adjacent toor in the vicinity of BUYER'S plant. BUYER has constructed and agrees tooperate, maintain and reconstruct, at BUYER'S own coat and expense, all facilities necessary to take the water purchased hereunder from the canal of SELLER. The equipment and facilities so constructed, operated, maintained and reconstructed by BUYER shall be and remain the property of BUYER. 4, Measuring Equipment: SELI,F.R has heretofore furnished and installed and in the future will operate and maintain at its expense, at the delivery point of water far BUYER'S operation, the necessary meter of standard type to measure properly the water delivered under this agreement. The meter or meters end other equipment so installed shall be and remain the property of SELLER, and the sine shall be used in determining the quantity M water delivered to BUYER under this contact and the following previsions in reference thereto shall apply: BUYER shall have access to said metering equipment at all reasonable limes, but the reading and calibrating and adjustment thereof shall be done only by the employees or agents of SELLER. For the purpon of this contract the original record of readings of the meter or meters shall be the journal ar other retort back od SELLER in its office into which the records of the employe—or agents of SELLER who takes meter readings is or may he transcribed and SELLER will, upon request, give BUYER a copy of such journal or record book or permit BUYER to have access to same at the of. Tice of SELLER during business hours. Not more than once each month, on a date as near the last day of each month as pracl icable, SELLER must calibrate its meters J requested by BUYER to do ac, in the presence of representatives of BUYER, and the panics shall jointly observe any adjustments which are made to the meters• should such adjustments be necesa,ry, and if the check meters hereinafter pmvided for have been installed, the same shall also becalil—ted by BUYER in the presence of representatives at SELLER and the Sonia, ,hull jointly observe any n ljusunents, should such mljuat meals be wary 11' BUYER stroll request SELLER to calibrate its meters and SELLER shall have given BUY Pit not ice of the time when any such calibre. eis ion 1 be made a sufficient length of time in advance to enable BUYER ro have its rcprcaem etivtre present, and if representatives are not present at the time set, SELLER may proceed with said colibrutbm and adjustments in the absence of BUYER'S n•pnmentntivex. Ir either party .(any t Irmo oh-rves . variutian between the delivery meter... meters sal the check melons meters, if any such check meter or meters is or are installed, it will promptly notify the other party nit the parties will then coolerate to secure an immediate calibration test and joint observation of any adjustment and the meter or meter, shall then be adjusted to accuracy. Each party shall give to the ether party forty-eight (48) hours notice of the time of all tesa of meter a. that the uthar party moy conveniently have its representatives present. 1, upon any lust• the percentage of inaccuracy of any metering equipment is fmool to be in excess of two percent 1'1';.1, ragixlrulim w ll,emnf shalt be corrected f a period extending back Ia the time such inaccurncy occurred, if such time is aactrlainuble• and if not ascertainable then back tc•lulf 1 :I oft he time elapsed since the last date of calibration. If, for any remain, any meters ore out of service and /or out of repair so that flue of w•:ner delivered cannot he nacenninnd nr a.mpulasl from the readings thsn,l, the water delivered 1 hrough the period such meters are out Jnuns t,a nd /or ,ut of relinir shalt be estimated and agreed upon by the parties hereto also, the busi, uI'the hest dma available, using the first of the following meth,ds which is feasible: a. By using the registration of any check meter or meters if installed and accurately registering; b. By correcting the error if the percentage of error is nscertaimdbte by c"libration test of m"themnlical calculation And c. By estimating the quantity of delivery by deliveries during preceding periods under similar conditions when the meter or meters was or were registering accurately. BUYER may, at its option and expense• install and operate check meters tacheck each meter installed by SELLER but measurement of water far the purpose of this agreement.b.11 be by SELLER'S meters only, except in can hereinabuve specifically provided to the contrary. Check meters shall be of the orifice or venturi type and of standard make, and shall be subject at all reasonable times to inspection and examination of SELLER, hot the reading, calibration and adjustment shall be done only by BUYER. except during any Serial where n check meter may be used under the pnrvislonx hereof for measuring the water delivered when the reading, calibration and atljtmim,ot hertxrf.b.l) be made by SELLER will, like effect, as if such check meter or meters has or lutve been furnished unit installed by it. Unit of Measure: The unit of measure for water delivered hereunder shall le One Thnxard (,IDO) Gallons of water U.S. St.ndard Li. quid Measure. 6. Price and Payment foe Water: For the purpose of billing and accounting, the dayshall begin at 10.00.... on a day and extend to 10:00 ,. a.m. the next day, and the billing month as used under this contract shall begin at 10AK) a.m. on the first day of each calendar month and end at 10:00 a.m. m;, first day of the succeeding calendar month. The hill for any month shall be paid by BUYER to SELLER at SELLER'S office in Jefferson County, Texas on or before (he 15th day of the calendar month during which the bill in received by BUYER. Should BUYER fail to pay any amount due SELLER hereunder, when same is due, end should such failure to pay continue f sixty (60) days, SELLER may suspend deliveries of water hereunder. 8h:1.LER he, established nod chargda all indo..trial and municipal customers the standard rates ]or water which are set out in Exhibit "A ", which is nuuchvd he""' mode u part herad as fully and to the —one extent as if-pied heroin in full• giving cusu...ers the upon, to take and pay for water under env one nl'the brackets sat out in said Exhibit "A". 156 BUYER has elected to take and pay for water under Bracket or Rate Number 3 — set out in said Exhibit "A ". The price for daily deliveries shall be determined on the basis of average daily deliveries during the applicable billing month. The minimum amount of each bill for the billing month, ea hereinabove provided in Section 1, shall he no less than an amount equivalent to 2 112 million gallons of water per day at the rate set out in Exhibit "A ", or such amended rate as may hereafter be adopted by the Board of Directors of SELLER, for each day of the billing month and 13UYER agrees to pay such amount. It is expressly understood and agreed that SELLER shall have the right at any time during the period of this contract to change the above set forth standard scheduled rates charged its customers for water, and in the event such rates are lowered, BUYER shall have the advantage or same im. mediately when they become effective, and if said rates are made higher or different, then BUYER hereby agrees to take and pay for water under such higher or different rates. If by reason of accident to BUYER or a suspension necessary to make repairs, BUYER is unable to or does not take for some particular month the minimum quantity contracted to be taken each month but pays SELLER the amount due for the minimum quantity provided herein. BUYER shall have the right to take such water paid for but not taken at some future dale convenient to both parties, and when so taken such water shall not be counted nor considered in the total amount of water taken during such month. BUYER shall at all times have the right to refuse to receive water tendered for delivery which does not meet the above quality specified, and if on this account, oron account of limitation ofquantity as set forth in the next paragraph of this Agreement, BUYER is delivered less than an average of 2 1/2 rn Ilion gallons of water per day or no water at all, then for such month BUYER shall be relieved of the minimum payment and pay for only such water as it receives. 7. Limitation on Quantity: Anything in this contract to the contrary notwithstanding, it is understood and agreed by the parties hereto that in no event shall SELLER be obligated to deliver to BUYER more water than SELLER shall have available through its present plant facilities and equipment, and SELLER shall not be obligated to extend nor enlarge its plant facilities ar equipment for the purpose of supplying demands to BUYER under this contract. Should SELLER at any time, by reason of a shortage resulting from any of the causes mentioned in Section 5.099 of the Texas Water Code or by reason of any of the happenings or conditions mentioned in Paragraph 8., below, not have available sufficient water to fur. nish to all parties having contracts with SELLER the water to which they are otherwise entitled under the terms of such contracts, then and in that event the water available will be distributed and divided as required by said Section 5.099 of the Texas Water Code. a. Fore. Majecre: In the event of either party being rendered unable, wholly or in part, by force majeure to carry out its obligations under ra this contct, other than the obligations to make payments of amounts accrued and due hereunder at the time thereof, it is agreed that on such party giving notice and full particulars of such force majeure in writing or by telegraph to the other party within a reasonable time after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure shall be suspended during the continuance of any liability so caused but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch. The term "force majeure" as employed herein shall mean and include, without limitation, acts of God, strikes, lockouts, or other industrial distur. bances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, stonna. Roods, washouts, droughts, arrests, and restraint of Government and people, civil disturbances, explosions, breakage or accident to machinery and/or canals, partial or entire failure of the supply of water, and inablility on the part of SELLER to deliver water hereunder or all of the water con. traded for hereunder on account of contractual rights of others or on account of the prior rights of other users to the supply of water at the source of the supply arising by operation of law, and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the party cis iming suspension. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any force majeure shall he remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts be acceding to the demands of opposing party when such course is inadvisable in the discretion of the party having the difficulty. 9. Other Purchases: It is expressly understood and agreed that during any period that SELLER fails to deliver to BUYER water meeting specifications. ecifications, or is unable to perform its obligations hereunder, BUYER shall have the right during the continuance of such failure, or such inability, to obtain water from other sources. 10. Non• Waiver: The failureofeither party heretoto insist, in anyone ormme instances, upon performance of any ofthe terms, covenants, or conditorn of this contract shall not be construed es a waiver or s relinquishment of the future performance of any such term, covenant, or condition of the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect. 11. Term: This contract shall be for a term of two (2) years commencing at 12:01 a.m. on the effective date of this contract and ending two (2) years fram such time and date. This contract may be renewed and extended for an additional period of time, upon the same term. and conditions as herein set out, by a letter of agreement executed prior to the expiration of this contract by the persons then authorized to enter into contracts on behalf of SELLER and BUYER. 12. Assignment: This agreement shall enure to the benefit of, and be binding upon the parties hereto and their respective successors and ..sign.. 19. Notice: Any notice required or nuthorized to be given under the terms and provisions of this contract will be in writing and will he delivered in person at the office address or in the alternative will be delivered by registered mail addressed to the post office address which is set out below following the name of the party to whom notice is being given. Said offices and mailing addresses will be considered as remaining in effect until such time as notice of a change of address is given by one party to the other in writing as herein provided in this paragraph. 14. Regulatory Bodies; This contract shall be subject to all valid rules and regulations and laws applicable hereto, passed or promulgated by the United States, the State of Texas and any municipal or other governmental body or agency or by any authorized representatives or agency of any of them, having lawful jurisdiction. 15. This contract is made and entered into in Beaumont, Jefferson County, Texas, is performable in all particulars in said Jefferson Coun. ty,Te.m. shall be construed and enforced in accordance with the laws of the State of Texas and any cause of action hereunder shall be filed and maintained in a court of competent jurisdiction in Jefferson County, Texas. IN WI'T'NESS WHEREOF, the SELLER and BUYER have caused this Contract and Agreement to he executed by their respective duly authorized officers and have caused their respective seats to he hereunto affixed as of the effective date above stated. LOWER NECHES VALLEY AUTHORITY, Seller Office Address: Mailing Address: 7850 Easter Freeway P.' O. Drawer 9464 Beaumont, Texas 77708 Beaumont, Texas 77704 ATTFTr: / �., �rC C1U�� yJ /% �y By_ � /.!l�T�� Secretary Vfee Predden City of Nederland Buyer Mailing Address: P.O. Box 967 Nederalnd, Texas 77627 A (�•rrFST: Secretary (Officers Title) ' CITY OF NEDERLAND COUNCH MEETING ATTENDANCE SHEET 1 Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward I Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. ,/ Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ?3 , 2, l Mayor City Secretary i -�? -q (0 Date 157 LOWER NECHES VALLEY AUTHORITY ' WATER RATES IN 1,000 (M) GALLONS EFFECTIVE JANUARY 1, 1996 INDUSTRIAL AND MUNICIPAL Rate Number 1. Less than 1 million gallons per day ($25.00 per month minimum) All water at a rate of 10.16¢ per M Gallons 2. Minimum - 1 million gallons per day All water at a rate of 9.56¢ per M Gallons 3. Minimum - 2 -1/2 million gallons per day All water at a rate of 7.34¢ per M Gallons 4. Minimum - 5 million gallons per day ' All water at a rate of 6.85¢ per M Gallons 5. Minimum - 8 million gallons per day All water at a rate of 6.47¢ per M Gallons All minimum charges are assessd on a take or pay basis for daily consumption averaged over a one month period. 1 I PROCEDURES FOR CITIZENS OF NEDERLAND APPEARING AT COUNCIL MEETINGS All residents of the City of Nederland who request to appear before the Council on matters that are not on the agenda of the Council meeting, shall fill out an Information Card prior to the beginning of the meeting and these requests shall be called by the Mayor at such time as may be appropriate. Each person shall be permitted to discuss the item on the Information Card. The Mayor may terminate the discussion at such time that he /she feels that the issue has been addressed. 2. When there are a number of people who wish to speak on the same subject, the Mayor shall request that a spokesperson be appointed from the whole group to speak. If a speaker representing the group cannot be agreed upon, then the Mayor may allow that each person be given the opportunity to speak. The Mayor may terminate the discussion when it is felt the issue at hand has been covered. 3. Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, ' threatening or abusive language or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceedings, shall be called to order by the Mayor and, if such conduct continues, may, at the discretion of the Mayor, be ordered barred from further audience before the Council during that meeting. 4. No person in the audience shall engage in disorderly conduct such as handclapping, stamping of feet, whistling, using profane language, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting. f' 159 160 a J, uk, 4 �c Jt,-,,-w, -A' 6 NON - RESIDENT APPLICATION POLICY 1 A non - resident is defined as a person who lives outside the Nederland City limits. A non - resident must provide the same proof of address as a Nederland resident. This includes a Texas Driver's License or ID card issued by the Texas State Highway Department, water bill, utility bill, and /or a rental receipt. Failure to comply with this requirement will be cause for rejection of borrowing privileges. The annual fee for a standard adult non - resident card is $25.00 and a juvenile card is $15.00. This card entitles the non - resident to the same privileges and responsibilities as a resident. In addition to the standard non - resident card, several other types of non - resident cards are itemized below. A non - resident who is a City of Nederland property owner may have a free library card for themselves , and their immediate family, which is defined as minor children and spouse. In addition to the proof of address for their current residence, the property owner must show a City of Nederland tax statement as proof of City of Nederland property ownership. With each expiration date, the property owner will be required to show current proof of ownership. The non - resident property owner will have the same privileges and responsibilities as a Nederland resident. A non - resident who is a City of Nederland employee may have a free library card for themselves and their immediate family, which is defined as minor children and spouse. In addition to proof of address, the employee will be required to show proof of employment at the time the card is issued and when the card expires. A non - resident City of Nederland employee will have the same privileges and responsibilities as a Nederland resident. I A non - resident who is a full -time Nederland Independent School District teacher may have a free library card as long as they are teaching full -time. NISD personnel who are not actively teaching in the classroom will not be eligible for a teacher's card. The card will be valid only during the school year, unless the cardholder is teaching summer school. In addition to proof of address, the teacher must show proof of being a full -time NISD teacher when the card is issued and at each subsequent expiration date. The City Council of Nederland intends this non - resident exception to allow teachers to supplement their teaching materials; therefore, borrower privileges are limited to materials that support the school curriculum. In addition, there is a limit of ten books and five videotapes that can be checked out on the card at any given time. They will not be permitted to check out items for personal use, such as popular reading materials, novels, entertainment videos, etc. on their NISD teacher library cards. Non - resident NISD teachers who wish to check out materials for personal use will be required to pay the non - resident fee. The non - resident NISD teacher will have the same responsibilities as a resident. A non - resident juvenile who is a full -time NISD student may have a free library card as long as they attend the NISD schools. The parent of the student will be required to famish proof of address. A total of ten items can be checked out on the card at any given time. A non - resident, full -time NISD student will have the same responsibilities as a Nederland resident. 1 161 1. E'2 BUDGET AMENDMENT REQUEST Fund General Department City Manager 01 -13 -00 Increase the following account(s): 6743 Furniture Fixtures Off Equip Decrease the following account(s): 6210 General Office Supplies Amount ' $3,000 Amount $3,000 Justification for amendment with course of action if amendment is not approved: Computer upgrade and replacement in City Secretary and Executive Secretary offices. I Deparme Head Requesting amendment Date Funds Available: 4/ / City Veasurer Date Approved: City Manager Date Approved by Council: � C. Date BUDGET AMENDMENT REQUEST Fund General Department Finance Increase the following account(s): 01 -15 -00 -6743 Furniture, Fixtures, Office Equipment Decrease the following account(s): 01 -15 -00 -6210 Office Supplies Justification for amendment with course of action if amendment is not approved: Purchase of filing cabinets and cash register for Parks coded to office supplies, however, ems are classified as capital assets and should be tagged as such for recordkeeping. Department Head Requesting amendment Date 163 Amount 800.00 Amount 800.00 Approv d: City Manager Date Funds Available: Approved by Council: !CI Y Me a s u re r Date Date lb 4 Fund General BUDGET AMENDMENT REQUEST Department 01 30 -00 Public Works Administration 1 Increase the following account(s): Amount 01 30 -00 6210 General Office Supplies $200.00 01 30 -00 6224 Janitorial Supplies $200.00 0130-00 6349 Natural Gas $300. 00 Decrease the following account(s) Amount 01 30 -00 6331 Telephone $300.00 01 30 -00 6333 Training & Travel $265.00 ✓ 01 30 -00 6745 Heavy Equipment $135.00 Justification for amendment with course of action if not approved: General Office Supplies was under budgeted, Janitorial Supplies is over budget due to floor malts for the office buil that were not budgeted, Natural Gas was under budgeted. Telephone, Training & Travel & Heavy Equipment have money to spare at this time. Depart(nen ad Requesting Amendment Date Funds Available: CeZZZ," ,,Z !% City Tr surer Date Approved: ity Manager Date Approved by Council: r � ate 165 BUDGET AMENDMENT REQUEST Fund General Department 01 31 -00 Street Department Increase the following account(s): Amount 01 31-006111 Overtime $13,000.00 01 31 -00 6115 Extra Help $213.00 01 31 -00 6231 Wearing Apparel $250. 00 01 31 -00 6258 Motor Vehicle Supplies $1,718.81 01 31-006354 Traffic Lights $1,309.80 01 31 -00 6355 Heavy Equipment R & M _ $6,000.00 Decrease the following account(s) Amount 01 31 -00 6240 Signs & Markers $1,500.00 G., 01 31 -00 6246 Street & Bridge Supplies $5,000.00 01 31 -00 6248 Storm Sewers $1,500.00 01 31 -00 6343 Insurance Motor Equipment $1,278.61 r/ 01 31 -00 6730 Street Improvements $13,213.00 +/ tification for amendment with course of action if not approved: Overtime was expended because of additional effort cleaning ditches. Normal overtime in this department is associated with the street program. Extra help was for temporary employee to assist in street striping. Wearing apparel and Motor Vehicle Supplies were under budgeted. Traffic Lights is over budget due to signals going out and to unbudgeted work done to lights around schools, Heavy Equipment R & M is over due to replacement of transmission in the Hydroscopic Savings will be made in the line items where money is to be taken DeJam ent Head Requesting Amendment Date ids Available: /- City Tr surer Date Approved: City Manager bate Approved by Council: Date �6 BUDGET AMENDMENT REQUEST Fund General Increase the following account(s): 01 32 -00 6111 Overtime 01 32 -00 6224 Janitorial Supplies 01 32 -00 6252 Electrical 01 32 -00 6258 Motor Vehicle Supplies Decrease the following account(s) 01 32 -00 6341 Insurance General 01 32 -00 6343 Insurance Motor Equipment Department 01 32 -00 City Shop Justification for amendment with course of action if not approved: Overtime Janitorial Supplies Electrical & Motor Vehicle Supplies need additional money Insurance General & Insurance Motor Equipment have excess funds. Department ead Requesting Amendment -7- / -46 Date Funds Available: City Tre surer Date 11- Amount $504.09 $500.00 $150. 00 $167.81 Amount $1,154.09 .� $167.81 ✓' Approved: y Manager Date Approved by Council: Date BUDGET AMENDMENT REQUEST Fund GENERAL 'crease the following account(s): 6256 Chemicals & Insecticides 6270 Light equip. maint. & repair 6210 General office supplies 6252 Electrical 6255 Paint, lumber & hardware Decrease the following account(s): 6111 Overtime 6128 Worker's Copmpensation 6341 Insurance General Department PARKS & RECREATION Justification for amendment with course of action if amendment is not approved: Extra Chemicals will be required for pool water balance and more insecticides for ants in Move normal repairs to arasshoDDers and other equiDment due to equipment aqe Extra office supplies to organize recreation office and pool office. Major repair to A/C unit at recreatioi center plus above normal replacement of light blubs in all city buildings. Repairs to small pavilions and picnic tables etc. Action if not approved : close pool early, discontinue mowing, discontinue replacement of light bulbs , leave parks facilities unpainted aind in dangerous condition. Deparment Head Requesting amendment Approved: 167 Amount 2,000 2,200 700 500 1,500 Amount 2,000 ✓ 2,200 2,700/ Date City Manager Date ds Available: 1 City reasurer Date Approved by Council: Date Fund Water BUDGET AMENDMENT REQUEST Department 50 60 -00 Water "Treatment D Increase the following account(s): Amount 50 60 -00 6111 Overtime $15,000.00 Decrease the following account(s) Amount 50 60 -00 6256 Chemicals & Insecticides $4,400.62 �-' 50 60 -00 6312 Consultant Services $1,500.00 ✓ 50 60 -00 6341 Insurance General $3,027.71 50 60 -00 6343 Insurance Motor Equipment $71.67 ✓ 50 60 -00 6348 Electricity $3,000.00 ix 50 60 -00 6404 Untreated Water $3,000.00 ✓ Justification for amendment with course of action if not approved: Overtime is over budget due to lack of vacation relief position. Vacation must be covered with overtime. Chemicals & Insecticides Consultant Services, Insurance General, Insurance Motor Equipment, Electricity & Untreated Water will be reduced to cover these transfers. Depa ent Lad equesting Amendment Date Funds Available: City Trea,14urer Date Approved: ity Manager Date Approved by Council: Date , 1614 IBUDGET AMENDMENT REQUEST Fund Water Department 50 63 -00 W & S Distribution Increase the following account(s): Amount 50 63 -00 6258 Motor Vehicle Supplies $1,888.43 Decrease the following account(s) Amount 50 63 -00 6341 Insurance General $1,154.09 50 63 -00 6343 Insurance Motor Equipment $734.34 Justification for amendment with course of action if not approved: Motor Vehicle Supplies needs additional money. Insurance General & Insurance Motor Equipment h<3ve surplus money. Dep ent�Henad Requesting Amendment art Date Funds Available: City T eAurer Date 1 Approved: / l/ 164 Manager Date Approved by Council: —T Date 1.1( BUDGET AMENDMENT REQUEST 1 Fund Water Department Wastewater Treatment 50 -62 -00 Increase the following account(s): Amount 6116 Educational Certification $175 6115 Extra Help $1000 6219 Institutional Supplies $30 6?50 Chemical & Laboratory $7.000 6222 Motor Vehicle Fuel 51.000 6399 Sludoe Mananem nt $5.000 Ei5i Fixed Plant & Equipment R &M $3.000 Decrease the following account(s) Amount 6349 Natural Gas $205 6312 Consultant Services $15.000 6256 Chemicals & Insecticides $2.000 y Justification for amendment with course of action if not approved: , The above items that need to be increased have either been expanded or wl 1 1 be expaMm Savings will be made in Natural Gas Consultant Services and Chemicals an insecticides. Dep�9�tH Requesting Amendment !U % -1 -°l� Date Funds Available: City Tre rer Date Approv ity Manager bate Approved by Council: Date 1 ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas RESOLUTION 1996 -17 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, 1996 AND ENDING SEPTEMBER 30, 1997. 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, 1996 and ending September 30, 1997; and WHEREAS, such proposed and estimated budget, after due hearing and consideration should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:00 p.m., July 22, 1996, to approve this budget in the proposed or amended form in accordance with Article Vll of the City Charter. PASSED AND APPROVED by the City Council at its regular meeting this the 8th day of July, AD, 1996. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 12 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 15, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the July 8, 1996 meeting as written. All Voted Aye. RESOLUTION A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1996 -16, approving the office site for the Jefferson County Appraisal District. All Voted Aye. , BUDGET Andre' Wimer, City Manager, gave a beef overview o f the proposed 1996- 1997 budget which attempts to maintain the current level of operational services without drawing upon reserve balances for this purpose. The budget for all funds totals $13,588,370. The budget does not call for any tax increase but does include a $.25/1,000 gallon increase for sewer service to assist in the funding of the wastewater system improvements. Mr. Wimer added that the budget includes a two percent (2 %) cost of living increase for employees, including the municipal judge. If Council should desire to give a three percent (3 %) increase it would require an additional $36,000. A new Water Treat- ment Plant Operator position has been created in order to ensure sufficient operational and maintenance support for the new Water Treatment Plant. The position in the MCML Solid Waste Fund has been eliminated and replaced by two (2) part-time positions. The employee in this position will be transferred into a Public Works/Water and Sewer function. There has also been one (1) Telecommunications Operator position added in the MCML Dispatch Fund in order to allow for sufficient support of dispatch operators. The Water Plant Operators and Wastewater Plant Operators have been reclassified from salary range 108 to 109, and the Executive Secretary has been reclassified from salary range 110 to 112. The Police Chief has been reclassified to Police Chief/Assistant City Manager. , Minutes continued, July 15, 1996 ' Mr. Wimer briefly reviewed each fund with Council. He reminded everyone in attendance that a Public Hearing on the proposed budget will be conducted on Monday, July 22, 1996 at 6:00 p.m. ADJOURN There being no further business the meeting was adjourned at 9:00 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 /Homer E. Nagel, Mayor V City of Nederland, Texas 173 375 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor , Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief V/ Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian V/ Mayor �t C-4�2'a it Secretary ' �- IS-9l� Date 17& CITY OF NEDERLAND RESOLUTION 1996 -16 A RESOLUTION APPROVING THE OFFICE SITE FOR JEFFERSON COUNTY APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.051(b) OF THE PROPERTY TAX CODE. WHEREAS, the Jefferson County Appraisal District adopted Resolution 96 -12 at their June 20, 1996 meeting approving the acquisition of land and construction of an office building; and, WHEREAS, Section 6.051(b) of the Property Tax Code mandates that this action be approved by three- fourths of the taxing entities entitled to vote on this matter, NOW, THEREFORE, BE IT RESOLVED by the governing body of the City ofNederland to approve the actions of the Jefferson County Appraisal District Board of Directors in acquiring land and constructing an once building as outlined in JCAD Resolution 96 -12 which is attached to and made a part of this Resolution. DOPTED BY THE CITY COUNCIL ofthe City ofNederland this the /f- Day of 1996. ATTEST: LaDonna Floyd, City secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichar7t d D. Hughes, City Attor y City ofNederland, Texas Homer E. Nagel, Mayor '�. City ofNederland, Texas 1 1 1 It T7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 22, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the July 15, 1996 Special Meeting as written. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:05 p.m. by Mayor Nagel for the purpose of receiving comments relative ' to the City of Nederland fiscal 1996 -97 budget. Andre Wimer, City Manager, gave an overview of the proposed budget. He stated that the proposed budget maintains the existing level of services that are provided by the City, with the combined funds totaling $13,588,370. Mr. Wimer further stated that the tax rate would remain the same at $.70 per $100 assessed value and the Water and Sewer Fund includes an increase of $.25 per 1,000 gallons of usage. He added that the budget also includes an increase in water and sewer line replacement, contracting for street sweeping services, and reinitiation of the driveway program. He also reported that the budget includes a two percent (2 %) cost of living increase for non - represented employees. Mr. Wimer concluded by reviewing the Funds included in the budget and briefly explaining the items contained in these funds. Mayor Nagel asked for questions or comments from the audience and explained that copies of the proposed budget are available at City Hall and at the Library and encouraged anyone interested to obtain a copy. He further stated that the budget would be on the August 12, 1996 agenda for final approval. There being no further questions and/or comments, the Public Hearing was adjourned at 6:12 p.m. by Mayor Nagel and the regular meeting was called back to order. 