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2001REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. CALL MEETING TO ORDER January 8, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Nugent to approve the minutes of the December 18, 2000 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 3. WATER AND WASTEWATER Andre' Wimer, City Manager, explained that Schaumburg & Polk, Inc. has submitted a change order for the water and wastewater improvements in the west annexation area, Phase I, due to the necessity to relocate the water and sewer lines. The original plans called for the lines to be placed in TxDOT's right-of-way, however, after the plans were submitted to TxDOT for their approval they informed the City that there was a possibility of future road work in that ROW and if the lines needed to be moved the City would be responsible for all costs involved. Upon learning of this situation the City then approached the property owners along Hwy. 69 to request a 15' easement. The property owners were not agreeable to granting an easement. The City then had to conduct additional engineering studies to determine an alternative location to install these lines. Schaumburg & Polk discovered that the City has a 20' right- of-way along Bigelow and at the rear of the properties along Hwy. 69. The property owners were again contacted to inform them that an alternative route was discovered, but they were still dissatisfied with the location. The requested change order is a result of the lines having to be relocated in the rear of the property. 1 Minutes continued, January 8, 2001 Rick Bourque, Schaumburg & Polk, presented an aerial photo of the area in question showing the two proposed locations of the lines. He stated that there would be approximately $10,000 more in materials to locate the lines in the rear, but it would probably be offset because there would be no driveways to cross. Mr. Bourque added that for construction purposes the sewer lines would be easier to place in the rear of the property. He stated that the City could delay a decision on the water lines, but the sewer line issue needs to be resolved as soon as possible. Sonny Lawson, Lawson's Auto Salvage, Hwy. 69, addressed the Council relative the location of the water and sewer lines. He and the remaining property owners were in attendance and they all agree that they still do not want the lines on their property, but if that is the only alternative they would all grant an easement to the City. He added that if the lines are located in the rear the cost for them to tie into the main lines would be tremendous. Mr. Bourque stated that if the City is agreeable he would have a survey conducted of the properties in question. A motion was made by Councilmember Nugent and seconded by Mayor Nagel to postpone approval of Change Order No. 2 with Hart Construction, Inc. for water and wastewater improvements in the west annexation area, Phase I; and ' to authorize City staff to conduct a study and survey of the property along Hwy. 69 and to report the findings back to the Council. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 4. CONTRACT A motion was made by Councilmember Clayton and seconded by Mayor Nagel to grant authority to the Negotiating Team to extend the Collective Bargaining Contract between the City of Nederland and IAAF 3339. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 5. CLASS ACTION SUIT Richard Hughes, City Attorney, reported that the City received notification that a class action suit, Cities of Mercedes and Weslaco v. Rio Grande Valley Gas Company, and Southern Union Company, had settled the suit. The City of Nederland was invited to join in this class action in 1996 and at the time opted out. Apparently the City's correspondence was not received by the deadline and we were included in the settlement offer. The suit is based on franchise !10, Minutes continued, January 8, 2001 fees that should have been paid to the cities in the class action. Mr. Hughes added that at this time he does not know what the City's portion of the settlement will be. He is concerned with some of the language regarding franchise agreements as amended, therefore, he will try to obtain clarification on this matter. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to accept the settlement of class action suite in Cause No. C -4558-95-G2, Cities of Mercedes and Weslaco v. Rio Grande Valley Gas Company and Southern Union Company d/b/a/ Southern Union Gas Company; and, to authorize the City Attorney to obtain clarification on the franchise agreements and to accept if he feels it is in the best interest of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 6. PAYMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Hart Construction, Inc. in the amount of $53,076.71, west annexation area water and wastewater improvements, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to approve payments to d.p. Consulting Engineers, Inc. as follows: $16,837.35, upper Main "C" drainage improvements; $858.55, Boston Avenue pavement rehabilitation; and, $10,961 .16, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Sawyer to approve payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 7. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 004 Minutes continued, January 8, 2001 8. ADJOURN A motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ATTEST: �_XQ.Vowvy._•. C�k���/ LaDonna Floyd, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor �r City of Nederland, Texas 1 1 NAME Homer Nagel Robert Sawyer Joe Clayton Judy 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 1 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 Police Chief Fire Chief City Treasurer Director of Public Works Building Official Parks and Recreation Director Librarian Assistant to the City Manager PRESENT IABSENT I GO x,06 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1 6:00 p.m. January 22, 2001 MEETING CALLED TO ORDER 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve the minutes of the January 8, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 3. AUDIT Bill Cox, Holliday, Lemons & Cox, P.C., gave a brief overview of the FY 1999- 2000 annual audit. He stated that the City received an "unqualified opinion", which is the highest opinion a City can receive on their audit. Mr. Cox commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to accept the FY 1999-2000 audit as prepared by Holliday, Lemons & Cox, P.C. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 4. WATER AND SEWER - Water/Wastewater Improvements Rick Bourque, Schaumburg & Polk, Inc., stated that this change order is being requested due to the issue of water and wastewater line locations in the west annexation area, Phase I. He added that the difference in the cost to locate the lines in the front of the property along Hwy. 69 and the rear of the property is approximately $24,600. Mr. Bourque briefly reviewed the differences in price and pros and cons of the placement of the lines. are Minutes continued, January 22, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 2 with Hart Construction, Inc. for water and wastewater improvements in the west annexation area, Phase I; contingent upon the change order being within the range of the estimate of $103,006.39, and that easements are granted by the affected property owners. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. PERMIT A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve a permit with Centennial Oil & Gas for seismic testing in the west annexation area, contingent upon the proper insurance documents being received. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 6. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Council - member Clayton to approve Resolution 2001-01, urging the U. S. Environmental Protection Agency to finalize approval of the Clean Air Plan submitted in 1999 by the TNRCC for the Beaumont/Port Arthur area which includes Hardin, Jefferson and Orange Counties. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 7. APPOINTMENT A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Sawyer to approve the appointment of Joseph W. Neumann to serve as the City of Nederland representative on the Southeast Texas Regional Council on Aging. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. WAIVER A motion was made by Councilmember Clayton and seconded by Mayor Nagel to authorize the Jefferson County Mosquito Control District to fly at low altitudes as required for application of pesticides for the control of mosquitos within the city limits of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 008 Minutes continued, January 22, 2001 9. INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending December 31, 2000. 4 A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Nugent to accept the Quarterly Investment Report as presented by the Director of Finance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 10. BIDS/PROPOSALS A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to award bids received for drainage improvements (Drainage Area 1) to Excavators & Constructors, Inc., Port Arthur, TX, in the amount of $703,094.40. MOTION CARRIED. 11. CONTRACTS/AGREEMENTS Andre' Wimer, City Manager, explained that the Construction and Maintenance Agreement with TxDOT is for the Hwy. 69 crossing. The City had requested that TxDOT replace the underground culvert several years ago. He added that the City will fund the project and upon completion will be reimbursed by TxDOT. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve a Construction and Maintenance Agreement with the Texas Department of Transportation for Drainage Area 1, Hwy. 69 Crossing. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Mayor Nagel to approve a contract with Schaumburg & Polk, Inc. in the amount of $139,600.00 for improvements to Beauxart Garden Road. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Nugent to approve a contract with Excavators & Constructors, Inc. in the amount of $38,670.00 for sewer line replacement and declaring the procurement necessary to preserve and protect the public health and safety of the residents. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 6 0 . Minutes continued, January 22, 2001 12. ELECTION A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to authorize the payment of the election officials of the January 20, 2001 Special Election in the amount of $306.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 13. PAYMENTS A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve payment to Schaumburg & Polk, Inc. as follows: $175.04, 1999- 2000 collection system rehabilitation (Year 2); $8,069.14, west annexation area water and sewer improvements; $8,635.20, wastewater system improvements (Wastewater Treatment Plant); and, $408.50, Nederland Avenue surfacing. MOTION CARRIED. Ayes: Mayor Nagel, touncilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve payment to ALLCO, Inc. in the amount of $267,621.96, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Hart Construction in the amount of $47,612.92, water and wastewater improvements in west annexation area, Phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 14. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the 27`h Street and Helena Avenue intersection project has been experiencing delays due to TxDOT engineers. They had approximately 20 intersection projects in the area and apparently all other intersections have been completed and the contractor has been released. 10 TxDOT has agreed to perform this project under a separate contract, but due to scheduling and funding it will not be started until after September 1, 2001. He added that TxDOT would be agreeable to delay construction until the summer of 2002 because of the school traffic. Mr. Wimer also reported on a recent request received by Jim Weaver, Parks and Recreation Director. Mr. Weaver was asked by a citizen if he could use a racquetball court for his daughter to practice pitching a softball. Mr. Weaver denied the request because he feels that if he would have permitted this activity then he would have to allow for other requests he may receive. 16. ADJOURN A motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7:15 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Secretary City of Nederland, Texas 7�erv,5 Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 NAME Homer Nagel Robert Sawyer Joe Clayton Judy 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 gay -or City Clerk 1, aa�ol Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE I PRESENT Mayor Council Member- Ward 1 Council Member- Ward 2 Council Member- Ward 3 Council Member- Ward 4 City Manager City Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director Librarian Assistant to the City Manager ABSENTI O11 1 ? City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2000 Investments at Beginning of Period (10-1-00) Purchases Maturities Investments at End of Period (12-31-00) Maturity Summary at December 31, 2000 $16,670,205.82 9,551,267.29 12,141,629.76 $14.079,843.35 M Less than 3 months 0 3 to 6 months M 7 to 9 months 1 L� 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2000 Fund Allocation at December 31, 2000 1 (14.2%) Water & Sewer Fund (0.8%) Bond Redemption Fund (45.3%) SRF Escrow Fund 1%) General Fund (37%) Capital Outlay Fund 6%) Drainage Construction Fund (0.5%) Other 013 Balance @ Balance @ 10-1-00 Purchases Maturities 12-31-00 General Fund 2,057,583.26 34,042.36 2,091,625.62 Library Fund 27,079.33 282.57 27,361.90 Water & Sewer Fund 1,974,643.86 425,224.98 400,000.00 1,999,868.84 Motel Occupancy Tax Fund 9,360.57 154.87 9,515.44 Solid Waste Fund 629.27 10.41 639.68 Capital Outlay Fund 511,352.20 8,460.24 519,812.44 Drainage Construction Fund 3,200,000.00 304,533.53 604,533.53 2,900,000.00 Police Narcotics Fund 36,193.52 598.81 36,792.33 SRF Escrow & Construction Funds 8,744,493.04 6,776,158.27 9,137,096.23 6,383,555.08 MCML Dispatch 573.70 9.49 583.19 Equipment Replacement Fund 45.26 0.75 46.01 Economic Development Fund 0.00 2,000,000.00 2,000,000.00 0.00 Parks & Recreation Special Fund 19.83 0.33 20.16 Bond Redemption Fund 108,231.98 1,790.68 110,022.66 16,670,205.82 9,551,267.29 12,141,629.76 14,079,843.35 Fund Allocation at December 31, 2000 1 (14.2%) Water & Sewer Fund (0.8%) Bond Redemption Fund (45.3%) SRF Escrow Fund 1%) General Fund (37%) Capital Outlay Fund 6%) Drainage Construction Fund (0.5%) Other 013 Investment Report Schedule Investments for the Quarter ended December 31, 2000 CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to be Interest December 31, Number Date Date held Rate Face Amount 2000 Maturing during quarter ended December 31, 2000 332741 08/08/00 10/07/00 60 6.0200% 1,500,000.00 1,763.27 332733 09/09/00 10/11/00 32 4.8800% 1,005,355.92 1,475.68 332808 08/21/00 10/20/00 60 6.0400% 1,084,135.18 3,611.06 97814 04/27/00 10/24/00 180 5.7400% 200,000.00 810.78 332550 10/12/00 11/13/00 32 5.8800% 1,009,654.31 5,203.56 332816 08/28/00 11/26/00 90 6.1000% 300,000.00 2,879.01 333137 10/30/00 11/29/00 30 5.9300% 1,000,000.00 4,872.09 332550 11/13/00 12/15/00 32 4.8800% 1,014,857.87 4,339.02 332667 10/24/00 12/23/00 60 6.1200% 200,000.00 5,717.30 620285 11/29/00 12/29/00 30 5.8700% 1,000,000.00 4,822.68 332818 11/27/00 12/29/00 32 6.0800% 304,533.53 1,623.02 Interest Earnings on Matured CDs for quarter ended December 31, 2000 37,117.47 Held at December 31, 2000 97760 02/07/00 01/02/01 330 5.8100% 10,000.00 146.44 620327 12/15/00 01/16/01 32 5.2900% 1,019,196.89 2,363.42 332659 12/23/00 01/24/01 32 5.6500% 200,000.00 247.67 332691 08/07/00 02/01/01 178 6.3000% 250,000.00 3,969.86 332824 08/28/00 02/24/01 180 6.0600% 500,000.00 7,637.26 332832 08/28/00 04/25/01 240 5.9000% 1,000,000.00 14,871.23 332840 08/28/00 06/24/01 300 5.8000% 1,000,000.00 14,619.17 332857 08/28/00 08/23/01 360 5.8000% 400,000.00 5,847.68 Interest Earnings on CDs held at December 31, 2000 49,702.73 Total Certificates of Deposit held at December 31, 2000 $4,379,196.89 1 Investment Report Schedule Investments for the Quarter ended December 31, 2000 LSTMENT POOL - TEXPOOL Totals for TEXPOOL Investments $4,408,419.98 $72,936.55 $4,481,356.53 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 10/01/00 12/31/00 1 6.53% 2,057,583.26 34,042.36 2,091,625.62 Water & Sewer 10/01/00 12/31/00 1 6.53% 1,524,643.86 25,224.98 1,549,868.84 Parks & Rec. Fund 10/01/00 12/31/00 1 6.53% 19.83 0.33 20.16 Bond Redemp. 10/01/00 12/31/00 1 6.53% 108,231.98 1,790.68 110,022.66 Capital Outlay Fund 10/01/00 12/31/00 1 6.53% 511,352.20 8,460.24 519,812.44 Motel Occupancy 10/01/00 12/31/00 1 6.53% 9,360.57 154.87 9,515.44 Library Special 10/01/00 12/31/00 1 6.53% 17,079.33 282.57 17,361.90 Solid Waste Fund 10/01/00 12/31/00 1 6.53% 629.27 10.41 639.68 SRF Construction Fund 10/01/00 12/31/00 1 6.53% 142,707.20 2,361.06 145,068.26 MCML Dispatch 10/01/00 12/31/00 1 6.53% 573.70 9.49 583.19 Equipment Replacement Fund 10/01/00 12/31/00 1 6.53% 45.26 0.75 46.01 Police Narcotic Fund 10/01/00 12/31/00 1 6.53% 36,193.52 598.81 36,792.33 Totals for TEXPOOL Investments $4,408,419.98 $72,936.55 $4,481,356.53 1 1 Investment Report Schedule Investments for the Quarter ended December 31, 2000 GOVERNMENT SECURITIES Maturities Interest Earned in A 1 Average Interest Quarter Ended Days Interest Principal Earned Prior December 31, Market Holding Period Held Rate Invested Periods 2000 Principal 01/06/00 10/18/00 286 5.780% 2,480,610.89 111,873.92 7,515.19 2,600,000.00 02/18/00 11/10/00 266 5.900% 1,042,482.06 40,194.00 7,323.94 1,090,000.00 14,839.13 3,690,000.00 Held at December 31, 2000 Interest Earned in Average Interest Quarter Ended Days to Interest Principal Earned Prior December 31, Market Holding Period Be Held Rate Invested Periods 2000 Principal 10/18/00 01/18/01 92 6.457% 2,597,833.33 0.00 34,616.27 2,632,449.60 03/22/00 03/31/01 375 4.875% 1,437,324.32 10,155.83 8,869.85 1,456,350.00 43,486.12 4,088,799.60 U.S. Treasury Money Market 10/01/00 12/31/00 1 5.900% 1,177,881.44 4,500.64 1,182,382.08 Total Interest Earned in Quarter Ended December 31, 2000 $62,825.89 Government Securities Held at December 31, 2000 $5,271,181.68 1 Investment Report Schedule Investments for the Quarter ended December 31, 2000 i TEREST EARNED ON DEMAND DEPOSITS $107,557.03 1 Interest Average Earned -Quarter Days to Interest ended December Period Held Maturity Rate 31, 2000 Bond Redemp. 