Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1999
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. January 11, 1999 MEETING The meeting was called to order at 3:00 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 Radcliff to approve the minutes of the December 14, 1998 meeting as written. All Voted Aye. GRIEVANCE A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone action regarding grievance by Charles Gallier due to illness of the union representative. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Steven Oubre, Mid and South Jefferson County Crime Stoppers, declaring January 18-23, 1999 as "Crime Stoppers Week" in Nederland. A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve a Proclamation declaring January 18-23, 1999 as "Crime Stoppers Week" in Nederland, Texas. All Voted Aye. WATER & SEWER A motion was made by Mayor Nagel and seconded by Councilman Sawyer to rescind the previous approval by the City Council regarding a water tap on Patillo Road for Salenga Construction. All Voted Aye. LIBRARY 1 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to notify the owner(s) of the water line on Patillo Road (outside the city limits and outside the city's extraterritorial jurisdiction) that they will have 30 days from today to conduct a pressure test on the water line, and that the City will be under no obligation to continue to deliver water services to the properties that are serviced by this line. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve an application to the Texas Infrastructure Fund Board (TIFB) for upgrading and adding computer equipment at the Marion and Ed Hughes Public Library. All Voted Aye. Minutes continued, January 11, 1999 ORDINANCE BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 164, changing the March 8, 1999 meeting to March 1, 1999. At Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for construction of a lab building at the Wastewater Treatment Plant to Brammer Construction, Nederland, TX, in the amount of $262,500.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the purchase of garbage containers from HGAC in the amount of $11,720.25. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the purchase of a boring machine from The Plank Company, Nederland, TX, in the amount of $6,999.00. At Voted Aye. MANAGEMENT A motion was made by Councilman Sawyer and seconded by Councilman INFORMATION Nugent to authorize the purchase of network hardware components in an SYSTEM amount not to exceed $22,323.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Mayor Nagel to approve the installation of the network system by Interface Business Systems, Inc., Beaumont, TX, in the amount of $13,600.00. All Voted Aye. RESERVOIRS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Change Order No. 1 in the amount of +$500.00, A -Way Tank Services, Inc., South 5th Street water storage tank rehabilitation. All Voted Aye. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize final payment to A -Way Tank Services, Inc. in the amount of $13,331.00, South 5' Street water storage tank rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Norman Highway Constructors, Inc. in the amount of $53,463.52, Wagner Addition wastewater collection improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Don S. Reichle & Associates in the amount of $4,143.35, South 5' Street water storage tank rehabilitation. All Voted Aye. 1 1 1 Minutes continued, January 11, 1999 REQUEST A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Safety, Inc. in the amount of $1,369.00, asbestos consultant work at the old Water Treatment Plant. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment of the bills for the month of December, 1998. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone considering the request from Dr. Ramesh Karia, 1818 - 26th Street, for a refund on water payments due to the absence of Dr. Karia. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:04 p.m. by Mayor Nagel for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Tompkins Construction Company v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 4:25 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, reported on the following: roof replacement of COMMENTS the Recreation Building and Pool Bathhouse scheduled to begin next week and the gym and racquetball court floors scheduled to begin March 15t; old library renovation is nearing completion; and, the work on the sewer line under Avenue H @ Main "B" Canal scheduled to begin January 18`h. Councilman Sawyer asked if the City has an agreement with Don S. Reichle & Associates to do ongoing inspections of the City's above ground water storage tanks. The City Manager responded that the City does not have an agreement at this time, but feels it is something we may want to consider in the near future. Mr. Wimer added that the City is waiting on a reply from TxDOT regarding who will pay for any necessary repairs to Nederland Avenue. 004 Minutes continued, January 11, 1999 ADJOURN There being no further business the meeting was adjourned at 4:35 p.m. by Mayor Nagel. ATTEST: L(lrr nme). C Oa tCd LaDon"na Floyd, City Secre ary City of Nederland, Texas .0O4��N-�9a'44 'RLP uinuuII Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden . Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Secretary i -(l•99 Date TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT ABSENT 005 006 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MARCH 1,1999 THROUGH APRIL 26, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: March 1, 1999 April 12, 1999 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: March 22, 1999 April 26, 1999 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 / 1 day of January, 1999. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto ey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 6:00 p.m. MEETING QUORUM MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 007 January 25, 1999 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. See attached. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the previous meeting of January 11, 1999 as written. All Voted Aye. ORDINANCE A motion was made by Councilman Nugent and seconded by Councilman Radcliff to postpone approval of Ordinance No. 1999-01, approving settlement of various cases and setting rates of Entergy Gulf States, Inc. in the City of Nederland, Texas, until a Public Hearing is held on February 8, 1999. All Voted Aye. PRESENTATION Mayor Nagel presented a watch to Mark Clayton in recognition of his retirement from the City. The Mayor commended Mr. Clayton for his dedicated service of 28 years to the citizens of Nederland. Mayor Nagel also commended Morris Meziere for his 31 years of service and explained that due to illness he was unable to attend the meeting. REQUEST Dr. Ramesh Karia, 1818 - 26th Street, addressed the Council to request a refund he feels he is owed for water billed but not actually used. Andre' Wimer, City Manager, explained that in 1997 City personnel discovered that Dr. Karia's sprinkler system meter was installed on the same line as the house meter, therefore, all water used went through both meters. Mr. Wimer added that apparently the plumbing contractor the Karia's used when building their home placed both taps on the same line. The City Manager also stated that it would appear that both meters would have shown the same water usage, but this was not the case. It would be impossible to determine which meter registered household water consumption. 008 Minutes continued, January 25, 1999 AUDIT Mayor Nagel suggested that the staff use the higher reading meter and refund Dr. Karia for the other meter. A motion was made by Councilman Nugent and seconded by Councilman Sawyer to instruct the staff to determine the amount of the refund and report the figure back to the Council for final approval. All Voted Aye. Rhonda Jones, Holliday, Lemons & Cox, P.C., gave a brief overview of the FY 1997-1998 annual audit. She commended city staff for their assistance in preparing the audit. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to accept the FY 1997-1998 audit as prepared by Holiday, Lemons & Cox, P.C. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman SEWER Sawyer to postpone action regarding the water line on Patillo Road. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:37 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and consultation with City Attorney regarding Newton Water Company matters; and, Chapter 551.074, consider grievance of Charles Gallier. RECONVENE The regular meeting was reconvened at 8:38 p.m. by Mayor Nagel. He announced that all items in the Executive Session were for informational purposes only, except the grievance. SSES A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Charles Gallier's grievance. All Voted Aye. Andre' Wimer, City Manager, reminded the Council that the recently approved Ordinance No. 1998-10 requires that defects identified on private service lines be corrected. Letters will be mailed to affected Minutes continued, January 25, 1999 property owners this week informing them that necessary repairs must be made to their lines, stipulating that all repairs be completed by June 25. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Daughtry to approve an agreement with the South East Texas Regional Planning Commission for operation of a regional 9-1-1 system. All Voted Aye. WAIVER LIBRARY A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a contract with Schaumburg & Polk, Inc. for analysis of the electrical system at the Water and Wastewater Treatment Plants in an amount not to exceed $4,900.00. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize the Jefferson County Mosquito Control District to fly planes low over the territory under the City of Nederland jurisdiction for mosquito control purposes. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize a "Food for Fines" project from February 8, 1999 to February 20, 1999. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an application to the Texas Library Association for a Texas Book Festival Award. All Voted Aye. STREET LIGHTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the installation of street lights at the following locations: 307 Royal Way and 1104 South 15 Street. All Voted Aye. PURCHASES A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the purchase of 317 composting bins from C. E. Shepherd Co. in the amount of $9,510.00 from a solid waste grant awarded to the Cities of Nederland, Port Neches, and Groves. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the purchase of a pickup truck for the Parks Department from HGAC in the amount of $15,252.19. All Voted Aye. Minutes continued, January 25, 1999 WASTEWATER A motion was made by Councilman Sawyer and seconded by TREATMENT Councilman Daughtry to approve Change Order No. 1 in the amount PLANT of -$30,040.00, Brammer Construction, Wastewater Treatment Plant lab building. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $11,217.79, Main "C" drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. in the amount of $835.14, Gayle Lane surveying services. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Kinsel Industries, Inc. in the amount of $28,480.00, sludge dewatering facility. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Norman Highway Constructors, Inc. in the amount of $84,164.22, Wagner Addition wastewater system improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to GISSCO in the amount of $148,770.00, water and wastewater plant demolition. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to T & N Laboratories, Inc. in the amount of $476.00, Wastewater Treatment Plant digestor demolition. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported on the following: 1. he met with COMMENTS officials from the Houston Post Office regarding a survey they will be conducting February 2-9, 1999, with the residents of the newly annexed area in Beauxart Gardens to determine if the majority desire to have their address changed to Nederland; 2. representatives from Alcoholics Anonymous contacted the City inquiring into the status of their lease agreement with the City because they are interested in installing a central heating and air conditioning unit if we feel the lease will be long term; 3. a Public Hearing will be conducting during the February 22nd meeting to discuss potential CDBG projects for 1999 and suggestions are welcome; and, 4. reminded the Council that the new telephone system will be installed Friday afternoon which will cause the City to be without telephone service for several hours. 1 1 1 011 Minutes continued, January 25, 1999 Mayor Nagel reminded all members of the Council to turn in their safety award forms before Friday. ADJOURN There being no further business the meeting was adjourned at 9:30 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas • Homer E. Nagel, Mayor City of Nederland, Texas 012 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden . Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET IPRESENT ABSENT TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager City Secretary a5 '9 Date 1 1 1 EXHIBIT D.3 AUTHORIZATION OF SERVICES In accordance with the Engineering and Consulting Services Agreement dated October 9, 1995, between the City of Nederland, Texas and Schaumburg & Polk, Inc.; The City of Nederland, Texas hereby authorizes Schaumburg & Polk, Inc. to perform the services, described by this Exhibit. NATURE OF THE ASSIGNMENT This assignment is to provide the engineering services needed to complete a report reviewing options available for installation of portable generator power and the generator size requirements to provide electrical service to the water treatment plant, wastewater treatment plant and the wastewater collection system lift stations. SCOPE OF WORK The scope of work under this authorization will be limited to the Study and Report Phase as outlined in the above referenced Services Agreement. The content of the report will provide • recommendations concerning the size of portable generator equipment required to provide emergency power to the equipment as identified by the City, • options available for connection of a generator, to the electrical system. • probable opinion of cost for the various options, • scope of services required to provide wiring diagrams and specifications which would be used to construct the installation of the generator connections. Sites to be evaluated in this report are: 1) Water Treatment Facility a. New Treatment Plant b. Raw Water and Distribution Pumps at old plant site 2) Wastewater Treatment Facility, including lift station 3) Wastewater Collection System Lift Stations a. Nederland Avenue b. Cessac c. Airport F:\NED\Generator.doc 1 of 3 Schaumburg & Polk, Inc. CONSULTING ENGINEERS 013 014 The City will need to provide the following information for each of the above sites. 1) Power requirements (voltage, phase) 2) List of all equipment to be serviced by generator, including horsepower rating. 3) Electrical one -line diagram to include equipment which will be served by the generator. 4) Operation and maintenance manuals of service disconnect equipment, motor control center, main panel board, and pump panel. If the above information is not available, we will work with and advise the City as to the best means to obtain the information. Final Design as required for development of plans, specifications and other documents, required for construction, would be included in a separate authorization. The report phase would provide a scope of services and budget for the Final Design Phase based on the options selected by the City. PROJECT SCHEDULE The following is a projection for completion of the project 1) Receive initial available information from City — 2 weeks 2) Review information and meet with City staff to request or clarify additional information — 1 week 3) City provide additional information —1 to 3 weeks 4) Review generator sizing —1 week 5) Develop electrical schematics for wiring of generators —1 week 6) Finalize report and submit to City — 1 week. BASIS OF PAYMENT Compensation for all work provided under this authorization shall be based on the Engineer's Rate Schedule included in this contract as Exhibit B for the hours worked and miscellaneous expenses included in performance of the work herein authorized. The Engineer agrees that the total cost for all work and expenses covered by this authorization shall not exceed $4900 without the City of Nederland's prior approval: F:\NED\Generator.doc 2 of 3 Schaumburg & Polk, Inc. CONSULTING ENGINEERS ENGINEER'S COMPENSATION For all in consideration of the services to be rendered by the ENGINEER, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth. A11 remittance by the OWNER of such compensation shall be mail or delivered to the ENGINEER's office at: Schaumburg & Polk, Inc. 8865 College Street Beaumont, Texas 77707 CITY OF NEDERLAND, TEXAS Date t -loner E. N avil Name GLgpr ©40cain Title Witriessi F:\NED\Generator.doc S CHAUMBURG &�POLK, �IN%C. P / (l�ideR1 / Signature //' Date Gc4, C,n Name o/ 43;C'- Title ` 'Witness Y 3 of 3 Schaumburg & Polk, Inc. CONSULTING ENGINEERS 015 016 Jefferson County Mosquito Control District 1 Lee A. Chastant, Director 8905 First Street Beaumont, TX 77705 Phone: (409) 722-5350 Fax: (409) 727-4176 leej cmcd@co. j efferson. tx. us Organized in 1950 1I 1/ January 6, 1999 AERIAL WAIVER Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District 8905 First Street Beaumont, Texas 77705 Advisory Commission: Paul Silva, Chairman Robert J. Bentley, Secretary Gerald Gipson Vincent J. Mannino George Mitchell The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitos within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: JWH/seb 49-1.—e—L4212_ Mayor's Office, City of derland, Texas 1 Date: /-46-qct 1 u r REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 8, '1999 MEETING The meeting was called to order at 3:00 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 Radcliff to approve the minutes of the January 25, 1999 meeting as written. All Voted Aye. PRESENTATION Mayor Nagel presented a watch to Morris Meziere in recognition of his retirement from the City. The Mayor commended Mr. Meziere for his dedicated service of 31 years to the Nederland Fire Department and the citizens of Nederland. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:07 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding the proposed settlement of various cases and setting rates of Entergy Gulf States, Inc. Andre' Wimer, City Manager, stated that Butler, Porter, Gay & Day, legal counsel, as well as the Steering Committee, have recommended approval of the settlement agreement. Don Pumphrey, Entergy Gulf States, Inc., thanked the City of Nederland for their desire to settle the rate case. He added that Entergy is eager to focus on the needs of their customers. RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:11 p.m. by Mayor Nagel. 017 018 Minutes continued, February 8, 1999 ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1999-01, approving settlement of various cases and setting the rates of Entergy Gulf States, Inc. in the City of Nederland, Texas. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Sonya Willis declaring February, 1999 as "Library Lovers' Month" in Nederland, Texas. ELECTION Ms. Willis, on behalf of the Friends of the Library, thanked the Council for the Proclamation and encouraged everyone to join their organization and support the local library. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a Proclamation declaring February, 1999 as "Library Lovers' Month" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1999-01, calling for an election to be held May 1, 1999 for the purpose of electing two (2) Council members - one from Ward I and one from Ward III. All Voted Aye. WATER AND A motion was made by Councilman Sawyer and seconded by WASTEWATER Councilman Nugent to approve a refund on water payments to Dr. Ramesh Karia, 1818 - 26th Street, in the amount of $1,102.75. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone action regarding the water line on Patillo Road. All Voted Aye. STREETS AND A motion was made by Councilman Sawyer and seconded by Mayor SIDEWALKS Nagel to authorize the Southeast Texas Regional Planning Commission to utilize the American Association of State Highway and Transportation Officials (AASHTO) Geometric Design Guidelines for the CMAQ Intersection Project for the intersections at 27th Street © Helena Avenue and South 27th Street @ Avenue H. All Voted Aye. MANAGEMENT A motion was made by Mayor Nagel and seconded by Councilman INFORMATION Nugent to approve an agreement with Southwestern Bell for DigiLine SYSTEM Service for the computer system in the amount of $52.85/month. All Voted Aye. 019 Minutes continued, February 8, 1999 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve an agreement with Southwestern Bell for Frame Relay Service for computer remote locations in the amount of $1,335.63. All Voted Aye. FINANCE Cheryl Dowden, City Treasurer, gave a brief update of the Quarterly Investment Report for the period ending December 31, 1998. TELEPHONES A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Change Order No. 1 in the amount of +$1,204.58, Southwestern Bell, telephone system. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Don S. Reichle & Associates in the amount of $973.20, South 5th Street elevated storage tank rehabilitation. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment of the bills for the month of January, 1999. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:45 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; Entergy Rate Case; City of Nederland v. Entergy Gulf States, Inc. and Entergy Services, Inc., possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 3:55 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, reported that the ballots that were mailed COMMENTS to citizens in the Beauxart Gardens annexed area regarding their mailing address will be counted at City Hall on Wednesday morning. He also reported that a Public Hearing will be conducted at the next meeting regarding potential projects for the 1999-2000 CDBG application. 020 Minutes continued, February 8, 1999 ADJOURN There being no further business the meeting was adjourned at 4:00 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Nii rRn uutN » \' Homer E. Nagel, Mayor City of Nederland, Texas 1 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden . Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway - ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager tnex- City Secretary o2 -W-99 Date PRESENT ABSENT 021 022 CITY OF NEDERLAND ORDINANCE NO. 1999-01 AN ORDINANCE APPROVING SETTLEMENT OF VARIOUS CASES AND SETTING THE RATES OF ENTERGY GULF STATES, INC. IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES. 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. (EGS or Company); and WHEREAS, EGS is required under the terms of the merger agreement in Docket 11292 before the Public Utility Commission to file a rate proceeding to pass on to ratepayers benefits from such merger and other cost reductions which have occurred; and WHEREAS, EGS on November 30, 1998, made a filing with the Public Utility Commission and with cities exercising original jurisdiction; and WHEREAS, the schedule of rates proposed by EGS was suspended for a period on ninety (90) days from the effective date stated in EGS' Statement of Intent for further review and investigation; and WHEREAS, a numerous other cases involving the rates of EGS within the City are now pending; and WHEREAS, a comprehensive settlement has been recommended by the Steering Committee of Cities participating in such cases which will resolve or limit the impact of such cases; and WHEREAS, the City Council having considered EGS' request and the proposed settlement after reasonable notice and public hearing is of the opinion and finds that the settlement recommended by the Cities' Steering Committee should be approved and rates set in accordance therewith; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Part 1: The comprehensive settlement entitled "Outline of Proposed Settlement Between EGS, Staff, Cities, OPC, TIEC, State of Texas, HLFC, IBEW, is hereby approved. Part 2: Representatives of the Cities are directed to participate with other parties in the preparation of a settlement document implementing the attached settlement outline and the present same to the Public Utility Commission for its approval. Part 3: After approval of such settlement by the Public Utility Commission, the filing of tariffs and schedules of rates with the Commission and Cities in accordance with such settlement and the approval of same by such regulatory authorities, the rates established thereby shall be those under which the Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn by or with the approval of the City Council. 1 1 1 1 Part 4: The rates approved hereby fix the overall revenues of the Company at a level which will permit EGS a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above the Company's reasonable and necessary operating expenses and are just and reasonable. Part 5: The rates approved hereby shall be effective and in force for all consumption from and after the effective date of the tariff required to be filed hereby and shall be charged and observed thereafter until revised according to law. Part 6: Notwithstanding any other provision herein contained, the rates of EGS within the City of Nederland shall not, in any case, exceed the rates of customers of EGS in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this ordinance and it shall be unlawful for EGS, its agents, servants or employees to collect or attempt to collect higher rates within the City of Nederland than are collected by EGS within incorporated areas. Part 7: That the action of the City Council of the City of Nederland enacting this ordinance constitutes, on the date of its final passage, a final determination of rates for EGS within the City of Nederland. Part 8: Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of EGS. Part 9: Should any part, sentence or phrase of this ordinance be determined to be unlawful, void or unenforceable, the validity of the remaining portions of this ordinance shall not be adversely effected. No portion of this ordinance shall fail or become inoperative by reason of invalidity of any other part. All provisions of this ordinance are severable. Part 10: That all Ordinance, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND this the day of r oALA.d A. , 1999. 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, City Akorney City of Nederland, Texas 023 024 RESOLUTION 1999-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 1, 1999; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS 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 1, 1999 there shall be elected the following officials for this city: One (1) Council member, Ward I One (1) Council member, Ward III 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, 1999, 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 than seventy-five (75) days before the election or later than forty-five (45) 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 16, 1999 at 8:00 a.m., with the last date for filing to be March 17, 1999 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. 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. 1 1 1 PASSED, APPROVED AND ADOPTED this 8th day of February, 1999. ATTEST: LaDo�d, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, L°ity Attorney City of Nederland, Texas 1 1 Homer E. Nagel, Mayor ti City of Nederland, Texas 025 026 FRAME RELAY SERVICE TERM PRICING PLAN (FRS TPPI AGREEMENT FORM Customer Name/ Billing Name: Citv of Nederland Customer Address Customer Telephone Number: P. 0. Box 967, Nederland, TX 77627 Customer Telephone Number: (409) 723-1500 Revenue Commitment: $1,335.63 per month Plan Term: 3 Years X For Rates in effect on (SPP Date) Plan Expiration Date: Controlling BAN Originated By: Contact Number: 5 Years 7 years Buyer agrees that as of the date of signing this contract, it intends to purchase Frame Relay Service for three years. Buyer further states that it is restricted by law to purchasing only for one-year periods. Buyer further agrees that if no funds or insufficient funds are appropriated in any fiscal period for the purchase of Frame Relay Service and for the payments due under this Contract, Buyer will promptly notify Seller of such occurrence. In this event, this Contract shall terminate on the last day of the fiscal period for which buyer will pay full installation charges and the month to month rates for service instead of the 3 year term rates. Customer Signature:, Customer Name: f'or C. l'lac .I (Please print.) Date: o?-8-9jq 1 1 1 1 understand that 1 am liable for all charges billed and/or unbilled on the above account. Corporation Signed Officer of Corp. Title Corporation Name Address City & State 1 Date Individual or jnership A Signed 02-Y-99 Date o( Ivec/erl c J Company Name 0 "33f c3L f) Address I NI ecleria,n4, i X City & State 027 02b City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 1998 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Escrow Fund MCML Dispatch Equipment Replacement Fund Economic Development Fund Parks & Recreation Special Fund Bond Redemption Fund Bond Fund Balance @ Balance @ 10-1-98 Purchases Maturities 12-31-98 2,532,164.98 1,465,258.73 1,807,000.00 2,190,423.71 210,540.76 2,331.88 65,540.00 147,332.64 2,239,860.39 1,602,828.16 1,980,000.00 1,862,688.55 8,333.52 2,914.34 2,452.00 8,795.86 179,327.84 152,321.78 113,400.00 218,249.62 1,309,665.44 2,336,638.58 2,898,306.00 747,998.02 70,005.10 113,506.59 136,200.00 47,311.69 5,066,003.09 11,592,175.72 15,073,000.00 1,585,178.81 11,601.79 22,224.11 12,100.00 21,725.90 51,007.88 277.36 47,610.00 3,675.24 1,905,000.00 4,330,000.00 6,235,000.00 0.00 10,918.20 114.23 3,250.00 7,782.43 629,755.84 1,063,088.63 1,594,600.00 98,244.47 214,057.42 2,621.18 49,401.00 167,277.60 14,438242.25 22,686 301.29 30017,859.00 7,106,684.54 Fund Allocation at December 31, 1998 1 (26.2%) Water & Sewer Fund (30.8%) General Fund (3.1%) Solid Waste Fund (10.5%) Capital Outlay Fund (3.3%) Other (1.4%) Bond Redemption Fund (2.4%) Bond Fund (22.3%) SRF Escrow Fund 1 0 2 `; DigiLine (SM) Service Letter of Election Southwestenr',Bell Telephone Company (SWBT) is authorized by the Public Utility Commission of Texas to offer DigiLine (SM) Service with discounted installation charges provided the service is maintained for a twelve or twenty-four month period of time. By executing this Letter of Election, the undersigned Customer is electing to subscribe to DigiLine (SM) Service and will maintain the service for the term specified below. In the event the service is canceled prior to the expiration of said term, the Customer acknowledges that SWBT's tariffs approved by the Commission provide that the Customer will be liable for a termination charge equal to the difference between the normal full installation charge in effect at the time the service was installed and the actual amount charged for the installation. The termination charge will not apply if the Customer moves at least the same quantity of service to any other location in Texas served by SWBT, as long as the Customer agrees to complete the service term at the new location. Installation charges will apply at the new location. The undersigned agrees to maintain the outlined service for a period of not less than ail consecutive months. The normal full installation charges and the discounted installation charges are as follows: Full Installation Discounted Charge Installation Charge 12 months 24 months Basic Interface Facility - Basic Rate Interface $ 250.00 $ 125.00 $ - 0 - Link Extension $ 135.00 $ 70.00 $ - 0 - 1 Service Order Charge $ 36.00 $ 36.00 $ 36.00 2 Central Office Charges $ 42.60 $ 42.60 $ 42.60 Quantity DigiLine (SM) I Discounted Installation charge: S ��Go Monthly Rate: $ 52.85 Listed Name: Citv of Nederland Billing Name: CITY of Nederland Address: 1400 Boston Ave. City & State: Nederland, TX 77627 Bill/Account TN: 409 723-1500 030 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 1998 Investments at Beginning of Period (10-1-98) Purchases Maturities Investments at End of Period (12-31-98) Maturity Summary at December 31, 1998 I $14,438,242.25 22,686,301.29 30,017,859.00 $7.106,684.54 ® Less than 3 months 0 3 to 6 months - 9 to 12 months 1 1 031 City of Nederland Investment Report Schedule For the Quarter ended December 31, 1998 Certificates of Deposit maturing during quarter ended December 31, 1998 Purchase Maturity Days to Interest Interest Certificate Number Date Date be held Rate Face Amount Earned 2097997 09/01/98 10/02/98 31 4.61% 280,000.00 1,096.29 2116124 09/06/98 10/06/98 30 4.58% 200,000.00 752.87 2115675 09/08/98 10/09/98 31 4.34% 400,000.00 1,474.41 2115840 09/08/98 10/09/98 31 4.34% 200,000.00 737.20 2116001 09/08/98 10/09/98 31 4.34% 100,000.00 368.60 2115785 09/08/98 10/09/98 31 3.34% 25,000.00 70.92 2041079 08/14/98 10/13/98 60 4.89% 3,700,000.00 29,801.71 2041341 08/14/98 10/13/98 60 4.89% 900,000.00 7,249.06 2072187 08/24/98 10/23/98 60 4.82% 325,000.00 2,575.07 2156155 09/22/98 10/23/98 31 4.39% 1,300,000.00 4,847.04 2072051 08/24/98 10/23/98 60 4.82% 100,000.00 793.90 2072077 08/24/98 10/23/98 60 4.82% 200,000.00 1,628.40 2074554 08/25/98 10/26/98 62 4.94% 200,000.00 1,681.87 2074033 08/25/98 10/26/98 62 3.94% 12,000.00 80.31 2074635 08/25/98 10/26/98 62 3.94% 15,000.00 100.56 7173586 09/28/98 10/30/98 32 3.92% 100,000.00 343.75 7180812 09/30/98 11/02/98 33 3.80% 190,000.00 652.77 7180692 09/30/98 11/02/98 33 2.80% 31,000.00 78.48 7180744 09/30/98 11/02/98 33 3.80% 530,000.00 1,820.88 7198079 10/06/98 11/06/98 31 3.79% 200,000.00 643.78 7217662 10/10/98 11/11/98 32 3.44% 400,000.00 1,206.47 7217808 10/10/98 11/11/98 32 3.44% 100,000.00 301.59 7217730 10/10/98 11/11/98 32 2.44% 25,000.00 53.48 7217756 10/10/98 11/11/98 32 3.44% 200,000.00 603.18 7217918 10/13/98 11/13/98 31 3.44% 900,000.00 2,629.49 7217400 10/12/98 11/13/98 32 2.44% 80,000.00 171.13 7217329 10/12/98 11/13/98 32 2.44% 8,000.00 17.11 7217442 10/12/98 11/13/98 32 2.44% 30,000.00 64.18 7217549 10/13/98 11/13/98 31 3.44% 3,500,000.00 10,225.80 7217361 10/12/98 11/13/98 32 3.44% 275,000.00 829.45 2133369 09/15/98 11/16/98 62 4.73% 200,000.00 1,610.23 2071120 08/21/98 11/19/98 90 4.91% 290,000.00 3,525.18 7247661 10/23/98 11/24/98 32 3.39% 325,000.00 965.92 7247690 10/23/98 11/24/98 32 3.39% 100,000.00 297.21 7247700 10/23/98 11/24/98 32 3.39% 200,000.00 594.41 7247616 10/26/98 11/27/98 32 3.26% 200,000.00 571.62 7247632 10/26/98 11/27/98 32 2.26% 12,000.00 23.78 7255996 10/30/98 12/01/98 32 3.53% 100,000.00 309.51 7261786 11/02/98 12/04/98 32 2.50% 20,000.00 43.84 7260978 11/02/98 12/04/98 32 3.50% 144,000.00 441.94 7260871 11/02/98 12/04/98 32 4.22% 809,000.00 2,993.72 7260703 11/02/98 12/04/98 32 2.50% 31,000.00 67.95 032 City of Nederland Investment Report Schedule For the Quarter ended December 31, 1998 Certificates of Deposit maturing during quarter ended December 31, 1998 Certificate Number 7261045 7261731 7260761 7260839 7270175 7285173 7285254 7285306 7285238 7285429 7285403 7285348 7285416 7299486 7299554 7307226 7309680 7307103 7307048 7312619 7312512 7361204 7341376 7333229 7361262 7333669 7333274 7333245 7341402 7338570 7333164 7323475 7341389 7333290 7341460 7333135 7361330 2580086 Purchase Maturity Days to Interest Date Date be held Rate 11/02/98 12/04/98 32 3.50% 11/02/98 12/04/98 32 2.50% 11/02/98 12/04/98 32 3.50% 11/02/98 12/04/98 32 3.50% 11/06/98 12/08/98 32 3.93% 11/11/98 12/11/98 30 3.89% 11/11/98 12/11/98 30 3.89% 11/11/98 12/11/98 30 3.89% 11/11/98 12/11/98 30 2.89% 11/13/98 12/15/98 32 3.62% 11/13/98 12/15/98 32 2.62% 11/13/98 12/15/98 32 2.62% 11/13/98 12/15/98 32 2.62% 11/19/98 12/21/98 32 4.01% 11/19/98 12/21/98 32 4.01% 11/24/98 12/28/98 34 4.15% 11/25/98 12/28/98 33 4.23% 11/24/98 12/28/98 34 4.15% 11/24/98 12/28/98 34 4.15% 11/27/98 12/29/98 32 4.32% 11/27/98 12/29/98 32 3.32% 12/21/98 12/31/98 10 4.34% 12/11/98 12/31/98 20 4.22% 12/04/98 12/31/98 27 4.15% 12/21/98 12/31/98 10 4.34% 12/04/98 12/31/98 27 3.15% 12/04/98 12/31/98 27 4.15% 12/04/98 12/31/98 27 3.15% 12/11/98 12/31/98 20 4.22% 12/08/98 12/31/98 23 3.79% 12/04/98 12/31/98 27 4.15% 12/01/98 12/31/98 30 4.32% 12/11/98 12/31/98 20 3.22% 12/04/98 12/31/98 27 3.15% 12/11/98 12/31/98 20 4.22% 12/04/98 12/31/98 27 4.15% 12/21/98 12/31/98 10 3.34% 01/01/98 01/01/99 365 5.12% Face Amount 150,000.00 20,000.00 190,000.00 530,000.00 200,000.00 400,000.00 100,000.00 200,000.00 25,000.00 275,000.00 30,000.00 8,000.00 80,000.00 2,500,000.00 850,000.00 200,000.00 305,000.00 100,000.00 325,000.00 200,000.00 12,000.00 850,000.00 400,000.00 144,000.00 2,500,000.00 31,000.00 530,000.00 20,000.00 100,000.00 200,000.00 150,000.00 100,000.00 25,000.00 20,000.00 200,000.00 190,000.00 80,000.00 10,004.51 Interest Earnings on Matured CDs for quarter ended December 31, 1998 Interest Earned 460.27 43.84 583.01 1,626.59 689.09 1,278.90 319.73 639.45 59.38 872.77 68.91 18.38 183.76 8,789.04 2,988.27 773.15 1,166.43 386.58 1,256.37 757.65 34.93 1,010.68 924.93 442.06 2,972.60 72.23 1,627.03 46.60 231.23 477.65 460.48 355.07 44.11 46.60 462.46 583.28 73.21 525.51 8117,697.29 City of Nederland Investment Report Schedule For the Quarter ended December 31, 1998 Investment Pool-TEXPOOL 033 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value General Fund 10/01/98 12/31/98 1 5.10% 2,166,164.98 24,258.73 2,190,423.71 Water & Sewer 10/01/98 12/31/98 1 5.10% 1,839,860.39 22,828.16 1,862,688.55 Parks & Rec. Fund 10/01/98 12/31/98 1 5.10% 7,668.20 114.23 7,782.43 Bond Redemp. 10/01/98 12/31/98 1 5.10% 96,955.84 1,288.63 98,244.47 Capital Outlay Fund 10/01/98 12/31/98 1 5.10% 741,359.44 6,638.58 747,998.02 Motel Occupancy 10/01/98 12/31/98 1 5.10% 8,681.52 114.34 8,795.86 Library Special 10/01/98 12/31/98 1 5.10% 134,996.25 2,331.88 137,328.13 Solid Waste Fund 10/01/98 12/31/98 1 5.10% 215,927.84 2,321.78 218,249.62 SRF Construction Fund 10/01/98 12/31/98 1 5.10% 1,577,003.09 8,175.72 1,585,178.81 MCML Dispatch 10/01/98 12/31/98 1 5.10% 21,501.79 224.11 21,725.90 Water Plant Contruction 10/01/98 12/31/98 1 5.10% 164,656.42 2,621.18 167,277.60 Equipment Replacement 10/01/98 12/31/98 1 5.10% 3,397.88 277.36 3,675.24 Police Narcotic Fund 10/01/98 12/31/98 1 5.10% 46,805.10 506.59 47,311.69 Totals for TEXPOOL Investments $7,024,978.74 $71,701.29 $7,096,680.03 Interest Earnings on all Investments for Quarter Ended December 31, 1998 Bond Fund Bond Redemption Fund Capital Outlay Equipment Replacement Funds General Fund Library Fund MCML Dispatch Motel Occupancy Tax Fund Nederland Economic Development Parks & Recreation Special Fund Police Narcotic Account Solid Waste Fund 1996 SRF Fund Water Fund 2,621.18 6,307.95 13,209.44 277.36 28,463.62 2,474.27 224.11 114.34 18,197.86 114.23 777.83 2,545.31 45,520.61 28,310.45 $149,158.56 034 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 22, 1999 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 Radcliff to approve the minutes of the February 8, 1999 meeting as written. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding the submission of an application to the Texas Department of Housing and Community Affairs for a Texas Community Development Program (TCDP) grant. Randy Blanks, David J. Waxman, Inc., stated that the deadline for submitting applications for the TCDP grant is April 20, 1999, therefore, potential projects will need to be decided at the March 22nd meeting. The three top categories to submit grant applications is water, sewer, and housing. Mr. Blanks added that due to the City being under enforcement by the T.N.R.C.C. is would probably be to the City's advantage to submit a water or sewer project. The final results of the grant applications should be available by the end of June. The maximum grant amount if $250,000. The City Manager and the Mayor each stated that the City will probably submit an application for additional work in Wagner Addition in order to further complete the sewer work in that area. Mr. Blanks stated that during the last grant process an income survey was done in Wagner Addition and could still be used for this year's application. n i 1 1 1 Minutes continued, February 22, 1999 RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:09 p.m. by Mayor Nagel. APPEARANCES Rick Bourque, Schaumburg & Polk, Inc., reported on the recent problems associated with the road work on Avenue G. The contractor (Norman Highway Constructors, Inc.) apparently put fresh oil on the road and failed to put up signs that would warn drivers of the hazard or to notify residents along Avenue G. Mr. Bourque stated that 21 complaints have been received by the City and/or contractor. The owner of the company indicated that he has contacted eight of the residents who had complaints and has stated that he will not be responsible for the oil on vehicles because the drivers should have seen the situation and should bear the responsibility for driving on the oil. Complaints have also been received on the actual work on Avenue G and Mr. Bourque indicated that the contractor appears to be willing to address these problems. Mayor Nagel stated that it is not normal practice for the City to perform a job without first notifying the residents of the project and any potential problems that may arise. Joe Pruitt, 3119 Avenue G, addressed the Council relative to the road conditions of his street. He feels the workmanship is of very poor quality. Mr. Pruitt added that they were unable to move their vehicle for several days due to the road condition. Mayor Nagel reiterated that the contractor stated that he will make the necessary improvements to the City's satisfaction. He then asked the City Attorney to review the contract between the City and Norman Highway Constructors regarding liability issues. Mayor Nagel added that if the contractor fails to satisfy all residents then the City will and asked those in attendance to please be patient while the City addresses these issues with the contractor. WATER AND A motion was made by Mayor Nagel and seconded by Councilman WASTEWATER Sawyer to postpone action regarding the water line on Patillo Road. All Voted Aye. BIDS/PROPOSAL A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the advertisement of proposals for playground equipment for the Parks Department. All Voted Aye. 035 Minutes continued, February 22, 1999 RESOLUTION A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution No. 1999-02, establishing just compensation to acquire property at 3012 Avenue G to be used for a buffer zone in the amount of $22,350.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution No. 1999-03, establishing just compensation to acquire an easement at 315 Hardy for a buffer zone in the amount of $14,410.00. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Excavators and Constructors, Inc. in the amount of $14,517.47, concrete repairs. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Norman Highway Constructors, Inc. in the amount of $112,155.08, Wagner Addition wastewater collection improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Costello, Inc. in the amount of $10,326.15, Main "C" drainage study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payments to Schaumburg & Polk, Inc. as follows: $3,909.06, $8,958.04 and $6,498.89 - Wagner Addition wastewater collection improvements; $16,492.98, $6,167.26 and $2,582.50 - wastewater system improvements; $2,589.02 and $8,255.79 - Main "C" survey work; $7,627.37, $4,562.56 and $4,996.00 - wastewater system rehabilitation; $4,796.00, Sanitary Sewer Evaluation Survey; and, $90.00, standby generator study. All Voted Aye. EXECUTIVE The regular meeting was recessed at 6:43 p.m. by Mayor Nagel for the SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale and/or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Newton Water Company matters. RECONVENE The regular meeting was reconvened at 7:12 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. Minutes continued, February 22, 1999 OFFICIALS' . Andre' Wimer, City Manager, reported on the following: 1) he received COMMENTS correspondence from the South East Texas Regional Planning Commission asking for potential street projects for this year and he stated that they still have the list of streets that were submitted last year adding that we could the same list and/or submit additional projects; this will be placed on the next agenda for Council action; and, 2) it has been determined that the street lights at the intersection of 27th Street and Nederland Avenue were installed by TxDOT many years ago and the Entergy has indicated that they will not maintain them because they do not use that particular type of street light. It was suggested that the City Manager try to find a company that may be able to repair these lights rather than have them removed and different ones installed. ADJOURN There being no further business the meeting was adjourned at 7:23 p.m. by Mayor Nagel. ATTEST: LaDDon naa Floyd y Secretary City of Nederland, Texas -ANS - � Homer E. Nagel, Mayor City of Nederland, Texas 038 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden - Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager //e9—,1A- Mayor ✓ /k Orr -4 t' pa iN A(74 City Secretary Date PRESENT ABSENT 1 1 CITY OF NEDERLAND RESOLUTION 1999-02 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE AN EASEMENT LOCATED AT 3012 AVENUE G WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal of a 0.6887 acre tract of land out of and a part of Lot 25, Block 1, Hillcrest Second Addition Acres, has been made in order for the City to obtain the tract to be used as a buffer zone for the City of Nederland Wastewater Treatment Plant, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $22,350.00, and WHEREAS, the City Council made an offer to Manse Mitchell, Jr., et ux, in the amount of $22,350.00 to acquire the aforementioned easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the acquisition of a 0.6887 tract across the property located at 3012 Avenue G in order to provide a buffer zone. PASSED AND APPROVED this the 042 day of r .(/u,na,d\ 1999. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At rney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 031 040 CITY OF NEDERLAND RESOLUTION 1999-03 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE AN EASEMENT LOCATED AT 315 HARDY AVENUE WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal of a 0.358 acre tract of land out of and a part of Lot 8, Block 1, Hillcrest Second Addition Acres, has been made in order for the City to obtain the tract to be used as a buffer zone for the City of Nederland Wastewater Treatment Plant, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $14,410.00, and WHEREAS, the City Council made an offer to Nederland Columbus Club, in the amount of $14,410.00 to acquire the aforementioned easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the acquisition of a 0.358 tract across the property located at 315 Hardy Avenue in order to provide a buffer zone. PASSED AND APPROVED this the o2& day of 1999. 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 Attc*ney City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 1, 1999 MEETING The meeting was called to order at 3:00 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 Daughtry to approve the minutes of the February 22, 1999 meeting as written. All Voted Aye. ELECTION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1999-04, calling for a Special Election to be held May 1, 1999 for the purpose of voting "for" or "against" the "adoption of the fire fighters' civil service law", and appointing Sonya Willis, Presiding Judge, Harriet Shipman, Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station as approved by the City Attorney. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1999-05, appointing Sonya Willis, Presiding Judge, Harriet Shipman, Alternate Presiding Judge, and LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station for the General Election to be held May 1, 1999. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman WASTEWATER Nugent to postpone action regarding the water line on Patillo Road. All Voted Aye. WAGNER A motion was made by Mayor Nagel and seconded by Councilman ADDITION Nugent to postpone action regarding concerns on Avenue G. All PROJECT Voted Aye. i i 4 i 042 Minutes continued, March 1, 1999 STREETS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the submission of the following street projects to the South East Texas Regional Planning Commission for potential funding: 18`h Street in front of the high school - curb and gutter with turning lane; South 29`h Street from Avenue H to FM 365 - curb and gutter; Hill Terrace from Hardy Avenue to FM 365 - curb and gutter; and, Hardy Avenue from Avenue A to Avenue H - curb and gutter. All Voted Aye. BIDS/ A motion was made by Mayor Nagel and seconded by Councilman PROPOSALS Sawyer to authorize the purchase of furniture for the Marion and Ed Hughes Public Library from Corporate Express, Beaumont, TX, in the amount of $15,022.00. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize the payment of the bills for the month of February, 1999. All Voted Aye. EXECUTIVE The regular meeting was recessed at 3:48 p.m. by Mayor Nagel forthe SESSION purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the water treatment plant; and, consultation with City Attorney regarding Newton Water Company matter; and, Chapter 551.074, consider grievance of Charles Dodd. RECONVENE The regular meeting was reconvened at 4:51 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. PERSONNEL A motion was made by Mayor Nagel and seconded by Councilman Sawyer to deny the grievance filed by Charles Dodd and to instruct the City staff to continue the bid process for the newly created position of heavy equipment operator which was posted on December 1, 1998, using the City's promotion policy that was in effect at that time. All Voted Aye. 1 1 1 1 1 043 Minutes continued, March 1, 1999 OFFICIALS' Andre' Wimer, City Manager, reported on the following: the pavilion COMMENTS at Rienstra Park is nearing completion; received correspondence from Time Warner (formerly TCI Cablevision) indicating that there will be a rate increase for expanded basic cable; the "Notice to Proceed" was issued today regarding the Wastewater Treatment Plant lab building; and, he informed the Council that we need to consider a name change for the old library which is now housing Public Works Administration and the Nederland Economic Development Corporation. Mayor Nagel suggested that we keep former City Manager D. Bob Henson's name in the naming of the building. He also asked the Council to be considering a name for this building. ADJOURN There being no further business the meeting was adjourned at 5:00 p.m. by Mayor Nagel. ATTEST: c\ a (7-V`\ Q._ r aDonna Floycf-Cr Secretary City of Nederland, Texas 07qumn°nmui �3EpF°ja�,. P. �rrrmrruuu ittiot 0 Homer E. Nagel, Mayor City of Nederland, Texas 044 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Secretary Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT I ABSENT 1 1 1 14 RESOLUTION 1999-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A SPECIAL ELECTION ON SATURDAY, MAY 1, 1999; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE SPECIAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS 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 1, 1999 there shall be submitted to the resident qualified electors of the City of Nederland the proposition "for" or "against" the "Adoption of the fire fighters' civil service law" as provided for by a petition signed by 29 qualified voters of the City of Nederland. 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: 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: Sonya Willis will serve as Presiding Judge and Harriet Shipman 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 seventeenth (17th) day 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. The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Sonya Willis 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 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. 046 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 1st day of March, 1999. 