478 Minutes continued, July 22, 1996 RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman , Nugent to approve Resolution No. 1996 -19, authorizing application to the Texas Water Development Board for financial assistance for improvements to the sanitary sewer system. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve Resolution No. 1996 -20, declaring it to be the City's intent to reimburse certain expenditures made in advance of the issuance of tax - exempt obligations. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Nugent to approve Resolution No. 1996 -18, authorizing application to the Texas Water Development Board for a drainage study. All Voted Aye. SUBDIVISION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to accept the improvements to Allan Court Subdivision, Phase II. All Voted Aye. PLANNING A motion was made by Councilman Sawyer and seconded by Councilman ' AND ZONING Nugent to approve the replat of the property located at 2150 Highway 365 COMMISSION (Lot 2, Block 14, Range "IT', PALCO), as recommended by the Planning and Zoning Commission. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a contract with Long Magnuson Architects, Inc., Beaumont, Texas, for architectural services associated with the new library. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bid for heating and air conditioning for the City Office Building to Williams Refrigeration and Air Conditioning, Nederland, Texas, in the amount of $21,500. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bid for roof repairs to the City Office Building to Liberty County Roofing, Hardin, Texas, in the amount of $49,106. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel ' to authorize advertisement of bids for a skid steer loader for the Water and Wastewater departments. All Voted Aye. Minutes continued, July 22, 1996 CONTRACTS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve Resolution No. 1996 -21 and a Disposal Services Agreement between the Mid County Municipal League and Browning- Ferris, Inc. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Resolution No. 1996 -22 and a Residential Recyclable Materials Collection and Delivery Service Agreement between the Mid County Municipal League and Browning - Ferris, Inc. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve a Green Waste Disposal Contract between the Mid County Municipal League and Western Waste Industries. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve an agreement with Fulbright & Jaworski, L.L.P. for bond counsel services associated with the wastewater system improvement project. All Voted Aye. ' STREETS Andre Wimer, City Manager, explained that funds could be available within the next five (5) years through the South East Texas Regional Planning Commission for street projects. He further stated that staff had identified four (4) potential projects which he had submitted to Council for approval. These projects include: Avenue H from Twin City Hwy. to Port Neches city limits 21 st Street from Nederland Avenue to Avenue H 27th Street from Helena Avenue to Canal Avenue Boston Avenue from Twin City Hwy. to 15th Street After a brief discussion, the Council instructed the City Manager to add the following street to the list: 14th Street from Detroit Avenue to Helena Avenue A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve submitting these street projects to the South East Texas Regional Planning Commission. All Voted Aye. ' PAYMENTS A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,979.41 for surveying services in connection with the Community Development Block Grant (Hillcrest Terrace). All voted Aye. MR Minutes continued, July 22, 1996 A motion was made by Councilman Sawyer and seconded by Councilman , Daughtry to authorize payment to Schaumburg & Polk, Inc. in the amount of $16,273.49, wastewater system improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to KSA Engineers, Inc. in the amount of $1,527.72, water treatment plant, construction phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $4,782.56, water treatment plant, operational phase. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:45 p.m. by Mayor Nagel for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending and threatened litigation - Helen Serres vs. City of Nederland, City of Pharr, on Behalf of Itself and Other Similarly Situated Entities vs. Rio Grande Valley Gas Company and Southern Union Gas Company, and Gulf States Utilities Company rate case; and Chapter 551.074, to receive comments concerning personnel issues pertaining to retirement benefits, liabilities and obligations I of the City. RECONVENE The regular meeting was reconvened at 8:25 p.m. by Mayor Nagel. He announced that comments received on Helen Serres vs. City of Nederland, GSU rate case, and personnel issues pertaining to retirement benefits, and liabilities and obligations of the City were for informational purposes only. A motion was made by Mayor Nagel and seconded by Councilman Sawyer electing for the City of Nederland not to join in the class action suit of the City of Pharr, on Behalf of Itself and Other Similarly Situated Entities vs. Rio Grande Valley Gas Company and Southern Union Gas Company and so notify class action counsel by August 1, 1996. All Voted Aye. COMMUNICATION Andre Wimer reported that C. J. Schexnaider has been elected Chairman of the Planning and Zoning Commission. Mr. Wimer stated that a letter had been received from TCI Cablevision stating that they would be identifying unauthorized reception of cable services and making a committed effort to address the problem of cable I theft. Minutes continued, July 22, 1996 ' Mr. Wimer mentioned that information had been received from the Southeast Texas Regional Planning Commission regarding an expanded calling scope proposed by Southwestern Bell Telephone Company. He further stated that ballots would be sent to every customer in the calling area if this proposal is approved by the Public Utility Commission. Mr. Wimer reported that Don Reichle & Associates would begin work on the underground storage tank on 17th Street @ Canal Avenue. Mr. Wimer mentioned that he had received a letter from the State Comptroller's office regarding hotel occupancy tax exemptions for federal employees and he stated that he was not in favor of this exemption. Mayor Nagel advised that Mr. and Mrs. Barker, 512 S 7th Street, Nederland, Texas, had presented Council with information prior to the Council meeting regarding the condition of their foundation and driveway slab, but they declined to address Council until after Council has had an opportunity to review the documents. ADJOURN There being no further business, the meeting was adjourned at 8:35 p.m. by ' Mayor Nagel. ATTEST: huo IL� Lois Coco, Acting City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 1 CITY OF NEDERLAND , COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor V Robert D. Sawyer Councilman Ward 1 ✓ Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 ✓ R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. ✓ Rod Hatch Building Official ✓ Jim Weaver Parks Director LVictoria Klehn Librarian ✓ Mayor � ez- C4. City Secretary (aCtvn Date 7 - -9(, r t RESOLUTION NO.1996 -19 A RESOLUTION AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FOR IMPROVEMENTS TO SANITARY SEWER SYSTEM WHEREAS, there is a need to build, improve, extend, repair, and enlarge the sanitary sewer system in the City of Nederland, Texas (the "City "). x NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The City requests financial assistance from the Texas Water Development Board by the purchase of $12,750,000 in aggregate principal amount of the City of Nederland, Texas, Certificates of Obligation, to be issued in one or more series over a three year period beginning in 1996, through its State Revolving Fund Program. Section 2. Andr6 Wimer, City Manager of the City, is hereby authorized to submit the Application for Financial Assistance. Section 3. Andre Wimer, City Manager of the City, is hereby designated Official Representative for executing the Application and for any and all appearances before the Texas Water Development Board in connection with said Application for Financial Assistance. PASSED AND APPROVED this the a day of , 1996. omer Nagel, Mayor ATTEST: Lois Coco, Acting City Secretary t 183 194 NO. 1996 -20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS , DECLARING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES MADE IN ADVANCE OF THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS RECITALS 1. The City of Nederland, Texas (the "Issuer ") is a political subdivision of the State of Texas, and a municipal corporation operating as a home rule city 2. The Issuer intends to make capital expenditures, specifically preliminary engineering and related service, for planned sanitary sewer system improvements (the "Expenditures "), and desires to announce its intent to seek reimbursement for such Expenditures, and currently desires and expects to reimburse the Expenditures with proceeds of tax- exempt debt to be incurred hereafter for such purpose. 3. In order to preserve its right fund such reimbursement with proceeds of tax- exempt obligations under Treas. Reg. § 1.150 -2 (the "Regulation "), the Issuer desires declare its reasonable expectation ultimately to make such reimbursement before making the Expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ISSUER THAT: 1. The Issuer reasonably expects to reimburse the Expenditures (which the Issuer anticipates will be less than $200,000) with proceeds of debt hereafter to be incurred by the Issuer in a principal amount which the Issuer expects will not exceed $12,750,000, and that this resolution constitutes a declaration of official intent under the Regulation. RESOLVED THE CITY COUNCIL OF THE CITY OF NEDERLAND THIS o2 in cL dad L� S_ (�.� i 9 ci & City Secretary JI64 4 ) [CITY SEAL] O 0481783 Mayor J CITY OF NEDERLAND RESOLUTION 1996 -18 WHEREAS, the City Council (the "Governing Body ") of the City of Nederland, Texas (the "City "), hereby resolves to allocate and expend funds in the amount of $50,000.00 from the general operating budget of the City for the purpose of performing surveying and engineering studies of existing City owned or maintained drainage facilities within the City boundaries and the Alligator Bayou watershed and its tributaries which serve the City; and WHEREAS, the purpose of these studies is to determine possible improvements to said facilities to reduce or alleviate existing flooding problems within the boundaries of the City of Nederland; and WHEREAS, the expenditure of these funds will be in conjunction with funds provided by the Texas Water Development Board for a drainage study; and WHEREAS, the Governing Body desires by adoption of this Resolution to set forth its intent to allocate and expend these funds and to carry out the necessary actions in connection with the surveying and engineering studies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: The Governing Body of the City hereby evidences its intent to allocate and expend funds in the amount of $50,000.00 from the general operating budget of the City for the purpose of performing surveying and engineering studies of City owned or maintained drainage facilities within the City boundaries and the Alligator Bayou watershed and its tributaries which serve the City of Nederland. PASSED AND APPROVED this a Z day of 1996. ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Qffy Attorney City of Nederland, Texas C �,SZczA 4k. 'Homer E. Nagel, Mayor �- City of Nederland, Texas Ih5 I or) CITY OF NEDERLAND RESOLUTION 1996 -21 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING ENTERING INTO A CONTRACT TO PROVIDE LANDFILL FACILITIES FOR DISPOSAL SERVICES TO THE CITIZENS OF NEDERLAND, TEXAS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF NEDERLAND. WHEREAS, in order to protect the health, welfare and safety of the citizens of the City of Nederland, the City Council has determined that it was necessary to provide its citizens with disposal services, and in order to carry out such disposal services program, the City did deem it necessary to enter into a Disposal Service Agreement between the City of Nederland, Port Neches, and Groves, as participating cities and Browning - Ferris, Inc., as contractor, to provide such services to its citizens. The City now deems it necessary to extend the term of this contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, that the City Manager be and he is hereby authorized to execute on behalf of the City of Nederland, the attached First Amendment to Disposal Service Agreement between the City of Nederland, Port Neches, and Groves, and Browning - Ferris, Inc. providing disposal services to the citizens of the participating cities, which shall take effect on March, 1996. PASSED AND APPROVED this -Z� day of .1996. ATTEST: Lois Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attor y City of Nederland, Texas t 1 Homer E. Nagel, Mayor City of Nederland, Texas t 1 t CITY OF NEDERLAND RESOLUTION 1996 -22 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING ENTERING INTO A CONTRACT TO PROVIDE RECYCLABLE MATERIALS COLLECTION AND DELIVERY TO THE CITIZENS OF NEDERLAND, TEXAS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF NEDERLAND. WHEREAS, in order to protect the health, welfare and safety of the citizens of the City of Nederland, the City Council has determined that it was necessary to provide its citizens with residential recyclable materials collection and delivery, and in order to carry out such curbside recycling program, the City did deem it necessary to enter into a Residential Recyclable Materials Collection and Delivery Service Agreement between the City of Nederland, Port Neches, and Groves, as participating cities and Browning -Ferns, Inc., as contractor, to provide such services to its citizens. The City now deems it necessary to extend the term of this contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, that the City Manager be and he is hereby authorized to execute on behalf of the City of Nederland, the attached First Amendment to Residential Recyclable Materials Collection and Delivery Service Agreement between the City of Nederland, Port Neches, and Groves, and Browning - Ferris, Inc. providing recycling services to the citizens of the participating cities, which shall take effect on March, 1996. PASSED AND APPROVED this 2 oZ day of 1996. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: � Lois Coco, Coco, Acting City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City'AlWorney City of Nederland, Texas 187 i88 FIRST AMENDMENT TO RESIDENTIAL RECYCLABLE MATERIALS COLLECTION AND DELIVERY SERVICE AGREEMENT THIS FIRST AMENDMENT is entered into as of the day of , 1996, by and between MID - COUNTY MUNICIPAL LEAGUE, composed of the member Cities of Groves, Nederland and Port Neches, all home -rule cities in Jefferson County, Texas, acting herein under the authority of the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 271 (hereinafter referred to as "MCML ") and BROWNING- FERRIS, INC., with an office at 100 Ginger Street and Highway 69, Nederland, Texas, a Delaware corporation duly qualified to do business in, and in good standing, under the laws of the State of Texas (hereinafter referred to as "BFI "). W I T N E S S E T H WHEREAS, the parties hereto entered into a Residential Recyclable Materials Collection and Delivery Service Agreement dated February 11, 1991 (the "Recycling Agreement "); and WHEREAS, the parties now desire to modify certain provisions of the Recycling Agreement. NOW THEREFORE, it is hereby agreed as follows: Section 5 of the Recycling Agreement is hereby revised to read as follows: "Section 5 This Contract shall commence on the 1st day of March, 1996, and shall continue in full force and effect for a period of one (1) year thereafter, and shall be renewed annually on the anniversary date of the Contract for 4 (four) additional terms, provided, the Contractor has faithfully performed its obligations under the Contract during the preceding term. Each of the Participating Cities shall make the payment required of it from the current revenues available to the paying party. "(a) This contract relates to the performance of a governmental function of each of the member Cities of MCML and is therefore subject to any restrictions, limitations and /or conditions placed on the contractual authority of each member City or the MCML by State law, including that pertaining to the length and funding of such contracts. Accordingly, in the event that any member City, acting in good faith and in a fiscally responsible manner, does not have adequate general revenue funds available and, as a result, is unable to appropriate sufficient funds in its upcoming budget to enable it to meet its obligations under this Contract for all or a portion of that budget year, such City may elect to terminate this Contract, effective as of the date of which any funds that have been appropriated are exhausted. Such city shall notify BFI, in writing, as soon as it determines that it will be unable to appropriate the necessary funds, but in no event later than ninety (90) days prior to the beginning of that budget year." 2. All other terms and conditions of the Recycling Agreement shall remain in full force and effect. IN WITNESS WHEREOF, -the parties have executed this First Amendment to Recycling Agreement in multiple copies, each of which shall be deemed to be an original, effective as of the date countersigned by the Administrative Agency of the Mid - County Municipal League. MID - COUNTY MUNICIPAL LEAGUE: BROWNING- FERRIS, INC. By: Title: City of• By: Title: City of: By: Title: City of: ATTEST /SEAL: By: By: By: C� By: Title:_ City of: ATTEST: 0 SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. August 5, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the July 22, 1996 meeting as written. All Voted Aye. WASTEWATER A motion was made by Councilman Sawyer and seconded by Mayor Nagel to TREATMENT authorize Schaumburg & Polk, Inc. to utilize Horizon Environmental Services PLANT to perform work associated with the Use Attainability Study, with the I estimated cost to be $5,200.00. All Voted Aye. EMPLOYEE/ Marilyn Patterson, Texas Municipal League Group Benefits Risk Pool, briefly RETIREE reviewed the City's history with their company, as well as the proposed rate INSURANCE increase. She added that the increase is due to not only the increase of the City of Nederland's insurance claims, but the entire pool as a whole. Mr. Wimer stated that in order for the employees to have no increase in the rates they currently pay the City would need an additional $50,000.00 to fund the proposed rates. He also informed the Council that if the City bids for insurance coverage it would be probable that the rates would be even higher due to our increased claims and an organ transplant performed on one of the City's employees. A motion was made Councilman Daughtry and seconded by Mayor Nagel to maintain the employee's health, dental and long -term disability insurance with TML Group Benefits Risk Pool at the present policy terms and to authorize the City to pay the rate increase on behalf of the employees for a one -year period at which time the policy will be reviewed. All Voted Aye. Minutes continued, August 5, 1996 Andre' Wimer reminded the Council that the auditor had requested that the City review the policy of paying retirees health insurance due to the fact that there were no stipulations placed on individuals who retire from the City of Nederland. Under the current policy if the City hired a person who had previously worked at another city it could be possible for him to work for Nederland for just a short period of time and be eligible to retire. Under this scenario the City would be responsible for paying their insurance until they reached age 65. Cheryl Dowden, City Treasurer, presented the Council with a Post - Retirement Health Insurance Options which detailed the budget impact with the current employees. She outlined costs for all retirees, retirees with 75% credits from Nederland, and retirees employed 10 years with Nederland. Mr. Wimer advised that this item was for discussion only and that it will be placed on the next agenda for Council action. PERSONNEL A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve the elimination of the Accountant position and to create the position of Accounting Clerk classified as Range 108 of the Wage and Salary Classification. All Voted Aye. LIEN A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the release of a grass cutting lien on property located on Lot 6, Block 1, Hillcrest 2nd Acres. All Voted Aye. COMMUNI- Mr. Wimer reported that some of the staff met with representatives of the CATION Texas Department of Housing last week and that they indicated the City is being recommended for approval of the CDBG project in Wagner Addition for wastewater system improvements. The City Manager stated that the new door to be placed between the Council table and the conference room has been ordered and should arrive in approximately 3 -4 weeks. Mayor Nagel read a letter from Linda Primeaux commending Jim Weaver, Director of Parks & Recreation, for an outstanding job, and the recent improvements made to Doornbos Park. t 19.1 1 W2 Minutes continued, August 5, 1996 ADJOURN There being o further business the meeting was adjourned at 7:17 .m. b g g J P Y Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas L� 11 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET L Name Title Present Ahsent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 ✓ Andre Wimer City Manager LaDonna Floyd City Secretary V Richard Hughes City Attorney q/ Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director V/ Victoria Klehn Librarian � � E�� Mayor City Secretary Date J. CPO !: 194 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1 6:00 p.m. August 12, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the special meeting of August 5, 1996 as written. All Voted Aye. VARIANCE Andre' Wimer, City Manager, informed the Council that Fellowship Baptist Church is seeking a variance to Chapter 18, Sec. 251 of the Code of Ordinances, which requires a licensed electrician and plumber to perform work on all commercial buildings. Rod Hatch, Building Official, added that they have requested that some of their members be allowed to perform the necessary work. They had informed Mr. Hatch that an electrical engineer and industrial electricians who are members are willing to do the necessary work. Pastor Steve Hays, Fellowship Baptist Church, stated that they would be willing to sign a waiver releasing the City from all liabilities. Richard Hughes, City Attorney, asked that he be given an opportunity to review this request to determine if a church could in fact provide a waiver that would release the City, because it would not include any members who would join the church after the date of the release. Pastor Hays told Council that he thought they did have a member who was a licensed electrician, but did not have a bond. Mr. Hatch informed him that if the gentleman was licensed then all he would have to do was obtain a bond in the amount of $2,000.00 from an insurance company, which would cost less than $100.00, then a variance would not be necessary. This would also apply to any plumbing work performed. 1 1 F ;1 Minutes continued, August 12, 1996 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone approving a variance which would allow members of Fellowship Baptist Church to perform electrical and plumbing work at their facility. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1996 -05, an appropriation ordinance adopting a budget in accordance with Article VII of the Home Rule Charter of the City of Nederland. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Daughtry to approve Ordinance No. 1996 -06, adopting a tax rate of $.70 per $100 valuation for the fiscal year beginning October 1, 1996 and ending September 30, 1997. All Voted Aye. TAX ROLL A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve the appraisal roll as certified by the Jefferson County Appraisal District. All Voted Aye. CAPITAL A motion was made by Mayor Nagel and seconded by Councilman Nugent to IMPROVEMENT approve the Five Year Capital Improvement Program. All Voted Aye. PROGRAM COUNCILMAN Councilman Daughtry announced that he needed to be excused at 6:37 p.m. POLICIES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the Purchasing Procedures, Cash Receipts Procedures, Fixed Asset Policy, and Petty Cash Fund Policy. All Voted Aye. WATER Andre' Wimer, City Manager, explained that Schaumburg & Polk are working CONSERVATION on a Water Conservation Plan which is required for the funding the City of PLAN Nederland is attempting to acquire from the State. He added that the draft plan will be presented to Council for their review sometime later this month or early September. LIBRARY A motion was made by Councilman Nugent and seconded by Councilman Radcliff to appoint Sonya Willis as representative, and Eileen Henson as alternate representative, to the Houston Area Library System (HALS). All Voted Aye. 195 1916 Minutes continued, August 12, 1996 STREET LIGHTS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize the installation of street lights within the City of Nederland at the following locations: 204 - 23rd Street, 2921 Avenue H, 803 - 9th Street, 2024 Avenue B, 720 - 11th Street, 2416 Avenue G, and 2103 Canal. All Voted Aye. RESOLUTION Andre' Wimer, City Manager, reminded the Council that in October, 1986 the City of Nederland donated a piece of property located on Gage to People Acting to Tackle Chemical Habits (PATCH). The original quitclaim deed stated that if the property ever ceased to be used by PATCH the property would revert back to the City. Since that time this organization has not used the property and has relocated to Port Neches, therefore, they have requested that the City assume ownership. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1996 -23, authorizing the City of Nederland to assume the ownership of property described as parts of Lots 2 and 7, Block 16, Range E, Tract 10, PALCO from PATCH. All Voted Aye. CITY SERVICES A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment of the bills for the month of July, 1996. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:56 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending and threatened litigation - Helen Serres vs. City of Nederland, Dorothy Waldron vs. City of Nederland, and Vera Westfall et. al. vs. City of Nederland; and Chapter 551.074, receive comments concerning personnel issues pertaining to retirement benefits, and liabilities and obligations of the City. RECONVENE The regular meeting was reconvened at 7:20 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. I l_1 1 1 Minutes continued, August 12, 1996 COMMUNI- Andre' Wimer reported that the inspection work on the water storage tank CATION began today. The City Manager stated that Billy Sims, KSA Engineers, was concerned about some vibration at the Water Treatment Plant and he contacted the vendors last week and they replaced a bearing. We will be requesting a letter from the vendors stating that this will reduce the vibration. Mr. Wimer also reported that he attended a meeting last Friday conducted by the Lower Neches Valley Authority relative to the low levels of Sam Rayburn Reservoir. Mr. Hebert, LNVA, is requesting from municipalities and industries adoption of a voluntary water conservation policy in order to assist them in securing a temporary variance to their State permit which allows them to pump from Rayburn. If the lake level falls approximately two more feet then the State can take control of the lake. LNVA is scheduled to meet with the State on August 20th to request the permit, therefore, the water conservation policy will need to be adopted prior to that date. Mr. Wimer added that he is scheduled to meet with representatives from the City of Port Neches and Groves to discuss a policy. A special meeting will need to be called for later this week or early next week to adopt the policy. Mayor Nagel suggested that we conduct a Work Session sometime during the next month or so to discuss the retiree health insurance. ADJOURN There being no further business the meeting was adjourned at 7:35 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas RU-11 CITY OF NEDERLAND ' COUNCH, MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager i/ LaDonna Floyd City Secretary V/ Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief V., Cheryl Dowden City Treasurer i/ Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. f Rod Hatch Building Official Jim Weaver Parks Director X Victoria Klehn Librarian I/ Mayor Ci y Secretary Date 1 1 ORDINANCE NO. 1996 -05 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WIiEREAS, 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, 1996 and ending September 30, 1997, 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 22, 1996, 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 i - GENERAL FUND. That there be and is hereby appropriated the sum of Four million, nine hundred sixty thousand, seven hundred thirty -seven dollars and no cents ($4,960,737.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 15,542 b. Legal 39,059 C. City Manager 233,722 d. Finance 194,150 e. Personnel 136,250 f. City Hall 42,050 g. Police 1,515,909 h. Fire 828,788 I. Fire Volunteers 7,200 j. Inspections 109,504 k. Public Works Administration 133,561 1. Street Department 751,000 m. City Shop 137,100 n. Parks & Recreation 343,232 o. Library 238,370 p. Other Requirements 235,300 ,Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty -two thousand, five hundred seventy -six dollars and no cents ($1,532,576.00) 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, nine hundred fifty -two thousand dollars and no cents ($2,952,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a . Water Treatment $ 739,750 b. Billing /Collections 252,307 c. Wastewater Treatment 563,183 d. Water & Sewer Distribution 758,970 e. Other Requirements 637,790 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 four hundred dollars and no cents ($63,400.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 6 - EOUTPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Thirty -two thousand dollars and no cents ($32,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 7 - EOUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred forty thousand dollars and no cents ($140,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 8 - CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Three hundred thirty thousand dollars and no cents ($330,000.00) to the Capital Outlay Fund for the payment of necessary capital outlay. Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Seventeen thousand, four hundred dollars and no cents ($17,400.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUN . That there be and is hereby appropriated the sum of One hundred fifty -four thousand one hundred dollars and no cents ($154,100.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 - ECONOMIC DEVELOPMENT FUND. That there be and is , hereby appropriated the sum of Two million, twenty -two thousand, seven hundred sixteen dollars and no cents ($2,022,716.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 12 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Sixty -two thousand dollars and no cents ($62,000.00) to the Hotel /Motel Fund for the payment of operating expenses. Section 13 - 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 14 - MID - COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Three hundred twenty -six thousand, three hundred fifty -one dollars and no cents ($326,351.00) to the Mid - County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. Section 15 - MTD- COUNTY M N CTPA • LEAGUE SOLID WASTE FUND. That there be and is hereby appropriated the sum of Fifteen thousand, ninety dollars and no cents ($15,090.00) 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, 1996 and ending September 30, 1997. 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 1 1 1 amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1996, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1996 and ending September 30, 1997, 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 1,2 DAY OF AUGUST, A.D., 1996. Homer Nagel, May r City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes City Attorney City of Nederland, Texas 201 2U'� ORDINANCE NO. 1996 -06 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 1996, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. 