10/01/00 12/31/00 1 5.84% 7,844.89 CDBG #716591 Fund 10/01/00 12/31/00 1 5.84% 668.29 Court Technology Fund 10/01/00 12/31/00 1 5.84% 49.20 Drainage Construction Fund 10/01/00 12/31/00 1 5.84% 2,291.67 Equipment Replacement Funds 10/01/00 12/31/00 1 5.84% 2,112.40 General Fund 10/01/00 12/31/00 1 5.84% 19,161.60 Library Special 10/01/00 12/31/00 1 5.84% 647.24 MCML Dispatch 10/01/00 12/31/00 1 5.84% 4.69 Motel Occupancy 10/01/00 12/31/00 1 5.84% 24.94 Nederland Economic Development 10/01/00 12/31/00 1 5.84% 27,571.68 Parks & Rec. Fund 10/01/00 12/31/00 1 5.84% 3.68 Police Narcotic Fund 10/01/00 12/31/00 1 5.84% 820.19 Solid Waste Fund 10/01/00 12/31/00 1 5.84% 351.44 Construction & Escrow Funds 10/01/00 12/31/00 1 5.84% 38,729.77 Fund FS 10/01/00 12/31/00 1 5.84% 4,595.96 S Certificate Fund 10/01/00 12/31/00 1 5.84% 834.38 Water & Sewer 10/01/00 12/31/00 1 5.84% 1,845.01 $107,557.03 1 01 Investment Report Schedule December 31, 2000 Interest Earnings for Quarter Ended December 31, 2000 Bond Redemption Fund $9,635.57 CDBG #716591 668.29 Capital Outlay 8,460.24 Court Technology Fund 49.20 Drainage Construction Fund 49,769.04 Equipment Replacement Funds 2,113.15 General Fund 53,203.96 Library Special Fund 1,076.25 MCML Dispatch 14.18 Motel Occupancy Tax Fund 179.81 Nederland Economic Development 37,266.45 Parks & Recreation Special Fund 4.01 Police Narcotic Account 1,419.00 Solid Waste Fund 361.85 SRF Escrow & Construction Funds 122,672.73 SSES Fund 4,595.96 W & S Certificate Fund 834.38 Water Fund 37,815.60 $330,139.67 1 1 1 1 019 CITY OF NEDERLAND RESOLUTION NO. 2001-01 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS URGING THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO FINALIZE APPROVAL OF THE CLEAN AIR PLAN SUBMITTED IN 1999 BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) FOR THE BEAUMONT/PORT ARTHUR AREA WHICH INCLUDES HARDIN, JEFFERSON AND ORANGE COUNTIES, THAT MAINTAINS THE MODERATE OZONE NONATTAINMENT STATUS AND PROVIDES FOR 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 nonattainment area for ozone by the United States Environmental Protection Agency (EPA), and; WHEREAS, the South East Regional Planning Commission Air Quality Advisory Committee (SETRPC AQAC) in conjunction with local, state and federal elected officials and area plant managers, have worked diligently to demonstrate to the EPA that ozone causing pollutants are transported into Southeast Texas from a significant upwind source, the Houston/Galveston (HGA) area, 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 HGA prohibit the Hardin, Jefferson and Orange county region from reaching attainment until the HGA area does so, and; WHEREAS, the TNRCC has provided agency staff and resources to prepare the air dispersion modeling and other technical data needed to complete the proposed clean air plan and submitted it to the EPA for their consideration in accordance with all EPA's applicable guidelines and criteria, and; WHEREAS, local, state and federal elected officials and area plant managers have worked diligently to facilitate the review and timely approval of the proposed State Implementation Plan (SIP) by the EPA, and; WHEREAS, the EPA announced on December 19, 2000, a proposal to approve a clean air plan for the Beaumont/Port Arthur (BPA) area. The plan, formally known as the ozone attainment demonstration SIP, details how the BPA area will ensure it meets the national health -based air quality standard for ozone by 2007, and; WHEREAS, the BPA clean air plan is the first in Texas where EPA recognized the impact of ozone traveling from the HGA area to other areas in the state. Asa result of the impact of ozone . from Houston, the EPA has given the BPA area the same clean air attainment date as the HGA area, 2007. NOW THEREFORE, BE IT HEREBY RESOLVED The South East Texas Regional Planning Commission and the City of Nederland, strongly co20 urge the EPA to approve the proposed clean air plan which maintains the moderate ozone nonattainment status for Hardin, Jefferson and Orange counties and provide an attainment date of 2007 to coincide with the HGA area's attainment date. INTRODUCF�D AND ADOPTED BY THE City ofNederland ofNederland, Texas on this day of J Qe �, 2001. Homer E. Nagel Mayor City ofNederland, Texas ATTEST: LaDonna Floyd, City Clerk City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: I2ich�Dli.ghes,City Atto ey City ofNederland, Texas 1 021 MEETING OF THE LOCAL CANVASSING AUTHORITY OF THE CITY OF NEDERLAND 2:00 p.m. January 23, 2001 1. MEETING CALLED TO ORDER The meeting was called to order at 2:00 p.m. by Mayor Homer E. Nagel at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. MEMBERS PRESENT In accordance with Texas Election Code, Sec. 67.004, two members of the authority constitute a quorum for purposes of canvassing an election. Mayor Homer E. Nagel and Mayor Pro Tem Robert Sawyer. City staff present: Andre' Wimer, City Manager, and LaDonna Floyd, City Secretary. 3. CANVASS OF SPECIAL ELECTION ' Sonya Willis, Presiding Judge, stated that all thirty six (36) charter change propositions were approved by the voters. She added that there were a total of 88 voters in this election. The results of the election and each proposition were as follows: CHARTER PROPOSITION NO. 1 Shall Section 1.02 of Article I of the City Charter be amended so that it specifies a Council -Manager form of government and describes the authority of the City Council and City Manager? Early Voting 39 For 0 Against Election Day 39 For 9 Against Combined Totals 78 For 9 Against CHARTER PROPOSITION NO. 2 Shall Section 1.03 of Article I of the City Charter be amended so that it describes the boundaries of the City limits by an official map to be kept in the office of the City Clerk? Early Voting 39 For 0 Against Election Day 46 For 2 Against Combined Totals 85 For 2 Against CHARTER PROPOSITION NO. 3 Shall Section 1.04 (a) through (g) of Article I of the City Charter be repealed and replaced new Section 1.04 which describe the annexation and disannexation procedures as authorized by State law? Early Voting 39 For 0 Against Election Day 45 For 2 Against Combined Totals 84 For 2 Against CHARTER PROPOSITION NO. 4 Shall Section 1.05 of Article I of the City Charter be amended so the City shall, by ordinance, divide the City into four (4) wards? Early Voting 38 For 1 Against Election Day 46 For 3 Against Combined Totals 84 For 4 Against CHARTER PROPOSITION NO. 5 Shall Section 1.06 of Article I of the City Charter be amended so the City Council shall have the power to alter ward boundaries? Early Voting 38 For 1 Against Election Day 39 For 10 Against Combined Totals 77 For 11 Against CHARTER PROPOSITION NO. 6 Shall Section 2.04 of Article II of the City Charter be amended so Corporation Court shall be known as the Municipal Court, here and throughout the charter? Early Voting 36 For 2 Against Election Day 44 For 3 Against Combined Totals 85 For 5 Against ki 1 1 Minutes continued, January 23, 2001 CHARTER PROPOSITION NO. 7 Shall Section 3.01 of Article III of the City Charter be repealed and each section thereafter be renumbered accordingly? Early Voting 38 For 1 Against Election Day 42 For 7 Against Combined Totals 80 For 8 Against CHARTER PROPOSITION NO. 8 Shall Section 3.02 of Article III of the City Charter be amended to provide that there shall be an automatic resignation of a councilmember in the event such councilmember runs for Mayor and that such resignation would be effective as of the date of the election to which the candidacy of Mayor position relates? Early Voting 39 For 0 Against Election Day 42 For 7 Against Combined Totals 81 For 7 Against CHARTER PROPOSITION NO. 9 Shall Section 3.03 of Article III of the City Charter be amended to clarify the qualifications of City Council candidates? Early Voting 39 For 0 Against Election Day 43 For 6 Against Combined Totals 82 For 6 Against CHARTER PROPOSITION NO. 10 Shall Section 3.05 of Article III of the City Charter be amended to clarify Mayor and Councilmember compensation? Early Voting 39 For 0 Against Election Day 43 For 6 Against Combined Totals 82 For 6 Against 024 Minutes continued, January 23, 2001 CHARTER PROPOSITION NO. 11 Shall Section 3.06 of Article III of the City Charter be amended to delete the last paragraph of this section? Early Voting 36 For 3 Against Election Day 38 For 10 Against Combined Totals 74 For 13 Against CHARTER PROPOSITION NO. 12 Shall Section 3.07 of Article III of the City Charter be amended to delete the last sentence of this section? Early Voting 36 For 3 Against Election Day 38 For 10 Against Combined Totals 74 For 13 Against CHARTER PROPOSITION NO. 13 Shall Section 3.12 of Article III of the City Charter be amended to provide that the City Clerk shall keep a permanent journal reflecting minutes of the meetings in accordance with State law? Early Voting 38 For 0 Against Election Day 48 For 1 Against Combined Totals 86 For 1 Against CHARTER PROPOSITION NO. 14 Shall Section 3.13 of Article III of the City Charter be amended to provide that all meetings of the City Council shall comply with the Texas Open Meetings Act now existing or hereafter amended? Early Voting 38 For 0 Against Election Day 48 For 1 Against Combined Totals 86 For 1 Against i CHARTER PROPOSITION NO. 15 1 Shall Section 4.01(b) of Article IV of the City Charter be amended to clarify powers of the City Council regarding appointment and/or removal of the City Manager? Early Voting 38 For 0 Against 025 Election Day 45 For 4 Against Combined Totals 83 For 4 Against CHARTER PROPOSITION NO. 16 Shall Section 4.05 of Article IV of the City Charter be amended to change the title of the City Secretary to City Clerk, here and throughout the charter? Early Voting 39 For 0 Against Election Day 45 For 3 Against Combined Totals 84 For 3 Against CHARTER PROPOSITION NO. 17 Shall Section 4.07 of Article IV of the City Charter be amended to change the title of the City Treasurer to Director of Finance, here and throughout the charter? Early Voting 39 For 0 Against Election Day 42 For 7 Against Combined Totals 81 For 7 Against CHARTER PROPOSITION NO. 18 Shall Section 4.08 of Article IV of the City Charter be amended to delete the selection and removal procedures for the Chief of Police? Early Voting 35 For 4 Against Election Day 38 For 11 Against Combined Totals 73 For 15 Against CHARTER PROPOSITION NO. 19 Shall Section 4.10 of Article IV of the City Charter be amended to delete the "indefinite period" of appointment for the Fire Marshall? Early Voting 37 For 2 Against Election Day 43 For 4 Against Combined Totals 80 For 6 Against CHARTER PROPOSITION NO. 20 Shall Section 5.01 of Article V of the City Charter be amended to comply with the Council -Manager form of government? Early Voting 39 For 0 Against Election Day 40 For 9 Against Combined Totals 79 For 9 Against CHARTER PROPOSITION NO. 21 Shall Section 5.02 of Article V of the City Charter be amended to clarify term and salary procedures of the City Manager? Early Voting 39 For 0 Against Election Day 41 For 8 Against Combined Totals 80 For 8 Against CHARTER PROPOSITION NO. 22 Shall Section 5.04 of Article V of the City Charter be amended to provide for procedures to appoint a person to perform the duties of the City Manager in the event of his disability? Early Voting 39 For 0 Against Election Day 44 For 4 Against , Combined Totals 83 For 4 Against CHARTER PROPOSITION NO. 23 Shall Section 6.04 of Article VI of the City Charter requiring the appointment of a City Engineer be repealed? Early Voting 38 For 1 Against Election Day 38 For 9 Against Combined Totals 76 For 10 Against CHARTER PROPOSITION NO. 24 Shall Section 7.05 of Article VII of the City Charter be amended to comply with the requirements of State law concerning publication and notice of public hearing on the submission of the annual budget? Early Voting 39 For 0 Against Election Day 47 For 1 Against Combined Totals 86 For 1 Against CHARTER PROPOSITION NO. 25 ' Shall Section 7.06 of Article VII of the City Charter be amended to change the deadline the annual budget shall be adopted? Early Voting 38 For 1 Against Election Day 40 For 7 Against Combined Totals 78 For 8 Against CHARTER PROPOSITION NO. 26 Shall Sections 8.01 through 8.22 of Article VIII of the City Charter be repealed and replaced by new Sections 8.01 and 8.02 that describe the power to tax and implementation of power to tax? Early Voting 36 For 3 Against Election Day 37 For 12 Against Combined Totals 73 For 15 Against CHARTER PROPOSITION NO. 27 Shall Sections 9.01 through 9.09 of Article IX of the City Charter be repealed and replaced by new Sections 9.01 through 9.06 which describes the power to issue bonds? Early Voting 36 For 3 Against Election Day 39 For 10 Against Combined Totals 75 For 13 Against CHARTER PROPOSITION NO. 28 Shall Section 10.01 of Article X of the City Charter be amended to change the City Plan Commission to the Planning and Zoning Commission, here and throughout the charter? Early Voting 38 For 1 Against Election Day 44 For 5 Against Combined Totals 82 For 6 Against CHARTER PROPOSITION NO. 29 Shall Section 10.06 of Article X of the City Charter be amended to change the Board of Adjustment to Zoning Board of Appeals, here and throughout the charter? Early Voting 38 For 1 Against Election Day 44 For 4 Against Combined Totals 82 For 5 Against CHARTER PROPOSITION NO. 30 Shall Section 11.01 of Article XI of the City Charter be amended to provide election dates shall be in compliance with State law? Early Voting 38 For 1 Against Election Day 47 For 2 Against Combined Totals 85 For 3 Against CHARTER PROPOSITION NO. 31 Shall Section 11.02 of Article XI of the City Charter be amended to provide for a filing fee for a candidate to place his/her name on the ballot? Early Voting 36 For 3 Against Election Day 38 For 10 Against Combined Totals 74 For 13 Against CHARTER PROPOSITION NO. 32 Shall Section 11.05 of Article XI of the City Charter requiring that mechanical voting machines be used for voting in elections be deleted and the remaining sections be renumbered? Early Voting 36 For 3 Against Election Day 42 For 5 Against Combined Totals 78 For 8 Against CHARTER PROPOSITION NO. 33 Shall Section 11.07 of Article XI of the City Charter be amended to provide that the canvassing of the election shall be in accordance with State law? Early Voting 38 For 1 Against Election Day 48 For 1 Against Combined Totals 86 For 2 Against t 1 CHARTER PROPOSITION NO. 34 Shall Section 12.02 of Article XII of the City Charter be amended to prescribe penalties for the violation of city ordinances? Early Voting 38 For 1 Against Election Day 43 For 6 Against Combined Totals 81 For 7 Against CHARTER PROPOSITION NO. 35 Shall Section 17.13.2 of Article XVII be established to state that all gender references within the City Charter shall include both male and female, and that singular nouns and pronouns include the plural? Early Voting 36 For 1 Against Election Day 42 For 4 Against Combined Totals 78 For 5 Against CHARTER PROPOSITION NO. 36 Shall the City Charter be amended throughout to use the term "councilmember" in lieu of "councilman"? Early Voting 36 For 1 Against Election Day 42 For 4 Against Combined Totals 78 For 5 Against A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to accept the canvass of the election returns as presented by Sonya Willis, Presiding Judge. MOTION CARRIED. Ayes: Mayor Nagel and Councilmember Sawyer. Noes: None. 023 4. ADJOURN A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to adjourn the meeting at 2:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel and Councilmember Sawyer. Noes: None. `�gpnumrn°nry,�i, Homer E. Nagel, Mayor' ATTEST: U )A- LaDonna Floyd, City Clerk �''4"'FR,L„A;,,,Jo�"°��� REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 12, 2001 CALL TO ORDER 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. See attached for quorum. 2. APPROVE MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the January 22, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Councilmember Clayton. 3. ELECTION A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to approve Resolution No. 2001-02, calling for an election to be held May 5, 2001, for the purpose of electing two (2) councilmembers -one from Ward I and one from Ward III, and appointing Bobbie Greene, Presiding Judge, Harriet Shipman, Alternate Presiding Judge, and La Donna Floyd, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Councilmember Clayton. 4. STREETS AND SIDEWALKS - Street Closures A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to authorize the closure of various City streets for Nederland Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Councilmember Clayton. I ")3 Minutes continued, February 12, 2001 Councilmember Clayton arrived at the meeting at 3:10 p.m. 5. ELECTRIC AGGREGATION Andre' Wimer, City Manager, explained that the Texas Conference of Urban Counties has formed the Texas CUC Aggregation Project, Inc. (TCAP) and that they will aggregate the purchasing of electricity for all member political subdivisions in order to obtain electricity rates that are lower than any individual political subdivision could obtain by itself. These rates will be for City accounts only. The payment of initial dues to TCAP is $2,095.00. A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to approve Resolution 2001-03, joining the Texas Conference of Urban Counties Aggregation Project (TCAP) and payment of initial dues in the amount of $2,095.