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, CiAttorney City of Nederland, Texas 1 1 1 047 RESOLUTION 1999-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS 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 1, 1999 there shall be elected the following officials for this city; One (1) Council member, Ward I One (1) Council member, Ward III 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: 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: Sonya Willis wit serve as Presiding Judge and Harriet Shipman 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 seventeenth (17th) day 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. The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Sonya Willis 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 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. 048 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 1st day of March, 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ckkOriw1.1 LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, CitAttorney City of Nederland, Texas 1 1 1 s t 4 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 8:30 a.m. March 8, 1999 MEETING The meeting was called to order at 8:30 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 Radcliff to approve the minutes of the March 1, 1999 meeting as written. All Voted Aye. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the Proclamation declaring March 18, 1999 as "Absolutely Incredible Kid Day" in Nederland, Texas. All Voted Aye. WAGNER Rick Bourque, Schaumburg & Polk, Inc., reminded the Council of the ADDITION problems associated with the failure of Norman Highway to notify PROJECT residents of fresh oil on Avenue G. Several residents obtained significant amounts of oil on their vehicles and feel the contractor should pay the cost to have the vehicles cleaned. It appears that Norman Highway feel some of the burden should be placed on the drivers because it was obvious that fresh oil was on the road. Mayor Nagel recommended that the City instruct the residents to have their vehicles cleaned and submit the bill to the City who will then turn the bills over to Norman Highway. If they refuse to pay the bills then the City will pay them and deduct that amount from their payment. Dave McClenan, Norman Highway Constructors, Inc., stated that in accordance with the contract they are not required to notify citizens in advance of impending hazards. He added that in the future this issue should be discussed in the pre-bid conferences. Mr. McClenan commented that it would be hard to determine if the people drove over the road before or after the warning signs were put up. He said that there would have been no way to put up enough signs so that all residents could have seen them, especially the ones who were at home at the time the work was being done and left their residence without noticing the work being done. 050 Minutes continued, March 8, 1999 STREETS A motion was made by Mayor Nagel and seconded by Councilman Nugent to instruct the citizens on Avenue G who complained of oil on their vehicles to have them cleaned and submit the bills to the City at which time the City will forward the bills to Norman Highway Constructors, Inc.; if they refuse to pay the bills the City will pay them and deduct that amount from their payment. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the closure of various City streets for Nederland Heritage Festival activities. All Voted Aye. PROCLAMATION Jane Wilson, Executive Director of Camp Fire Boys and Girls, thanked the Council for the proclamation approved earlier in the meeting. She challenged each and every adult to write a letter to a child to be delivered or mailed on March 18th to let all the children know that adults do care about them and their future. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Nugent to approve a contract with Don S. Reichle & Associates for inspection of the Hardy Avenue elevated water storage tank in the amount of $12,080.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract with Schaumburg & Polk, Inc. for surveying services associated with water and sewer line construction in an amount not to exceed $15,400.00. All Voted Aye. WATER TREAT- A motion was made by Councilman Nugent and seconded by MENT PLANT Councilman Radcliff to approve the authorization of Applicability Monitoring at the Water Treatment Plant. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the library was approved COMMENTS for a grant in the amount of $45,865 from the Texas Infrastructure Fund Board. The grant will be used to purchase equipment to upgrade and extend the library's existing Internet resources. He also reported that work has been initiated on the floor installation at the Recreation Center. Mr. Wimer stated that the pressure test on the water line on Patillo Road was to be done last week, but due to some miscommunication between the owner and the contractor the test has not been performed. He anticipates that the test will be done soon. 1 n 1 1 1 its Minutes continued, March 8, 1999 ADJOURN There being no further business the meeting was adjourned at 9:02 a.m. by Mayor Nagel. ATTEST: r1,114 -;21,Clyni LaDonna Floyd, City Secretary City of Nederland, Texas ommiimintoo Homer E. Nagel, Mayor City of Nederland, Texas 052 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Secretary Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager I PRESENT \\\\\\ ABSENT 1 1 1 ENGINEERING SERVICES AGREEMENT 053 THIS AGREEMENT made this day of 1')a;tr/i , 1999, 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 DETAILED INSPECTION ON THE CITY'S HARDY AVE. ELEVATED WATER TANK. WHEREAS, the ENGINEER has submitted a proposal for the aforesaid engineering work dated February 17, 1999, signed by RANDY S. REICHLE , (copy attached) the terms and conditions of said proposal, including lump sum fee, are satisfactory to the CLIENT, as to Phase I Work 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 $1,000,000 combined single limit. DON S. REICHLE 8 ASSOCIATES BEAUMONT. TEXAS r �_ r A r 0- 1 NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of thell 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 and executed Engineering Services Agreement from the CITY. 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: ATTEST: • a`df-- Stephani Gallagher CITY OF NEDERLAND For (Client) 'By Title DON S. REICHLE & ASSOCIATES For (Engineer) i2Q, .,1 s-.11. By J Title PROJECT COORDINATOR DON S. REICHLE & ASSOCIATES BEAUMONT. TEXAS 1116 -41h -M1116-11111111. �_ 055 EXHIBIT A-2 TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES January 1998 SCHAUMBURG & POLK, INC. Further Description of Basic Engineering Services and Related Matters This is an exhibit attached to, made a part of and incorporated by referenced into the Agreement made in January, 1998 between the CITY OF NEDERLAND (OWNER) and SCHAUMBURG & POLK. INC. (ENGINEER) providing for professional engineering services. The scope of services authorized herein is related to additional services as described in paragraph 2.1.11 of the agreement and described herein. Authorization for performance of the assignment described is given by signature of the authorized agents for the Owner and the Engineer below. This Exhibit authorizes surveying services to obtain topography for extension of utilities in the Annexation Area east of U.S. Highway 69, 96, 287. We recommend a budget of $15,400 be established for the scope of services identified below. This cost will not be exceeded without the City's written authorization. We anticipate start of work to begin within seven calendar days from a notice to proceed with field services and to be completed, with item numbers 1 through 3, below within 30 calendar days after commencement of work, provided delays due to weather are not experienced. The scope of services provided by Schaumburg and Polk is as follows: 1. Provide topographic survey along street right-of-way and rear easement for approximately 3200 feet of sanitary sewer and approximately 4100 of water line. The topographic survey will include the location of all visible wastewater and storm facility structures and a physical inspection of each structure to determine the line size and elevations. Visible improvements, such as drives, culverts, meters, sewer clean -outs, utility poles, signs, fences, trees, bushes and ditches, located in the right- of-way and easements will also be surveyed. Underground utilities will be located on the basis of visible accessories (manholes, inlets, valves) or locations as marked by the City or utility owner. Probing of utilities will not be performed. 2. Locate, for a maximum of eight hours, property corners along the route of the improvements. Property corners are to be surveyed as part of topography. 3. Provide information in plan and profile format at a scale of 1"=20 feet. Profiles to be along route of proposed water and sewer line. A 3.5 inch floppy disc of plan and profile sheet, in AutoCAD 13 compatible format, will be provided. Half scale drawings (1 1x17 sheets) will be provided with the disc. For the purpose of budget, a total of 10 plan and profile sheets were estimated. 4. Reproducible plan and profile sheets of final drawings, as prepared by the City, will be plotted. F:\Proposals\Nederland\Annexation Area - Exhibit A.2.doc Page -1- Schaumburg & Polk, Inc. CONSULTING ENGINEERS 056 The City will provide the following: 1. Copies of subdivision plats. Field locate water lines at distances of approximately 500 feet, or at Least two per line segment, to help establish location of topography for profile. 3. Contact other utilities to establish location of underground utilities. 4. Street map marked with desired layout of plan and profile sheets. Authorization of Assignment No. 2 Contract Dated January, 1998 between the City of Nederland and Schaumburg & Polk, Inc. CITY OF NEDERLAND ndre' Wimer City Manager .11,0nr-Ar, \-..k2 fa, ri Attest F:\Proposais\NederlandWnnexation Area - Exhibit A.2.doc Page -2- SCHAUI1IBURG & POLK, INC. A44La Gary C. wham Vice President 61— Attest Schaumburg & Polk, Inc. CONSULTING ENGINEERS 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 22, 1999 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 March 8, 1999 meeting as written. All Voted Aye. PROCLAMATIONS Mayor Nagel presented a Proclamation to Faith Shedrone, Rape and Suicide Crisis Center of Southeast Texas, declaring April, 1999, as "Sexual Assault Awareness Month" in Nederland. Ms. Shedrone thanked the Council for their support. She added that they have served over 40 victims in the Nederland area and asked City Officials and staff to work toward dispelling the myth surrounding victims' rights by remembering their slogan "Justice, Hope, and Healing." A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the Proclamation declaring April, 1999 as "Sexual Assault Awareness Month" in Nederland, Texas. All Voted Aye. Mayor Nagel presented a Proclamation to Vicki Derese and Cindy Fertitta of the March of Dimes declaring April 10, 1999 as "March of Dimes WalkAmerica Day" in Nederland. Ms. Derese and Ms. Fertitta thanked the Council for their support by authorizing this proclamation. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the Proclamation declaring April 10, 1999 as "March of Dimes WalkAmerica Day" in Nederland, Texas. All Voted Aye. ;) t 058 Minutes continued, March 22, 1999 RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to approve Resolution 1999-06, 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. REPORT WATER LINE A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1999-07, 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, the sanitary sewer system, sanitary sewer lift stations and force mains and certain costs related and incidental thereto. All Voted Aye. Cheryl Dowden, City Treasurer, briefed the Council on the City's new computer system. She stated that they are currently inputting data for the general ledger, purchase order, and utility billing software programs, and will begin training on the payroll system next week. Ms. Dowden reported that there was a problem with the remote computers but that has been resolved and Internet service is now working. She added that there are still a few problems with the e-mail addresses. The system is approximately 70-80 percent complete. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to postpone action regarding the water line on Patillo Road. All Voted Aye. WAGNER Andre' Winner, City Manager, updated the Council on the status of ADDITION resident complaints on Avenue G relative to oil damage to their PROJECT vehicles. He stated that letters were mailed last week to all residents that had filed a complaint and have had responses from twelve. Once the City receives the necessary receipts from all the residents they will be forwarded to Norman Highway Constructors. If they fail to reimburse the residents the City will pay them. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to instruct the City Manager to refer all damage claims to Avenue G residents vehicles to Norman Highway Constructors, Inc. and in the event that they fail to pay the claims then the City will pay them. All Voted Aye. 1 1 1 c 1 Minutes continued, March 22, 1999 059 PLANNING AND A motion was made by Mayor Nagel and seconded by Councilman ZONING Nugent to approve the final plat of Brook Hollow Subdivision, COMMISSION (outside the city limits, but within the City's extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Nugent to approve a contract with Maritime Petro Chem Clinic for drug/alcohol testing services. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a contract with Pickett -Jacobs Consultants, Inc. in the amount of $2,000.00 for inspection of pier installations, Wastewater Treatment Plant. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a contract with T & N Laboratories, Inc. in the amount of $1,668.00 for materials testing, Wastewater Treatment Plant. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an amendment of a contract with Schaumburg & Polk, Inc. in the amount of $2,000.00 for surveying services in connection with the Main "C" Drainage Area. All Voted Aye. PROPERTY - A motion was made by Councilman Nugent and seconded by SURPLUS Mayor Nagel to declare the following City property as surplus and authorize its disposal: wooden cabinets; four (4) Motorola radios; metal table with wheels; 3 -drawer file cabinet; three axes; NEC phone system with phones; Horizon phone system, no phones; water fountain; light bar; two (2) office chairs; shelving from old library; HP IIP Printer; and, hole hog. All Voted Aye. LICENSES/ A motion was made by Mayor Nagel and seconded by Councilman PERMITS Sawyer to approve an application for "on premise" consumption of alcoholic beverages to Charles Dees dba Jefferson County Single Adults Club. All Voted Aye. PERSONNEL A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve an amendment to the job description for the position of Library Page. All Voted Aye. 060 Minutes continued, March 22, 1999 PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Norman Highway Constructors, Inc. in the amount of $101,330.08, Wagner Addition wastewater collection improvements. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $3,545.32, Main "C" drainage study. All Voted Aye. EXECUTIVE The regular meeting was recessed at7:07 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551 .071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the water treatment plant; consultation with City Attorney regarding Newton Water Company matters; and, consultation with City Attorney regarding Treatment Designs, Inc. matters. RECONVENE The regular meeting was reconvened at 7:45 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Wimer, City Manager, reported that he, Mayor Nagel, and COMMENTS Steve Hamilton will meet with TxDOT this week relative to the Nederland Avenue project. He added that the Wastewater Treatment Plant lab building construction is scheduled to begin this week. Mr. Wimer asked for suggestions for naming the old library building. It was decided to name it "City of Nederland D. Bob Henson Office Building". He also reported that it appears that the roof of the building is leaking down the inside of the walls and is causing extensive damage to the facia, deck, etc. The City will obtain estimates to repair the damage and to replace with existing roof with a pitched roof. 11 n 1 1 1 061 Minutes continued, March 22, 1999 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 062 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway `Mayor CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager J r, r sv c ? n� lei dity Secretary .3.aa-9q Date (PRESENT ABSENT 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT PROJECT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE 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 expending 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 1999/2000 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 $52,750.00 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 the o12 day of Yvl4,xc), , 1999. omer E. Nagel, Mayor ✓ ATTEST: LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: arc --se Richard D. Hughes, ty Attorney 063 064 CITY OF NEDERLAND RESOLUTION 1999-07 ARESOLUTION 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, THE SANITARY SEWER SYSTEM, 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 plants and sanitary sewer system, (2) acquisition, construction, and equipping of sanitary sewer 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. 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 5200139.1 1 1 1 1 065 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. 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 (1cutti\ o?a, 1 qQ9 ATTEST: /s/ LaDonna Floyd LaDonna Floyd, City Secretary (SEAL) 5200139.1 -2- /s/ Homer Naee1 Homer Nagel, Mayor City of Nederland, Texas 066 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 Maritime Petro Chem Clinic, 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 one page), 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 1 1 067 SECTION FIVE ASSIGNMENT No assignment of this Agreement shall be valid without the written consent of the CITY. 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 o202 day of PIrAiit , 1999. MARITIME PETRO CHEM CLINIC ATTEST: CITY OF NEDERLAND, TEXAS Q �. 01 1d By: 1 Its: Pi 0.\i fir 068 EXHIBIT A AGREEMENT FOR SERVICES APRIL, 1999 EMPLOYER: City of Nederland SUBJECT: Substance Abuse Screening Program Maritime Petro Chem Clinic of Nederland agrees to offer a one call, full service drug and alcohol testing program to the City of Nederland. Description of integrated services and fees shall be as listed: DOT Drug Screen $24.50 MRO (Medical Review Officer) $10.00 Review and consultation with the applicant/employees regarding his/her test results. Non -DOT Drug Screen With Confirmation $23.00 Alcohol Test $17.00 Administered at Maritime Petro Chem Clinic of Nederland using PBA3000 Breath Analyzer. Alcohol detections of 0.2% or greater will be automatically confirmed by a second test. This is a calibrated breath analyzer approved by the Department of Transportation (DOT), and the results are evidential. Record keening/Retention (annual fee) $100.00 Includes a quarterly report and annual report as required by DOT. Random Generation An alpha/numerically generated list of employees for your company's random drug testing program currently is in place. A flat fee will be assessed for additions and/or deletions to the current list $5.00 Each random pull (monthly fee) $25.00 1 1 1 069 AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES CITY OF NEDERLAND WASTEWATER TREATMENT PLANT LABORATORY/OFFICE BUILDING NEDERLAND. TEXAS This agreement is by and between the CITY OF NEDERLAND, TEXAS, hereinafter called CLIENT, and PICKETT-JACOBS CONSULTANTS, INC., hereinafter called PJC, who agree as follows: 1. CLIENT desires to engage PJC to provide services in connection with CLIENT'S project (THE PROJECT) described as follows: City of Nederland Wastewater Treatment Plant Laboratori )Office Building Nederland. Texas PJC has submitted a Fee Schedule to the CLIENT, a copy of which is attached hereto and made a part hereof for such services, which Fee Schedule is acceptable to CLIENT. 2. PJC shall provide services for THE PROJECT in accordance with the scope of services described in the proposal dated March 2, 1999, which is made a part of this Agreement. Executed this c2o2 day of i1i ii , 1999 CLIENT: CITY OF NEDERLAND. TEXAS BY: TITLE: PJC: PICKETT-JACOBS CO S TANTS. INC. Mr. Steve Hamilton, P.E. Director of Public Works BY: TITLE: William V. Jaco , P.E. Vice-Presiden 07 k) 1999 FEE SCHEDULE FOR CONSTRUCTION INSPECTION SERVICES CITY OF NEDERLAND WASTEWATER TREATMENT PLANT LABORATORY/OFFICE BUILDING NEDERLAND. TEXAS 1. Technician/Inspector (Regular Time) $ 45.00/Hr. 2. Technician/Inspector (Over -Time) $ 60.00/Hr. 3. Vehicle for travel $ 0.45/Mi. 4. Typist $ 32.00/Hr. 5. Per diem $100.00/day PICKETT-JACOBS CONSULTANTS, INC. Geotechnical and Materials Engineering r ft - Lufkin and Tyler, Texas 1 P Lufkin (Home) Office 1609 South Chestnut. No. 107 Lufkin. Texas 75901 (409)634-5044 PICKETT-JACOBS CONSULTANTS, INC. Geotechnical and Materials Engineering A Mr. Steve Hamilton, P.E. Director of Public Works City of Nederland P. 0. Box 967 Nederland, Texas 77627 Dear Mr. Hamiliton: March 2, 1999 Lufkin, Texas 071 T}ler Office I820 Shiloh Road. No. 1405 Tier. Texas 75703 (903) 5SI-5596 Re: City of Nederland Laboratory/Office Building Nederland, Texas PJC Job No. 233-97 As requested by letter dated February 24, 1999 from Mr. Ricky J. Bourque, P.E. with Schaumburg and Polk, Inc., the Project Engineers, we are pleased to present our proposal for performing construction materials inspection services for the foundation on the referenced project. In accordance with the State of Texas Engineering Practice Act, thank you for choosing our firm to provide the requested engineering service. This proposal is based upon our understanding of the required scope of services as outlined by Mr. Bourque. The Proiect The project is the construction of a new Laboratory/Office building for the City of Nederland Wastewater Treatment Plant in Nederland, Texas. It is our understanding that the foundation will consist of 12 drilled and underreamed footings each to a depth of 14 feet below existing ground surface. Scone of Services Our services will be used on a full-time basis during construction of the drilled and underreamed pier foundation portion of this project. We will provide a Level II or III NICET Certified Engineering Technician with certification in Geotechnical Engineering Technology, or a Geotecnical Engineer, for this drilled and underreamed pier foundation inspection. 072 Mr. Steve Hamilton, P.E. March 2, 1999 Page 2 Purpose of Oualitv Assurance The role of our firm in this project is to provide inspection services during drilled and underreamed pier installations. These quality assurance services are professional in nature, requiring specialized education, and a high level of professional and technical competence. Design of the project is based on certain minimum requirements for materials and workmanship, as detailed in the project documents. The purpose of a quality assurance program is to assure the Engineer and Owner that the quality of materials and workmanship utilized during construction are in compliance with the plans and specifications. Our inspection services will be performed under the general guidance of a registered professional engineer. Basis of Charaes and Cost Estimate Charges would be made only for the specific services performed on a unit price basis in accordance with the Fee Schedule enclosed in our proposal. The unit price basis of charges allows flexibility in tailoring the quality assurance program to the specific needs of the project at any time. Mr. Bourque estimated that the time -frame for construction of the drilled and underreamed piers will be approximately three working days. Based on the above-mentioned number of working days, the estimated cost for inspection and engineering services will not exceed $2,000.00. If the number of days to perform the inspection services is different than the estimated three days, the cost will be adjusted accordingly. Qualifications Having performed the geotechnical investigation for this project our personnel are familiar with the soil conditions at the project site. We have performed drilled and underreamed pier inspection on many projects in the East Texas area. 1 1 1 Mr. Steve Hamilton, P.E. March 2, 1999 Page 3 Ending 0'7 3 We appreciate the opportunity to submit this proposal to you, and we remain available to answer any questions you may have. We will require at least a one week notice before the start of drilled and underreamed pier foundation installation. Please contact us if further information is needed. We look forward to hearing from you. Sincerely, PICKETT-JACOBS CONSULTANTS, INC. William V. Jobs, P.E. Vice -President WVJ:lb Enclosures: Fee Schedule Agreement for Construction Quality Assurance Inspection T&N93-03 COMMON SENSE ENGINEERING &N LABORATORIES, INC. 1 March 15, 1999 5020 JERRY WARE DR. (JEFF. COUNTY AIRPORT) BEAUMONT, TX 77705 PHONE: (409) 727-6291 / FAX: (409) 722-6961 CITY OF NEDERLAND - PUBLIC WORKS c/o Mr. Steve Hamilton, P.E. P.O. Box 967 Nederland, TX 77627-0967 Re: Proposal to Perform Q/C Testing Laboratory Services During Construction of "Office & Laboratory Building at Nederland Wastewater Treatment Piaui, Nederland. Texas". - (T&N Proposal # 99-015) 1 1 Dear Steve : T&N Laboratories, Inc., (T&N), is pleased to present for your consideration, this proposal to perform "Q/C Testing Laboratory Services" during construction at the above -referenced project. The following sections of this proposal will present a brief summary of engineering and technical experience, capabilities and a schedule of fees for our services. We are located in Jefferson County at the Airport to provide the "Golden Triangle" and Southeast Texas with qualified engineering and testing services. T&N Laboratories, Inc. is a small business enterprise with more than 40 years experience in materials & geotechnical engineering and Q/C testing service. We are chartered to operate in the State of Texas as an engineering service corporation. Technical assignments, procedures and reports are supervised by a staff of engineers registered to practice in the State of Texas. 1 -1- T&:9101 0'7 The "Capabilities Summary" included with this proposal is a listing of laboratory testing services associated with your requirements for the project. A "Q/C Schedule of Services & Fees" is attached for your review. After reviewing this proposal and schedule of fees, please contact me if you have any questions or require additional information about our services. T&N will provide all Q/C laboratory sampling, testing, inspection and reporting associated with, but not limited to, the following construction items for this project: Earthwork Foundation Footings Insulating Concrete Trenching/Backfilling Pile/Pier Monitoring Masonry Soil Stabilization Paving, Concrete, HMAC Structural Steel Cast -in -Place Concrete Q/C Inspection Built-up Roofing Other as Requested by Owner or Architect It is proposed to accomplish "Q/C Testing" on a unit -price basis in accordance with the attached "Schedule of Services and Fees". T&N's fee would be determined by actual amount of technical time expended on the project and laboratory Q/C testing performed during construction phases. Reports and invoices will be submitted according to your instructions. T&N will proceed with our work on the basis of your verbal authorization; however, if you agree with this proposal, please sign and return one (I) complete copy. When returning our copy, please complete the attached "Project Data Sheet" so that our files can be properly set-up and computer programmed for report distribution, invoicing, etc. -2- 01r, T&N93-03 We would sincerely appreciate this opportunity to provide "Q/C Testing Services" for this important project and be a part of the successful completion. In the future, as in the past, our intent is to earn your confidence in our services. Thanks for Your Support! Submitted for your approval, T&N LABORATORIES, INC. res'CYr ' CO. Tom A. Farmer President Enclosures: "T&N Schedule of Services & Fees" "Capability Summary" "Project Data Sheet" Copies: 2 - Mr. Steve Hamilton, P.E. 1 - T&N Mkt. File TAF/db AGREED HIS c•7 DAY OF BY: TITLE: (nay n FIRM: C of Al Ed v r 1 a.sl -3- -(1 c 3- 1 1 1999 1 tan93-0une> SCHEDULE OF SERVICES & FEES FOR Q/C TESTING AT WASTEWATER PLANT CITY OF NEDERLAND, TEXAS (T&N Proposal #99 - 01 5) CONCRETE INSPECTION & TESTING : A.) MONITOR INSTALLATION OF UNDERREAM FOOTINGS. 1) Inspection Time - Three (3) Hours @ S30.00 Each S90.00 2) Concrete Test Cylinders: Each : Three (3) @ 58.00 S24.00 B.) GRADEBEAM INSTALLATION : 1) Inspection Time - Sixteen (16) Hours @ $30.00 Each 5480.00 2) Concrete Test Cylinders: Each : Twelve (12) @ 58.00 596.00 C.) PRECAST CONCRETE FLOORING (2" & 3" TOPPING) 1) Inspection Time - Six (6) Hours @ $30.00 Each $180.00 2) Test Specimen: Each : Six (6) @ 58.00 548.00 D.) MASONRY BLOCK/PRISM TESTING: 1) Prism Testing Eight (8) Tests @ S25.00 Each 5200.00 2) Grout Cube Testing: Thirteen (13) Sets @ $30.00 5390.00 REPORT PREPARATION & CLERICAL: 1) Estimated Time - Eight (8) Hours @ 520.00 5160.00 ESTIMATED TOTALS $1,668.00 077 Schaumburg & Polk, Inc. CONSULTING ENGINEERS February 26, 1999 City of Nederland PO Box 967 Nederland, Texas 77627 Attn: Mr. Andre Wimer City Manager Re: Survey Services Main C Drainage Area S&P Project No. 4015 Gentlemen, 8865 College St, Suite 100 Beaumont, Texas 77707 Phone: (409) 866-0341 FAX: (409) 866-0337 Z 717 ;aY , MAR - 1 1999 The services provided for Project 4015 total $26,112.49. The amount authorized to date is $23,000. The major variance found, in review of the project budget and the work provided, was in the number of drainage structures (manholes, inlets, etc.) which required physical inspection. A total of 42 structures were estimated for budget purposes. The budget was based on an inspection time of 12 minutes per structure at a total cost of $639. A total of 182 structures were actually inspected, or an additional 333% above the original number budgeted. The proportional increase in the cost, based on the budgeted number, would be approximately $2100. We would request the City's consideration to increase the authorization by the $2000 to a total of $25,000. If the City authorizes this request, we have enclosed an invoice for this additional authorization. Sincerely, d". Ricky J. Bourque, P.E. Project Manager 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. April 12, 1999 MEETING The meeting was called to order at 3:00 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 Radcliff to approve the minutes of the March 22, 1999 meeting as written. All Voted Aye. DRAINAGE 1 TxDOT 1 Greg Frank and Russell Morkovski, Costello, Inc., gave a brief report on the status of the Main "C" Drainage Study. They stated that in Phase 2 they will be looking at several problem areas identified by City staff. Deficiencies were found at Hwy. 69 @ Hwy. 365 and Hwy. 69 @ Park Street, but are not prepared to offer solutions to the problems at this time. The models of the ditch systems are almost complete. A lengthy discussion was held between the Council and Robert Connor,Texas Department of Transportation, regarding the Nederland Avenue project. Mayor Nagel informed Mr. Connor that the City is still dissatisfied with the project because of the drainage problems caused by the asphalt in the curbs and the loose manhole covers. Mr. Connors stated that TxDOT is willing to mill the asphalt in the curbs but the machine will cause the milled portion to be rough. He added that this section should not be in the wheel path. Mayor Nagel asked that TxDOT contact the City prior to milling so that City staff could observe this process before they continue to do the entire street. Mr. Connor stated that the contractor's original bid for manhole adjustments was $150.00 per manhole for 38 manholes but that when the project was begun 62 manholes were discovered. He estimated that the cost to rebuild the neck of the manholes and replace materials as needed will be $2,000.00 per affected manhole. The City 079 U60 Minutes continued, April 12, 1999 WATER LINE Manager stated that 16 manholes were identified as having problems. Mr. Connor stated that the City would have to pay for these repairs. Mayor Nagel added that the project was not done according to the specifications and the City should not be responsible for additional costs. Mr. Connor estimated that the City's share would be approximately $41,000.00. He stated that he will contact Steve Hamilton, Director of Public Works, prior to the milling of the curbs so that City staff can approve the process. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone action regarding Nederland Avenue. All Voted Aye. Andre' Wimer, City Manager, informed the Council that the pressure test on the water line on Patillo Road has been completed but the City has not received the results. He reminded the Council that this property is outside the City's E.T.J. and is not included in our Certificate of Convenience and Necessity and to have it included would be a costly undertaking and he is not sure whether the City should become involved. A motion was made by Mayor Nagel and seconded by Councilman Nugent to instruct City staff to obtain costs for a master meter and inform the property owner that the City will not accept the line but would provide him with the master meter (at the owners expense) and he could distribute water to those he chooses. All Voted Aye. Jay Garth, Jay Garth, Inc., informed the Council that he anticipates Jefferson County accepting the road at their next meeting and asked the Council to reconsider their decision relative to the water line. Mayor Nagel responded that the Council felt that by accepting the water line it would place Nederland in a very liable situation due to fact that it is outside our E.T.J. and not included in our C.C.N. WAGNER Andre' Wimer, City Manager, reported that to date the City has ADDITION received $862.59 in receipts for cleaning of vehicles for those residents on Avenue G due to the fresh oil that was placed on their street. He added that Schaumburg & Polk, Inc. talked to the Texas Water Development Board and they stated that we could reimburse ourselves for these expenses. Rick Hughes, City Attorney, stated that he would like to further investigate this prior to the City approving the reimbursement. 081 Minutes continued, April 12, 1999 A motion was made by Councilman Sawyer and seconded by Mayor Nag& to postpone action regarding concerns on Avenue G. citizen complaints. All Voted Aye. The City Manager also informed the Council that there are concerns with the actual road repair project of Avenue G. Mike Rogers, 719 South 27 Street, addressed the Council relative to the Avenue G project. He showed them pictures of his property where the contractor piled materials in his yard, broke a culvert, and destroyed grass and has not been back to make the necessary repairs. He stated that the contractor informed him that they will repair his property but that they have 130 days left on their contract. Mr. Rogers stated that it has been like this for months and he would like to have it fixed as soon as possible. Rick Bourque, Schaumburg & Polk, Inc., stated that he wrote a letter to Norman Highway Constructors on March 12, 1999, regarding the work on Avenue G and let them know the oil was bleeding through and the City's dissatisfaction with the project. He asked the Council to authorize the testing of several different locations of the road. He stated that they would like to cut a section from different locations to have it tested relative to amounts of oil, rock, etc. in order to determine what is causing the problems. He estimates the cost of the testing will be $ 1,700.00. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the recommendation of Schaumburg & Polk, Inc. to conduct testing on the road surface of Avenue G in an amount of $ 1,700.00. All Voted Aye. WATER AND Andre' Wimer, City Manager, reviewed the report by Schaumburg WASTEWATER & Polk, Inc. regarding a standby generator study for the Water and PLANTS Wastewater Treatment Plants. He stated that he will obtain an estimate to begin engineering work on the Water Plant generator needs. CITIZEN Heraldo Munoz, Parkway Village, addressed the Council relative to COMMENTS the City of Nederland's ordinance prohibiting ice cream trucks in the city limits. He asked if the City could abolish this law. Mayor Nagel informed Mr. Munoz that due to the fact that this item was not on the agenda the Council could not take any kind of action, but he could contact the City Secretary if he would like it placed on a future agenda. Minutes continued, April 12, 1999 ELECTION A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Resolution 1999-09, appointing Bobbie Green to replace Sonya Willis as the Presiding Judge and Presiding Judge of the Early Voting Ballot Board for the City of Nederland General and Special elections to be held on May 1, 1999. All Voted Aye. PROPERTY- A motion was made by Councilman Nugent and seconded by LICENSE TO Councilman Radcliff to approve Resolution 1999-08, authorizing ENCROACH a License to Encroach at 2312 Oak Ridge and authorizing the City Manager to sign the document. All Voted Aye. STREETS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the FY 98-99 Street Program. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Nugent to award proposals received for playground equipment for the South 51h Street Park to Thompson Recreation, Inc. for the Game Time Model #G11567 in the amount of $8,500.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award proposals for playground equipment for the Boston Avenue Park to All Play, Inc. for the Play Builder QT78624 in the amount of $8,500.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the advertisement of bids for one (1) zero turning radius mower for the Parks Department. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for street materials. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize advertisement of bids for an influent lift station at the Wastewater Treatment Plant. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for sewer line repair/replacement, Sanitary Sewer Evaluation Survey. All Voted Aye. 1 1 1 Minutes continued, April 12, 1999 LIBRARY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the purchase of computers, printers, and related components off the state contract for the Marion and Ed Hughes Library. All Voted Aye. CONTRACTS/ A motion was made by Councilman Nugent and seconded by AGREEMENTS Councilman Radcliff to postpone approving contracts with the Nederland Chamber of Commerce and the Nederland Historical Society. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a contract with the Port Arthur Y.M.C.A. for the use of Doornbos Park Swimming Pool for swimming lessons. All Voted Aye. A motion was made by Mayor Nag& and seconded by Councilman Radcliff to approve a contract for janitorial services. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract for additional surveying services for the Main "C" Drainage Study with Costello, Inc. in the amount of $2,175.00. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Schaumburg & Polk, Inc. as follows: $825.00, generator study; $4,920.23, wastewater system rehabilitation; $8,048.46, Wagner Addition wastewater system improvements; and, $9,571 .51, Wastewater Treatment Plant improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Brammer Construction, Inc. in the amount of $26,267.50, lab/office building, Wastewater Treatment Plant. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to GISSCO in the amount of $7,830.00, water/wastewater plant demolition. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to A.M.R.S., LLC, dba A.R.M.S. in the amount of $49,266.00, gym and racquetball court floors project. All Voted Aye. 05 084 Minutes continued, April 12, 1999 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment of the bills for the month of March, 1999. All Voted Aye. EXECUTIVE The regular meeting was recessed at 5:25 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; consultation with City Attorney regarding Newton Water Company matters; consultation with City Attorney regarding Treatment Designs, Inc. matters; and consultation with City Attorney regarding Texas Department of Transportation matters. RECONVENE The regular meeting was reconvened at 6:50 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. OFFICIALS' Andre' Winner, City Manager, reported that inspection of the Hardy COMMENTS Avenue water tower is progressing. He also reported that it is estimated that bids on the intersection projects will be let by the State in September. This may present a problem for our projects because we will need to purchase property for the renovations and this will not allow us enough time. This will be discussed further at the next meeting. ADJOURN There being no further business the meeting was adjourned at 7:00 p.m. by Mayor Nagel. ATTEST: YM�Vi LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, (Viayorr City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden . Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager (\Z10.0.11,4 City Secretary u-/Z-Rqi Date (PRESENT 085 ABSENT 1 086 RESOLUTION 1999-09 A RESOLUTION APPOINTING ELECTION OFFICIALS IN ACCORDANCE WITH THE TEXAS ELECTION CODE. WHEREAS, it has become necessary to replace the Presiding Judge and Presiding Judge of the Early Voting Ballot Board for the City of Nederland General and Special Elections. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY -OF NEDERLAND, TEXAS: THAT the City Council hereby appoints Bobbie Greene to replace Sonya Willis as the Presiding Judge and Presiding Judge of the Early Voting Ballot Board for the City of Nederland General and Special Elections to be held Saturday, May 1, 1999. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the la day of_n p , 1999. ATTEST: Dec hcri V" - `P`J LaDonna Floyd, City Secretary City of Nederland, Texas 7 X77. Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 087 CITY OF NEDERLAND RESOLUTION NO. 1999-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND MICHAEL P. ROEBUCK, ET.UX., REGARDING ENCROACHMENTS ADJACENT TO LOTS 7-8, BLOCK 4, CHRISTINA COURT III TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Michael P. Roebuck, et. ux., (Licensee) pertaining to encroachments adjacent to Lots 7-8, Block 4, Christina Court III, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the ia. day of , 1 999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Rinharrl fl HoinhPc r'ity A4tnrnov 088 STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT AND AGREEMENT The City of Nederland, Texas (hereinafter referred to as "City") and the Port Arthur Y.M.C.A. (hereinafter referred to as `YMCA") have agreed and do hereby agree to sponsor a joint summer swimming instructional program. The parties hereto agree that for and in consideration of six hundred dollars ($600) paid no later than May 25, 1999, to the City by the YMCA, the City will furnish the swimming pool located at Doombos Park, 2301 Avenue H, Nederland, Texas on weekdays (Tuesday through Friday — Optional rain -out day, Monday) from June 1, 1999 through August 6, 1999. The time periods each weekday shall be from 10:00 a.m. to 12: 00 p.m.. The principal intent of the YMCA is to use the swimming pool to teach swimming instructions for their summer program participants. As further consideration, the YMCA hereby contracts and agrees to the following: 1. The YMCA will pay all instructors and fumish at least one supervisor on the YMCA payroll to be on site for each conducted session. If a certified Water Safety Instructor or Progressive Swimmer Instructor cannot be furnished, then the supervisor must be currently trained and certified in CPR and First Aid; 2. The YMCA will carry liability insurance, naming the City as loss payee, in at least the minimum amount of $500,000.00, and hereby agrees to furnish the City 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 canceled or coverage reduced during the term of the agreement; 3. YMCA will carry worker's compensation insurance covering claims for damages because of bodily injury, occupational sickness or disease, or death of its employees under any applicable employer's liability law. Such insurance policy shall be provided to the City prior to the beginning date of the Contract. Such policy shall not be canceled or coverage reduced during the term of the agreement; 4. The YMCA hereby agrees to leave the swimming pool area in as "clean" a condition after each swimming session as it was before each swimming session. It is hereby agreed by the parties hereto that the YMCA shall have control over all participants and all instructors in the swimming program. The beginning date of this Contract shall be June 1, 1999 and the Contract shall terminate August 6, 1999. Parties hereto agree that the City has no responsibility concerning this contract and the summer swimming program other than the furnishing of the swimming pool. r — a 1 1 1 089 Page 2 AS FURTHER CONSIDERATION, Y.M.C.A., ITS DIRECTORS AND ASSIGNS, DOES HEREBY RELEASE, DISCHARGE, DEFEND AND HOLD HARMLESS THE OWNERS, OPERATORS AND SPONSORS OF THE PREMISES, INCLUDING BUT NOT LIMITED TO, THE CITY OF NEDERLAND, ITS AGENTS, OFFICERS, OFFICIALS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY SORT, INCLUDING ATTORNEY'S FEES AND COSTS OF DEFENSE, FOR INJURIES SUSTAINED TO ANY PERSON AND/OR PROPERTY DURING OR ARISING OUT OF Y.M.C.A.'S PRESENCE ON THE PREMISES AND/OR 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 NEGLIGENGE 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 INJURY OR DAMAGE, OR A PROXIMATE CAUSE JOINTLY AND CONCURRENTLY WITH NEGLIGENCE OF THE Y.M.C.A. AND/OR THIRD PARTIES. City. This Contract may not be assigned by the Y.M.C.A. without the express, prior approval of the Witness our hands this /c2 day of nf1A, G CITY OF NEDERLAND Homer E. Nagel, Mayor ATTEST: cacci LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorne Y r PORT ARTHUR Y.M.C.A. Aa7( 174' President, Board of Directors/ ATTEST: Y.M.C.A. Seeretrxy ? eft) on , 1999. 090 a;t MUTUAL AGREEMENT TO EXTEND INDEPENDENT CONTRACTOR'S AGREEMENT In accordance with the Independent Contractor's Agreement effective March 1, 1997, specifically Section III, the City of Nederland and Action Bonded Cleaning, Inc. mutually agree to extend the agreement for one year beginning on March 1, 1999, in accordance with Section XIII, Item A. regarding General Provisions. The terms provisions and conditions of this Agreement are amended, modified, and supplemented as follows: Section IV regarding Compensation shall be amended to reflect the monthly prices listed below for regular services completed in accordance with the specifications: City Hall, Police, MCML Dispatch - two nights per week $865.00 Public Works/Nederland Economic Development Corporation (EDC) - two nights per week $156.00 Parks and Recreation - one night per week $300.00 Executed this _4:2_ of , 1999, but effective as of the effective date set forth herein. ACTION BONDED CLEANING, INC. ATTEST: c LaDonna Floyd, City Secretary By: Name: Quin Fontenot Its: President CITY OF NEDERLAND, TEXAS By: Name: Homer Nagel V Its: Mayor 1 1 1 091 ,f REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 26, 1999 MEETING QUORUM MINUTES REQUESTS 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. See attached. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the April 12, 1999 meeting as written. All Voted Aye. Wesley Ellis, 216 - 23 Street, addressed Council relative to stop signs at 23rd Street and Boston Avenue and obstruction of view at 23' Street and Helena Avenue. Mr. Ellis stated that due to the high number of vehicles traveling down 23rd Street and the fact that there are numerous children in the area he feels that there is a need for a 4 -way stop sign at this intersection. He added that there appears to be vehicles traveling beyond the speed limit which usually occurs in the late afternoon and on weekends. Mr. Ellis also stated that there is obstruction of view at 23rd Street while trying to pull out onto Helena Avenue. He asked if the No Parking sign that is currently there could be moved further away from the corner. He added that the people who live on the corner have several vehicles and the way they park is causing a blind corner. Chief Billy Neal responded that he ran radar in this area and the average mile per hour was 28-30. The Council asked Chief Neal if he could perhaps run radar during the times stated above and report back to them at the next meeting. Chief Neal stated that he would be happy to run radar and check the blind corner prior to the next meeting. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the request from Wesley Ellis, 216 - 23' Street, regarding stop signs at 23rd Street and Boston Avenue and obstruction of view at 23rd Street and Helena Avenue. All Voted Aye. Minutes continued, April 26, 1999 Kenneth Keath, 232 South 15`h Street, addressed the Council relative to the increase in his property value by the recently performed appraisals by the Jefferson County Appraisal District. Mr. Keath stated that he knows the Council has no authority over the Appraisal District but he asked if they could call them to express the citizens views. He added that he will appeal to the Board of the District. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to sympathize with Mr. Keath and wish him luck on his appeal to the Jefferson County Appraisal District. All Voted Aye. NEDERLAND Andre' Wimer, City Manager, reported that the reason TxDOT has AVENUE not returned to perform the milling is that they are apparently awaiting on a response from the City regarding their last correspondence asking for partial funding for the repairs. Robert Conner, TxDOT, informed Steve Hamilton, Director of Public Works, that he will be contacting the contractor to perform the milling on a small section of the roadway. This should be done sometime in the near future. WATER LINE Mr. Wimer reported that staff has obtained costs for two options regarding the installation of a master meter on Patillo Road. The cost of a 6 -inch meter is $3,750 plus an additional $2,773 for a gate valve, valve box, and meter box. The second option would be for a 2 -inch meter. It would be possible to bypass the existing connection point with a 2 -inch line and meter, which would serve the existing 6 -inch water line. This option would not allow for adequate flow for fire protection. The cost for the meter is $389, plus an additional $868 for gate valves, tees, reducers, a valve box, and a meter box. The total cost for the 6 -inch meter is $6,523 and the total cost for the 2 -inch meter is $1,257. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to direct City staff to inform Jay Garth, owner of the water line on Patillo Road, of the options and their costs, as well as the liability associated with the water flow by using the 2 -inch meter. All Voted Aye. WAGNER Rick Bourque, Schaumburg & Polk, Inc., informed the Council that ADDITION they are waiting on the results of the lab tests on the roadwork on PROJECT Avenue G. The results should be in next week. r t Minutes continued, April 26, 1999 ORDINANCES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve an Amendment to Ordinance No. 164, setting Council meeting dates. All Voted Aye. A discussion was held on whether the City of Nederland should adopt an ordinance governing sexually oriented businesses. Richard Hughes, City Attorney, informed the Council that we may want to adopt one to discourage these types of businesses from locating within Nederland. He asked if we do adopt such an ordinance how would we want it to be governed - through zoning regulations or through permitting process like the alcoholic beverage permits. Mayor Nagel stated that this is something that we should consider and he asked the City Attorney to continue his research regarding how and what we should do to adopt this type of ordinance. INVESTMENT Cheryl Dowden, City Treasurer, presented the Quarterly Investment REPORT Report, for the quarter ending March 31, 1999. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to accept the Quarterly Investment Report as presented. All Voted Aye. INTERSECTION A motion was made by Mayor Nagel and seconded by Councilman PROJECT Nugent to approve construction plans for the intersections located at South 27th Street and Avenue H and 27`h Street and Helena Avenue. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Mayor Nagel to approve a contract with the Nederland Chamber of Commerce for the expenditure of hotel/motel funds. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve a contract with the Nederland Historical Society for the expenditure of hotel/motel funds. All Voted Aye. PERSONNEL A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an amendment to the Wage and Salary Classification Plan, adding the positions of Head Lifeguard, Lifeguard, and Cashier. All Voted Aye. 094 Minutes continued, April 26, 1999 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to approve an amendment to Section 3.0, Incentive Pay Program of the Wage and Salary Classification Plan. All Voted Aye. PROPERTY - A motion was made by Councilman Sawyer and seconded by SURPLUS Mayor Nagel to declare certain property (see attached) as surplus and authorize its disposal. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Picket -Jacobs Consultants, Inc. in the amount of $769.80, Wastewater Treatment Plant lab/office building. All Voted Aye. REQUEST A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to T & N Laboratories, Inc. in the amount of $437.00, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Costello, Inc. in the amount of $4,056.98, Main "C" Study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Norman Highway Constructors, Inc. in the amount of $103,363.65, wastewater collection improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to deny the request of Heraldo Munoz, 3245 Cedar Lane, regarding ice cream truck vending. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:32 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, City Manager evaluation; Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551 .071, Robert Miller v. City of Nederland, Louis Hernandez v. City of Nederland, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., possible litigation against KSA Engineers, Inc. regard the Water Treatment Plant, consultation with City Attorney regarding Newton Water Company matters, Treatment Designs, Inc. matters and Texas Department of Transportation matters. Minutes continued, April 26, 1999 RECONVENE The regular meeting was reconvened at 8:42 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 COMMENTS Planning and Zoning Commission has requested to conduct a joint workshop with the City Council regarding the zoning ordinance and has tentatively set the meeting for Tuesday, May 18`h. Mr. Wimer presented a copy of the City of Port Arthur's ordinance regulating storage of tires. He added that staff will be working on an ordinance for the City of Nederland for their review. Mayor Nagel reminded everyone that the American Cancer Society's Relay for Life will begin Friday at Bulldog Stadium. Councilman Nugent asked the City Manager if the doorway between the City Council Chambers and the Fire Department could be permanently sealed in order to prevent noise and cooking odors from entering Council Chambers. Councilman Daughtry inquired about the Mid Jefferson Hospital and City employee picnic scheduled for May. Mr. Wimer stated that the picnic is scheduled for May 8th. ADJOURN There being no further business the meeting was adjourned at 8:55 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden . Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Secretary L1-D2C12 - 619 Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE I PRESENT ABSENT Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager f - via tv 1 1 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 4, 1999 THROUGH APRIL 24, 2000. 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 ofthc City of Nederland, Texas. All of the below regular meetings shall begin at 3:00 p.m. on each of the following dates: May 4, 1999 June 14, 1999 July 12, 1999 August 9, 1999 September 13, 1999 October 11, 1999 November 8, 1999 December 6, 1999 January 10, 2000 February 14, 2000 March 13, 2000 April 10, 2000 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 17, 1999 June 28, 1999 July 26, 1999 August 23, 1999 September 20, 1999 October 25, 1999 November 22, 1999 December 13, 1999 January 24, 2000 February 28, 2000 March 27, 2000 April 24, 2000 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 thcaaa day of April, 1999. ATTEST: C1.1!iyw^us_ ( �Y/i onna Floyd, City Secretary City of Nederland, Texas IAPPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At(6rney City of Nederland, Texas _C" frp Homer E. Nagel, Mayor City of Nederland, Texas 09'7 bo 098 STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT I. Parties This agreement is made and entered into by and between the NEDERLAND CHAMBER OF COMMERCE (the "Chamber"),•.with its offices located at 1515 Boston Avenue, Nederland, Texas and THE CITY OF NEDERLAND (the "City"), an incorporated home rule municipality with its offices located at 1400 Boston Avenue, Nederland, Texas. II. Authority Each party is acting by and through its duly elected officials heretofore duly authorized to act. The City, by authority of powers granted to it under State statutes and its home rule charter, has heretofore enacted a hotel occupancy tax on occupants of hotels within the City of Nederland. III. Purpose and Findings The City has heretofore adopted an ordinance providing for the assessment and collection of a Hotel Occupancy Tax in the City of Nederland of seven percent (7%) of the consideration paid by the occupant of a room, space or facility in any hotel. The City desires to contract with the Chamber for the promotion of the convention and tourism industry within the City of Nederland. IV. Formation The City and the Chamber make and enter into the following agreement: The City hereby designates and authorizes the Chamber, and the Chamber accepts and agrees, to act as administrator of a community advertising and promotional program to be executed by said Chamber and funded by the City from funds generated by the hotel/motel occupancy tax. The Chamber shall use such funds for the purpose of planning and executing a marketing program designed to enhance the image of Nederland as an attractive city for tourists, visitors, conventions and administrative costs of such programs and this agreement. All expenditures shall be in accordance with applicable State laws and City ordinances as outlined in V.T.C.A. Tax Code §351 et seq. The Chamber shall administer the funds, provide a staff, and plan and execute a coordinated program to accomplish the following: The Chamber agrees that any hotel occupancy tax funds paid to it by the City shall be used only in the following specific areas: 1 1 1 099 (1) The furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (2) Advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the City by advertising in various tourist publications and general media shows, by participating with state and regional agencies in tourist development programs of benefit to the local area and the City, and by using all appropriate means to increase the traveling public's awareness of the resort and recreational advantages of the local area and the City. (3) Advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit historic sites and museums. The Chamber further agrees that it will seek to achieve economic benefit for the City through all such activities and that it will provide tourist -related information about the City. V. Compensation For such services the City shall pay the Chamber 80% of the amount of revenue (other than fines, interest or penalties) received by the Municipal Hotel Occupancy Tax under V.T.C.A. Tax Code §351. The compensation payable to the Chamber shall be expended in a manner enhancing and promoting tourism and the convention and hotel industry as permitted by Section IV of this agreement and in accordance with Subsection (a), (2) and (3) of V.T.C.A. Tax Code §351.1 01. That revenue may not be used for the general revenue purposes of the Chamber. VI. Source and Limitation on Compensation Such compensation shall be payable only from revenue actually received by the City which is derived solely from the Municipal Hotel Occupancy Tax collected under V.T.C.A. Tax Code §351. Such amounts shall be paid quarterly in February, May, August, and November of each contract year beginning May 1999. Such compensation is further payable only from current Municipal Hotel Occupancy Tax revenues available to the City. VII. Term The term of this agreement shall begin on May 1, 1999, and shall remain in effect for one year; renewable for additional one (1) year periods at the option of the City and such term(s) shall be subject to the provisions regarding withdrawal and termination as stated herein. The following operating procedures are hereby adopted: 1. Budget - The Chamber shall submit to the City an annual budget for the expenditure of hotel/motel tax funds. The budget shall be submitted to the City at such time that the Chamber prepares its annual operating budget. 2. Reports - A progress report of activities and financial operations shall be made to the City following the end of each calendar quarter with the first report due July 1999 and each quarter thereafter. Each report will include income and disbursements for the,preceding quarter and the fiscal year to date. Additionally, this report shall indicate any fund balance of the Hotel/Motel Tax Fund. The first report each year shall include an annual report of the previous year's activities. 3. Bank Account - The Chamber shall deposit in a separate bank account, established by the Chamber of Commerce and entitled "Nederland Chamber Hotel/Motel Tax Fund," all monies paid by the City from hotel/motel tax for services rendered under this agreement. The Chamber shall not comingle hotel/motel tax funds with other Chamber funds. The Chamber shall have custody and responsibility for the bank account and all records relating thereto, during the term of this agreement. 4. Record Retention - All original books of entry will be maintained in perpetuity. All canceled checks and other financial records will be maintained for a period of five (5) years after the close of a fiscal year. 5. Accountina - All accounting procedures, records and reports shall be available for inspection by a duly authorized representative of the City. VIII. Delegation of Responsibility The Chamber shall use the funds provided solely to further the purposes stated herein. The program planning, preparation, and execution under this agreement shall be the sole responsibility of the Chamber, and the Chamber shall indemnify the City for any action taken or debt incurred by the Chamber contrary to the provisions of this agreement. The obligation of the City shall be limited to the transmittal of funds (as provided herein) collected by virtue of the hotel/motel occupancy tax during the term of the agreement. Pursuant to V.T.C.A. Tax Code §351.101(c), the City hereby delegates to the Chamber the management and supervision of programs and activities funded with the compensation paid the Chamber by the City. The provisions of V.T.C.A. Tax Code §351.101(a),(b),(c),(e),(f) and (g) are incorporated herein by reference with such force and effect as if set forth herein verbatim, and the Chamber agrees to do those things required therein of the person to whom such matters are delegated. 1 1 1 1 IX. Withdrawal by the Chamber The Chamber may withdraw from this agreement if the City materially breaches this agreement and such breach remains uncured for sixty (60) days after actual written notice to the City describing such breach and demanding its cure. The Chamber may also withdraw from this agreement for any reason upon one (1) year prior written notice to the City. In the event that the contract is terminated, any unexpended funds, as of the effective date of termination, shall be returned to the City. X. Withdrawal/Termination by the City The City may withdraw from this agreement if the Chamber materially breaches this agreement and such breach remains uncured for sixty (60) days after the actual written notice to the Chamber describing such breach and demanding its cure. The City may also withdraw from this agreement by failing to renew under the Term Paragraph hereof (paragraph VII) with one (1) year advance notice to the Chamber of such intent by the City not to renew. During the term of this contract, the Chamber shall, upon request by the City, provide verification that funds are expended in accordance with this contract and applicable State statutes. In the event that such proof is not furnished or it is determined that the funds have not been expended in accordance with this contract and applicable state statutes, this agreement shall terminate immediately at the sole option of the City. Further, the City may withdraw from this agreement for any other permitted reasons under the terms of this agreement. In the event of withdrawal or termination, any unexpended funds, as of the effective date of termination, shall be returned to the City. XI. Independent Contractor The Chamber is an independent contractor in performance of this agreement. The Chamber shall have exclusive control (within the parameters of this agreement) of the performance of the services and functions to be provided. All employees shall be those of the Chamber only and the City shall have no power or right to control their work or in any way direct them. XII. Indemnity To the extent permitted by law, the Chamber shall indemnify and hold the City harmless for damages, personal injury, and/or death that may be asserted against the City arising from operations of the Chamber which are in any way related or having to do with this agreement. XIII. Non -Exclusive Both parties agree that this agreement (contract) is non-exclusive. Each may engage in similar activities, programs, promotions, advertising, etc., either on their own or through other contractual agreements. Both agree that such will not be a breach of this ti 1 10? agreement unless it directly interferes with services to be provided, payments for such service or other conditions stipulated in this agreement. XIV. Applicable Laws Claims by or against the parties shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. XV. Non -Waiver It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity of defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XVI. Venue Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in Jefferson County, Texas. XVII. Governing Law The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. XVIII. Severability In case any one or more of the minor provisions contained in this agreement 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 thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Notwithstanding anything to the contrary, if any of the basic terms of this agreement such as the parties legal ability to enter into it, the ability to pay for such functions and services, the source or percentage or amount of such payments or the qualification of the Chamber for funding by the Municipal Hotel Occupancy Tax, propriety of delegation of services or functions or the budgetary approval provisions of the agreement are found invalid, illegal or unenforceable, then this agreement shall be voidable at will by either party. XIX. Notice Notices shall be written and mailed by certified mail or hand delivered to the City through its City Manager and to the Chamber through its Executive Vice President. 1 1 1 1 1 1;)3 XX. Effective Date This agreement shall become effective May 1, 1999 and shall continue in effect until it has been terminated according to this agreement. XXI. Modification This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. XXII. Total Agreement This instrument contains all commitments and agreement of the parties, and oral or written commitments not contained herein shall have no force or effect to after any term or condition of this agreement. XXIII. Headings The headings of sections or paragraphs of this agreement are for convenience purposes only and in no way control, contradict or limit the contents of such sections or paragraphs. XXIV. Approval This agreement shall be executed by the duly authorized official(s) of each party as authorized by the governing body of each such party. XXV. Counterparts The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized officer(s) of each participant, and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement. Executed and effective as of the 151 day of May, 1999. Homer E. Nagel, Mayor Keith Fontenot, President City of Nederland, Texas Nederland Chamber of Commerce 104x,,s STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT I. Parties This agreement is made and entered into by and between the NEDERLAND HISTORICAL SOCIETY (the "Society"), with its offices located at P. O. Box 807, Nederland, Texas and THE CITY OF NEDERLAND (the "City"), an incorporated home rule municipality with its offices located at 1400 Boston Avenue, Nederland, Texas. II. Authority Each party is acting by and through its duly elected officials heretofore duly authorized to act. The City, by authority of powers granted to it under State statutes and its home rule charter, has heretofore enacted a hotel occupancy tax on occupants of hotels within the City of Nederland. III. Purpose and Findings The City has heretofore adopted an ordinance providing for the assessment and collection of a Hotel Occupancy Tax in the City of Nederland of seven percent (7%) of the consideration paid by the occupant of a room, space or facility in any hotel. The City desires to contract with the Society for the promotion of the convention and tourism industry within the City of Nederland. IV. Formation The City and the Society make and enter into the following agreement: The City hereby designates and authorizes the Society, and the Society accepts and agrees, to act as administrator of a community advertising and promotional program to be executed by said Society and funded by the City from funds generated by the hotel/motel occupancy tax. The Society shall use such funds for the purpose of planning and executing a marketing program designed to enhance the image of Nederland as an attractive city for tourists, visitors, conventions and administrative costs of such programs and this agreement. All expenditures shall be in accordance with applicable State laws and City ordinances as outlined in V.T.C.A. Tax Code §351 et seq. The Society shall administer the funds, provide a staff, and plan and execute a coordinated program to accomplish the following: The Society agrees that any hotel occupancy tax funds paid to it by the City shall be used only in the following specific areas: (1) 105 The furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (2) Advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the City by advertising in various tourist publications and general media shows, by participating with state and regional agencies in tourist development programs of benefit to the local area and the City, and by using all appropriate means to increase the traveling public's awareness of the resort and recreational advantages of the local area and the City. (3) Advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit historic sites and museums. The Society further agrees that it will seek to achieve economic benefit for the City through all such activities and that it will provide tourist -related information about the City. V. Compensation For such services the City shall pay the Society 5% of the amount of revenue (other than fines, interest or penalties) received by the Municipal Hotel Occupancy Tax under V.T.C.A. Tax Code §351. The compensation payable to the Society shall be expended in a manner enhancing and promoting tourism and the convention and hotel industry as permitted by Section IV of this agreement and in accordance with Subsection (a), (2) and (3) of V.T.C.A. Tax Code §351.1 01. That revenue may not be used for the general revenue purposes of the Society. VI. Source and Limitation on Compensation Such compensation shall be payable only from revenue actually received by the City which is derived solely from the Municipal Hotel Occupancy Tax collected under V.T.C.A. Tax Code §351. Such amounts shall be paid quarterly in February, May, August, and November of each contract year beginning May 1999. Such compensation is further payable only from current Municipal Hotel Occupancy Tax revenues available to the City. VII. Term The term of this agreement shall begin on May 1, 1999, and shall remain in effect for one year; renewable for additional one (1) year periods at the option of the City and such term(s) shall be subject to the provisions regarding withdrawal and termination as stated herein. 106 9 .g The following operating procedures are hereby adopted: 1. Budget - The Society shall submit to the City an annual budget for the expenditure of hotel/motel tax funds. The budget shall be submitted to the City at such time that the Society prepares its annual operating budget. 2. Reports - A progress report of activities and financial operations shall be made to the City following the end of each calendar quarter with the first report due July 1999 and each quarter thereafter. Each report will include income and disbursements for the preceding quarter and the fiscal year to date. Additionally, this report shall indicate any fund balance of the Hotel/Motel Tax Fund. The first report each year shall include an annual report of the previous year's activities. 3. Bank Account - The Society shall deposit in a separate bank account, established by the Society of Commerce and entitled "Nederland Historical Society Hotel/Motel Tax Fund," all monies paid by the City from hotel/motel tax for services rendered under this agreement. The Society shall not comingle hotel/motel tax funds with other Society funds. The Society shall have custody and responsibility for the bank account and all records relating thereto, during the term of this agreement. 4. Record Retention - All original books of entry will be maintained in perpetuity. All canceled checks and other financial records will be maintained for a period of five (5) years after the close of a fiscal year. 5. Accounting - All accounting procedures, records and reports shall be available for inspection by a duly authorized representative of the City. VIII. Delegation of Responsibility The Society shall use the funds provided solely to further the purposes stated herein. The program planning, preparation, and execution under this agreement shall be the sole responsibility of the Society, and the Society shall indemnify the City for any action taken or debt incurred by the Society contrary to the provisions of this agreement. The obligation of the City shall be limited to the transmittal of funds (as provided herein) collected by virtue of the hotel/motel occupancy tax during the term of the agreement. Pursuant to V.T.C.A. Tax Code §351.101(c), the City hereby delegates to the Society the management and supervision of programs and activities funded with the compensation paid the Society by the City. The provisions of V.T.C.A. Tax Code §351.101(a),(b),(c),(e),(f) and (g) are incorporated herein by reference with such force and effect as if set forth herein verbatim, and the Society agrees to do those things required therein of the person to whom such matters are delegated. 1 1J IX. Withdrawal by the Society The Society may withdraw from this agreement if the City materially breaches this agreement and such breach remains uncured for sixty (60) days after actual written notice to the City describing such breach and demanding its cure. The Society may also withdraw from this agreement for any reason upon one (1) year prior written notice to the City. In the event that the contract is terminated, any unexpended funds, as of the effective date of termination, shall be returned to the City. X. Withdrawal/Termination by the City The City may withdraw from this agreement if the Chamber materially breaches this agreement and such breach remains uncured for sixty (60) days after the actual written notice to the Chamber describing such breach and demanding its cure. The City may also withdraw from this agreement by failing to renew under the Term Paragraph hereof (paragraph VII) with one (1) year advance notice to the Chamber of such intent by the City not to renew. During the term of this contract, the Chamber shall, upon request by the City, provide verification that funds are expended in accordance with this contract and applicable State statutes. In the event that such proof is not furnished or it is determined that the funds have not been expended in accordance with this contract and applicable state statutes, this agreement shall terminate immediately at the sole option of the City. Further, the City may withdraw from this agreement for any other permitted reasons under the terms of this agreement. In the event of withdrawal or termination, any unexpended funds, as of the effective date of termination, shall be returned to the City. XI. Independent Contractor The Society is an independent contractor in performance of this agreement. The Society shall have exclusive control (within the parameters of this agreement) of the performance of the services and functions to be provided. All employees shall be those of the Society only and the City shall have no power or right to control their work or in any way direct them. XII. Non -Exclusive Both parties agree that this agreement (contract) is non-exclusive. Each may engage in similar activities, programs, promotions, advertising, etc., either on their own or through other contractual agreements. Both agree that such will not be a breach of this agreement unless it directly interferes with services to be provided, payments for such service or other conditions stipulated in this agreement. XIII. Applicable Laws Claims by or against the parties shall be governed by the Texas Tort Claims Act or other appropriate statutes, ordinances or laws of the State of Texas. 108 XIV. Non -Waiver It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity of defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. XV. Venue Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall lie in Jefferson County, Texas. XVI. Governing Law The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. XVII. Severability In case any one or more of the minor provisions contained in this agreement 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 thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Notwithstanding anything to the contrary, if any of the basic terms of this agreement such as the parties legal ability to enter into it, the ability to pay for such functions and services, the source or percentage or amount of such payments or the qualification of the Society for funding by the Municipal Hotel Occupancy Tax, propriety of delegation of services or functions or the budgetary approval provisions of the agreement are found invalid, illegal or unenforceable, then this agreement shall be voidable at will by either party. XVIII. Notice Notices shall be written and mailed by certified mail or hand delivered to the City through its City Manager and to the Society through its President. XIX. Effective Date This agreement shall become effective May 1, 1999 and shall continue in effect until it has been terminated according to this agreement. XX. Modification This agreement may be amended or modified by the mutual agreement of the 1 1 1 109 parties hereto in writing to be attached to and incorporated into this agreement. XXI. Total Agreement This instrument contains all commitments and agreement of the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. XXII. Headings The headings of sections or paragraphs of this agreement are for convenience purposes only and in no way control, contradict or limit the contents of such sections or paragraphs. XXIII. Approval This agreement shall be executed by the duly authorized official(s) of each party as authorized by the governing body of each such party. XXIV. Counterparts The parties agree that their collective agreement may be evidenced by the execution of an identical counterpart of this instrument by the duly authorized officer(s) of each participant, and the failure of any member to enter into this agreement shall not affect the agreement between and among the parties executing the agreement. Executed and effective as of the 151 day of May, 1999. Homer E. Nagel, Mayor V City of Nederland, Texas Bobbie Greene, President Nederland Historical Society City of Nederland G U da. La iim) Homer E Nagel, Joe Daughtry. Mayor F Mike Radcliff. Cour R.A. 'Dick' Nugent. Coun Robert Sawyer. Coun, Andre Wimer, C PO. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409 Investment Report For the Quarter Ending March 31, 1999 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 Andre' Wimer, City Manager l �l PJi L, lC w()&,>/k Cheryl Bowden, City Treasurer 1 "Programmed for Progress" 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 1999 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Fund MCML Dispatch Equipment Replacement Fund Economic Development Fund Parks & Recreation Special Fund Bond Redemption Fund Bond Fund Balance @ 1-1-99 Purchases Maturities Balance @ 3-31-99 2,190,423.71 , 3,126,670.47 1,800,000.00 3,517,094.18 147,332.64 11,177.81 63,104.51 95,405.94 1,862,688.55 1,171,926.71 844,000.00 2,190,615.26 8,795.86 104.39 300.00 8,600.25 218,249.62 1,329.55 13 8,000.00 81,579.17 747,998.02 1,208,686.31 879,000.00 1,077,684.33 47,311.69 40,576.06 20,000.00 67,887.75 6,289,002.57 12,489,988.84 10,095,728.90 8,683,262.51 21,725.90 264.53 21,990.43 3,675.24 600,044.75 400,000.00 203,719.99 0.00 3,150,000.00 1,000,000.00 2,150,000.00 7,782.43 80.55 1,762.00 6,100.98 98,244.47 1,196.21 99,440.68 167,277.60 693.74 167,971.34 0.00 11,810,508.30 21,802,739.92 15,409,866.75 18.203,381.47 Fund Allocation at March 31, 1999 (12.0%) Water & Sewer Fund (0.4%) Solid Waste Fund (5.9%) Capital Outlay Fund '41\ / (47.7%) SRF Fund (0.5%) Bond Redemption Fund (19.3%) General Fund (1.1%) Other (11.8%) Economic Development Fund (1.1%) Equipment Replacement Fund 112 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 1999 Investments at Beginning of Period (1-1-99) $11,810,508.30 Purchases 21,802,739.92 Maturities 15,409,866.75 Investments at End of Period (3-31-99) $18.203.381.47 Maturity Summary at March 31, 1999 E] Less than 3 months Ez 3 to 6 months ■ 9 to 12 months 1 1 1 1 City of Nederland Investment Report Schedule Investments for the Quarter ended March 31, 1999 CERTIFICATES OF DEPOSIT Certificate Number 113 Purchase Maturity Days to Interest Interest Date Date be held Rate Face Amount Earned Maturing during quarter ended March 31, 1999 2580086 01/01/98 01/01/99 365 5.1200% 10,004.51 0.00 7410375 01/09/99 02/09/99 31 4.3600% 2,993,000.00 11,083.12 97409 01/25/99 02/24/99 30 4.1800% 250,000.00 858.90 97413 01/25/99 02/24/99 30 4.1800% 400,000.00 1,374.25 97414 01/25/99 02/24/99 30 4.1800% 200,000.00 687.12 97415 01/25/99 02/24/99 30 4.1800% 500,000.00 1,717.81 7468974 02/09/99 03/12/99 31 4.3500% 2,993,000.00 11,057.70 97436 02/11/99 03/13/99 30 4.3200% 800,000.00 2,840.55 97408 01/25/99 03/26/99 60 4.2400% 20,000.00 139.40 97410 01/25/99 03/26/99 60 4.2400% 200,000.00 1,393.97 97411 01/25/99 03/26/99 60 4.2400% 1,000,000.00 6,969.86 97459 02/24/99 03/28/99 32 4.3800% 500,000.00 1,920.00 97460 02/24/99 03/28/99 32 4.3800% 200,000.00 768.00 97461 02/24/99 03/28/99 32 4.3800% 400,000.00 1,536.00 97462 02/24/99 03/28/99 32 4.3800% 250,000.00 960.00 Interest Earnings on Matured CDs for quarter ended March 31, 1999 43,306.68 Held at September 30, 1998 97435 02/11/99 04/12/99 60 4.3500% 150,000.00 858.08 7550251 03/12/99 04/13/99 32 4.5800% 2,700,000.00 6,437.10 97472 03/16/99 04/17/99 32 4.4200% 800,000.00 3,293.81 97412 01/25/99 04/25/99 90 4.3200% 1,000,000.00 7,693.15 97487 03/26/99 04/27/99 32 4.6700% 20,000.00 12.79 97488 03/26/99 04/27/99 32 4.6700% 200,000.00 127.95 97489 03/26/99 04/27/99 32 4.6700% 1,000,000.00 639.73 97490 03/29/99 04/30/99 32 4.4500% 500,000.00 121.92 97491 03/29/99 04/30/99 32 4.4500% 200,000.00 48.77 97492 03/29/99 04/30/99 32 4.4500% 400,000.00 97.53 97494 03/29/99 04/30/99 32 4.4500% 250,000.00 60.96 97437 02/11/99 08/10/99 180 4.3600% 10,000.00 57.34 Interest Earnings on CDs held at March 31, 1999 19,449.13 Total Certificates of Deposit held at March 31, 1999 $7,230,000.00 14 City of Nederland Investment Report Schedule Investments for the Quarter ended March 31, 1999 INVESTMENT POOL - TEXPOOL 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Valu( General Fund 01/01/99 03/31/99 1 4.917% 2,190,423.71 26,670.47 2,217,094.1 Water & Sewer 01/01/99 03/31/99 1 4.917% 1,862,688.55 21,926.71 1,884,615.: Parks & Rec. Fund 01/01/99 03/31/99 1 4.917% 7,782.43 80.55 7,862.5 Bond Redemp. 01/01/99 03/31/99 1 4.917% 98,244.47 1,196.21 99,440.E Capital Outlay Fund 01/01/99 03/31/99 1 4.917% 747,998.02 8,686.31 756,684._ Motel Occupancy 01/01/99 03/31/99 1 4.917% 8,795.86 104.39 8,900.: Library Special 01/01/99 03/31/99 1 4.917% 137,328.13 1,177.81 138,505.c Solid Waste Fund 01/01/99 03/31/99 1 4.917% 218,249.62 1,329.55 219,579.1 SRF Construction Fund 01/01/99 03/31/99 1 4.917% 1,585,178.81 17,481.28 1,602,660.( MCML Dispatch 01/01/99 03/31/99 1 4.917% 21,725.90 264.53 21,990.2 Water Plant Contruction Fund 01/01/99 03/31/99 1 4.917% 167,277.60 693.74 167,971._ Equipment Replacement Fund 01/01/99 03/31/99 1 4.917% 3,675.24 44.75 3,719.5 Police Narcotic Fund 01/01/99 03/31/99 1 4.917% 47,311.69 576.06 47,887.; Totals for TEXPOOL Investments $7,096,680.03 $80,232.36 $7,176.912.3 1 1 1 1 1 City of Nederland Investment Report Schedule Investments for the Quarter ended March 31, 1999 GOVERNMENT SECURITIES Federal Home Loan Holding Period 10/02/98 10/02/98 12/10/98 Mortgage Discount Note Maturities Average Days Interest Held Rate 60 5.038% 174 4.991% 62 5.041% 12/01/98 03/25/99 02/10/99 Principal Invested 2,341,578.23 2,342,234.54 1,373,240.58 6,057,053.35 Interest Market Earned Principal 18,421.77 2,360,000.00 54,765.46 2,397,000.00 11,759.42 1,385,000.00 84,946.65 6,142,000.00 Federal Home Loan Mortgage Discount Notes held at March 31, 1999 Average Accrued Days to Interest Principal Interest Market Holding Period Maturity Rate Invested Earned Principal 12/10/98 04/09/99 120 4.956% 983,966.67 14,963.33 998,930.00 02/10/99 05/07/99 86 4.752% 1,384,498.50 8,781.50 1,393,280.00 2,368,465.17 23,744.83 2,392,210.00 U.S. Treasury Money Market 10/02/98 03/31/99 1 4.330% 2,401,878.67 2,258.58 2,404,137.25 Government Securities Held at March 31, 1999 $4,772,602.42 115 116 City of Nederland Investment Report Schedule March 31, 1999 Interest Earnings for Quarter Ended March 31, 1999 Bond Fund Bond Redemption Fund Capital Outlay Equipment Replacement Funds General Fund Library Fund MCML Dispatch Motel Occupancy Tax Fund Nederland Economic Development Parks & Recreation Special Fund Police Narcotic Account Solid Waste Fund 1996 SRF Fund Water Fund 693.74 1,196.21 11,694.09 1,548.64 36,564.56 1,235.15 264.53 104.39 16,160.82 80.55 728.25 1,329.55 157,009.26 25,328.49 8253,938.23 1 1 1 u 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. May 4, 1999 MEETING The meeting was called to order at 3:00 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 Daughtry to approve the minutes of the April 26, 1999 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel read a Proclamation declaring May 8, 1999 as "Letter Carriers Food Drive Day" in Nederland, Texas. ELECTION Bobbie Greene, Presiding Judge, read the results of the General and Special Election held May 1, 1999, as follows: Candidate Early Voting Election Day Total Robert Sawyer 122 184 306 Council Ward I Mike Radcliff 137 178 315 Council Ward III Eileen Klein 22 151 178 LaDonna Floyd, City Secretary, administered the Oath of Office to Robert Sawyer, Councilman Ward I, and Mike Radcliff, Councilman Ward III. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to accept the returns of the General Election as read. All Voted Aye. 118 Minutes continued, May 4, 1999 A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Resolution 1999-10, canvassing the election returns of the Special Election for the "Adoption of the civil service law for the fire fighters", total votes received were 304 "For" and 83 "Against." All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment of election officials in accordance with the Texas Election Code, Section 3.08, in the amount of $234.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to appoint Councilman R. A. "Dick" Nugent as the Mayor pro tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. APPOINTMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to appoint Tim Sheffield to the Planning and Zoning Commission to fill the unexpired term of Kirk Gillespie. All Voted Aye. REQUESTS WATER LINE Chief Billy Neal reported to the Council that he ran radar on 23'd Street during the times instructed during the last Council meeting. The average speed was 28 mph. However, he did report a large number of vehicles traveling on this street and will recommend a 4 -way stop be placed at 23'd Street and Boston Avenue. Chief Neal also reported on the obstruction of view at 23`d Street and Helena and stated that due to the residents parking in the driveways and yards he feels there is no solution to this problem. He stated that he will try to move the current no parking sign on Helena a little farther down from the corner. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve the request of Wesley Ellis, 216 - 23'd Street, and instruct City staff to prepare an ordinance authorizing a 4 -way stop sign to be placed at the intersection of 23rd Street and Boston Avenue. All Voted Aye. Andre' Winner, City Manager, reported to the Council that Mr. Jay Garth, developer of the property on Patillo Road, was notified of the costs involved to place a master meter at this location. He added that Mr. Garth has not responded to the correspondence 1 1 1 t L 1 Minutes continued, May 4, 1999 119 t F even though a deadline of noon today was given. Mr. Wimer suggested that the City begin notifying those customers on Patillo Road who receive City service that the City will take steps to discontinue service if the City does not receive the pressure test results and no master meter arrangements are made. Richard Hughes, City Attorney, recommended that the City inform the customers that we can no longer provide service in this area and provide them with a 30 -day notice. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to notify Mr. Jay Garth by certified mail that the City will impose a 30 day deadline for him to provide the results of the pressure test and to make arrangements for a master meter or all City services will be discontinued, and to also notify all the those customers on Patillo Road of the events in order that they have notice that their service may be interrupted. All Voted Aye. WAGNER Andre' Wimer, stated that representatives of Schaumburg & Polk ADDITION and Norman Highway Constructors are present to answer questions from the Council regarding the road work on Avenue G. Rick Bourque, Schaumburg & Polk, Inc., informed the Council that he wrote a letter to Norman Highway Constructors notifying them of the need to present a plan of action agree to by the City by May 10, 1999. He added that he should receive the test results of the road materials on Wednesday, May 5`h Dave McClenan, Norman Highway Constructors, stated that he is willing to work on the intersections with the City paying for the hot mix materials. He added that he would welcome the opportunity to meet with the City and the engineers regarding this project. Mr. McClenan also stated that he feels he would be more willing to work with the City of they had not withheld a portion of payment for this job. He said that he feels that they met or exceeded the specifications for the work performed After a lengthy discussion regarding Avenue G it was decided that the City staff, Schaumburg & Polk, and Norman Highway Constructors will meet at 9:00 a.m., Thursday, May 6, 1999. 120 Minutes continued, May 4, 1999 WATER SYSTEM A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action regarding the acquisition of water system infrastructure from AquaSource. All Voted Aye. WASTEWATER A motion was made by Councilman Sawyer and seconded by SYSTEM Councilman Nugent to approve Ordinance No. 1999-02, authorizing IMPROVEMENTS the issuance of City of Nederland, Texas Tax and Subordinate Lien Revenue Certificates of Obligation, Series 1999; and levying an ad valorem tax; pledging certain net revenues; authorizing the execution of a transfer and paying agency agreement; and other matters related to funding the costs of upgrades to the Wastewater Treatment Facility and sanitary sewer system improvements. All Voted Aye. SUBDIVISION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the final plat of Willow Run Subdivision Phase 2, (outside the city limits, but within its extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. BIDS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to award bids received for a zero turning radius mower for the Parks Department to Cypress Lawn and Turf, Cypress, TX, in the amount of $9,150.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for street materials as follows: limestone base (large aggregate) to Transit Mix Concrete & Materials, Beaumont, TX in the amount of $13.10/Ton; limestone base (small aggregate) to Quality Concrete & Materials Co., Inc., Beaumont, TX in the amount of $15.30/Ton; and, 610 Base to Transit Mix Concrete & Materials, Beaumont, TX in the amount of $16.70/Ton; and, to reject all bids and authorize to re - advertise for the AES 300 Emulsion and the RS -2 Emulsion. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize advertisement of bids for water and sewer line construction in the area bounded by Highway 69, the LNVA Canal, 27`h Street, and Canal Avenue. All Voted Aye. 1 1 1 l 1 Minutes continued, May 4, 1999 12i A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize advertisement of bids for a storage building for the Parks Department. All Voted Aye. CONTRACTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve a contract for green waste disposal with Prosun Services, L.L.C. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approve a contract with Schaumburg & Polk, Inc. for design of back-up power supply capability, and for engineering services associated with the installation of water and sewer lines in the newly annexed area north of Beauxart Garden Road and west of Highway 69. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a contract with Jim Wimberly, Provost*Umphrey, regarding the Entergy lawsuit. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of April, 1999. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:41 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale and/or release of property; and, Chapter 551 .071, Robert Miller v. City of Nederland; Louis Hernandez v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; consultation with City Attorney regarding Texas Department of Transportation matters; and, consultation with City Attorney regarding Norman Highway Constructors. RECONVENE The regular meeting was reconvened at 6:06 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 122 Minutes continued, May 4, 1999 NEDERLAND A motion was made by Mayor Nagel and seconded by Councilman AVENUE Daughtry to instruct the City Attorney to send a letter to the Texas Department of Transportation to request immediate remedial work on Nederland Avenue and if they fail to do so the City will seek reimbursement and indemnity from the contractor. All Voted Aye. WAGNER A motion was made by Councilman Nugent and seconded by ADDITION Councilman Radcliff to instruct City staff to meet with the engineers and contractor on the Avenue G road work at 9:00 a.m., Thursday, May 6, 1999 to begin working on a solution to the problems with the project and impose a deadline of May 10, 1999 for an agreement to be reached. All Voted Aye. PROPERTY OFFICIALS' A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to instruct City staff to negotiate with the two remaining property owners of the area needed for a buffer zone for the Wastewater Treatment Plant, Oscar Lott and Sam Distefano, and if an agreement cannot be reached to authorize the City to begin condemnation proceedings. All Voted Aye. Andre' Wimer, City Manager, reminded Council that the joint picnic with Mid Jefferson County Hospital and City employees will be held May 8th. He added that the auction will also be held on this date. Mr. Wimer reported to the Council that he had City employees look at the Council table and they have agreed to rebuild the table after hours and on weekends. They felt it could be completed in about three weeks at a cost of approximately $3,200. This work will probably be done between the May 17`h and June 14`h meetings. Mr. Wimer asked that Council be considering the adoption of an ordinance regulating commercial tree trimmers from placing trash from jobs performed in front of their residences. Mayor Nagel suggested that the City proceed with adopting an ordinance regulating tire storage facilities and perhaps adding a 6- 12 month grandfather clause. 1 1 1 1 1 1 Minutes continued, May 4, 1999 x'13 ADJOURN There being no further business the meeting was adjourned at 6:30 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor `' City of Nederland, Texas 124 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager Mayor v 0,0 crvv-i g City Secretary ` Date PRESENT ABSENT 1 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-10 WHEREAS, the City Council of the City of Nederland, Texas (the "City") duly authorized an election to be held within the City on May 1, 1999, for the purpose of submitting to the resident qualified electors of the City a proposition regarding adoption of the fire fighters' civil service law; WHEREAS, the City Council has investigated all matters pertaining to said election; and WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to this City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Findings Itis officially found and determined that said election was duly ordered, that proper notice thereof was duly given, that proper election officers were duly appointed prior to said election, that said election was duly and lawfully held, that due returns of the result of said election have been made and delivered, and that this City Council has duly canvassed said returns, all in accordance with law and the Order Catling Election. Section 2. Results Declared It is officially found and determined that the following votes were cast at said election on the submitted proposition by the resident qualified electors of the City who voted at said election: PROPOSITION "Adoption of the fire fighters' civil service law." '?n'! VOTES FOR R3 VOTES AGAINST 3:3'? TOTAL VOTES CAST and that the Proposition was approved by 3 r'.I votes. Section 3. Public Meeting It is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given as required by the applicable provisions of Texas Government Code, Chapter 551. PASSED AND APPROVED this the (( day of r I rL, , 1999. ATTEST: „t LaDonna Floyd, City Secrretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, itPttorney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 125 126_. dydtcr.g, (?,z, 0-/3( GREEN WASTE DISPOSAL CONTRACT This Green Waste Disposal Contract ("Contract"), dated the _ day of , 4996 1999, is between the 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 791 ("MCML"), and WESTERN WASTE T_*TT TIS'TPIEV PROSUN SERVICES, L.L.C. d/b/a Nelson Services (the "Contractor"). RECITALS: WHEREAS, the parties desire that each City of the MCML deliver its Green Waste to the Site (as defined herein) for the purpose of chipping/composting by Contractor; THEREFORE, in consideration of the mutual premises, covenants, obligations and benefits of this Contract, Contractor and the MCML contract and agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.1 Definitions. Unless the context requires otherwise, terms and phrases have the meanings set forth below: "Green Waste" shall mean all natural recyclable material generated by tree trimming or removal operations, yard clippings and leaves. "Site" shall mean the City of Nederland Landfill Property located adjacent to the Sun Oil Terminal at S.H. 347. "Administrative Agency" shall mean the agency composed of the City Managers of the participating Cities. This agency is empowered by V.T.C.A. Government Code 791.013. Section 1.2 Interpretation. This Contract shall be liberally construed to effect its purposes and sustain its validity. Section 1.3 Governing Law. This Contract shall be governed in all respects by the laws of the State of Texas including enforceability. Venue for any suit arising hereunder shall be Jefferson County, Texas. 