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 1996, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $472,950,350; 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 $472,950,350, shall become the tax assessment rolls of the City of Nederland for the year 1996, less all exemptions provided by either State Law or City ordinance in the amount of $49,042,720. SECTION 2: - That there is hereby levied for the current year, 1996, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest and sinking funds for the fiscal year ending September 30, 1997 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of seventy cents ($.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), 32.85 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 37.15 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Two hundred forty -nine thousand, four hundred twelve dollars and fifty cents ($249,412.50) on the Permanent Improvement Bonds, Series 1978, 6.069 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Eight hundred seventy -five thousand dollars ($875,000.00) Permanent Improvement Bonds, Series 1986, 21.294 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred ninety -eight thousand, one hundred eighty -one dollars and twenty -five cents ($198,181.25) on the Permanent Improvement Refunding Bonds, Series 1992, 4.823 cents on each one hundred dollars ($100) valuation of property. 1 1 1 For the purpose of paying interest and principal of Two hundred three thousand, nine hundred eighty dollars ($203,980.00) on the Certificates of Obligation, Series 1992, 4.964 cents on each one hundred dollars ($100) valuation of property. 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 1996 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 CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE /c2_ DAY OF AUGUST, A.D., 1996. ATTEST: ?n LaDOnna FloydCity Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughe , City Attorney City of Nederland, Texas 1 Homer• Nag~ a Mayo 2l City of Nederland, Texas a �nt ;&m mss" STATE OF TEXAS ) COUNTY OF JEFFERSON ) CERTIFICATION OF 1996 APPRAISAL ROLL FOR City of Nederland I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District which lists property taxable by and constitutes the appraisal roll for City of Nederland. July 16, 19960, Date Roland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal Dist. 1 # of Accounts with Veterans Exemption 106 # of Agriculture -Use Accounts 0 # of Exempt Accounts 257 1996 Taxable Value $423,907,630 RECEIVED BY: DATE: 1996 APPRAISAL ROLL INFORMATION 1996 Gross Value $472,950,350 1996 Market Value $446,324,710 1996 Gross Taxable Value $446,324,710 Total Number of Accounts 7,856 # of Accounts with Homestead Exemption 4,530 # of Accounts with Over -65 Exemption 1,327 # of Accounts with Disabled Exemption 121 # of Accounts with Veterans Exemption 106 # of Agriculture -Use Accounts 0 # of Exempt Accounts 257 1996 Taxable Value $423,907,630 RECEIVED BY: DATE: Ctgenc,(a .gym 205 CITY OF NEDERLAND POLICY AND PROCEDURE MANUAL SUBJECT: Purchasing Procedures EFFECTIVE DATE: August 19, 1996 I. POLICY: It is the policy of the City of Nederland to assure good control and coordination of City wide procurement, reporting capabilities for management, equitable treatment of vendors and service providers, and adherence to federal, state and local law applicable to municipal procurement. City employees involved in the purchasing process shall become familiar with, and adhere to, the guidelines set forth in this manual. II. PURPOSE: The purpose of this policy is to define the functions, responsibilities and inter - departmental relations to the City's procurement policies. III. OBJECTIVES: The policies and procedures are established to assist City personnel by defining general and specific management decisions as included in , but not limited to the following: a. To define procurement authority, activities, and procedures. b. To clarify inter - depart mental responsibilities and relations. c. To develop improved policies and procedures through ongoing review and update. d. To assist in supervision. e. To standardize and communicate approved practices. f. To promote understanding, cooperation and a sense of equitable treatment among suppliers. g. To assist in training and personnel development. h. To maintain efficient management practices. IV. DEFINITIONS: A. Purchasin : The process through which materials, supplies, and services are obtained for operations. 206 B. Purchase Order: The document used to initiate and control purchases. a. Vendor Cony: The white copy of the purchase order which is given to the vendor and /or supplier when supplies, materials or services are obtained or ordered. b. Accounts Payable Copy: The pink copy of the purchase order which is sent to the Finance Department for processing. c. Departmental Copy: The yellow copy of the purchase order which gives the applicable department a copy of purchases. d. Received Coo v: The gold copy of the purchase order that allows department and the Finance Department to ascertain whether the supplies, materials and /or services have been delivered or rendered. C. Contractual Agreement: Refers to any contract for the purchase of goods or services and may include several classes of items. D. Informal Bids: Informal bids are generally used for requisition of item(s) estimated to cost $500 but less than or equal to $4,999.99. Departments are required to solicit at least three bids, whenever possible, for any purchases costing $500 or more. E. Formal Bids: Those solicited for the requisition of item(s) or contract(s) for goods or services estimated to cost $5,000.00 or more.. F. Request for Proposals (RFP): As authorized by State Purchasing Law, Ch. 252 of the , Local Government Code. Request for Proposals shall be evaluated based on relevant criteria on a case by case basis. This section shall not apply to procurement exempted from competitive bidding, i.e. personal and professional services. G. Budget Authorization: The budget is the document through which allocations for various expenditures are authorized to departments by the City Council. Departments shall insure that funds are allocated in the budget before any procurement. H. Vendor Favoritism: Favorable treatment towards a vendor can mean, for example, improper advance notice of a request for bids or proposals, obtaining normally unavailable information, being allowed to submit bids after a deadline, and obtaining acceptance for substandard goods. I. Sole Source Procurement: An award for a commodity or service to the only known capable supplier, occasioned by the unique nature of the requirement, the supplier, or market conditions. V. RESPONSIBILITIES: A. The City Council must authorize all purchases of supplies, materials, and goods costing $5,000.00 or more, except in an emergency. B. The Department Head has the responsibility for the procurement of all goods and services, and to either provide the services for such procurement and processing or give functional directions to others delegated the authority to perform such services. C. The Department Head or his designee has the responsibility for obligating the City and for making the determination of source of supply, quantities purchased, delivery schedule and price negotiations, except where others are so authorized. D. When supplier sales representatives make personal sales calls to a department without special invitation, they are to be directed to the appropriate department. E. No employee engaged in purchasing activities shall accept anything of material value from any vendor or potential vendor. Discretion shall be practiced to avoid any perception or possibility of vendor favoritism, or competitive advantage. Employees violating this provision shall be subject to disciplinary action. F. No employee engaged in a specific purchasing activity shall have any financial interest in company providing services, materials, or supplies to the City of Nederland. G. The Department Head or his authorized designee is responsible to assure competition, whenever possible, by providing for at least three (3) price quotations for any purchases over $499.99 and for formal bids costing $5,000.00 or more. These quotes must be documented in writing. H. The Department Head or his authorized designee must originate all purchases of goods and services with a signed purchase order, or other approved instrument. I. The City Council shall have the power to reject all bids and advertise again I The City Manager or his authorized designee shall assure that City improvement contracts exceeding $4,999.99 be awarded to the lowest responsible bidder meeting specifications after such public notice and competition as prescribed by State law. K. The City Manager or his authorized designee is responsible to assure that all commitments to a vendor or service provider are stated in writing by purchase order, contract or letter with appropriate terms. L. An employee of the City of Nederland who makes a written or verbal commitment to purchase material, equipment, or services for the City and is not authorized under one of the above categories is subject to disciplinary action, legal action, and personal liability. 1 207 208- VI. PURCHASING CATEGORIES A. Category 1 - $.01 - $499.99 Department Heads and/or their authorized designees are permitted to purchase items with a properly completed purchase order. B. Category 2 - $500.00 - $4,999.99 The City Manager has authority to authorize the purchase of budgeted items without the approval of the City Council. Three (3) competitive quotations, when available, shall be required prior to approving the purchase. C. Category 3 - $5,000.00 + The purchase of items or services costing $5,000.00 or more shall require that sealed competitive written bids or proposals be secured, except as exempted by State law. This category includes items used throughout the year such as street materials, water and sewer materials, fuel, etc. VII. PROCEDURES/RULES: A. PURCHASE ORDER - The Department Head or his authorized designee shall issue a purchase order for any and all items purchased for the City of Nederland. The purchase order is a four part form to be completed by the department requesting said goods or services. This form shall contain sufficient information relative to items, quantity, vendor information and price, if known. For a Category I purchase, the white copy is sent to the vendor and the pink copy is sent to the Finance Department. For a Category 2 purchase, all copies of the purchase order are submitted to the Finance Department for verification of sufficient funds and proper account coding. Once verified, the purchase order is routed to the City Manager for his consideration. If the goods or services are received immediately, the gold copy is returned to the Finance Department. However, if these goods or services are to be furnished at a later date, departments shall keep the received copy until such goods or services are furnished to the City. At that time, the department shall write down the date received on the receipt copy and send it to the Finance Department. If a partial shipment of the order is received, the department shall make a copy of the gold received copy and indicate the amount authorized for payment. The yellow copy, marked "Department Copy," is kept by the department as a record of purchase. 1 I B. Any department requesting funds to purchase an item or service costing $5,000.00 or more, Category 3, shall follow these guidelines: a. Notify the City Manager of intent to purchase goods or services under a Category 3 purchase. b. Request authorization, through the City Manager, from the City Council to issue competitive bids. c. Schedule dates for advertisement and opening with the City Secretary. d. Advertise for bids. e. Once bids have been received and evaluated, the City Council shall vote to accept or reject the awarding of a bid. VIII. CITY VENDORS: Whenever possible, consideration should be given to City of Nederland businesses when procuring services and supplies if costs are reasonable. 1 1 209 . 210 CITY OF NEDERLAND , POLICY AND PROCEDURE MANUAL SUBJECT: Cash Receipts Procedures EFFECTIVE DATE: August 19, 1996 It is the policy of the City of Nederland to assure good control of cash receipts which insures that all money received by the City is properly processed, deposited and accounted for. The purpose of this policy is to define the functions, responsibilities and interdepartmental relations to the City's cash receipting system as well as assure good control for the collection and control of cash receipts. III. DEFINITIONS: A. fah: Currency, coins, checks, and money orders on hand or on deposit with a designated official or depository designated as custodian of cash and bank deposits. B. Custodian: Person responsible for maintaining and safeguarding cash on hand. C. Daily Collection Report: Report prepared daily which shows sources of revenue, deposit amount, and any cash shortage or overage. D. Internal Control: A plan of organization under which employee's duties are so arranged, and records and procedures so designed, as to make it possible to exercise effective accounting control over assets, liabilities, revenues, and expenditures. Under such a system, the procedures to be followed are definitely established and require proper authorizations by designated officials for all actions to be taken. 1 IV. RESPONSIBILITIES: A. Custodian a. Shall maintain records specifying the location and amount of cash on hand. b. Shall maintain strict control over access to cash, and shall maintain a vault or similar secure area for the storage of cash on hand. B. Finance Department a. Shall perform surprise cash checks of all departments handling cash to insure compliance with City Policy. b. Shall review procedures followed by custodians in handling funds to insure that internal accounting controls are adequate. V. PROCEDURES FOR CASH HANDLING: A. The City shall maintain prenumbered receipts to be issued for cash received. Receipt books shall be strictly controlled and distributed until used. B. Prepare a receipt for each intake of cash: a. Issue receipts in numerical order and include the following information: 1) Amount 2) Date received 3) Customer's name 4) Description of the service or product purchased 5) Paid by - place "x" by cash or check, if paid by check include check number 6) Initials or signature of person issuing receipt b. Receipts are issued in 3 -part sets and shall be distributed as follows: 1) White - given to the customer, except for voids, which shall be sent to the Finance Department. 2) Yellow - attached to the Daily Collection Report submitted with the deposit 3) Pink - permanently bound in receipt book for accounting and auditing purposes C. Voided Receipts shall be accounted for in numerical sequence; therefore, any spoiled receipts shall be marked "VOID" and turned in with the other receipts in the deposit. d. If the customer has paid by check, the check shall be stamped "FOR DEPOSIT ONLY - CITY OF NEDERLAND" as soon as the check has I been received from the customer. �: • •► '•C A. Each department shall identify the employee(s) who shall be responsible for preparing the Daily Collection Report. B. A Daily Collection Report shall be prepared daily with deposits forwarded to the Billing /Collections Department. However, if the deposit amounts are very small (less than $100) and if the department has a secure place, as approved by the Finance Department, to keep the funds, then deposits may be made less frequently. Departments must receive prior approval from the Finance Department if deposits are not to be made on a daily basis and a regular schedule (i.e. once per week) shall be established. However, a Daily Collection Report shall be prepared regardless of whether funds are forwarded to the Billing /Collections Department. a. Verify total of cash and checks - remove from the receipt book, all yellow copies of receipts that have been prepared plus any voided white copies. Add up all of the dollar amounts and be sure that the total of all the checks and cash received equals the total of all receipts that have been issued. In addition, cash drawer amounts shall always equal the original amount funded. b. Record the date that the Daily Collection Report is prepared. C. Complete the Report by listing the various revenues in the appropriate spaces. d. Total the Report and enter this figure in the space provided for "Total Deposit." The preparer shall initial in the appropriate space. e. The Cash Over /(Short) account is used to reflect any differences between what was receipted and the actual cash /checks total. If cash and checks are greater than the receipts, record the difference as a positive number. If the amount is less than the receipts, then record the difference as a negative number. NOTE: If the deposit is over or short by more than $5.00, a note must be attached to the deposit explaining as much as possible the reason(s) for the overage or shortage. This note must be signed or initialed by the preparer and department head. f. In the event that discrepancies are identified, the Finance Department shall be immediately contacted for assistance. VII. DEPOSIT OF FUNDS: All deposits should be forwarded to the Billing /Collections Department by 11:00 a.m. A copy of the completed Daily Collection Report, with yellow receipts attached, shall accompany the deposit. Personnel from the Billing /Collections Department will count and verify the deposit received and prepare a receipt of funds received. 1 1 21���• -I CITY OF NEDERLAND POLICY AND PROCEDURE MANUAL SUBJECT: Fixed Asset Policy EFFECTIVE DATE: August 19, 1996 I. POLICY: It is the policy of the City of Nederland to maintain a complete and accurate accounting of all fixed assets owned by the City. II. PURPOS The purpose of this policy is to ensure accountability and proper management and custody of the City's assets. It is also necessary for the preparation of complete financial reports. III. A. Fixed Assets: Assets of a long -term nature intended to be held or used for a period that extends beyond one (1) year. B. Maintenance and Repairs: Expenditures to restore assets to good operating condition upon their breakdown, or to restore broken parts, which neither materially add to the value of an asset nor appreciably prolong its life. C. Replacements: Consists of replacing an existing asset with an improved or superior unit. D. Additions: New and separate units or extensions of existing units that add to asset usefulness by extending the useful life. 1 IV. RESPONSIBILITIES: A. Department Head a. Maintains custody over and ensures proper use of assets in his or her f department. L015 V. PROCEDURES FOR FIXED ASSET RECORDING: A. The Finance Department will be responsible for keeping records of all City owned fixed assets. B. The records will be kept both physically and on a fixed asset computer program. The physical records will include a copy of the purchase order, check, and invoice associated with the asset. b. Places prenumbered identification tags received from the Finance Department on corresponding assets. C. Provides Finance Department with all information such as serial number, physical condition, or location of assets. d. Properly budget funds for the purchase of fixed assets. e. Charges fixed assets to proper capital outlay accounts and any repairs, maintenance, or supplies to the proper contractual or expenditure account. f. Notifies the Finance Department of any asset disposals. g. Notifies the Finance Department of any asset donations and provides information on cost, etc.. B. Finance Department a. Assigns an asset tag number to all fixed assets purchased by the City. b. Provides the proper department head with an asset tag for physical tagging along with the asset description. C. Maintains accurate and current records on all fixed assets. d. Periodically provides department heads with a listing of fixed assets in their department. e. Maintains a depreciated cost for enterprise and internal service fund fixed assets. f. Reconciles each department's fixed asset records to their respective capital outlay accounts to ensure completeness and reliability. V. PROCEDURES FOR FIXED ASSET RECORDING: A. The Finance Department will be responsible for keeping records of all City owned fixed assets. B. The records will be kept both physically and on a fixed asset computer program. The physical records will include a copy of the purchase order, check, and invoice associated with the asset. 2.I b C. The capital outlay accounts will be reviewed by the Finance Department each ' month. All fixed assets charged to these accounts will be recorded and tagged. Any other amounts charged to these accounts will be properly reclassified. D. Any asset of a nature that does not allow physical tagging will be assigned an asset number and the respective tag will be kept with the physical asset record. E. All assets costing more than $500.00 will be tagged. F. Assets costing less than $500.00, such as office equipment, and file cabinets may be consistently tagged due to their nature. G. Costs of maintenance and repairs benefit only current operations and will not be added to the cost of the asset. H. Additions to an asset will be included in the cost of the asset. I. Replacement of parts of an existing asset will not be added to the value of the existing asset unless the replacement materially increases the value or useful life of the asset. J. All enterprise and internal service fund fixed assets will be depreciated according to the following schedule: Office equipment, vehicles, heavy equipment 5 -10 years Infrastructure 30 years Buildings and structures 50 years G 1 1 SUBJECT: EFFECTIVE DATE: I. POLICY: CITY OF NEDERLAND POLICY AND PROCEDURE MANUAL Petty Cash Fund August 19, 1996 It is the policy of the City of Nederland to maintain Petty Cash Funds to be used for small purchases that are more conveniently made in cash than through the established purchasing procedures and to maintain change funds in departments that regularly receive cash payments in the course of their operation to facilitate the collections process. ;•• The purpose of this policy is to ensure that the Petty Cash Fund is available and that procedures are established to assure appropriate use and good internal control over the fund. A. Imgrest: An accounting term describing a control procedure for maintaining a specified balance. For example, the total of unexpended cash plus checks and /or receipts should always equal the authorized amount of the fund. Periodically, the fund's cash balance is replenished up to the authorized amount by reimbursement for receipted vouchers. B. Petty Cash Fund: A fund, maintained on an imprest basis, used for disbursements of cash for small purchases. C. Change Funds: A fund associated with the making of change during normal collection activity. No cash disbursements shall occur within this fund. D. Custodian: The individual who is responsible for administering the Petty Cash and /or Change Funds and to whom checks used to replenish the Petty Cash Funds are given. 21b IV. RESPONSIBILITIES: A. Custodian a. Shall maintain records specifying the location and amount of petty cash. b. Requests checks to replenish the Petty Cash Fund when needed and records the expenditures in the proper accounts. C. Verifies the supporting detail of all reimbursement requests. d. Issues cash for purchases which fall within the Petty Cash Fund guidelines. e. Is accountable for all funds assigned to him /her. B. Finance Director a. Performs surprise counts of Petty Cash and Change Funds to insure compliance with City Policy. b. Reviews procedures followed by custodians in handling the funds to insure that internal accounting controls are adequate. V. PROCEDURES FOR PETTY CASH FUND: A. One person will be designated the petty cash custodian and will be responsible for the fund. B. The fund will be kept in a physically secure place at all times. C. No other funds may be commingled with Petty Cash Funds. D. The fund shall not be used to cash checks. E. All overages and shortages will be recorded on petty cash vouchers at the time that they occur or are discovered. For shortages greater that $9.99, the Finance Director is to be notified. Consistent small shortages over a period of five (5) days or more shall be reported to the Finance Director. F. Petty Cash funds may be used for petty cash purposes only. Purchases may not exceed twenty dollars ($20) unless approved by the Finance Director. G. A petty cash voucher will be completed for each disbursement and shall include a receipt. H. The Petty Cash Fund will be replenished as needed so that expenditures will be reflected in the correct accounting period. I. The size of the Petty Cash Fund will be large enough to cover disbursements for approximately two months. The amount will be determined and approved by the Finance Director. J. The total of unexpended cash and vouchers shall equal the authorized fund amount at all times. 1 C G I `i CITY OF NEDERLAND RESOLUTION NO. 1996 -23 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE CITY OF NEDERLAND TO ASSUME THE OWNERSHIP OF THE PROPERTY DESCRIBED AS PARTS OF LOTS TWO AND SEVEN BLOCK SIXTEEN, RANGE E, TRACT TEN, PALCO FROM P.A.T.C.H. OF JEFFERSON COUNTY BY VIRTUE OF THE REVERTER CLAUSE CONTAINED IN THE QUITCLAIM DEED DATED OCTOBER 14, 1986 WHEREAS, the City of Nederland previously provided a Quitclaim Deed to P.A.T.C.H. of Jefferson County, a Texas Corporation, covering real property situated in Jefferson County, Texas, described as follows: Being a part of Lots Two (2) and Seven (7), Block Sixteen (16), Range E of the Port Arthur Land Company subdivision, and being more fully described by metes and bounds as follows: BEGINNING at the Southeast corner of the Joseph Turner Survey; THENCE Northerly 311 feet with the East line of said Turner Survey; THENCE North 140 feet 88 58 Min. East to the West line of Gage Street; THENCE South 311 feet 1 02 min. /West with the West line of said Gage Street; THENCE South 140 feet 88 58 min. West to point of beginning, and containing one acre of land. WHEREAS, said Quitclaim Deed contained a covenant and agreement that in the event that P.A.T.C.H. of Jefferson County ceased to use the quitclaim property for housing facilities to inform and educate parents, adolescence, children, and others about the dangers of mind and mood altering drugs and to promote, encourage, and assist other local parent, youth, and school groups or other organizations, which are concerned with chemical dependency and abuse, the title to said premises would immediately revert to and vest in the City of Nederland and said quitclaim conveyance would be null and void; WHEREAS, the above described property was neverutilized by P.A.T.C.H. of Jefferson County for the purposes expressed in the Quitclaim Deed; and I WHEREAS, the City of Nederland is desirous of taking action necessary to reflect its I ownership of the above described tract of land by declaring the Quitclaim Deed dated October 14, 1986, null and void as of the same date under the reverter clause on the grounds that the property was never utilized by P.A.T.C.H. of Jefferson County for the intended purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT the Quitclaim Deed from the City of Nederland to P.A.T.C.H. of Jefferson County, a Texas Corporation, dated October 14, 1986, is declared to be null and void effective October 14, 1986, under the terms and provisions under the reverter clause contained therein and on the grounds that the property was never used for the intended purposes, to -wit: a housing facility to inform and educate parents, adolescents, children, and others about the dangers of mind and mood - altering drugs and to promote, encourage, and assist other local parent, youth, and school groups or other organizations, which are concerned with chemical dependency and abuse; THAT the ownership of the above described tract of land has remained in the City of Nederland from October 14, 1986, and, further, no tax liability is to be assumed by the City of Nederland on said parcel of land; and THAT the proper city officials are hereby authorized to notify the County Clerk of ' Jefferson County, Texas and the Jefferson County Tax Appraiser's Office of the City's continued ownership of said property. PASSED AND APPROVED this j— day of August, 1996. 'Homer Nagel, Mayor ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: 44z- - '/I Richard D. Hughes, City Attorne ;4:r QUITCLAIM DEED ' STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT P.A.T.C.H. of Jefferson County, a Texas Corporation, P. O. Box 159, Nederland, Jefferson County, Texas, does hereby represent that the following described real property situated in Jefferson County, Texas, which was conveyed to it by the City of Nederland by Quitclaim Deed dated October 14, 1986, was never used for the intended purposes and, therefore, has reverted to and vested in the City of Nederland, its successors and assigns effective October 14, 1986, and to further acknowledge the City of Nederland's ownership, P.A.T.C.H. of Jefferson County, a Texas Corporation, does hereby quitclaim unto the City of Nederland, a duly incorporated home rule city of the County of Jefferson, State of Texas, all of its rights, title and interests in and to the following described real property situated in Jefferson County, Texas, to -wit: Being a part of Lots Two (2) and Seven (7), Block Sixteen (16), Range E of the Port Arthur Land Company subdivision, and being more fully described by metes and bounds as follows: BEGINNING at the Southeast corner of the Joseph Turner Survey; THENCE Northerly 311 feet with the East line of said Turner Survey; THENCE North 140 feet 88 58 Min. East to the West line of Gage Street; THENCE South 311 feet 1 02 min. /West with the West line of said Gage Street; THENCE South 140 feet 88 58 min. West to point of beginning, and containing one acre of land TO HAVE AND TO HOLD all of its right, title, and interest in and to the above described property and premises unto the said Grantee, its successors and assigns forever, so that ' neither Grantor's successors, legal representatives, or assigns shall have, claim, or demand any right or title to the aforesaid property, premises, or appurtenances or any part thereof. This transfer shall be effective October 14, 1986. EXECUTED this day of August, 1996. P.A.T.C.H. OF JEFFERSON COUNTY By: Its THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared to P.A.T.C.H. of Jefferson County, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND OFFICE on this the _ day of August, 1996. Notary Public, State of Texas ACCEPTED BY: CITY OF NEDERLAND ' LaDonna Floyd, City Secretary ` Homer Nagel, Ma or L7 City of Nederland U4 SPECIAL MEETING OF THE CITY COUNCIL OF THE , CITY OF NEDERLAND 10:30 a.m. August 19, 1996 MEETING The meeting was called to order at 10:30 a.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the meeting of August 12, 1996 as written. All Voted Aye. RESOLUTION Andre' Wimer, City Manager, explained that the Lower Neches Valley Authority requested that a resolution for a voluntary water conservation plan be adopted by all municipalities in order to assist LNVA in obtaining a permit to continue releasing water from Sam Rayburn Reservoir if the level falls to 149 feet msl. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1996 -24, informing citizens of Nederland of low water levels at Sam Rayburn Reservoir and initiating certain water conservation measures. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, reported that the remediation work at the CATION Warehouse was started today. The City Manager stated that he would like to have a ribbon cutting for the new deck at Doornbos Park as soon as it is complete. Mr. Wimer informed the Council that the driveway program details are being worked on and it should appear on the next agenda for their approval. He added that the proposed plan for licensing employees for the Water and Wastewater Treatment Plants will also be on the next agenda. Councilman Nugent asked if the telephone situation has been resolved at the Recreation Center in order for the Jefferson County Election Officials to have phone service during the upcoming election. Mr. Wimer stated that Jim Weaver, Parks and Recreation Director, is working on the problem. Minutes continued, August 19, 1996 Councilman Daughtry suggested that the City, in conjunction with the Chamber of Commerce, have some kind of special recognition for the area baseball all star teams who have advanced to tournaments from State to World Series. He added that he would like to see the community as a whole recognize these young people. The City Manager directed the City Secretary to contact the Chamber regarding this matter. ADJOURN There being no further business the meeting was adjourned at 11:25 a. m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Se retary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 225 � R.!,. . CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official ,✓ Jim Weaver Parks Director f Victoria Klehn Librarian / � a Mayor Wa i A Seoti�cretary �_(9- Date 1 RESOLUTION 1996 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND INFORMING THE CITIZENS OF NEDERLAND OF LOW WATER LEVELS AT SAM ' RAYBURN RESERVOIR AND INITIATING CERTAIN WATER CONSERVATION MEASURES. WHEREAS, the surface elevation of Sam Rayburn Reservoir has fallen to a record low level. As of August 13, 1996, the water surface was at 150.94 feet above mean sea level, down from its design elevation of 164.4 ft. msl. The reservoir has reached this level because of extreme drought conditions in East Texas, compounded by high evaporation rates and heavy uses by cities, industries and irrigators; and 1 WHEREAS, the Lower Neches Valley Authority C'LNVA') is the principal distributor of fresh surface water in the lower Neches Basin and owns State certified rights to the use of essentially the entire dependable yield of Sam Rayburn Reservoir. LNVA is the local financial sponsor ofthe reservoir. Its water rights apply to water stored in the power pool, that area between 164.4 fl. and 149.0 ft. ms]. Because drought conditions have caused depletion of the power pool, the LNVA is seeking amendment of its Certificate of Water Rights to authorize the granting of a temporary permit to withdraw water from the underlying dead storage pool in the event that surface elevation of the reservoir falls below 149.0 ft. nisi. At that elevation, there are still approximately 1.45 million acre feet of water remaining in the underlying dead storage pool; and WHEREAS, approval of the permit application to continue withdrawal from dead storage is conditioned upon assurances that, 1) the water will be used for municipal and /or industrial purposes; 2) it is required on an emergency basis; and, 3) it will be available only for uses adhering to rigid principles of conservation. The LNVA has, for the past several months, administered a program which has resulted in conservation of over 450,000 acre feet of water through a system of concentrated systems maintenance, removal of water - depleting vegetation from its delivery system, close supervision of water deliveries, and installation of temporary saltwater barriers. The latter structures permit the retention of freshwater customarily released from reservoir storage for the purpose offlushing encroaching saltwater away from the intakes of lower Neches Basin freshwater users. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TILE CITY OF NEDERLAND, TEXAS: That the City inform the public through the news media that a trigger condition has been reached and that the water users should look for ways to voluntarily reduce water use. Specific ways which can be taken will be provided through the news media. That the City notify major water users of the situation and request voluntary water use reductions. That the City advertise through the news media a voluntary daily lawn watering schedule. This schedule shall allow for even numbered addresses to water on even numbered days and odd numbered addresses to water on odd numbered days. That the City increase water leak repair efforts by City crews such that these situations receive the highest priority. PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland this day of �lt c y , 1996. ATTEST: VLa.nna � Floyd, City Secr/ retary CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor 228 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. August 26, 1996 MEETING The meeting was called to order at 6:10 p.m. by Mayor ProTem Sawyer at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the minutes of the August 19, 1996 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve a Proclamation declaring August 26 -30, 1996 as "Nederland Babe Ruth 13 -year old World Series Champions Week" in Nederland, Texas. All Voted Aye. I RESOLUTION Don McFarlin, Southwestern Bell Telephone Company, asked the Council to approve a Resolution supporting a petition for extended area service. He added that this calling area would include 21 telephone exchanges in Jefferson, Orange, Hardin and a portion of Jasper Counties. The ballots will be mailed to customers in October and if it is approved each telephone customer in the calling area will be billed an additional $3.50 per month. Mr. McFarlin stated that in order to implement the EAS, 70% of the customers must approve it. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Nugent to approve Resolution 1996 -25, supporting a petition for extended area service of the local telephone system. All Voted Aye. DEVELOPMENT A motion was made by Mayor ProTem Sawyer and seconded by Councilman Radcliff to approve the replat of Lots 1 -5, Block 2, Tract 1 -A, Nelson Addition as recommended by the Planning and Zoning Commission. All Voted Aye. Andre' Wimer, City Manager, informed the Council that the Planning and , Zoning Commission met on August 19, 1996 at which time they approved a replat of a portion of Tract 2 of Lot 3, Block 17, Range H, PALCO. This 2 LJ'9 Minutes continued, August 26, 1996 property is located behind 2304 Helena and will be accessed by a 20' easement ' with no street frontage and, therefore, will necessitate an ingress /egress. Mr. Wimer added that Steve Hamilton, Director of Public Works, has included plat notes stating that all water and sewer lines will need to be ran (at the owners expense) to Helena and that due to the nature of the access road garbage service will also be provided on Helena. Rod Hatch, Building Official, added that the Zoning Board of Appeals will meet on August 28, 1996 to consider a request by the owners to obtain a variance to the 60' minimum street width as required by the subdivision ordinance. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Daughtry to postpone approving the replat of a portion of Tract 2 of Lot 3, Block 17, Range H, PALCO until the Zoning Board of Appeals makes a decision on the variance request. All Voted Aye. DRIVEWAY Andre' Wimer, City Manager, explained the guidelines of the proposed PROGRAM driveway program which was approved in the FY 96 -97 budget. He stated that staff has recommended that the start date to receive requests for driveway ' improvements be 8:30 a.m. on October 7, 1996. Once the list has been compiled, staff will prepare cost estimates and request that payment be made within ten (10) working days in order to insure that their driveway will be asphalted. Staff has also proposed that the City place an advertisement in the newspaper prior to October 7th to notify residents of the program. The driveway work will be done on a first come, first served basis. The condition of the base will be the responsibility of the property owners and if it does not meet minimum requirements they will be informed at the time of measurement. POLICIES AND A motion was made by Councilman Nugent and seconded by Mayor ProTem PROCEDURES Sawyer to approve a Water and Wastewater Licensing Program for the City of Nederland. All Voted Aye. AUDITOR A motion was made by Mayor ProTem Sawyer and seconded by Councilman Radcliff to appoint Holliday, Lemons, Thomas & Cox, P.C., Texarkana, as the auditing firm to perform the City's audit for fiscal year 1995 -1996. All Voted Aye. BIDS A motion was made by Councilman Daughtry and seconded by Mayor ProTem Sawyer to award bids received for a skid steer loader for the Water and Wastewater Departments to Gaedke Equipment Company, Houston, TX, in the amount of $19,500.00. All Voted Aye. 230 Minutes continued, August 26, 1996 PAYMENTS A motion was made by Mayor ProTem Sawyer and seconded by Councilman ' Nugent to authorize payment to Tischler/Kocurek in the amount of $2,525.00 for engineering services associated with the wastewater system improvements. All Voted Aye. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Daughtry to authorize payment to KSA Engineers, Inc. in the amount of $633.64, Water Treatment Plant, construction phase. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to KSA Engineers, Inc. in the amount of $2,175.56, Water Treatment Plant, operational phase. All Voted Aye. A motion was made by Mayor ProTem Sawyer and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $21,198.50, wastewater system improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor ProTem Sawyer to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,233.80 for surveying services in connection with the Community Development Block Grant (Hillcrest Terrace). All Voted Aye. EXECUTIVE A motion was made by Mayor ProTem Sawyer and seconded by Councilman , SESSION Nugent to postpone the Executive Session. All Voted Aye. COMMUNI- Andre' Wimer, City Manager, confirmed that TCI Cablevision will be adding CATION the new FOX Network 24 hour news network to this service area at no additional charge. Mr. Wimer explained that the water tank inspection is being held up due to the high ground water. It will continue as soon as possible. The City Manager stated that the library is proposing a new policy to allow for patrons to check out the CD ROM collection. This policy, along with an amendment to the library fee ordinance to include the CD ROM, will appear on the next agenda. Mr. Wimer informed the Council that due to consistent problems with the tractor the Parks and Recreation Department will probably be asking to receive bids to purchase a new one. He added that the tractor is over 20 years old. I Minutes continued, August 26, 1996 ADJOURN There being no further business the meeting was adjourned at 7:20 p.m. by Mayor ProTem Robert Sawyer, ATTEST: C L onna Floyd� , C� ity Secretary City of Nederland, Texas 1 1 Robert Sawyer, Mayor ProTp City of Nederland, Texas 23 4.4 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Vz Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director / Victoria Mehn Librarian Mayor Pre firm � Crty �ecretary Date 1 fi CITY OF NEDERLAND "PROGRAMMED PROGRESS` Mid - Jefferson County, Texas Offir? of f4jr CAHRor 9,Jl o- <, ' C orue 4l/- aul1wrily veiled in me ae Mayor 41/m lil y o/ nJ..' do 1.4y Proclaim Ay".4l26 -30, 1996 A, / /er�erCwuL O�c�ie Pul�, 13- year -o4l Wore[ Seriee Cl.pione W.L in 11ce City ol llecLrlccnd, 5exa3, and urge eacli and every l,ilizen onl our gnl� City fo recognize unJconyralulale 1/- 1996 //e( cler .112a1e P.14 13- year -oG1.� #Saar, w1�io, aller winning l%w dale sand kvVional lournamenh, competed in IL n/ .lionaC Rabe kull, Ulorlcl Seriee in 2icknjon, n, C and emerged ae t1w UVor(c( Seriee CL,o,pion, ! Jeam members include: MMa ll%ew , -4, Lm M .11,, ���iris guy, Steven Young, krya�nnnn1bere, Sean Yoc�er,nnanodepl, kanrwin, ppC -11l �eee�c4, C 4. //V��V�iit ., !Y'i 1. Montoya, K,yan 44, ,,rrl Ylic�gqi . t iilllcl'ce//ll, /Jim _J/1..peon, (/3rian Pomero y, and alm Mann; and coac{i.ei rcke —and, oCeona- kanwin, )"Y S'1.4y, uzul12arry Sicily. n / M p 9n leelimamj w�tereo� wit.,, rmj �urJ ant &aC 4il. lily o/ //ec%rl a d i4ia 1tie 2611i J. o1J1u$uel, 1996,-4.-'b. ' -J omer e. r/ayel, Major AUee 1: oCa' ` nna Jloy.I, dly &crelarY Z'J 4 1 CITY OF NEDERLAND RESOLUTION 1996 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUPPORTING A PETITION FOR EXTENDED AREA SERVICE ( "EAS ") OF THE LOCAL TELEPHONE SYSTEM. WHEREAS, the City of Nederland, Texas fully supports a petition for extended area service ( "EAS ") as set forth in the proposed joint agreement and strongly urges the Public Utility Commission to approve the joint agreement; NOW, THEREFORE, BE IT RESOLVED that Don Kelley, Executive Director of the South East Texas Regional Planning Commission is hereby designated to represent the above named city and any affected exchange therein in all proceedings concerning the petition for EAS. ' PASSED AND APPROVED this the Rc day of dt t 1996. obert D. Sawyer, ` ayor P o Tem City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes-, Ci Attorney , City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 9, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the August 26, 1996 meeting as written. All Voted Aye. PLANNING AND Andre' Wimer, City Manager, reminded Council that at the last meeting the ZONING replat of Lot 3, Block 17, Range H, Tract 1 & 2, PALCO was postponed until COMMISSION the Zoning Board of Appeals ruled on the requested variance to the required 60' minimum width of right -of -way. The owners are asking for a 30' wide ingress /egress. He added that the Zoning Board did grant the variance and the Planning and Zoning Commission is recommending that the replat be approved with four plat notes added. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve the replat of Lot 3, Block 17, Range H, Tract 1 & 2, PALCO to include the following plat notes: 1. Connection to the City of Nederland water and wastewater systems will be at the right -of -way of Helena Avenue. The City will provide taps at this location for both tracts. Maintenance and repair of the water and sewer service lines from Helena Avenue to each residence shall be the sole responsibility of the property owners served by these lines. The City will be responsible for the service lines within the Helena Avenue right -of -way only; 2. Solid waste (garbage, dry trash and curbside recycling) will be provided on Helena Avenue at the intersection of the access easement to the tracts; 3. The fire hydrant is on private property and will be maintained by the owners of the two tracts. The Nederland Fire/Rescue Department will provide regular testing of the hydrant and make the results available to the property owners. The hydrant is for the use of the City of Nederland only. Any use of the hydrant and the water from it, by private citizens, without prior arrangements with the City, is prohibited. Maintenance and repair of the fire hydrant and the service line leading to it shall be the responsibility of the property owners; and, 4. The ingress /egress and any utility easements on this plat are solely for the use of the property owners and are not public easements. All Voted Aye. 23!, 236 Minutes continued, September 9, 1996 CITIZEN Mrs. Albert Barker, 512 South 7th Street, asked to address Council relative COMMENTS to her driveway. I WATER Ricky Bourque, Schaumburg & Polk, Inc., reviewed the proposed Water CONSERVATION Conservation Plan which is required in order for the City to be eligible for PLAN funding from the State Revolving Fund through the Texas Water Development Board. The two main divisions of the program are: 1. a water conservation plan to reduce water usage on a year -round basis; and, 2. a drought contingency plan to minimize hardship during a water shortage. Mr. Bourque stated that the plan will contain several items that the City will need to address - educate the public; establish a water rate structure; universal metering and meter testing; leak detection and repair; implementation and enforcement; review and evaluation of plan annually; amend plumbing codes; and, adopt ordinances and resolutions implementing the plant. INVESTMENT Andre' Wimer, City Manager, informed the Council that the Public Funds REPORT Investment Act requires a quarterly investment report be submitted to the governing body. Cheryl Dowden, City Treasurer, gave a brief overview of the Quarterly , Investment Report (see attached) for the quarter ending June 30, 1996. She added that the anticipated interest earnings for the year should be approximately $400,000. POLICIES AND Andre' Wimer, City Manager, stated that the Public Funds Investment Act also PROCEDURES requires that the governing body of a political subdivision review their Investment Policy annually. He stated that staff is recommending no changes to the current policy. Ms. Dowden added that the policy is very conservative with all necessary safeguard measures. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a CD -ROM policy for the D. Bob Henson Memorial Library. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve an Amendment to Ordinance No. 1996 -02, library fees, to incorporate the fees for CD -ROM circulations. All Voted Aye. APPLICATION Andre' Wimer, City Manager, explained that the application with American ' Family Life Assurance Company is necessary in order for them to administer the City's cafeteria plan at no cost to the City. This will allow for insurance premiums to be deducted from payroll checks prior to taxes. Minutes continued, September 9, 1996 A motion was made by Councilman Sawyer and seconded by Mayor Nagel to ' approve the American Family Life Assurance Company (AFLAC) application. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for a tractor for the Parks and Recreation Department. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve payment of the bills for the month of August, 1996. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to SESSION postpone the Executive Session. All Voted Aye. COMMENTS Andre' Wimer, City Manager, reported that the heating and air conditioning equipment began arriving last week and the installation should begin soon. ' Mr. Wimer informed the Council that he received a letter from the Texas Water Development Board stating that they have received our application for funding for the drainage study. They indicated the study was eligible for funding and the ratings will be performed soon. The City Manager stated the letters to all Nederland residents concerning solid waste collection procedures was mailed Friday. Mr. Wimer reported that the curtain to be placed between the Council table and the Conference Room should arrive within the next few days and will be installed as soon as possible. Mayor Nagel discussed some of the problems associated with the heavy rains of last Friday and today. He talked with Drainage District No. 7 and they indicated that the pumps were operating all day today, but some areas were still experiencing high water. Councilman Sawyer inquired into the status of the gradeall and asked if a new one has been budgeted. Mr. Wimer responded that we are waiting on parts to be made for the one we currently have, and that a new one was approved ' in the upcoming budget. Councilman Daughtry reported that there are many culverts throughout the City that are in need of cleaning, as well as the larger ones on Hwy. 69. -39 Minutes continued, September 9, 1996 ADJOURN There being no further business the meeting was adjourned at 7:25 p.m. by I Mayor Nagel. ATTEST: LaDonna Floyd, City Se retary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 239 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present A hePnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 V., Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief v� Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian z v Mayor City Secretary 1 R -9LQ Date 240 Investment Report For the Quarter Ending June 30, 1996 Homer E. Nagel, Mayor Robert Sawyer, Mayor Pro tem Mike Radcliff, Councilma R. A. "Dick" Nugent, Councilma Joe Daughtry, Councilma Andre' Wimer, City Mana¢er This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code) which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland /,-/, --z Andre' Wimer, City Manager Cheryl l5owden, City Treasurer P.O. Box 967 Nederland, Texas 77627 Phone (409) 723 -1503 FAX (409) 723 -1550 1 1 241 Page 2 ' City of Nederland Investment Report Schedule Certificates of Deposit Held at June 30, 1996 Certificate Purchase Maturity Days to Interest Interest Number Date Date be held Rate Face Amount Amount Maturity Value 615281 04/16/96 01/06/97 265 5.0700% 100,000.00 3,680.96 103,680.96 604681 03/11/96 01/07/97 302 5.0700% 100,000.00 4,194.90 104,194.90 604781 03/13/96 02/05/97 329 5.1000% 200,000.00 9,193.97 209,193.97 604684 03/08/96 03/03/97 360 4.8600% 100,000.00 4,793.42 104,793.42 604683 03/08/96 03/03/97 360 4.8600% 151,767.95 7,274.88 159,042.83 608951 04/01/96 03/05/97 338 5.1000% 100,000.00 4,722.74 104,722.74 612893 04/12/96 03/05/97 327 5.2700% 100,000.00 4,721.34 104,721.34 609562 04/03/96 03/06/97 337 5.0900% 100,000.00 4,699.53 104,699.53 609566 04/03/96 03/06/97 337 5.0900% 280,000.00 13,158.70 293,158.70 610350 04/05/96 03/31/97 360 5.1700% 50,000.00 2,549.59 52,549.59 610353 04/05/96 03/31/97 360 5.1700% 200,000.00 10,198.36 210,198.36 610236 04/05/96 03/31/97 360 5.1700% 50,000.00 2,549.59 52,549.59 610339 04/05/96 03/31/97 360 5.1700% 100,000.00 5,099.18 105,099.18 04/08/96 03/31/97 357 5.3100% 15,000.00 779.04 15,779.04 '611081 611083 04/08/96 03/31/97 357 5.3100% 100,000.00 5,193.62 105,193.62 611288 04/09/96 04/02/97 358 5.3400% 500,000.00 26,187.95 526,187.95 617827 05/01/96 04/29/97 363 5.3000% 525,000.00 27,672.53 552,672.53 619165 05/09/96 04/30/97 356 5.3300% 100,000.00 5,198.58 105,198.58 622744 05/29/96 05/27/97 363 5.3100% 100,000.00 5,280.90 105,280.90 623216 06/03/96 05/28/97 359 5.7400% 100,000.00 5,645.64 105,645.64 Total $7,644,925.03 $236,270.48 $7,881,195.51 1 242 ' GCI��,Kda �r� -#-, 6(4 CD -ROM CIRCULATION POLICY 1 1. CD -ROMs are shelved behind the circulation desk. 2. Borrowers must have a valid library card. 3. Patron must be 18 years of age or older to be eligible to check out CD -ROMs. 4. Borrowers must sign a lending agreement that: a. provides the library and the borrower with a record of what is out; b. reinforces the borrower's responsibility for the items checked out; and c. reinforces the copyright restriction on copying software. 5. Borrowers are limited to two items at a time for a period of one week. 6. Since the size of the collection is small, reserves and renewals are not allowed. 7. The overdue charge is 52.00 per day per item with no limit. S. DO NOT RETURN CD -ROMS IN THE BOOK DROP. A S2.00 fine will be accessed for each CD -ROM placed in the book drop. 9. The patron will be charged as follows for lost or damaged items. In a multi -part CD -ROM title, the patron will ' be charged the full amount regardless of how many parts of the set are damaged. a. replacement cost and processing fee for damaged items b. replacement cost, processing fee, cost of jewel cases and albums for lost items C. if the price of the product in unlmowa, the charge will be $75.00 (which includes documentation, jewel cases, and albums) plus a processing fee d. damage to only jewel cases: $2.00 e. damage to only albums: $10.00 10. A sheet to report trouble or problems with a program will be included with each CD -ROM at the time of checkout. CD -ROM DISCLAIMER D. Bob Henson Memorial Library accepts no responsibility for damage to personal computer equipment or software caused by the use of library materials. Library patrons are advised that some CD -ROM products, during installation or use, automatically load software or alter existing software. Library patrons should consider backing up system and other files before using the CD -ROM software. Manuals or instruction sheets, written by the software publisher, accompany each CD -ROM title. The library • does not provide technical assistance for hardware or software due to the variety of system configurations. Some retailers and publishers provide telephone and other support for troubleshooting. 1 [7 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 1996 Investments at Beginning of Period (4 -1 -96) Purchases Maturities Investments at End of Period (6- 30 -96) $7,745,064.38 6,878,152.57 6,978,291.92 $7,644,925.03 Maturity Summary at June 30, 1996 (38.4 %) 3 to 6 months - (7.8 %) Less than 3 months (14.8 %) 6 to 9 months (39.0 %) 9 to 12 months Fund Allocation at June 30, 1996 (24.7 %) Water 8 Sewer Fund _ (27.6 %) General Fund (3.6 0 /o) Solid Waste Fund (11.0 %) Economic Development Fund (4.6 %) Bond Fund (5.7'1)/8o TP9e empbon and (21.9 %) Capital Outlay Fund 248, Balance @ Balance @ 4 -1 -96 Purchases Maturities 6 -30 -96 General Fund 1,858,320.60 1,300,000.00 1,058,320.60 2,100,000.00 Water & Sewer Fund 1,781,767.95 1,350,000.00 1,250,000.00 1,881,767.95 Solid Waste Fund 275,000.00 150,000.00 150,000.00 275,000.00 Bond Fund 890,000.00 1,350,000.00 1,890,000.00 350,000.00 Capital Outlay Fund 1,670,000.00 1,370,000.00 1,370,000.00 1,670,000.00 Bond Redemption Fund 281,000.00 430,000.00 281,000.00 430,000.00 Police Narcotics Fund 62,291.92 63,152.57 62,291.92 63,152.57 Economic Development Fund 841,679.40 840,000.00 841,679.40 840,000.00 Library Fund 85,004.51 25,000.00 75,000.00 35,004.51 7,745,064.38 6,878,152.57 6,978,291.92 7,644,925.03 Fund Allocation at June 30, 1996 (24.7 %) Water 8 Sewer Fund _ (27.6 %) General Fund (3.6 0 /o) Solid Waste Fund (11.0 %) Economic Development Fund (4.6 %) Bond Fund (5.7'1)/8o TP9e empbon and (21.9 %) Capital Outlay Fund 248, 244 City of Nederland Investment Report Schedule Certificates of Deposit Held at June 30, 1996 Page 1 Certificate Purchase Maturity Days to Interest Interest Number Date Date be held Rate Face Amount Amount Maturity Value 604678 03/11/96 07/03/96 114 4.9000% 100,000.00 1,530.41 101,530.41 593580 01/24/96 07/05/96 163 4.9200% 300,000.00 6,591.45 306,591.45 597263 02/08/96 07/05/96 148 4.7500% 100,000.00 1,926.03 101,926.03 597260 02/08/96 07/05/96 148 4.7500% 80,000.00 1,540.82 81,540.82 603289 03/06/96 07/05/96 121 4.7800% 100,000.00 1,584.60 101,584.60 603287 03/06/96 07/05/96 121 4.7800% 50,000.00 792.30 50,792.30 615259 04/17/96 07/24/96 98 4.8500% 25,000.00 325.55 25,325.55 627460 06/24/96 07/26/96 32 4.7700% 150,000.00 627.29 150,627.29 627461 06/24/96 07/26/96 32 4.7700% 200,000.00 836.38 200,836.38 627458 06/25/96 07/27/96 32 4.8200% 100,000.00 422.58 100,422.58 586016 12/26/95 07/29/96 216 5.0400% 100,000.00 2,982.58 102,982.58 627459 06/25/96 07/29/96 34 4.8200% 100,000.00 448.99 100,448.99 617841 05/01/96 07/31/96 91 4.9900% 100,000.00 1,244.08 101,244.08 596743 02/07/96 08/07/96 182 4.7500% 200,000.00 4,736.99 204,736.99 596749 02/07/96 08/07/96 182 4.7500% 100,000.00 2,368.49 102,368.49 611049 04/08/96 08/19/96 133 5.0700% 442,000.00 8,165.62 450,165.62 611082 04/08/96 08/19/96 133 5.0700% 10,000.00 184.74 10,184.74 615285 04/16/96 08/19/96 125 4.9300% 26,000.00 438.97 26,438.97 615282 04/16/96 08/19/96 125 4.9300% 100,000.00 1,688.36 101,688.36 622960 05/28/96 08/19/96 83 5.0200% 50,000.00 570.77 50,570.77 617830 05/01/96 08/20/96 111 5.0100% 55,000.00 837.97 55,837.97 617832 05/01/96 08/20/96 111 5.0100% 100,000.00 1,523.59 101,523.59 617835 05/01/96 08/20/96 111 5.0100% 100,000.00 1,523.59 101,523.59 619166 05/08/96 08/21/96 105 5.0000% 100,000.00 1,438.36 101,438.36 619183 05/08/96 08/21/96 105 5.0000% 100,000.00 1,438.36 101,438.36 603286 03/06/96 09/03/96 181 4.8000% 100,000.00 2,380.27 102,380.27 612910 04/12/96 09/04/96 145 5.0300% 149,000.00 2,977.35 151,977.35 612985 04/12/96 09/04/96 145 5.0300% 398,000.00 7,952.91 405,952.91 617839 05/01/96 09/04/96 126 5.0200% 200,000.00 3,465.86 203,465.86 604685 03/08/96 09/16/96 192 4.8400% 100,000.00 2,545.97 102,545.97 615284 04/16/96 09/16/96 153 4.9700% 100,000.00 2,083.32 102,083.32 604686 03/08/96 10/15/96 221 4.8400% 75,000.00 2,197.89 77,197.89 622887 05/28/96 10/15/96 140 5.0600% 100,000.00 1,940.82 101,940.82 617812 05/02/96 10/30/96 181 5.0600% 23,152.57 580.95 23,733.52 617838 05/01/96 11/13/96 196 5.0900% 100,000.00 2,733.26 102,733.26 623223 06/04/96 11/21/96 170 5.3600% 100,000.00 2,496.44 102,496.44 622987 05/28/96 11/26/96 182 5.1000% 100,000.00 2,543.01 102,543.01 622975 05/28/96 11/26/96 182 5.1000% 30,000.00 762.90 30,762.90 622726 05/29/96 11/27/96 182 5.1000% 100,000.00 2,543.01 102,543.01 2580086 01/02/96 01/01/97 365 5.0200% 10,004.51 502.23 10,506.74 1 LJ 1 2i5. ' AN AMENDMENT TO ORDINANCE NO. 1996 -02 AN AMENDMENT TO CITY OF NEDERLAND ORDINANCE ESTABLISHING A FEE SCHEDULE INCLUDING OVERDUE FINES, LOST AND DAMAGE FEES, PROCESSING FEES, MISCELLANEOUS FEES, AND ADDING CD -ROM FEES FOR THE D. BOB HENSON MEMORIAL LIBRARY AS SHOWN IN EXHIBIT "B" ATTACHED. WHEREAS, the City Council ofthe City of Nederland has been presented a schedule of fees for the D. Bob Henson Memorial Library for its acceptance and adoption, including a fee schedule for overdue fines, lost and damage fees, processing fees, miscellaneous fees, and to include CD -ROM circulation fees; WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the D. Bob Henson Memorial Library as shown in Exhibit "B" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the schedule of fees for the D. Bob Henson Memorial Library as shown in Exhibit `B" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this amendment shall take effect and be in force from and after its passage. PASSED AND APPROVED this the j_ day of &,d, AA , 1996. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: AErl �ira� ��� -�'l Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City ttorney City of Nederland, Texas 246' D. BOB HENSON MEMORIAL LIBRARY FEESCHEDULE (revised 9/96) 1 ITEM OVERDUE FINES LOST OR DAMAGED FEE * PROCESSING FEE Books, adult $0.10 /day $25.00 $0.25 $5.00 Books,juvenile $0.10 /day $15.00 $5.00 Paperbacks, uncataloged $0.10 /day $5.00 $1.00 Books on tape, adult $0.10 /day $20.00 $5.00 Books on tape, juvenile $0.10 /day $15.00 $5.00 Videotapes $1.00 /day $35.00 $5.00 Cassette kits $0.10 /day $10.00 $3.00 Periodicals $0.10 /day $3.00 $1.00 Art prints $1.00 /day $75.00 CD -ROM $2.00 /day $75.00 $5.00 MISCELLANEOUS ITEMS Video case $0.50 Cassette kit bag $0.50 Barcode $0.50 Jewel case $2.00 CD -ROM album $10.00 if the cost of the item is known, it will be assessed. MISCELLANEOUS FEES ITEM FEE Lost borrowers cards $3.00 Photocopies $0.15 Microfilm copies $0.25 Computer printouts first 10 free, thereafter $0.15 Non - resident fee (does not apply to city employees, NISD students, or NISD teachers) $25.00 Video or CD -ROM returned in book drop $2.00 EXHIBIT "B" 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 23, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the September 9, 1996 meeting as written. All Voted Aye. SERVICE Mayor Nagel presented retiree James Boulet with a watch for 25 years of AWARD dedicated service to the City. Mayor Nagel, on behalf of the Council, staff, and citizens thanked Mr. Boulet for the many years of dedication to the City and wished him well in his retirement. Mr. Boulet thanked the Mayor and Council for the watch and added that he has enjoyed his employment with the City. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 155, water and sewer rates, increasing the sewer rates by $.25/1,000 gallons. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1996 -07, requiring customer service inspection of certain new construction as required by the TNRCC. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution No. 1996 -26, adopting a flexible benefits plan contingent upon approval of staff and legal counsel. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution No. 1996 -27, adopting a health insurance policy for retirees. All Voted Aye. 241' 248 Minutes continued, September 23, 1996 POLICIES AND A motion was made by Councilman Nugent and seconded by Councilman PROCEDURES Radcliff to approve an amendment to the Wage and Salary Classification Plan to create certificate pay for Class II Wastewater Collection System Operator's Certificate in the amount of $35.00/month. All Voted Aye. CONTRACT Andre' Wimer, City Manager, informed the Council that the collective bargaining contract was not approved by the members of the International Association of Fire Fighters, Local 3339. He added that apparently they had a concern with three areas of the proposed contract - second year of contract pay increase was not a specified amount (City offered same as all non - bargaining employees would receive); they would not approve the Substance Abuse Policy and offered no reason; and, they felt they should not respond to fires outside the City limits. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone approving a contract between the City of Nederland and the International Association of Fire Fighters, Local 3339. All Voted Aye. STREET A motion was made by Mayor Nagel and seconded by Councilman Nugent to CLOSING authorize the closing of 14th Street, from Boston Avenue to the alley behind the Fire Station on October 8, 1996 from 5:30 p.m. until 8:30 p.m. for Fire Prevention Week activities. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the closing of 17th Street from Atlanta Avenue to Detroit Avenue and 21 st Street from Atlanta Avenue to Detroit Avenue on October 8, 1996 from 7:00 p.m. until 9:00 p.m. for Nederland High School Homecoming activities. All Voted Aye. BUDGET A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve amendments to the 1995 -1996 budget (see attached). All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1996 -08, amending the 1995 -1996 budget. All Voted Aye. WAIVER Andre' Wimer, City Manager, stated that the Jefferson County Tax Office is requesting that the penalty and interest on tax account 000560- 002200 be waived due to an error by the Jefferson County Appraisal District. Minutes continued, September 23, 1996 A motion was made by Councilman Sawyer and seconded by Councilman Nugent to waive the penalty and interest on tax account 000560 - 002200. All Voted Aye. LIEN The City Manager stated that Mr. Vince Oliva purchased property described as Lot 9, Block 7, Tracts 9 and 10, Hillcrest Addition in May, 1995 and the City mailed a notice to cut the grass in June, 1995. The notice was mailed to the previous owner, therefore, Mr. Oliva never received any notices from the City and is requesting the lien be released. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize the release of lien on property described as Lot 9, Block 7, Tracts 9 and 10, Hillcrest Addition. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $3,606.04 for engineering services associated with the wastewater system improvements project. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to KSA Engineers, Inc. in the amount of $1,169.16 for engineering services associated with the Water Treatment Plant, operational phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to KSA Engineers, Inc. in the amount of $235.16 for engineering services associated with the Water Treatment Plant, construction phase. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:18 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss pending litigation - Robert Miller vs. City of Nederland, and Helen Serres vs. City of Nederland; and, Chapter 551.072, discuss acquisition, exchange, and/or release of property. RECONVENE The regular meeting was reconvened at 8:02 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 249 250F Minutes continued, September 23, 1996 COMMENTS Andre' Wimer, City Manager, reported that the Texas Water Development Board did approve the City's application for the State Revolving Fund in the amount of $12,500,000. Mr. Wimer stated that the contract from the Texas Department of Housing and Community Affairs for the CDBG for Wagner Addition has been received. The City Manager informed the Council that the City received a verbal notice that the Key Rate for Nederland will drop to 20. He gave credit to the Fire Department and Water System for this improved rating. ADJOURN There being no further business the meeting was adjourned at 8:10 p.m. by Mayor Nagel. Homer Nagel, Mayor City of Nederland, Texas ATTEST: I lab81ma Floyd, City SLretary City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahcnnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward I Joe Daughtry Councilman Ward 2 ✓ Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official ✓ Jim Weaver Parks Director Victoria Klehn Librarian V z� Mayor City Secretary Date 25.E 252 AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE AMENDING FAIR AND STANDARD WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, SEWER AND WATER LINE MAINTENANCE FEES, TRASH REMOVAL RATES AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for sewer services now being charged by the City of Nederland, Texas, inside the city limits and outside the City limits. I. Inside Outside Residential and Commercial: City City First 2,000 Gallons (Minimum) $ 6.50 $ 10.50 All over 2,000 Gallons (per M)* 2.00 3.75 Water line maintenance (per M) .25 .25 *All apartment complexes computed at 95% capacity. *or as required by provisions of outside City contracts. *gFWFR RLTFq L ** Residential (per month) 2,000 minimum $ 7.70 $ 13.40 All over 2,000 Gallons .90 1.55 Commercial (per month) 2,000 minimum 7.70 13.40 All over 2,000 Gallons (per M) .90 1.55 Sewer line maintenance (per M) .25 .25 *Or as required by provisions of outside City contracts. WATER CONNECTION FEES 3/4" Meter (Sewer Usage Discount) ** $ 100.00 $ 150.00 3/4" Water Tap 240.00 360.00 1" Water Tap 300.00 450.00 1 1/2" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap Material Cost + 20% * *Upon request, the City will install a 3/4" meter to adjust sewer usage for water used other than normal. *SEWER CONNECTION FEES Residences - 4" Sewer Tap $ 200.00 $ 300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 UTILITY COLLECTION POLICY 1. Water bills shall be due fifteen (15) days after the date mailed. If payment is not received by the sixteenth (16) day, a 10% penalty will be assessed. A grace period of up to two days will be granted if the fifteenth (15th) day falls on a weekend, holiday, or any day City Hall is closed. 2. If payment is not received by the next read date, a second bill will be sent for the current reading plus the previous month's bill and the 10% penalty. 3. If payment is not received on the second bill by the end of the fifteen (15) day grace period, service will be disconnected. This gives utility customers a total of forty - five (45) days to reconcile their accounts before service is disconnected. 4. After a customer's service has been disconnected, all past arrears must be paid in full in order to reinstate water service. In addition, there will be a $5.00 turn -on fee for reinstatement during regular working hours (8 :00 a.m. - 5:00 p.m.). If past accounts are settled and turn -on is requested after normal working hours, a $45.00 turn -on fee is assessed to cover overtime for call outs. 5. In regard to temporary turn -ons for customers such as the ones who own rental property, no deposit will be required, but a minimum bill of $28.98 will be assessed in advance and will cover the cost of a temporary turn -on for a period of no longer than two (2) weeks. If the amount of water used exceeds the minimum used during the aforementioned two (2) weeks, then the customer will be billed according to usage. 6. Contracts already in existence will be honored as long as the current water bill is paid in full and some portion of arrears are paid in accordance with the existing contract. 7. Utility customers who pay by check and whose checks are returned NSF will be charged a $25.00 returned check fee. Customers who consistently have checks returned NSF must pay their current and future water bills in cash, certified check, or money order. Utility customers who habitually issue checks that are returned NSF will be disconnected until some sort of arrangements are made with the Water Department. WATER METFR AND GARBAGE CONTAINER DEPOSITS Inside Outside city City Up to 3/4" Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1 1/2" Water Meter 200.00 200.00 1 3/4" Water Meter 250.00 250.00 2" and up Water Meter 300.00 300.00 Additional Garbage Container $ 75.00 Residential Rates (per month) Inside City $ 13.65 + tax Additional Container 5.00 + tax 254 TRASH R .MOVAL RATES Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash during or before a rainstorm to prevent possible flooding. Miscellaneous trash, trees and brush from empty (undeveloped) property must be hauled off by the owner or developer at their expense. The City will serve garbage paying customers only and limit their service to four (4) cubic yards per month. II. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This Ordinance shall take effect October 1, 1996. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this _4,3 day of eia em,/.'u omer Nagel, Mayor City of Nederland, Texas ATTEST: LaDOnana Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. HughesJ City Attorney City of Nederland, Texas 1 1 255 1 ORDINANCE NO. 1996 -07 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND REQUIRING A SERVICE INSPECTION CERTIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION OF THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC), now provide that public water systems must provide that a "customer service inspection certification" shall be completed prior to providing continuous water service to new construction, on any existing service when the water purveyor has reason to believe that cross - connections or other unacceptable plumbing practices exist, or after any material improvement, correction, or addition to the private plumbing facilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: A "Service Inspection Certification" as required by the Texas Natural Resource Conservation Commission (TNRCC) Permanent Volume of Rules, Chapter 290, "Water Hygiene', in the form promulgated by said Rules, shall be completed, at customer's expense, prior to providing ' continuous water service to new construction, on any existing service when the water purveyor has reason to believe that cross - connections or other unacceptable plumbing practices exist, or after any material improvement, correction, or addition to the private plumbing facilities, and filed with Public Works. SECTION 2: If any part of this ordinance is for any reason held to be illegal or unconstitutional, the validity of the remaining portion shall not be affected thereby, it being the express intent that the remaining portion or portions shall remain in full force and effect. SECTION 3: That all ordinances or parts of ordinances or sections of the code or parts of sections of the code in conflict with this section are hereby repealed but only to the extent of the conflict. SECTION 4: It is the intention of the City Council that this ordinance shall become part of the Cody of Ordinances of the City of Nederland and may be codified therein accordingly. SECTION 5: That the penalty 1'or violation of this ordinance shall be the same as provided in Section 1 -4 of the Code of Ordinances of the City of Nederland, Texas. SECTION 6: That this ordinance shall be published by publishing the caption hereof one time in a newspaper of general circulation in the City of Nederland. SECTION 7: This ordinance shall be in effect from and after its passage and publication of the caption only as provided herein. L� 25f) PASSED AND APPROVED by the City Council ofthe City of Nederland this thf .23 day of !JQ p .MI+P , 1996. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: hard D. Hughes, CityAtorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 257 /S/ � .. �^— -C ~ Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney City of Nederland, Texas LJ CITY OF NEDERLAND ' RESOLUTION 1996 -26 A RESOLUTION BY THE CITY COUNCIL ADOPTING A CAFETERIA PLAN FOR THE BENEFIT OF THE CITY OF I NEDERLAND'S ELIGIBLE EMPLOYEES. WHEREAS, the City of Nederland wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the City of Nederland's eligible employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland hereby adopts the flexible benefits plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and policies) for the City of Nederland effective as ofthe date specified in the Adoption Agreement. RESOLVED FURTHER, that the City Manager of the City of Nederland may, without further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable Federal, State, and local law. PASSED AND APPROVED this 013 day of \k1 , 1996. /S/ � .. �^— -C ~ Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att ney City of Nederland, Texas LJ 258 REQUIRED MINIMUM LENGTH OFTIME EMPLOYED WITH CITY OF NEDERLAND 28 yna. of servire; no minimum nge 21 yea. CITY OF NEDERLAND 18.75 y- RESOLUTION 1996 -27 11.25 yoa. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE EXISTING POLICY FOR PAYMENT OF CITY OF NEDERLAND RETIREES HEALTH INSURANCE PREMIUMS WHEREAS, the City Council of the City of Nederland desires to amend the existing policy, which was approved on December 13, 1993 for providing payment of standard group health insurance premiums for retirees; and WHEREAS, the City Council of the City of Nederland desires to adopt guidelines for paying standard group health insurance premiums for its employees who retire after January 1, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS; 1. Employees whose retirement date is effective on or after January 1, 1997 and who meet the minimum work history levels shall be eligible for and covered by this policy setting forth percentage payments of standard group health insurance policy premiums as a retiree. 2. To be eligible for payment of standard group health insurance policy premiums as a retiree, an employee must meet the following criteria: a. The employee must have a retirement date effective on or after January 1, 1997; and b. The employee must be employed by the City of Nederland for a length of time that is equivalent to 75% of their work history at the time of retirement. The Texas Municipal Retirement System (TMRS) currently offers the following retirement options. Therefore, under the provisions of this policy, an employee must be employed by the City of Nederland for the following length of time in order to be eligible for this plan at time of retirement. CURRENT TMRS RETIREMENT 01'rIONS REQUIRED MINIMUM LENGTH OFTIME EMPLOYED WITH CITY OF NEDERLAND 28 yna. of servire; no minimum nge 21 yea. 25 yai. ol'ttrvice, at 1—t 50 y— ofage 18.75 y- 1 S yea. ofa i e; at 1-a 60 ycn or,ge 11.25 yoa. 3. Employees whose retirement date was effective prior to January 1, 1997 will not be affected by this Resolution; the policy in effect at the time of an employee's retirement governs the type of standard group health insurance policy benefits they are eligible to receive. 4. Employees who do not meet the minimum work history levels are not eligible to receive payment of standard group health insurance policy premiums as a retiree. However, such an employee may be eligible to continue participation in standard group health insurance policy coverage at their own expense as permitted by law and as offered by the City's carrier. Effective January 1, 1997, the City shall pay a portion of eligible retirees' monthly standard group health insurance policy premiums based upon the following scale: 1 AGE OF RETIREE PERCENTAGE OF PREMIUM PAID BY CITY PERCENTAGE OF PRE IUM PAID BY RETIREE. 60 10% 90% 61 20% 80% 62 30% 70% 67 40 60% 64 50% 1. 6. Once a retiree reaches age 65, the City will no longer pay any portion of standard group health insurance policy premium costs. 7. Should an employee retire prior to age 60 and remain under the City's standard group health insurance policy through payment of monthly premiums at their own expense, the retired employee will be eligible for the City contributions illustrated above once he /she reaches age 60. If the retired employee drops coverage from the standard group health insurance policy at any time prior to the age of 60, he/she will no longer be eligible to participate in this plan. 8. The payment of any portion of standard group health insurance policy premiums shall be for the retired employee only; any costs associated with the family /dependent Homer E. Nagel, Mayor ATTEST: L�aDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Z,'��� Richard D. Hughes, coverage shall be the sole responsibility of the retiree. 9. The adoption of this Resolution is not intended to confer any property right on a specific class ofemployees, nor does it preclude the City from taking future action to amend or revise its policies pertaining to retired employees, including future action to enhance or negate the payment of standard group health insurance policy premiums. 10. This Resolution shall become effective on January 1, 1997. PASSED AND APPROVED thispj3_ day of s: as U&LlA 1� -1996. CITY OF NEDERLAND, TEXAS Homer E. Nagel, Mayor ATTEST: L�aDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Z,'��� Richard D. Hughes, 1QVv BUDGET AMENDMENT REQUEST Fund General Department Parks & Recreation Increase the following account(s): 6744 Miscellaneous Equipment Decrease the following account(s): 6245 Supplies Buildings and Grounds Justification for amendment with course of action if amendment is not approved: Needed Bush Hoa for Parks maintenance Department Head Requesting amendment l � Date Funds Available: City Treasurer Date Amount 825 Amount 825 Approved: City Manager Date Approved by Council: �— Date i 1 261 BUDGET AMENDMENT REQUEST t nand General Department Finance crease the following account(s): 01 -15 -00 -6393 Contractual Services Amount 6,111.00 Decrease the following account(s): 01 -15 -00 -6115 Extra Help Amount 3,000.00 01 -15 -00 -6311 Auditing & Accounting 1,958.00 01 -15 -00 -6341 Insurance General 919.00 01 -15 -00 -6754 Software Applications 234.00 Justification for amendment with course of action if amendment is not approved: The Appraisal District amended their budget during the year for litigation costs and anticipated moving osts which increased the City's allocation for FYE 95 -96 Department Head Requesting amendment Date Funds Available: City Trea urer Date Appro ed: City Manager Date Approved by Council: Date ?P,') BUDGET AMENDMENT REQUEST Fund General Department Finance Increase the following account(s): 01 -15 -00 -6352 Furniture Fixtures Office Equipment Amount 506.00 ' 01 -15 -00 -6210 General Office Supplies 177.00 Decrease the following account(s): 01 -15 -00 -6743 Furniture, Fixtures, Office Equipment Amount 233.00 01 -15 -00 -6333 Training & Travel 273.00 01 -15 -00 -6111 Overtime 177.00 Justification for amendment with course of action if amendment is not approved: Unanticipated costs to repair computer problems and additional costs incurred to print receipt books ' Department Head Requesting amendment Date Funds Available: City Tr surer Date Approv d: � 1�G City Manager Date Approved by Council: Date 1 CITY OF NEDERLAND OFFICE OF ASSISTANT TO THE CITY MANAGER BUDGET AMENDMENT REQUEST Fund: General Department: Personnel (01 -16) Increase the following account(s): Amount 01 -16 -00 -6743 $922.95 (Capital Outlay - Furniture, Fixtures, Office Equipment) Decrease the following account(s): Amount 01 -16 -00 -6210 $922.95 (Materials & Supplies - General Office Supplies) Justification for amendment with course of action if amendment is not approved: This purchase is for a file cabinet with 6" x 9" drawers, which is an unusual size. This file cabinet will enable the Personnel Office to store all historical and current REQUEST AND AUTHORIZATION LEAVE forms in one area in chronological order by employee name. Department Head Requesting Amendment: 09 -16 -96 Asst t the City Manager Date Funds Available: / City Tre surer Date Approv d by: " �_ City Manager Date Approved by Council: Date cog Council Approval BUDGET AMENDMENT REQUEST Fund Department Central Dispatch Increase the following account(s): Amount 70 -21 -00 -6111 Overtime $4,750.00 70 -21 -00 -6124 TMRS $1,150.00 Total $5,900.00 Decrease the following account(s): Amount 70 -21 -00 -6367 Rental machines & equipment $2,900.00 70 -21 -00 -6406 Contingency $3,000.00 Total $5,900.00 Justification for amendment with course of action if amendment is not approved: ected shortfall in these line items. Department Head Requesting amendment 7W 7 F Date Funds Available: c e. RIP -96 City Tr surer Date Approved: City Manager Date Approved by Council: Date _J 1 l9 BUDGET AMENDMENT REQUEST �6J Fund General Department 01 30 -00 Public Works Administration Increase the following account(s): Amount 01 30 -00 6113 Longevity $193.00 01 30 -00 6210 General Office Supplies $1050.00 01 30 -00 6224 Janitorial Supplies $1. 00 01 30 -00 6245 Supplies - Buildings & Grounds $25.00 Decrease the following account(s) Amount 01 30 -00 611b Overtime $211.00 01 30-006115 Extra Help $519.00 01 30 -00 6128 Workers Compensation $109.00 01 30-006212 Books & Publications $153.00 01 30 -00 6333 Training & Travel $176.00 01 30-006348 Electricity $101.00 ion for amendment with course of action if not approved: Dehame ead Requesting Amendment 9-13-96 Date Funds Available: ` Try Date mated Approved: ity Manager bate Approved by Council: Date w6F BUDGET AMENDMENT REQUEST Fund General Increase the following account(s): 01 31 -00 6111 Overtime 01 31 -00 6113 Longevity 01 31 -00 6115 Extra Help 01 31 -00 6121 Group Insurance 01 31 -00 6124 TMRS 01.31 -00 6126 Social Security 01 31 -00 6258 Motor Vehicle Supplies 01 31 -00 6274 Safety Equipment 01 31 -00 6332 Postage & Freight 01 31 -00 6343 Insurance Motor Equipment 01 31 -00 6743 Furniture, Fixtures & Office Equipment 01 31 -00 6745 Heavy Equipment Decrease the following account(s) 01 31 -00 6128 Workers Compensation 01 31 -00 6248 Storm Sewers 01 31 -00 6252 Electrical 01 31 -00 6255 Paint, Lumber & Hardware 01 31 -00 6256 Chemicals & Insecticides 01 31 -00 6262 Signal System 01 31 -00 6357 Street Striping 01 31 -00 6367 Rental- Machines & Equipment 01 31 -00 6730 Street Improvements Department 01 31 -00 Street Department Justification for amendment with course of action if not approved: These changes are necessary to adjust budgeted line items to estimated total expenditures Depa ent Head Requesting Amendment 9 i G Date Funds Available: City Treasurer Date Approved: ill Amount $5000.00 $500.00 $1000. 00 $3500.00 $8000.00 $2500.00 $2000.00 $1.00 $50.00 $1.00 $450.00 $1100.00 Amount 14300.00 $200.00 $200.00 $200.00 $200.00 $1500.00 $1500.00 $200.00 $5802.00 City Manager Date Approved by Council: �l -.23 Date L9 Fund General Increase the following account(s): BUDGET AMENDMENT REQUEST Department 01 32 -00 City Shop z Amount 01 32 -00 6111 Overtime $479.00 01 32 -00 6126 Social Security $650. 00 01 32-006212 Books & Publications $6.00 01 32-006222 Motor Vehicle Fuel $200.00 01 32 -00 6224 Janitorial Supplies $200.00 01 32-006343 Insurance Motor Equipment $1.00 Decrease the following account(s) Amount 01 32 -00 6128 Workers Compensation $1336.00 0132 -00 6333 Training & Travel $200.00 Justification for amendment with course of action if not approved: These changes are necessary to adjust budgeted line items to estimated total expenditures These changes do not address an estimated $2000.00 shortfall in 6124 TMRS. Projections do not indicate sufficient savings in other line items to cover this problem. Depart ent Head Requesting Amendment Date Funds Available: y Trea rer Date Approved: City Manager Date Approved by Council: at e 268 Fund Water Increase the following account(s): BUDGET AMENDMENT REQUEST Department 50 60 -00 Water Treatment k, Amount 50 60 -00 6111 Overtime $5000.00 50 60 -00 6341 Insurance General $1.00 50 60 -00 6343 Insurance Motor Equipment $1.00 50.60 -00 6351 Fixed Plant Equipment R & M $2000.00 5060 -00 6745 Heavy Equipment $2000.00 Decrease the following account(s) Amount 50 60 -00 6110 Salaries & Wages * to 50 62 -00 $32000.00 50 60 -00 6121 Group Insurance * to 50 62 -00 $2000.00 50 60 -00 6124 TMRS * to 50 62 -00 $1000.00 50 60 -00 6126 Social Security * to 50 62 -00 $1000.00 50 60 -00 6128 Workers Compensation 50 60 -00 6256 Chemicals & Insecticides $3002.00 50 60 -00 6404 Untreated Water _ $2000.00 Justification for amendment with course of action if not approved: These changes are necessary to adjust budgeted line items to estimated total expenditures *This money is to be transferred to the wastewater treatment plant The water plant had an unfilled position for most of the year. The wastewater plant had a position filled that was not budgeted for most of the year. DepT/- ent Head Requesting Amendment / 9- Date Funds Available: City Trea rer Date Approved: City Manager Date Approved by Council: Date , i Fund Water Increase the following account(s): BUDGET AMENDMENT REQUEST Department 50 62 -00 Wastewater Treatment 50 62 -00 6110 Salaries & Wages *from 50 60 -00 50 62 -00 6111 Overtime *from 50 60 -00 50 62 -00 6116 Educational Certification *from 50 60 -00 50 62 -00 6121 Group Insurance 50 62 -00 6124 TMRS 50 62 -00 6126 Social Security 50 62 -00 6250 Chemical & Laboratory 50 62 -00 6351 Fixed Plant Equipment R & M Decrease the following account(s) 50 62 -00 6128 Workers Compensation 50 62 -00 6212 Books & Publications 50 62 -00 6217 Oil & Grease 62 -00 6256 Chemicals & Insecticides 50 62 -00 6343 Insurance Motor Equipment 50 62 -00 6348 Electricity Justification for amendment with course of action if not approved: These changes are necessary to adjust budgeted line items to estimated total expenditures ti69 Amount $30000.00 $5000.00 $1000.00 $1500.00 $6500.00 $3000.00 $4500.00 $2000.00 Amount $1618.00 $750.00 $400.00 $3500.00 $965.00 $3027.00 $240.00 $7000.00 *This money is to be transferred from the water treatment plant. The water plant had an unfilled position for most of the Vear. The wastewater plant had a position filled that was not budgeted for most of the year. Department Heead Requesting Amendment Date Funds Available: U Tre surer Date Approved: City Manager Date Approved by Council: Date 270 Fund Solid Waste Increase the following account(s): BUDGET AMENDMENT REQUEST , Department 52 33 -00 Solid Waste Amount 52 33 -00 6121 Group Insurance $1250.00 52 33 -00 6124 TMRS $2750.00 52 33 -00 6126 Social Security $1000.00 52 33 -00 6222 Motor Vehicle Fuel $4500.00 52 33 -00 6258 Motor Vehicle Supplies $5292.00 Decrease the following account(s) Amount 52 33 -00 6111 Overtime $1000.00 52 33 -00 6128 Workers Compensation $4443.00 52 33 -00 6264 Container Repairs $1000.00 52 33 -00 6341 Insurance General $1115.00 52 33 -00 6343 Insurance Motor Equipment $2234.00 52 33 -00 6355 Heavy Equipment R & M $5000.00 Justification for amendment with course of action if not approved: These changes are necessary to adiust budgeted line items to estimated total expenditures Department Head Requesting Amendment Date Funds Available: City Tre urer Date Approved: City Manager Date Approved by Council: Date 1 271 IBUDGET AMENDMENT REQUEST Fund Water Department 50 63 -00 W & S Distribution Increase the following account(s): Amount 50 63 -00 6111 Overtime $7000.00 50 63 -00 6121 Group Insurance $1500.00 50 63 -00 6258 Motor Vehicle Supplies $2000.00 50 63 -00 6265 Minor Tools & Equipment $350.00 50 63 -00 6355 Heavy Equipment R & M $4000.00 Decrease the following account(s) Amount 50 63 -00 6113 Longevity $750.00 50 63 -00 6124 TMRS $750.00 50 63 -00 6126 Social Security $750.00 50 63 -00 6128 Workers Compensation $3707.00 50 63 -00 6222 Motor Vehicle Fuel $1000.00 50 63 -00 6247 Water & Sewer Mains $6693.00 L63 -00 6760 Water Taps 16-00 6761 Sewer Taps $1000.00 $200.00 Justification for amendment with course of action if not approved: These changes are necessary to adjust budgeted line items to estimated total expenditures Department Head Requesting Amendment Date Funds Available: + Treasurer Date Approved: City Manager Date Approved by Council: Date 272 BUDGET AMENDMENT REQUEST Fund Gt rieral Increase the following account(s): Department Libra 6210 - General Office 6403 - Books 6743 - Capital - Furniture, Equipment, etc. Degmse Mtedioaly Suppj i e ount(s): --..6224.- Janitorial Supplies 6333 - Training and travel 6341 - Insurance, General 6350 - Bldg and Struct. Improvements Furniture, ix ures, Office Equipment 6379 - Extermination /nisinfec 6393 - Contractual Services Justification for amendment with course of action if amendment is not approved: Amount gF_o0 2,081.00 3,320.00 5,497.00 Amount 38.00 17 0r 5gq_Oh 1,503.00 294.00 538. Or' 38. 2,470.0,` 5,4— 1 1. Purchase replacement computer monitor. 2. Purchase 166 MHz personal computer with tape back -up, laser printer, & cabling. 3. Purchase of books, CD -ROM and reference materials. I 4. Balance the budget in several line items. Deparment Head Requesting amendment Date Funds Available: Approv d: 17 ity Manager Date Approved by Council: City TVeasurer Date Date BUDGET AMENDMENT REQUEST I und General Department Parks & Recreation crease the following account(s): 6115 Extra Help 6121 Group Insurance 6236 Foods 273 Amount 4,500 800 300 6332 Postage & Freight 5 6366 Rental Office Equipment 15 Decrease the following account(s): 6348 Electricity Amount 3,000 6337 Advertising /Publication 100 6333 Training & Travel 1,400 6377 Dues & Memberships 17 6314 Medical Services & Pre - Employ. 118 6274 Safety Equipment Justification for amendment with course of action if amendment is not approved: Changes necessary to adjust budgeted line items to estimated total expenditures. _ 100 Department Head Requesting amendment Th Ok Date F, nds Available: City Tr asurer Date Approved: City Manager Date Approved by Council: Date X74 BUDGET AMENDMENT REQUEST Fund General Department Parks & Recreation Increase the following account(s): 6392 Fees for Officiating Amount , 802 6393 Contractual Services 640 6720 Bldgs. Fixtures & Grounds 700 6744 Miscellaneous Equipment 315 Decrease the following account(s): 6350 Bldg /Structure Improvements Amount 400 6351 Fixed Plant & Equipment R & M 400 6270 Light Equip. Maint. & Repair 593 6111 Overtime 220 6231 Wearing Apparel 100 6245 Supplies - Buildings & Grounds Justification for amendment with course of action if amendment is not approved: Changes necessary to adjust budgeted line items to estimated total expenditures. 779 Department Head Requesting amendment cll6lk Date Funds Available: AL L"In'2_�,_ g- City Tre' surer Date Approved: City Manager Date Approved by Council: ' c. -,W 3-2 Date BUDGET AMENDMENT REQUEST j n a nd General Department Parks & Recreation crease the following account(s): Decrease the following account(s): 6243 Recreation Program Supplies 6255 Paint Lumber and Hardware 6270 Minor Tools and Equipment Justification for amendment with course of action if amendment is not approved: Changes necessary to adjust budgeted line items to estimated total expenditures. Department Hea Requesting amendment D.(. 275 Amount Amount 150 500 200 Appr�oved:� / City Manager Date nds Available: Approved by Council: City Treasurer Date Date BUDGET AMENDMENT REQUEST Fund General Department Fire - Rescue Increase the following account(s): 01 -22 -00 -6116 - Educational Certification 01 -22 -00 -6121 - Group Insurance 01 -22 -00 -6210 - Office Supplies 01 -22 -00 -6222 - Motor Vehicle Fuel 01 -22 -00 -6224 - Janitorial Supplies Decrease the following account(s): 01 -22 -00 -6128 - Workman's Compensation Justification for amendment with course of action if amendment is not approved: To balance and supplement different line item accounts. Deparment Head R questing amendment 9/11/96 Date Funds Available: �kw 60 >�t/,�, City Treasurer Date Amount, 791.00 790.00 60.00 670.00 75.00 Amount 2,531.00 Approved: / City Manager Date Approved by Council: Date BUDGET AMENDMENT REQUEST - CONTINUED Fund General Department 'crease the following account(s): 01 -22 -00 -6230 - Photographic Supplies 01 -22 -00 -6245 - Building & Grounds Fire - Rescue G IF ( Amount 35.00 35.00 01 -22 -00 -6332 - Postage 75.00 Decrease the following account(s): Amount Justification for amendment with course of action if amendment is not approved: 1. Deparment Head Requesting amendment 9/11/96 Date Funds Available: �, I/ , . //" 4A, 1/7 f fl'a, City Tre surer Date Approved: / City Manager Date Approved by Council: Date 27 BUDGET AMENDMENT REQUEST Fund General Department Fire - Rescue Increase the following account(s): 01 -22 -01 -6361 - Volunteer Firefighting Equipment Amount , 1,835.00 Amount 135.00 325.00 95.00 410.00 01 -22 -01 -6333 - Volunteer Training 770.00 01 -22 -01 -6377 - Volunteer Dues & Memberships 100.00 Justification for amendment with course of action if amendment is not approved: To buy pagers with leftover money for the volunteers that need pagers. Deparment Head Requesting amendment 9/4/96 Date Funds Available: N�" e4a-� City Treasurer Date Approved: C City Manager Date Approved by Council: Date 1 Decrease the following account(s): 01 -22 -01 -6231 - Volunteer Wearing Apparel 01 -22 -01 -6236 - Volunteer Food 01 -22 -01 -6244 - Volunteer Fire Prevention 01 -22 -01 -6314 - Volunteer Medical Services Amount , 1,835.00 Amount 135.00 325.00 95.00 410.00 01 -22 -01 -6333 - Volunteer Training 770.00 01 -22 -01 -6377 - Volunteer Dues & Memberships 100.00 Justification for amendment with course of action if amendment is not approved: To buy pagers with leftover money for the volunteers that need pagers. Deparment Head Requesting amendment 9/4/96 Date Funds Available: N�" e4a-� City Treasurer Date Approved: C City Manager Date Approved by Council: Date 1 z7s ORDINANCE NO. 1996 -08 AN ORDINANCE AMENDING THE 1995 -96 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance) No. 1995 -08 which adopted the 1995 -96 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 1995 -96 City of Nederland budget states, "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." 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 1995 -96 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 1995 -08 adopting the budget for 1995 -96. 