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ORDINANCES A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve Ordinance No. 2001-01, regulating the demolition of buildings within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve Ordinance No. 2001-02, amending the FY 2000-2001 budget. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 7. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve Resolution 2001-04, relating to the "Nederland Economic Development Corporation Sales Tax Revenue Bonds, Series 2001 "; approving the issuance of such bonds; resolving other matters incident and related to the issuance of such bonds; and providing an effective date. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. I 4 Minutes continued, February 12, 2001 8. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve a contract with Safety, Inc. for asbestos consultant services at the City Service Center in the amount of $1,737.50. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Nugent to authorize d.p. Consulting Engineers, Inc. to perform surveying services for the Avenue E Rehabilitation project in an amount not to exceed $1,000.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to approve the renewal of a contract with Action Bonded Cleaning, Inc. for janitorial services. MOTION CARRIED. STREETS AND SIDEWALKS - Street Liaht Request A motion was made by Councilmember Nugent and seconded by Mayor Nagel to authorize the installation of a street light at 8318 Viterbo Road. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 10. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $3,950.61, Wagner Addition collection system upgrades; $10,225.03, wastewater system improvements (Wastewater Treatment Plant); $378.00, Nederland Avenue corrections; $4,254.97, 1999-2000 collection system rehabilitation (Year 2); $554.00, Beauxart Garden Road improvements; and, $3,314.78, west annexation area water and sewer improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. G 3 3 Minutes continued, February 12, 2001 A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve payments to J & D Construction as follows: $87,1145.40,1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve Final Payment to Kinsel Industries, Inc. in the amount of $12,600.00, influent lift station. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to accept the influent lift station project as complete and authorize release of the retainage in the amount of $134,630.38. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to d.p. Consulting Engineers, Inc. as follows: $630.00, Boston Avenue pavement rehabilitation; $6,565.87, Boston Avenue landscaping project; and, $20,708.80, Upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Clayton to approve payment to ALLCO, Inc. in the amount of $103,205.25, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $197.00, Wastewater Treatment Plant lift station. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Hart Construction in the amount of $90,280.30, west annexation, Phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. (�31 Minutes continued, February 12, 2001 A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve payment of the bills for the month of January, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 3:57 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .074, discuss personnel - Police Chief; Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, consultation with City Attorney regarding ClearValue. 12. RECONVENE The regular meeting was reconvened at 4:22 p.m. by Mayor Nagel. He announced that due to the impending retirement of Police Chief Billy Neal the position will be open for bids from current police officers of the Nederland Police Department. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to authorize the posting of the Chief of Police position to current police officers from Tuesday, February 13, 2001 until 3:00 p.m., Wednesday, February 21, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that Don Pumphrey, Entergy, had the street lights in Kings Court checked and they appear to be in good working order. He also reported that the contracts were received from TxDOT regarding the culvert work under Hwy. 69. Mr. Wimer stated that in order to abandon the right-of-way on the north side of Dorothy's Front Porch it would have to be sold to the abutting property owners for fair market value. He asked that Council consider reviewing the sidewalk repair policy in the near future. Minutes continued, February 12, 2001 Chief Neal and David Odom gave a demonstration of the newly acquired "night vision" equipment that was purchased with grant money. Officer Odom also stated that the Department received portable breath tests from M.A.D.D. to be used on minors. Fire Chief Lovelady and Firefighter Sonier gave a demonstration of the newly acquired thermal imaging equipment which can be used to assist in locating people who may be caught in a fire. Chief Lovelady stated that the equipment will be mounted in the new fire truck. 14. ADJOURN A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to adjourn the meeting at 4:45 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 1 ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas C,3r NAME Homer Nagel Robert Sawyer Joe Clayton Judy 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 I PRESENT I ABSENT Mayor Vz Council Member - Ward 1 Council Member - Ward 2 Council Member -Ward 3 Council Member- Ward 4 I ,� City Manager City Clerk City Attorney I �/ Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director Librarian I ✓ Assistant to the City Manager Mayor City Jerk Date 1 1 1 037 RESOLUTION 2001-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 5, 2001; 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 5, 2001 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, 2001, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 1400 Boston Avenue, Nederland, Texas, not earlier that forty-five (45) days before the election or later than thirty (30) days before the election in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for a candidate to file same will be February 20, 2001 at 8:00 a.m., with the last date for filing to be March 21, 2001 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 Clerk 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 Clerk 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: Bobbie Greene 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 nineteenth (19th) day (the 20th day being a Sunday), and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said early voting. The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mail may be sent. 635 The Early Voting Ballot Board shall be created as provided by Election Code Section 87.001. Jeanne Green is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. LaDonna Floyd is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election Code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessibly to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 12th day of February, 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: CADl ' (� LaDonna Floyd,_City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attolmey City of Nederland, Texas F� 633 1 CITY OF NEDERLAND RESOLUTION NO. 2001-03 WHEREAS, the City Council of the City of Nederland wishes to obtain the lowest cost of electricity available in the restructured competitive market scheduled to open in Texas; and WHEREAS, the Texas Conference of Urban Counties has formed the Texas CUC Aggregation Project, Inc. (TCAP); and WHEREAS, TCAP will aggregate the purchasing of electricity for all member political subdivisions in order to obtain electricity rates that are lower than any individual political subdivision could obtain by itself, or could obtain by any other means. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: That the City Council of the City of Nederland, Texas agrees to join the Texas CUC Aggregation Project, Inc., and: 1. Approves the TCAP, Inc. Articles of Incorporation and Bylaws as presented; 2. Appoints Andre Wimer, City Manager, as the Representative of the City of Nederland to TCAP; 3. Approves and authorizes the payment of initial dues to TCAP in an amount of $2,095.00; and 4. Designates the following list of City of Nederland facilities, identified by name, service address and utility account number as facilities for which TCAP is authorized to purchase electricity for. Facility list: Facilitv Name Facility Address Utilitv Account No. Meter Tvoe Sewer Lift Station 1515 Canal Avenue 385327 Demand Cajun House 1500 Boston Avenue 422753 Demand French Museum 1523 Boston Avenue 422756 Monthly Sewer Lift Station 1548 Nederland Ave. 423153 Demand Street Lights 478852 Monthly Traffic Signals 478853 Monthly Warehouse 515 Hardy Avenue 526033 Demand Animal Control 515 Hardy Avenue 526034 Monthly Sewer Plant 515 Hardy Avenue 526035 Demand Sewer Plant 515 Hardy Avenue 526037 Monthly City Hall 1400 Boston Avenue 526040 Demand Senior Citizens 914 Boston Avenue 526041 Demand Old City Hall 908 Boston Avenue 526042 Demand Sewer Lift Station 37'h & Park Avenue 526044 Monthly Water Tower South 5" Street 526045 Monthly Doornbos Pool 2321 Avenue H 526416 Demand Softball Field 2403 Avenue H 526419 Demand Recreation Building 2401 Avenue H 526420 Demand Henson Building 1903 Atlanta Avenue 589739 Demand Water Tower 3421 Canal Avenue 653851 Monthly Hughes Library 2712 Nederland Avenue 1018309 Demand Water Plant 1700 Canal Avenue 1055146 Demand Crossing Light Nederland Ave./Gage Ave. 1177004 Monthly Disinfectant Station Avenue C & South 5'h Street 1230174 Monthly 0,10 Traffic Signals 800 Nederland Avenue 1316317 Monthly Diesel Pump 515 Hardy Avenue 1380934 Monthly Water Plant Canal Avenue & 171 Street 1468152 Demand Rienstra Park Lights 700 Helena Avenue 1553246 Demand School Cross Light 2324 Avenue H 1609080 Monthly Sewer Lift Station 1404 South 161° Street 1623213 Demand Avenue H Shed 2401 Avenue H 1769250 Demand Sewer Lift Station 3724 Airline 1813005 Demand Traffic Signals 2700 Avenue H 1992539 Demand School Caution Light 600 S. 271 Street 1998831 Monthly School Caution Light 1100 S. 27' Street 2000941 Monthly School Caution Light 2800 Avenue H 2000953 Monthly PASSED BY THE CITY COUNCIL of the City of Nederland on this /a4 -Lx day of n 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: < LaDonna Floyd, City r. 'd City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City tomey City of Nederland, Texas 1 1 ORDINANCE NO. 2001-01 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE II AND ARTICLE VII, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND,TEXAS, CONCERNING UNSAFE AND DANGEROUS BUILDINGS AND ADOPTING V.T.C.A., LOCAL GOV. CODE, CHAPTER 214, SUBCHAPTER A.; PROVIDING CRITERIA AND REGULATIONS RELATING TO BUILDINGS AND STRUCTURES THAT ARE DILAPIDATED, SUBSTANDARD, OR UNFIT FOR HUMAN HABITATION AND A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR NOTICE AND PUBLIC HEARING, ASSESSMENT OF EXPENSES, ENFORCEMENT LIENS, AND CIVIL PENALTIES; PROVIDING FOR JUDICIAL WARRANT AND REVIEW, CRIMINAL PENALTY, REPEAL AND SEVERABILITY. RECITALS (A) The City Council of the City of Nederland desires to amend Article II, Section 18-26 of the Code of Ordinances of the City of Nederland in order to establish minimum standards for the use and occupancy of buildings and structures and (B) The City Council of the City of Nederland desires to amend Article VII, Sections 18-321 through 18-325 of the Code of Ordinances of the City of Nederland in order to require the vacation, relocation of occupants, securing, repairing, removal or demolition of a building or structure by adopting the provisions of V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. Municipal Regulations of Structures. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That the Standard Building Code adopted in Chapter 18, Sec. 18- 26, of the Code of Ordinances of the City of Nederland be, and the same is hereby, amended as follows: Section 103.5, as amended, pertaining to unsafe buildings or systems is hereby repealed in its entirety. Section 2: That Article VII Dangerous Buildings, Section 18-321 through Sec. 18-325, of the Code of Ordinances of the City of Nederland be, and the same is, hereby repealed in its entirety, and the following Article VII provisions are substituted in its place: "ARTICLE VII DANGEROUS BUILDINGS Sec. 18 - 321. Authority regarding substandard buildings and structures. For the purpose of establishing the minimum regulations governing the continued use and occupancy of buildings and structures within the City regardless of the date of their construction by requiring the vacation, relocation of occupants, securing, repair, removal, or demolition of a building that is dilapidated, substandard or unfit for human habitation and a danger or hazard to the public health, safety and welfare, there is hereby adopted by the City of Nederland, Texas, the statutory provisions set forth in V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. Municipal Regulations of Structures, through and all future revisions thereof, save and except such portions as are deleted, modified or amended by statute or modification or exception provided herein below. 1 Sec. 18 - 322. Minimum Standards. (a) As required by V.T.C.A., Local Gov. Code, § 214.001 (b) (1), the City establishes the following minimum standards for the continued use and occupancy of all buildings or structures regardless of the date of their construction: 1. The owner of a building or structure shall maintain such property sothat it does not become dilapidated, substandard, or unfit for human habitation and a danger or hazard to the public health, safety and welfare or constitute any condition or status described in V.T.C.A., Local Gov. Code, § 214, 001 (a) (1) (2) or (3) or § 214.002; 2. A building or structure is dilapidated, substandard or unfit for human habitation and a danger or hazard to the public health, safety and welfare when the City finds that it is: (i) So damaged, decayed, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible; (ii) Unsanitary, vermin or rat infested, containing filth and contamination, or lacking ventilation, illumination, sanitary or heating facilities or other essential equipment required by the City's codes, or because the location of the structure constitutes a hazard to the occupants or to the public; (iii) In a state of disrepair such that it could reasonably cause injury, damage, harm or inconvenience to a considerable portion of the surrounding neighborhood in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the characteristics of the community in which they are situated which conditions would be substantially offensive and annoying to persons of ordinary sensibilities, tastes and habits living in the community; or (iv) In a state of disrepair such that ; (1) its walls or other vertical structural members list, lean or buckle in excess of three-fourths inch of horizontal measurement; (2) it has thirty-three percent (33%) or more damage or deterioration of the supporting members, or fifty percent (50%) or more damage or deterioration of the non - supporting or outside walls or coverings; (3) its electrical wiring, gas piping, or appliances are so unsafe or defective that it is likely to cause or promote fires; or, (4) it is in violation of any provision of the City's building, electrical, mechanical or fire codes or other ordinances of the City, to the extent that it is a danger to the health, safety, and welfare of the citizens of the City. (b) Vacant buildings and structures which, in the opinion of the Building Official or City Council, can be made to comply with the minimum standards set forth herein at a total cost of no more than fifty percent (50%) of their fair market value will be provided the opportunity to be repaired by the owner to the minimum standards. When the necessary repairs to the building or structure is twenty-five percent (25%) or less of the total structure, the repairs shall be performed to the requirements of the City codes in place at the time of its original construction. But if the repairs will affect more than twenty-five percent (25%) but less than fifty percent (50%) of the total structure, the necessary repairs shall be performed to the requirements of all codes in place to date. The 25-50% rule shall not apply to buildings or structures that are occupied so that the 50% fair market value may be exceeded upon recommendation of the Building Official or City Council. 