1 1 1 1 1 12 ARTICLE II OUANTITIES AND OPERATIONS Section 2.1 General. In accordance with MCML's bid specifications, MCML and Contractor agree as follows: MCML shall deliver, by vehicles owned, operated or contracted by it, or its member cities, only Green Waste to the Site and represents that no materials so delivered would cause a violation of the standards, rules and regulations imposed by any governmental agency. The Contractor shall receive and chip/compost the Green Waste, the compensation for which is set forth in Article III. All Green Waste received at the Site shall be processed for transportation to Contractor's processing/marketing facilities. The Contractor shall leave the Site in a condition reasonably acceptable to the MCML after Contractor's operations hereunder. Contractor shall process and remove chipped material on a regular basis and shall keep stockpiles of both unprocessed and processed materials to a minimum. Contractor shall process all material within three (3) calendar days of delivery by the cities and ensure removal of the chipped material from the site within seven (7) calendar days. Frequency of the processing schedule will depend on the amount of mat.: h & i -ring on silos :or Jly every seven (7) to ten (10) days, with seasonal adjustments. Contractor will provide a container for extraneous materials delivered with Green Waste. Contractor will be responsible for disposal of the equivalent of 30 cubic years yards per month of extraneous materials. Amounts in excess will be charged back to the Cities at the rate paid by Western Waste, for transportation and disposal. Chippable limbs, leaves and yard clippings will be delivered and stacked on site. Each City will endeavor to deliver completely chippable materials only. Access to the Site will be restricted to persons authorized by each City and/or Contractor. The general public will not be allowed to deposit material at the Site. Section 2.2 Ouantitv Measurements. The quantity of Green Waste actually delivered by the City to the Site shall be determined by the rated capacity of each vehicle delivering Green Waste. Eaeh City shall keep individual logs of chippable material as it is delivered to the site. Section 2.3 Title to Green Waste. Title to and all risks and responsibilities of ownership of Green Waste delivered hereunder shall be transferred to and vest in Contractor at the time MCML waste is fully unloaded at the designated working place at the Site, and the delivering vehicle has departed such working place. Prior thereto, title to MCML waste shall be in, and all risks and responsibilities therefor shall be borne by the MCML and the City delivering the waste. Section 2.4 Compliance with Law. All Green Waste will be chipped/campesed composted by the means selected at the sole discretion of the Contractor consistent with generally accepted chipping/composting and pursuant to applicable law. Section 2.5 Office Hours. Contractor shall maintain a Mid County phone line through which they can be contacted. There will be a responsible person in charge at this number from 8:00 a.m. to 5:00 p.m. on regular collection days. Section 2.6 Safety Regulations. Vehicles and employees of the parties entering the Site shall 2 128 Section 2.6 Safety Regulations. Vehicles and employees of the parties entering the Site shall comply with all federal, state and local health and safety regulations, including any written work or reasonably necessary safety rules established by Contractor to govern operations at the Site, which have been reduced to writing and a copy of which has been delivered to the Administrative Agency. Vehicles or employees found not to be in compliance will be denied entry to or removed from the Site. Section 2.7 Disposal. All MCML waste will be disposed of by means consistent with applicable local, state and federal laws governing the disposal of MCML waste at the Site. ARTICLE III COMPENSATION Section 3.1 Payment. Each MCML City shall deliver a copy -of its logs to Contractor on the other month, Contractor shall invoice each respective City for the amount of Green Waste it delivered to the Site during the immediately preceding two (2) months. Each invoice submitted by the Contractor shall be paid within thirty (30) days of the date of invoice. Contractor shall provide monthly reports to each City that detail volume and the progress of the composting process. Section 3.2 Rate. The rate for disposal for the first year shall be fixed at $1.25 $4.53 per cubic yard. In subsequent years, years two (2) and three (3) of this Contract, the rate will be modified in accordance with and as published in the Consumer Price Index for Urban Waste Earners and Clerical Workers (all Items), as published by the U.S. Department of Labor, Bureau of Labor Statistics since the date of the last such adjustment (or since the date of execution of this Agreement in the case of the first such adjustment), subject to each Cities' approval upon notice thereof from Contractor sixty (60) days prior to the effective date of the adjustment. Section 3.3 Outside Contractors. Any Green Waste brought in by a contractor other than Contractor (an "Outside Contractor") shall be subject to the Mid County Municipal League's approval and the Mid County Municipal League shall receive a $.25 per cubic yard royalty on all such disposal as paid by Outside Contractor. Funds due to each City shall be credited each month on the City's monthly disposal bill. Section 3.4 Dispute. In the event quantity is disputed by the Contractor, it shall, within ten (10) days of receipt of said disputed record, provide a written notice to the City setting forth in detail each matter in dispute and the reason therefor. Promptly after receipt of such written notice, a representative of the Contractor and the City (each of whom shall be duly authorized to agree upon a final resolution of any such disputed matter) shall meet and attempt to expeditiously resolve by mutual agreement all such disputes. If such disputes cannot be resolved by agreement, then the rights of the parties shall be governed by the laws of the State of Texas. All daily records which are not disputed pursuant to the foregoing procedure shall be deemed accepted as correct l 3 1 1 1 129 Section 3.5 Current Revenues. Each of the participating Cities shall make the payment required of it from the current revenues available to the paying party. ARTICLE IV TERM This Contract shall commence on the -date and year first written in this Contract August 1, 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 two (2) one (1) additional terms, provided the Contractor has faithfully performed its obligations under the Contract during the preceding term and unless notice to terminate is provided by a participating City as set forth herein below. ARTICLE V TERMINATION/CANCELLATION Section 5.1 Term and Termination. This Contract shall be in force and effect for the term or extended terms specified in Article IV, unless terminated as follows: (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 or Charter, 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 Contractor, in writing by certified or registered mail, return receipt requested, 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. Termination by one City shall not terminate or cancel this Contract as to any of the other participating Cities who have not terminated the Contract. (b) Contractor may notify the MCML, not less than sixty (60) days prior to the annual anniversary date of the initial term or any successor term, of any increase Contractor requires in the disposal rate, over and above that set forth in Section 3.2, to commence with the ensuing anniversary date. If the MCML fails to accept such increase in writing at least ten (10) days prior to the end of the then current term, or if the parties do not otherwise negotiate and agree in writing to an alternative disposal rate at least ten (10) days prior to the end of the initial or then current term, Contractor or the MCML may terminate this Contract as of the annual anniversary date. (c) In the event that any MCML City fails to keep its account for disposal charges current with Contractor, Contractor shall notify the City of any delinquency; and, in the event the City fails to remedy such delinquency within thirty (30) days after receipt of such notice, the 4 130 Contractor may terminate this Contract as to the delinquent City effective immediately upon delivery of such termination to the delinquent City. (d) In the event that Contractor violates any of the provisions of this Contract, the MCML shall have the right to terminate this Contract upon thirty (30) days prior written notice. ARTICLE VI INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the MCML and each MCML City and its officers, agents and employees from and against any and all claims, demands, liability, penalties, damages, expenses and judgments of any nature and however caused, arising out of the Contractor's acts and/or omissions. ARTICLE VII INSURANCE Section 7.1 Insurance Requirements. Contractor agrees to maintain insurance during the term of this Contract and shall furnish each City and the MCML (acting by and through its participating Cities) with certificates of insurance as follows: COVERAGES Worker's Compensation Employer's Liability Bodily Injury Liability Except automobile Property Damage Liability Except automobile Automobile Bodily Injury Liability Automobile Property Damage Excess Umbrella Liability 4 LIMITS OF LIABILITY Statutory $100,000 $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $500,000 aggregate $500,000 each occurrence $5,000,000 each occurrence 5 131 ARTICLE VIII MISCELLANEOUS PROVISION Section 8.1 Force Majeure. "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, laws, rules, regulations or orders of any applicable court or governmental authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, restraining of government and people, civil disturbances, explosion, unavoidable breakage or accidents to machinery, equipment or plants, and any other events which, whether similar to those enumerated or otherwise, are not reasonably within the control of the party affected. In the event either party is. rendered unable, wholly or in part, by Force Majeure to carry out any of its obligations under this Contract, then the obligations of such party, to the extent affected by such Force Majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. Any time that a party intends to rely upon Force Majeure to suspend obligations as provided in this Section 7.1, such party shall notify the other party as soon as reasonably possible, setting forth the particulars of the situation. Notice shall again be given when the effect of the Force Majeure event has ceased. Section 8.2 Addresses and Notice. Unless otherwise provided in this Contract, any communication, request, reply, advice or other notice herein provided or permitted to be given, made or accepted by either party to the other must be in writing and may be given or be served by depositing the same with the United States Postal Service postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer or official of such party or by prepaid telegram, addressed to the party to be notified. For the purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be: If to the City of Nederland: If to the City of Port Neches: If to the City of Groves: 1 CITY OF NEDERLAND 1400 Boston Ave. Nederland, Texas 77627 Attention: City Manager CITY OF PORT NECHES 634 Avenue C Port Neches, TX 6651 Attention: City Manager CITY OF GROVES 3947 Lincoln Groves, TX 77651 Attention: City Manager 6 132 If to the Contractor: If to the MCML: 'ESTEPJ1 `1.TI TB I 1DTJSTPniS PROSUN SERVICES, L.L.C. d/b/a Nelson Services 12286 Highway 105 East Conroe, Texas 77303 5301 77306-5304 MCML Administrative Director 1400 Boston Ave. Nederland, Texas 77627 The parties may at any time change their respective addresses by at least fifteen (15) days written notice to the other party. Routine operational communications need not be communicated in writing but may be exchanged verbally between the designated supervisory personnel of the parties. Section 8.3 Severabilitv. The parties declare that all the provisions of this Contract are severable, and should any be deemed invalid or inapplicable, the remainder continues in full force and effect unless the parties mutually agree the purposes of the Contract are frustrated. Section 8.4 Binding Effect. Each party represents that it has authority to execute this Contract which is binding and enforceable between the parties. Section 8.5 Records. Both parties agree to keep such reasonable operating records as may be required by state or federal regulations, and such records, insofar as they relate directly to chipping/composting of Green Waste delivered hereunder, shall be open to inspection and copying by the other party, at all reasonable times at its expense. Section 8.6 Assignability. This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, but this Contract shall not be assignable except by operation of law or by the Contractor with approval of each participating City. Section 8.7 Administrative Services. Throughout the term of this contract and one (1) year extension, Contractor shall continue to provide the services referenced in Attachment A. The cost of this service shall not be increased during the contract and extension terms. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be deemed to be an original, as of the date and year first written in this Contract. 1 7 1 IVESTWsN W. PROSUN SERVICES, L.L.C. d/b/a Nelson Services By: Title: MID -COUNTY MUNICIPAL LEAGUE By: Andre' Wimer, City Manager City of Nederland By: James L. Harrington A. R. Kimler, City Manager City of Port Neches By: X111. V_iniaf Davis Brinson, City Manager City of Groves 8 133 134 Contract No. CITY OF NEDERLAND PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into on the q day of� 1999, between the City of Nederland ("City") on one side, and Provost & Umphrey Law Firm, L.L.P., a Texas partnership (the "Contractor'), on the other side. The parties agree: 1. Scope of Work: The Contractor shall represent the City, along with such other attomeys as designated by the City, in connection with litigation (whether filed as a class action, consolidation or otherwise) to be filed against Entergy Gulf States, Inc., Entergy, Inc. and Entergy Services, Inc. (jointly "Entergy") and possibly others in which contract and possibly other causes of action will be asserted (the "Litigation"). The Contractor shall also represent the City in any appeals that may be taken from the entry of a judgment by the trial court in the Litigation. The City authorizes the Contractor to enter into negotiations concerning settlement of any such claims. Although the City shall have the sole and exclusive right to accept or reject any offers for settlement (if a class has not been certified), the City shall weigh full the opinions and recommendations of the Contractor and not unreasonably withhold consent to any fair and reasonable settlement. 2. Compensation: The Contractor has advised the City of its willingness to represent the City pursuant to other types of fee agreements, including on an hourly basis at Contractor's customary hourly rate, and the City wishes instead to employ Contractor pursuant to a contingent fee agreement on the terms and conditions set forth herein. The fee set forth herein is not set by law but is negotiable between the parties. Therefore, 1 1 1 1 1 1 r 4 135 A. In consideration of the services rendered and to be rendered by Contractors in connection with the Litigation, the City agrees to pay Contractor one-fourth (1/4) of the entire recovery by way of settlement or trial. The Entire Recovery, as used in this Agreement, shall be determined by adding any monetary recovery and the fair and reasonable value of any non - monetary or other type of recovery and/or benefit, including the present value of any future payments received. In calculating contingent fees,. Litigation Expenses, as defined in paragraph 2.B here, are deducted from the Entire Recovery before applying the one-fourth (25%) factor. In the event of successful Litigation, any court -awarded attomeys' fees or costs paid by the defendant shall be retained by Contractor. B. The Contractor shall advance all expenses incurred by Contractor in connection with its representation of the City in Litigation including, but not limited to, the costs of deposition, trial and appellate transcripts, printing of briefs and other documents, expert witnesses or consultants, document preparation and copying, telephone, courier and telecopier costs, postage, travel expenses, and other out-of-pocket expenses of Contractor relating to the representation of the City (hereafter referred to as "Litigation Expenses"). The Contractor will submit to the City regular, periodic statements of such expenses so that the City may have a current accounting of the amount of such expenses. The City has no obligation to pay such Litigation Expenses except to the extent said expenses can be paid out of the entire recovery by the City. All statements and bills shall be submitted to the City by Provost & Umphrey Law Firm, L.L.P., and all payments by the City shall be made to said Contractor. 3. Term: This agreement shall terminate on conclusion of the Litigation. 2 136 4. Attornev-Client Relationship: The parties hereto understand that the legal relationship of attomey and client shall exist, and is hereby established, between the Contractor (attomeys) and the City (client) creating the rights and duties inherent in said relationship. 5. Termination: This Agreement may be terminated by mutual consent of the parties on reasonable notice. In the absence of such consent, termination of the attomey-client relationship between the City and Contractors may be accomplished on terms approved by the Court having jurisdiction of the Litigation found by it to be fair and duly protective of the interests of such client and the attorneys. Should the Litigation not be permitted to be maintained as a class action, the City or Contractors may terminate this Agreement. Should the City elect to abandon any Litigation asserting the cause of action, should the conduct of the City seriously prejudice the prospects of successful prosecution of such litigation, should the City's failure either to disclose material facts or accurately describe such facts seriously prejudice the continued prosecution of such litigation, or should the City breach this Agreement, then the Contractors shall have the right to terminate this Agreement. Furthermore, should it become the opinion of the Contractors, or either of them, any time that the City's cause of action lacks merit (for example, because of inability to verify the City's claims through witnesses, because of adverse developments in the law or because of a materially adverse change in the financial condition of the defendant), then the Contractor shall have the option to terminate this Agreement and be relieved of any obligation to participate in any pending litigation involving the cause of action. 6. No Guarantees: The City hereby acknowledges that the Contractors have made no guarantees regarding the successful outcome of this matter and all expressions about the outcome are only opinions. l 3 1 1 1 1 137 7. Excluded Claims: Filing of the Litigation on the City's behalf may subject the City to cross-claims, counterclaims, or claims filed in another action. The City understands that Contractors shall, without payment of any fees or expenses other than those provided for in this agreement defend all claims, counterclaims or cross-claims asserted against the City which arise out of the same transaction or occurrence as the Litigation filed in the, City's behalf. Should any other claims be filed, the parties hereto shall discuss and attempt to negotiate a separate or supplemental agreement concerning representations of the City with regard to those claims. 8. Status of Contractor: A. The Contractor and any other attorney who shall be engaged by Contractor shall be commissioned by the City as Special Counsel for the sole purpose of conducting the Litigation. The City reserves the right to review and approve any attorneys selected by the Contractor to assist them. B. The Contractor, and its agents and employees, is an independent contractors performing professional services for the City and are not employees of the City. The Contractor, and their agents and employees, shall not accrue leave, retirement, insurance, bonding, use of City vehicles, or any other benefits afforded to employees of the City as a result of this Agreement. 9. Assignments: Except as otherwise provided herein, the Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without prior written approval of the City. 10. Subcontracting and Employment: The Contractor is authorized to employ and utilize such experts and technical and legal and paralegal assistants, and to associate such additional counsel, as appears appropriate for the 4 138 efficient prosecution of the Litigation. All legal and paralegal assistants and additional counsel fees shall not be considered Litigation Expenses and shall not be payable by the City. Such costs and fees are defined as part of Contractor's legal fees and shall be paid by Contractor. 11. Records and Audit: The Contractor shall maintain detailed time records which indicate the date, time and nature of the services rendered. These records shall.be subject to inspection by the City. 12. Release: The Contractors, upon final payment of the amount due under this Agreement, release the City and its respective officers and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the City, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 13. Confidentiality: Any information given to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 14. Hold Harmless Aareement: Contractor shall defend the City against and hold the City harmless from all actions, proceedings, claims, demands, costs, damages, attomey's fees, and all other liabilities and expenses of any kind, from any course, which may arise out of the performance of this Agreement, if caused by the tortious act or omission of Contractor, its employees, agents or servants. z 5 1 139 15. Conflict of Interest: The Contractor warrants it presently has no interest and shall not acquire interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 16. No Limitation: Contractor shall not be prevented by reason of this Agreement from undertaking this representation of clients involved in any matter, claim or controversy with the City, its agencies, instrumentalities or institutions except to the extent that such representation would involve any matter which would present a conflict as set forth in paragraph 15 of this Agreement. 17. Modification of Agreement: This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto. 18. Severability: If any part of this Agreement shall for any reason be found unenforceable, the parties agree that all other portions shall nevertheless remain valid and enforceable. 19. Integration: This Agreement represents the final and mutual understanding of the parties. It replaces and supersedes any prior agreements or understandings, whether written or oral. 20. Successors and Assigns: This Agreement shall inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. 21. Lien: The City hereby assigns to the Contractor a lien on any recovery resulting from this representation, for all sums due the Contractor for performance or the services described herein. 6 140 ' 22. Attorney's Fees: In the event that a judicial proceeding is instituted to enforce any party's obligation under this Agreement, the prevailing party in such proceedings shall be entitled to recover all of its costs, including reasonable attomey's fees. 23. Applicable Law: This Agreement shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF NEDERLAND BY: 14 e Aioio,l ITS: r ��i-1r PROVOST & UMPHREY LAW FIRM, L.L.P. BY: ITS: 7 1 1 8:00 a.m. MEETING QUORUM MINUTES SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 11, 1999 The meeting was called to order at 8:00 a.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the minutes of the May 4, 1999 meeting as written. All Voted Aye. WAGNER Andre' Wimer, City Manager, reported that in correspondence from ADDITION Norman Highway Constructors to Schaumburg & Polk regarding the PROJECT Avenue G project the contractor recommended that the City place 1.0 to 1.5 inches of HMAC at the intersections and on the Easterly end of the project, which they feel should solve the problems at the intersections. Norman Highway also wrote that they would repair the small potholes with the high performance cold lay asphalt recommended by Steve Hamilton. They also recommend that the City engage the County to place another course of oil and rock on Avenue G to resolve the "bleeding." They said that they would delete payment for the double course surface treatment ($3.50/sy) add cost of 1-1.5" HMAC 1$5.50/sy) for an area of approximately 2,000 sq. yds. and on the straight sections between intersection deduct $0.50/sq. yd. for all areas. Mr. Wimer stated that the City feels that Norman Highways did not meet specifications of the project and that Schaumburg & Polk will stand behind the specifications. Rick Bourque, Schaumburg & Polk, stated that their position is that the City should not accept the road in its current condition. Mayor Nagel asked the Council if they agree with Schaumburg & Polk that the City should not accept the project and reject the recommendations of the contractor. In an informal poll the Council agreed with the Mayor. 14i 42 Minutes continued, May 11, 1999 Dave McClennen, Norman Highway Constructors, addressed the Council relative to the project and asked that they continue to work toward a solution. He stated that they feel like the surface of the base is allowing the rock to settle which is causing the bleeding in certain areas. He added that they met or exceeded the specifications. Mr. McClennen reported that the intersection work that they are recommending will cost approximately $10,000 and they are willing to pay that cost which they feel is an act of good faith toward the City. Norman Highway is of the opinion that the road is structurally sound but feel the base is inadequate. EXECUTIVE The special meeting was recessed at 8:26 a.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, discuss pending and threatened litigation: consultation with City Attorney regarding Norman Highway Constructors. RECONVENE The special meeting was reconvened at 9:25 a.m. by Mayor Nagel. WAGNER A motion was made by Mayor Nagel and seconded by Councilman ADDITION Nugent that in order to avoid litigation that the City allow additional PROJECT time to propose to the contractor that they comply with the contract by remedying the defects in the manner they recommended with the contractor performing the work and the City will authorize a change order (see attached) for work at the intersections and the entire roadway without any waiver in the terms and provisions of the contract. All Voted Aye. ADJOURN There being no further business the meeting was adjourned at 9:35 a.m. by Mayor Nagel. ATTEST: rlLaDonna Floyd, City Secretary (Homer E. Nagel, Mayor 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Daughtry Council Member - Ward 2 Mike Radcliff Council Member - Ward 3 Dick Nugent I Council Member - Ward 4 Andre' Wimer I City Manager LaDonna Floyd City Secretary Richard Hughes I City Attorney Billy Neal Chief of Police M, ,e Lovelady Fire Chief Cheryl Dowden City Treasurer Steve Hamilton I Director of Public Works Rod Hatch 1 Building Official Jim Weaver I Parks & Recreation Director Victoria Klehn 1 Librarian Kelly Galloway I Assistant to the City Manager Mayor Cita Secretary it Aq Date N h/ fd dEt 143 1 PRESENT 1 ABSENT 1 144 CHANGE ORDER Order No. 1 Date: May 11, 1999 NAME OF PROJECT: Wagner Addition Wastewater Collection Improvements, SRF No. 3260-01, Contract No. II, TCDP Contract No. 716591 OWNER: City of Nederland, Jefferson County, Texas CONTRACTOR: Norman Highway Constructors, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: To remedy an unacceptable road surface along Avenue G and in response to the Contractors' letter of May 10, 1999, outlining his recommendation for remediation the scope of change is proposed as follows: 1. Intersections will be overlaid with 1-1/2" hot mix asphalt. Contractor to prepare subgrade, including patching of potholes with cold mix asphalt. Hot mix asphalt to be Type D in accordance with TxDOT Standard Specification Item 340. 2. A one course surface treatment will be provided in areas not repaired as part of the intersection as described above. Work to be performed includes cleaning of the existing road surface , repair of potholes with cold mix overlay, application of CRS -2 asphalt to be provided by the Contractor and application of No. 4 aggregate to be taken from the City's stockpile. Contractor has voluntarily chosen to utilize the City's stockpile of aggregate materials and is not required to do so by the City or Engineer. Contractor to determine the application rate of asphalt and rock required. Change to CONTRACT PRICE: The Change to Contract Prices will include the addition of an item to pay for placement of the asphalt at the intersection, addition of a pay item for the rock taken from the City stockpile and elimination of two course surface treatment equivalent to the quantity of hot mix asphalt placed in the intersection. Changes in unit prices and quantities are provided in the following table: Item Unit Unit Price 1 COI -1 SY 5 5.50 CO1-2 Tons 5 30.61 13 SY $ 3.50 INET CHANGE IN CONTRACT Change in Quantity Change in Total Price 1 2006 $ 11,000.00 1 110 $ 3,367.101 -2000 $ (7,000.00)1 S 7,367.10 I Original CONTRACT PRICE: S 849,919.75 The CONTRACT PRICE due to this CHANGE ORDER will be increased by: S 7,367.10 The new CONTRACT PRICE including this CHANGE ORDER will be: $ 857,286.85 Change to CONTRACT TIME: There will be no change to Contract Time as a result of this Change Order. Approvals: Requested by: Recommended by: Accepted by: ,Norman Highway Constructors, Inc. , Schaumburg & Polk, Inc. ,City of Nederland Change Order: Page 1 of 1 1 1 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 17, 1999 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 May 17, 1999 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a proclamation to Steve Hamilton, Director of Public Works, Gary Graham, Schaumburg & Polk, Inc., and Will Lorraine, dp Consulting Engineers, Inc, declaring May 16-22, 1999 as "National Public Works Week" in Nederland. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the proclamation declaring May 16-22, 1999 as "National Public Works Week" in Nederland, Texas. All Voted Aye. Mayor Nagel presented a proclamation to Craig Allen, Rural Metro, and Mike West and Joey Ancelet, Goldstar, declaring May 16-22,1999 as "Texas Emergency Medical Services Week" in Nederland. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the proclamation declaring May 16-22, 1999 as "Texas Emergency Medical Services Week" in Nederland, Texas. All Voted Aye. NEDERLAND A motion was made by Councilman Nugent and seconded by Mayor Nagel AVENUE to postpone action regarding Nederland Avenue. All Voted Aye. WATER LINE A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action regarding the water line on Patillo Road. All Voted Aye. 145 146 Minutes continued, May 17, 1999 WAGNER A motion was made by Mayor Nagel and seconded by Councilman Nugent ADDITION to postpone action regarding concerns on Avenue G, road work. All Voted PROJECT Aye. WATER SYSTEM A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve the acquisition of water system infrastructure from AquaSource in the amount of $98,000.00, contingent upon all contract issues being resolved to the satisfaction of the City Manager, City Attorney, and staff. All Voted Aye. APPEARANCES Mayor Nagel introduced Adam McKey of Troop 53 who was attending the Council meeting in order to receive a merit badge. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by Councilman AGREEMENTS Daughtry to approve the renewal of a contract with Plan 21, employee assistance program. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve an Escrow Agreement with Prime Bank. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve a contract with Schaumburg & Polk, Inc. for design of back-up power supply capability in an amount not to exceed $5,000.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a contract with Schaumburg & Polk, Inc. for engineering services associated with the construction of water and sewer lines in the area west of Highway 69, contingent upon approval of the AquaSource agreement (see above). All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize bids for crack sealing work. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1999-11, supporting the submission of an application by the Jefferson County Sheriff's Department for grant funds from the Texas Narcotics Control Program. All Voted Aye. 1 1 1 1 1 1 Minutes continued, May 17, 1999 147 A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Resolution 1999-12, urging the United States Environmental Protection Agency to maintain the moderate ozone nonattainment status for Hardin, Jefferson, and Orange counties. All Voted Aye. REGIONAL A motion was made by Councilman Nugent and seconded by Mayor Nagel WATER PLAN- to approve an allocation of funds to assist with the administrative costs NING STUDY associated with the Regional Water Planning Study and in the event that other cities do not pay their portion Nederland will not be responsible for any additional funds; and, the City is of the opinion that all users of water should be contributing to this study. All Voted Aye. ORDINANCES A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve an Amendment to Ordinance No. 107, authorizing the placement of a 4 -way stop at Boston Avenue and 23`d Street, contingent upon changing the ordinance to read "All vehicles must come to a complete stop before the stop sign". All Voted Aye. STREET LIGHT Andre' Wimer, City Manager, gave a brief report on the problem the City has been having regarding commercial tree trimmers. He reminded Council that some of these companies have been placing limbs in front of their own homes for the City to remove. Mayor Nagel asked the City Manager and staff to prepare a draft ordinance dealing with these situations and then present it to the Council for consideration. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the installation of a street light at 2316 Detroit Avenue. All Voted Aye. FIRE A motion was made by Mayor Nagel and seconded by Councilman Daughtry DEPARTMENT to authorize repair work for the rescue truck for the Fire Department by JK Chevrolet in the amount of $7,500.00. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Schaumburg & Polk, Inc. as follows: $5,344.40, wastewater system rehabilitation; $7,369.20, Wagner Addition wastewater system improvements; $16,829.00, wastewater system improvements; $627.00, surveying services associated with the area east of Highway 69; and, $1,339.50, generator study. All Voted Aye. 14 8Minutes continued, May 17, 1999 A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to T & N Laboratories, Inc. as follows: $147.00 and $482.00, Wastewater Treatment Plant lab/office building materials testing. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Brammer Construction, Inc. in the amount of $15,390.00, Estimate No. 2, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Fugro South, Inc. in the amount of $1,317.50, overlay testing on Avenue G. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman Sawyer SESSION to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the City will begin using the new COMMENTS software package next week. He presented the Council with a copy of Port Arthur's policy regarding release of their ETJ. Mr. Wimer also reported that the new playground equipment for the South 5th Street park will be erected this week.. He added that Holmes Road repairs have been initiated, and the Library Summer Reading Program will kick-off soon. Mr. Wimer informed the Council that the RSVP building has been emptied and he will contact the Jefferson County Amateur Radio Club to see if they are interested in using it. He also stated that the new Council table will be built by the next meeting. Mayor Nagel reminded the Council of the joint workshop with the Planning and Zoning Commission on Tuesday, May 18`h. ADJOURN There being no further business the meeting was adjourned at 7:45 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary Homer E. Nagel, Mayor V 1 1 1 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager X (1 (mi City Secretary S - -tit) Date 149 PRESENT ABSENT 150 THIRD RENEWAL TO EMPLOYEE ASSISTANCE PLAN AGREEMENT This THIRD RENEWAL TO EMPLOYEE ASSISTANCE PLAN AGREEMENT (the "Agreement") is entered into effective as of July 1, 1999 by and between Plan 21, Incorporated, a Texas corporation ("Plan 21") and the City of Nederland ("City"). WITNESSETH: I. Recitals WHEREAS, Plan 21 and City have entered into that certain Employee Assistance Plan Agreement (the "Agreement") effective as of July 1, 1996. WHEREAS, pursuant to the Agreement, the City agrees to participate in Plan 21's Employee Assistance Program. WHEREAS, Plan 21 and the City desire to renew the Agreement. II. Renewal The original Agreement, as amended July 1, 1998, is renewed for the year beginning on July 1, 1999. IN WITNESS WHEREOF, Plan 21 and the City have executed this Amendment on the 17th day of May, 1999. PLAN 21, INCORPORATED By:( -4 Name f Stephefi N. Luppino Title. Chief Operating Officer CITY OF pERLANr) By: Name: Homer E. Nagel Title: Mayor Attest: fri LaDonna Floyd, City Secretary 1 1 1 EXHIBIT D.4 AUTHORIZATION OF SERVICES In accordance with the Engineering and Consulting Services Agreement dated October 9, 1995, between the City of Nederland, Texas and Schaumburg & Polk, Inc.; The City of Nederland, Texas hereby authorizes Schaumburg & Polk, Inc. to perform the services, described by this Exhibit. NATURE OF THE ASSIGNMENT This assignment is to provide the engineering services needed to complete services related to preparation of design documents to 'provide for installation of a generator termination enclosure and modification to control loops at the Water Treatment Plant. SCOPE OF WORK The scope of work under this authorization are Additional Services as described below. Provide plans and specifications for the portable generator termination equipment including the following: • Size enclosures, conduits, and wiring • Develop plans showing site location, termination enclosure mounting, and conduit routing • Develop specifications for scope of construction and material Provide plans and specifications for the modifications to the control system at both the Water Plant and the Raw Water Plant as follows: • Modify the control schematics contained in the Operation and Maintenance Manuals to show the work to be performed • Provide specifications for material We understand the construction will be performed by the City's preferred electrical subcontractor on a negotiated basis and therefore bid documents will not be required. Our scope of work will include two trips to the site during the construction process to review the work being performed and to be available for questions. PROJECT SCHEDULE We would anticipate having the plans and specifications ready for review within two weeks after authorization. BASIS OF PAYMENT Compensation for all work provided under this authorization shall be based on the Engineer's Rate Schedule included in this contract as Exhibit B for the hours worked and miscellaneous expenses included in performance of the work herein authorized. The Schaumburg & Polk, Inc. CONSULTING ENGINEERS 151 15 2 Engineer agrees that the total cost for all work and expenses covered by this authorization shall not exceed $ 5,000.00 without the City of Nederland's prior approval ENGINEER'S COMPENSATION For all in consideration of the services to be rendered by the ENGINEER, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth. All remittance by the OWNER of such compensation shall be mail or delivered to the ENGINEER's office at: Schaumburg & Polk, Inc. 8865 College Street Beaumont, Texas 77707 CITY OF . DERLAND, TEXAS / 7 34e Mim% Signature /ignature SCHAUMBURG & POLK, INC. Date Inn 11, ame Titlerte' D6'.6 Witness S- /494 Date GaneC'r(i/,Cn, ame a?e /lPli/D.s7 Title Witness Schaumburg & Polk, Inc. CONSULTING ENGINEERS 153 EXHIBIT A-3 TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES May, 1999 SCHAUMBURG & POLK, INC. Further Description of Basic Engineering Services and Related Matters This is an exhibit attached to, made a part of and incorporated by referenced into the Agreement made in January, 1998 between the CITY OF NEDERLAND (OWNER) and SCHAIIMBITRG & POLK. INC. (ENGINEER) providing for professional engineering services. The scope of services authorized herein is related to additional services as described in paragraph 2.1.11 of the agreement and described herein. Authorization for performance of the assignment described is given by signature of the authorized agents for the Owner and the Engineer below. This Exhibit authorizes surveying design, and construction phase services including resident project representation for extension of water and sewer utilities in the Annexation Area west of U.S. Highway 69, 96, 287 as recommended in our report to Nederland dated April, 1998. We recommend a budget of $220,000 be established for the scope of services identified below. This cost will not be exceeded without the City's written authorization. Schedule We anticipate start of work to begin within seven calendar days from a notice to proceed with field services. We are scheduled to complete design of the improvements within seven months of our notice to proceed. At that time we will be prepared to bid the improvements as directed by the City of Nederland. We anticipate construction of these improvements will take twelve months. The cost for project representation is based on a twelve month construction period. If phasing of the construction extends the construction period project representation may need to be adjusted. The scope of services provided by Schaumburg and Polk is as follows: 1. Provide topographic survey adequate for design of the water and sewer improvements recommended in Schaumburg & Polk's report to the City of Nederland dated April, 1998. The topographic survey will include the location of all visible wastewater and storm facility structures and a physical inspection of each structure to determine the line size and elevations. Visible improvements, such as drives, culverts, meters, sewer clean -outs, utility poles, signs, fences, trees, bushes and ditches, located in the right-of-way and easements will also be surveyed. Underground utilities will be located on the basis of visible accessories (manholes, inlets, valves) or locations as marked by the City or utility owner. Probing of utilities will not be performed. 2. Design of the improvements identified in the report for providing the area west of Hwy 69, 96, 282 with water and sewer service including design of two new sanitary C:\WINDOWS\TEMP\—Annexat.doc Page -1- Schaumburg & Polk, Inc. CONSULTING ENGINEERS 154 sewer lift stations and a new sewer force main to Nederland's wastewater treatment plant. 3. Bid the improvements in phases as directed by the City of Nederland to meet service, budgetary and scheduling constraints. Assist the City in determining the most advantageous phasing strategy. 4. Provide both construction phase and project representation services during construction of the improvements designed under this authorization. Budget The budget for provision of these services is as follows: 1) Survey 2) Design 3) Construction Phase 4) Project Representation Total $ 37,000.00 $ 82,400.00 $ 20,600.00 $ 80,000.00 $220,000.00 Authorization of Assignment No. 3 Contract Dated January, 1998 between the City of Nederland and Schaumburg & Polk, Inc. CITY OF NEDERLAND Andre' Wimer City Manager Attest SCHAUMBURG & POLK, INC. .47,2Aiaw/0 Gary C. Graham Vice Pres ent Attest C:\WINDOWS\TEMP1—Annexat.doc Page -2- Schaumburg & Polk, Inc. CONSULTING ENGINEERS CITY OF NEDERLAND RESOLUTION 1999-11 WHEREAS, the Sheriff of Jefferson County has prepared a grant application to the Texas Narcotics Control Program for continuation of the grant that funds the Narcotics Task Force; and WHEREAS, the application proposes to continue the cooperative multi jurisdictional Narcotics Task Force with the Police Departments in Nederland, Beaumont, Port Arthur, Groves, and Port Neches, and the Orange County Sheriff's Department; and WHEREAS, the federal funds available under the provisions of the National Anti -Drug Abuse Act of 1988 are being administered and disbursed pursuant to a statewide strategy developed by the Criminal Justice Division of the Governor's Office, and the application by the Jefferson County Sheriffs Department would be an appropriate expenditure of said funds in response to the statewide strategy and needs of the affected communities, to address the illegal drug trafficking activities therein. The City of Nederland pledges to operate this Narcotics Task Force and the use of this equipment in accordance with Criminal Justice Division and Texas Narcotics Control Program rules and regulations and affirms that in the event of loss or misuse of Criminal Justice Division funds, the City of Nederland assures that these funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council in a regular meeting duly convened and acting in its capacity as the governing body of Nederland, Texas, supports and endorses the application of the Jefferson County Sheriffs Department to apply for grant funds from the Texas Narcotics Control Program, as administered by the Criminal Justice Division, Office of the Governor, to continue funding for the Jefferson County Narcotics Task Force, and commits to provide the matching funds necessary to comply with grant conditions. PASSED AND APPROVED this the t ') day of -/1 c... , 1999. U'. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, Ci Attomey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 155 156 CITY OF NEDERLAND RESOLUTION 1999-12 A RESOLUTION URGING THE U. S. ENVIRONMENTAL PROTECTION AGENCY TO MAINTAIN THE MODERATE OZONE NONATTAINMENT STATUS FOR HARDIN, JEFFERSON AND ORANGE COUNTIES AND PROVIDE AN ATTAINMENT DATE OF 2007 WHEREAS, the Southeast Texas region of Hardin, Jefferson and Orange counties does not meet the National Ambient Air Quality Standard for ozone and is currently classified as a "moderate" nonattaintment area for ozone by the United States Environmental Protection Agency (EPA), and; WHEREAS, the South East Texas Regional Planning Commission Air Quality Advisory Committee (SETRPC AQAC) has worked to demonstrate to the EPA that ozone causing pollutants are transported into Southeast Texas from a significant upwind source, the Houston -Galveston area, and; WHEREAS, dense smoke from uncontrolled forest fires in Mexico and Central America in 1998 was transported into the Southeast Texas region demonstrating that haze and pollutants can be carried into other areas thereby affecting air quality, and; WHEREAS, the Southeast Texas region cannot be held accountable for pollutants transported from other areas which cannot be locally controlled, and; WHEREAS, pollutants transported into Southeast Texas from Houston -Galveston prohibits the Hardin, Jefferson and Orange county region from reaching attainment until the Houston - Galveston area does so, and; WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC) has provided agency staff and resources to prepare the air dispersion and other technical data measuring to complete the ozone transport demonstration, and; WHEREAS, under the EPA ozone transport policy which allows leniency when it can be statistically demonstrated that pollution from other areas plays a large part in ozone smog, SETRPC AQAC, in conjunction with the TNRCC, has been working to develop an attainment demonstration plan, and; WHEREAS, the EPA recently published notice in the Federal Register to reclassify the Hardin, Jefferson and Orange county region from a "moderate" to a "serious" nonattainment area for ozone, and; WHEREAS, a reclassification to "serious" could result in additional control measures which could stifle the local economy and future economic development, and affect job growth and expansion of large and small business and industry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1 1 1 THAT upon submittal of a timely mutually satisfactory attainment demonstration plan by the TNRCC, the South East Texas Regional Planning Commission and the City of Nederland urges the Environmental Protection Agency to maintain the "moderate" status for Hardin, Jefferson and Orange counties and provide an attainment date of 2007 to coincide with the Houston -Galveston area's attainment date. PASSED AND APPROVED this 17'" day of May, 1999. ATTEST: aecaLars,Gr": LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ,City ttomey City of Nederland, Texas <(C2 Homer E. Nagel, Mayor City of Nederland, Texas 157 158 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF TI -IE CITY OF NEDERLAND, PROVIDING FOR STOP SIGNS, ANI) PROVIDING PENALTIES AND FINES FROM ONE DOLLAR (S1.00) TO TWO HUNDRED DOLLARS (5200.00). WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices 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 TIIE CITY COUNCIL OF TIIE 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 A 4 -way stop sign shall be erected at the intersection of Boston Avenue at 23rd Street. All vehicles must come to a complete stop before the stop sign or any designated crosswalk. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty ofa 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 after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the /1 day of `/'fin Aos , 1999. ATTEST: 1 a onna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City (4ttomey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. June 14, 1999 MEETING The meeting was called to order at 3:00 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 Radcliff to approve the minutes of the May 17, 1999 meeting as written. All Voted Aye. NEDERLAND A motion was made by Mayor Nagel and seconded by Councilman AVENUE Daughtry to postpone action regarding Nederland Avenue. All Voted Aye. WATER LINE REQUEST 1 Andre' Wimer, City Manager, reminded the Council that the 30 day deadline to receive information on the water line on Patillo Road is June 15`h. He reported that the pressure test results have been received but staff is trying to clarify some aspects of the test. Mr. Wimer informed the Council that some of the customers on Patillo Road are scheduled to appear before the Port Arthur City Council at their next meeting to ask them to release this area from their ETJ in order to allow Nederland to provide services. He recommended that Council postpone action until the City of Port Arthur has made their decision regarding this matter. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to postpone action regarding the water line on Patillo Road. All Voted Aye. Heraldo Munoz, 3245 Cedar Lane, presented a petition to the Council asking that the ordinance banning ice cream truck vendors be repealed. 159 160 Minutes continued, June 14, 1999 Mayor Nagel informed Mr. Munoz that the Council voted to deny his request during the last meeting in which he had requested to be placed on the agenda, however, he was not present. Mayor Nagel further explained that the reason this ordinance was passed was due to citizens' request many years ago. He added that due to noise levels and child safety factors the City voted to ban ice cream trucks at that time. Deena Bonin, 3730 Parkway Drive, stated that she is in favor of the Council lifting this ban. She added that she currently operates an ice cream truck and they have the capability to turn the music off and they are very safety conscience of the children. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to accept the petition as presented and to postpone action until the petition can be verified and citizens can be questioned regarding their opinion. All Voted Aye. WAGNER A motion was made by Mayor Nagel and seconded by Councilman ADDITION Nugent to postpone action regarding concerns on Avenue G, road PROJECT work. All Voted Aye. DEVELOPMENTS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve the final plat of Airport Plaza Subdivision as recommended by the Planning and Zoning Commission. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the final plat of Turner Lane Commercial Park (outside the City limits, but within the City's extraterritorial jurisdiction) as recommended by the Planning and Zoning Commission. All Voted Aye. ORDINANCES Andre' Winner, City Manager, stated that the draft ordinance regulating sexually oriented businesses (SOB) was prepared by the City Attorney as requested by the City Council. Richard Hughes, City Attorney, informed the Council that this type of business is extremely difficult to regulate and it poses a burden on the City's ordinary police powers. He added that he has made several changes to the draft in an effort to insure that all areas are addressed. The City of Nederland does not currently have any 1 1 1 Minutes continued, June 14, 1999 16.1 SOB's in the city limits, therefore, no language will be necessary in the ordinance to address existing businesses. Mr. Hughes stated that if the City has not adopted a Comprehensive Plan in accordance with L.G.C. Sec. 211 we could treat this ordinance as a licensing process. He added that he will continue to work on the ordinance and present further information at a later meeting. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone setting a Public Hearing to receive comments regarding proposed ordinance regulating sexually oriented businesses. All Voted Aye: A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Ordinance No. 1999-03, storage and regulation of rubber tires. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Ordinance No. 199-04, tree trimming/limb disposal contingent upon deleting the term "dead trees" in Sec. 86-36, and adding "... within the City not authorized by the City Council" in Sec. 86-36(c). All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to postpone approval of an Amendment to Ordinance No. 107, stop signs. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1999-13, establishing just compensation to acquire property at 3024 Avenue G, and Resolution 1999-14, establishing just compensation to acquire property at 3020 Avenue G, contingent upon changing "easement" to"property" on both resolutions. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Nugent to postpone approving a contract for engineering services for the Fire Station. All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the purchase of computer software and hardware for the Police Department in the amount of $35,575.00 contingent upon approval of the contract documents by the City Attorney. All Voted Aye. 162 Minutes continued, June 14, 1999 A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to award bids received for Sanitary Sewer Evaluation Survey (SSES) sewer line work to Excavators & Constructors, Inc., Beaumont, TX, in the amount of $303,477.03. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to award bids received for construction of a storage building for the Parks Department to G & G Enterprises, Inc., Orange, TX, in the amount of $26,605.00. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for street materials to Koch Materials, Houston, TX, as follows: AES -300 - $.70/gallon and RS - 2 - $.66/gallon. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve electrical work at the Water Treatment Plant by B. C. Miller Electric Company, Nederland, TX, in the amount of $14,924.00 in order to provide the ability to operate the plant manually in the event of a power outage. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve the purchase of a transport van from HGAC in an amount not to exceed $14,999.00. All Voted Aye. CITY EQUIPMENT A motion was made by Mayor Nagel and seconded by Councilman Sawyer to request the City Attorney to investigate the issues of the City sanctioning the Nederland Beautification and Special Events Committee (employee volunteer group) with regards to liability issues and if they can legally use City equipment on community projects. All Voted Aye. PERSONNEL A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the reclassification of a Patrol Officer position to a Sergeant position, Police Department. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve payment to Costello, Inc. in the amount of $1,859.12, Main "C" Drainage Study. All Voted Aye. 1 1 1 Minutes continued, June 14, 1999 A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve payment to Brammer Construction, Inc. in the amount of $35,245.00, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $576.00, Wastewater Treatment Plant, lab/office building. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve payment of the bills for the month of May, 1999. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Radcliff to postpone the Executive Session. All Voted Aye. OFFICIALS' Richard Hughes, City Attorney, reported that the Louis Hernandez COMMENTS v. City of Nederland case has been dismissed - no recovery and no settlement. Andre' Wimer, City Manager, reported that the annual Spring Clean -Up sponsored by the City and the Nederland Rotary Club will be held Saturday, June 19`F'. The report on the Hardy Avenue water tower has been received from Don Reichle. Mr. Wimer also stated that Councilman Daughtry has expressed an interest in applying for a TxDOT grant to be used for construction activity in the downtown area. The grant would be used for beautification type projects and is a 80/20 match. Application deadline is August 9`f'. The Council agreed that we pursue this. ADJOURN There being no further business the meeting was adjourned at 5:50 p.m. by Mayor Nagel. ATTEST: Homer E. Nagel, Mayor 0"P�Er'06, •OF '(' 0 LaD� o naFloyd, City Secretary a ' • )42. 163 164 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Secretary Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT ABSENT 1 1 ORDINANCE NO. 1999-03 AN ORDINANCE ADOPTING AND ENACTING STANDARDS FOR THE STORAGE AND REGULATION OF RUBBER TIRES AND RELATED MATERIALS; PROVIDING FOR PUBLICATION; AND, PROVIDING A PENALTY FOR THE VIOLATION THEREOF. WHEREAS, the City Council of the City of Nederland has deemed it necessary to enact standards for the storage and regulations of rubber tires and related materials within the City limits to protect the public health and sanitation of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: Outside Storage. The outside storage or display of tires or related materials must be stored on non-combustible racks with minimum of forty-four inches (44") aisle clearance, also remaining clear of obstructions at all times; maximum height of racked tires shall not exceed fifteen feet (15'1; bottom racked tires shall have a minimum clearance of six inches (6") from the ground. Any flammable liquids in storage shall be in accordance with Chapter 9 of the Standard Fire Prevention Code. Section 2: Existing Operations. Existing rubber tire and related material storage operations shall be provided twelve (12) months from the effective date of this ordinance to become compliant. Section 3: Exceptions. It shall be an exception to this ordinance when in the opinion of the fire authority, special provisions are warranted to meet the Code. These exceptions shall be approved by the Fire Chief or his designee. Section 4: If any portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions thereof. Section 5: All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of the conflict. Section 6: Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and each and every day the violation is permitted shall constitute a separate offense. A violation of a provision of this ordinance shall be punishable by a fine of not less than One Dollar (51.00) nor more than Two thousand Dollars ($2,000.00), provided, however, said fine shall not exceed the maximum fine authorized by state law. Section 7: This ordinance shall take effect from and after its passage by the City Council and publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. 1 165 166 PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the / v day of (it ,,ti.( 1999. I crw.c•�.— 674 J7 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: n 'LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 1 167 ORDINANCE NO. 1999-04 AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, WHICH REGULATES AND PROVIDES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND TREE LIMBS; PROVIDING FOR THE DISPOSAL OF TREE LIMBS, SHRUBS AND SIMILAR PRODUCTS IN EXCESS OF THE AMOUNT COLLECTED BY THE CITY; ESTABLISHING REGULATIONS GOVERNING COMMERCIAL TREE TRIMMERS; PROVIDING FOR CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS. WHEREAS, the City Council of the City of Nederland is of the opinion that large accumulation of trimmings from trees, shrubs and similar products on premises within the City limits poses a threat to the public health and sanitation of the community; and WHEREAS, the City Council of the City of Nederland finds that it is in the best interest of the citizens of the City of Nederland to prohibit the large accumulation of trimmings from trees, shrubs and similar products on premises by requiring any person or business who trims trees in the City limits and charges for the service to be responsible for the removal of the tree limbs and tree products from the premises and to adopt an ordinance as hereinafter set forth: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That Chapter 86, "Solid Waste", "Sec. 86-36. Heavy Accumulations" to the Code of Ordinances of the City of Nederland, Texas, is hereby amended to read as follows: "Section 86-36. Heavy Accumulations" a. Heavy accumulations such as brick, broken concrete, lumber, ashes clinker, cinders, dirt and plaster, sand or gravel, automobile frames, and other bulky, heavy material shall be disposed of at the expense of owner or person controlling such under the direction of the designated official. b. Any person, firm or corporation who trims trees, shrubbery or similar products on premises within the City limits in exchange for fees or other considerations shall, before the expiration of five (5) days after the accumulation begins, remove and dispose all such tree limbs and other trimmings from such premises the accumulations that exceed the quantities included in the collection services for one (1) collection period furnished to the premises by the City. c. It shall be unlawful for any person, firm, or corporation who trims trees, shrubbery or similar products on premises within the City limits in exchange for fees or other considerations to transport such material to other sites within the City not authorized by the City Council. The City shall not collect any material from locations other than the property at which the material was generated. d. The provisions of Sec. 86-71 pertaining to franchise regulations shall not apply to a person, firm or corporation who removes tree trimmings from premises within the City limits as required by Sec. 86-36. 168 e. The above provisions are intended to govern and protect public health and safety. Any person, firm or corporation who intentionally, knowingly, or recklessly violates any duty or responsibility imposed by Sec. 86-36 shall be deemed guilty of a misdemeanor and shall on conviction be fined in accordance with the general penalty provisions of Sec. 1-4 of this Code of Ordinances. SECTION 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extend of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 3: If any provision of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. SECTION 4: This ordinance shall take effect from and after its passage by the City Council and publication. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED by the City Council of the City of Nederland at a regular meeting on this / ( day of cth l 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ,C1.(1M,1h LaDonna Floyd, City'Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Ss Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-13 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 3024 AVENUE G WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal of a 0.3443 acre tract of land out of and a part of the West %: of Lot 24, Block 1, Tracts 1 and 4, Hillcrest Second Addition Acres, has been made in order for the City to obtain the tract to be used as a buffer zone for the City of Nederland Wastewater Treatment Plant, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $12,500.00, and WHEREAS, the City Council made an offer to Oscar D. Lott, Jr. in the amount of $12,500.00 to acquire the aforementioned property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the acquisition of a 0.3443 tract across the property located at 3024 Avenue G in order to provide a buffer zone. PASSED AND APPROVED this the /q day of 1999. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas ( .,sem Homer E. Nagel, Mayor V City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, C Attorney City of Nederland, Texas 169 170 CITY OF NEDERLAND RESOLUTION 1999-14 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 3020 AVENUE G WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal of a 0.3443 acre tract of land out of and a part of the East /2 of Lot 24, Block 1, Tracts 2 and 3, Hillcrest Second Addition Acres, has been made in order for the City to obtain the tract to be used as a buffer zone for the City of Nederland Wastewater Treatment Plant, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as 812,500.00, and WHEREAS, the City Council made an offer to Samuel Distefano, Jr., et ux, in the amount of $12,500.00 to acquire the aforementioned property. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the acquisition of a 0.3443 tract across the property located at 3020 Avenue G in order to provide a buffer zone. PASSED AND APPROVED this the /Lf day of a,M r 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: • aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z -rt_ Richard D. Hughes, Ci Attorney City of Nederland, Texas 1 1 1 1 1 1 171 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 28, 1999 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 Daughtry to approve the minutes of the June 14, 1999 meeting as written. All Voted Aye. REQUESTS Mayor Nagel stated that he did verify some of the signatures on the petition supporting ice cream vendors that Mr. Munoz presented at the June 14th meeting. He added that many of the signatures were from citizens outside the City limits and several others were located on very busy streets where ice cream trucks would not be able to serve. Mayor Nagel said that he is still of the opinion that the City's current ordinance should remain in effect. He feels that the main focus is the safety of the children. Mayor Nagel reminded everyone that the citizen's of Nederland approached the Council years ago to ask for the ban. Heraldo Munoz, 3245 Cedar Lane, asked the Council to reconsider his request and to grant him a 30 -day temporary permit. He feels this would give the citizens an opportunity to express their views. A motion was made by Mayor Nagel and seconded by Councilman Nugent to deny a request from Heraldo Munoz, 3245 Cedar Lane, regarding ice cream truck vending in the City of Nederland. All Voted Aye. Andre' Wimer, City Manager, stated that he was approached by the Nederland Independent School District regarding traffic hazards in front of Central Middle School. They have asked that the traffic be one-way during the school year between the hours of 7:30 172 Minutes continued, June 28, 1999 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m. in order to allow for easier drop-off and pick-up of students. Mr. Wimer added that if approved signs will be placed at all intersections. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the request of the Nederland Independent School District regarding one-way traffic on 17th Street from Detroit Avenue to Atlanta Avenue during the school year. All Voted Aye. PROPERTY - A motion was made by Mayor Nagel and seconded by Councilman CITY EQUIPMENT Sawyer to deny the request from the Nederland Beautification and Special Events Committee to utilize City equipment. All Voted Aye. WATER LINE Andre' Wimer, City Manager, reported that Ron Arceneaux of Arceneaux and Gates is not prepared to certify the pressure test of the water line on Patillo Road. Mr. Arceneaux stated that he was not present at the site during the test, therefore, he is unable to verify the results. Mr. Wimer stated that he will continue to talk to Mr. Jay Garth regarding this line in order to have a test conducted. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize the City Manager to inform Mr. Jay Garth that the City will grant him an extension until July 26th to present the results of a pressure test that has been confirmed by an engineering firm. All Voted Aye. RESOLUTION Henry Gernhauser, Entergy Gulf States, explained to the Council the reason for their latest rate increase request and asked the Council to reconsider before approving the resolution. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1999-15, Entergy rate case. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Daughtry to approve a water supply contract with the Lower Neches Valley Authority. All Voted Aye. 1 1 1 1 Minutes continued, June 28, 1999 173 A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a lease agreement with the Jefferson County Amateur Radio Club for City property located at 216 - 10th Street (RSVP building). All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to award bids received for a lift station at the Wastewater Treatment Plant to Kinsel Industries, Inc., Houston, TX, in the amount of $ 1,341,700.00. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to postpone award of bids for crack sealing. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize concrete stabilization work by URETEK USA, INC., Houston, TX, in an amount not to exceed $14,900.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payments to Schaumburg & Polk, Inc. as follows: $24,036.1 1, wastewater system improvements; $12,461.64, wastewater system rehabilitation; $3,278.18, Wagner Addition improvements; $1,138.96, Main "C" drainage study; $9,950.00, east annexation area surveying work; and, $3,098.33, standby generator study. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to T & N Laboratories, Inc. in the amount of $102.00, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Norman Highway Constructors, Inc. in the amount of $84,928.95, Wagner Addition wastewater collection improvements. All Voted Aye. CIVIL SERVICE A motion was made by Mayor Nagel and seconded by Councilman COMMISSION Sawyer to appoint the following to the Civil Service Commission: Jerry McNeill, one year term; Billy Neal, two year term; and, George Eisenmann, three year term. All Voted Aye. 174 Minutes continued, June 28, 1999 BOARDS AND A motion was made by Councilman Nugent and seconded by COMMISSIONS Councilman Radcliff to establish meeting compensation in the amount of $ 10.00 per meeting for members of the Planning & Zoning Commission, Zoning Board of Appeals, Construction Board of Appeals, and Civil Service Commission. All Voted Aye. EXECUTIVE The regular meeting was recessed at 7:07 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551 .071, Robert Miller v. City of Nederland, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; and, consultation with City Attorney regarding Texas Department of Transportation matters; and Chapter 551 .074, discuss personnel appointments of City Secretary, City Treasurer, Fire Chief/Fire Marshal, Police Chief, City Judge, City Attorney, Emergency Management Coordinator, and Assistant Emergency Management Coordinator. RECONVENE The regular meeting was reconvened at 7:30 p.m. by Mayor Nagel. He announced that the property and litigation matters were for informational purposes only. Richard Hughes, City Attorney, stated that he wrote a letter to the Texas Department of Transportation asking for them to clarify that the Nederland Avenue project has been completed or if any remedial work will be performed, but as of today he has not received a response from them. NEDERLAND A motion was made by Mayor Nagel and seconded by Councilman AVENUE Sawyer to postpone action regarding the Nederland Avenue project. All Voted Aye. PERSONNEL A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize personnel appointments as follows: LaDonna Floyd, City Secretary; Cheryl Dowden, City Treasurer; Mike Lovelady, Fire Chief/Fire Marshal; Billy Neal, Police Chief; John Borne, City Judge; Richard Hughes, City Attorney; Billy Neal, Emergency Management Coordinator; and, Mike Lovelady, Assistant Emergency Management Coordinator. All Voted Aye. 1 1 1 Minutes continued, June 28, 1999 175 OFFICIALS' Andre' Wimer, City Manager, reported that Jefferson County COMMENTS Drainage District No. 7 is scheduled to begin installing the culverts under Avenue H at the Main "B" crossing as a part of the drainage study. He added that all issues regarding the acquisition of a portion of the AquaSource system have been resolved. The scheduled date to change out the master meter is July 19th and some of the customers may experience a disruption in service for several hours. Mr. Wimer also reported that a meeting will be held later this week to discuss potential projects for the TxDOT grant application. He stated the deadline for customers to make necessary repairs to their sewer lines is this week. If the repairs are not made these customers will incur a $15.00/month surcharge until the repairs are made. Mr. Wimer reminded the Council that these lines were identified in the SSES. Mayor Nagel reminded the Council of the reception for Joe Arnold, Assistant to Congressman Nick Lampson, will be held July 6th Councilman Daughtry reported on the Fourth of July activities scheduled for Doornbos Park. The picnic will begin at approximately 4:00 p.m. and entertainment is scheduled throughout the day with the fireworks display beginning around 9:00 p.m. ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by Mayor Nagel. ATTEST: ndj"wa8 C-21.0( LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 176 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager �. Xarwvhra �K� ¢ren( City S cretary Date IPRESENT I ABSENT 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-15 WHEREAS, Entergy Gulf States ("EGS" or "Company") has informed the Cities and other parties that it intends to file a fuel rate case seeking to surcharge additional fuel charges to Texas ratepayers; and WHEREAS, the Company is seeking an exception to the rules of the Public Utility Commission so it can avoid filing all information required by such rules to be filed in such fuel rate case; and WHEREAS, the Company has filed with the Public Utility Commission a request to base refunds owed to customers from its 1996 rate case (Docket 16705) on hypothetical rather than actual amounts contrary to its agreement with the Cities and Commission precedent; and WHEREAS, the Cities have a duty to seek fair and reasonable rates for both the Company and ratepayers within the Cities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the City of Nederland shall participate with other Cities as follows: 1. to intervene in the fuel case which the Company is expected to file at the Public Utility Commission, seeking appropriate regulatory scrutiny and the exercise of the Cities' original jurisdiction; 2. to oppose any efforts by the Company to obtain an exception allowing it to file less information in such fuel rate case than required by the rules of the Public Utility Commission; and 3. to oppose efforts of the Company to base refunds due from its 1996 rate case (Docket 16705) on hypothetical rather than actual revenues. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee which shall have authority to engage attorneys, rate consultants and all necessary personnel as authorized by the Public Utility Regulatory Act and to direct the actions of such representatives in the above proceedings. Cities' reasonable rate case expenses are required to be reimbursed by the Company pursuant to the Public Utility Regulatory Act, therefore, the Steering Committee is directed to obtain reimbursement from the Company of all reasonable expenses. ADOPTED by the City Council of the City of Nederland this the o2 ?5' day of «.� , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 217/)„0/ aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas 177 178 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 12, 1999 MEETING The meeting was called to order at 3:00 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 June 28, 1999 meeting as written. All Voted Aye. RECOGNITION Mayor Nagel introduced Cass Newsome from Boy Scout Troop 11, Port Neches, and Jared Byrd, Boy Scout Troop 51, Port Neches, who were both in attendance working toward their Citizenship Merit Badge. PRESENTATION Kelly Galloway, Assistant to the City Manager, introduced Athan Allen, a Nederland High School senior who will be working at the Recreation Center as part of the Enterprising Stars Youth Work Program as sponsored by Motiva. Sue Parsley, Motiva, thanked the City for participating in the program. Motiva pays the costs associated with employing high school students at all area cities. PUBLIC HEARING The regular meeting was recessed at 3:14 p.m. and Public Hearing was called to order by Mayor Nagel for the purpose of receiving comments regarding the Boston Avenue project. Andre' Wimer, City Manager, explained that this Public Hearing was necessary as a part of the application process for the Texas Department of Transportation's Statewide Transportation Enhancement Program. He added that he, Councilman Daughtry, Steve Hamilton, and Will Larraine, d.p. Consulting Engineers, met last week to discuss potential projects which may qualify for this grant. 1 1 n 1 1 173 Minutes continued, July 12, 1999 Mr. Larraine presented several drawings which he feels will qualify for the grant. The drawings depicted pavers (brick overlay) at the crosswalks, landscaping, ornamental lighting, and benches on each corner. The estimated cost per intersection is $120,000.00, but if the base appears to be stable enough this cost would decrease somewhat. RECONVENE There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:37 p.m. by Mayor Nagel. NEDERLAND A motion was made by Mayor Nagel and seconded by Councilman AVENUE Nugent to postpone action regarding Nederland Avenue. All Voted Aye. WATER LINE Andre' Wimer, City Manager, explained that Mr. Jay Garth, developer of Patillo Road, has not been able to contact a representative of Arceneaux & Gates regarding the problems with the pressure test. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to extend the deadline for the City to obtain the certified pressure test results to August 9, 1999. All Voted Aye. WATER STORAGE Don Reichle, Don S. Reichle & Associates, Inc., presented the TANKS Council with a detailed inspection report on the Hardy Avenue Elevated Water Tank. He recommended that the following items need to be addressed: 1. Steel repairs, alterations and additions; 2. Clean and paint tank exterior; 3. Clean and paint tank interior dry areas; 4. Clean and paint tank interior water compartment; 5. Disinfect interior surfaces; and, 6. Disposal of non -hazardous blast debris. Mr. Reichle stated that the total estimate of the above would be $151,000 to $175,800. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a contract with Don S. Reichle & Associates, Inc. for engineering/design work on the Hardy Avenue water storage tank in the amount of $8,500.00. All Voted Aye. 180 Minutes continued, July 12, 1999 PERSONNEL A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a contract with Richard Hughes, City Attorney, for professional services; and, approve Jesse Branick as the City Attorney's designee for presentation of cases in Municipal Court. All Voted Aye. RESOLUTION A motion was made by Councilman Daughtry and seconded by Mayor Nagel to approve Resolution 1999-17, supporting Beaumont's bid for location of the 2001 Annual Institute of the Association of Mayors, Councilmembers, and Commissioners. All Voted Aye. BIDS/PURCHASES A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve the purchase of end panels for the Marion and Ed Hughes Library from Cultural Surroundings, Dallas, TX, in the amount of $18,623.28. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to award bids received for water and sewer line construction east of Highway 69 to Norman Highway Constructors, Inc., Orange, TX, in the amount of $136,624.13. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve an Amendment to Ordinance No. 107, designating 17`h Street between Detroit Avenue and Atlanta Avenue as one-way from 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Ordinance No. 1999-05, establishing meeting compensation for members of the Planning & Zoning Commission, Zoning Board of Appeals, Construction Board of Appeals, and Civil Service Commission. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to call for a Public Hearing to be held July 26, 1999 at 6:00 p.m. for the purpose of receiving comments regarding the Sexually Oriented Business ordinance. All Voted Aye. 1 Minutes continued, July 12, 1999 PROPERTY PAYMENTS 181 A motion was made by Councilman Sawyer an seconded by Mayor Nagel to declare an old centrifuge from the Wastewater Treatment Plant as surplus and authorize the City to receive bids. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to T & N Laboratories, Inc. in the amount of $220.00, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Brammer Construction, Inc. in the amount of $33,297.50, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment of the bills for the month of June. All Voted Aye. RECESS The regular meeting was recessed at 4:30 p.m. by Mayor Nagel. RECONVENE The regular meeting was reconvened at 4:40 p.m. by Mayor Nagel. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 1999-2000 budget and announced that the Public Hearing will be held at 7:00 p.m., July 26, 1999. The combined funds for FY 99-00 total $19,353,871 with the proposed tax rate of $.65 per $100 of assessed valuation. This rate reflects a decrease of $.05 from the current fiscal year which is caused by the recent increase in assessments by the Jefferson County Appraisal District. Mr. Wimer reviewed the significant changes in the General Fund budget which include funds for the newly created Civil Service Department due to the recent election; $15,700 for replacement of the roof and repairs at the B. A. "Booty" Ritter Senior Citizen Center; "purchase" of a new 1500 GPM pumper for the Fire Department (no funds are budgeted in the proposed budget as it is anticipated that the truck will be ordered in mid FY 99-00 and typical delivery time is one (1) year); funds to replace light fixtures in City Hall, Police Station, and Fire Station; and, transfer of $130,000 of reserve funds to the Equipment Replacement Fund in order to increase fund balance. 182 Minutes continued, July 12, 1999 Mr. Wimer also reviewed the significant changes in the remaining funds. In the Water and Sewer Fund the Water and Sewer Certificate Fund has been created in order to fund principal and interest payments, as recommended by the City's auditor, as well as funding for SSES related projects will be reflected as a transfer to a project fund as work will span fiscal years. The Water and Sewer Fund also includes funding for infrastructure construction in areas annexed in 1997, and allocation of $148,637 of reserve funds for debt service requirements associated with the SRF monies. Capital Outlay Fund includes $67,500 to re -roof and renovate the Service Center; $32,500 to re -roof the D. Bob Henson Office Building; $150,000 for the rehabilitation of the Hardy Avenue elevated water storage tank; and, $175,000 for street improvements (General Fund has an additional $75,0000 for this purpose). Mr. Wimer stated that the Nederland Economic Development Corporation has a proposed budget of $3,694,134. Contributions from the cities of Nederland, Port Neches, and Groves for the MCML Central Dispatch Fund are based upon $.69 per capita, which is an increase of $.03. The MCML Solid Waste Fund has been eliminated as it is no longer necessary. Total debt service requirements for FY 99-00 is $2,401,434. With regard to personnel issued Mr. Wimer added that in addition to a three percent (3%) COLA, a part-time secretary position has been created in the Parks and Recreation Department. Mr. Wimer concluded by reporting that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Councilman Sawyer and seconded by, Councilman Daughtry to approve Resolution 1999-16, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 1999 and ending September 30, 2000, and calling for a Public Hearing to be held at 7:00 p.m., July 26, 1999 for the purpose of discussing the proposed budget as per Article VII of the City Charter. All Voted Aye. CAPITAL Andre' Wimer, City Manager, reviewed the proposed Five Year IMPROVEMENT Capital Program for the years 2000-2004 which identifies capital PROGRAM expenditures/projects totaling $15,354,047. He added that the CIP is intended to act as a guide for future capital expenditures and provide a framework for identifying capital requirements, scheduling projects, coordinating selected projects, and identifying fiscal impacts. Mr. Wimer reviewed each category of the CIP which included Water Treatment and Storage, Water Distribution System, Wastewater Treatment, Wastewater Collection System, Street Improvements, and Facility Improvements. 1 Minutes continued, July 12, 1999 EXECUTIVE SESSION 183 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reminded the Council that the new COMMENTS master meter for the recently acquired portion of Aqua Source will be installed next Monday, which will cause customers to be without service during the installation. Councilman Sawyer stated that he would like to see the City assist the Jefferson County Amateur Radio Club make some necessary repairs to the outside of the RSVP Building. Mr. Wimer stated that he will contact a representative of the club. ADJOURN There being no further business the meeting was adjourned at 5:30 p.m. by Mayor Nagel. ATTEST: o& OJT LaDonna Floyd, City Secretary City of Nederland, Texas • Homer E. Nagel, Mayor City of Nederland, Texas 184 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway 4 Mayor City Secretary Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager 1 PRESENT ABSENT 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-17 A RESOLUTION SUPPORTING BEAUMONT'S BID FOR LOCATION OF TIIE 2001 ANNUAL INSTITUTE OF THE ASSOCIATION OF MAYORS, COUNCILMEMBERS AND COMMISSIONERS WHEREAS, the City Council of the City of Nederland finds it to be in the best interest of the citizens of Nederland to support Beaumont in their bid for the location of the 2001 Annual Institute of the Association of Mayors, Councilmembers and Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: The facts and opinions in the preamble are true and correct. Section 2: The City of Nederland hereby authorizes the Mayor, Councilmembers and the City Manager to promote Beaumont's bid for location of the 2001 Annual Institute of the Association of Mayors, Councilmembers and Commissioners. PASSED ANDPPROVED by the City Council of the City of Nederland on this the /d. day of 1„ 0,G , 1999. I ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �,. /Rich and D. Hughes, City Corney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas _AO 185 186 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 FOR STOP SIGNS, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO FIVE HUNDRED DOLLARS ($500.00). WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices 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: 1. THAT, Ordinance No. 107, City of Nederland, Texas, is hereby amended by adding the following language: ARTICLE II. SECTION 19(12) - ONE-WAY STREETS A one-way street designation, with all traffic traveling south, shall be maintained on 17'" Street between Detroit Avenue and Atlanta Avenue during public school days held at Central Middle School. The one-way traffic shall be on each school day that school is in session for the students between the hours of 7:30 a.m. to 8:30 a.m. and 3:00 p.m. to 4:00 p.m. 2. PENALTY: THAT, any person who intentionally, knowingly, or recklessly violates any provision of this amended 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 $500.00 and the violation of each separate provision thereof shall be considered a separate offense, in accordance with the Nederland City Code, General Provisions, Sec. 1-4.(a); provided, however, said fine shall not exceed the maximum fine authorized by State law. 3. EFFECTIVE DATE: THAT this amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas on this the / day of 9 J,d , , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City S€cretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard Hughes, Cityttorney City of Nederland, Texas ORDINANCE NO. 1999-05 AN ORDINANCE WHICH ESTABLISHES COMPENSATION OF $10.00 PER MEETING ATTENDANCE FOR ALL CITY OF NEDERLAND BOARDS AND COMMISSIONS. WHEREAS, the City Council of the City of Nederland is of the opinion that members of Boards and Commissions should be compensated for meeting attendance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT each member of the Planning and Zoning Commission, Zoning Board of Appeals, Construction Board of Appeals, and the Civil Service Commission shall be paid at the rate of $10.00 for each regularly called meeting attended as an expense account to cover expenses incurred in connection with the discharge of his or her duties. PASSED AND APPROVE4 BY THE CITY COUNCIL of the City of Nederland, Texas on this the /el day of r CA), , 1999. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att(p}ney City of Nederland, Texas 1 Homer E. Nagel, Mayor V City of Nederland, Texas 187 188 RESOLUTION 1999-16 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, 1999 AND ENDING SEPTEMBER 30, 2000. 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, 1999 and ending September 30, 2000; 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 7:00 p.m., July 26, 1999, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED by the City Council at its regular meeting this the 12' day of July, A.D., 1999. ATTEST: , !'1 .11 LaDonna Floyd, City Sectetary City of Nederland, Texas APPVED AS TO FORM AND LEGALITY: 'chard D. Hughes ity Attorney City of Nederland, exas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 26, 1999 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 Radcliff to approve the minutes of the July 12, 1999 meeting as written. All Voted Aye. PROCLAMATION Mayor Nagel presented a Proclamation to Greg Powell and Tim Sheffield of Southern Union Gas declaring July 21, 1999 as "Southern Union Gas Day" in Nederland, Texas. Mr. Powell, on behalf of Southern Union Gas, thanked the Council for the proclamation in celebration of their 50 years of service. He added that they appreciate the working relationship between Southern Union Gas and the City. Mr. Sheffield presented the Mayor and Council with a commemorative desk clock. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve a Proclamation declaring July 21, 1999 as "Southern Union Gas Day" in Nederland, Texas. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:08 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments relative to the proposed Sexually Oriented Business ordinance. Richard Hughes, City Attorney, presented the Council with a draft of the S.O.B. ordinance and stated that the ordinance attempts to regulate these types of businesses through a licensing process. Mr. Hughes reviewed the licensing procedures relative to owners and employees. The ordinance stipulates that a business could not 189 190 Minutes continued, July 26, 1999 locate within 1,000 feet of a child care facility, school, dwelling, hospital, public park, or church or place of religious worship. Darrell Bush, Nederland Police Department, stated that he investigated statistical data in areas where sexually oriented businesses are located. He received data from Phoenix, AZ; Garden Grove, CA; Los Angeles, CA; Indianapolis, IN; Cleveland, OH; Oklahoma City, OK Amarillo, TX; Seattle, WA; and, Beaumont, TX. All of the studies performed by these cities showed an increase in crime rates, as well as decreased property values. Rod Hatch, Building Official, reported on geographical data to determine the number of locations available if the proposed ordinance is approved. Mr. Hatch stated that if the 1,000 feet distance is approved there would be 2-4 locations available for sexually oriented businesses. If the distance requirements were lowered to 750 feet there would be 1-2 additional locations available, but if the distance were increased to 1,500 feet then only 1-2 locations would be available. Anything beyond 1,500 feet would totally ban these businesses from locating in Nederland. Mayor Nagel explained that the City has not been contacted by anyone wanting to locate a sexually oriented business in Nederland. The City is wanting to have an ordinance in place in the event that we are contacted by one. RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:41 p.m. by Mayor Nagel. STREETS WATER LINE A motion was made by Councilman Sawyer and seconded by Mayor Nagel to postpone action regarding Nederland Avenue. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to postpone action regarding the water line on Patillo Road. All Voted Aye. 1 1 1 1 1 1 Minutes continued, July 26, 1999 RESOLUTION A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to approve Resolution 1999-17, authorizing submission of a project for ISTEA funding to the Texas Department of Transportation. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 7:00 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding the proposed City of Nederland Fiscal Year 1999-2000 budget. Andre' Wimer, City Manager, briefly reviewed the proposed Capital Improvement Program for the next five years. Andre' Wimer, City Manager, briefly reviewed the proposed budget. He stated that the total of all funds is $19,353,871. Mr. Wimer highlighted the significant changes in expenditures and revenues. He added that the budget has a proposed tax rate of $.65, adding that we should receive the certified tax roll from the Jefferson County Appraisal District within the next few days. Mr. Wimer stated that if the tax rate is set at $.66, as suggested by Mayor Nagel at the previous meeting in order to set aside the additional $.01 for the street program, revenues would increase by approximately $50,000. Mayor Nagel stated that he would like to see the additional $50,000 earmarked for the street program. It appeared that the Council was agreeable to this proposition by the Mayor. Mayor Nagel also stated that the City has agreed to fund the employee insurance increase so that the employees contribution will not be increased. Mayor Nagel addressed the Council relative to the proposed increase in the Assistant to the City Manager's salary. The proposed budget reflects an increase of six pay grades (116 to 122) and he is of the opinion that this is too many and suggested that the salary be increased to 119 pay grade. Lisa Hopkins, 3208 Calloway, asked the Council questions regarding the pay increase for the Assistant to the City Manager. She asked if this position was upgraded to 119 at what step would it be placed. Mayor Nagel responded that it would begin at Step 4. 9-i 192 Minutes continued, July 26, 1999 Councilman Daughtry stated that when he ran for Council this position was one of much debate as to whether it was even needed in a town of this size, and it was eventually decided that due to personnel it was needed. When the person who previously held this position left the City it was decided that the pay was too much and was re-evaluated. He asked what has so drastically changed to warrant such a large increase at one time. Mr. Wimer stated that when the salary survey was conducted by David M. Griffith & Associates the pay grade of the Assistant to the City Manager was rated at 122 and he was placing it back at that original level. He added that the position of Civil Service Director is being added as part of the duties. Mrs. Hopkins asked for a job description. Mr. Wimer read the description as outlined in the Wage and Salary Classification Plan. Mayor Nagel suggested that the City consider having another study performed. Mr. Wimer agreed that this is something that needs to be done. Mrs. Hopkins asked why the City has not done a service credit update for its employees retirement since 1984 and she feels this is something that is way overdue. Mayor Nagel stated that he agreed with her and only recently realized that it had been 15 years since this was last done. Mr. Wimer added that this is being looked into, as well as 10 year vesting and earlier retirement eligibility. Mrs. Hopkins also inquired as to why the City cannot pay health insurance for its retirees. Mayor Nagel answered that the main reason is money. Mayor Nagel added that he feels that there will be changes made in the retirement, whether it be updated service credit, vesting, or retirement eligibility. He stated that depending on the costs involved the changes may have to be done over a period of three years. Mayor Nagel polled the Council relative to his suggestion of changing the pay grade of the Assistant to the City Manager from 116 to 119 instead of the proposed 122. Councilmen Sawyer and Radcliff agreed, with Councilman Daughtry stating that he was still not sure but would agree, and Councilman Nugent stating that he did not agree with it. 1 1 1 193 Minutes continued, July 26, 1999 RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 8:12 p.m. by Mayor Nagel. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a contract for inspection of water and sewer lines east of Hwy. 69 with Schaumburg & Polk, Inc. in an amount not to exceed $8,000.00. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone approving a contract for engineering services for the Fire Station. All Voted Aye. FINANCE Cheryl Dowden, City Treasurer, reviewed the Quarterly Investment Report for the period ending June 30, 1999. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to accept the Investment Report as presented by Cheryl Dowden, City Treasurer. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. as follows: $1,632.31, 1998-1999 wastewater system rehabilitation; $3,230.07, Wagner Addition collection system improvements; $10,788.50, wastewater system improvements; $2,554.34, east annexation area surveying work; and, $165.00, standby generator study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Norman Highway Constructors, Inc. in the amount of $36,434.25, Wagner Addition wastewater collection improvements. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Don S. Reichle & Associates in the amount of $12,080.00, Phase I, detailed inspection of the Hardy Avenue elevated storage tank. All Voted Aye. 1 194 Minutes continued, July 26, 1999 EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the master meter for COMMENTS the Aqua Source system was successfully relocated. He added that later this week there may be some disruption of service for those customers near Canal Avenue and 27th Street. ADJOURN There being no further business the meeting was adjourned at 8:30 p.m. by Mayor Nagel. ATTEST: o 4L LaDonna Floyd, City Secretary City of Nederland, Texas o 0 Homer E. Nagel, Mayor City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway `Mayor v TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager City ecretary - cAs.�� Date 195 PRESENT 1 ABSENT 1 196 CITY OF NEDERLAND RESOLUTION 1999-17 A RESOLUTION AUTHORIZING THE SUBMISSION OF A PROPOSED PROJECT BY THE CITY OF NEDERLAND TO THE TEXAS DEPARTMENT OF TRANSPORTATION'S STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM; IDENTIFYING THE PROJECT AS THE BOSTON AVENUE LANDSCAPING AND BEAUTIFICATION PROJECT; AND DECLARING THE SUPPORT OF THE CITY COUNCIL OF THE CITY OF NEDERLAND FOR THIS PROJECT. WIIEREAS, the Texas Department of Transportation administers the Statewide Transportation Enhancement Program; and WHEREAS, the Texas Department of Transportation has requested the submission candidate enhancement projects; and WHEREAS, the City of Nederland has discussed this program and held a Public Hearing regarding a proposed project; and WIIEREAS, the City of Nederland wishes to submit a project involving Boston Avenue in Nederland, Texas. NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF NEDERLAND, TEXAS: 1. TI -IAT the City Council of the City of Nederland authorizes the submission of a proposed project to the Texas Department of Transportation's Statewide Transportation Enhancement Program. 2. TIIAT the proposed project will include landscaping and scenic beautification of Boston Avenue in Nederland, Texas. 3. THAT the proposed project will be entitled "The Boston Avenue Landscaping and Beautification Project." 4. THAT the City Council supports this proposed project and that the City of Nederland commits to provide its share, as identified by the Statewide Transportation Enhancement Project guidelines, of funding. PASSED AND APPROVED by the City Council of the City of Nederland this the J (o dayofjti G,6. , 1999. 220 .1 ) Homer E. Nagel, Mayor v City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichi � bi ard D. Hughes, City ttomey City of Nederland, Texas City of Nederland 197 Homer E Nagel, P, Mike Radcliff, Mayor Pr( Robert Sawyer. Counc Joe Daughtry, Counc R.A. 'Dick" Nugent, Counc Andre Wimer, City Mar P.O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723 - Investment Report For the Quarter Ending June 30, 1999 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 Andre' Wimer, City Manager Cheryl D6wden, City Treasurer "Programmed for Progress" 198 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Police Narcotics Fund SRF Fund MCML Dispatch Equipment Replacement Fund Economic Development Fund Parks & Recreation Special Fund Bond Redemption Fund City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 1999 Balance @ Balance @ 4-1-99 Purchases Maturities 6-30-99 3,517,094.18 3,425,771.23 3,532,000.00 3,410,865.41 95,405.94 979.06 5,350.00 91,035.00 2,190,615.26 920,857.32 932,000.00 2,179,472.58 8,600.25 104.28 8,704.53 81,579.17 981.44 1,000.00 81,560.61 1,077,684.33 406,982.50 944,000.00 540,666.83 67,887.75 40,580.72 40,000.00 68,468.47 8, 707, 007.34 15,756,070.91 13, 022, 952.00 11,440,126.25 21,990.43 266.67 22,257.10 203,719.99 200,045.11 400,000.00 3,765.10 2,150,000.00 2,650,000.00 2,550,000.00 2,250,000.00 6,100.98 64.69 2,000.00 4,165.67 99,440.68 101,205.88 200,646.56 18,227,126.30 23,503,909.81 21,429,302.00 20,301,734.11' Fund Allocation at June 30, 1999 (0.4%) Solid Waste Fund (10.7%) Water & Sewer Fund (1.0%) Bond Redemption Fund (16.8%) General Fund (56.4%) SRF Fund (1.0%) Other (11.1%) Economic Development Fund (2.7%) t:apchalip8My gaiement Fund 1 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 1999 199 Investments at Beginning of Period (4-1-99) $18,227,126.30 Purchases 23,503,909.81 Maturities 21,429,302.00 Investments at End of Period (6-30-99) $20,301,734.11 Maturity Summary at June 30, 1999 1 o Less than 3 months 0 3 to 6 months • 9 to 12 months 200 City of Nederland Investment Report Schedule Investments for the Quarter ended June 30, 1999 CERTIFICATES OF DEPOSIT Certificate Number Interest Earned for Purchase Maturity Days to Interest Quarter ended Date Date be held Rate Face Amount June 30, 1999 Maturing during quarter ended June 30, 1999 97435 02/11/99 04/12/99 60 4.3500% 150,000.00 214.52 7550251 03/12/99 04/13/99 32 4.5800% 2,700,000.00 4404.33 97472 03/16/99 04/17/99 32' 4.4200% 800,000.00 1646.9 97412 01/25/99 04/25/99 90 4.3200% 1,000,000.00 2958.9 97489 03/26/99 04/27/99 32 4.6700% 1,000,000.00 3454.52 97487 03/26/99 04/27/99 32 4.6700% 20,000.00 69.09 97488 03/26/99 04/27/99 32 4.6700% 200,000.00 690.9 97490 03/29/99 04/30/99 32 4.4500% 500,000.00 1828.77 97492 03/29/99 04/30/99 32 4.4500% 400,000.00 1463.01 97494 03/29/99 04/30/99 32 4.4500% 250,000.00 914.38 97491 03/29/99 04/30/99 32 4.4500% 200,000.00 731.51 97508 04/12/99 05/14/99 32 4.3200% 150,000.00 568.17 7844860 04/13/99 05/14/99 31 4.2300% 2,700,000.00 9,699.99 97515 04/17/99 05/19/99 32 4.1900% 800,000.00 2,938.74 97533 04/30/99 06/01/99 32 4.3000% 500,000.00 1,884.93 97534 04/30/99 06/01/99 32 4.3000% 200,000.00 753.97 97535 04/30/99 06/01/99 32 4.3000% 400,000.00 1,571.75 97536 04/30/99 06/01/99 32 4.3000% 250,000.00 942.47 7844860 05/14/99 06/15/99 32 4.3500% 2,700,000.00 10,296.99 97543 05/14/99 06/15/99 32 4.3200% 150,000.00 568.11 97548 05/19/99 06/20/99 32 4.2600% 800,000.00 2,987.84 97523 04/27/99 06/26/99 60 4.2800% 20,000.00 140.71 97525 04/27/99 06/26/99 60 4.2800% 100,000.00 703.56 97524 04/27/99 06/26/99 60 4.2800% 200,000.00 1,407.12 Interest Earnings on Matured CDs for quarter ended June 30, 1999 52,841.18 Held at June 30, 1999 97555 06/01/99 07/03/99 32 4.1500% 500,000.00 1,648.63 97556 06/01/99 07/03/99 32 4.1500% 250,000.00 824.32 97562 06/15/99 07/17/99 32 3.9100% 150,000.00 241.03 8425929 06/17/99 07/19/99 32 4.3100% 2,700,000.00 4,144.68 97520 04/26/99 07/25/99 90 4.3000% 1,000,000.00 7,657.53 97521 04/27/99 07/26/99 90 4.3400% 1,000,000.00 7,609.86 97437 02/11/99 08/10/99 180 4.3600% 10,000.00 108.70 97526 04/27/99 08/15/99 110 4.3600% 100,000.00 764.49 97569 06/21/99 08/20/99 60 4.3700% 800,000.00 862.03 97576 06/26/99 08/25/99 60 4.3200% 100,000.00 47.34 97577 06/26/99 08/25/99 60 4.3200% 200,000.00 94.68 97579 06/26/99 08/25/99 60 4.3200% 20,000.00 9.47 97558 06/04/99 11/11/99 160 4.6900% 2,790,000.00 9,320.89 Interest Earnings on CDs held at June 30, 1999 33,333.65 Total Certificates of Deposit held at June 30, 1999 S9.620.000.00 201 City of Nederland Investment Report Schedule Investments for the Quarter ended June 30, 1999 INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 04/01/99 06/30/99 1 4.844% 2,085,094.18 25,771.23 2,110,865.4 Water & Sewer 04/01/99 06/30/99 1 4.844% 1,708,615.26 20,857.32 1,729,472.5, Parks & Rec. Fund 04/01/99 06/30/99 1 4.844% 4,100.98 64.69 4,165.6 Bond Redemp. 04/01/99 06/30/99 1 4.844% 99,440.68 1,205.88 100,646.5( Capital Outlay Fund 04/01/99 06/30/99 1, 4.844% 533,684.33 6,982.50 540,666.8. Motel Occupancy 04/01/99 06/30/99 1 4.844% 8,600.25 104.28 8,704.5: Library Special 04/01/99 06/30/99 1 4.844% 80,055.94 979.06 81,035.0( Solid Waste Fund 04/01/99 06/30/99 1 4.844% 80,579.17 981.44 81,560.6 SRF Construction Fund 04/01/99 06/30/99 1 4.844% 1,083,660.09 13,230.78 1,096,890.8" MCML Dispatch 04/01/99 06/30/99 1 4.844% 21,990.43 266.67 22,257.1( Equipment Replacement Fund 04/01/99 06/30/99 1 4.844% 3,719.99 45.11 3,765.1( Police Narcotic Fund 04/01/99 06/30/99 1 4.844% 47,887.75 580.72 48,468.4 Totals for TEXPOOL Investments $5,757,429.05 $71,069.68 $5,828,498.7. 202 City of Nederland Investment Report Schedule Investments for the Quarter ended June 30, 1999 GOVERNMENT SECURITIES Federal Home Loan Discount Note Maturities Holding Period 12/10/98 04/09/99 02/10/99 05/07/99 Average Days Interest Principal Held Rate Invested 120 4.956% 983,966.67 86 4.752% 1,384,498.50 2,368,465.17 Federal Home Loan Discount Notes held at June 30, 1999 Holding Period 04/01/99 04/09/99 05/10/99 07/02/99 08/24/99 09/24/99 Average Days to Interest Principal Maturity Rate Invested 92 4.771% 2,396,182.92 137 4.800% 999,985.64 137 4.800% 1,399,783.44 4,795,952.00 U.S. Treasury Money Market 04/01/99 06/30/99 1 4.263% 8,185.25 Government Securities Held at June 30, 1999 1 Interest Interest Earned in Earned Prior Quarter Ended Market Periods June 30, 1999 Principal 14,963.33 1,070.00 1,000,000.00 8,781.50 6,720.00 1,400,000.00 23,744.83 7,790.00 2,400,000.00 Interest Interest Earned in Earned Prior Quarter Ended Periods June 30, 1999 28,477.58 10,257.20 8,059.56 0.00 46,794.34 2,303.79 Market Principal 2,424,660.50 1,010,242.84 1,407,84 4,842,74 10,489.04 84,853,235.38 1 1 City of Nederland Investment Report Schedule June 30, 1999 Interest Earnings for Quarter Ended June 30, 1999 203 Bond Redemption Fund 1,970.37 Capital Outlay 10,017.26 Equipment Replacement Funds 1,530.59 General Fund 39,569.07 Library Fund 1,087.76 MCML Dispatch 266.67 Motel Occupancy Tax Fund 104.28 Nederland Economic Development 24,023.54 Parks & Recreation Special Fund 64.69 Police Narcotic Account 799.99 Solid Waste Fund 981.44 1996 SRF Fund 105,682.00 Water Fund 25,731.19 $211,828.85 204 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 9, 1999 MEETING The meeting was called to order at 3:00 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 Mayor Nagel to approve the minutes of the July 26, 1999 meeting as written. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a contract with Sigma Engineers, Inc., Beaumont, TX, for engineering services for the Fire Station in an amount not to exceed $8,992.00. All Voted Aye. Many residents of Avenue G were present to address the Council relative to their dissatisfaction of the road repairs between 27th Street and 33'd Street. Andre' Wimer, City Manager, explained that the road has once again begun to bleed oil. He added that Norman Highway Constructors has been contacted regarding the problems. Mr. Wimer stated that staff is considering the best alternative to make necessary repairs, either bo -mag or hot mix, however, the base does not appear to be stable enough to support hot mix. He feels the bo -mag would be the best alternative. Gary Graham, Schaumburg & Polk, Inc., reported that Norman Highway Constructors is still of the opinion that they met or exceeded the specifications and are not liable for the condition of the road. Mr. Graham recommended that the City take necessary actions to repair the road by using City staff or by taking bids. The residents presented a petition to the Council asking that the Avenue G be repaired as soon as possible. They stated that they have been dealing with this for over nine months. 1 1 1 Minutes continued, August 9, 1999 1 1 REQUEST 1 205 Mayor Nagel informed the residents that the Council can take no formal action because this item was not posted on the agenda as required by State law. He added that the City is not pleased with the condition of Avenue G and they can be assured that the road will be repaired. Mayor Nagel asked the City Manager to place this item on the next agenda and to present the Council with cost estimates for bo -mag and hot mix. The City Manager explained that the next item on the agenda is regarding the contract that was recently awarded to Norman Highway Constructors for construction of water and sewer lines east of Highway 69. He added that he contacted Norman Highway informing that the possibility of rescinding the contract would be discussed at this meeting, but no representative was present. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the City Manager and City Attorney to meet with Norman Highway Constructors regarding the contract for water and sewer line construction east of Highway 69 due to no representation of Norman Highway at this meeting. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to postpone awarding a contract for construction of water and sewer lines east of Highway 69. All Voted Aye. Earl Hamilton, owner of property located at 3211 Canal Avenue, addressed the Council relative to grass liens on the property. He stated that he has a clear title issued by Neches Title Company in 1983 stating that there were no liens on this property. He recently discovered there were ten liens from the late 1970's and early 1980's that were supposed to have been cleared at the time he purchased the property. Mayor Nagel stated that after some investigation of the matter by the City Secretary he is of the opinion that this was probably an error by the City. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to waive the fees and have the liens released on the property described as Lot 6, Block 17, Range I, Port Arthur Land Company. All Voted Aye. 206 Minutes continued, August 9, 1999 STREETS WATER LINE A motion was made by Councilman Daughtry and seconded by Mayor Nagel to authorize the City Attorney to contact the Texas Department of Transportation regarding Nederland Avenue asking them if the project is complete and, if so, the City will initiate further action. Councilman Daughtry withdrew his motion and made a motion, seconded by Mayor Nagel, to postpone action on Nederland Avenue. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone action regarding the water line on Patillo Road. All Voted Aye. ORDINANCE A motion was made by Councilman Nugent and seconded by Mayor Nagel to postpone action regarding the proposed ordinance governing sexually oriented businesses. All Voted Aye. DEVELOPMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve changes to the construction plans of Airport Plaza Subdivision (see attached) contingent upon all issues being resolved prior to final approval of the subdivision plans, and if not then a time frame will be set for resolution of the issues. All Voted Aye. AUDIT A motion was made by Councilman Sawyer and seconded by Councilman Nugent to appoint Holliday, Lemons & Cox, P.C., Texarkana, TX, to perform the City's audit for fiscal 1998-1999 in an amount not to exceed $24,500.00. All Voted Aye. CAPITAL A motion was made by Mayor Nagel and seconded by Councilman IMPROVEMENT Nugent to approve the Five Year Capital Improvement Program. PROGRAM All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1999-06, an appropriation ordinance adopting a budget in accordance with Article VII in the City Charter of the City of Nederland. All Voted Aye. 1 1 1 Minutes continued, August 9, 1999 TAXATION 207 A motion was made by Councilman Nugent and seconded by Councilman Radcliff to propose a tax rate of $.65/$100 valuation and set a Public Hearing on the tax rate for Monday, August 23, 1999 at 6:00 p.m. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman SEWER Sawyer to approve Ordinance No. 1999-07, water and sewer rates. All Voted Aye. PAYMENTS EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Councilman Radcliff to authorize payment of the bills for the month of July. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the grant application COMMENTS for the Boston Avenue Landscaping and Beautification project has been submitted to the Texas Department of Transportation. He also stated that last week the Steering Committee met to discuss the recent "rolling brown outs" by Entergy/Gulf States, and City staff will be meeting with local Entergy representatives to discuss critical areas that can hopefully not be affected by these in the future. ADJOURN There being no further business the meeting was adjourned at 5:10 p.m. by Mayor Nagel. Homer E. Nagel, Mayor '— City of Nederland, Texas ATTEST: ' /3"lvv.6 _ CTh a Lalonna Floyd, City Secretary City of Nederland, Texas 208 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager City Secretary X--9.9ci Date PRESENT t/ ter - ABSENT 1 1 1 209 ORDINANCE NO. 1999-06 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1, 1999 avid ending September 30, 2000. 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 26, 1999, a date not less than 3 days nor more than 14 days after notice of the hearing was duly published, said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Five million, nine hundred eighty-seven thousand, three hundred sixty-four dollars and no cents ($5,987,364.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 15,300 b. Legal 42,000 c. City Manager 291,692 d. Finance 220,709 e. Personnel 169,715 f. City Hall 58,760 g. Police 1,760,022 h. Police -Prisoner Extra Help 20,347 i. Fire 990,412 j. Fire Volunteers 16,000 k. Inspections 127,586 1. Public Works Administration 169,398 m. Street Department 774,023 n. City Shop 166,822 o. Parks & Recreation 416,262 p. Library 304,835 q. Other Requirements 443,481 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred eighty-six thousand, eight hundred twenty-one dollars and no cents ($1,586,821.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. AK 210 Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Four million, eight hundred sixty-one thousand, six hundred thirty-seven dollars and no cents ($4,861,637.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $ 870,890 b. Billing/Collections 283,208 c. Wastewater Treatment 601,509 d. Water & Sewer Distribution 779,706 e. Annexation -West 1,060,000 f. Annexation -East 80,000 g. Other Requirements 1,186,324 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Eight hundred fourteen thousand, six hundred thirteen dollars and no cents ($814,613.00) to the Mid -County Municipal League Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of One million, eight thousand, four hundred eighty dollars and no cents ($1,008,480.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6 - EOUIPMENT REPLACEMENT FUND -GENERAL. That there be and is hereby appropriated the sum of One hundred fifty-nine thousand, two hundred twenty-five dollars and no cents ($159,225.00) to the Equipment Replacement Fund -General for the payment of necessary capital outlay. Section 7 - EOUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Seventy-three thousand dollars and no cents ($73,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - EOUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred thousand dollars and no cents ($100,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 9 - CAPITAL OUTLAY FUND. That there be and is hereby appropriated the sum of Four hundred fifty-five thousand dollars and no cents ($455,000.00) to the Capital Outlay Fund for the payment of necessary capital outlay. Section 10 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Thirty-seven thousand dollars and no cents ($37,000.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 11 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Twenty-nine thousand, six hundred dollars and no cents ($29,600.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of Three million, six hundred ninety-four thousand, one hundred thirty-four dollars and no cents ($3,694,134.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 13 - HOTEUMOTEL FUND. That there be and is hereby appropriated the sum of Seventy- two thousand, two hundred dollars and no cents ($72,200.00) to the Hotel/Motel Fund for the payment of operating expenses. 211 Section 14 - 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 15 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Seventy thousand, two hundred dollars and no cents ($70,200.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 16 - MID -COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Three hundred seventy-nine thousand, five hundred ninety-seven dollars and no cents ($379,597.00) to the Mid -County Municipal League Dispatching 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, 1999 and ending September 30, 2000. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1999, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1999 and ending September 30, 2000, 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 91h DAY OF AUGUST, A.D., 1999. /homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED ASC TO FORM AND LEGALITY: LA Richard D. Hughes, City At mey City of Nederland, Texas 212 CITY OF NEDERLAND ORDINANCE NO. 1999-07 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, 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. 1998-06. 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 Regulations. 1. 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 accordancc 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; f) 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 1 SECTION 4. Installation of Service. 1. 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 (I) 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/Taos. 1. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and mctcrs. 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: 3/4" Water Tap 1" Water Tap 1 %i' Water Tap 2" Water Tap Over 2" Water Tap Inside Outside City City $ 240.00 300.00 800.00 $ 360.00 450.00 1,200.00 1,200.00 1,800.00 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/Tans. 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. 213 214 4. The sewer connection fees are as follows: 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap Inside Outside City City $200.00 300.00 400.00 SECTION 7. Water Meter and Garbage Container Denosits. $300.00 450.00 600.00 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: 3/4" and smaller Water Meter 1" Water Meter 1''/" Water Meter 1 3/4" Water Meter 2" and larger Water Meter Inside Outside City City $ 100.00 150.00 200.00 250.00 300.00 $ 100.00 150.00 200.00 250.00 300.00 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. Annlication 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. 1. 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 full 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 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 215 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* 2.15 3.20 Sewer Line Maintenance per 1,000 gallons .25 .25 *Except as required by -provisions of outside City contracts SECTION 12. Garbage 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 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. If payment is not received by the sixteenth (16111) 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. Delinauencv - Termination of Service. 1. 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 currcnt 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. 216 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. 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 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 cashiers 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 Fee. 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 Check Fees. 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 of the customer, re -run the check. If the 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 financial institution error, the financial institution shall submit written verification of such error. In 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 of twelve (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. Temoorary Service. I. 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. 1 1 1 1 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquency accounts. SECTION 20. Deferred Payments. 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 of water shall only be made if the 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. 217 218 SECTION 23. Trash Removal Rates. I. 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 of trash 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 October 4. 1999 . PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the day of ,4.n,t 19 . ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Z4ZAC> Richard D. Hughes, City'Attomey City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 1 6:00 p.m. MEETING QUORUM MINUTES 219 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 23, 1999 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. See attached. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve the minutes of the August 9, 1999 meeting as written. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding the proposed tax rate of $.65 per $100 valuation for the fiscal year beginning October 1, 1999 and ending September 30, 2000. STREETS WATER LINE Andre' Wimer, City Manager, stated that a notice of this Public Hearing was published in the local newspaper as required by state statutes. He added that the decrease in the tax rate is due to the increase in property valuations. In order to remain below the roll -back rate the proposed tax rate was reduced by $.05. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:02 p.m. by Mayor Nagel. A motion was made by Mayor Nagel and seconded by Councilman Nugent calling for a Special Meeting to be held August 30, 1999 at 8:00 a.m. to adopt the tax rate for the fiscal year beginning October 1, 1999 and ending September 30, 2000. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to postpone action regarding Nederland Avenue. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to postpone action regarding the water line on Patiflo Road. All Voted Aye. 220 Minutes continued, August 23, 1999 CITY SERVICES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. All Voted Aye. STREETS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the closure of 20' Street from Nederland Avenue to Avenue B, and Avenue A from 20`h Street to 2151 Street, on September 1 2, 1999 from 1:00-7:00 p.m., for First Baptist Church activities. AH Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1999-08, regulating sexually oriented businesses, and to include as exhibits the studies on sexually oriented businesses performed by Detective Darrell Bush, Nederland Police Department; Rod Hatch, Nederland Building Official; and, Terrence S. Welch of the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniels, Dallas, TX. All Voted Aye. BUDGET A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve amendments (see attached) to the 1998-1999 budget. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Nugent to approve a contract with Schaumburg & Polk, Inc. for engineering services for year two of the Sanitary Sewer Evaluation Survey project. All Voted Aye. BIDS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to rescind a contract and bid with Norman Highway Constructors, Inc. for construction of water and sewer lines east of Hwy. 69 pursuant to their agreement as evidenced by Norman Highway Constructors, Inc. signature. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award a contract for construction of water and sewer lines east of Hwy. 69 to Excavators & Constructors, Inc., Beaumont, TX, in the amount of $151,250.84, contingent upon the contract with Norman Highway Constructors, Inc. being rescinded. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone authorizing the advertisement of bids for street work on Avenue G. All Voted Aye. 1 1 1 1 1 1 Minutes continued, August 23, 1999 PAYMENTS ORDINANCE EXECUTIVE SESSION 221 A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action authorizing asphalt overlay work on Avenue G and instruct the City Manager to place this item on the agenda of the Special Meeting of August 30, 1999, at 8:00 a.m. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. as follows: $28,140.51, wastewater system improvements; $1,626.25, wastewater system rehabilitation; $3,452.02, Wagner Addition improvements; and $4,499.18, water and sewer improvements in west annexation area. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Brammer Construction, Inc. in the amount of $28,756.50, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Norman Highway Constructors, Inc. in the amount of $36,518.40, Wagner Addition wastewater collection improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to set an effective date of September 9, 1999 for Ordinance No. 1999-08, regulating sexually oriented businesses, approved earlier in this meeting. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, informed the Council that he received COMMENTS correspondence from the Jefferson County Appraisal District asking for nominations for the Board of Directors. The terms of the current Board members expire December 31, 1999. Mr. Wimer stated that the library staff has asked about the possibility of some landscaping in front of the library. He added that the design which was presented would require some cutting of the new parking lot in order to provide electricity and water to the plants. He asked the Council to advise him of their thoughts on the matter and if they should desire this type of landscaping it will be included in a grant application to the Hebert Foundation. Councilman Daughtry asked the City Manager to contact the Texas Department of Transportation regarding the number of accidents at the frontage road on Hwy. 69 near the Beauxart Garden Road exit. The 22 Minutes continued, August 23, 1999 sign indicating the exit should be moved farther away from the small frontage road exit because it is confusing to drivers. When they see the sign they think that they have passed the exit and make a sharp, sudden turn. ADJOURN There being no further business the meeting was adjourned at 7:25 p.m. by Mayor Nagel. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: '11 fl fns LaDonna Floyd, City Secretary City of Nederland, Texas 1 1 1 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway � c �% Mayor City Secretary g a.3-99 Date TITLE PRESENT ABSENT Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager 223 224 BUDGET AMENDMENT REQUEST FUND: MCML DEPARTMENT: Dispatch Increase the following account(s): Amount:, 6743 Furniture, fixtures and office equipment $1,100.00 Decrease the following account(s): Amount: 6333 Training and Travel $1,100.00 Justification for amendment with course of action if amendment is not approved: Unexpected budget costs to cover new facsimile machine. Department Head Requesting Amendment: Funds Available: Approved: /9-17 Date it�ger Date" City Treasurer Date Approved by Council: Date 1 1 1998-1 999 BUDGET AMENDMENT REQUEST No. 1 Fund Water Department 50 63-00 Water at Sewer Distribution ncrease the following account(s): Amount i0 63-00 6247 Water to Sewer Mains ;0 63-00 6258 Motor Vehicle Supplies i0 63-00 6270 FQpjpment Maintenance ez Repair ;O 63-00 6368 Uniform Rental i0 63-00 6749 Fire Hydrants ;ub — total )ecrease the following account(s) ;0 63-00 6755 Water Distribution lines ;0 63.00 6760 Water Taps i0 63-00 6761 Sewer Taps ub — total ustification for amendment with course of action if not approved: ine Items are adjusted to actual expenditures. >eparcme((fL/ Head Requesting Amendment unds Available: 53,000.00 53,000.00 11,000.00 S i ,000.00 5230.00 58,230.00 Amount 54,130.00 51,600.00 52,500.00 58,230.00 Approved: 6--/8.5' Date City Manager Date 72-CA4.tt .Cf✓ ,.., :Ity Trealurer - Date Approved by Council: Dace 1998-1999 BUDGET AMENDMENT REQUEST No. 1 Fund Solid Waste Department 52 33-00 Solid Waste Increase the following account(s): Amour. 52 33-00 6258 Motor Vehicle Supy)ies 52 33-00 6343 Insurance Motor Equipment Sub -total $8,000.00 5565.00 58,565.00 Decrease the following accounc(s) Amnon 52 33-00 6222 Motor Vehicle Fuel 52 33-00 6333 Training & Travel 52 33-00 6341 Insurance General 52 33-00 6355 Vehicle hl Equipment R tx M Sub -total Justification for amendment with course of action if not approved: Balance line items. Depart 'ent Head Requesting Amendment Approved: Funds Available: City Treasurer „-1r� 8.8 G'f Date Date dry Manager Approved by Council: 54,000.00 5200.00 51,282.00 53,083.00 58,565.00 Date 1998-1999 BUDGET AMENDMENT REQUEST No. 1 and Water Department 50 60-00 Water Treatment icrease the following account(s): 0 60-00 6222 0 60-00 6258 0 60-00 6265 0 60-00 6,343 0 60-00 6351 0 60-00 6355 ub — total Motor Vehicle net Motor Vehicle Supplies Supplies/ Minor Tools & Equipment Ilsurance Motor kppioment Fixed Plant & Equipment Reppir & Maintenance Vehicle & Equipment R & M .ecrease the following account(s) 0 60-00 61 1 1 Overtime 0 60.00 6341 Insurance General 0 60.00 6366 Rental Equipment ub — total istificatlon for amendment with course of action if not approved: lost Line Items are for adlustment to actual expenditures. epartme t Head Requesting Amendment //iv 8-/B Date 5400.00 5150.00 51,650.00 5266.00 55,000.00 $2,363.00 59,829.00 Amount 54,395.00 54,634.00 5800.00 59,829.00 Approved: Cary Manager Date ands Available: Approved by Council: iry Treasurer Date Date 1998-1999 BUDGET AMENDMENT REQUEST No. 1 Fund General Department 01 31.00 Street Department Increase the following account(s): 01 31-00.6111 01 il-0062,30 01 SI -006131 01 31-00 6265 01 31.00 6274 01 31.00 6333 01 31.00 4343 01 31.00 6348 01 31.00 6349 01 31.00 6742 Sub — total Mvertlme iscellaneous Supplies Wearinkiwarel Sqpplies/ Minor Tools & Equipment Safety Eouiu hent Training & Travel Insurance Motor Equipment Electrics(v Natural Gas Motor Vehicles Decrease the following account(s) 01 31.90 6222 01 31-60 6246 01 31.00 6341 01 31.00 6354 01 31-00 6357 01 31.00 6407 Sub — total Motor Vehicle Fuel Street & bridge Supplies Insurance General Traffic Lights Street Singing Driveway Program Justification for amendment with course of action if not approved: Amour $ 5,000.00 512.00 $750.00 500.00 $800.00 5300.00 5607.00 57.00 5138.00 53,125.00 $22,239.00 Amoun 54 000.00 $6,139.00 51,600.00 55,000.00 $5,000.00 $500.00 $22,239.00 Most line Items are for adlustment to actual expenditures. The primary unbudgeted expenditure was for overtime to catch up on street department work. Departure t Head Requesting Amendment Funds Available: (a.,,. ,,ff/,. /L City Treasurer 8 ,p. r7 Date Date Approved: City Manager Date Approved by Council: Date 1998-1999 BUDGET AMENDMENT REQUEST No. 1 1998-1999 BUDGET AMENDMENT REQUEST No. 1 and General Department 01 30-00 Public Works Administration Fund Water Department 50 62-00 Wastewater Treatment ncrease the following account(s): Amount Increase the following account(s): Amour -1 30-006331 Telephone 81,600.00 130-00 6377 Dues iY Memberships S25.00 50 62-00 6265 Supplies/ Minor Tools ex Equionsent 5500.00 130-00 6380 janitorial Services $l,200.00 50 62-00 6336 Travel 55.00 Iib — total 82,825.00 SO 62-00 6341 Insurance General 81,336.00 50 62-00 6351 Fixed Plant Equipment R is M 58,000.00 50 62-00 6368 Uniform Rental 81,200.00 50 62-00 6393 Contractual Services $3,200.00 Amount 50 62-00 6740 Plant Equipment 82,800.00 Sub — total 817,041.00 8325.00 :� 8700.00 i Decrease the following account(s) Amoun 8300.00 ,,500.00 50 62.00 6110 Salaries ez Wages 86,000.00 82,825.00 50 62-00 6256 Chemical et Insecticides 84,740.00 50 62.00 6333 Training et Travel 51,500.00 50 62-00 6343 Insurance Motor Equipment 5301.00 50 62-00 6348 Electricity 83,000.00 50 62-00 6366 Rental rquipment 51,500.00 Sub — total 817,041.00 .ecrease the following account(s) 1 30-00 6236 Foods 1 30-00 6333 Training et Travel 1 30-00 6341 Insurance General 1 30-00 6349 Natural Gas .112— total Istification for amendment with course of action if not approved: his Budget Amendment Is needed to balance accounts within Public Works Administration epartmerl{MeaJ Requesting Amendment Inds Available: ty Treasurer Approved: Daten- y Manager Date' Date Approved by Council: Date Justification for amendment with course of action if not approved: Most Line Items are for adjustment to actual expenditures, Department Head Requesting Amendment Date Approved: • sty Manager Date Funds Available: Approved by Council: City TreesLrer Date Date 1998-1999 BUDGET AMENDMENT REQUEST No. 1 Fund General Department 01 32-00 City Shop Increase the following account(s): Amoun 11_32-00 6265 $ppplies/ Minor tools a E0o pment )1 32_08 6343 insurance Med\ Plant C°%nyr Erya`uioment 31 )1 32.00 6744 Mi6351 Elt ceelluneous Su,Rolles Raz M Sub — total 5210.00 $190.00 5750.00 $17.00 $1,167.00 )ecrease the following account(s) Amount )1 32.00 6212 Books a publications )1 32-00 6231 Wearing Apyprel 3! 32-00 6333 Training a Travel )1 32-00 6341 Insurance General )1 32-00 6366 Rental Equipment Iub — total unification for amendment with course of action If not approved: dost line items are for adjustment to actual expenditures. ar t Head Requesting Amendment 8289? unds Available: Try C. es Date Date 5122.00 5200.00 $200.00 5455.00 $190.00 $1,167.00 Approved: ity Manager Date Approved by Council: Date BUDGET AMENDMENT REQUEST Fund Water & Sewer Increase the following account(s): 50-61-00-6393 Contractual Services Decrease the following account(s): 50-61-00-6110 Salaries & Wages Department Billing/Collections Justification for amendment with course of action if amendment is not approved: Temporary_ help utilized due to employee on injury leave__ N CO Amount 15,800 Amount 15,800 Department Head Requesting amendment Funds Available: Approved: Date city Manager Date City Treasurer Date Approved by Council: Date BUDGET AMENDMENT REQUEST Fund Capital Outlay Department Inspect tons Increase the following account(s): 6743 - Furniture, Fisture. Office Equipment_ BUDGET AMENDMENT REQUEST Fund General Department Parks & Recreation Amount Increase the following account(s): 33000.00 01-51-00-8720 Buildings_Fixtures & Grounds ___ Decrease the following account(s): Amount 6393 - Contractual Services _ 03,409.00 Justification for amendment with course of action if amendment is not approved: To_purchase new computer and printer to support INCODE software. )epartment Head Requesting amendment Approved: ' F et, Srei f Date City Manager Dare runds Available: Approved by Council: Lt 1tl6tdl/-- I-4147 Tr sourer ty Dab Date Decrease the following account(s): 01-90-00-6406. _-_ Contingencies Justification for amendment with course of action if amendment is not approved: Emergency replacement of AC unit in the Recreation Building classroom. Amount 1.440 Amount 1,440 Department Head Requesting amendment Approved: Date Funds Available: City Treasurer Date City Manager Date Approved by Council: Date BUDGET AMENDMENT REQUEST Fund General Department Parks & Recreation Increase the following account(s): 6720 Buildinas, Fixtures & Grounds Decrease the following account(s): 6392 Fees for Officiating Amount 1,700 Amount 1,700.00 Fund General BUDGET AMENDMENT REQUEST Department Fire -Rescue Increase the following account(s): Amount Decrease the following account(s): 01-22-00-6324 - Laboratory Testing 01-22-00-6349 - Natural Gas 01-22-00-6377 - Dues a Memeberships 01-22-00-6393 - Contractual Services Justification for amendment with course of action if amendment is not approved: Justification for amendment with course of action if amendment is not approved: iafe storage for pool chemicals. If not approved. will have to continue to store chemicals n an area that is not as safe as it should be. )epartment Head Requesting Amendment 'unds Available: :ity asurer Date Approve Approved: City Manager Date Approved by Council: Date Deparment Head Requesting amendment C�4uGct' ',e�8 / 12 / 99 tJ Date Funds Available: City Dale Approved: y Manager Approved by Council: Amount 274.00 700.00 114.00 500.00 ViVr Data Date Bund General BUDGET AMENDMENT REQUEST Department Fire -Rescue increase the following account(s): 01-22-00-6210 - General Office Supplies 01-22-00-6220 - Miscellaneous Supplies 01-22-00-6231 - Wearing. Apparel 01-22-00-6331 - Telephone )ecrease the following account(s): 01-22-00-6222 01-22-00-6236 01-22-00-6240 01-22-00-6243 01-22-00-6314 - Fuel - Foods - Signs, Markers - Special Programs - Medical Services TOTAL ustification for amendment with course of action if amendment is not approved: sparment Head Requesting amendment Approved: 8/12/99 Date City Manager nds Available: cr�+r ?-f75 :y Tr surer Date Approved by Council: Amount 500.00 1,100.00 414.00 1,100.00 $ 3 114.00 Amount 170.00 75.00 485.00 196.00 600.00 Date Date BUDGET AMENDMENT REQUEST Fund General Fund Department Fire -Rescue Increase the following account(s): 01-22-00-6743 - Furniture, Fixtures & Office Equipment Decrease the following account(s): 01-22-00-6265 - Minor 01-22-00-6350 - Bldg. 01-22-00-6351 - Fixed 01-22-00- - Motor Tools & Equipment / Structure Improvements Plant & Equipment Vehicle =oNs-Qe}Nw,C< Justification for amendment with course of action if amendment is not approved: Replace broken computer Deparment H .tl Requesting amendment Funds Available: 1 " ' • d :Ay Tr ' asurer 5/18/99 Approved: Amount 1,732.00 Amount • 332.00 500.00 400.00 500.00 Date City Manager Data Date Approved by Council: Data :und BUDGET AMENDMENT REQUEST General Fund Department Fire -Rescue ncrease the following accounl(s): 01-22-00-6743 - Furniture, Fixtures & Office Equipment ecrease the rollowing account(s): 01-22-00-6265 - Minor Tools & Equipment 01-22-00-6350 - Bldg. / Structure improvements 01-22-00-6351 - Fixed Plant & Equipment 01-22-00-6158 - Motor Vehicle Su s to355 bra stification for amendment with course of action if amendment is not approved: Replace broken computer ,arment Herai� Requesting amendment Is Available: Tr as� 1 7 5/18/99 Approved: Date City Manager Date Amount 1,732.00 Amount • 332.00 500.00 J 400.00 j 500.00 .5-Fr�iS Dale Approved by Council: Date BUDGET AMENDMENT REQUEST Fund GENERAL Increase the following account(s): 6212 - Books 8 Publications Department LIBRARY IND CAD Amount 54,100 Decrease the following account(s): Amount 6393 - Contractual Services 54,100 Justification for amendment with course of action if amendment is not approved: In FY 97/98. the Houston Area Library System and Hughes Public Library applied for e -rate discounts on their telecommunications services. Those discounts were approved in FY 98/99. Because of delays in approval by the Schools 8 Libraries Corporation, the refunds were not available until this fiscal year. Telecommunications cost for the automated system and Internet access are aeoroximately 55.000. We have been received the invoice which covers _ charges through September 30, 1999. The final invoice was for 5915. Credits for_S4,100 were received. 146 reduest that this credit be transferred into the 1ibrary's book budget. . Deparment Head Requesting amendment 1• i��/.n ,ate �r<!� Approve -->✓� /rte Date /A City Manager Date Funds Available: Approved by Council: r/,.r..(�rc,.� 4 -J1/ -l5 City Treasurer Date Ell Date NIP Justification for amendment x111, course of action If amendment is not approved: Transfers arc requested m balance several negative line items and to redistribute funds to purchase additional books and equipment. Reasons for decreases: 01-33-00-6331 Telephone E -rate refunds were received from Southaesiem Bell and MCI in the 01x0,1»; of 5553 and transfer to the Plesar System reduced baste telephone charges. 01-55-00-6332 Postage & Freight Libras• did not send as many Ietrersyockages via overnight or priority mail. 3. 01.55-00-6333 Training & Travel Funds allocated for education reimbursement were not expended. Attendance at ALA conference was shortened by two days. 4. 01-55-00-6337 Advenising Library did not conduct any special advertising. 3. 01-55-00-6338 Printing & Binding Reduced because only one shipment of books was sent to the bindery. 6. 01-55-00-6341 Insurance, General Unlike last fiscal year, coverage was required for one building only. 7. 01-55-00.6348 Electricity Cost of electrical services for the new facility came in lower than originally. estimated. 8. 01.35-00-6349 natural Gas Cost of natural gas services for the new facility came in lower than originally estimated. 9. 01-55-00.6393 Contractual Services Funds had been allocated fon annual terminal fees and one -rime poll fees for two new workstations. In January 1999, the library applied for and received a TIFB grant that would cover a portion of these kgs instead of requiring expenditure of budgeted funds. In addition, the cost of a database subscription came in lower than anticipated. Reasons for Increases: 1. 01-55.00-6210 General Office Supplies Cost of basic office supplies were higher than originally anrinpted. 2. 0l-55-00-6212 Books & Publications Increase requested 50 purchase replacement copies of damaged or 5'050 children's materials, as well 31 nese titles. videotapes and talking books. 3. 01-35-00-6243 Special Program Supplies Funds 5111 be used to purchase special materials. acuviry kits, posters, etc. for decorating the children's area as well as for use during story times. 4. 01-55-00-6743 Capital - Furniture. Fixtures. etc, Funds trill be used to purchase a microfilm cabinet for the archive room. ISM Fund BUDGET AMENDMENT REQUEST General Department Increase the following account(,): 01-55-00-6210 01-55-00-6212 01-55-00-6243 01.55-00-6743 General Office Supplies Boors & Publications Special Program Supplies Capital - Furniture, Fixtures, etc. Decrease the Follossing account(s) 01-55-00-6331 Telephone 01-55-00-6332 Postage & Freight 01-55-00-6333 Training & Travel 01-55-00-6337 Advertising 01-55-00-6338 Printing & Binding 01.55-00-6341 Insurance, General 01-55-00-6348 Electricity 01-55-00-6349 Natural Gas 01-55-00-6393 Contractual Services Department bead Requesting amendment Funds Available: eiribtr. Cis) Ter rer Date rc)/F 95 Date !Abram 11111:c,1lrrr». Amount 500.00 1:712/13I f -J(- i 2,000.00 1,500.00 Amount 600.00 405.00 1,46&00 75.00 280.00 1751”08- �s + 9,500.00 1,763.00 6,000.00 Approved: 0172 f !l Cis) 3lonager Date Approved by Council: Date 234 EXHIBIT A.2 Further Description of Basic Engineering Services and Related Matters 1 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on October . 1998 between the City of Nederland (O`\IER) and (ENGINEER) providing for professional engineering services. The time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. Authorization for performance of the assignment described is given by signature of the authorized agents for the Owner and the Engineer below. The assignment is to provide the services as outlined below for the Year 2 Rehabilitation (FY 99-00) program as identified in Table 3 of the July 1998 report "City of Nederland Wastewater Collection System Schedule for Rehabilitation". A copy of Table 3 is attached to this Exhibit. The following amounts are based on reimbursable compensation with the following amounts not to be exceeded without authorization. Description of Service Basic Services Final Design Phase Bid Phase Construction Phase Not to Exceed Amount Schedule for Completion $40,000 February 28, 2000 $ 3.000 March 1, 2000 $ 4,500 May 1, 2000 Additional Services Surveying (Design Phase) $ 15,000 October 1, 1999 Geotechnical* $ 3,000 As required Materials Testing* $ 2,000 As required Resident Representative** $ 26,000 July 1, 1999 1 *Services to be authorized directly to subconsultants specialized in this area based on recommendations made during design or construction phase. **Services for Resident Representative are planned for a part time basis. Authorization of Assignment for Year 2 Rehabilitation Contract dated August .23 ,1999 between the City of Nederland and Schaumburg & Polk, Inc. City of Nederland 4t,.,.& rL� — Andre Wimer City Manager Attest DF: IF: W GREEMENTS W EDSS ES-YEAR2. DOC 07/19/99 c/ Schaumburg & Polk, Inc. A . Gary C.1 aham Vice Pre•tdent Attest Schaumburg & Polk, Inc. CONSULTING ENGINEERS 1 1 1 235 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 8:00 a.m. August 30, 1999 MEETING The special meeting was called to order at 8:00 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 Radcliff to approve the minutes of the August 23, 1999 meeting as written. All Voted Aye. TAX RATE EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1999-09, adopting a tax rate of $.65 per $100 valuation for the fiscal year beginning October 1, 1999 and ending September 30, 2000. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone the Executive Session. All Voted Aye. BIDS/PROPOSALS Andre' Wimer, City Manager, reported that he and the City Attorney met with Rick Bourque, Schaumburg & Polk, Inc., regarding the bids for the Avenue G street project. The cost for overlay would be approximately $32,340. Richard Hughes, City Attorney, stated that he had reviewed all the contract documents between the City and Norman Highway Constructors and there is a reasonable risk to the warranty if the City proceeds with the repair work on Avenue G. However, he does recommend that the City award the bid for remedial work since Norman Highway's bonding company has been notified of the defects and have failed to respond to the City's correspondence. Once work has begun we will not be able to contact the bonding company or the contractor regarding this portion of the work, but the City can deduct the amount that will 236 Minutes continued, August 30, 1999 STREETS be necessary in order for the road to meet the plans and specifications from the retainage. He added that Norman Highways should be paid for work performed. Mr. Hughes recommends that the City employ an expert regarding the need for rehabilitative work in the event that this matter goes to litigation. The cost for an expert opinion will be approximately $2,000. The contractor should be notified of the City's intent to perform the remedial work. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to award bids received for asphalt overlay work on Avenue G to L. D. Construction, Beaumont, TX, in the amount of $32,340.00. All Voted Aye. Andre' Wimer, City Manager, reported that he and Mayor Nagel met with Walter Crook, TxDOT, regarding the Nederland Avenue project. He added that he had requested a letter from TxDOT stating that the job is complete and all specifications were followed, but this has not been received. TxDOT did send the City a letter stating that an additional $16,000 is owed on the project. Another meeting is scheduled for Tuesday, August 3155, to further clarify this invoice. The City Attorney recommended that the City begin work on the safety concerns on Nederland Avenue. He suggested that the City write another letter to TxDOT and state that unless the City receives a response from them within five (5) days the City will assume that they are of the opinion that the project was performed according to the plans and specifications. He added that in the event that this does end up in litigation the City should have expert opinions regarding the safety concerns and be able to state that the project was not performed according to the specifications. The City Manager stated that staff will begin working on estimates to make the necessary repairs to the manholes, drainage, etc. He added that staff should be able to offer a recommendation to the Council by the next meeting. A motion was made by Councilman Daughtry and seconded by Mayor Nagel to authorize staff to obtain the services of an engineering firm to review the Nederland Avenue project according to the plans and specifications as performed by TxDOT and upon their confirmation regarding the safety hazards authorize the City to proceed with remedial work. All Voted Aye. 1 1 Minutes continued, August 30, 1999 237 OFFICIALS' Andre' Wimer, City Manager, reported that the street sweeping COMMENTS contract expires October 15t and the City of Orange is checking with the contractor to see if they are willing to continue the contract at the current rates. He also stated that in order for the City to sell the property on Gage Avenue a Phase I study will be necessary. ADJOURN There being no further business the meeting was adjourned at 8:40 a.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas n 238 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET • G Mayor City ecretary g-30.99 Date TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager I PRESENT I ABSENT z/ 1 1 1 1 1 1 ORDINANCE NO. 1999-09 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 1999, 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 1999, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $574,099,470; 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 ofJefferson County Appraisal District, at a total value of $574,099,470, shall become the tax assessment rolls of the City of Nederland for the year 1999, less all exemptions provided by either State Law or City ordinance in the amount of $54,615,125. SECTION 2: - That there is hereby levied for the current year, 1999, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest and sinking funds for the fiscal year ending September 30, 2000 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of sixty-five cents ($.65) 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), 35.8908 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 29.1092 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of One million one hundred five thousand dollars ($1,105,000.00) Permanent Improvement Bonds, Series 1986, 21.3783 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred thousand, three hundred sixty-two dollars and fifty cents ($200,362.50) on the Permanent Improvement Refunding Bonds, Series 1992, 3.8764 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred ninety-nine thousand, two hundred thirty-two dollars and fifty cents ($199,232.50) on the Certificates of Obligation, Series 1992, 3.8545 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 1999 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. 239 240 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 SPECIAL MEETING THIS THE 30° DAY OF AUGUST, A.D., 1999. ATTEST: LaDonna Floyd, City Secret1ry City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorr0y City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 241 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 13, 1999 MEETING The meeting was called to order at 3:00 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 meeting of August 30, 1999 meeting as written. All Voted Aye. PROPERTY 1 STREETS 1 Andre' Wimer, City Manager, reported that the Nederland Volunteer Fire Department has committed to purchase a new rescue truck and donate it to the City. With the addition of this equipment to the fleet the current rescue truck, Rescue 2, will no longer be necessary. Mr. Wimer is recommending that Rescue 2 and the skid pump unit be declared surplus and offered for sale through the sealed bid process. The proceeds from the sale of the truck will then be donated to the Volunteer Fire Department to assist with the financing of the $48,000 needed for the purchase of the new truck. A motion was made by Mayor Nagel and seconded by Councilman Nugent to declare Rescue 2 (1990 1 -ton Chevrolet) and the skid pump unit as surplus, and authorize advertisement of bids to sale the equipment with the proceeds being donated to the Nederland Volunteer Fire Department in order to assist them in the purchase of a new rescue truck which will be donated to the City of Nederland. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action hiring a consultant to evaluate Nederland Avenue; authorizing repair work on Nederland Avenue; and, requesting bids for repair work on Nederland Avenue. All Voted Aye. 242 Minutes continued, September 13, 1999 WATER LINE LIBRARY A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone action regarding the water line on Patillo Road. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone action regarding landscaping for the Marion & Ed Hughes Public Library. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the submission of a grant application for the Marion & Ed Hughes Public Library with the exception of the landscaping request. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the purchase of computer equipment for the Marion & Ed Hughes Public Library in the amount of $5,515.00. All Voted Aye. APPOINTMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to appoint Bill Wills and Daniel Delahoussaye to the Construction Board of Adjustments and Appeals for a 1 - year term. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Ordinance No. 1999-10, authorizing Medicare supplement. All Voted Aye. BIDS/PROPOSALS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the advertisement of bids for remediation work on the Hardy Avenue elevated storage tank. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Nugent to postpone action approving a contract for an environmental site assessment of the Gage Avenue property. All Voted Aye. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Costello, Inc. in the amount of $856.42, Main "C" drainage study. All Voted Aye. 1 1 1 Minutes continued, September 13, 1999 EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Brammer Construction, Inc. in the amount of $48,848.05, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize payment to Excavators & Constructors, Inc. in the amount of $143,713.44, wastewater system rehabilitation. 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 August, 1999. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the contractors are COMMENTS scheduled to hot mix Avenue G on Thursday and Friday of this week. Mr. Wimer also reported that he received correspondence from Dennis Bourque, 3315 Avenue H, requesting that the City abandon a 6' right-of-way that is situated between Lots 6 & 7 of J. J. Matherne Addition near Avenue H and Hill Terrace. Mr. Bourque is interested in purchasing this property and developing it, but the right-of-way will prevent any type of building from being constructed across the lot lines. Mr. Wimer added that the right- of-way is not being utilized by the City and that there is only an abandoned water line located in it. The City Manager stated that HALAN will be installing new software to the Library's network beginning September 20`h When the installation is complete it will necessitate that staff be trained on the applications. Ms. Klehn is requesting that the library be closed during training. Councilman Nugent requested that staff place some type of molding around the bottom edge of the Council table in order to prevent damage to the chair arms. 243 244. Minutes continued, September 13, 1999 ADJOURN There being no further business the meeting was adjourned at 4:20 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 1 1 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor i _ XGZ�O?r4 .v c City Secretary Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager 1 PRESENT v 245 ABSENT 246 CITY OF NEDERLAND ORDINANCE NO. 1999-10 AN ORDINANCE AUTHORIZING THE OFFERING OF MEDICARE SUPPLEMENT COVERAGE TO CITY OF NEDERLAND RETIREES OVER AGE 65; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN OPEN MEETINGS_ CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to provide Medicare Supplement coverage to its retirees over age 65; WFIEREAS, Texas Municipal League Group Benefits Risk Pool is a health risk pool established pursuant to Texas Local Government Code Chapter 172, Texas Government Code Chapter 791, and the Texas Trust Code to provide health benefits coverage for employees and retirees and dependents of employees and retirees, of Texas political subdivisions under an interlocal agreement; WHEREAS, the City is currently offering health benefits coverage through the Texas Municipal League Group Benefits Risk Pool pursuant to interlocal agreement and Chapter 172 of the Texas Local Government Code, both of which would allow the extension of benefits to retirees of the City; WHEREAS, the City desires to provide Medicare Supplement coverage to its retirees over age 65 through the Texas Municipal League Group Benefits Risk Pool and that the cost for such coverage be paid for by the individual retiree; WHEREAS, the City desires to select a Medicare Supplement for its retirees over age 65 to be provided by the Texas Municipal League Group Benefits Risk Pool; and WHEREAS, providing Medicare Supplement coverage to retirees over age 65 under the Texas Municipal League Group Benefits Risk Pool Interlocal Agreement is in the best interest of the City, its retirees, and the public generally; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION 1: The foregoing recitals are incorporated into this Ordinance as findings of fact. SECTION 2: The City hereby elects to provide Medicare Supplement coverage to its retirees through Texas Municipal League Group Benefits Risk Pool under the Pool's Interlocal Agreement. SECTION 3: The City hereby adopts the following definition of "retiree" for purposes of this ordinance: An employee who has ceased full-time, active employment with the City of Nederland and meets the City's guidelines to qualify as a retiree, and who is age 65 or older. The Medicare Supplement benefit also extends to eligible dependents of qualifying retirees once the eligible dependent reaches age 65 or older. SECTION 4: The City hereby adopts the following benefit plans to be provided to its retirees through the Texas Municipal League Group Benefits Risk Pool: Medicare Supplement, medical plus prescription, for over age 65 retirees. SECTION 5: The Interlocal Agreement in effect between the City of Nederland and the Texas Municipal League Group Benefits Risk Pool provides that the Board of Trustees may adopt rules and regulations. The rules and regulations of the Texas Municipal League Group Benefits Risk Pool allow the participating member entity to offer over age 65 retirees a Medicare Supplement. The City of Nederland elects to have the retiree medical contribution for over age 65 retirees be the Medicare Supplement rate. Other coverages will be as established annually by the Texas Municipal League Group Benefits Risk Pool Board of Trustees. SECTION 6: This ordinance will only apply to individuals retiring after its effective date or to employees which retired under a previous ordinance. For individuals retiring after the effective date of this ordinance to qualify they must enroll for this coverage withing thirty (30) days of their retirement. SECTION 7: This ordinance may be repealed or modified at any time, but will remain in effect for any employee retiring while it is in effect. SECTION 8: The City Secretary is hereby ordered to enter a copy of this Ordinance in the City minutes. SECTION 9: All existing City ordinances in conflict with the provisions of this Ordinance are repealed to the extent of the conflict. SECTION 10: It is hereby officially found and determined that the meeting at which this Ordinance was considered was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. SECTION 11: This Ordinance shall be effective immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the /3 day of , 41 vitt., ti , 192±i Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AYtomey City of Nederland, Texas ?47 243 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 20, 1999 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 Mayor Nagel to approve the minutes of the September 13, 1999 meeting as written. All Voted Aye. PROCLAMATIONS Mayor Nagel presented a proclamation to Marlene Wilson of the Golden Triangle Quilt Guild declaring September 19-26, 1999 as "Quilt Appreciation Week" in Nederland. Mrs. Wilson thanked the Mayor and Council for preparing the proclamation and invited everyone to attend their Quilt Show at the Beaumont Civic Center this weekend. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve the Proclamation declaring September 19-26, 1999 as "Quilt Appreciation Week" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a Proclamation declaring September 19-25, 1999 as "Y2K Awareness Week" in Nederland, Texas. All Voted Aye. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:07 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments relative to the City's 1996 TCDBG Wagner Subdivision Sewer Improvements Project. Randy Blanks, David J. Waxman, Inc., stated that the grant was for $250,000 and the City's match was $531,000. He added that the State has reviewed the project and this Public Hearing is the last step prior to them issuing the close out report. iL Minutes continued, September 20, 1999 RECONVENE There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:10 p.m. by Mayor Nagel. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a contract between the City of Nederland and the Nederland Police Officers' Association. All Voted Aye. STREETS WATER LINE A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone approving a contract for an environmental site assessment of the Gage Avenue property. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to postpone hiring a consultant to evaluation Nederland Avenue. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone requesting bids for repair work on Nederland Avenue. All Voted Aye. Andre' Wimer, City Manager, reported that the water line on Patillo Road has successfully passed the pressure test. City staff was present to observe the test being conducted. He added that before the City can accept the line the issues regarding whether the City of Port Arthur will release that portion of their ETJ, and the ability to obtain easement must be resolved. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to accept the pressure test results on the water line on Patillo Road and to postpone any further action until such time as the City of Port Arthur agrees to release that portion of their ETJ to the City of Nederland, and an easement is obtained. All Voted Aye. SANITARY Andre' Wimer, City Manager, reported that the change order that SEWER is being requested by Excavators & Constructors, Inc. is due to the EVALUATION citizens request to have the line installed by the pipe bursting SURVEY method rather than by open cut. He added that this line is being replaced as a part of the E.P.A.'s mandate. The residents are concerned with the contractor tearing up their yards. Mr. Wimer 2 5 n Minutes continued, September 20, 1999 stated that the line is located in a designated easement. There are a few residents who have installed swimming pools that encroach into the easement and their concern is the possibility that damage could be caused to the pools. Mayor Nagel stated that he is of the opinion that if the City were to pay the additional funds that it would take to use this method then we would have to do the same for everyone in Nederland. He suggested that the affected residents pay the additional $10,525.84 if this is the method that they would prefer to be used. This would amount to approximately $400 per resident. Robert Talley, 3112 Lawrence; Pete Gotcher, 3015 Memphis; and, Wilbert Dutschmann, 3003 Memphis, were in attendance to request the pipe bursting. After a discussion with Council they stated that they would approach the other residents regarding the City's proposal for the neighborhood to fund the increase in the contract. Mayor Nagel stated that all funds would have to be paid by October 4, 1999 in order to have this method used. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve a change order with Excavators & Constructors, Inc. in the amount of $10,525.894 for pipe bursting contingent upon the residents who requested this method depositing this amount to the City by October 4, 1999. All Voted Aye. RESOLUTIONS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1999-18, nominating Charles Lankford to the Jefferson County Appraisal District Board of Directors. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1999-19, supporting the Federal Highways Administration Project to reconstruct State Highway 87. All Voted Aye. ORDINANCES A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1999-11, requiring Entergy Gulf States to book revenues from the sale of power from the River Bend Nuclear Station. All Voted Aye. 1 Minutes continued, September 20, 1999 BUDGET STREETS PAYMENTS EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve Ordinance No. 1999-12, establishing a Municipal Court Technology Fund. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to approve Ordinance No. 1999-13, declaring certain utility accounts as uncollectible. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve amendments to the 1998-1999 budget (see attached). All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to approve Ordinance No. 1999-14, amending the 1998- 1999 budget. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize the closure of 14`h Street, from Boston Avenue to the alley behind the Fire Station, on October 5, 1999 from 5:00-9:00 p.m. for Fire Prevention Week activities. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Nugent to authorize payment to Schaumburg & Polk, Inc. as follows: $14,472.66, west annexation area water and sewer improvements; $718.20, Wagner Addition collection system improvements; $34,629.64, wastewater system improvements; $6,068.93, 1998-1999 wastewater system rehabilitation; and, $1,720.00, 1999-2000 wastewater system rehabilitation. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment to Costello, Inc. in the amount of $29,862.96, Main "C" drainage study. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the Executive Session. All Voted Aye. 'J E Minutes continued, September 20, 1999 OFFICIALS' Andre' Wimer, reported that the intersection project administered COMMENTS by the Texas Department of Transportation is scheduled to begin sometime in December. ADJOURN There being no further business the meeting was adjourned at 7:30 p.m. by Mayor Nagel. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway 4 Mayor City Secretary `' Date TITLE Mayor Council Member - Ward 1 Council Member -Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT 253 ABSENT CITY OF NEDERLAND RESOLUTION 1999-18 THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of September 20, 1999, in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal district established for Jefferson County for a two-year term to expire December 31, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 1999, in accordance with said Statute. PASSED AND APPROVED this the o/O day of i, ft..JN ♦ 1999. Homer E. Nagel Mayor Robert Sawyer Council Member, Ward I Mike Radcliff Council Member, Ward III ATTEST: WGhhrx, / e -A1`14 LaDonna Floyd City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes City Attorney J Daughtry7 Council Member, Ward II • ,1 R. A. "Dick" Nug oft Council Member, and IV 255 CITY OF NEDERLAND RESOLUTION 1999-19 A RESOLUTION IN SUPPORT OF THE FEDERAL HIGHWAYS ADMINISTRATION PROJECT TO RECONSTRUCT STATE HIGHWAY 87 WHEREAS, a transportation route has existed in the vicinity of State Highway 87 between Sabine Pass and High Island for over 100 years; and, WHEREAS, until its closure in 1989, Highway 87 provided a direct and vital link between Sabine Pass and High Island for the people of Nederland and all of Southeast Texas traveling to and from Galveston County; and, WHEREAS, loss of this important transportation artery has impacted the entire Southeast Texas region, but has placed a particular hardship on the citizens of South Jefferson County; and, WHEREAS, the highway's closure has had a severe impact on the economy of Sabine Pass and Port Arthur through a loss of tourism and the closure of a number of long-established area businesses; and, WHEREAS, the highway's closure has placed residents of Sabine Pass in a particularly dangerous situation by leaving them with only one evacuation route, a route that is susceptible to closure by industrial accidents and flooding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Nederland City Council views the reconstruction of Highway 87 as a matter of great concern to the entire region and urges the Federal Highways Administration to move forward with the project as soon as possible. PASSED AND APPROVED this the c?0 day of , p , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: (vw," ( -Qc t La onna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attor y City of Nederland, Texas 25� CITY OF NEDERLAND ORDINANCE NO. 1999-11 AN ORDINANCE REQUIRING ENTERGY GULF STATES TO BOOK AND HOLD REVENUES FROM THE SALE OF POWER FROM THE RIVER BEND NUCLEAR STATION ATTRIBUTABLE TO THE 281 MW ACQUIRED FROM CAJUN ELECTRIC COOPERATIVE IN A SUSPENSE ACCOUNT PENDING FINAL DETERMINATION OF THE REGULATORY TREATMENT OF THAT PORTION OF RIVER BEND WHEREAS, the City of Nederland, Texas, is a regulatory authority under Tex. Utii. Code §33.001, and has original jurisdiction over the rates, operations, and services of Entergy Gulf States, Inc. (EGS) in the municipality. WHEREAS, on February 1, 1999, the City of Nederland, other Cities, EGS, and other parties to EGS' rate case executed a settlement agreement which provided that the regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Power Cooperative would be determined in the 2001 rate case. WHEREAS, in May, 1999, the Texas Legislature enacted amendments to the Public Utility Regulatory Act (PURA) which froze rates until January 1, 2002, thus eliminating the EGS rate case contemplated in the settlement agreement of the parties in PUC Docket No. 20150, and the rate case required by the settlement agreement in the Gulf States/Entergy merger case, PUC Docket No. 11292. WHEREAS, as a result of the legislative changes which eliminated the rate case required by the Commissioner's Order in Docket No. 11292 and contemplated in Docket No. 20150, the Public Utility Commission of Texas ordered EGS to address the regulatory treatment of the 30% of River Bend acquired from Cajun Electric Cooperative in its S.B. 7 implementation proceeding. WHEREAS, EGS has unilaterally decided to withhold power generated at River Bend attributable to the 30% share from its Texas retail customers. WHEREAS, on July 23, 1999, EGS curtailed service to many firm distribution level customers because Entergy had insufficient power to supply its Texas retail customers. During such curtailments, power from the 30% of River Bend acquired from Cajun Electric Cooperative was sold off the Entergy system. WHEREAS, EGS is selling power generated at River Bend attributable to the 30% share off system. WHEREAS, the City Council having considered the changes to the settlement agreement, PURA, the Public Utility Commission of Texas' orders concerning River Bend, EGS' service failures, and EGS' sale of power from the 30% of River Bend acquired from Cajun Electric Cooperative off system, is of the opinion that the revenues from the sale of power attributable to the 30% share of River Bend should be segregated and held un a suspense account pending regulatory determination of the disposition. 1 1 1 257 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: 1. EGS shall book and hold in a suspense account all revenues from the sale of River Bend power attributable to the 30% share acquired from Cajun Electric Cooperative pending regulatory determination of the appropriate regulatory treatment of such power. Such accounting shall begin with the settlement of the various lawsuits between EGS/Entergy and Cajun Electric Cooperative in December 1997 and shall include all assets transferred to Entergy or EGS by Cajun at the price paid by Entergy or EGS for such acquisition. The booking should also reflect the value of nuclear fuel acquired from Cajun, settlement proceeds, return of funds from the Court registry, decommissioning funds, and revenues from the sale of power attributable to the 30% share of River Bend since December 1997. The booking of revenues shall be updated monthly. 2. EGS shall provide the required accounting information and underlying support in such detail and format, and with such frequency as Cities' consultants, DUCI, and attorneys, Butler, Porter, Gay & Day, request. 3. Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City under the law to regulate the rates, operations, and services of EGS. 4. Should any part, sentence, or phrase of this ordinance be determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this ordinance shall not be adversely affected. No portion of this ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this ordinance are severable. 5. All ordinances, resolutions, or parts thereof in conflict herewith are repealed to the extend of such conflict. PASSED AND APPROVED /by the City Council of the City of Nederland, Texas this the o?a day of `inFl�.. ,f'.4.A 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, CitySecretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Arney City of Nederland, Texas 258 CITY OF NEDERLAND ORDINANCE NO. 1999-12 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR EXPIRATION DATE. WHEREAS, Article 102.0172 of the Code of Criminal Procedure provides for the establishment of a Municipal Court Technology Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: Establishment of Municioal Court Technoloav Fund A. There is hereby created and established a Municipal Court Technology Fund, here -in -now known as the "Fund", pursuant to Article 102.0172 of the Code of Criminal Procedure. B. The Fund may be maintained in an interest bearing account and may be maintained in the General Revenue account. Section 2: Establishment of Amount of the Fee and Assessment and Collection A. The fee shall be in the amount of $4.00. B. The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the Municipal Court as a cost of court. A defendant is considered convicted if: (1) a sentence is imposed on the person; (2) the person is placed on community supervision, including deferred adjudication community supervision; or (3) the court defers final disposition of the person's case. C. The fee shall be collected on conviction for an offense committed on or after the passage of this ordinance. D. The clerk of the court shall collect the fee and pay the fee to the municipal treasurer of the City of Nederland, who shall deposit the fee into the Municipal Court Technology Fund. Section 3. Desianated Use of the Fund and Administration A. The Fund shall be used only to finance the purchase of technological enhancements for the Municipal Court of the City of Nederland, Texas, including: 1 1 259 (1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks; (7) electronic ticket writers; or (8) docket management systems. B. The Fund shall be administered by or under the direction of the City Council of the City of Nederland. Section 4: Severabilitv If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance of the application thereby shall remain in effect. It being the intent of the City Council of the City of Nederland, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. Section 5: Reoealino Conflict All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. Section 6: Effective Date This ordinance shall be effective upon passage by the City Council. Section 7: Exoiration and Administration of Fund In accordance with Article 102.0172 of the Code of Criminal Procedure, this ordinance and the assessment and collection of the Municipal Court Technology fee expires September 1, 2005. The purpose of the use of any funds remaining in the Fund shall continue to be used and administered as required by this ordinance and for that purpose this ordinance remains in effect. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the e.o day of ,.,,,(,1, 1999. ATTEST: • Licr onna Floyd, City Secretary Homer E. Nagel, Mayos' APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney r 260 ORDINANCE NO. 1999-13 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $8,912.59 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9-30-99 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge-offs for fiscal year 1998-99 in the amount of $8,912.59 as set forth in Attachment "A." Section 2. Charge-offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106-30 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE .2h day of September, A.D., 1999. Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: f Jruicf LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto eM y City of Nederland, Texas 1 1 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF 1-01-00180-02 $82.00 1-01-00570-02 5.23 1-02-00210-04 14.14 1-02-00290-00 10.00 1-02-02030-00 199.96 1-02-02200-02 50.40 1-02-02530-09 11.25 1-02-02640-01 58.87 1-03-00060-03 46.70 1-03-00140-01 59.64 1-03-00340-01 218.09 1-03-00390-02 100.13 1-03-00480-00 83.83 1-03-00480-02 7.03 1-03-02240-00 46.90 1-04-00270-03 169.35 1-04-00820-00 41.60 1-04-01680-04 272.52 1-04-01710-03 36.25 1-04-01720-07 168.24 1-04-02010-01 157.27 1-05-00490-03 8.77 1-05-00490-04 177.86 1-05-01010-00 151.08 1-05-01530-05 99.28 1-05-01810-07 45.70 1-05-01840-02 65.99 1-05-01960-00 209.83 1-05-04250-03 102.10 1-06-02290-02 80.61 2-07-00630-04 35.37 2-07-00950-04 128.84 2-07-01670-03 102.32 2-07-02030-01 72.80 2-08-01180-04 187.57 2-08-01220-02 104.71 2-08-01440-01 190.03 2-09-00010-01 51.36 2-09-01150-01 38.26 2-09-02270-00 25.97 2-09-02400-01 91.93 2-09-02530-02 143.93 2-10-00350-03 151.96 2-10-00559-00 85.84 2-11-02050-01 97.08 2-11-03165-02 136.65 2-11-03165-04 262.77 2-12-01145-03 44.39 2-12-01210-03 44.39 2-12-01520-06 17.24 3-13-00350-02 295.50 3-13-01040-03 17.38 3-13-01480-00 3.97 3-15-02770-03 6.85 3-15-02770-04 44.29 76? ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF 3-15-02800-07 102.28 3-15-02830-02 86.57 3-16-00470-04 32.87 3-16-00570-01 40.08 3-16-00760-03 133.92 3-16-01180-02 63.67 3-16-01430-01 56.67 3-16-01500-03 25.90 3-16-01790-00 3.97 3-16-02090-04 68.43 3-16-02090-05 106.35 3-16-02230-04 32.70 3-16-02430-01 97.09 3-17-00060-02 1.27 3-17-00550-03 7.95 3-17-00560-03 121.42 3-17-00980-02 130.00 3-17-01350-01 83.53 3-17-01610-06 6.46 3-17-02110-03 34.93 3-18-01140-02 44.17 3-18-01870-01 36.15 3-18-01980-02 21.94 3-18-02360-05 121.35 3-18-02550-02 51.97 4-19-00900-03 68.86 4-19-02380-06 22.72 4-19-02410-04 51.81 4-19-02460-03 112.42 4-20-00460-00 67.69 4-20-00830-03 31.86 4-20-02460-08 61.07 4-21-01060-01 57.60 4-21-02010-02 15.07 4-21-02450-03 90.85 4-21-02520-02 40.67 4-22-01210-00 27.37 4-22-01420-00 18.97 4-22-02780-00 1,490.81 4-23-00270-01 68.35 4-23-01140-03 12.81 $8,912.59 1 ORDINANCE NO. 1999-14 AN ORDINANCE AMENDING THE 1998-99 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 1998-04 which adopted the 1998-99 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 1998-99 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 1998, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 1998 and ending September 30, 1999, 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 1998-99 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 1998-04 adopting the budget for 1998-99; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase revenues and expenditures as are set out in Attachement "B"; and, WHEREAS, the City Council finds that the budget for the 1998-99 fiscal year should be amended to allow the revenues and expenditures as are set out in Attachment `B". 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 .70 DAY OF SEPTEMBER, A.D., 1999. XXcn- Homer Nagel, Mayor Y City of Nederland, Texas ATTEST: onna Floyd, City Secretary City of Nederland, Texas APPROV D AS TO FORM AND LEGALITY: Richard D. Hughes, City Attome City of Nederland, Texas 263 261 BUDGET ORDINANCE AMENDMENT - ATTACHMENT A WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9-30-98 in the amount of $ 110,000.00 and increase line items as detailed below. Water Treatment Increase 50-60-00-6256 Chemicals & Insecticides Water quality and volume required additional expenditures for chemicals. $ 25,000.00 Increase 50-60-00-6404 Untreated Water LNVA charge for raw water increased significantly. $ 45,000.00 Water & Sewer Distribution Increase 50-63-00-6111 Overtime $ 40,000.00 This item more accurately reflects actual charges to W & S Distribution work. Excessive overtime is due to drought during the summer months and work performed to purchase the Newton Water Company. Other Requirements Increase 50-90-00-6406 Contingency $ 103,000.00 This item reflects the purchase of a portion of the Newton Water Company and also the purchase of a boring machine for water line work. SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9-30-98 in the amount of $67,000.00 and increase line items as detailed below. Solid Waste Increase 52-33-00-6111 Overtime $ 17,000.00 Major vehicle problems on garbage and trash trucks, excessive volume of trash, absence of employees, and slow delivery of new garbage truck resulted in excessive overtime. Increase 52-33-00-6390 Waste Disposal $ 50,000.00 Excessive volume of trash and use of roll -off containers caused over expenditure. CAPITAL OUTLAY FUND Amend Capital Outlay Fund by appropriating unencumbered funds remaining at 9-30-98 in the amount of $71,000.00 and increase line item as detailed below. Increase 31-00-00-6710 Land Improvements $ 71,000.00 Funds were used to purchase property easements in order to comply with TNRCC buffer zone requirements involving wastewater treatment plants. BUDGET ORDINANCE AMENDMENT - ATTACHMENT B SOLID WASTE FUND Amend Solid Waste Fund by increasing revenue and increasing line item as detailed below: Increase 52-00-00-4840 Solid Waste Service $ 40,000.00 Increase 52-33-00-6390 Waste Disposal $ 40,000.00 Additional revenues were received and additional expenditures were incurred due to the recently annexed area. MCML DISPATCH FUND Amend MCML Central Dispatch Fund by increasing revenue and increasing line item as detailed below: Increase 70-00-00-4700 Miscellaneous Income $ 20,000.00 Increase 70-21-00-6743 Furniture, Fixtures & Office Equipment $ 20,000.00 The Southeast Texas Regional Planning Commission agreed to reimburse the City for purchase of a 16 -Channel Dictaphone for recording communications. 1 1 265 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. October 11, 1999 MEETING The meeting was called to order at 3:00 p.m. by Mayor Pro Tem R. A. Nugent 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 Mayor Pro Tem Nugent to approve the minutes of the meeting of September 20, 1999, as written. All Voted Aye. PROCLAMATION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve a Proclamation declaring October, 1999 as "Voter Awareness Month" in Nederland, Texas. All Voted Aye. WATER LINE A motion was made by Mayor Pro Tem Nugent to postpone action regarding the water line on Patillo Road. All Voted Aye. STREETS DRAINAGE A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to postpone hiring a consultant to evaluate Nederland Avenue. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to postpone action requesting bids for repair work on Nederland Avenue. All Voted Aye. Due to representatives of Costello, Inc. being unable to attend the meeting, Andre' Wimer, City Manager, reviewed the drainage analysis of the Upper Main "C" Watershed performed by them. The study performed was of the entire City and was divided into five separate areas. Costello, Inc. made recommendations and cost estimates of each. Area 1 is the Park Street and Avenue 1 1 LL 267 Minutes continued, October 11, 1999 H region with a cost estimate of $445,000.00. Area 2 is the 27th Street to 34`h Street, north of Canal Avenue region with a cost estimate of $679,125.00. Area 3 is the Holmes Road, Bourque Road and Beauxart Garden Road region. There were four different options provided for this area. A 2 -Year Storm with 1 outfall with an estimate of $2,335,525.00; and, with 2 outfalls $2,141,187.50. A 5 -Year Storm with 1 outfall with an estimate of $2,655,125.00; and, with 2 outfalls $2,338,975.00. Area 4 is the Canal Avenue region with a cost estimate of $255,687.50. Area 5 is the 36`h Street and 37th Street region with a cost estimate of $96,881 .25. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Sawyer to postpone approving the Main "C" Drainage Study. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve Ordinance No. 1999-15, releasing the 6' x 268'5" right-of-way located between Lot 6 and 7 of the J. J. Matherne Addition. All Voted Aye. CONTRACTS/ A motion was made by Mayor Pro Tem Nugent and seconded by AGREEMENTS Councilman Radcliff to approve renewing a contract between the City of Nederland and the Mid County Radio Control Club. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve amending a contract with Schaumburg & Polk, Inc. for Year 2 of the Sanitary Sewer Evaluation Survey project. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve renewing a contract with Tri City Sweeping, Inc. for street sweeping services. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve a contract for environmental site assessment of the Gage Avenue property with RMT, Inc., Nederland, TX, in the amount of $2,500.00. All Voted Aye. Minutes continued, October 11, 1999 :2h BIDS A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Sawyer to award bids received for water inventory items to Golden Triangle Pipe and Water Supplies, Beaumont, TX, in the amount of $87,748.83. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to award bids received for wastewater inventory items to Coburn Supply, Beaumont, TX, in the amount of $22,648.18. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to award bids received for water and waste- water chemicals as follows: Chlorine (Ton Cylinders) - $0.1095/Ib to Coastal Products & Chemicals, Houston, TX; 25% Hydroflousilicic (4000 Gallon Tanker) - $0.0775/Ib to Skyhawk Chemicals, Inc., Houston, TX; Anhydrous Ammonia - $0.02050/Ib to LaRoche Industries, Inc., Seabrook, TX; 50/50 Caustic Blend - $208.00/Wet Ton to Houston Chemical Distributors, LLC, Algoa, TX; and, Ammonia Bisulfate - $0.115/Ib to Houston Chemical Distributors, LLC, Algoa, TX. All Voted Aye. STREET LIGHT A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Sawyer to authorize the installation of a street light at 916 Shannon Lane. All Voted Aye. GRANT A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the submission of a Solid Waste Grant application to the South East Texas Regional Planning Commission. All Voted Aye. PROPERTY A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to award bids received for the sale of the Nederland Fire Department's rescue truck and skid pump unit to the Orange County Emergency Services District No. 1 in the amount of $17,751.00. All Voted Aye. CHANGE ORDERS A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve Change Order No. 1 with Excavators & Constructors, Inc., pipe bursting, contingent upon the outstanding balance of $1,400.00 being deposited with the City by the residents by Friday, October 15, 1999. All Voted Aye. 1 Minutes continued, October 11, 1999 PAYMENTS A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to approve Change Order No. 2 in the amount of $546.13 with Brammer Construction, Inc., Wastewater Treat- ment Plant office/lab building project. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize payment to LD Construction in the amount of $1 1,171 .42, Avenue G asphalt paving. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payment to Norman Highway Constructors, Inc. in the amount of $30,223.78, Wagner Addition collection system improvements. All Voted Aye. A motion was made by Councilman Radcliff and seconded by Mayor Pro Tem Nugent to authorize payment of the bills for the month of September. All Voted Aye. EXECUTIVE A motion was made by Mayor Pro Tem Nugent and seconded by SESSION Councilman Sawyer to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reminded Council that the donation COMMENTS of the new fire rescue truck by the Nederland Volunteer Fire Department will be today at 6:00 p.m. Councilman Daughtry reported that the ditches on Hwy. 69 need to be cleaned out by the contractor, and the Stop sign at the intersection of Helena and Hwy. 69 needs to be replaced. ADJOURN There being no further business the meeting was adjourned at 4:05 p.m. by Mayor Pro Tem Nugent. ATTEST: (4amiv 6t .lnP LaDonna Floyd, City Secretary - - R. A. Nugent, g„Tem cam/ 0-`�� 270 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway 2 Mayor ?r r e) City Secretary 10-11 -9OO Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT 1 ABSENT 1 271 EXHIBIT A.3 Further Description of Basic Engineering Services and Related Matters This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on October . 1998 between the City of Nederland (OVdNQ2) and (ENGINEER) providing for professional engineering services. The time periods for the performance of certain services as indicated in Section 4 of the Agreement are stipulated as indicated below. Authorization for performance of the assignment described is given by signature of the authorized agents for the Owner and the Engineer below. The assignment is to provide the services as outlined below for those portions of lines in the Year 5 Rehabilitation (FY 02-03) program as identified in Table 8 of the July 1998 report "City of Nederland Wastewater Collection System Schedule for Rehabilitation" that are located in the Wagner Addition area. A copy of Table 8 is attached to this Exhibit. The following amounts are based on reimbursable compensation with the following amounts not to be exceeded without authorization. Description of Service Basic Services Final Design Phase Bid Phase Construction Phase Not to Exceed Amount Additional Services Surveying (Design Phase) Resident Representative** $ 7,400 $ 320 $ 800 $ 4,600 $ 4,900 ••Services for Resident Representative are planned for a part time basis. Schedule for Completion February 28, 2000 March 1, 2000 May 1, 2000 October 18, 1999 Per construction schedule Authorization of Additional Assignment for Year 2 Rehabilitation Contract dated October ,1999 between the City of Nederland and Schaumburg & Polk, Inc. City of Nederland Andre Wimer City Manager Attest Schaumburg & Polk, Inc. AL, L�1 /1f4F Gary C� raham Vice P esident Attest DF: \\\SPL SERVER\F-DRIVE\NED4t022 99-00 REHAB\INVOICE\NEDSSES-YEAR2ADO.DOC 09/27/99 Schaumburg & Polk, Inc. CONSULTING ENGINEERS 27' STATE OF TEXAS COUNTY OF JEFFERSON § SECOND RENEWAL AND § AMENDMENTS TO JOINT § LAND USE AGREEMENT I. RENEWAL OF LEASE The lease period shall be of a two (2) year term commencing January 1, 2000 and ending December 31, 2001. All previous conditions and provisions set forth in the original Joint Land Use Agreement, and as subsequently amended, are to remain in full force and effect during the renewal term. ACCEPTED: Agent for Mid County Municipal League, Lessor Printed Name Date: Agent for Mid -County Radio Control Club, Lessee Printed Name Date: CITY OF NEDERLAND ORDINANCE NO. 1999-15 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF A RIGHT-OF-WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dennis J. Bourque is the owner of the property adjacent to the right- of-way hereinafter described. WHEREAS, that said portion of said right-of-way is no longer used and the said above named property owner has requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the right-of-way, as hereinafter described; and WHEREAS, if there are utilities located in said right-of-way and if it is necessary to relocate the utilities in said right-of-way to be closed, the above named property owner has agreed to pay all expenses for the relocation of said utilities in exchange for the closing thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the following described portion of said right-of-way in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, closed and abandoned as a right-of-way: The six foot (6') right-of-way that extends 268'5" between Lots 6 and 7 in Block 1 of J. J. MATHERNE ADDITION, Jefferson County, Texas. SECTION 2: That the above named property owner pay all expenses for the relocation of the utilities located on the above described portion of said right-of-way, if any. SECTION 3: This ordinance shall be effective from and after its passage. SECTION 4: That the Mayor and City Secretary shall be authorized to sign and attest the transfer of this property by Quit -Claim Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the /1 day of £ tiD& At , 1999. U7 R. A. "Dic ATTEST: ctid LaDonna Floyd, City Secretary APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AttcFney rte„ Nugent, Mayor Pro Tem _'7,1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 25, 1999 MEETING The regular meeting was called to order at 6:00 p.m. by Mayor Pro Tem R. A. Nugent 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 Daughtry to approve the minutes of the October 1 1 , 1999 meeting as written. All Voted Aye. WATER AND Robert Sangster, Water Treatment Plant Supervisor, reported on SEWER the Consumer Confidence Report that was recently mailed to all water customers of the City of Nederland. Every water supplier in Texas is required to issue the CCR to all its customers on an annual basis. The report shows that Nederland's water quality does not exceed any of the allowable limits. STREETS Greg Frank, Costello, Inc., briefly reviewed the Main "C" Drainage Study. He stated that they prepared models of the area in order to make their recommendations and determine the causes of the drainage problems. Mr. Frank added that the main cause of street flooding is outfall pipes and inlets in subdivisions. A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve the Main "C" Drainage Study as prepared by Costello, Inc. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize the closure of 13t Street, from Atlanta Avenue to Nederland Avenue, on October 30, 1999, from 8:00 a.m. to 4:00 p.m. for the First United Methodist Church fall festival activities. All Voted Aye. J< 11Nommili 1 1 Minutes continued, October 25, 1999 WATER LINE A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to postpone action regarding the water line on Patillo Road. All Voted Aye. BIDS/PURCHASES A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to award bids received for repair work on the Hardy Avenue water storage tank to TMI Coatings, Inc., St. Paul, MN, in the amount of $153,400.00. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize the advertisement of bids for renovation of the Fire Station to be received Thursday, December 2, 1999 at 2:00 p.m. All Voted Aye. PROPERTY A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize the purchase of two (2) police cars from HGAC in the amount of $34,842.74. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the purchase of two (2) dump trucks from HGAC in the amount of $73,521.41. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize the purchase of a trash truck from HGAC in the amount of $104,920.08. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to authorize the purchase of 274 garbage containers from HGAC in the amount of $11,999.78. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize the purchase of a crew cab truck from HGAC in the amount of $28,968.19. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to reject bids received for the sale of a centrifuge that had been declared surplus. All Voted Aye. 275 Minutes continued, October 25, 1999 CONTRACTS A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to approve amending a contract between the City of Nederland and Jefferson County Rural Fire Prevention District No. 1 extending the term of the contract to June 11, 2020 for compensation in the amount of $80,000.00, contingent upon approval by the Fire District. All Voted Aye. DEVELOPMENT A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Sawyer to postpone accepting improvements in the Airport Plaza subdivision. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution No. 1999-20, authorizing a License to Encroach at 1425 Luling and authorizing the City Manager to sign the document. All Voted Aye. PAYMENTS A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize payment to Don S. Reichle & Associates in the amount of $6,800.00, Hardy Avenue elevated water storage tank. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payments to Schaumburg & Polk, Inc., as follows: $9,087.78, 1999-2000 wastewater system rehabilitation; $6,643.61, 1998-1999 wastewater system rehabilitation; $20,41 1.80, west annexation area water and sewer improvements; $26,507.69, wastewater system improvements; and, $2,164.00, Wagner Addition collection system improvements. All Voted Aye. A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to authorize payment to Brammer Construction, Inc. in the amount of $26,030.00, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Councilman Daughtry and seconded by Councilman Sawyer to authorize payment to Excavators & Constructors, Inc. in the amount of $63,161.00, 1998-1999 wastewater collection system rehabilitation. All Voted Aye. 1 a 1 Minutes continued, October 25, 1999 EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Mayor Pro Tem Nugent to authorize payment to G & G Enterprises in the amount of $27, 305.00, storage building at Doornbos Park. All Voted Aye. The regular meeting was recessed at 7:10 p.m. by Mayor Pro Tem Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551.071, Robert Miller v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treatment Plant; consultation with City Attorney regarding Texas Department of Transportation; consultation with City Attorney regarding Norman Highway Constructors, Inc.; and, Peter Anglin a/n/f Derek Knepp v. City of Nederland. RECONVENE The regular meeting was reconvened at 7:40 p.m. by Mayor Pro Tem Nugent. He announced that the Executive Session was held for informational purposes only. STREETS OFFICIALS' COMMENTS A motion was made by Mayor Pro Tem Nugent and seconded by Councilman Radcliff to postpone action hiring a consultant to evaluate Nederland Avenue and action requesting bids for repair work on Nederland Avenue. All Voted Aye. Andre' Wimer, City Manager, reported that the pipebursting project has been initiated by Excavators & Constructors. He also reported that the City once again was awarded the Certificate of Achievement for Excellence in Financial Reporting. ADJOURN There being no further business the meeting was adjourned at 7:50 p.m. by Mayor Pro Tem Nugent. oew•ica cr,/ LaDonna Floyd, City Secretary a R. A. Nugent, :yg,p, am•5Tef7i 3 11 A ,,,A1400.'** X74 2 7 `3 NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 /9 Mayor �o r^ )L< City Secretary /0 -4t Date TITLE Mayor Council Member - Ward 1 Council Member - Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager PRESENT I ABSENT 1 1 1 V THE STATE OF TEXAS COUNTY OF JEFFERSON FIRST AMENDMENT TO JEFFERSON COUNTY RURAL FIRE PREVENTION DISTRICT #1 AGREEMENT THIS FIRST AMENDMENT is entered into as.of the day of 1999, by and between the City of Nederland, a municipal corporation of the state of Texas, acting by and through the City Council of the City of Nederland, and the Jefferson County Rural Fire Prevention District #1, acting by and through its Commissioners. WITNESSETH WHEREAS, the parties hereto entered into an Agreement dated June 11, 1990 (the "Agreement"), a copy of which is attached and incorporated herein by reference; and WHEREAS, the parties now desire to modify certain provisions of the Agreement. NOW IHLREFORE, it is hereby agreed as follows: 1. Section VI of the Agreement is hereby revised to read as follows: "The term and duration of this Ageement shall be from June 11, 1990 through June 11, 2020." 2. It is expressly understood and agreed between the parties that the City of Nederland's obligation to furnish fire fighting equipment and personnel to the Jefferson County Rural Fire Prevention District #1 is restricted to and only includes the area within the geographical boundaries of Jefferson County Fire Prevention District #1 as they currently exist. 3. As consideration for this extension of the term and duration of the Agreement, Jefferson County Rural Fire Prevention District 01 agrees to pay the City of Nederland $80,000.00 compensation in the following manner: 7 I -28 a) The sum of $20,000.00 will be paid to the Nederland Volunteer Fire Department, Inc. upon approval of this Amendment by the parties as evidenced by their respective signatures; b) The sum of $60,000.00 to facilitate the purchase of a new fire truck (pumper), which sum will be paid to the City of Nederland within ten (10) days of written notification that the City has purchased said fire prevention equipment. 4. The City of Nederland shall have the right to terminate this Amended Agreement upon thirty (30) days written notice to the Jefferson County Rural Fire Prevention District #1 in the event full compensation is not paid as provided herein. Upon termination, the term and duration shall be as provided in the original Agreement, that is, from June 11, 1990 through June 11, 2005. 5. All other terms and conditions of the original Agreement, and as subsequently amended, are to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Jefferson County Rural Fire Prevention District #1 Agreement in multiple copies, each of which shall be deemed to be an original, effective as of the date countersigned by the City of Nederland. COMMISSIONERS OF THE JEFFERSON COUNTY RURAL FIRE PREVENTION DISTRICT #1 Witness Chairman Date: ATTEST: THE CITY OF NEDERLAAND LaDonna Floyd, City Secretary Homer E. Nagel, Mayor Richard D. Hughes, City Attorney 2 Date: 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 1999-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND CHRISTOPHER BRANDON SPELL, ET.UX., REGARDING ENCROACHMENTS ADJACENT TO LOTS 7, BLOCK 1, CESSAC NO. 1 TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Christopher Brandon Spell, et. ux., (Licensee) pertaining to encroachments adjacent to Lots 7, Block 1, Cessac No. 1, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the c?s day of Cfle%F;tn , 1999. lR1(749- R. . A. Nugentayor Pro Tem City of Nederland, Texas ATTEST: aDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorn City of Nederland, Texas 1 281 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. November 8, 1999 MEETING The meeting was called to order at 3:00 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 Daughtry to approve the minutes of the October 25, 1999 meeting as written. All Voted Aye. REQUESTS Rosie Gilchriest, 119 - 15th Street, addressed to Council relative to a request to have the City remove a tree from the front of her house. She stated that the tree is entirely in the City's right-of- way and she is afraid that it will fall on someone's house or a passing vehicle. Mrs. Gilchriest also asked about the liability issue if something is damaged by the tree, due to the fact that it is in the right-of-way. She feels that she should not be responsible for any damages or injuries. Mayor Nagel responded that it has been the policy of the City of Nederland to only remove trees that are declared to be a hazard. He added that this tree appears to be a healthy tree. Mayor Nagel also stated that after checking with area cities their policies are the same as ours. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to deny the request of Rosie Gilchriest, 119 - 15th Street, regarding the removal of a tree. All Voted Aye. Luther Day, 1320 South 36th Street, addressed the Council relative to the City's noise ordinance. He stated that on October 31, 1999, the Triumph Church conducted an outdoor concert next door to his property. Mr. Day added that he contacted the Nederland Police Department and was informed that since the activities were being held on commercially zoned property the 1 Minutes continued, November 8, 1999 noise ordinance was not sufficient to prohibit the concert until 9:00 p.m. He feels that the City should review the current ordinance and at least add some type of notification procedure to area residents in the event that such activities will be taking place. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to instruct the City Manager and staff to review other cities' ordinances and to report back to Council with a recommendation. All Voted Aye. DEVELOPMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone accepting improvements in the Airport Plaza subdivision. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Radcliff to amend a contract between the City of Nederland and Jefferson County Rural Fire Prevention District No. 1 to allow for additional time to make their payments to the City; and, to rescind the previous amendment to the contract which was approved at the October 25, 1999 meeting. All Voted Aye. WATER AND A motion was made by Mayor Nagel and seconded by Councilman SEWER Radcliff to approve Change Order No. 2 with Excavators & Constructors, Inc., 1998-1999 wastewater collection system rehabilitation, in the amount of + $29,377.59. All Voted Aye. LIBRARY A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the submission of the following grants for the Marion and Ed Hughes Public Library: Houston Area Library System, Automate Enhance Grant; Houston Area Library System, Older Adults Grant; Service League of Port Arthur; and, Public Library Association. All Voted Aye. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilman Daughtry to approve Ordinance No. 1999-16, Texas Municipal Retirement System, for updated service credits, 10 -year vesting, and restricted prior service credits. All Voted Aye. 283 .t Minutes continued, November 8, 1999 BIDS/PURCHASES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the advertisement of bids for lighting for the Parks and Recreation Department. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Sawyer to authorize the advertisement of bids for concrete repair work. All Voted Aye. RESOLUTIONS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1999-21, casting votes for Charles Lankford for the Jefferson County Appraisal District Board of Directors. All Voted Aye. PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Resolution 1999-22, approving the 1999 tax roll as certified by the Jefferson County Tax Office. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize payment to Excavators & Constructors, Inc. in the amount of $85,998.41, 1998-1999 wastewater collection system rehabilitation. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Sigma Engineers, Inc. in the amount of $6,004.00, Fire Station renovation engineering design services. 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 October, 1999. All Voted Aye. EXECUTIVE The regular meeting was recessed at 4:04 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551.071, Robert Miller v. City of Nederland; City of Nederland v. Engergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treat- ment Plant; consultation with City Attorney regarding Texas Department of Transportation matters; consultation with City Attorney regarding Norman Highway Constructors, Inc.,; and Vera Westfall, et al v. City of Nederland. Minutes continued, November 8, 1999 RECONVENE The regular meeting was reconvened at 4:20 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purpose only regarding hiring a consultant to evaluate Nederland Avenue. STREETS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to postpone hiring a consultant to evaluate Nederland Avenue; and, postpone action concerning repair work on Nederland Avenue. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that a Child Safety Program COMMENTS will be conducted at the Marion and Ed Hughes Public Library on Saturday, November 13', from 11:00 a.m. to 1:30 p.m. ADJOURN There being no further business the meeting was adjourned at 4:30 p.m. by Mayor Nagel. ATTEST: LaDorina Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas -} ���FR `1N0vi�' *s8 s CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT 1 ABSENT Homer Nagel Mayor k----- Robert /Robert Sawyer Council Member - Ward 1 ✓ Joe Daughtry Council Member - Ward.,2 ✓ Mike Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ,/ LaDonna Floyd City Secretary ,/ Richard Hughes City Attorney Billy Neal Chief of Police C/ Mike Lovelady Fire Chief ,/ Cheryl Dowden City Treasurer Steve Hamilton Director of Public Works V Rod Hatch Building Official Jim Weaver Parks & Recreation Director ✓ Victoria Klehn Librarian / Kelly Galloway Assistant to the City Manager I/ Mayor rt City Secretary /l-8-99 Date 1 1 287 CITY OF NEDERLAND ORDINANCE NO. 1999-16 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF NEDERLAND; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTION 852.105 AND 854.202 OF TITLE B. GOVERNMENT CODE, AS AMENDED; AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, the City of Nederland (the "City"), is a participating municipality in the Texas Municipal Retirement System (the "System"), and has 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 City Council desires to authorize funding of such benefits as herein provided: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: Removal of Statutory Maximum Contribution Rate Limitation Pursuant to Section 855.407(9) 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 rate of the total compensation paid by the City to employees who are members of the System, as the System's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the City under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the City's account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of City contributions. Section 2: Authorization of Undated Service Credits (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referrred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1' day of January of the calendar year preceding such allowance, by reason of service in the employment of the City (hereinafter called the "City"), and on such date had at least 36 months of credited 288 service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TRMS Act). (b) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). If the City has previously adopted, or if it hereafter adopts an ordinance authorizing Updated Service Credit for unforfeited credit for prior service or current service with any other participating municipality, the calculations and adjustments set forth in Section 853.601 of the TMRS Act shall apply to any such transferred service. (c) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (d) The initial allowance of Updated Service Credit hereunder shall be effective January 1, 2000, subject to approval by the Board of Trustees of the System. An allowance shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. (e) In accordance with the provisions of subsection (d) of Section 853.404 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. Section 3: Authorization of 10 -Year Vesting (a) An employee of the City who is a member of the System may terminate employment and remain eligible to retire and receive a service retirement annuity at any time after that member attains an applicable age and service requirement, if that member has at least ten (10) years of credited service performed for one or more municipalities that have authorized eligibility under Section 854.202(c) of the Act or are subject to Section 854.102(e) of the Act. (b) An employee of the City who is a member of the System may retire and receive a service retirement annuity if that member is at least sixty (60) years old and has at least ten (10) years of creditable service performed for one or more municipalities that either have authorized eligibility under this subsection or are subject to Section 854.102(e) of this subtitle. (c) The rights, credits and benefits herein above authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. 