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 X2,3_ DAY OF SEPTEMBER, A.D., 1996. Homer Nagel, Mayo City of Nederland, Texas (�ATTEST: r LaDOnna Floyd, City Secretary City of Nederland, Texas APP ED AS TO FORM AND LEGALITY: Richard D. Hughes City Attorney City of Nederland, Texas anti BUDGET ORDINANCE AMENDMENT - ATTACHMENT A GENERAL FUND , Amend General Fund by appropriating unencumbered funds remaining at 9 -30 -95 in the amount of $276,090.00 and increase line item as detailed below. Other Requirements Increase 01 -90 -00 -6908 Transfer to Equipment Replacement $ 150,000.00 Revenue budgeted for Equipment Replacement - General was received in prior fiscal year. Legal Increase 01 -12 -00 -6313 Legal Services $ 35,000.00 Unanticipated legal costs incurred in fiscal year. Police Increase 01 -21 -00 -6110 Salaries & Wages $ 55,000.00 Collective Bargaining contract authorized an increase in wages, costs were not budgeted in adopted budget. Fire - Increase 01 -22 -00 -6110 Salaries & Wages $ 14,000.00 Increase 01 -22 -00 -6116 Educational Certification 300.00 Increase 01 -22 -00 -6124 TMRS 5,000.00 Increase 01 -22 -00 -6126 Social Security 1,500.00 Collective Bargaining contract authorized an increase in wages, costs were not budgeted in adopted budget. Inspections , Increase 01 -24 -00 -6110 Salaries & Wages $ 9,200.00 Increase 01 -24 -00 -6111 Overtime $ 1,800.00 Increase 01 -24 -00 -6113 Longevity $ 100.00 Increase 01 -24 -00 -6121 Group Insurance $ 1,050.00 Increase 01 -24 -00 -6124 TMRS $ 2,040.00 Increase 01 -24 -00 -6126 Social Security $ 1,100.00 Department Secretary was budgeted as part -time in this department. LIBRARY SPECIAL FUND Amend Library Special Fund by appropriating unencumbered funds remaining at 9 -30 -95 in the amount of $ 21,507.00 and increase line items as detailed below. Increase 21 -55 -00 -6403 Special Book Collection $ 701.00 Increase 21 -55 -00 -6743 Furniture, Fix, Off Equip. $ 20,806.00 Grant Funds received in prior year from Hebert Grant was used to purchase CD -ROM network as specified. 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 14, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve the minutes of the September 23, 1996 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Drs. Griffith, Webb & Sanford of the Beaumont Spinal Care Associates declaring the month of October, 1996 as "Spinal Awareness Month" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Daughtry approving a Proclamation declaring the month of October, 1996 as "Spinal Awareness Month" in Nederland, Texas. All Voted Aye. SERVICE Mayor Nagel presented City of Nederland employees with service awards. AWARDS Those in attendance were as follows: Stacey Miller - 5 years; Kelly Galloway - 15 years; Lois Coco - 15 years; James West - 15 years; Nicky Matt - 15 years; Edward Myer - 15 years; John Forsythe - 10 years as a Reserve Police Officer; and, Nelson Johnson, retiree, 22 years. On behalf of the Council, staff, and citizens Mayor Nagel thanked the employees for their dedicated service to the City. LIBRARY Phillip Long, Long Magnuson Architects, Inc., and Victoria Klehn, Librarian, reviewed the proposed floor plan for the new library. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve the floor plan for the new library. All Voted Aye. 283 282 Minutes continued, October 14, 1996 CITIZEN Jolei Bayard, 702 South 9th Street, requested to address Council relative to COMMENTS water lines and driveway problems located at 512 South 7th Street. I WATER CONSER- A discussion was held on the Water Conservation Plan which must be VATION PLAN implemented in order to receive funding for the wastewater system improvements. Andre' Wimer, City Manager, informed the Council that several ordinances and resolutions will appear on the next agenda for Council action. CONTRACT A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the collective bargaining contract between the City of Nederland and the International Association of Fire Fighters, Local 3339. All Voted Aye. COMMUNITY A motion was made by Mayor Nagel and seconded by Councilman Sawyer to DEVELOPMENT select David J. Waxman, Inc. as the management services firm for the 1996 BLOCK GRANT Sewer Improvement Project - Wagner Addition, contingent upon approval from legal counsel and staff. All Voted Aye. Randy Blanks, David J. Waxman, Inc., thanked the Mayor and Council for the , opportunity to once again work with the City of Nederland on the CDBG. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a contract with the Texas Department of Housing and Community Affairs for the 1996 Sewer Improvement Project - Wagner Addition. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1996 -28, authorizing publication of Notice of Intention of the City of Nederland, Texas to issue Certificates of Obligation to fund the costs of upgrades to a sewage treatment plant, sanitary sewer system lift stations and force mains, and certain other related costs. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve Ordinance No. 1996 -09, declaring certain utility accounts as uncollectible. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to , approve an Amendment to Ordinance No. 107, traffic ordinance, designating the intersections of South 9th Street at Avenue "E" and 15th Street at Franklin as "4 -way stop" and providing for "No Parking" along the east side of 27th Street starting at 525 feet north of the intersection at Helena Avenue and continuing for 1,242 feet. All Voted Aye. Minutes continued, October 14, 1996 PLANNING AND A motion was made by Mayor Nagel and seconded by Councilman Radcliff ZONING to approve the replat of Lots 9 -16, Block 7, Hillcrest 2nd Acres, as COMMISSION recommended by the Planning and Zoning Commission. All Voted Aye. LICENSE TO A motion was made by Councilman Sawyer and seconded by Mayor Nagel to ENCROACH approve a License to Encroach at 1025 Hwy. 69 and authorize the City Manager to sign document if variance is granted by City. All Voted Aye. BIDS A motion was made by Councilman Daughtry and seconded by Mayor Nagel to award bids received for a tractor for the Parks Department to Eastex Farm & Home, Beaumont, TX in the amount of $16,000.08. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for 116 water inventory items for the Water and Wastewater Departments to Golden Triangle Pipe, Beaumont, TX in the amount of $95,372.90. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for chemicals for the Water and Wastewater Departments as follows: liquid sodium hydrozide (50% caustic) to DX Distributors, Inc., Houston, TX - $220.80 dry/ton; liquid chlorine (ton cylinders) to Coastal Products Chemicals, Houston, TX - $362.00 per ton cylinder; 25% hydrofluosilicic acid to Harcros Chemicals, Inc., Houston, TX - $$0.0785Ab; anhydrous ammonia to Therchem Corp., New Iberia, LA - $0.2650/lb; 50/50 blend of caustic to DX Distributors, Inc., Houston, TX - $226.60 /ton as is; and, ammonium bisulfate to Tessenderio Kerley, Phoenix, AZ - $0.0825/lb. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize advertisement of bids for a garbage truck for the Sanitation Department to be received November 7, 1996. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize advertisement of bids for the resurfacing of the swimming pool at Doombos Park to be received November 7, 1996. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize advertisement of bids for one (1) police package car and one (1) utility 2 -wheel drive vehicle for the Police Department to be received November 7, 1996. All Voted Aye. 1 283 Minutes continued, October 14, 1996 EMERGENCY Andre' Wimer, City Manager, explained that when the by -pass was ordered PURCHASE closed it caused sewer to back up into many homes causing a health hazard to those citizens. After carefully reviewing the situation the City has decided to reopen the by -pass in order to provide some relief to those citizens, therefore, staff is requesting to make an emergency purchase of a housed chlorine system to be placed at the by -pass in an amount not to exceed $17,000.00. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the emergency purchase, without formal bids, of a housed chlorine system in an amount not to exceed $17,000.00 from Inchlor Services, Inc. due to health and safety reasons. All Voted Aye. PAYMENTS A motion was made by Councilman Daughtry and seconded by Mayor Nagel to authorize payment to Costello, Inc. in the amount of $2,070.25 for engineering services associated with a grant application for funding for a master drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment of the bills for the month of September, 1996. All Voted Aye. I EXECUTIVE The regular meeting was recessed at 8:15 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, to discuss Robert Miller vs. City of Nederland, Helen Serres vs. City of Nederland, and, A. J. Waller vs. City of Nederland; and Chapter 551.072, to discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 8:28 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIAL'S Andre' Wimer, City Manager, informed the Council that staff is anticipating COMMENTS final closure of the Water Treatment Plant project on October 28, 1996. The City Manager stated that the City has received a total of $4,576.90 from the State for remediation work performed on the underground tanks at the Warehouse in 1991. He added that an additional $24,000.00 should be received in the near future. I Minutes continued, October 14, 1996 ADJOURN There being no further business the meeting was adjourned at 8:30 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 g: / Ica Homer E. Nagel, Mayor City of Nederland, Texas 285 286 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Prrcrnt Ahepnt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 y/ Andre Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian Mayor City Secretary /0 -1q- Date 1 1 1 1 [I ay &naa' J&m -3 CITY OF NEDERLAND 'PROGRAMMED PROGRESS' Mid - Jefferson Cmatty, Texas Office of f4t a�vr I Texans are becoming increasingly aware of die need for proper care of the spine and the resultant problems of neglect. Although work- related injuries account for 25 percent of back problems, the majority of back injuries can be prevented with proper education. During October, members of the Texas Chiropractic Association (TCA) are offering educational programs and activities as part of Spinal Awareness Month. These programs will increase knowledge and awareness of how to keep backs strong and emphasize the importance of physical health. The people of Texas should be encouraged to learn about hack injury and how to avoid it. Spinal Awareness Month provides an excellent opportunity. Therefore, I, Homer E. Nagel, Mayor, do hereby proclaim the month of October 1996 as "Spinal Awareness Month" in Nederland, Texas and urge the appropriate recognition thereof. IN testimony whereof, witness my hand and Seal of the City of Nederland this the 14th day of October, 1996. 287 2tid RESOLUTION 1996 -28 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION OF THE CITY OF NEDERLAND, TEXAS TO ISSUE CERTIFICATES OF OBLIGATION TO FUND THE COSTS OF UPGRADES TO A SEWAGE TREATMENT PLANT, SANITARY SEWER SYSTEM LIFT STATIONS AND FORCE MAINS AND CERTAIN OTHER COSTS RELATED AND INCIDENTAL THERETO THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF NEDERLAND § WHEREAS, the City Council of the City of Nederland, Texas, deems it advisable to issue Certificates of Obligation to fund (1) acquisition, construction, and equipping of upgrades to its sewage treatment plant, (2) acquisition, construction, and equipping of sanitary sewer system lift stations and force mains, and (3) certain other costs related and incidental thereto, in accordance with the Notice hereinafter set forth, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. Section 2. The City Secretary is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as "Exhibit A' and made a part hereof. 04815W -1- �i Section 3. The notice set forth in "Exhibit A" to this Resolution ' shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the City of Nederland, the date of the first publication to be before fourteen (14) days prior to the date set in said notice for the issuance of Certificates of Obligation. 1 1 Section 4. The Mayor, City Secretary, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 5. This Resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED this / q day of October, 1996. ATTEST: LaDonna Floyd, City Secretary (SEAL) oa lwo -2- Z7 Homer Nagel, Mayoi City of Nederland, Texas 289 290 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NEDERLAND , CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City "), shall convene at 6:00 o'clock p.m. on the 11th day of November, 1996 at its regular meeting place in the City Office Building, 1400 Boston Avenue, Nederland, Texas, and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $5,000,000 for the purpose of paying contractual obligations to be incurred (1) for the acquisition, construction, and equipping upgrades to its sewage treatment plant and lift stations and force mains and (2) for professional services. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a pledge of certain available net revenues derived from the operation of the City's water and sewer system. The certificates of obligation are issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Section 271.049, as amended. 04815M -1- /s/ Homer Nagel Mayor 291 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, City Attorney City of Nederland, Texas ORDINANCE NO. 1996 -09 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $10,998.03 AS SHOWN IN EXHIBIT "A" FOR THE YEAR ENDED 9 -30 -96 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written offto 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 is hereby corrected to reflect the following charge -offs for fiscal year 1995 -96 in the amount of $10,998.03 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. ' THATthis 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 N DAY OF 0-- fo hr,r, 199G, Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 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 -01- 00285 -01 $66.82 1 -01- 00450 -00 28.72 1 -01- 01200 -00 186.89 1 -02- 00430 -01 31.14 1 -02- 00490 -00 37.91 1 -02- 00490 -01 4.07 1 -02- 00960 -00 87.43 1 -02- 01060 -02 19.62 1 -02- 01070 -00 188.14 1 -02- 01930 -00 31.59 1 -02- 02630 -00 190.22 1 -02- 02800 -00 29.70 1 -03- 00380 -01 135.01 1 -03- 00490 -00 172.82 1 -03- 00800 -01 131.15 1 -03- 00800 -02 52.19 1 -04- 00070 -01 31.87 1 -04- 00560 -00 130.22 1 -04- 01540 -01 94.79 1 -04- 01610 -01 76.85 1 -04- 01680 -01 154.52 1- 04- 01760 -00 63.77 1 -04- 02010 -00 133.73 1 -04- 04730 -00 348.49 1 -05- 00210 -03 8.96 1-05- 00740 -00 73.24 1 -05- 00790 -02 26.54 1 -05- 00830 -03 21.00 1 -05- 00870 -01 32.39 1 -05- 01800 -00 68.82 1- 05- 01810 -01 31.82 1 -05- 01900 -00 343.62 1 -05- 01901 -00 76.61 1 -05- 03140 -00 131.30 1- 05- 03951 -00 473.46 1 -05- 03951 -01 24.47 1 -05- 04040 -00 24.47 1 -06- 00550 -00 98.02 1 -06- 01250 -00 44.99 1 -06- 02260 -00 213.35 2 -07- 00470 -00 91.67 2 -07- 00540 -00 110.11 2 -07- 00610 -01 23.95 2 -07- 00740 -00 60.02 2 -07- 01030 -01 123.08 2 -07- 01260 -00 45.41 2 -07- 01590 -00 75.11 2 -08- 00310 -01 17.65 2 -08- 01580 -00 70.70 2 -09- 00140 -00 28.72 2 -09- 00520 -00 41.32 2 -09- 00570 -00 99.18 2-09- 01180 -01 41.32 2 -10- 00800 -00 113.49 2 -11- 01640 -00 109.75 Page 1 of 3 1 1 Attachment "A" City of Nederland Accounts to be written off Account Number Amount 2 -11- 01940 -00 76.39 2 -12- 00120 -00 84.22 2 -12- 00160 -00 9190 2 -12- 00890 -00 32.44 2 -12- 01030 -01 81.04 2 -12- 01110 -00 163.01 2 -12- 01250 -00 13982 2 -12- 01520 -01 200.86 2 -12- 01520 -02 23.49 2 -12- 01550 -02 80.92 3 -13- 00290 -01 5.16 3 -13- 00410 -01 140.06 3 -13- 00440 -00 6.23 3 -13- 00940 -02 13.66 3 -13- 01770 -00 286.16 3 -13- 02090 -01 45.27 3 -14- 00680 -03 39.15 3 -14- 01600 -00 15.84 3 -14- 01950 -00 249.22 3 -15- 00420 -00 36.35 3 -15- 02020 -02 163.07 3 -15- 02300 -00 50.31 3 -15- 02680 -02 43.56 3 -15- 02700 -00 114.04 3 -15- 02770 -00 72.74 3 -15- 02790 -01 73.54 3 -15- 02800 -01 63.72 3 -15- 02800 -02 2872 3 -15- 02930 -00 126.11 3 -16- 00320 -01 39.90 3 -16- 00450 -02 60.52 3 -16- 00900 -00 32.72 3 -16- 00990 -00 87.64 3 -16- 01260 -00 12.68 3 -16- 02100 -00 70.56 3 -16- 02110 -00 96.07 3 -16- 02400 -01 97.87 3 -16- 02440 -01 57.40 3 -17- 00100 -01 31.59 3 -17- 00260 -01 34.23 3 -17- 00550 -01 99.62 3 -17- 00560 -00 145.64 3 -17- 00730 -00 135.36 3 -17- 00850 -01 127.83 3 -17- 01020 -02 15.52 3 -17- 01120 -00 5.16 3 -17- 01330 -00 468.92 3 -17- 01550 -01 61.17 3 -17- 01750 -01 49.85 3 -17- 01780 -03 28.72 3 -17- 01890 -02 35.02 3 -17- 01890 -03 112.91 3 -17- 02050 -01 31.59 3 -17- 02060 -00 28.84 3 -18- 01040 -00 32.53 Page 2 of 3 293` IS 1 Page 3 of 3 Attachment "A" City of Nederland Accounts to be written off Account Number Amount 3 -18- 02210 -01 23.49 3 -18- 02230 -01 72.17 3 -18- 02230 -02 100.00 3 -18- 02740 -00 76.22 4 -19- 00080 -01 118.93 4- 19- 01420 -00 34.14 4 -20- 00100 -01 58.13 4 -20- 00280 -01 3.88 4 -20- 00830 -02 17.54 4 -20- 01980 -03 76.44 4 -20- 01980 -04 35.02 4- 20- 02040 -02 26.54 4 -21- 01880 -00 193.72 4 -21- 02450 -01 48.38 4 -21- 03110 -00 16.15 4 -23- 01395 -00 112.84 4 -23- 01840 -00 265.38 TOTAL $10,998.03 1 29.5 � I AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00). WHEREAS, the City Council ofthe City of Nederland is ofthe opinion that additional traffic control devices and "No Parking" zones are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS The intersection at South 9th Street and Avenue "E" shall be designated as a "4 -Way Stop Intersection ". Stop signs shall be erected at all four corners. All vehicles must come to a complete stop before the intersection or any designated crosswalk. The intersection at 15th Street and Franklin Avenue shall be designated as a "4 -Way Stop Intersection ". Stop signs shall be erected at all four comers. All vehicles must come to a complete stop before the intersection or any designated crosswalk. ARTICLE XH. SECTION 97 - NO PARKING ON PAVEMENT There shall be "No Parking" on the pavement, or part thereof, on the East side of 27th Street starting at 525 feet north ofthe intersection at Helena Avenue and continuing for 1,242 feet on said street from the intersection on Helena Avenue. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. ARTICLE XVII. ' SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect from and after its passage and publication ofthe caption only as provided by law. 29G PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the 114— day of 00AAPr 1996. ATTEST: a" 6 .( LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor v— City of Nederland, Texas 1 I 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 28, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the October 14, 1996 meeting as written. All Voted Aye. LIENS Shirley Navy, owner of the property described as Lots 1 -3, Block 3, Clayton Addition, addressed Council relative to grass cutting liens placed on her property in the amount of $2,010.00 plus $2,271.55 in interest. Ms. Navy explained to the Council that the property is valued at less than the $4,281.55 owed and that she has three people interested in purchasing the lots from her. She added that she was fully aware of the liens being placed on her property over the years,except for the one in the name of Eunice Hildreth during 1982 in the amount of $1,140.00. Ms. Navy is requesting some type of relief in settling this debt to the City. Richard Hughes, City Attorney, explained that the Council should not waive any fees, but due to the liens exceeding the value of the property they could accept a settlement. He suggested that he review all the necessary documents associated with this property and make a recommendation to the Council at the next meeting. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone action on a request from Shirley Navy regarding property described as Lots 1 -3, Block 3, Clayton Addition. All Voted Aye. Andre' Wimer, City Manager, explained to the Council that a lien was placed on Lot 19, Block 11, Langham Addition, during the same time it was being transferred to a new owner. The new owner was never notified of the lien and is now in the process of selling it to another individual and feels he is not responsible for the situation. 297 Minutes continued, October 28, 1996 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to ' authorize the release of a lien on property described as Lot 19, Block 11, Langham Addition. All Voted Aye. STREET A motion was made by Councilman Sawyer and seconded by Mayor Nagel to CLOSING authorize the closing of Boston Avenue from 15th to 17th Street on Saturday, December 14, 1996, from 7:00 a.m. to 10:00 p.m. for "Christmas on Boston" activities. All Voted Aye. WATER Andre' Wimer, City Manager, explained that the following ordinances and CONSERVATION resolutions are mandated by the Texas Water Development Board as a PLAN condition of receiving funds from the State Revolving Fund. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1996 -10, adopting a Water Conservation Plan, including a Drought Contingency Plan. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Ordinance No. 1996 -11, governing water and sewer service by the ' City and requiring certain water conserving features in new and replacement plumbing. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve Ordinance No. 1996 -12, controlling water usage during emergencies and empowering the City Council to declare emergencies. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Resolution No. 1996 -29, providing that the City of Nederland will submit an annual report to the Texas Water Development Board. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve Resolution 1996 -30, implementing the Education and Information Program as prescribed in the Water Conservation Plan. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1996 -31, adopting the guidelines for the Water Conservation Plan. All Voted Aye. I Minutes continued, October 28, 1996 COMMUNITY A motion was made Councilman Sawyer and seconded by Councilman ' DEVELOPMENT Daughtry to approve Resolution 1996 -32, authorizing the City Manager and BLOCK GRANT City Secretary to sign contractual documents associated with the Sewer Improvement Project - Wagner Addition. All Voted Aye. LIBRARY A motion was made by Councilman Nugent and seconded by Mayor Nagel to authorize the submission of the Preapplication to the Texas State Library for a Library Services and Construction Act Title II Grant. All Voted Aye. TAX ROLL A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1996 -33, approving the 1996 tax roll as certified by the Jefferson County Tax Office. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to KSA Engineers, Inc. in the amount of $2,445.20 for engineering services associated with the Water Treatment Plant, operational phase. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman ' Nugent to authorize payment to KSA Engineers, Inc. in the amount of $1,056.00 for engineering services associated with the Water Treatment Plant, construction phase. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Daughtry to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,800.13 for engineering services associated with the West Chicago project. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. in the amount of $2,576.51 for engineering services associated with the Wastewater Treatment Plant upgrades. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:53 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by the Texas Government Code, Chapter 551.071, discuss Helen Serres vs. City of Nederland; and Chapter 551.072, discuss acquisition, exchange, and/or release of property. ' RECONVENE The regular meeting was reconvened at 7:20 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. Jut) Minutes continued, October 28, 1996 OFFICIAL'S Andre' Wimer, City Manager, informed the Council that the City was unable , COMMENTS to receive funding from the State to perform the extensive drainage study. Mr. Wimer added that he has been in contact with Costello regarding the study and they will determine what type of study they can provide with the amount of money that the City and D. D. No. 7 had agreed to contribute. He will report back to the Council as soon as further information is received. Mr. Wimer reported that the City received approximately 42 requests to date for the 1996 Driveway Program and that the first 26 were mailed estimates today for a total of $3,127.20. The City Manager and Director of Public Works informed the Council that Don Reichle and Associates have encountered some problems with the inspection of the underground storage tank. They are unable to properly dewater the ground around the tank and in the event that this is not done correctly and the tank is emptied it will most likely float out of the ground. Don Reichle has indicated that special equipment will need to be rented to dewater that area. The equipment will cost approximately $2,600.00 for one week rental. Mayor Nagel asked that the signs that have been placed on utility poles I throughout the City be removed as soon as possible. He added that they have become numerous and very unsightly. Councilman Nugent reported that some cars have been placed on the property on Hwy. 69 that the City has been trying to get cleaned up. Councilman Sawyer reported that the property on the corner of Nederland Avenue and 2nd Street appears to be a junk yard. ADJOURN There being no further business the meeting was adjourned at 7:30 p.m. by Mayor Nagel. Homer E. Nagel, Mayo ATTEST: LaDonna Floyd, City Secretary , 301 ' CITY OF NEDERLAND COUNCIL. MEETING ATTENDANCE SHEET 1 Name Title Present Ahsent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward I Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 f R.A. "Dick" Nugent Councilman Ward 4 l f Andre Wimer City Manager f LaDonna Floyd City Secretary f Richard Hughes City Attorney ,f Billy Neal Police Chief f Mike Lovelady Fire Chief f Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. f Steve Hamilton Public Works Dir. , f Rod Hatch Building Official f Jim Weaver Parks Director Victoria Klehn Librarian ,✓ Mayor C nja City Secretary ' to - a28 -9i0 Date 30� CITY OF NEDERLAND ORDINANCE NO. 1996 -10 AN ORDINANCE MANDATED BY THE TEXAS WATER DEVELOPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND, ADOPTING A WATER CONSERVATION PLAN, INCLUDING A DROUGHT CONTINGENCY PLAN IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Nederland has applied for a loan commitment from the Texas Water Development Board to provide funding for improvements to its existing wastewater facilities; and, WHEREAS, one requirement of said planning grant is that the City develop and adopt a program for water conservation and drought contingency; and, WHEREAS, the City of Nederland has previously authorized Schaumburg & Polk, Inc. to prepare a Water Conservation Plan, including drought contingency measures, to be submitted to the Texas Water Development Board; and, 1 WHEREAS, that Water Conservation Plan has been submitted to the Texas Water Development Board and approved subject to certain revisions; and, WHEREAS, the City of Nederland has enacted such ordinances and resolutions which are I required at this time for tire Water Conservation Program; NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: ADOPTION OF PLAN. The City Council hereby approves and adopts the Water Conservation Plan dated October 28, 1996, as prepared by Schaumburg & Polk, Inc., and previously submitted to the Texas Water Development Board. A copy of said Plan is hereby attached and incorporated into this Ordinance. The City shall implement and enforce the program and will submit all necessary reports to the Texas Water Development Board. SECTION 2: AVAILABILITY OF PLAN. The above referenced Water Conservation Plan shall be made available for public inspection in the City Secretary's office on a permanent basis and shall be plainly labeled as being the plan adopted by the City. SECTION 3: IMPLEMENTATION. The City Manager shall be responsible for the overall implementation of the program. In the event that measures requiring separate action by the City Council are found necessary, the City Manager shall be responsible for requesting a special or emergency Council meeting if necessary, and for presenting the matter to the Council for action. SECTION 4: PENALTIES. Persons in violation of the ordinance shall be subject to one or more of the following penalties, as specified in the separate ordinances included in the Water Conservation Program: Having a flow restricter placed on the violator's water service line at that person's expense. Disconnection of any or all water and /or sanitary sewer services provided to the I violator by the City. Withholding of water and /or sanitary sewer service to newly constructed facilities. A fine not to exceed $200 per day per violation. SECTION 5: VALIDITY. All ordinances or parts of ordinances in conflict herewith are hereby repealed. If any section or provision of this ordinance, or the application of same to any person or set of circumstances is invalidated or rendered unenforceable by a court of competent jurisdiction, such judgement shall not affect the validity of any remaining parts of the ordinance, which can be given effect without the invalidated part or parts, or their application to other persons or sets of circumstances. SECTION 6: EFFECTIVE DATE. This ordinance shall be in full force and effect Am and after its passage and publication of the caption only as provided by law. PASSED AND APPROVED by the City Council of the City orNederland this the day of fir_ -(oher , 19�AQ. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hu hes City Attorn g Y City of Nederland, Texas 303 304 CITY OF NEDERLAND ORDINANCE NO. 1996 -11 AN ORDINANCE MANDATED BY THE TEXAS WATER DEVELOPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND; GOVERN- ING WATER AND SEWER SERVICE BY THE CITY; REQUIRING CERTAIN WATER CONSERVING FEATURES IN NEW AND REPLACEMENT PLUMBING; ADOPTING AND SUPPLEMENTING THE WATER CONSERVATION PROVISIONS IN THE STANDARD PLUMBING CODE; REFERRING TO A 1991 AMENDMENT TO THE HEALTH AND SAFETY CODE OF THE TEXAS STATUTES; PROVIDING FOR PENALTY; PROVIDING REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a condition of a planning grant from the Texas Water Development Board (TWDB) for a study regarding potential improvements to its existing sewage collection and treatment facilities, the City of Nederland was required to submit a Water Conservation Plan to the TWDB; and, WHEREAS, in order to obtain a loan from the Texas Water Development Board for such improvements, the City of Nederland was required to implement a Water Conservation Program; and, WHEREAS, the TWDB guidelines for the Water Conservation Plan recommend provisions for water conserving features in home plumbing, and, WHEREAS, Senate Bill 587 ofthe 72nd Legislature contains additional requirements for water conserving features in home plumbing; and, WHEREAS, the City of Nederland has adopted ordinances governing water and sewer service provided by the City; and, WHEREAS, among such ordinances is Ordinance No. 263, regulating plumbing work, which ordinance has been amended various times, particularly by ordinance of November 11, 1975; and, WHEREAS, Ordinance No. 263 includes adoption of the Standard Plumbing Code, 1975 Edition as published by the Southern Building Code Congress International, along with all succeeding revisions to the Code; and, WHEREAS, in order to meet the TWDB guidelines for water conservation, certain water conservation provisions are necessary or desirable; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: AMENDMENT TO EXISTING ORDINANCE. This ordinance shall constitute an amendment and supplement to the existing Ordinance No. 263 of the City of Nederland. SECTION 2: AREA OF JURISDICTION. This ordinance shall apply to all users of the City of Nederland water system who are also subject to the requirements of City plumbing codes, including the Standard Plumbing Code or any other published plumbing codes which may be adopted by the City. 305 SECTION 3: REQUIREMENTS FOR NEW OR REPLACEMENT PLUMBING. 1. Al: hot water lines shall be insulated. 