1 043 Sec. 18 - 323 Notice. (a) If a building or structure is found by the Building Official to be in violation of the minimum standards for continued use and occupancy set forth herein, the notice of public hearing shall be given to the owner, lienholder or mortgages in accordance with the applicable provisions of V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. The notice of hearing must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to get the building to the minimum standards set forth herein and the time it will take to reasonably perform the work. In addition, the notice of hearing may include that statement contained in V.T.C.A., Local Gov. Code, § 54.005. (b) Prior to notice of hearing, the Building Official may notify the owner of the building or structure in writing, by certified mail, of his findings and order to repair, vacate, secure, demolish or remove the building or structure. The written notice shall specify a reasonable length of time for the owner to complete the action , the length of time being predicted on the nature and extent of the action required to make the building or structure comply with the minimum standards. Sec. 18 - 324 Hearing. A public hearing required by V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. shall be held before and conducted by the City Council of the City of Nederland with a quorum present. The City Council shall hold the hearing required under local Gov. Code, Chapter 214, Subchapter A. in lieu of the civil municipal court allowed by § 214.001 (p). The City designates the Building Official or his designated representative to present all cases to the City Council. After the public hearing, if a building is found to be in violation of the minimum standards set forth herein, the City Council may take any and all action as is reasonably appropriate and authorized by law, including but not limited to actions and orders specifically authorized by V.T.C.A., Local Gov. Code, § 54.004 and Chapter 214, Subchapter A. Sec. 18 - 325 Judicial Warrant (a) If the owner, lienholder or mortgagee of a building or structure fails to comply with a demolition or removal order within the time prescribed, the Building Official shall take action to obtain a judicial warrant for demolition or removal. No building may be seized and demolished or removed by the City without a warrant issued by the judge of the municipal court based upon probable cause. The municipal court judge, who is a magistrate order Article 2.09, Code of Criminal Procedure (V.T.C.A.), is authorized under Article 18.01 and Article 18.02 (8), Code of Criminal Procedure (V.T.C.A.), to issue a warrant to seize and demolish or remove properties based on a finding of cause stated in a probable cause affidavit filed by the Building Official or his designated representative. (b) The probable cause affidavit shall include the following statements under oath: 1. Description of the building or structure to be demolished or removed; 2. The names and addresses of the owner, lienholder, and mortgagee, and a statement indicating how ownership was determined ' 3. Condition of the building or structure which indicates that it is in the condition specified in V.T.C.A., Local Gov. Code, § 214.001 (a) (1) (2) or (3) or in violation of the minimum standards set forth herein; 4. Description of all notices that have been issued in connection with said building or structure regarding violations of minimum standards; 041 1 5. A statement that the building or structure sought to be seized and demolished is believed to be dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare and the facts support said belief; and 6. A list of violations and hazards established at the public hearing held by the City Council in connection with said building or structure. (c) The probable cause affidavit shall have attached copies of: (1) documents indicating ownership of the property, building or structure; (2) inspection reports; (3) notices issued; (4) orders of the City Council; and (5) such other documents as requested by the municipal court judge. Sec. 18 - 326 Expenses, Liens, and Civil Penalties. In addition to the authority granted to the City by V.T.C.A. Local Gov. Code, § 214.001, the City may assess expenses, impose and foreclose liens, and impose and enforce civil penalties as authorized by V.T.C.A., Local Gov. Code, § 214.001 (m) and (n), § 214.0011 (f), § 214.0015, or § 214.002, subject to the same conditions as provided in the applicable section, including any notice and filing requirements. Suit may be instituted by the City and recovery had and said liens foreclosed in the manner provided by law. Sec. 18 — 327 Judicial Review. Any owner, lienholder, or mortgagee of record aggrieved by an order of the City Council issued under Section 18 - 323 hereof or under V.T.C.A. , Local Gov. Code, Chapter 214, Subchapter A. as adopted herein, may appeal the decision or order as provided by V.T.C.A., Local Gov. Code, § 214.0012. In addition, this same right of judicial review shall apply to an owner,lienholder, or mortgagee of record aggrieved by reason of a judicial warrant issued under the provisions hereof. Sec. 18 - 328 Unlawful Conduct and Penalties. Any person who intentionally, knowingly, or recklessly fails to comply with an order issued by the City Council under V.T.C.A., Local Gov. Code, § 214.002, Subsection (a)(1) shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each day or portion thereof during which non-compliance of said order is committed or continued, and upon conviction shall be punished as provided by Section 1-4, General Provisions, of the Code of Ordinances of the City of Nederland and its future amendments. Sec. 18 - 329 Definitions (a) In this article 1. "Building Official' means, the appointed Chief Building Official of the City of Nederland who is charged with the administration and enforcement of the standard building code and other similar codes, or any authorized representative. 2. "occupant' means, any individual living or sleeping in a building, or having possession of a space within a building. 3. `owner" means, a person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. 1 4. "person" means, an individual, corporation, partnership or any other group acting as a unit. 5. "structure" means a building or a part of a building that is constructed, produced, or artificially built up or composed of parts purposefully joined together. (b) Where terms are not defined herein and are defined in the building, fire prevention, zoning, electrical, plumbing or mechanical codes of the City, said terms shall have the hearings ascribed to them as in those codes. Where terms are not defined, as provided herein, such terms shall have ordinary accepted meanings as the context implies." Section 2. That if any sections, subsection, sentence, clause or phase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this ordinance, and to such and the various portions of this ordinance are declared to be severable. Section 3. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED BY VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THIS / 2 DAY O 12001. 1 ATTEST: LaDonna Floy , d � eYk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY Ric ar D. Hughes, CV Attorney City of Nederland, Texas 1 CITY OF NEDERLAND BY.T� O NAGEL i J Por, ORDINANCE NO. 2001-02 ' AN ORDINANCE AMENDING THE 2000-01 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2000-09 which adopted the 2000-01 City Budget; and, WHEREAS, the City Council finds that the budget for the 2000-01 fiscal year should be amended for unanticipated revenues received and additional expenditures for specific purposes as set out in Attachment "A"; 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 "A." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the 2000-01 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment "A". THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk 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 12" DAY OF FEBRUARY, A.D., 2001. Homer Nagel, Mayor City of Nederland, Texas ATTEST: '4"'r � LLFloyi-City Secretary City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City Attey City of Nederland, Texas o� BUDGET ORDINANCE AMENDMENT - ATTACHMENT A GENERAL FUND Amend General Fund by increasing revenue and increasing line item as detailed below: Increase 01-00-00-4355 State Grant Funds $ 6,500.00 Increase 01-21-00-6111 Overtime $ 6,500.00 Texas Department of Health awarded the Nederland Police Department a grant concerning "Texas Statewide Tobacco Education and Prevention Program." These funds will be used to reimburse overtime for officers to complete required terms of the grant. Amend General Fund by increasing revenue and increasing line item as detailed below: Increase 01-00-00-4700 Miscellaneous Revenue $ 4,463.00 Increase 01-22-00-6265 Supplies/Minor Tools & Equipment $ 4,463.00 Funds were received from Unocal and Sunoco, Inc. for purchase of Fire Department equipment. LIBRARY SPECIAL FUND E Amend Library Special Fund by increasing revenue and increasing line item as detailed below: Increase 01-00-00-4375 Hebert Grant Funds $ 24,700.00 Increase 21-55-01-6220 Miscellaneous Supplies $ 1,000.00 Increase 21-55-01-6265 Minor Tools $ 5,605.00 Increase 21-55-01-6743 Furniture, Fixtures, Office Equipment $18,095.00 The Library was awarded a grant from the Hebert Foundation on 12/18/2000 for the purchase of signage, exterior castcrete items, landscape plants and display/marketing items. 045 RESOLUTION NO. 2001-04 1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, RELATING TO THE "NEDERLAND ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE BONDS, SERIES 2001"; APPROVING THE ISSUANCE OF SUCHBONDS; RESOLVING OTHERMATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Nederland Economic Development Corporation (the "Issuer") has been duly created and organized pursuant to the provisions ofthe Development Corporation Act of 1979, Texas Revised Civil Statutes, article 5190.6, section 4B, as amended (the "Act"); WHEREAS, pursuant to the Act, the Issuer is empowered to issue bonds for the purpose of defraying the cost of any "project" defined as such by the Act; WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements found by the Board of Directors ofthe Issuer to promote or develop new or expanded business enterprises, including aproject to provide public safety facilities, streets and roads, drainage and related improvements, demolition of existing structures, general municipally owned improvements, as well as any improvements or facilities that are related to any of those projects and any other project that the board in its discretion determines promotes or develops new or expanded ' business enterprises; WHEREAS, the Issuer intends to issue its $2,660,000 Sales Tax Revenue Bonds, Series 2001 (the "Bonds") to finance the purchase of two separate tracts of land and related infrastructure costs (the "Project") to promote or develop new or expanded business enterprises within the City; and WHEREAS, Section 25(f) of the Act requires the City Council of the City approve the resolution of the Issuer providing for the issuance of the Bonds no more than 60 days prior to the delivery of the Bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: The Resolution authorizing the issuance of $2,660,000 "Issuer's Sales Tax Revenue Bonds, Series 2001", to be adopted by the Issuer (the "Issuer Resolution"), a form ofwhich has been submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to finance the costs ofthe Project, which is located within the City ofNederland, Texas. Section 2: The approvals herein given are in accordance with Section 25(f) ofthe Act and the Bylaws of the Issuer, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owner ofthe Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. Section 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms ofthe Issuer Resolution and the Act to provide for the prompt payment ofthe Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. Section 4: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103(a) ofthe Code (as defined below) and, in connection therewith and pursuant to section 148(f)(4)(D)(iv) of the Code, the City hereby irrevocably allocates to the Issuer $2,660,000 of the $5,000,000 limitation available to the City for calendar year 2001 under section 148(f)(4)(d)(i)(M, and declares such allocation bears a reasonable relationship to the benefits received by the City from the Bonds. Therefore, the City warrants and represents that Issuer satisfies the requirements ofparagraph (2) and (3) ofsection 148(f) ofthe code with respect to the Bonds without making the payments for the United States described in such section. Specifically, the City warrants and represents that: (1) the City is a governmental unit with general taxing powers, the Issuer is a subordinate entity of the City and for the calendar year 2001, the City has irrevocably allocated $2,660,000 of its $5,000,000 limitation to the Issuer; (2) at least95% ofthe net proceeds ofthe Bonds will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year 2001 is not reasonably expected to exceed $5,000,000. PROVIDED, HOWEVER, should additional tax exempt obligations be issued or incurred, including lease purchase financings, in the 2001 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5,000,000, the Corporation has agreed and covenanted that it will maintain complete records regarding the investments of the proceeds of sale of the Bonds and rebate any "arbitrage profits" to the United States as required by section 148(f) of the Code. Section 5: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Texas Government Code, chapter 551, as amended. Section 6: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this /, day of C -Ap, .. ,an. ; 12001. ATTEST: City Clerk 1 CITY OF NEDERLAND, TEXAS 049 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. February 26, 2001 CALL MEETING TO ORDER 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Nugent to approve the minutes of the February 12, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Councilmember Clayton. Councilmember Clayton arrived at the meeting at 6:05 p.m. I 3. REQUEST Andre' Wimer, City Manager, stated that W. T. Block was unable to attend the meeting and asked that his request be postponed until a later date. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to postpone the request of W. T. Block concerning a Veteran's memorial. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 4. RIGHT-OF-WAY Andre' Wimer, City Manager, explained that the City received a request from all abutting property owners to abandon a section of right-of-way between Smith Road and Hodgson Road near Dorothy's Front Porch. The right-of-way is 40 foot wide and is currently undeveloped. Mr. Wimer recommended that the property owners furnish the City with a legal description and appraisal prior to the Council making a decision on the closure. He also suggested that in the event that the Council does grant the closure the City should probably obtain an easement in the event that it will be needed in the future. ift Minutes continued, February 26, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to require the abutting property owners of the right-of-way between Smith Road and Hodgson Road to provide a legal description and appraisal of the right-of- way to City staff for their review and recommendation to the City Council. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. STREETS AND SIDEWALKS Andre' Wimer, City Manager, stated that this item was placed on the agenda as a discussion item only. He added that the City has received some requests to repair sidewalks, but the current policy states that the abutting property owners are responsible for repairs. Mr. Wimer commented that most of the sidewalks are located within City right-of-way which may place the responsibility on the City and would be difficult to require the property owners to make necessary repairs. Richard Hughes, City Attorney, stated that if we have sidewalks that are in need of repairs and could be considered a safety hazard then the City could be held liable. He feels that the City would be responsible to insure that they are maintained in a safe condition. Mr. Hughes added that just because a hazard is in the right-of-way it does not automatically make the City liable, especially if the hazard is caused by a property owner. Mayor Nagel suggested that City staff and the City Attorney review the ordinance and possible add some language to protect the City and report back to the Council with recommendations. 6. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve the Texas Highway Traffic Safety Program Grant Agreement with the Texas Department of Transportation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve a contract with Crochet Equipment Company, Inc. for green waste disposal with the City of Nederland's portion being i 56,379.00/month. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. U-3 652 Minutes continued, February 26, 2001 A motion was made by Councilmember Nugent and seconded by Council - member Clayton to approve a contract with Brystar Contracting, Inc. for sewer line replacement along South 29t' Street in the amount of $23,811 .00; and declaring it an emergency due to health and safety concerns of the citizens. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. PAYMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilman Radcliff to approve payment to Excavators & Constructors, Inc. in the amount of $38,670.00, sewer line repairs. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Brystar Contracting, Inc. in the amount of $23,811.00, sewer line repairs. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 8. EXECUTIVE SESSION The regular meeting was recessed at 6:30 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .074, discuss personnel - Police Chief; Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and, possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant. 9. RECONVENE The regular meeting was reconvened at 7:13 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. He added that seven resumes were received for the Chief of Police position and that the Council had decided on two finalists. Mayor Nagel stated that the names of the finalist will not be released until tomorrow in order to allow the City Manager the opportunity to notify all the applicants. Interviews of the finalists will be held at the next regular City Council meeting. ok Minutes continued, February 26, 2001 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the new fire truck was delivered and fire department personnel are currently reviewing the specification list. Councilmember Clayton reported that the Emergency Management Conference was very informing. Councilmember Radcliff reported that she filed for re-election. Councilmember Nugent reported pot holes at South 21" & Hwy. 365, 1500- 1600 block of Helena, and South 27`h Street between Avenue A and Avenue B. 11. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7:17 p.m. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 'l:)J Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 'l:)J 654 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME IHomer Nagel Robert Sawyer Joe Clayton Judy Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady I Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Clerk ` p2- 0'1 Co 0i Date TITLE Mayor Council Member - Ward 9 Council Member- Ward 2 Council Member - Ward 3 Council Member- Ward 4 City Manager City Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director Librarian Assistant to the City Manager PRESENT I ABSENT ✓I a. a C ✓ I I ✓ ii I � I i ✓ ✓ I I ✓ I ✓ I ✓ f a. a C G5 - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. CALL MEETING TO ORDER March 12, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Clayton to approve the minutes of February 26, 2001 as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 1 3. PRESENTATION Mayor Nagel recognized retirees Sandra Daughtry and James Aldridge. He announced that Mr. Aldridge was unable to attend the meeting. Mayor Nagel then presented Mrs. Daughtry with a service pin for her 31 years of service to the City of Nederland. On behalf of the Council, staff, and citizens he thanked Mrs. Daughtry for her service to the community. Mrs. Daughtry thanked the Mayor, City Council, and staff for the opportunity to be a part of this organization. 4. PROCLAMATION Mayor Nagel read a proclamation declaring March 15, 2001 as "Absolutely Incredible Kid Day". A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve a proclamation declaring March 15, 2001 as "Absolutely Incredible Kid Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Minutes continued, March 12, 2001 ORDINANCES A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Sawyer to approve Ordinance No. 2001-03, amending rates for utility services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve Ordinance No. 2001-04, amending the library fee schedule. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve an Amendment to Ordinance No. 107, providing for the installation of stop signs. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. RESOLUTION I A motion was made by Councilmember Clayton and seconded by Mayor Pro Tem Sawyer to approve Resolution 2001-05, authorizing participation in the Selective Traffic Enforcement Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 8. CONTRACTS/AGREEMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve an Interlocal Cooperation Contract with the Texas Department of Public Safety for the Failure to Appear Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Clayton to approve a contract with Schaumburg & Polk, Inc. for the Year 3 Sanitary Sewer Evaluation Survey. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. dk Minutes continued, March 12, 2001 A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve a contract with Hollier Construction Company, Groves, TX, for replacement of the curb on Avenue E. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Clayton to approve an agreement with Tower Medical Center of Nederland for drug and alcohol testing services. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. BIDS/PROPOSALS A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to authorize the advertisement of bids for concrete raising. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Council - member Radcliff to authorize the advertisement of bids for drainage area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to authorize the purchase of composting bins from C. E. Shepherd Co., Inc., Houston, TX, in the amount of $7,986.40 to be paid from grant funds. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. PAYMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve final payment to Excavators & Constructors, Inc. in the amount of $28,342.90, Nederland Avenue repairs. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. L �5'j Minutes continued, March 12, 2001 A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve payment to J & D Construction in the amount of $153,109.60, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Clayton to approve payment to d.p. Consulting Engineers in the amount of $2,432.83, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Radcliff to approve payment of the bills for the month of February, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 3:37 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .074, interview candidates for Police Chief - Darrell Bush and Nicky Matt; Chapter 551 .072, discuss acquisition, exchange, sale and/or release of property; Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, consultation with City Attorney regarding class action suit in Cause No. C -4558-95-G2, Cities of Mercedes and Weslaco v. Rio Grande Valley Gas Company, and Southern Union Company d/b/a Southern Union Gas Company. 11. RECONVENE The regular meeting was reconvened at 5:37 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only for all items listed except interviews for Police Chief. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to appoint Darrell Bush as the Police Chief effective June 1, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 1 - �J Minutes continued, March 12, 2001 12. OFFICIALS' COMMENTS Darrell Bush thanked the Mayor and City Council for giving him the opportunity to serve the community as the Chief of Police. Nicky Matt also thanked the Mayor and City Council and stated that he appreciated the opportunity to be considered for the position. 13. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Clayton to adjourn the meeting at 5:42 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Homer E. Nagel, Mayor %% City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Va .1 15,:,$ 1560 NAME Homer Nagel Robert Sawyer Joe Clayton Judy Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Billy Neal Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Kiehn Kelly Galloway Mayor City Clerk j"a-o1 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 Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director Librarian Assistant to the City Manager PRESENT I ABSENT ✓ 1 1 1 G 6 1 CITY OF NEDERLAND ORDINANCE NO. 2001-03 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. 1999-07. 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. Reneal 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 Svstems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City ofNederland, 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. Aonlication 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. G6`' 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 (1) premise may be connected to any one (1) water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Taps. 1. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and/or does not endanger the existing , water line and/or water system, the City shall provide all materials, labor and equipment to tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside Outside City City 3/4" Water Tap $ 240.00 $ 360.00 1" Water Tap 300.00 450.00 1 ''%? Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap Cost + 20% 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/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. V = 063 I4. The sewer connection fees are as follows: Outside Outside City City Inside Outside $ 100.00 1" Water Meter City City 1 %z" Water Meter 4" Sewer Tap $200.00 $300.00 250.00 6" Sewer Tap 300.00 450.00 300.00 8" Sewer Tap 400.00 600.00 SECTION 7. Water Meter and Garbaee Container Denosits. 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: 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. Aonlication 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 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 - Outstandine 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 Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1 %z" Water Meter 200.00 200.00 13/4" Water Meter 250.00 250.00 2" and larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. Aonlication 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 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 - Outstandine 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 (above minimum) .25 .25 *Except as required by provisions of outside City contracts 064 SECTION 11. Sewer Rates. The following rates shall be charged for sewer service: Inside Outside City City First 2,000 Gallons (minimum) $ 7.70 $ 13.40 Each additional 1,000 gallons* 1.40 2.45 Sewer Line Maintenance per 1,000 gallons (above minimum) .25 .25 EPA fee per 1,000 gallons (above minimum) .75 .75 *Except as required by provisions of outside City contracts SECTION 12. Garbaee Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 13.05 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billine and Penaltv. 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 (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Article 1446c-2 of the Revised Civil Statutes of Texas, the ten percent (10%) penalty shall not be applied to persons age 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinnuencv -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 current reading plus the amount owed on the previous billing including the ten percent (10%) penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be mailed 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 Charees. 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. AL -0 At 1 Ll 1� 065 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 tum 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 cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. SECTION 16. Transfer Fee. 1. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the City's utility service system. The current and final balance, if any, on the account transferred plus $15.00 will be added to the customers new account. 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. Temnorary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. ' 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. r _ da + 066 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 delinquent accounts. SECTION 20. Deferred Pavments. 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. Hardshius. 1. 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, including base rate, maintenance fee and EPA fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 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 six (6) monthly bills during the previous six (6) 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 tum on water to any premises from the City water system ' without fust 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. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage -a service fee of $50.00 - $200.00 will be charged to the owner ofthe 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 ofthis 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 Anril 1. 2001 . PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 12' day of March, 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: aDonna Floyd, City Clerkl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: G6 7 Richard D. Hughes, City Attorney City of Nederland, Texas G6 7 063 CITY OF NEDERLAND ORDINANCE NO. 2001-04 AN ORDINANCE ESTABLISHING A FEE SCHEDULE INCLUDING OVERDUE FINES, LOST AND DAMAGE FEES, PROCESSING FEES, AND MISCELLANEOUS FEES FOR THE MARION & ED HUGHES PUBLIC LIBRARY AS SHOWN IN EXHHiTT "A" ATTACHED, AND REPEALING ORDINANCE NO. 2000-04. 1 SECTION 1. Repeal of Previous Ordinances and Reeulations. 1. All other ordinances and/or regulations governing City ofNederland library fees in conflict with this ordinance are hereby repealed when this ordinance takes effect. WHEREAS, the City Council of the City ofNederland has been presented a schedule of fees for the Marion & Ed Hughes Public Library for its acceptance and adoption, including a fee schedule for overdue fines, lost and damage fees, processing fees, and miscellaneous fees; WHEREAS, the City Council of the City ofNederland deems it advisable and to be in the best interest of the citizens ofNederland to adopt the fee schedule for the Marion & Ed Hughes Public , Library as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the schedule of fees for the Marion & Ed Hughes Public Library as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this amendment shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 44 day of `f id. .2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: a 2 LaDonna Floyd, City Clerk City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City A toi rney City ofNederland, Texas 069 Exhibit "A" - + -.a. - - - - FEESCHEDULE The Library Director has the authority to waive or negotiate payment of fines or fees, for materials and meeting ' rooms, based on extenuating circumstances. The non-resident fee can only be waived by action of the City Council. ITEM OVERDUE FINES LOST OR DAMAGED FEE * I PROCESSING FEE Books, adult $0.10/day $25.00 $5.00 Books, juvenile $0.10/day $15.00 $5.00 Paperbacks, uncataloged $0.10/day $5.00 $1.00 Books on tape, adult $0.10/day $35.00 $5.00 Books on tape, juvenile $0.10/day I $15.00 I $5.00 Book on CD ' $0.10/day I $35.00 I $5.00 Videotapes $1.00/day I $35.00 I $5.00 DVD $1.00/day $35.00 I $5.00 Cassette kits $0.10/day $10.00 I $3.00 Periodicals I $0.10/day I $3.00 $1.00 Art prints I $1.00/day I repair or replacement cost $5.00 CD-ROM I $2.00/day I repair or replacement cost I $5.00 Audio-visual equipment I $2.00/hour I repair or replacement cost I $10.00 Kits I $2.00/day I repair or replacement cost I $5.00 Keys (public rooms, i.e. I $5.00/day I replacement and rekeying $5.00 typing room, study rooms) charges MISCELLANEOUS I Cassette kit bag/video case I I $0.50 Barcode I+ I $0.50 Jewel I I case $2.00 (',T) -ROM alhgrn I I -Q10 nn * If the cost of the item is known, it will be assessed. MISCELLANEOUS FEES ITEM I FEE Lost borrowers cards $3.00 Photocopies (per page) $0.15 Microfilm copies (per page) $0.25 Computer printouts (per page) $0.15 Non-resident fee (does not apply to city employees, NISD students, or NISD teachers) $25.00 Video or CD-ROM returned in book drop $2.00 Meeting Room Deposit (refundable if meeting room is left in good condition) $25.00 Meeting Room Fee, for use after library hours, non-refundable (per hour or part of hour) $10.00 Exhibit "A" - + -.a. - - - - 1 CITY OF NEDERLAND RESOLUTION NO. 2001-05 A RESOLUTION BY THE CITY COUNCIL OF NEDERLAND, TEXAS AUTHORIZING PARTICIPATION BY THE CITY OF NEDERLAND, TEXAS, IN THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) WAVES FOR FISCAL YEAR 2001 FOR A GRANT FUND OF $9,329.00. WHEREAS, the City Council of the City of Nederland hereby authorizes the participation of the City of Nederland in the Texas Highway Traffic Safety Program being administered by the State of Texas by and through the Texas Department of Transportation on the terms and conditions set forth in the Texas Highway Traffic Safety Program Agreement, a copy of which is attached hereto and incorporated herein for all purposes, and WHEREAS, the Mayor of the City of Nederland is hereby authorized and empowered to execute said contract on behalf of and as an act of the City of Nederland and, is further authorized to execute all applications, contracts, and agreements necessary to implement and carry out the terms of this resolution and the Texas Highway Traffic Safety Program Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofNederland approves participation in the Selective Traffic Enforcement Program (STEP) Waves for fiscal year 2001 for a grant fund of $9,329.00. PASSED AND APPROVED this X02 day oflr�DAA-,A .2001. Homer E. Nagel, Mayor Attest: a Meg g 'J, LaDonna Floyd, City Clerk 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: 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 South 15`s Street and Avenue N. All vehicles must come to a complete stop before the stop sign or any designated crosswalk. I ARTICLE XVI. SECTION 122 -PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of amisdemeanor, and shall on conviction thereofbe 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 ofNederland, Texas on this the 1j_ day of -LJQA.ah 2001. omer E. Nagel, Mayor ' City of Nederland, Texas ATTEST: LaDonna Floyd,t Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Richess,�ityrlomey City of Nederland, Texas 0,71 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 TWO HUNDRED DOLLARS ($200.00). 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: 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 South 15`s Street and Avenue N. All vehicles must come to a complete stop before the stop sign or any designated crosswalk. I ARTICLE XVI. SECTION 122 -PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of amisdemeanor, and shall on conviction thereofbe 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 ofNederland, Texas on this the 1j_ day of -LJQA.ah 2001. omer E. Nagel, Mayor ' City of Nederland, Texas ATTEST: LaDonna Floyd,t Clerk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Richess,�ityrlomey City of Nederland, Texas 0,71 072 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. CALL MEETING TO ORDER March 26, 2001 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Nugent to approve the minutes of the March 12, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 3. REQUEST 1 Mr. W. T. Block and Mr. Mike Tarver addressed the Council to request that the City of Nederland approve the erection of a veteran's memorial marker being placed at Tex Ritter Park. The current marker does not have all Nederland veterans names listed. Mr. Block and Mr. Tarver have discovered six men who gave their lives for our country who are not included on the existing marker. They suggested that if the City does approve the marker area veteran organizations would probably be willing to donate to the cost. They also believe that area civic organizations would be willing to donate. Mr. Tarver obtained a cost estimate of $1,800.00 to $2,400.00. Andre' Wimer, City Manager, suggested that one large marker be installed displaying the names of veterans from all wars. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to direct the City Manager and staff to study the proposal submitted by W. T. Block and Mike Tarver regarding the placement of a Veteran's Memorial at Tex Ritter Park and to obtain cost estimates and report back to Council with the findings. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ■ Minutes continued, March 26, 2001 4. ORDINANCE A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve Ordinance No. 2001-05, accepting Cities of Mercedes and Weslaco Class Action Settlement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 5. RESOLUTION A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve Resolution 2001-06, opposing the elimination of Junior Water Rights from the Texas Water Code. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 6. CONTRACTS/AGREEMENTS A motion was made by Councilmember Clayton and seconded by Mayor Pro Tem Sawyer to approve a contract between the City of Nederland and the International Association of Fire Fighters, Local 3339. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. CHANGE ORDER A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 1, ALLCO, Inc. in the amount of + $43,486.00 for the Wastewater Treatment Plant project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 8. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $1,708.72, Nederland Avenue repairs; $7,192.98, 1999-2000 wastewater collection system rehabilitation (Year 2); $7,052.29, wastewater system improvements (treatment plant); and, $414.00, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 673 �7 Minutes continued, March 26, 2001 A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve payment to ALLCO, Inc. in the amount of $198,970.34, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $263.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Mayor Pro Tem Sawyer to approve payment to Hart Construction in the amount of $51,462.90, west annexation, phase 1. MOTION CARRIED. 9. EXECUTIVE SESSION The regular meeting was recessed at 6:35 p.m. by Mayor Nagel 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; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, ' Entergy, Inc. and Entergy Services, Inc.; possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant, and Entergy Rate Case, PUC Docket No. 22356, SOAH Docket No. 473-00-1021 . 10. RECONVENE The regular meeting was reconvened at 6:55 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to oppose the settlement proposal being offered in the Entergy Rate Case, PUB Docket No. 22356, SOAH Docket No. 473-00-1021. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Don Pumphrey, Entergy, Inc., stated that he would like to have the City support the settlement proposal. He added that rates are frozen until 2005 and this settlement would not effect residential and small industry rates. Mr. Pumphrey said that these funds would be used to maintain the distribution system. Minutes continued, March 26, 2001 ' 11. OFFICIALS' COMMENTS Councilmember Radcliff reported that she received a call from the residents at 1807 Avenue K requesting that the City repair their driveway which was torn up by City crews to repair city lines. Mayor Pro Tem Sawyer stated that City personnel and crews did an excellent job working with the Nederland Heritage Festival. Councilmember Clayton added that the festival appeared to be a big success for the City. Chief Neal reported that the prisoners did an excellent job cleaning the area. 12. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to adjourn the meeting at 7:15 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 1 ATTEST: C�E, .Vlj LaDonna Floyd, City Clerk City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 075 1. 07 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE I PRESENT I ABSENT Homer Nagel Mayor Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member- Ward 3 Dick Nugent Council Member- Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Billy Neal Police Chief V -- Mike Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works I v Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager I v' Mayor City Clerk -ac� - o Date 1 1 fl CITY OF NEDERLAND RESOLUTION 2001-06 A RESOLUTION OPPOSING THE ABOLISHMENT OF JUNIOR WATER RIGHTS FROM THE TEXAS WATER CODE WHEREAS, the availability ofwater in Southeast Texas is of vital concern to citizens, industry and agriculture and of primary importance to local economic development efforts; and WHEREAS, Texas Water Code provisions commonly known as Junior Water Rights seek to ensure a continued supply of water to this and other areas of the State, without undue taking; and WHEREAS, water planning districts have studied their regional needs for the next 50 years as required by State law and determined that all areas can meet their water requirements in that time frame with the Junior Water Rights provisions in place; and WHEREAS, studies of the ecological water needs for each water basin have not been completed; and WHEREAS, removal of Junior Water Rights would establish a dangerous precedent of one area imposing its will on another region, without sound scientific studies and without a documented need to acquire these water resources. 'NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, Texas, that it does strongly oppose the removal of the Junior Water Rights provisions from the Texas Water Code as proposed in Senate Bill 2 and House Bill 3290 of the 2001 Texas Legislature. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the o2 to day of !C! i "-A .2001. Homer E. Nagel, Mayor ✓✓ City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ciry Attor y City of Nederland, Texas 1 077 CITY OF NEDERLAND ' ORDINANCE NO. 2001-05 AN ORDINANCE APPROVING CLASS SETTLEMENT, AUTHORIZING CITY OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECTUATE SETTLEMENT, ADOPTING JUDGEMENT OF THE COURT, AND PROVIDING FOR SEVERABILITY. WHEREAS, the City voluntarily remained a class member in the class action suit styled Cities of Mercedes and Weslaco (formerly Pharr), Individually, and as Rule 42 Class Representatives on Behalf of Themselves and AllOther Similarly -Situated Entities v. Rio Grande Valley Gas Co., Southern Union Company, d/b/a Southern Union Gas, Cause No. C -4558-95-G-2; and, WHEREAS, the City has been kept apprized of the developments, progress and terms of the prior appeals, discovery and proposed settlement of the class action suit; and, WHEREAS, the City has been adequately represented and has received due and proper notification of a proposed class action settlement in the above referenced matter, and has elected to accept the terms of said settlement; and, WHEREAS, the City understands that as a class member the judgment and settlement in the class action suit is finally and totally binding upon the City as to all , of the defendants in that litigation, plus their affiliated companies, including, but not limited to, Mercado Gas Services, Inc. and Rio Grande Valley Appliance Company, and all other predecessor companies, divisions, affiliates or subsidiaries of Southern Union Company; and, WHEREAS, defendants in that litigation have denied any liability; and, WHEREAS, the City fully intends to accept the benefits and obligations of the final judgment and terms of the proposed settlement agreement; and, WHEREAS, the City has been made aware of and received a copy of the final judgment approved and entered by the court in the class action suit; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Nederland that the City approves, accepts and binds itself to the full terms of the judgment, Settlement Agreement, Release and Rule 11 Agreement entered, passed and approved in Cause No. C -4558-95-G-2, styled Cities of Mercedes and Weslaco (formerly Pharr), Individually, and as Rule 42 Class Representatives on Behalf of Themselves and All Other Similarly -Situated Entities v. Rio Grande Valley Gas Co., Southern Union Company, d/b/a Southern Union Gas, attached as Exhibit "A" hereto. IT IS FURTHER ORDAINED by the City that Southern Union Company d/b/a Southern Union Gas Company is further authorized, pursuant to the terms of the Settlement Agreement and Final Judgment, to adjust cost of gas and rate schedules for customers inside the City as set forth in the Judgment and Settlement Agreement. , IT IS FURTHER ORDAINED that all notices and time limits that may be otherwise required are hereby waived due to the necessity, urgency and public interests to which this ordinance pertains. IT IS FURTHER ORDAINED that the Mayor, City Manager or other appropriate city official is authorized to cause a certified copy of this ordinance to be forwarded by certified mail to each of the following: Benjamin L. Hall, III The Hall Law Firm 4310 Yoakum Blvd. Houston, TX 77006 Juan Molina Law Office of Juan Molina 710 S. Texas Blvd. Weslaco, TX 78596 Dan Bishop Daniel W. Bishop, II, P.C. 106 E. Sixth Street, Suite 700 Austin, TX 78701 This ordinance is severable and if any portion of the ordinance is found to be unconstitutional, such portion is deemed ineffective but such should not affect or nullify the remaining portions of this ordinance that are otherwise lawful and constitutional. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the oAL day of 7-1 aArh 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: /L.L--..-- Richard D. Hughes, Cit Attorney City of Nederland, Texas 1 071 6,8(o, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. CALL MEETING TO ORDER April 9, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Nugent to approve the minutes of the March 26, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PROCLAMATION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve a proclamation declaring April 2001 as "Sexual Assault Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Mayor Nagel announced that the March of Dimes had requested a proclamation to have April 21, 2001 declared "Walkamerica Day", but it was too late to be placed on this agenda. He read the proclamation and announced that it would be done administratively. 4. REQUEST Paul Gallier, 3211 Avenue G, is requesting a waiver of a grass lien that was placed on his property prior to his purchasing it. Mr. Gallier came before the Council last year with a similar request and the Council waived the penalty and interest only. Since that time Mr. Gallier was notified by his abstract company that one lien was still on the property. Mr. Wimer reported that the grass liens are filed by legal description and this additional one was under a slightly different description, which could have been caused by a clerical error. 1 Minutes continued, April 9, 2001 A motion was made by Councilmember Clayton and seconded by Council - member Radcliff to waive the penalty and interest fees only of the grass lien on the property of Paul Gallier, 3211 Avenue G. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. RESOLUTION A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Nugent to approve Resolution 2001-08, opposing Senate Bill 578, which would remove local control from the 9-1-1 system. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Pete De La Cruz, South East Texas Regional Planning Commission, thanked the Mayor and Council for their support in opposing SB 578. PUBLIC HEARING Mayor Nagel recessed the regular meeting at 3:19 p.m. for the purpose of conducting a Public Hearing to receive comments and/or questions regarding the submission of a Small Communities -Small Grants application to the Texas Parks and Wildlife Department. Andre' Wimer, City Manager, stated that the public hearing is a requirement of the grant application process. He added that Jim Weaver, Director of Parks and Recreation, has submitted for funds to purchase a slide for the swimming pool, fencing around and resurfacing of the outdoor basketball courts, and new picnic tables. The total cost is $44,000 and, if approved, the State will fund 50% of this amount. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:25 p.m. by Mayor Nagel. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Sawyer to approve Resolution No. 2001-07, authorizing submission of a grant application to the Texas Parks & Wildlife Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 08121 Minutes continued, April 9, 2001 8. ORDINANCE A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to approve Ordinance No. 2001-06, amending Parks and Recreation fees. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. POLICIES/PROCEDURES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve an amendment to the Safety Policy. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. BIDS/PROPOSAL A motion was made by Councilmember Clayton and seconded by Council - member Nugent to award bids received for concrete raising to Concrete Raising Corporation, Houston, TX, as follows: $16.98/1-F for lifting and stabilizing concrete street pavement up to 6.00" lift; $19.55/LF for lifting and stabilizing concrete street pavement 6.00" up to 9.00" lift; $2.75/Sq.Ft. for lifting and stabilizing concrete sidewalk up to 6.00" lift; and, $2.95/Sq.Ft. for lifting and stabilizing concrete sidewalk 6.01 " up to 9.00" lift, for an estimated cost of $90,647.10. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to approve payment to Excavators & Constructors, Inc. in the amount of $316,000.00, Main "C" Area 1 drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payments to d.p. Consulting Engineers, Inc. as follows: $23,949.15, Main "C" drainage improvements, Area 1; and, $1,437.41, Boston Avenue landscaping. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. L C Minutes continued, April 9, 2001 A motion was made by Mayor Pro Tem Sawyer and member Clayton to approve payment of the bills for MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Noes: None. 12. EXECUTIVE SESSION seconded by Council - the month of March. Radcliff, and Nugent. The regular meeting was recessed at 3:40 p.m. by Mayor Nagel for the purpose of conducing and Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss grievance of Randy Sonnier; Chapter 551.072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant. 13. RECONVENE The regular meeting was reconvened at 4:04 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. Mayor Nagel added that Randy Sonnier was unable to attend, therefore, the grievance will be held at a later date. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City Attorney feels our current sidewalk ordinance is sufficient, however, he believes that the City should be responsible for hazards and safety concerns, and any aesthetic problems should be the responsibility of the adjacent property owners. Mr. Wimer added that the City Attorney suggested that if any changes are made to the ordinance the misdemeanor clause should be deleted. 15. ADJOURN A motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 4:13 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayo ��td�`pIN c ATTEST: La Donna Floyd, City Clerk LAND; 08 GS4 NAME Homer Nagel Robert Sawyer Joe Clayton Judy 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 C erk q -9 -or Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE PRESENT Mayor V1 - Council Member- Ward 9 ti/ Council Member- Ward 2 Council Member- Ward 3 Council Member- Ward 4 City Manager City Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director Librarian Assistant to the City Manager ABSENT r 10 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 2001-08 WHEREAS, SB 578 eliminates the provisions of law that require that 9-1-1 service fees be returned to each region of the state in proportion to the fees paid by each region's residential and business customers; WHEREAS, SB 578 will take the long distance 9-1-1 equalization surcharge for assisting rural areas and diverts those funds to a poison control program that already has its own source of funding; WHEREAS, SB 578 diverts fees collected from local residents and businesses for 9-1-1 telephone services to require implementation of a roadside callbox network at an estimated cost of $363.9 million for installation and a cost of $27.8 million each year thereafter; WHEREAS, SB 578 removes regional councils, acting for local governments, from any involvement in the current 9-1-1 emergency phone services system; and WHEREAS, SB 578 removes all authority and funding for 9-1-1 in areas not served by a 9-1-1 district or home rule city and places it under State control. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Nederland, Texas does hereby oppose Senate Bill 578. PASSED AND APPROVED this q day of Q0�, 2001. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City torney City of Nederland, Texas ..db — ftomer E. Nagel, Mayor City of Nederland, Texas G85 IM G CITY OF NEDERLAND RESOLUTION NO. 2001-07 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS (HEREINAFTER CALLED THE APPLICANT) DESIGNATING OFFICIALS AS BEING RESPONSIBLE FOR THE APPLICANT IN DEALING WITH TEXAS PARKS & WILDLIFE (TPW) FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT SMALL GRANTS PROGRAM (HEREINAFTER CALLED THE PROGRAM); CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT'S MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Applicant is fully eligible to receive assistance under the Program and is a political subdivision of a population of 50,000 or less; and WHEREAS, the Applicant is desirous of authorizing an official to represent the Applicant in dealing with TPW concerning the Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs its Director of Parks and Recreation to act for the Applicant in dealing with TPW for the purpose of the Program, and James Weaver is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the above-named official to make application to TP W concerning the site to be known as the Doombos Park Recreation Improvement Project in the City of Nederland for use as a park site and is hereby dedicated for public park and recreation purposes in perpetuity, or for the lease term, if legal control is through an inter- governmental lease. PASSED AND APPROVED this 4 day of ObaA�J 2001. Homer E. Nagel, Mayor 'y City of Nederland, Texas ATTEST: 0�'o. C�>Peo.01 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 'cha�D,ghe�Cfty4�omey Citv of Nederland. Texas t f CITY OF NEDERLAND ORDINANCE NO. 2001-06 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING PRICE PLANS, FACILITY RENTAL FEES, POOL RENTAL/PASSES AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN IN EXHIBIT "A" ATTACHED. WHEREAS, the City Council of the City of Nederland has been presented a schedule of rental fees for the Nederland Recreation Center for its acceptance and adoption, including non-resident price plans, facility rental fees, pool rental/passes, and league fees; WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the fee schedule for the Nederland Recreation Center as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the schedule of rental fees for the Nederland Recreation Center as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. THAT this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 9 day ofQom' Q , 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: _ �_ rum LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At orney City of Nederland, Texas Exhibit "A" vederland Recreation Center PRICE PLANS Everyone must register and show proof of residency "Building Hours - Ooen for Public Lisa Monday through Thursday 8 a.m. - 9 p.m. FACILITY RENTAL FEES Priday 8a.m.-5p.m. Saturday 9 a.m. - 5 p.m. Sunday Closed Per Hour Stipulation Individual Individual Individual min. 2 hr. after hours Daily Monthly uarterly Annual JISD $1.00 $12.00 24.00 $ 72.00 ;Jon -resident $5.00 $30.00 $80.00 $200.00 Racquetball Club after hours only $18.00 $24.00 $80.00 Hoop & Spike Club $18.00 $24.00 $80.00 Racquetball Court fee $2.00 per person per hour (maximum 2 hours) "Building Hours - Ooen for Public Lisa Monday through Thursday 8 a.m. - 9 p.m. FACILITY RENTAL FEES Priday 8a.m.-5p.m. Saturday 9 a.m. - 5 p.m. Sunday Closed Per Hour Stipulation After-hours Deposit `,ym min. 2 hr. after hours $17.00 /hour $50.00 $2.00/ per only Family of 4 Lounge/Kitchen $10.00/hour I Additional, members add $10/per $17.00/hour $20.00 Classroom $10.00/hour $17.00/hour $20.00 :Jame room after hours only $1.00/hour $20.00 Any outdoor $50.00 park facility clean up after use All activities must be approved by Parks and Recreation Director Functions exceeding 50 persons will be charged &.1.00 per person exceeding 50 COMMISION FEE: Tournaments, classes and clinics require an 80/20 split of generated income and subject to rental fees VENDOR FEE: $50.00 per day required for vendors at special events that are approved and sanctioned by the City SECURITY: All functions are subject to being required to have security on site and the responsiblity for all arrangements and fees. POOL FEES Private Renud Deposit $35 Admission Fees Daily Age 4-9 Age under 4 Daycare patrons Season Pass Single $70 LEAGUE FEES Softball Basketball tournaments, Classes, Clinics & Fund-raisers Fees $2/Swimmer over 30 minimum $70.00 $2.00/day Swimmer must be 10 years old minimum age to swim without adult $1.00/day must be accompanied by adult at all times Free must be under adult supervision at all times $2.00/ per ( must have 1:5 ration adult child Family of 4 $130 I Additional, members add $10/per Fees Stipulation $300.00 Includes ASA umpire fee, TAAF registration $80.00 Teams pay referees $12/game 80/20 split generated income Responsible for security arrangements 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 6:00 p.m. April 23, 2001 1. CALL MEETING TO ORDER 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the minutes of the April 9, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 3. PROCLAMATION Mayor Nagel presented a proclamation to Isa Pierce declaring May 6-12, 2001 as "Nurse's Week" in Nederland. He added that the request for the proclamation was too late to appear on the agenda but he had approved it administratively. Ms. Pierce thanked the Mayor and City Council for the declaration. 4. ORDINANCES A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Sawyer to approve Ordinance No. 2001-07, regulating the demolition of buildings within the city limits of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nagel to approve an Amendment to Ordinance No. 34, sidewalk ordinance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. cy9() Minutes continued, April 23, 2001 A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve an Amendment to Ordinance No. 164, setting Council meeting dates. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. BIDS/PROPOSALS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Clayton to award bids received for drainage area 2 to L. D. Construction, Beaumont, TX, in the amount of $681,353.00; contingent upon receipt of a permit from Jefferson County Drainage District No. 7. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to authorize advertisement of bids for the Highway 69 crossing to be received May 22, 2001, at 2:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CHANGE ORDER A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 2 with J & D Construction for the 1999-2000 wastewater collection system rehabilitation in the amount of +$27,575.00; contingent upon the City Attorney researching the legality of increasing the contract. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. PAYMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Council - member Clayton to approve payment to ALLCO, Inc. in the amount of $158,362.11, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, April 23, 2001 A motion was made by Councilmember Clayton and seconded by Mayor Pro Tem Sawyer to approve payment to T & N Laboratories, Inc. in the amount of $247.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve payment to J & D Construction in the amount of $132,834.67, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Mayor Nagel to approve payment to Hart Construction in the amount of $76,343.13, annexation water and sewer, phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. EXECUTIVE SESSION The regular meeting was recessed at 6:38 p.m. by Mayor Nagel for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551 .074, annual evaluation of City Manager; Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and, possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant. RECONVENE The regular meeting was reconvened at 7:09 p.m. by Mayor Nagel. He announced that the Executive Session was held for informational purposes only. 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, briefly reviewed the time lines for several projects. He reported that the trees at Tex Ritter Park which died as a result of the brine pipeline leak are being removed and should be replaced soon. Mr. Wimer added that a new contract for landfill services should appear on an agenda in the near future. C Minutes continued, April 23, 2001 Paul Hempel, 1315 South 36" Street, asked about the drainage project along his street. Will Larrain, d.p. Consulting Engineers, briefly explained the design ` of the drainage project. 11. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7:27 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: 4J/o"- J/o"- 'a" �r�/ LaDonna Floyd, City Clerk City of Nederland, Texas 7 Homer E. Nagel, MIyor City of Nederland, Texas N Ep�g U `92 . O u City Clerk ` q- a3 -o, Date 1 693 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME I TITLE I PRESENT 1 ABSENT I Homer Nagel Mayor ✓ Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member- Ward 3 / Dick Nugent Council Member- Ward 4 Andre' Wimer City Manager I ,/ LaDonna Floyd City Clerk I �/ Richard Hughes City Attorney I i/ Billy Neal Police Chief I i/ Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works I �/ Rod Hatch Building Official Jim Weaver Parks and Recreation Director I ,/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor City Clerk ` q- a3 -o, Date 1 693 i9Ji ORDINANCE NO. 2001-07 AN ORDINANCE REPEALING ORDINANCE NO. 2001-01 AND AMENDING CHAPTER 18, ARTICLE II AND ARTICLE VII, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, CONCERNING UNSAFE AND DANGEROUS BUILDINGS AND ADOPTING V.T.C.A., LOCAL GOV. CODE, CHAPTER 214, SUBCHAPTER A.; PROVIDING CRITERIA AND REGULATIONS RELATING TO BUILDINGS AND STRUCTURES THAT ARE DILAPIDATED, SUBSTANDARD, OR UNFIT FOR HUMAN HABITATION AND A HAZARD TO THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR NOTICE AND PUBLIC HEARING, ASSESSMENT OF EXPENSES, ENFORCEMENT LIENS, AND CIVIL PENALTIES; PROVIDING FOR JUDICIAL REVIEW, CRIMINAL PENALTY, REPEAL AND SEVERABILITY. RECITALS (A) The City Council of the City of Nederland desires to repeal Ordinance 2001-01, which requires a judicial warrant as a prerequisite to seizure and demolition of a building, as this warrant requirement has been abolished by recent court decision. See Freeman v. City of Dallas (No. 97-10907, United States Court of Appeals for the Fifth Circuit, March 22, 2001). The City Council desires to adopt the identical ordinance but without the warrant requirement, as set forth herein; (B) The City Council of the City of Nederland desires to amend Article II, Section 18-26 of the Code of Ordinances of the City of Nederland in order to establish minimum standards for the use and occupancy of buildings and structures and (C) The City Council of the City of Nederland desires to amend Article VII, Sections 18-321 through 18-325 of the Code of Ordinances of the City of Nederland in order to require the vacation, relocation of occupants, securing, repairing, removal or demolition of a building or structure by adopting the provisions of V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. Municipal Regulations of Structures. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That Ordinance No. 2001-01 adopted on February 12, 2001 is hereby repealed in its entirety when this Ordinance takes effect. Section 2: That the Standard Building Code adopted in Chapter 18, Sec. 18- 26, of the Code of Ordinances of the City of Nederland be, and the same is hereby, amended as follows: Section 103.5, as amended, pertaining to unsafe buildings or systems is hereby repealed in its entirety. Section 3: That Article VII Dangerous Buildings, Section 18-321 through Sec. 18-325, of the Code of Ordinances of the City of Nederland be, and the same is, hereby repealed in its entirety, and the following Article VII provisions are substituted in its place: "ARTICLE VII DANGEROUS BUILDINGS Sec. 18 - 321. Authority regarding substandard buildings and structures. For the purpose of establishing the minimum regulations governing the continued use and occupancy of buildings and structures within the City regardless of the date of their construction by requiring the vacation, relocation of occupants, securing, repair, removal, or demolition of a building that is dilapidated, substandard or unfit for human habitation and a danger or hazard to the public health, safety and welfare, there is hereby adopted by the City of Nederland, Texas, the statutory provisions set forth in V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. Municipal Regulations of Structures, through and all future revisions thereof, save and except such portions as are deleted, modified or amended by statute or modification or exception provided herein below. 4LA a 695 Sec. 18 - 322. Minimum Standards. (a) As required by V.T.C.A., Local Gov. Code, § 214.001 (b) (1), the City establishes the following minimum standards for the continued use and occupancy of all buildings or structures regardless of the date of their construction: 1. The owner of a building or structure shall maintain such property sothat it does not become dilapidated, substandard, or unfit for human habitation and a danger or hazard to the public health, safety and welfare or constitute any condition or status described in V.T.C.A., Local Gov. Code, § 214, 001 (a) (1) (2) or (3) or § 214.002; 2. A building or structure is dilapidated, substandard or unfit for human habitation and a danger or hazard to the public health, safety and welfare when the City finds that it is: (i) So damaged, decayed, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible; (ii) Unsanitary, vermin or rat infested, containing filth and contamination, or lacking ventilation, illumination, sanitary or heating facilities or other essential equipment required by the City's codes, or because the location of the structure constitutes a hazard to the occupants or to the public; (iii) In a state of disrepair such that it could reasonably cause injury, damage, harm or inconvenience to a considerable portion of the surrounding neighborhood in the use and enjoyment of property, materially interfering with the proper use or comfort and enjoyment of surrounding property, taking into consideration the nature and use of the properties in the area and the characteristics of the community in which they are situated which conditions would be substantially offensive and annoying to persons of ordinary sensibilities, tastes and habits living in the community; or (iv) In a state of disrepair such that ; (1) its walls or other vertical structural members list, lean or buckle in excess of three-fourths inch of horizontal measurement; (2) it has thirty-three percent (33%) or more damage or deterioration of the supporting members, or fifty percent (50%) or more damage or deterioration of the non - supporting or outside walls or coverings; (3) its electrical wiring, gas piping, or appliances are so unsafe or defective that it is likely to cause or promote fires; or, (4) it is in violation of any provision of the City's building, electrical, mechanical or fire codes or other ordinances of the City, to the extent that it is a danger to the health, safety, and welfare of the citizens of the City. (b) Vacant buildings and structures which, in the opinion of the Building Official or City Council, can be made to comply with the minimum standards set forth herein at a total cost of no more than fifty percent (50%) of their fair market value will be provided the opportunity to be repaired by the owner to the minimum standards. When the necessary repairs to the building or structure is twenty-five percent (25%) or less of the total structure, the repairs shall be performed to the requirements of the City codes in place at the time of its original construction. But if the repairs will affect more than twenty-five percent (25%) but less than fifty percent (50%) of the total structure, the necessary repairs shall be performed to the requirements of all codes in place to date. The 25-50% rule shall not apply to buildings or structures that are occupied so that the 50% fair market value may be exceeded upon recommendation of the Building Official or City Council. Sec. 18 - 323 Notice. (a) If a building or structure is found by the Building Official to be in violation of the minimum standards for continued use and occupancy set forth herein, the notice of public hearing shall be given to the owner, lienholder or mortgages in accordance with the applicable provisions of V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. The notice of hearing must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to get the building to the minimum standards set forth herein and the time it will take to reasonably perform the work. In addition, the notice of hearing may include that statement contained in V.T.C.A., Local Gov. Code, § 54.005. (b) Prior to notice of hearing, the Building Official may notify the owner of the building or structure in writing, by certified mail, of his findings and order to repair, vacate, secure, demolish or remove the building or structure. The written notice shall specify a reasonable length of time for the owner to complete the action , the length of time being predicted on the nature and extent of the action required to make the building or structure comply with the minimum standards. Sec. 18 - 324 Hearing. A public hearing required by V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. shall be held before and conducted by the City Council of the City of Nederland with a quorum present. The City Council shall hold the hearing required under local Gov. Code, Chapter 214, Subchapter A. in lieu of the civil municipal court allowed by § 214.001 (p). The City designates the Building Official or his designated representative to present all cases to the City Council. After the public hearing, if a building is found to be in violation of the minimum standards set forth herein, the City Council may take any and all action as is reasonably appropriate and authorized by law, including but not limited to actions and orders specifically authorized by V.T.C.A., Local Gov. Code, § 54.004 and Chapter 214, Subchapter A. Sec. 18 - 325 Expenses, Liens, and Civil Penalties. In addition to the authority granted to the City by V.T.C.A. Local Gov. Code, § 214.001, the City may assess expenses, impose and foreclose liens, and impose and enforce civil penalties as authorized by V.T.C.A., Local Gov. Code, § 214.001 (m) and (n), § 214.0011 (f), § 214.0015, or § 214.002, subject to the same conditions as provided in the applicable section, including any notice and filing requirements. Suit may be instituted by the City and recovery had and said liens foreclosed in the manner provided by law. Sec. 18 — 326 Judicial Review. Any owner, lienholder, or mortgagee of record aggrieved by an order of the City Council issued under Section 18 - 323 hereof or under V.T.C.A. , Local Gov. Code, Chapter 214, Subchapter A. as adopted herein, may appeal the decision or order as provided by V.T.C.A., Local Gov. Code, § 214.0012. Sec. 18 - 327 Unlawful Conduct and Penalties. Any person who intentionally, knowingly, or recklessly fails to comply with an order issued by the City Council under V.T.C.A., Local Gov. Code, § 214.002, Subsection (a)(1) shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each day or portion thereof during which non-compliance of said order is committed or continued, and upon conviction shall be punished as provided by Section 1-4, General Provisions, of the Code of Ordinances of the City of Nederland and its future amendments. Sec. 18 - 328 Definitions. (a) In this article: 1. "Building Official" means, the appointed Chief Building Official of the City of Nederland who is charged with the administration and enforcement of the standard building code and other similar codes, or any authorized representative. 