1 1 1 Section 4: Authorization of Restricted Prior Service Credit (a) On the terms and conditions set out in Sections 853.305 of Subtitle G of Title 8, Texas Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who is now or who hereafter becomes an employee of the City shall receive restricted prior service credit for service previously performed as an employee of any of the entities described in said Section 853.305 provided that (1) the person does not otherwise have credited service in the System for that service, and (2) the service meets the requirements of said Section 853.305. (b) The service credit hereby granted may be used only to satisfy length -of - service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and may not be used in other computations, including computation of Updated Service Credits. (c) A member seeking to establish restricted prior service credit under this ordinance must take action required under Section 853.305 while still an employee of this City. Section 5: Effective Date Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1' day of January, 2000. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the S day of nr.4r1,1)-(A_ , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: oft.D,g6D,tri LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas 1 289 29I CITY OF NEDERLAND RESOLUTION 1999-21 WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and, WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and, WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and, WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and, WHEREAS, the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the County Clerk before November 15th. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: Miriam Johnson Lane Plauche Eugene Landry Charles Lankford David W. Smith Fred L. Mitchell C. L. Sherman 58 SO RESOLVED, this the S day of , 1999. Homer E. Nagel, Ma or City of Nederland, Texas ATTEST: f � C 2J J LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard _ O iD. Hughes, City orney City of Nederland, Texas 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 1999 TAX ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT pursuant to the Texas Property Tax Code, Section 26.09, the City Council of the City of Nederland hereby approves the attached 1999 tax roll. PASSED AND APPROVED this the . day of I)Otxi-a/4A , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: \ctav, l LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ity Attorney City of Nederland, Texas 1 • REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 22, 1999 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 Radcliff to approve the minutes of the November 8, 1999 meeting as written. All Voted Aye. PRESENTATION Richard Bowman and Nell Shepherd of the Church of Jesus Christ of Latter -Day Saints presented the City with a framed proclamation that was prepared by the First Presidency and Council of the Twelve Apostles of the Church of Jesus Christ of Latter -Day Saints in 1995 that urges citizens and officers of government everywhere to promote those measures designed to maintain and strengthen the family as the fundamental unit of society. Mr. Bowman asked that the Council proclaim this week as "Family Week" in Nederland, Texas. MEETING STREETS A motion was made by Mayor Nagel and seconded by Councilman Sawyer to proclaim the week of November 22-28, 1999, as "Family Week" in Nederland, Texas. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to call for a Public Meeting to be held December 6, 1999 to discuss the City's Risk Management Plan as mandated by the Environmental Protection Agency. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to postpone hiring a consultant to evaluation Nederland Avenue, and taking action concerning repair work on Nederland Avenue. All Voted Aye. Minutes continued, November 22, 1999 DEVELOPMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to accept improvements in the Airport Plaza subdivision. All Voted Aye. FINANCES Cheryl Dowden, City Treasurer, reviewed the City's Quarterly Investment Report and the Annual Investment Report. A motion was made by Mayor Nagel and seconded by Councilman Nugent to accept the Quarterly Investment Report and Annual Investment Report as presented (see attached). All Voted Aye. ORDINANCES Andre' Wimer, City Manager, stated that in accordance with State statutes the City Council must stipulate the means by which the Public Hearings to discuss the proposed new Zoning Ordinance will be published. He added that staff has recommended that the Council approve publishing notice in the newspaper, printing notice on water bills, and posting notice at City Hall, the Library, and the Recreation Center. The Planning and Zoning Commission will meet on January 18th and 25th at 5:00 p.m. and a Joint Public Hearing between the Planning and Zoning Commission and the City Council will be conducted on February 14th at 5:00 p.m. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve the procedure to notify citizens of the Public Hearings to discuss the proposed new Zoning Ordinance by publishing in the newspaper, printing notice on water bills, and posting notice at City Hall, the Library, and the Recreation Center. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Nugent to approve the hiring of Public Sector Personnel Consultants in the amount of $4,900.00 to conduct a salary survey. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve a contract with T & N Laboratories, Inc. in an amount not to exceed $2,500.00 for laboratory testing at the Wastewater Treatment Plant. All Voted Aye. STREET LIGHTS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to authorize the installation of two (2) street lights at Nederland Avenue and 27`h Street. All Voted Aye. r AN., A 4,4 . Minutes continued, November 22, 1999 BIDS/ A motion was made by Councilman Nugent and seconded by PURCHASES Councilman Radcliff to award bid for the replacement of light fixtures in the City Office Building to B. C. Miller Electric Co., Inc., Nederland, TX, in the amount of $14,195.00. All Voted Aye. FRANCHISE FEES A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve the submission of H.B. 1777 documentation to the Public Utility Commission with the recommendations of the City Manager. All Voted Aye. APPOINTMENTS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize the appointment of the following to the Street Projects Committee: Edwin Anderson, Shirley Broussard, Larry Minaidi, Joe Pruett, Charlie Polk, Steve Clark, Everett Litchfield, Harold McGuire, Julia Massey, and Tim Sheffield. All Voted Aye. LICENSES, PERMITS, FEES A motion was made by Councilman Nugent and seconded by Councilman Radcliff to accept applications received for "on premise" consumption of alcoholic beverages in accordance with Ordinance No. 70 as follows: 1. B. K. Hammerly dba American Legion Post 493; 2. Irene Collins dba Irene's, Inc.; 3. R.H.M. Corporation dba LaSuprema; 4. Travis Neal Pearce dba Mazzio's Pizza; 5. Albert Ramirez dba Taco Rey; 6. Constantine Megas dba The Schooner; 7. Joe Tortorice dba Novrozsky's; 8. Sal Carfi dba Italian Restaurant and Flying Pizza; 9. Kimberly Sartin dba Sartin's Seafood; 10. Jefferson County Single Adult Club; and, 11. Christine M. Lemonis dba Primo's Italian Restaurante. All Voted Aye. WATER AND A motion was made by Councilman Sawyer and seconded by Mayor SEWER Nagel to approve Change Order No. 3 with Excavators & Constructors, Inc. in the amount of +$10,221.82, 1998-1999 wastewater collection system rehabilitation. All Voted Aye. PAYMENTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize payment to Schaumburg & Polk, Inc. as follows: $6,899.73, 1999-2000 wastewater system rehabilitation; $15,500.17, west annexation area water and sewer improvements; $401.10, standby generator study; $5,211.17, 1998-1999 wastewater system rehabilitation; $2,150.28, Sanitary Sewer Evaluation Survey; $645.00, Wagner Addition collection system improvements; and, $25,762.78, wastewater system improvements. All Voted Aye. 1 1 1 Minutes continued, November 22, 1999 A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Brammer Construction, Inc. in the amount of $7,521.27, Wastewater Treatment Plant lab/office building. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Kinsel Industries, Inc. in the amount of $79,200.00, influent lift station. All Voted Aye. EXECUTIVE A motion was made by Mayor Nagel and seconded by Councilman SESSION Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that the Marion & Ed Hughes COMMENTS Public Library will be closed Tuesday, November 30, 1999, for staff training on the new computer system. ADJOURN There being no further business the meeting was adjourned at 7:22 p.m. by Mayor Nagel. ATTEST: MAM/tet l9 . X X n 1,tY LaDonna Floyd, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor v City of Nederland, Texas E ts 295 NAME Homer Nagel Robert Sawyer Joe Daughtry I Mike Radcliff Dick Nugent Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Chief of Police Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Steve Hamilton Director of Public Works Rod Hatch I Building Official Jim Weaver Parks & Recreation Director Victoria Klehn Librarian Kelly Galloway 1 Assistant to the City Manager CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE 1 PRESENT 1 ABSENT Mayor ✓ Council Member - Ward 1 ✓ Council Member - Ward.,2 ,/ Council Member - Ward 3 ✓ Council Member - Ward 4 ✓ Mayor nn �aw C s City Secretary it -aa-99 Date 1 1 1 1 1 City of Nederland Homer E. Nagel, Mayor R. A. "Dick" Nugent, Mayor Pro tem Robert Sawyer, Councilman Joe Daughtry, Councilman Mike Radcliff, Councilman Andre Wimer, City Manager P.O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-1550 Investment Report For the Quarter Ending September 30, 1999 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 Andre' Wimer, City Manager (, .rte( o OOri�L Cheryl Ddwden, City Treasurer "Programmed for Progress" t 297 29 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 1999 Investments at Beginning of Period (7-1-99) $20,301,734.11 Purchases 19,481,560.91 Maturities 19,663,688.44 Investments at End of Period (9-30-99) $20,119,606.58 Maturity Summary at September 30, 1999 Less than 3 months ® 3 to 6 months NI 7 to 9 months 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 1999 299 Balance @ Balance @ 7-1-99 Purchases Maturities 9-30-99 General Fund 3,410,865.41 2,627,138.09 2,800,000.00 3,238,003.50 Library Fund 91,035.00 11,042.94 10,000.00 92,077.94 Water & Sewer Fund 2,179,472.58 ' 722,247.01 780,000.00 2,121,719.59 Motel Occupancy Tax Fund 8,704.53 112.04 8,816.57 Solid Waste Fund 81,560.61 1,049.70 82,610.31 Capital Outlay Fund 540,666.83 6,958.50 547,625.33 Police Narcotics Fund 68,468.47 20,621.61 35,000.00 54,090.08 SRF Escrow Fund 11,440,126.25 11,240,710.96 11,362,488.44 11,318,348.77 MCML Dispatch 22,257.10 283.25 22,000.00 540.35 Equipment Replacement Funds 3,765.10 48.46 3,813.56 Economic Development Fund 2,250,000.00 4,850,000.00 4,550,000.00 2,550,000.00 Parks & Recreation Special Fund 4,165.67 53.00 4,200.00 18.67 Bond Redemption Fund 200,646.56 1,295.35 100,000.00 101,941.91 20,301,734.11 19,481,560.91 19,663,688.44 20,119,606.58 Fund Allocation at September 30, 1999 (2.7%) Capital Outlay Fund (10.5%) Water & Sewer Fund (16.1%) General Fund (1.2%) Other (12.7%) Nederland EDC (56.3%) SRF Escrow Fund (0.5%) Bond Redemption Fund 30t City of Nederland Investment Report Schedule Investments for the Quarter ended September 30, 1999 CERTIFICATES OF DEPOSIT Certificate Number Interest Earned for Quarter ended Purchase Maturity Days to Interest September 30, Date Date be held Rate Face Amount 1999 Maturing during quarter ended September 30, 1999 97555 06/01/99 07/03/99 32 4.1500% 500,000.00 170.55 97556 06/01/99 07/03/99 32 4.1500% 250,000.00 85.27 97562 06/15/99 07/17/99 32 3.9100% 150,000.00 273.16 8425929 06/17/99 07/19/99 32 4.3100% 2,709,699.99 6,094.27 97520 04/26/99 07/25/99 90 4.3000% 1,000,000.00 2,945.21 97521 04/27/99 07/26/99 90 4.3400% 1,000,000.00 3,091.51 97437 02/11/99 08/10/99 180 4.3600% 10,000.00 106.31 97526 04/27/99 08/15/99 110 4.3600% 100,000.00 549.48 97597 07/17/99 08/16/99 30 4.3800% 150,000.00 540.00 97569 06/21/99 08/20/99 60 4.3700% 800,000.00 4,884.82 8531839 07/19/99 08/20/99 32 4.4600% 2,719,941.19 10,635.34 97576 06/26/99 08/25/99 60 4.3200% 100,000.00 662.80 97577 06/26/99 08/25/99 60 4.3200% 200,000.00 1,325.59 97579 06/26/99 08/25/99 60 4.3200% 20,000.00 132.56 97582 07/03/99 09/01/99 60 3.9400% 500,000.00 3,238.36 97583 07/03/99 09/01/99 60 3.9400% 250,000.00 1,619.18 97619 08/16/99 09/17/99 32 4.4300% 150,000.00 582.58 9634450 08/20/99 09/21/99 32 4.6000% 950,000.00 3,831.23 97624 08/20/99 09/21/99 32 4.2000% 800,000.00 2,945.75 97604 07/26/99 09/24/99 60 4.3600% 1,000,000.00 7,167.12 97605 07/26/99 09/24/99 60 4.3600% 1,000,000.00 7,167.12 Interest Earnings on Matured CDs for quarter ended September 30, 1999 58,048.21 Held at September 30, 1999 97639 09/17/99 10/19/99 32 4.2000% 150,000.00 224.38 9740946 09/22/99 10/22/99 30 4.7000% 978,752.00 1,008.25 97642 09/21/99 10/23/99 32 4.2200% 800,000.00 832.44 97626 08/25/99 10/24/99 60 4.7200% 1,700,000.00 7,914.08 97627 08/25/99 10/24/99 60 4.7200% 200,000.00 931.07 97628 08/25/99 10/24/99 60 4.7200% 20,000.00 93.11 97630 08/25/99 10/24/99 60 4.7200% 100,000.00 465.53 97655 09/24/99 10/26/99 32 4.3700% 1,000,000.00 718.36 97656 09/24/99 10/26/99 32 4.3700% 1,000,000.00 718.36 97632 09/01/99 10/31/99 60 4.6400% 500,000.00 1,843.29 97633 09/01/99 10/31/99 60 4.6400% 250,000.00 921.64 97558 06/04/99 11/11/99 160 4.6900% 2,790,000.00 42,302.52 97657 09/27/99 11/26/99 60 4.4700% 300,000.00 110.22 97614 08/10/99 02/06/2000 180 4.8900% 10,000.00 68.33 Interest Earnings on CDs held at September 30, 1999 58,151.58 Total Certificates of Deposit held at September 30, 1999 $9,798,752.00 City of Nederland Investment Report Schedule Investments for the Quarter ended September 30, 1999 1 INVESTMENT POOL - TEXPOOL 1 1 301 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/99 09/30/99 1 5.090% 1,910,865.41 27,138.09 1,938,003.50 Water & Sewer 07/01/99 09/30/99 1 5.090% 1,649,472.58 22,247.01 1,671,719.59 Parks & Rec. Fund 07/01/99 09/30/99 1 5.090% (34.33) 53.00 18.67 Bond Redemp. 07/01/99 09/30/99 1 5.090% 100,646.56 1,295.35 101,941.91 Capital Outlay Fund 07/01/99 09/30/99 1 5.00% 540,666.83 6,958.50 547,625.33 Motel Occupancy 07/01/99 09/30/99 1 5.d90% 8,704.53 112.04 8,816.57 Library Special 07/01/99 09/30/99 1 5.090% 81,035.00 1,042.94 82,077.94 Solid Waste Fund 07/01/99 09/30/99 1 5.090% 81,560.61 1,049.70 82,610.31 SRF Construction Fund 07/01/99 09/30/99 1 5.090% 921,890.87 13,844.39 935,735.26 MCML Dispatch 07/01/99 09/30/99 1 5.090% 257.10 283.25 540.35 Equipment Replacement Fund 07/01/99 09/30/99 1 5.090% 3,765.10 48.46 3,813.56 Police Narcotic Fund 07/01/99 09/30/99 1 5.090% 33,468.47 621.61 34,090.08 Totals for TEXPOOL Investments $5,332,298.73 $74,694.34 $5,406,993.07 30 ? City of Nederland Investment Report Schedule Investments for the Quarter ended September 30, 1999 GOVERNMENT SECURITIES Discount Note Maturities Interest Earned in Average Interest Quarter Ended Days Interest Principal Earned Prior September 30, Market Holding Period Held Rate Invested Periods 1999 Principal 04/01/99 07/02/99 92 4.771% 2,396,182.92 28,477.58 339.50 2,425,000.00 04/09/99 08/24/99 137 4.800% 999,985.64,, 10,257.20 7,757.16 1,018,000.00 05/10/99 09/24/99 137 4.800% 1,399,783.44 8,059.56 17,157.00 1,425,000.00 4,795,952.00 46,794.34 25,253.66 4,868,000.00 Discount Notes held at September 30, 1999 Interest Earned in Average Interest Quarter Ended Days to Interest Principal Earned Prior September 30, Market Holding Period Maturity Rate Invested Periods 1999 Principal 07/07/99 12/15/99 161 5.201% 2,424,378.08 28,391.52 2,452,769.60 08/24/99 12/31/99 177 5.624% 1,017,255.25 5,350.40 1,022,605.65 09/24/99 03/21/00 189 5.705% 1,435,396.25 486.75 1,435,883.00 4,877,029.58 0.00 34,228.67 4,911,258.25 U.S. Treasury Money Market 07/01/99 09/30/99 1 4.610% 2,603.26 1,143.80 2,603.26 Government Securities Held at September 30, 1999 $4,913,861.51 1 1 City of Nederland Investment Report Schedule September 30, 1999 Interest Earnings for Quarter Ended September 30, 1999 _ Bond Redemption Fund Capital Outlay Equipment Replacement Funds General Fund Library Fund MCML Dispatch Motel Occupancy Tax Fund Nederland Economic Development Parks & Recreation Special Fund Police Narcotic Account Solid Waste Fund 1996 SRF Fund Water Fund 1 1,844.83 6,958.50 48.46 41,053.30 1,217.58 283.25 112.04 24,666.35 53.00 847.28 1,049.70 146,256.21 27,129.76 $251,520.26 30,3 304 CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEARS 96-99 Fund SRF Escrow Fund Bond Fund -Water Plant Construction Bond Redemption Fund Capital Outlay Fund Equipment Replacement Fund General Fund Motel Occupancy Tax Fund Library Special Fund MCML Solid Waste Mid -Count' Central Dispatch Fund Nederland Economic Development Corp. Parks & Recreation Special Fund Police Narcotic Fund TX CDBG #716591 Fund Solid Waste Fund Water & Sewer Fund Interest Earned Interest Earned Interest Earned Interest Earned Fiscal Year Fiscal Year Fiscal Year Fiscal Year Ended 9/30/96 Ended 9/30/97 Ended 9/30/98 Ended 9/30/99 177,335.15 230,694.85 459,561.09 41,102.49 19,251.93 4,568.65 3,294.71 20,406.05 22,024.22 14,420.18 16,996.10 86,876.14 74,567.10 61,533.44 46,246.38 5,587.55 2,467.53 8,342.78 110,580.01 •• 85,021.14 108,652.25 158,447.25 5.12 205.31 512.49 2,686.03 7,319.34 12,216.30 6,398.31 190.43 0.00 118.85 364.29 1,201.68 20,319.80 61,771.91 66,428.65 88,627.26 424.20 648.60 312.47 3,183.72 2,835.40 2,113.12 3,151.51 3,805.27 12,647.49 11,409.32 9,272.11 5,906.00 91,032.28 93,886.08 101,958.77 111,078.35 $388,834.01 $561,557.31 $615,734.48 $913.881.65 1 1 1 City of Nederland Investment Interest Earned 'For Fiscal Year Ended September 30, 1999 SRF Escrow Fund Certificates of Deposit 2041079 2156155 2074635 7180692 7217549 7260703 7260978 7260871 7299486 7309680 7333669 7333229 7361262 7410375 7468974 7550251 7844860 7844860 8425929 8531839 9634450 9740946 97626 97558 Government Securities (F 313588 -DM -4 313397-R5-2 313396 -BS -1 313396-EC3 313384 -FG -9 313396 -HQ -9 313588 -KV -6 313396 -MC -4 313396-QN-6 313396 -TE -3 313588 -UP -8 Texpool Demand Deposit Interest 1 1 Maturity Purchase Date Date Certificate Interest Amount Rate Interest Earned FYE 9/30/99 08/14/98 10/13/98 3,700,000.00 4.8900% 6,457.04 09/22/98 10/23/98 1,300,000.00 4.3900% 3,596.19 08/25/98 10/26/98 15,000.00 3.9400% 43.79 09/30/98 11/02/98 31,000.00 2.8000% 76.10 10/13/98 11/13/98 3,500,000.00 3.4400% 10,225.80 11/02/98 12/04/98 31,000.00 2.5000% 67.95 11/02/98 12/04/98 144,000.00 3.5000% 441.94 11/02/98 12/04/98 809,000.00 4.2200% 2,993.72 11/19/98 12/21/98 2,500,000.00 4.0100% 8,789.04 11/25/98 12/28/98 305,000.00 4.2300% 1,166.43 12/04/98 12/31/98 31,000.00 3.1500% 72.23 12/04/98 12/31/98 144,000.00 4.1500% 442.06 12/21/98 12/31/98 2,500,000.00 4.3400% 2,972.60 01/09/99 02/09/99 2,993,000.00 4.3600% 11,083.11 02/09/99 03/12/99 2,993,000.00 4.3500% 11,057.69 03/12/99 04/13/99 2,700,000.00 4.5800% 10,841.39 04/13/99 05/14/99 2,700,000.00 4.2300% 9,699.99 05/14/99 06/15/99 2,709,699.99 4.3500% 10,296.98 06/17/99 07/19/99 2,709,699.99 4.3100% 10,241.20 07/19/99 08/20/99 2,719,941.19 4.4600% 10,635.36 08/20/99 09/21/99 950,000.00 4.6000% 3,831.22 09/22/99 10/22/99 978,752.00 4.7000% 1,008.25 08/25/99 10/24/99 1,700,000.00 4.7200% 8,103.96 06/04/99 11/11/99 2,790,000.00 4.6900% 57,359.34 NMA & FHLM Discount Notes) 10/05/98 03/25/99 2,342,234.54 4.9910% 54,765.46 10/05/98 12/01/98 2,341,578.23 5.0380% 18,421.77 12/10/98 02/10/99 1,373,240.58 5.0410% 11,759.42 12/10/98 04/09/99 983,966.67 4.9560% 16,033.33 02/10/99 05/07/99 1,384,498.50 4.7520% 15,501.50 04/01/99 07/02/99 2,396,182.92 4.7710% 28,817.08 04/09/99 08/24/99 999,985.64 4.8000% 18,014.36 05/10/99 09/24/99 1,399,783.44 4.8000% 25,216.56 07/07/99 12/15/99 2,424,378.08 5.2010% 28,391.52 08/24/99 12/31/99 1,017,255.25 5.6240% 5,350.40 09/24/99 03/21/00 1,435,396.25 5.7050% 486.75 52,732.17 2,567.39 459,561.09 30.5 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 1999 Interest Maturity Certificate Interest Earned FYE Purchase Date Date Amount Rate 9/30/99 Bond Redemption Fund Certificates of Deposit 7180744 09/30/98 11/02/98 530,000.00 3.8000% 1,765.70 7260839 11/02/98 12/04/98 530,000.00 3.5000% 1,626.59 7333274 12/04/98 12/31/98 530,000.00 4.1500% 1,627.03 97526 04/27/99 08/15/99 100,000.00 4.3600% 1,330.37 Texpool 4,986.07 Demand Deposit Interest 5,660.34 16,996.10 Capital Outlay Fund Certificates of Deposit 2097997 09/01/98 10/02/98 280,000.00 4.6100% 70.73 2116001 09/08/98 10/09/98 100,000.00 4.3400% 107.01 2115675 09/08/98 10/09/98 400,000.00 4.3400% 428.05 7217808 10/10/98 11/11/98 100,000.00 3.4400% 301.59 7217662 10/10/98 11/11/98 400,000.00 3.4400% 1,206.47 7217361 10/12/98 11/13/98 275,000.00 3.4400% 829.45 7285254 11/11/98 12/11/98 100,000.00 3.8900% 319.73 7285173 11/11/98 12/11/98 400,000.00 3.8900% 1,278.90 7285429 11/13/98 12/15/98 275,000.00 3.6200% 872.77 7341376 12/11/98 12/31/98 400,000.00 4.2200% 924.93 7341402 12/11/98 12/31/98 100,000.00 4.2200% 231.23 97413 01/25/99 02/24/99 400,000.00 4.1800% 1,374.25 97461 02/24/99 03/28/99 400,000.00 4.3800% 1,567.90 97492 03/29/99 04/30/99 400,000.00 4.4500% 1,560.55 97535 04/30/99 06/01/99 400,000.00 4.3000% 1,571.75 Texpool 29,265.89 Demand Deposit Interest 4,335.18 46,246.38 Equipment Replacement Fund Certificates of Deposit 97414 01/25/99 02/24/99 200,000.00 4.1800% 687.12 97460 02/24/99 03/28/99 200,000.00 4.3800% 783.95 97491 03/29/99 04/30/99 200,000.00 4.4500% 780.27 97534 04/30/99 06/01/99 200,000.00 4.3000% 753.97 Texpool 415.68 Demand Deposit Interest 4,921.79 8,342.78 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 1999 Interest Maturity Certificate Interest Earned FYE Purchase Date Date Amount Rate 9/30/99 General Fund Certificates of Deposit 2116124 09/06/98 10/06/98 200,000.00 4.5800% 150.57 7173586 09/28/98 10/30/98 100,000.00 3.9200% 322.27 7198079 10/06/98 11/06/98 200,000.00 3.7900% 643.78 7217329 10/12/98 11/13/98 8,000.00 2.4400% 17.11 2133369 09/15/98 11/16/98 200,000.00 4.7300% 1,221.46 7255996 10/30/98 12/01/98 100,000.00 3.5300% 309.51 7270175 11/06/98 12/08/98 200,000.00 3.9300% 689.09 7285348 11/13/98 12/15/98 8,000.00 2.6200% 18.38 7338570 12/08/98 12/31/98 200,000.00 3.7900% 477.65 7323475 12/01/98 12/31/98 100,000.00 4.3200% 355.07 97415 01/25/99 02/24/99 500,000.00 4.1800% 1,717.81 97436 02/11/99 03/13/99 800,000.00 4.3200% 3,032.54 97459 02/24/99 03/28/99 500,000.00 4.3800% 1,959.88 I 97472 03/16/99 04/17/99 800,000.00 4.4200% 3,100.05 97490 03/29/99 04/30/99 500,000.00 4.4500% 1,950.69 97515 04/17/99 05/19/99 800,000.00 4.1900% 2,938.74 97533 04/30/99 06/01/99 500,000.00 4.3000% 1,884.93 97548 05/19/99 06/20/99 800,000.00 4.2600% 3,052.74 97555 06/01/99 07/03/99 500,000.00 4.1500% 1,819.18 97569 06/21/99 08/20/99 800,000.00 4.3700% 5,757.16 97582 07/03/99 09/01/99 500,000.00 3.9400% 3,243.60 97624 08/20/99 09/21/99 800,000.00 4.2000% 2,946.08 97642 09/21/99 10/23/99 800,000.00 4.2200% 739.95 97632 09/01/99 10/31/99 500,000.00 4.6400% 1,843.29 Texpool 103,838.52 Demand Deposit Interest 14,417.20 158,447.25 Library Special Fund Certificates of Deposit 2580086 97437 97614 Texpool Demand Deposit Interest 01/01/98 01/01/99 10,004.51 5.1200% 142.39 02/11/99 08/10/99 10,000.00 4.3600% 216.95 08/10/99 02/06/2000 10,000.00 4.8900% 68.33 5,531.69 438.95 6,398.31 307 303 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 1999 Interest Maturity Certificate Interest Earned FYE Purchase Date Date Amount Rate 9/30/99 Mid -County Central Dispatch Fund Texpool 1,038.56 Demand Deposit Interest 163.12 1,201.68 Motel Occupancy Tax Fund Texpool 435.05 Demand Deposit Interest 77.44 512.49 Nederland Economic Development Corporation Certificates of Deposit 2041341 08/14/98 10/13/98 900,000.00 4.8900% 1,570.63 2072187 08/24/98 10/23/98 325,000.00 4.8200% 1,030.03 2074554 08/25/98 10/26/98 200,000.00 4.9400% 732.43 7180812 09/30/98 11/02/98 190,000.00 3.8000% 632.99 7217918 10/13/98 11/13/98 900,000.00 3.4400% 2,629.49 2071120 08/21/98 11/19/98 290,000.00 4.9100% 1,964.74 7247661 10/23/98 11/24/98 325,000.00 3.3900% 965.95 7247616 10/26/98 11/27/98 200,000.00 3.2600% 571.62 7261045 11/02/98 12/04/98 150,000.00 3.5000% 460.27 7260761 11/02/98 12/04/98 190,000.00 3.5000% 583.01 7299554 11/19/98 12/21/98 850,000.00 4.0100% 2,988.27 7307048 11/24/98 12/28/98 325,000.00 4.1500% 1,256.37 7312619 11/27/98 12/29/98 200,000.00 4.3200% 757.65 7333164 12/04/98 12/31/98 150,000.00 4.1500% 460.48 7333135 12/04/98 12/31/98 190,000.00 4.1500% 583.28 7361204 12/21/98 12/31/98 850,000.00 4.3400% 1,010.68 97411 01/25/99 03/26/99 1,000,000.00 4.2400% 6,981.99 97435 02/11/99 04/12/99 150,000.00 4.3500% 1,074.51 97412 01/25/99 04/25/99 1,000,000.00 4.3200% 10,778.49 97489 03/26/99 04/27/99 1,000,000.00 4.6700% 4,094.25 97508 04/12/99 05/14/99 150,000.00 4.3200% 568.17 97543 05/14/99 06/15/99 150,000.00 4.3200% 568.11 97525 04/27/99 06/26/99 100,000.00 4.2800% 704.80 97562 06/15/99 07/17/99 150,000.00 3.9100% 514.19 97520 04/26/99 07/25/99 1,000,000.00 4.3000% 10,640.24 97521 04/27/99 07/26/99 1,000,000.00 4.3400% 10,739.57 97597 07/17/99 08/16/99 150,000.00 4.3800% 540.00 97576 06/26/99 08/25/99 100,000.00 4.3200% 711.40 97619 08/16/99 09/17/99 150,000.00 4.4300% 582.57 City of Nederland Investment Interest Earned IFor Fiscal Year Ended September 30, 1999 Interest Maturity Certificate Interest Earned FYE Purchase Date Date Amount Rate 9/30/99 Nederland Economic Development Corporation (continued) 97604 07/26/99 09/24/99 1,000,000.00 4.3600% 7,179.95 97605 07/26/99 09/24/99 1,000,000.00 4.3600% 7,179.95 97639 09/17/99 10/19/99 150,000.00 4.2000% 224.38 97630 08/25/99 10/24/99 100,000.00 4.7200% 465.53 97656 09/24/99 10/26/99 1,000,000.00 4.3700% 718.36 97655 09/24/99 10/26/99 1,000,000.00 4.3700% 718.36 97657 09/27/99 11/26/99 300,000.00 4.4700% 110.22 Demand Deposit Interest 5,334.33 88,627.26 Parks & Recreation Special Fund Texpool 312.47 Police Narcotic Fund I Certificates of Deposit 2115785 09/08/98 10/09/98 25,000.00 3.3400% 20.59 2074033 08/25/98 10/26/98 12,000.00 3.9400% 34.97 7217730 10/10/98 11/11/98 25,000.00 2.4400% 53.48 7247632 10/26/98 11/27/98 12,000.00 2.2600% 23.78 7285238 11/11/98 12/11/98 25,000.00 2.8900% 59.38 7312512 11/27/98 12/29/98 12,000.00 3.3200% 34.93 7341389 12/11/98 12/31/98 25,000.00 3.2200% 44.11 97408 01/25/99 03/26/99 20,000.00 4.2400% 139.64 97487 03/26/99 04/27/99 20,000.00 4.6700% 81.89 97523 04/27/99 06/26/99 20,000.00 4.2800% 140.96 97579 06/26/99 08/25/99 20,000.00 4.3200% 142.28 97628 08/25/99 10/24/99 20,000.00 4.7200% 90.52 Texpool 2,284.98 3,151.51 Solid Waste Fund Certificates of Deposit 7217442 7261731 7285403 7333290 Texpool 10/12/98 11/13/98 30,000.00 2.4400% 64.18 11/02/98 12/04/98 20,000.00 2.5000% 43.84 11/13/98 12/15/98 30,000.00 2.6200% 68.91 12/04/98 12/31/98 20,000.00 3.1500% 46.60 5,682.47 5,906.00 TX CDBG #716591 Demand Deposit Interest 3,805.27 309 310 City of Nederland Investment Interest Earned For Fiscal Year Ended September 30, 1999 Interest Maturity Certificate Interest Earned FYE Purchase Date Date Amount Rate 9/30/99 Water Fund Certificates of Deposit 2115840 09/08/98 10/09/98 200,000.00 4.3400% 214.03 2072077 08/24/98 10/23/98 200,000.00 4.8200% 675.72 2072051 08/24/98 10/23/98 100,000.00 4.8200% 317.56 7217756 10/10/98 11/11/98 200,000.00 3.4400% 603.18 7217400 10/12/98 11/13/98 80,000.00 2.4400% 171.13 7247690 10/23/98 11/24/98 100,000.00 3.3900% 297.21 7247700 10/23/98 11/24/98 200,000.00 3.3900% 594.41 7261786 11/02/98 12/04/98 20,000.00 2.5000% 43.84 7285306 11/11/98 12/11/98 200,000.00 3.8900% 639.45 7285416 11/13/98 12/15/98 80,000.00 2.6200% 183.76 7307226 11/24/98 12/28/98 200,000.00 4.1500% 773.15 7307103 11/24/98 12/28/98 100,000.00 4.1500% 386.58 7341460 12/11/98 12/31/98 200,000.00 4.2200% 462.46 7333245 12/04/98 12/31/98 20,000.00 3.1500% 46.60 7361330 12/21/98 12/31/98 80,000.00 3.3400% 73.21 97409 01/25/99 02/24/99 250,000.00 4.1800% 858.90 97410 01/25/99 03/26/99 200,000.00 4.2400% 1,396.40 97462 02/24/99 03/28/99 250,000.00 4.3800% 979.94 97488 03/26/99 04/27/99 200,000.00 4.6700% 818.85 97494 03/29/99 04/30/99 250,000.00 4.4500% 975.34 97536 04/30/99 06/01/99 250,000.00 4.3000% 942.47 97524 04/27/99 06/26/99 200,000.00 4.2800% 1,409.60 97556 06/01/99 07/03/99 250,000.00 4.1500% 909.59 97577 06/26/99 08/25/99 200,000.00 4.3200% 1,422.79 97583 07/03/99 09/01/99 250,000.00 3.9400% 1,621.80 97627 08/25/99 10/24/99 200,000.00 4.7200% 905.21 97633 09/01/99 10/31/99 250,000.00 4.6400% 921.64 Texpool 87,859.20 Demand Deposit Interest 4,574.33 111,078.35 Water Plant Construction Fund Texpool 3,294.71 TOTAL INTEREST EARNED DURING FISCAL YEAR 98-99 5913,881.65 1 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. December 6, 1999 MEETING The meeting was called to order at 3:00 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 November 22, 1999 meeting as written. All Voted Aye. GRANTS A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize the submission of a grant application for the Marion and Ed Hughes Public Library to the Seawell Elam Foundation for collection development. All Voted Aye. PUBLIC MEETING Steve Hamilton, Director of Public Works, stated that the City's Risk Management Plan must be discussed at a public meeting in accordance with rules of the Environmental Protection Agency. All industries with hazardous chemicals are required to have a Risk Management Plan and due to the City having chlorine and ammonia on site we also fall into this category. Mr. Hamilton noted that the first step in the City's plan is to immediately notify the Fire and Police Departments by calling 9-1-1. In the event of an emergency the Plan sets out procedures to follow, and all operators at the Water and Wastewater Treatment Plants have been trained on hazardous chemicals and risk management. STREETS A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone hiring a consultant to evaluate Nederland Avenue and taking action concerning repair work on Nederland Avenue. All Voted Aye. 31 Minutes continued, December 6, 1999 ANNEXATION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to adopt an Annexation Plan as required by Texas Local Government Code, Sec. 43.052, to be effective December 31, 1999. All Voted Aye. ORDINANCE A motion was made by Councilman Sawyer and seconded by Mayor Nagel to approve Ordinance No. 1999-17, requiring Entergy Gulf States to book revenues from the sale of power from the River Bend Nuclear Station. All Voted Aye. RESOLUTION A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution 1999-24, nominating Interim Customer Care Solutions as an enterprise project. All Voted Aye. FINANCE - AUDIT A motion was made by Councilman Sawyer and seconded by Councilman Nugent to approve a revised engagement letter with Holliday, Lemons, & Cox, P.C. in order to provide for a Single Audit for the 1998-1999 Audit. All Voted Aye. CIVIL SERVICE A motion was made by Mayor Nagel and seconded by Councilman COMMISSION Nugent to appoint Rick Williams to the Civil Service Commission to fill the unexpired term of Billy Neal. All Voted Aye. BIDS A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to postpone awarding bid for renovation of the Fire Station. All Voted Aye. CONTRACTS/ A motion was made by Mayor Nagel and seconded by Councilman AGREEMENTS Sawyer to approve a contract with Neches Engineers for roof design and inspection work for the D. Bob Henson Office Building, R.S.V.P. building, Service Center and the Senior Citizen Building in the amount of $13,939.00. All Voted Aye. DEVELOPMENT A motion was made by Councilman Nugent and seconded by Councilman Radcliff to approve Resolution No. 1999-23, authorizing a License to Encroach at 216 South 1 1/2 Street and authorize the City Manager to sign the document. All Voted Aye. 1 1 Minutes continued, December 6, 1999 31 LICENSES, A motion was made by Councilman Sawyer and seconded by PERMITS, FEES Councilman Daughtry to approve the applications received for "on premise" consumption of beer and wine in accordance with Ordinance No. 70 as follows: 1. American Legion Post 493; 2. Irene's, Inc.; 3. LaSuprema; 4. Mazzio's Pizza; 5. Taco Rey; 6. The Schooner; 7. Novrozsky's; 8. Italian Restaurant and Flying Pizza; 9. Sartin's Seafood; 10. Jefferson County Adult Single Club; and, 11. Primo's Italian Restorante. All Voted Aye. PAYMENTS 6 EXECUTIVE SESSION A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Fugro South, Inc. in the amount of $1,534.50, Avenue G testing. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Radcliff to authorize payment to Excavators & Constructors, Inc. in the amount of $32,143.43, 1998-1999 wastewater collection system rehabilitation. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment of the bills for the month of November, 1999. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone the Executive Session. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, informed the Council that he wrote COMMENTS a letter to the Texas Department of Transportation requesting a street light to be located at the Helena Avenue extension and Hwy. 366. TxDOT responded that they will evaluate the request. He also informed the Council that the new Southwestern Bell telephone books are currently being delivered to customers and several of the City's telephone numbers were omitted. He contacted SWB and they did not know the reason for the omission. Mayor Nagel reminded everyone of the Christmas Parade to be held Tuesday, December 7th at 6:00 p.m. 1 314 Minutes continued, December 6, 1999 ADJOURN ATTEST: There being no further business the meeting was adjourned at 3:45 p.m. by Mayor Nagel. iC�a O&vti �o C -;Ar ��P LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 11, r CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Daughtry Council Member - Ward 2 Mike Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Secretary Richard Hughes City Attorney Billy Neal Chief of Police Mike Lovelady Fire Chief Cheryl Dowden City Treasurer Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks & Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor C Xc3lJ,r �� C �t on, `c,A City Secretary ra Co- 99 Date PRESENT ABSENT 31 316 CITY OF NEDERLAND ANNEXATION PLAN In accordance with S.B. 89 as approved by the 76th Texas Legislature in 1999, each municipality is required to adopt an annexation plan on or before December 31, 1999. The City of Nederland has adopted an annexation plan inclusive of the following provisions: 1. The annexation plan is prepared in accordance with Local Government Code Section 43.052. 2. The City does not propose to annex any area, that is not exempted by State law from the requirement to be included in an annexation plan, within three (3) years of the effective date of the annexation plan. 3. Property exempted from the requirement to be included on the annexation plan by Local Government Code Section 43.052(h) may be annexed by the City in accordance with State law. Accordingly, nothing herein shall be deemed a limitation on the City's ability to annex such property. 4. Three (3) years prior to the effective date of annexation of a non-exempt property, the annexation plan shall be amended to include such property. 5. The annexation plan may be amended at any time in accordance with State law. 6. The effective date of the annexation plan shall be December 31, 1999. 1 1 1 LL 1 1 CITY OF NEDERLAND ORDINANCE NO. 1999-17 AN ORDINANCE REQUIRING ENTERGY GULF STATES TO BOOK REVENUES FROM THE SALE OF POWER FROM THE RIVER BEND NUCLEAR STATION ATTRIBUTABLE TO THE 281 MW ACQUIRED FROM CAJUN ELECTRIC COOPERATIVE IN A SUSPENSE ACCOUNT PENDING FINAL DETERMINATION OF THE REGULATORY TREATMENT OF THAT PORTION OF RIVER BEND WHEREAS, the City of Nederland, Texas, is a regulatory authority under Tex. Uti/. Code §33.001, and has original jurisdiction over the rates, operations and services of Entergy Gulf States, Inc. (EGS) in the municipality. WHEREAS, on February 1, 1999, the City of Nederland, other cities, EGS, and other parties to EGS' rate case executed a settlement agreement which provided that the regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Power Cooperative would be determined in the 2001 rate case. WHEREAS, in May 1999, the Texas Legislature enacted amendments to the Public Utility Regulatory Act (PURA) which froze rates until January 1, 2002, thus eliminating the EGS rate case contemplated in the settlement agreement of the parties in PUC Docket No. 201 50, and the rate case required by the settlement agreement in the Gulf States/Entergy merger case, PUC Docket No. 11292. WHEREAS, as a result of the legislative changes which eliminated the rate case required by the Commissions's Order in Docket No. 11292 and contemplated in Docket No. 201 50, the Public Utility Commission of Texas ordered EGS to address the regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Cooperative in its S.B. 7 implementation proceeding. WHEREAS, EGS has unilaterally decided to withhold power generated at River Bend attributable to the 30% share from its Texas retail customers. WHEREAS, on July 23, 1999, EGS curtailed service to many firm distribution level customers because Entergy had insufficient power to supply its Texas retail customers. During such curtailments, power from the 30% of River Bend acquired from Cajun Electric Cooperative was sold off the Entergy system. WHEREAS, EGS is selling power generated at River Bend attributable to the 30% share off system; and, WHEREAS, the City Council having considered the changes to the settlement agreement, PURA, the Public Utility Commission of Texas orders concerning River Bend, EGS' service failures, and EGS' sale of power from the 30% of River Bend acquired from Cajun Electric Cooperative off system, is of the opinion that the revenues from the sale of power attributable to the 30% share of River Bend should be separately booked and accounted for pending regulatory determination of the disposition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: 31 318 SECTION 1: EGS shall separately book in a suspense account all revenues from the sale of River Bend power attributable to the 30% share acquired from Cajun Electric Cooperative pending regulatory determination of the appropriate regulatory treatment of such power. Such accounting shall begin with the settlement of the various lawsuits between EGS/Entergy and Cajun Electric Cooperative in December 1997 and shall include all assets transferred to Entergy or EGS by Cajun at the price paid by Entergy or EGS for such acquisition. The booking should also reflect the value of nuclear fuel acquired from Cajun, settlement proceeds, return of funds from the Court registry, decommissioning funds, and revenues from the sale of power attributable to the 30% share of River Bend since December 1997. The booking of revenues shall be updated monthly. SECTION 2: EGS shall provide the required accounting information and underlying support in such detail and format, and with such frequency as Cities' consultants, DUCI, and attorneys, Porter, Gay & Day, request. SECTION 3: Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City under the law to regulate the rates, operations, and services of EGS. SECTION 4: Should any part, sentence, or phrase of this ordinance be determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this ordinance shall not be adversely affected. No portion of this ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this ordinance are severable. SECTION 5: All ordinances, resolutions, or parts thereof in conflict herewith are repealed to the extent of such conflict. PASSED AND APPOVED by the City Council of the City of Nederland, Texas, this the Co day of i.e_.v-,/,<n 1999. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: v.. Richard D. Hughes, City Atto ney City of Nederland, Texas �-t/t3fizv���i-tel 'Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-24 WHEREAS, the Texas Department of Economic Development ("Development") designated the Beaumont/Nederland/Jefferson County Enterprise Zone (the "Zone") on January 9, 1998; and WHEREAS, Department will consider Interim Customer Care Solutions as an enterprise project pursuant to a nomination and an application made by the City of Nederland, Texas (the "City"); and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the Zone and to provide employment to residents of the Zone and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Interim Customer Care Solutions has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that Interim Customer Care Solutions meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Interim Customer Care Solutions is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business in the Zone and at least twenty-five percent (25%) of the business' new employees will be residents of a Zone within the City's jurisdiction or economically disadvantaged individuals; 2. Interim Customer Care Solutions is located in the Zone, or has made a substantial commitment to locate in the Zone, which has an unemployment rate of not less than one and one-half (1 % ) times the state unemployment rate; (or a population loss of at least twelve (12%) percent during the most recent six-year period or a population loss of a least four (4%) percent for the most recent three-year period) 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Zone; and 4. The designation of Interim Customer Care Solutions as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Zone. WHEREAS, the City finds that Interim Customer Care Solutions meets the criteria for tax relief and other incentives adopted by the City and nominates Interim Customer Care Solutions on the grounds that it will be located wholly within the Zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Interim Customer Care Solutions as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ;319 320 THAT the findings of the City and its actions approving this resolution taken at the Council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Interim Customer Care Solutions is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by the department and terminate five (5) years after that date of designation. PASSED AND APP,t;tOVED by the City Council of the City of Nederland, Texas, this the Co day of S (stn, , 1999. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: .U.v..nn.. ( O.,, LaDonna Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, t ty Attorney City of Nederland, Texas 1 1 1 CITY OF NEDERLAND RESOLUTION 1999-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND MICHAEL HUFF, ET.UX., REGARDING ENCROACHMENTS ADJACENT TO LOT 6, BLOCK 14, ANDERSON. ESTATES III TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Michael Huff, et. ux., (Licensee) pertaining to encroachments adjacent to Lot 6, Block 14, Anderson Estates III, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the (o day of (ari �wL , 1999. 1 ATTEST: a onna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: )Citt Richard D. Hughes, City A torney City of Nederland, Texas 1 32? REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 13, 1999 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 Radcliff to approve the minutes of the meeting of December 6, 1999 as written. All Voted Aye. RESOLUTION A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to approve Resolution 1999-25, authorizing submission of a grant application for Jefferson County Narcotics Task Force funding. All Voted Aye. LIBRARY A motion was made by Councilman Nugent and seconded by Councilman Radcliff to authorize a "Food for Fines" project from February 1-29, 2000. All Voted Aye. CONTRACTS/ A motion was made by Councilman Sawyer and seconded by AGREEMENTS Councilman Nugent to approve a contract with Excavators & Constructors, Inc. for sewer line replacement in the amount of $27,245.47, and declaring the repairs an emergency . All Voted Aye. BIDS/PURCHASES A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize the purchase of street signs from Roadrunner Traffic, Fort Worth, TX, in the amount of $6,600.00. All Voted Aye. A motion was made by Councilman Nugent and seconded by Councilman Radcliff to reject all bids received for lights at Doornbos Park and to authorize re -advertisement to include glass globes. All Voted Aye. Minutes continued, December 13, 1999 PAYMENTS A motion was made by Councilman Sawyer and seconded by Mayor Nagel to award bids received for concrete repair work to Excavators & Constructors, Inc., Beaumont, TX, as follows: large patch - $71.00/sq. yd; small patch - $50.00/sq. yd.; disposal - $10.00/sq. yd.; and, saw cut - $7.50/I.f. All Voted Aye. A motion was made by Mayor Nagel and seconded by Councilman Nugent to authorize payment to Excavators & Constructors, Inc. in the amount of $116,103.07, east annexation area water and sewer improvements. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to authorize payment to Kinsel Industries, Inc. in the amount of $166,794.01, influent lift station. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Councilman Daughtry to authorize payments to Schaumburg & Polk, Inc. as follows: $2,000.74, east annexation area water and sewer improvements; $1,898.76, 1999-2000 wastewater system rehabilitation; $24,150.07, west annexation area water and sewer improvements; $1,001.64, standby generator study; $2,957.63, 1998-1999 wastewater system rehabilitation; $215.00, Wagner Addition collection system improvements; and, $38,716.06, wastewater system improvements. AH Voted Aye. Richard Hughes, City Attorney, asked Rick Bourque, Schaumburg & Polk, Inc. to make a recommendation to the Council relative to the payment request of Norman Highway Constructors, Inc. Mr. Bourque stated that the Council needs to take final acceptance of the project since it is a Texas Water Development Board project. He added that there have been some corrective measures taken on the Avenue G overlay portion of the project, with the City of Nederland performing the repairs at a cost of $45,232.83. Mr. Bourque recommended the City authorize payment in the amount of $41,179.07. Mr. Kelly Donaldson, Attorney for Norman Highways Constructors, Inc., stated that the balance due the contractor is $83,878.87. He added that of the back -charges being withheld from his client they have no problem paying for the cleaning of vehicles in the amount of $1,417.04, but feel they should not be responsible for hot mix asphalt when the original specs did call for this material. 3? '.3 3 2 4 Minutes continued, December 13, 1999 Mr. Dave McClennan, Norman Highways Constructors, Inc., added that his company performed the road repairs according to the plans and specifications. He feels some of the problem with the bleeding of the oil was caused by the base. The materials they used were the same or exceeded what the specs called for. Mr. Hughes asked Mr. Donaldson what his client would agree to at this time. Mr. Donaldson stated that they would like to be paid the amount due - $41,179.07 - and then set up a meeting between the City, engineers, and Norman Highways to discuss the remaining issues. Mr. Hughes responded that he would like to discuss this matter with the Council in Executive Session. EXECUTIVE The regular meeting was recessed at 6:50 p.m. by Mayor Nagel for SESSION the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551 .071, Robert Miller v. City of Nederland; City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. regarding the Water Treat- ment Plant; consultation with City Attorney regarding Texas Department of Transportation matters; consultation with City Attorney regarding Norman Highway Constructors, Inc.; and Vera Westfall, et al v. City of Nederland. RECONVENE The regular meeting was reconvened at 7:35 p.m. by Mayor Nagel. He announced that the Executive Session was held for information purposes only. The item regarding Norman Highways Constructors, Inc. will be voted on during the regular meeting. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilman Daughtry to accept Mr. Kelly Donaldson's recommendation to authorize payment to Norman Highway Constructors, Inc. in the amount of $41,179.07, to be submitted to the Texas Water Development Board for approval; and, to authorize the City Attorney, City staff, Engineers, and Norman Highway Constuctors and their representatives to set up a meeting to discuss the disputed amounts of payments and make a recommendation to the City Council for consideration at the next meeting. All Voted Aye. 1 1 1 Minutes continued, December 13, 1999 STREETS A motion was made by Mayor Nagel and seconded by Councilman Nugent to postpone hiring a consultant to evaluation Nederland Avenue. All Voted Aye. A motion was made by Councilman Sawyer and seconded by Mayor Nagel to postpone action concerning repair work on Nederland Avenue. All Voted Aye. OFFICIALS' Andre' Wimer, City Manager, reported that he and Mayor Nagel, COMMENTS along with representatives from area cities, met with Texas Department of Transportation regarding the overpass. TxDOT will reduce the lane sizes from 16 feet to 10 feet and no concrete barrier will be constructed between lanes. He also reported that correspondence was received from TxDOT regarding the grant submitted for Boston Avenue beautification in which they stated that they will be recommending the project to the Commission in January. 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 1 Homer E. Nagel, Mayor City of Nederland, Texas 3`��1 3' NAME Homer Nagel Robert Sawyer Joe Daughtry Mike Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward 1 Council Member - Ward.2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Secretary City Attorney Chief of Police Fire Chief City Treasurer Director of Public Works Building Official Parks & Recreation Director Librarian Assistant to the City Manager Mayor City Secretary /3.49 Date PRESENT ABSENT 1 1 CITY OF NEDERLAND RESOLUTION 1999-25 WHEREAS, the Sheriff of Jefferson County has prepared a grant application to the Texas Narcotics Control Program for continuation of the grant that funds the Narcotics Task Force; and WHEREAS, the application proposes to continue the cooperative multi -jurisdictional Narcotics Task Force with the Police Departments in Nederland, Beaumont, Port Arthur, Groves, and Port Neches, and the Orange County Sheriffs Department; and WHEREAS, the federal funds available under the provisions of the National Anti - Drug Abuse Act of 1988 are being administered and disbursed pursuant to a statewide strategy developed by the Criminal Justice Division of the Governor's Office, and the application by the Jefferson County Sheriffs Department would be an appropriate expenditure of said funds in response to the statewide strategy and needs of the affected communities, to address the illegal drug trafficking activities therein. The City of Nederland pledges to operate this Narcotics Task Force and the use of this equipment in accordance with Criminal Justice Division and Texas Narcotics Control Program rules and regulations and affirms that in the event of loss or misuse of Criminal Justice Division funds, the City of Nederland assures that these funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council in a regular meeting duly convened and acting in its capacity as the governing body of Nederland, Texas, supports and endorses the application of the Jefferson County Sheriffs Department to apply for grant funds from the Texas Narcotics Control Program, as administered by the Criminal Justice Division, Office of the Governor, to continue funding for the Jefferson County Narcotics Task Force, and commits to provide the matching funds necessary to comply with grant conditions. PASSED AND APPROVED this the /3 day of!(.LPw-1fJrti , 1999. `Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 4,4V LaDo na Floyd, City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ity Attorney City of Nederland, Texas j 1 1 1