2. All new swimming pools shall have recirculating filtration equipment. ' 3. The requirements of Chapter 421 of the Health and Safety Code, as adopted through Senate Bill 587 ofthe 72nd Legislature in 1991, shall govern any new or replacement plumbing to the extent that they are more strenuous than other requirementg of this ordinance. SECTION 4: PERMITS. Permit requirements for any work required by this ordinance shall be according to governing City ordinances. SECTION 5: INSPECTION. All plumbing work constricted according to this ordinance shall be inspected by City personnel (or by any other persons authorized by the City) according to applicable City ordinances, including any applicable sections of the Standard Plumbing Code adopted by reference. SECTION 6: AVAILABILITY OF REGULATION. Copies of the Standard Plumbing code (as updated periodically), Senate Bill 587, and any applicable standards referenced therein shall be kept available for inspection at the City Secretary's office in the City of Nederland during normal business hours on a permanent basis. SECTION 7: PENALTIES: Any person, firm, or corporation violating any provision of this ordinance shall be tined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or is permitted to continue. In addition to the fines, the City may terminate water service to any user for violations of this ordinance. Reconnection may be made only after the user pays all outstanding bills and fines, plus a $10.00 service charge. Reconnection of a commercial or recreational user maybe postponed by ' the City if, in the opinion of the City, such postponement is necessary to conserve water in an acute emergency. The City also may, at its opinion, install a flow restricter in the service line of any user for violations of this ordinance. Such restricter maybe set at any amount of flow equal to or larger than the amounts listed in other City ordinances as the minimum amounts for water rationing. The City may charge the user for the cost of the flow restricter, including installation, and may disconnect service for failure to pay for this item. In the case of new construction, the City may refuse connection of water and /or sanitary sewer service to a new structure or facility until the requirements of this ordinance have been met. In addition to the penalties listed above, the City may bring civil action in a state court as prescribed in Senate Bill 587. SECTION 8: VALIDITY. All ordinances or parts of ordinances in conflict herewith are hereby repealed. If any section or provision of this ordinance, or the application of same to any person or set of circumstances is invalidated or rendered unenforceable by a court of competent jurisdiction, such judgement shall not affect the validity of any remaining parts of the ordinance, which can be given effect without the invalidated part or pails, or their application to other persons or sets of circumstances. SECTION 9: EFFECTIVE DATE. This ordinance shall be in full force an effect from and after its passage and publication of the caption only as provided by law. 306 PASSED AND APPROVED by the City Council ofthe City of Nederland this the --eg_ day of ,d cibAtor , I9Qg. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z72-c� . . Richard D. Hughes, Ci Attorney City of Nederland, Texas 4omer E. Nagel, Mayor City of Nederland, Texas 1 CITY OF NEDERLAND ORDINANCE NO. 1996 -12 AN ORDINANCE MANDATED BY THE TEXAS WATER DEVELOPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND CONTROLLING WATER USAGE DURING EMERGENCIES; EMPOWERING CITY COUNCIL TO DECLARE EMERGENCIES; PROVIDING PENALTIES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City of Nederland finds it necessary to control and /or limit water usage during an emergency; NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: DEFINITION OF USER. Except as provided in Section 8, users shall include only retail customers served directly by the City water system, whether located within or outside the city limits, and not customers of wholesale users such as other cities, water districts, or water supply corporations. ' Where more than one residential or commercial unit is served by the same water meter: 1. For surcharging or rationing purposes, each unit shall constitute a separate user. 2. For disconnection purposes, the person, firm, or corporation responsible for the master meter shall be considered the user. SECTION 2: DECLARATION OF EMERGENCY. The City Council may, at any properly posted, convened, and conducted meeting, declare the City to be in a water usage emergency requiring one or more of the following actions: 1. Water Waste Prohibition of all water waste as defined in Section 3. 2. Outdoor Water Usage a. Alternate days for usage b. Prohibition ofusage 3. Control Measures for Indoor Usage a. Surcharge system b. Rationing c. Flow restricters (for violators only) 4. Variances a. Variances for certain commercial users as prescribed in Section 7 b. Overriding of any standing variances which may have been previously granted SECTION 3: WATER WASTE AND OUTDOOR WATER USAGE. ' 1. The City Council may, after declaring a water usage emergency, prohibit all water waste defined as follows: a. Washing vehicles, building, and other similar items unless a bucket or a hose with a cutoff device at the downstream end of the hose is used. 2. The City Council may, after declaring a water usage emergency, prohibit any or all of the following outdoor water usages: a. Watering ofgrass, lawns, flowers, trees, gardens, or shrubbery ' b. Washing vehicles, buildings, or swimming pools c. Recreational purposes (including filling swimming pools) d. Ornamental fountains I 3. The City Council may, after declaring a water usage emergency, restrict any or all of the outdoor water usages listed in Subsection 2 to alternate days as follows: a. Even numbered house, business, lot, or premise: Tuesdays, Thursdays, and Saturdays or even numbered days, as decided by the City Council b. Odd numbered house, business, lot or premise: Mondays, Wednesdays, and Fridays or odd numbered days, as decided by the City Council. c. House, business, lot or premise with no visible number or no number known to the City: Same as odd numbers. 4. On or after the date when the City Council shall meet and declare a water usage emergency requiring any or all of the restrictions described in Subsections 1, 2, and 3, it shall be unlawful for any person, firm, or corporation to violate any of these restrictions, unless the City Council grants an applicable variance and has not overridden such variance for the specific emergency. SECTION 4: SURCHARGE SYSTEM. The City Council may, after declaring a water usage emergency, impose surcharges not to exceed the following amounts on all water usage per month by any user: 0 -2,000 gallons $0.75 per 1000 gallons 2,000 - 5,000 gallons $1.00 per 1000 gallons 5,000 - 10,000 gallons $1.50 per 1000 gallons , Over 10,000 gallons $1.75 per 1000 gallons No surcharge for any bracket may be less than the surcharge for the next lower bracket. These surcharges shall become effective for each user as soon as the City can read the meter serving that user and notify that user. SECTION 5: RATIONING. The City Council may, afler declaring a water usage emergency, impose rationing on any or all user classes. The daily amount which each user may be permitted to use shall be set equal to or greater than the following amounts: Residential - 50 gallons School - 100 gallons (plus 5 gallons/student on days classes are held) Commercial - 100 gallons Recreational Facility - 300 gallons Industrial - 300 gallons Rationing shall become effective for each user as soon as the City can read the meter serving that user and notify that user. SECTION l: COMMERCIAL USE. The City Manager may, in a water shortage emergency, direct any or all commercial, industrial, and recreational users to suspend use of City water for purposes other than domestic use. He may take this action regardless of whether the City Council has declared a water usage emergency. SECTION 7: APPEAL PROCEDURE. The City shall, as soon as practical after the effective date of this ordinance, notify all nonresidential users of the following facts. , 1. Businesses which use outdoor water in their primary business functions (such as commercial car washes) may be considered for variances from emergency restrictions or prohibitions of outdoor water usage. 309` 2. The City may restrict or prohibit such outdoor usage, even if a business qualified for a variance, if the water shortage emergency is severe enough to impose such ' restriction or prohibition. 3. Any businesses which feel that they may qualify for variances are encouraged to request (preferably in non - emergency time) that the City grant a standing variance. 4. Such businesses shall show to the City sufficient cause for granting the variance. 5. The City may grant a specific variance during a water shortage emergency, or may override a standing variance. The City shall notify all new nonresidential customers ofthe above facts at the time they apply for or receive service. SECTION 8: NOTIFICATION OF USERS. The City shall notify all users promptly when a water supply emergency is declared. For prohibition of outdoor water usage, such notice may be through local news media. For surcharges or rationing, such notice shall be in writing for each user if practical, preferably delivered along with the meter reading. The individual notice shall, if practical, show the date and amount of the meter reading. SECTION 9: APPLICABILITY OF RESTRICTIONS. Water use restrictions and surcharges contained in this ordinance shall apply to all water supplied by the City water system to its retail customers, whether located within or outside the City. The following rules shall govern wholesale users and their customers: I. Restrictions on outdoor usage shall not apply to customers of wholesale users unless provided in the contract between the City and the wholesale user. 2. Surcharges shall not apply to wholesale users or to their customers unless ' provided in the contract between the City and the wholesale user. If the surcharges are to be applied, they shall become effective for each customer of the wholesale user as soon as the wholesale user can read that customer's meter. The surcharges prescribed by emergency resolution shall be collected by the whole - sale user in its billing cycle and passed on directly to the City. Nothing in this ordinance shall prevent the wholesale user from assessing an additional surcharge to defray its own expenses. 3. Rationing shall not apply directly to customers of wholesale users unless provided in the contract between the City and the wholesale user. Otherwise, each wholesale user shall be rationed to the total amount of water to which its individual customers would be entitled under the emergency resolution. 4. Any restriction, surcharges, or rationing adopted under authority of this ordinance shall be applied uniformly to the City's retail customers and to such wholesale users and /or their customers as may be applicable. SECTION 10: DURATION OF RESTRICTIONS. All restrictions contained in this ordinance shall remain in effect until terminated by further Council action, unless, at the time the Council initiates the restrictions, or at a subsequent meeting: 1. The Council sets a specific time limit, or 2. The Council delegates authority to the City Manager to terminate the restrictions at his discretion. SECTION 11: PROCEDURAL REQUIREMENTS. The Council may initiate and terminate water usage emergencies and accompanying restrictions by means of simple motions recorded in the minutes, so long as the intent of the action is made clear. Any rules requiring reading at two or more meetings are automatically suspended for all actions authorized by this ordinance. ' SECTION 12: PENALTIES. Any person, firm, or corporation violating any provision of this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or is permitted to continue. 310 In addition to the fines, the City may terminate water service to any user for violations of this ordinance. Reconnection may be made only after the user pays all outstanding bills and fines, plus a $10.00 service charge. Reconnection of a commercial or recreational user may be postponed by the City if, in the opinion of the City, such postponement is necessary to conserve water in an acute emergency. The City also, may at its option, install a flow restricter in the service line of any user violations of this ordinance. Such restricter may be set at any amount of flow equal to or larger than the amounts listed in Section 5 of this ordinance. The City may charge the user for the cost of the flow restricter; including installation, and may disconnect service for failure to pay for this item. SECTION 13: VALIDITY. All ordinances or parts of ordinances in conflict herewith are hereby repealed. If any section or provision of this ordinance, or the application of same to any person or set of circumstances is invalidated or rendered unenforceable by a court of competent jurisdiction, such judgement shall not affect the validity of any remaining parts of the ordinance, which can be given effect without the invalidated part or parts, or their application to other persons or sets of circumstances. SECTION 14: EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication of the caption only as provided by law. PASSED AND APPROVED by the City Council ofthe City of Nederland this the da^ dayof &doker , 19�2k. lHomer E. Nagel, Mayor — V City of Nederland, Texas ATTEST: �U�.VOt/trs ��C.,�,Clrnr� LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: chard D. Hughes, Cit Attorney City of Nederland, Texas hi CITY OF NEDERLAND RESOLUTION 1996 -29 A RESOLUTION MANDATED BY THE TEXAS WATER DEVELOPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND PROVIDING THAT THE CITY OF NEDERLAND WILL SUBMIT AN ANNUAL REPORT TO THE TEXAS WATER DEVELOPMENT BOARD. WHEREAS the City Council of the City of Nederland that the City of Nederland will submit an annual report to the Texas Water Development Board as follows: Subiect: Water Conservation Program, including specifically (a) program implementation progress, (b) public response, and (c) other topics as may be prescribed periodically by the Texas Water Development Board. Schedule: Once per year, for the first three years after loan issuance, or until otherwise released by the Texas Water Development Board. Report shall be submitted on or before sixty (60) days after each anniversary of loan closing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: ' The City of Nederland will provide such additional information and responses which may be required by the Texas Water Development Board following review of said report. PASSED AND APPROVED by the City Council ofthe City of Nederland this the aS day of nd b 60-x- 19�. I-lomer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City torney City of Nederland, Texas 311 312 CITY OF NEDERLAND RESOLUTION 1996 -30 A RESOLUTION MANDATED BY THE TEXAS WATER DEVELOPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND IMPLEMENTING THE EDUCATION AND INFORMATION PROGRAM AS PRESCRIBED IN THE WATER CONSERVATION PLAN. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the Education and Information Program, as prescribed in Section II.A of the Water Conservation Plan as submitted previously to the Texas Water Development Board, will be carried out in the following manner and according to the following schedule: Manner: Distribution of education and information materials at City Office Building. Schedule: No less>than twice a year by the manner desgibell above until all indebtedness to the Texas Water Development Board is paid in full, unless otherwise released by the Texas Water Development Board, with distribution periods selected so as to precede periods of high water usage. New Customers: At time of application or connection. PASSED AND APPROVED by the City Council ofthe City of Nederland this the o28 day of ndpber , 19 R(< . ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: %chard D. Hughes, Cit Attorney City of Nederland, Texas Omer E. Nagel, Mayor City of Nederland, Texas ' CITY OF NEDERLAND RESOLUTION 1996 -31 l A RESOLUTION MANDATED BY THE TEXAS WATER DEVELPMENT BOARD AS A CONDITION OF RECEIVING FUNDS FROM THE STATE REVOLVING FUND. WHEREAS, in order to obtain a loan grant from the Texas Water Development Board (TWDB) for improving existing sewage collection and treatment facilities, the City of Nederland was required to submit a Water Conservation Plan to the TWDB; and, WHEREAS, said Water Conservation Plan includes various drought contingency measures for the City to implement in the event of actual or impending water shortages from various causes; and, WHEREAS, said Water Conservation Plan also includes a set ofguideline policies referred to as trigger conditions, which will result in action by the City Council and /or the City Manager, to declare an emergency and to take appropriate action; WHEREAS, said guideline policies have been approved by the TWDB subject to certain modifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXS: 1. The City hereby adopts said guidelines. 2 The City will monitor its water usage patterns, and if necessary parameters such as rates of water usage, water level in tanks, and/or pressures in distribution system, along with durations of such parameters, in order to verify the appropriateness of said guidelines. 3. The City will revise and /or supplement said guidelines as required on the basis of monitoring. 4. The City will use all due judgement in implementing drought contingency measures. 5. The City will keep all necessary records of the actual use, if any, of drought contingency measures. 6. The City will modify the guidelines as necessary on the basis of experience. 7. The City will, if appropriate, submit any revisions to the TWDB. PASSED AND APPROVED by the City Council of the City of Nederland this the ' day of Ooia%rr , 19g(p_. Homer E. Nagel, Mayor City of Nederland, Texas :31 `3 ATTEST: q .Lmnr"n \ XY.(� gd LaDonna Floyd, City Secretary City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: chard D. Hughes, Cig Attorney City of Nederland, Texas :31 `3 314 CITY Or NEDERLAND ' RESOLUTION NO. 1996 -33 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 ATTACHED 1996 TAX ROLL THIS ,22 DAY OF 1996. CITY OF NEDERLAND Homer E. Nagel, Mayor I ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City 61torney , 1� III I, i r r a r r r r- c m q < t� -c N w C W c W w C C .b r m A c otaN p m W r z r- m� A b C7 C T C7 A- -1 r to a m 3 Y n n N .c wJ V 0 o c In U c W C o c I m m m m -1 -r -1 -1 twee +nom -jLn -1 N i n)otna i b o b o b Cf Q Q 0 0 T =fir. m m m m ^7 -1 •4 -1 m m m m a A D a 2 2 2 a a a a 2 3 2 3 Ut N N h W W .o 0 o to co a O o 0 o a o 0 0 0 0 r c o x -n c M L'7l C A G on r r! m -c � C rf rT C rte c -. y l7 3 rn c A C ol+ r - m a A a •U t tb t o � A a z 0> m M jo x oaocaocticrx�l < of �.Daa ma +m a a-r W ma3 m m rnma�nmx -oY C 0 -1 C w O� t7 -1 -• �kn m p> - 4>ma<Y al a m x m 0 3� A tai cyoaA -+Mr x. Mcmx—oar ozzrmzmr* -1 -I m (nN r N w to a a m W 0 c rV W W N rJ C� A U b 0 •J I'C, -J o o o a o 0 Q 7 < C m n :;Q n 0 :m - tn n 1 3 A C a w m N • a 1 to v �o i M o a -+ m a c� r <ro D D r X C n mm r N .a, W -J M C •D Ul M Ln ch b I11 rJ w l� n o ••y t� O W n --1 -C O z m 0 M r D x a CITY OF NEDERLAND RESOLUTION 1996 -32 WHEREAS, the City of Nederland has been awarded a Texas Community Development Grant for $250,000.00 from the Texas Department of Housing and Community Affairs, Contract #716591, and ' WHEREAS, this Grant will be utilized with $360,450.00 of local funds to provide improvements to the City's sewer system in the Wagner neighborhood, and WHEREAS, certain documents will need to be signed by authorized persons, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the below listed individuals are designated by the City Council as authorized signatory for the following contractual documents: 1. STATE OF TEXAS PURCHASE VOUCHER: a. Andre Wimer, City Manager b. LaDonna Floyd, City Secretary 2. REQUEST FOR ADVANCE OR REIMBURSEMENT: a. Andre Wimer, City Manager b. LaDonna Floyd, City Secretary PASSED AND APPROVED this a7 ? day of 0r foACe- 1996. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, City Attorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 u 1 r— 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 11, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Sawyer to approve the minutes of the previous meeting of October 28, 1996 as written. All Voted Aye. LIEN A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a settlement for labor liens with Shirley Navy, Lots 1 -3, Block 3, Clayton Addition in the amount of $2,146.00, contingent upon this amount being funded to the City of Nederland. All Voted Aye. GRIEVANCE Kevin Jones, President of the Nederland Police Officers' Association, and Stephen Carnes, Attorney for the Association, addressed the Council regarding Grievance No. 96 -01 filed on behalf of the Association. The grievance concerns Resolution 1996 -27 which was recently approved by the Council amending the policy of paying retirees' health insurance. Mr. Carnes stated that by amending the practice of paying retirees' health insurance until age 65 benefits were taken away from the members of the Association, which they feel is in direct violation of their contract. They are requesting that this resolution be rescinded as it applies to Association members until such time as it can be brought back to the bargaining table next year. Andre' Wimer, City Manager, stated that due to the City Attorney's absence he would suggest that no action be taken on this matter until such time as the Mr. Hughes can further review the situation. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action regarding Grievance 96 -01 as submitted by the Nederland Police Officers' Association. All Voted Aye. 31S Minutes continued, November 11, 1996 ORDINANCE Andre' Wimer, City Manager, stated that Ordinance No. 1996 -13 is necessary ' to issue the initial $5 million Certificates of Obligation for the wastewater system improvements. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Ordinance No. 1996 -13, authorizing the issuance of city of Nederland, Texas tax and subordinate lien revenue Certificates of Obligation, Series 1996; and levying an ad valorem tax; ratifying distribution of a Preliminary Official Statement; approving distribution of an Official Statement; pledging certain net revenues; authorizing the execution of a Transfer and Paying Agency Agreement; and other matters in connection therewith. All Voted Aye. CITY OFFICE Andre' Wimer, City Manager, informed the Council that staff is recommending BUILDING approval of four (4) change orders on the City Hall roofing project. The change orders are for the following: 1) 4 - a/c unit curbs - $1,000.00; 2) 3 - roof fan extensions - $400.00; 3) flashing @ front of parapet wall - $200.00; and, 4) re -roof remainder of fire station - $6,000.00. A motion was made by Councilman Sawyer and seconded by Councilman , Daughtry to approve Change Orders Nos. 1 -4, City Office Building roof replacement project in the amount of $7,600.00. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to award bids received for one (1) new vehicle for the Police Department to Philpott Ford, Port Neches, TX in the amount of $16, 793.00. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to award bids received for re- surfacing of the swimming pool at Doornbos Park to Quality Pools, Pasadena, TX in the amount of $37,287.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for one (1) garbage truck for the Sanitation Department to Rittiner Environmental, Inc., Houston, TX in the amount of $122,576.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent authorizing advertisement of bids for street sweeping services for the I cities of Nederland and Port Neches. All voted Aye. 1 Minutes continued, November 11, 1996 RESOLUTION A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1996 -34, mutual aid agreement with Orange County Emergency District No. 1. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of October, 1996. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:01 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071 - Helen Serres vs. City of Nederland, and GSU rate case; and Chapter 551.072 - discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 8:02 by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIAL'S Andre' Wimer, City Manager, reported that all necessary documents should COMMENTS be completed by the next meeting in order to accept the Water Treatment Plant. Mr. Wimer informed the Council that an organization called "Coalition for Community and Economic Development" is being formed by 4A and 4B sales tax cities. The Legislature is attempting to saddle these cities with restrictions which would reduce local control and home rule authority. There will be an organization meeting at the TML offices on November 22, 1996. Mr. Wimer suggested that it might be beneficial that a representative from Nederland attend this meeting. Mayor Nagel thank the City staff for their quick action in removing signs at various locations throughout the City. ADJOURN There being no further business the meeting was adjourned at 8:06 p.m. by Mayor Nagel. IATTEST: -4 i �2S ,UQr a �,L )L44 LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 3.1 CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Winter City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ayor l u0 ! C x�,Q( City Secretary Date 1 U 1 CITY OF NEDERLAND RESOLUTION 1996 -34 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING ENTERING INTO AN AGREEMENT TO PROVIDE MUTUAL AID FIRE PROTECTION BETWEEN THE CITY OF NEDERLAND AND ORANGE COUNTY EMERGENCY DISTRICT NO. 1. WHEREAS, in order to protect the health, welfare and safety of the citizens of the City of Nederland, the City Council has determined that it would be beneficial to enter into an agreement to provide mutual aid fire protection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the City Council of the City of Nederland hereby authorizes entering into an agreement to provide mutual aid fire protection between the City of Nederland and Orange County Emergency District No. 1. PASSED AND APPROVED this the /t day of acse,-dmA 1996. ATTEST: (40, -us C � Z� LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas Homer E. Nagel, g Mayor City of Nederland, Texas 321 322 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 25, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the previous meeting of November 11, 1996 as written. All Voted Aye, GRIEVANCE Kevin Jones, Nederland Police Officers' Association President, and Steve Carnes, Attorney, addressed Council relative to Grievance No. 96 -01 which was discussed at the November 11, 1996 Council Meeting. They were still of the opinion that the payment of retirees' insurance until age 65 is a benefit ' and cannot be changed unless negotiated during bargaining sessions. Richard Hughes, City Attorney, stated that after reading the entire contract between the City and the Police Officers' Association he was of the opinion that the City did not violate the existing contract by changing the method of paying retiree's insurance. He added that the contract does give the City the authority to change policies. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny Grievance No. 96 -01 as submitted by the Nederland Police Officers' Association. All Voted Aye. LICENSES, A motion was made by Mayor Nagel and seconded by Councilman Nugent to PERMITS & FEES 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 Broussard dba Pizza Inn 6. Albert Ramirez dba Taco Rey L I 1 Minutes continued, November 25, 1996 7. Constantine Megas dba The Schooner 8. Joseph V. Tortorice, Jr. dba Novrozsky's 9. Sal Carfi dba Italian Restaurant and Flying Pizza All Voted Aye. INVESTMENT Cheryl Dowden, City Treasurer, reviewed the Quarterly and Annual REPORTS Investment Reports. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to accept the Quarterly and Annual Investment Reports as submitted by the Finance Department. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1996 -35, anticipating the operation of proposed rate schedules filed by Entergy Gulf States Utilities, Inc., providing for participation with other cities reviewing such request, and ratifying selection of attorneys and consultants. All Voted Aye. ORDINANCE Andre' Wimer, City Manager, explained that after the recent meeting with the Environmental Protection Agency it has become necessary to establish a new utility rate ordinance. This ordinance provides for a $50 /1,000 gallon sewer rate increase as requested by E.P.A. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1996 -14, establishing water and sewer rates, water meter deposits, water and sewer connection fees, water and sewer maintenance fees and garbage rates, and providing for the addition of state mandated sales tax to the garbage portion of the rate, inside and outside the City of Nederland. All Voted Aye. LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize the submission of a grant application to The Meadows Foundation. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the submission of a grant application to the Roy and Christine Sturgis Charitable and Educational Trust. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the submission of a grant application to the J. Frank Dobie Library Trust. All Voted Aye. 323 324 Minutes continued, November 25, 1996 PARKS & A motion was made by Mayor Nagel and seconded by Councilman Sawyer to , RECREATION authorize the submission of a grant application to the Hebert Foundation. All Voted Aye. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. in the amount of $1,363.00 for engineering services associated with the West Chicago Avenue project. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Schaumburg & Polk, Inc. in the amount of $10,311.47 for engineering services associated with the wastewater system improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Tischler & Kocurek in the amount of $80.00 for engineering services associated with the wastewater system improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry , to authorize payment to Neches Engineers in the amount of $3,445.40 for engineering services associated with the roof replacement of the City Office Building. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:10 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Helen Serres vs. City of Nederland, and GSU rate case; and Chapter 551.072, to discuss acquisition, exchange, and /or release of property. RECONVENE The regular meeting was reconvened at 7:46 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre Wimer, City Manager, reported on a meeting held last week in Austin COMMENTS regarding the forming of a coalition of cities to maintain the current application of 4A and 4B sales tax. It appears there will be bills filed with the Legislature to further regulate these sales tax proceeds. The cost for ' Nederland to join the coalition will be $1,200 /year and will require the adoption of a Resolution. The Council directed the City Manager to place this item on the next agenda for further review. Minutes continued, November 25, 1996 I ADJOURN There being no further business the meeting was adjourned at 7:55 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas I I 1 Homer E. Nagel, Mayor City of Nederland, Texas 325 326 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 Joe Daughtry Councilman Ward 2 Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent Councilman Ward 4 Andre Wimer City Manager LaDonna Floyd City Secretary V/ Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Kelly Galloway Asst. to City Mgr. V/ Steve Hamilton Public Works Dir. ✓ Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian ✓ z � �-a �- � ZA Z4 Mayor &��Ld City Secretary I i -a5 9�n Date t 0 32 CITY OF NEDERLAND RESOLUTION NO. 1996 -35 ' A RESOLUTION OF TIIE CITY OF NEDERLAND, TEXAS, ANTICIPATING THE OPERATION OF PROPOSED RATE SCIIEDULES FILED BY ENTERGY GULF STATES, INC.; PROVIDING FOR PARTICIPATION WITII OTHER CITIES REVIEWING SUCH REQUEST; RATIFYING SELECTION OF ATTORNEYS AND CONSULTANTS. WHEREAS, the City of Nederland is a regulatory authority under the Public Utility Regulatory Act (PURA) and has original jurisdiction over the rates of Entergy Gulf States, Inc. (GSU); and WHEREAS, GSU has announced that on November 27, 1996, pursuant to PURA Section 2.212, it will file with the Public Utility Commission and with Cities exercising original jurisdiction which will include a fuel factor increase and a request to surcharge prior fuel costs; and WHEREAS, it is in the public interest to join with other proposed Cities to review GSU's filing and information pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. Subject to the right to terminate its participation at any time by written notice and to act independently in the exercise of local regulatory authority, the City of Nederland, hereby joins with other Cities served by GSU to file Requests for Information (RFIS) in order to develop recommendations for rate ordinances and participate in proceedings before the local regulatory authorities, PUC and Courts in defense of the ordinances; 2. The City of Nederland ratifies the authority of its City Attorney and the GSU Cities Steering Committee to select and supervise the law firm of Butler, Porter, Gay and Day, DUCI, and other qualified consultants to represent and advise the Steering Committee and the Cities concerning GSU's rate request, the filing of Requests for Information and participation before the local regulatory authorities, PUC, and the Courts; and 3. The Secretary of the City of Nederland is hereby directed to deliver a copy of this Resolution to GSU. PASSED AND APPROVED this theZ�r day of 7 -1t7tX l/) 1996. 6. Homer E. Nagel, MayorV City of Nederland ATTEST: `LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney 328 CITY OF NEDERLAND ORDINANCE NO. 1996 -14 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL FEES, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE- CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 155. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Reeulations. 1. This ordinance, when effective, will repeal City of Nederland Ordinance No. 155. 2. All other ordinances and/or regulations governing City of Nederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City of Nederland, State law, and /or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage /trash services as provided by the City of Nederland. 3. For the purpose of this ordinance, the term "customer" shall mean the person responsible for payment and /or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and /or business required to or desiring to obtain water service from the City of Nederland shall make application on a form supplied by the City. The application shall include: a) name of the individual to be responsible for the payment of utility service; b) the social security number of the individual responsible for payment; c) the driver's license number; d) the applicant's employer; e) the applicant's work telephone number; t) address to be served; g) address, if different from the service address, to which bills are to be sent; h) home telephone number; and, i) the signature of the individual responsible for payment. 2. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the City. 1 1'. t 5. If approved by the City, additional water services may be provided to residences and /or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Tans. I. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. ' 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and /or does not endanger the existing water line and/or water system, the City shall provide all materials, labor and equipment to tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside Outside City City 3/4" Meter (water usage only) $ 100.00 $ 150.00 3/4" Water Tap 240.00 360.00 1" Water Tap 300.00 450.00 1 '/" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap Cost + 20% 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Paps. 1. The City reserves the right to tap existing City sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the City. If said ' request, in the City's opinion, is beneficial to the City and /or does not endanger the existing sewer line and /or sewer collection system, the City shall provide all materials, labor and equipment to tap the existing sewer line. 3. The City shall make the final determination as to the location of the sewer tap. 3�9 ' SECTION 4. Installation of Service. I. No private service lines shall be connected or tapped to any City water line unless a meter is installed by the City at that connection. 2. No private service lines shall be connected to any City sewer line unless the connection/tap has been made and /or approved by the City. 3. Not more than one (1) premise may be connected to any one (1) water and /or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and /or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Tans. I. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. ' 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and /or does not endanger the existing water line and/or water system, the City shall provide all materials, labor and equipment to tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside Outside City City 3/4" Meter (water usage only) $ 100.00 $ 150.00 3/4" Water Tap 240.00 360.00 1" Water Tap 300.00 450.00 1 '/" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap Cost + 20% 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Paps. 1. The City reserves the right to tap existing City sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the City. If said ' request, in the City's opinion, is beneficial to the City and /or does not endanger the existing sewer line and /or sewer collection system, the City shall provide all materials, labor and equipment to tap the existing sewer line. 3. The City shall make the final determination as to the location of the sewer tap. 330 4. The sewer connection fees are as follows: SECTION 7 Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: Inside Outside City I City 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 SECTION 7 Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: SECTION 8. Application of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - Outstanding Balance. I. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in fill in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following rates shall be charged for water service: Inside Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1 %2" Water Meter 200.00 200.00 1 3/4" Water Meter 250.00 250.00 2" and larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, an applicant shall be required to pay an additional deposit to the City in accordance with the following schedule: Additional Garbage Container $ 75.00 SECTION 8. Application of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - Outstanding Balance. I. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in fill in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following rates shall be charged for water service: *Except as required by provisions of outside City contracts Inside Outside City City First 2,000 Gallons (Minimum) $ 6.50 $ 10.50 Each additional 1,000 gallons* 2.00 3.75 Water Line Maintenance per 1,000 gallons .25 .25 *Except as required by provisions of outside City contracts ' SECTION 11. Sewer Rates. The following rates shall be charged for sewer service Inside Outside City City First 2,000 Gallons (Minimum) $ 7.70 $ 13.40 Each additional 1,000 gallons* 1.40 2.05 Sewer Line Maintenance per 1,000 gallons .25 .25 *Except as required by provisions of outside City contracts SECTION 12. Garbaee Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 13.65 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law existing at the time of the sale. SECTION 13. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. Iffull payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Article 1446c -2 of the Revised Civil Statutes of Texas, the ten percent (10 %) penalty shall not be applied to persons age 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinquency - Termination of Service. I. If full payment is not received by the City by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the ten percent (10 %) penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be delivered to the customer's premises on the Friday following the due date indicating that services shall be disconnected on the Monday immediately following the issuance of such notice. ' SECTION 15. Re- connection Charges. 1. Should utility service be discontinued due to non - payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. The re- connection fee shall be $5.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). The re- connection fee shall be $45.00 if reinstatement of utility service is requested after working hours. 33� 2. Should service be discontinued, the City shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. I 3. Should any person turn on water service, after the City has discontinued the service for non- payment, such action shall be considered a criminal offense. 4. Should a customer or any other person be repeatedly disconnected due to non - payment, the City ' may require the following: a. Payment for the delinquent bill in the form of cash, money order, and /or cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and /or cashier's check for all future utility billings. SECTION 16. Transfer Tee. 1. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the City's utility service system. When requesting a transfer, the customer shall pay the amount due on the current service in addition to the transfer fee. SECTION 17. Returned Cheek Tees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial institution due to, but not limited to, insufficient funds and /or closed account shall be assessed a $25.00 fee. 2. The City may, at the request ofthe customer, re -run the check. Ifthe check is accepted, the fee shall be waived. However, if the check continues to be returned, the City shall require that the ' bill be paid by cash, money order, or cashier's check. 3. The City retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the error of a financial institution, the financial institution shall submit written verification of such error. ]n this situation, the fee shall be waived. 5. Should a customer have more than three (3) checks returned due to insufficient funds and /or closed account within a period consisting oftwelve (12) consecutive months, the City shall no longer accept checks from that individual. All payments shall subsequently be made in the form of cash, money order, and /or cashier's check. SECTION 18. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required. However, a minimum billing, $28.97, shall be assessed in advance of initiating this service. 2. The duration of such temporary service shall not exceed ten (10) calendar days. 3. In the event that water usage during this time exceeds the amount of the minimum billing, the customer shall be billed for the additional usage. SECTION 19. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the City. The City shall exercise care in the delivery of utility bills, but is not responsible for the service provided by the United States Postal Service. 2. 333 2. Failure to receive a bill shall not relieve the customer for payment of service received within the 3. prescribed period nor exempt him/her from the responsibility imposed for delinquency accounts. SECTION 20. Deferred Payments. 4. 1. The City Manager and /or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the City prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the City prior to the issuance of a disconnection notice, he /she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the City may develop a payment schedule which shall be documented on a form supplied by the City. This form shall include, but not be limited to, the following information: a) dates of future payments; b) amounts of future payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the City abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be ' permitted to establish additional payment schedules until full payment has been received on the initial/existing payment schedules. SECTION 21. Hardships. I. The City Manager and /or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted based upon an average of the three (3) highest bills during the previous twelve (12) month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding twelve (12) months. Any adjustment to the cost ofwater shall only be made ifthe customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a hardship be granted if the City notified the customer of a potential water leak on his/her property. SECTION 22. Turning on Water. 1. It is unlawful for any person to turn on water to any premises from the City water system without first obtaining approval from the City. 2. It is unlawful for any person to connect water service to a premises after service has been ' terminated by the City. 334 SECTION 23. Trash Removal Rates. 1. Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and /or debris during, before,! and /or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the City. 2. Miscellaneous trash and/or debris from empty (undeveloped) property must be hauled off by the owner or developer at their expense. 3. The City will provide collection oftrash to customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. 4. Should an owner of property within the City request the removal of trash, the City may do so at a cost of $4.50 /cubic yard. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the City dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and /or individuals /companies hired by the property owners. SECTION 24. Validation. 1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect January 1. 1997 . PASSED AND APPROVED by the City Council ofthe City of Nederland, Texas at a regular meeting this the o15 day of 4_, 193L, ATTEST: LaDonna Floyd, � Secretary City of Nederland, Texas APPROVED AS TO CORM AND LEGALITY: Richard D. Hughes, City ttomey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 335 6:00 p.m. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 9, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Nugent and seconded by Councilman Daughtry to approve the minutes of the previous meeting of November 25, 1996. All Voted Aye. COALITION FOR A motion was made by Councilman Daughtry and seconded by Councilman COMMUNITY Sawyer to approve Resolution 1996 -36, supporting the creation of, and the AND ECONOMIC participation in, a coalition of cities to support and defend the 4A and 4B sales ' DEVELOPMENT tax. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an Interlocal Agreement with mutually interested parties by becoming a "joining city" member of the Coalition for Community and Economic Development to work cooperatively to defend the additional sales tax and other measures to encourage economic development. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to appoint Councilman Nugent to serve as the City's representative to the Coalition for Community and Economic Development. All Voted Aye. CITY FACILITIES A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the Nederland Bulldog Booster Club to use City facilities located at the Warehouse, 515 Hardy Avenue, for their annual fundraiser. All Voted Aye. ENTERGY /GSU Richard Hughes, City Attorney, stated that Entergy /Gulf States Utilities, filed ' necessary rate documentation with all affected cities on November 27, 1996, and the Steering Committee is recommending that a resolution be approved suspending the proposed rate increase for 90 days in order for the Committee to investigate and review the documents. He added that it is anticipated that a Joint Public Hearing will be conducted on the matter. 33b Minutes continued, December 9, 1996 John Oliver, Entergy /GSU Customer Service Manager, addressed Council relative to the recent rate filing. He stated that the main reason for the increase request is due to unanticipated fuel cost increases from July, 1995 through June, 1996. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1996 -37, suspending the operation of proposed rate schedules filed by Entergy /Gulf States Utilities, Inc. for a period of 90 days beyond the date such schedules would otherwise go into effect, providing for participation with other cities reviewing such request, ratifying selection of attorneys and consultants. All Voted Aye. CITY OFFICE Andre' Wimer, City Manager, informed Council that it has become necessary BUILDING to have two change orders on the roofing project of City Hall. Change Order No. 5 in the amount of $950.00 is to add a roof drain over the City Office Building with conductor head and downspout, and Change Order No. 6 in the amount of $200.00 is to add extra ply of cap sheet for walkway at the air conditioning units. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Change Order No. 5 in the amount of $950.00 and Change Order I No. 6 in the amount of $200.00, City Office Building roof replacement. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment of the bills for the month of November, 1996. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:40 p.m. by Mayor Nagel for the purpose SESSION of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, discuss GSU rate case; and, Chapter 551.072, discuss acquisition, exchange, and/or release of property. RECONVENE The regular meeting was reconvened at 7:10 p.m. by Mayor Nadel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, reported that only one (1) bid was received for , COMMENTS the street sweeping services for Nederland and Port Neches. Mr. Wimer and City of Port Neches staff will be reviewing the bid prior to making a recommendation. Minutes continued, December 9, 1996 Mr. Wimer informed the Council that garbage containers will be located ' behind City Hall, December 24 -26, 1996 and at the Warehouse December 24- 30, 1996. A Christmas tree disposal location will be provided at the Warehouse. Mayor Nagel stated that R. A. Mannino has resigned his position on the Zoning Board of Appeals due to relocating outside the City. Councilman Sawyer will need to appoint a representative from Ward 1 to fill the unexpired term of Mr. Mannino. Councilman Nugent reported that once again the posting of signs on utility poles and rights -of -way is getting out of control and removal should be initiated as soon as possible. Councilman Nugent also reported water standing on Helena Avenue in front of Helena Elementary School. ADJOURN There being no further business the meeting was adjourned at 7:15 p.m. by Mayor Nagel. 1 ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 337 338 CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET Name Title Present Absent Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 r/ Joe Daughtry Councilman Ward 2 ✓ Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 / Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. / Rod Hatch Building Official Jim Weaver Parks Director Victoria Klehn Librarian V/ Mayor City Secretary ra-a -g Date 1 1 339 b. Monitor tax abatement legislation and oppose any further restriction upon municipal sales tax authority. c. Identify and promote "best practices" resulting from economic development experiences. SECTION 3: The City of Nederland supports the following strategies for the coalition: a. Obtain approval of purpose and strategy by each city's Council. b. A steering committee will be comprised of a Council member from each city, with city managers and economic development directors serving as ' ex- officio members. Each city shall have one vote. c. Invite other cities to join the coalition. d. Adopt a position paper. CITY OF NEDERLAND 1 RESOLUTION 1996 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUPPORTING THE CREATION OF AND PARTICIPATION IN A COALITION OF CITIES TO SUPPORT AND DEFEND THE 4A AND 4B SALES TAX WHEREAS, the 4A and 4B sales tax corporations have provided hundreds of Texas cities a powerful tool for improving the quality of life and financial security of their citizens through economic development; and WHEREAS, existing laws governing use of sales tax revenues not only uphold local control, but sufficiently restrict the use of non - economic development related projects; and WHEREAS, legislation has been proposed to further restrict uses and to increase State controls and reporting requirements over the 4A and 4B sales tax and municipal tax abatement authority; and WHEREAS, the implementation of these restrictions, rules, and reporting requirements would erode local control and home rule authority in the area of economic development, create inequities among Texas cities, and decrease the ability of Texas communities to compete with other states for development projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1: The City of Nederland supports the creation of and authorizes participation in a coalition of sales tax and sales tax eligible cities to work cooperatively to defend the sales tax and other measures utilized by Texas cities to encourage economic development in their communities. SECTION 2: The purpose and goals of the coalition are recognized as follows: a. Actively oppose legislation that reduces local control of the 4A and 4B sales tax receipts. b. Monitor tax abatement legislation and oppose any further restriction upon municipal sales tax authority. c. Identify and promote "best practices" resulting from economic development experiences. SECTION 3: The City of Nederland supports the following strategies for the coalition: a. Obtain approval of purpose and strategy by each city's Council. b. A steering committee will be comprised of a Council member from each city, with city managers and economic development directors serving as ' ex- officio members. Each city shall have one vote. c. Invite other cities to join the coalition. d. Adopt a position paper. 34© encourage state -wide organizations such as TML and TEDC e. Attempt to � g to support the coalition's activities or be neutral on 4A or 4B legislation. f. Hire a legislative liaison. PASSED, ADOPTED AND APPROVED THIS the q_ day of �(t or isu 1996. Home�7omer Na Za4yor Mayor City of Nederland, Texas ATTEST: LaDo�0^ City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 CITY OF NEDERLAND RESOLUTION 1996 -37 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY ENTERGY GULF STATES, INC. FOR A PERIOD OF NINETY (90) DAYS BEYOND THE DATE SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT; PROVIDING FOR PARTICIPATION WITH OTHER CITIES REVIEWING SUCH REQUEST; RATIFYING SELECTION OF ATTORNEYS AND CONSULTANTS. WHEREAS, the City of Nederland is a regulatory authority under the Public Utility Regulatory Act (PURA) and has original jurisdiction over the rates of Entergy Gulf States, Inc. (GSU); and WHEREAS, GSU on November 27, 1996, pursuant to PURA Section 2.212, made a filing with the Public Utility Commission and with cities exercising original jurisdiction which such filing includes a fuel factor increase and a request to surcharge prior fuel costs; and WHEREAS, the schedule of rates proposed by GSU should be suspended for a period of ninety (90) days from the effective date stated in GSU's Statement of Intent as initially filed or hereafter revised, for further review and investigation; and WHEREAS, it is in the public interest to join with other cities to review GSU's filing and to present argument and evidence as may be appropriate before the local regulatory authorities and Public Utility Commission (PUC); and WHEREAS, certain local regulatory authorities have heretofore initiated a review of GSU rates; and WHEREAS, GSU has agreed that any base rate reduction int his proceeding should be retroactive to June 1 1996, with interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The operation of the proposed rate schedules of GSU filed with the City of Nederland, on November 27, 1996, is hereby suspended for a period of ninety (90) days from the proposed effective date stated in GSU's Statement of Intent as initially filed or hereafter revised, for further review, investigation and public hearing; Section 2. Subject to the right to terminate its participation at any time by written notice and to act independently in the exercise of local regulatory authority, the City of Nederland, hereby joins the other cities served by GSU to conduct the review specified in this Resolution, develop recommendations for rate ordinances and participate in proceedings before the local regulatory authorities; PUC and Courts in defense of the ordinances; Section 3. The City of Nederland ratifies the authority of its city attorney and the GSU cities Steering Committee to select and supervise the law firm of Butler, Porter, Gay & Day, DUCT, and other qualified consultants to represent and advise the Steering Committee and the cities concerning GSU's rate request, the development of ordinances and participation before the local regulatory authorities, PUC, and the Courts; 342 Section 4. The Secretary of the City of Nederland is hereby directed to deliver a copy of this Resolution to GSU. PASSED r D ADOPTED by the City Council ofthe City of Nederland, Texas, tliis the _day of IV e r r, /Nn , 1996. ATTEST: �limn.., - rn( LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, tii7yAtorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 P.M. December 16, 1996 MEETING The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. QUORUM See attached. MINUTES A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve the minutes of the December 9, 1996 meeting as written. All Voted Aye. AGREEMENTS Andre' Wimer, City Manager, explained that the two industrial district agreements between the City and Unocal and Sun Pipeline Company are for renewal of the in -lieu of tax contracts. He added that the contracts are for a ' period of seven (7) years and provides that payments be made based upon 75% of fair market value of real property /improvements and 20% of fair market value of products. Ron James, Unocal, stated that the contract has been approved internally but will need to be sent to the main office in California for final approval. He anticipates no problem with the contract being approved. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve an industrial district agreement (in -lieu of taxes) with Unocal. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve an industrial district agreement (in -lieu of taxes) with Sun Pipeline Company. All Voted Aye. BANK A motion was made by Mayor Nagel and seconded by Councilman Nugent to DEPOSITORY approve a two (2) year extension of the depository contract with NationsBank of Texas, N.A., Nederland Banking Center. All Voted Aye. 343 344 Minutes continued, December 16, 1996 WASTEWATER A motion was made by Councilman Sawyer and seconded by Councilman PLANT Daughtry to approve an escrow agreement between NationsBank of Texas, IMPROVEMENTS N.A., Nederland Banking Center and the City of Nederland for $5 million Tax and Subordinate Lien Revenue Certificates of Obligation, Series 1996. All Voted Aye. SOUTHEAST Steve Buser, Southeast Texas, Inc., gave a presentation to the City explaining TEXAS, INC. the purpose of the organization. He stated that they are dedicated to the marketing of Southeast Texas in order to attract businesses to the area which would in turn provide jobs. Mr. Buser added that 1996 was a good year for economic development compared to the last few years. He thanked the City of Nederland for their continued support of Southeast Texas, Inc. DRAINAGE Mr. Wimer reported that two (2) proposals were received from Costello, Inc. for drainage studies. The first proposal involves analyzing and modeling the Main "B" system at an estimated cost of $80,000. The second proposal involves analyzing and modeling the Main "C" system at an estimated cost of $114,000. It is anticipated that each proposal would require 12 -14 months for completion. Mr. Wimer added that staff believes that the Main "B" study , should be initiated due to the situation in this area. This analysis would allow both the City and Drainage District No. 7 to remain within the amount of funds initially budgeted for the drainage study. The City Manager further stated that after speaking with Marvin Kebodeaux, D.D. No. 7, he stated that they will be considering this matter at their meeting on December 17th. Mr. Kebodeaux indicated that they would be willing to fund half ($40,000) of the study's cost. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the drainage study of Main "B" system contingent upon staffs approval of the contract with Costello, Inc. and approval by Drainage District No. 7 to participate. All Voted Aye. FIRE Andre' Wimer, City Manager, reminded Council that during negotiations PROTECTION between the City and the Firefighter's Union the issue was brought up regarding the large areawithin the County that Nederland is responsible to for fire protection as well as EMS calls. He, Chief Neal, and Chief Lovelady met with the fire chief of Beaumont and Port Arthur to discuss the issue of fire protection in unincorporated areas of the County. They both indicated that their long- standing policy of not providing fire protection beyond their city ' limits would not change. Mr. Wimer added that staff is recommending that we continue to provide services to our extraterritorial jurisdiction and the areas for which we have a contractual obligation. Chief Lovelady provided maps indicating the areas we currently are first -run respondents. Many of the areas take 10 -15 minutes to reach. Minutes continued, December 16, 1996 Mayor Nagel stated that many years ago the City of Nederland did agree to provide services to these outlying areas, but due to not only the growth of Nederland, but these areas as well, the impact on the safety of our own citizens has greatly increased. He agreed that we should continue to provide fire protection to our ETJ and those areas we are contractually obligated to. Richard Hughes, City Attorney, responded that we should provide a 30 -day notice to the County that we will be discontinuing the practice of being first run respondents for these unincorporated areas in the near future. This would provide them with some time to seek other alternatives, as well as the need to update the 911 System. Mr. Hughes stated that we should also notify the County that we will negotiate a new contract which could perhaps list the City of Nederland as backup if necessary. Mr. Wimer added that the South East Texas Regional Planning Commission indicated that it would take 5 -6 weeks to change the 911 first respondent status. Mayor Nagel suggested that we notify the County that we are anticipating terminating the agreement in the near future. ' The Council directed the City Manager to place this matter on the next agenda. CITY OFFICE A motion was made by Mayor Nagel and seconded by Councilman Nugent to BUILDING approve the following change orders for the City Office Building roof replacement project: Change Order No. 7 in the amount of $75.00 for cover for roof drain; Change Order No. 8 in the amount of $312.00 for pyrol decking over fire station; Change Order No. 9 in the amount of $144.00 for plywood ceiling in fire station; Change Order No. 10 in the amount of $227.50 for replacement of wood (2x4 nailer) around edges of fire station; and, Change Order No. 11 in the amount of $82.50 for fascia replacement on City Office Building for a total of $841.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to accept the roof repair project and approve payment in the amount of $58,697.00 to Liberty County Roofing. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve payment to Neches Engineers for services associated with the roof repair project in the amount of $4,835.58. All Voted Aye. 1 d45 34e Minutes continued, December 16, 1996 LICENSES, A motion was made by Mayor Nagel and seconded by Councilman Sawyer to PERMITS & FEES approve applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B. K. Hammerly dba American Legion Post 493 2. Irene Collins dba Irene's, 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. Joe Tortorice dba Novrozsky's 9. Sal Carfi dba Italian Restaurant and Flying Pizza All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to award bids received for street sweeping services for the Cities of Nederland and Port Neches to BFI, Nederland, TX in the amount of $9,755.91 for each quarterly sweeping service contingent upon approval by the City of Port Neches. All Voted Aye. , A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize the advertisement of bids for a hydroscopic for the Street Department. All Voted Aye. LICENSE TO A motion was made by Councilman Daughtry and seconded by Councilman ENCROACH Sawyer to approve a License to Encroach at 215 South Hwy. 69 and authorize the City Manager to sign the document. All Voted Aye. WATER Steve Hamilton, Director of Public Works, reported that due to the STORAGE TANK unsuccessful digging of well points no inspection has been performed on the tank at this time. He added that he is requesting quotes from several companies to perform the work for the City. EXECUTIVE Mayor Nagel announced that due to no new information on litigation or real SESSION property it will not be necessary to conduct an Executive Session. OFFICIAL'S The City Manager reported that they met with the Economic Development ' COMMENTS Corporation today requesting funds for Rienstra Park and that we were successful in obtaining funds. The park will be left in its natural setting with a minimum amount of improvements. Minutes continued, December 16, 1996 Mr. Wimer stated that formal interviews for the SSES project will be ' conducted the week of January 6, 1997. Richard Hughes, City Attorney, gave a brief overview of the Steering Committee meeting relative to the GSU rate case. He indicated that they believe this will be a lengthy case with issues being presented that never have been before, with the rate issue being placed in the background. Mr. Hughes stated the cities will need to see that the rates remain an important factor. Councilman Nugent gave a brief overview of the Coalition of Cities meeting held last week relative to the 4A and 4B sales tax issues. ADJOURN There being no further business the meeting was adjourned at 7:55 p.m. by Mayor Homer E. Nagel. IATTEST: Q LaDonna Floyd, City Secretary City of Nederland, Texas 1 omer E. Nagel, Mayor City of Nederland, Texas 347 3L+U CITY OF NEDERLAND , COUNCIL MEETING ATTENDANCE SHEET Name Title Present Ahu-nt Homer E. Nagel Mayor Robert D. Sawyer Councilman Ward 1 / Joe Daughtry Councilman Ward 2 / Mike Radcliff Councilman Ward 3 R.A. "Dick" Nugent 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 Kelly Galloway Asst. to City Mgr. Steve Hamilton Public Works Dir. Rod Hatch Building Official Jim Weaver Parks Director / Victoria Klehn Librarian Mayor City Secretary Imo- Ar 9�e Date 1 LJ