4. "person" means, an individual, corporation, partnership or any other group acting as a unit. 5. "structure" means a building or a part of a building that is constructed, produced, or artificially built up or composed of parts purposefully joined together. (b) Where terms are not defined herein and are defined in the building, fire prevention, zoning, electrical, plumbing or mechanical codes of the City, said terms shall have the hearings ascribed to them as in those codes. Where terms are not defined, as provided herein, such terms shall have ordinary accepted meanings as the context implies." Section 4. That if any sections, subsection, sentence, clause or phase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this ordinance, and to such and the various portions of this ordinance are declared to be severable. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED BY VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THIS o23 DAY OF2001. CITY OF NEDERLAND BY:E�E�MA��R ATTEST: LaDo a FI yd City Cletk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY Rich�Hughes, Ci y ttorney City of Nederland, Texas 2. 'occupant' means, any individual living or sleeping in a building, or having possession of a space within a building. 3. "owner" means, a person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. 4. "person" means, an individual, corporation, partnership or any other group acting as a unit. 5. "structure" means a building or a part of a building that is constructed, produced, or artificially built up or composed of parts purposefully joined together. (b) Where terms are not defined herein and are defined in the building, fire prevention, zoning, electrical, plumbing or mechanical codes of the City, said terms shall have the hearings ascribed to them as in those codes. Where terms are not defined, as provided herein, such terms shall have ordinary accepted meanings as the context implies." Section 4. That if any sections, subsection, sentence, clause or phase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this ordinance, and to such and the various portions of this ordinance are declared to be severable. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED BY VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THIS o23 DAY OF2001. CITY OF NEDERLAND BY:E�E�MA��R ATTEST: LaDo a FI yd City Cletk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY Rich�Hughes, Ci y ttorney City of Nederland, Texas 1 AN AMENDMENT TO ORDINANCE NO. 34 AN ORDINANCE AMENDING ORDINANCE NO. 34, §8 CODIFIED IN CHAPTER 90, SEC. 90-32 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND REGARDING NOTICE TO REPAIR DEFECTIVE SIDEWALKS, LIABILITY FOR EXPENSES FOR REPAIR AND ABOLISHING CRIMINAL PENALTIES, AND REPEAL. RECITALS WHEREAS, the City Council of the City of Nederland desires to amend Ordinance No. 34, § 8, adopted on 4-9-45, which was subsequently codified in Chapter 90, Sec. 90-32 of the Code of Ordinances of the City of Nederland. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That Ordinance No. 34, § 8 as codified in Chapter 90, Sec. 90-32, of the Code of Ordinances of the City of Nederland be, and the same is hereby, amended to read as follows: Sec. 90-32. Notice to repair defective sidewalks. Whenever it shall come to the notice of the City Manager that any sidewalk has become dangerous to public travel or public safety, from any act or omission of the owner and/or occupant of the property abutting on such sidewalk, he shall cause written notice to be given to such owner and/or occupant and in the notice shall order such defect to be repaired or the defective sidewalk to be removed within a reasonable time, to be stated in the notice, which shall not be less than two days nor more than 20 days from the date of service thereof. If any such notice shall not be complied with, the City Manager shall cause such defect to be repaired, or such defective walk to be removed, by any proper city officer or employee, at the expense of the owner and/or occupant of the abutting property. Section 2: That all ordinances and parts of ordinances in conflict herewith are expressly repealed. Section 3: 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 VOTE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THIS a3 DAY OF_(Jp&/D 2001. CITY OF NEDERLAND BY: '(< HOMERR N �L MA NkGGE 7 ATTEST: (- -A" 011'I P"r Ladonha Floyri, Clerk City of Nederland, Texas APPROVED AS TO FORM AND —LEEGALITY Richard D. Hughes, Cit ttoA rney City of Nederland, Texas �r9:a AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 8, 2001 THROUGH APRIL 22, 2002. 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: May 8, 2001 June 11, 2001 July 9, 2001 August 13, 2001 September 10, 2001 October 8, 2001 November 12, 2001 December 10, 2001 January 14, 2002 February 1 1 , 2002 March 11, 2002 April 8, 2002 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 21, 2001 June 25, 2001 July 23, 2001 August 27, 2001 September 24, 2001 October 22, 2001 November 26, 2001 December 17, 2001 January 28, 2002 February 25, 2002 March 25, 2002 April 22, 2002 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 X23 day of April, 2001. �J Homer E. Nagel, Mayor v City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 P.M. CALL MEETING TO ORDER May 8, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to approve the minutes of the April 23, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. ELECTION LaDonna Floyd, City Clerk, read the results of the General Election of May 5, 2001. For the Council Ward I position Robert Sawyer received 114 votes during Early Voting and 165 on Election Day for a combined total of 279 votes. Challenger J. E. "Gene" Mayo received 18 votes during Early Voting and 78 on Election Day for a combined total of 96 votes. For the Council Ward III position Judy Radcliff ran unopposed and received 121 votes during Early Voting and 203 on Election Day for a combined total of 324 votes. Mrs. Floyd administered the Oath of Office to Robert Sawyer, Councilmember Ward I, and Judy Radcliff, Councilmember Ward III. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to accept the election returns as presented by LaDonna Floyd, City Clerk. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Mayor Nagel to authorize payment of election officials in the amount of $324.00 in accordance with the Texas Election Code. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. i Minutes continued, May 8, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to elect Joe Clayton as Mayor pro tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. DEVELOPMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to approve the final plat of Holland Homes Subdivision, contingent upon payment of all necessary fees, as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. FINANCE - Quarterly Investment Report Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the first quarter of 2001 . A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to accept the Quarterly Investment Report as presented by Cheryl Dowden, Director of Finance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve an Amendment to Ordinance No. 107, providing for the installation of "No Parking" signs along 28' and 29" Streets from Canal to Seattle. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CONTRACTS/AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve an amendment to the contract with Schaumburg & Polk, Inc., Year 3 Sanitary Sewer Evaluation Survey project in the amount of $13,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10.- Minutes continued, May 8, 2001 8. BIDS/PROPOSALS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to authorize the advertisement of bids to be received at 2:00 p.m., June 19, 2001, for a sign and outside furniture for the Marion and Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $5,221.51, west annexation area water and sewer improvements; $4,699.61, 1999-2000 collection system rehabilitation (Year 2); $15,455.70, 2000-2001 collection system rehabilitation (Year 3); $7,222.82, wastewater system improvements (Treatment Plant); and, $3,789.00, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment to Excavators & Constructors, Inc. in the amount of $266,000.00, Main "C" Area 1 drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Clayton to approve payment of the bills for the month of April, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 Minutes continued, May 8, 2001 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the curb replacement project on Avenue E is progressing. 12. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 3:47 p.m. ATTEST: rA ��- . c --� LaDonna Floyd, City Cle'rk City of Nederland, Texas 1 �-ze Homer E. Nagel, Mayor City of Nederland, Texas 103 104 City Clerk Date 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET ' NAME TITLE I PRESENT I ABSENT Homer Nagel Mayor Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member- Ward 3 Dick Nugent Council Member- Ward 4 Andre' Wimer City Manager ✓ LaDonna Floyd City Clerk Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ' Rod Hatch Building Official , Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager C/ Mayor City Clerk Date 1 1 1 1 City of Nederland 105 Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2001 Investments at Beginning of Period (1-1-01) $14,079,843.35 Purchases 11,014,017.73 Maturities 8,723,654.62 Investments at End of Period (3-31-01) $16,370,206.46 Maturity Summary at March 31, 2001 ra Less than 3 months 0 7 to 9 months I OG City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2001 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Drainage Construction Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Equipment Replacement Fund Parks & Recreation Special Fund Bond Redemption Fund Balance @ 1-1-01 Purchases Maturities 2,091,625.62 1,029,609.80 27,361.90 10,245.78 10,000.00 1,999,868.84 824,516.46 850,869.77 9,515.44 134.70 639.68 9.05 519,812.44 7,358.65 2,900,000.00 1,032,419.54 1,015,137.26 36,792.33 520.85 6,383,555.08 8,107,636.19 6,847,647.59 583.19 8.26 46.01 0.65 20.16 0.28 110,022.66 1,557.52 14,079,843.35 11 014,017.73 8,723,654.62 Fund Allocation at March 31, 2001 (12.1 %) Water & Sewer Fund (0.7%) Bond Redenn-i— -- (46.7%) SRF Escrow Fur Balance @ 3-31-01 3,121,235.42 27,607.68 1,973,515.53 9,650.14 648.73 527,171.09 2,917,282.28 37,313.18 7,643,543.68 591.45 46.66 20.44 111,580.18 16 370,206.46 General Fund (32%) Capital Outlay Fund 7.8%) Drainage Construction Fund (0.5%) Other 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2001 LTIFICATESF O D EPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to be Interest March 31, Number Date Date held Rate Face Amount 2001 Maturing during quarter ended March 31, 2001 97760 02/07/00 01/02/01 330 5.8100% 10,000.00 159.25 620327 12/15/00 01/16/01 32 5.2900% 1,019,196.89 2,367.16 332659 12/23/00 01/24/01 32 5.6500% 200,000.00 744.63 332691 08/07/00 02/01/01 178 6.3000% 250,000.00 3,811.61 620624 01/16/01 02/17/01 32 5.1400% 1,023,927.47 4,624.21 332824 08/28/00 02/24/01 180 6.0600% 500,000.00 15,137.26 620699 01/24/01 02/25/01 32 4.9500% 200,000.00 869.77 620442 02/21/01 03/27/01 34 4.6800% 1,028,551.68 4,493.42 321044 02/24/01 03/28/01 32 4.7400% 515,137.26 2,145.02 621051 02/26/01 03/30/01 32 4.7400% 200,869.77 836.42 terest Earnings on Matured CDs for quarter ended March 31, 2001 35,188.75 eld at March 31, 2001 620434 02/01/01 04/02/01 60 4.77% 200,000.00 1,521.80 621101 03/05/01 04/06/01 32 4.89% 2,000,000.00 6,981.06 621135 03/05/01 04/06/01 32 4.89% 1,000,000.00 3,490.52 332832 08/28/00 04/25/01 240 5.90% 1,000,000.00 14,810.91 469852 03/28/01 04/27/01 30 4.59% 517,282.28 195.51 621119 03/05/01 05/04/01 60 4.75% 1,000,000.00 3,396.58 621127 03/05/01 05/04/01 60 4.75% 2,000,000.00 6,793.17 469860 03/30/01 05/29/01 60 4.45% 201,706.19 24.68 469845 03/27/01 05/30/01 64 4.42% 1,033,045.10 502.30 332840 08/28/00 06/24/01 300 5.80% 1,000,000.00 14,646.54 332857 08/28/00 08/23/01 360 5.80% 400,000.00 5,886.86 620376 01/02/01 01/02/02 365 5.10% 10,000.00 126.14 Interest Earnings on CDs held at March 31, 2001 Total Certificates of Deposit held at March 31, 2001 $10,362,033.57 58,376.07 11, 1.0 103 Investment Report Schedule Investments for the Quarter ended March 31, 2001 INVESTMENT POOL - TEXPOOL , Totals for TEXPOOL Investments $4,481,356.53 $63,439.68 $4,544,796.21 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 01/01/01 03/31/31 1 5.71% 2,091,625.62 29,609.80 2,121,235.42 Water & Sewer 01/01/01 03/31/31 1 5.71% 1,549,868.84 21,940.50 1,571,809.34 Parks & Rec. Fund 01/01/01 03/31/31 1 5.71% 20.16 0.28 20.44 Bond Redemp. 01/01/01 03/31/31 1 5.71% 110,022.66 1,557.52 111,580.18 Capital Outlay Fund 01/01/01 03/31/31 1 5.71% 519,812.44 7,358.65 527,171.09 Motel Occupancy 01/01/01 03/31/31 1 5.71% 9,515.44 134.70 9,650.14 Library Special 01/01/01 03/31/31 1 5.71% 17,361.90 245.78 17,607.68 Solid Waste Fund 01/01/01 03/31/31 1 5.71% 639.68 9.05 648.73 SRF Construction Fund 01/01/01 03/31/31 1 5.71% 145,068.26 2,053.64 147,121.90 MCML Dispatch 01/01/01 03/31/31 1 5.71% 583.19 8.26 591.45 Equipment Replacement Fund 01/01/01 03/31/31 1 5.71% 46.01 0.65 46.66 Police Narcotic Fund 01/01/01 03/31/31 1 5.71% 36,792.33 520.85 37,313.18 Totals for TEXPOOL Investments $4,481,356.53 $63,439.68 $4,544,796.21 1 1 109 Investment Report Schedule Investments for the Quarter ended March 31, 2001 l� GOVERNMENT SECURITIES Maturities Average Interest Interest Earned in Days Interest Principal Earned Prior Quarter Ended March Market Holding Period Held Rate Invested Periods 31, 2001 Principal 10/18/00 01/18/01 92 6.457% 2,597,833.33 34,616.27 7,550.40 2,640,000.00 03/22/00 03/31/01 375 4.875% 1,437,324.32 19,025.68 3,650.00 1,460,000.00 11,200.40 4,100,000.00 Held at March 31, 2001 Average Interest Interest Earned in Days to Interest Principal Earned Prior Quarter Ended March Market Holding Period Be Held Rate Invested Periods 31, 2001 Principal U.S. Treasury Money Market 1/01/01 03/31/01 1 4.800% 1,454,518.78 8,857.90 1,463,376.68 Total Interest Earned in Quarter Ended March 31, 2001 $20,058.30 Government Securities Held at March 31, 2001 $1,463,376.68 l� 110 Investment Report Schedule Investments for the Quarter ended March 31, 2001 ' INTEREST EARNED ON DEMAND DEPOSITS Interest Average Earned -Quarter Days to Interest ended March 31, Period Held Maturity Rate 2001 Bond Redemp. 01/01/01 03/31/00 1 5.05% 7,744.75 Capital Outlay Fund 01/01/01 03/31/00 1 5.05% 394.99 CDBG #716591 Fund 01/01/01 03/31/00 1 5.05% 515.76 Court Technology Fund 01/01/01 03/31/00 1 5.05% 42.01 Drainage Construction Fund 01/01/01 03/31/00 1 5.05% 5,677.27 Equipment Replacement Funds 01/01/01 03/31/00 1 5.05% 665.17 General Fund 01/01/01 03/31/00 1 5.05% 27,285.63 Library Special 01/01/01 03/31/00 1 5.05% 580.51 MCML Dispatch 01/01/01 03/31/00 1 5.05% 97.99 Motel Occupancy 01/01/01 03/31/00 1 5.05% 9.03 Nederland Economic Development 01/01/01 03/31/00 1 5.05% 16,063.08 Parks & Rec. Fund 01/01/01 03/31/00 1 5.05% 6.58 Police Narcotic Fund 01/01/01 03/31/00 1 5.05% 545.84 Solid Waste Fund 01/01/01 03/31/00 1 5.05% 751.09 SRF Construction & Escrow Funds 01/01/01 03/31/00 1 5.05% 54,436.09 SSES Fund 01/01/01 03/31/00 1 5.05% 2,882.76 ' W & S Certificate Fund 01/01/01 03/31/00 1 5.05% 681.38 Water & Sewer 01/01/01 03/31/00 1 5.05% 2,670.60 $121,050.53 1 Investment Report Schedule March 31, 2001 Interest Earnings for Quarter Ended March 31, 2001 Bond Redemption Fund $9,302.27 CDBG #716591 515.76 Capital Outlay 7,753.64 Court Technology Fund 42.01 Drainage Construction Fund 58,499.36 Equipment Replacement Funds 665.82 General Fund 60,385.95 Library Special Fund 1,111.68 MCML Dispatch 106.25 Motel Occupancy Tax Fund 143.73 Nederland Economic Development 16,063.08 Parks & Recreation Special Fund 6.86 Police Narcotic Account 1,066.69 Solid Waste Fund 760.14 SRF Escrow & Construction Funds 105,705.93 SSES Fund 2,882.76 W & S Certificate Fund 681.38 Water Fund 32,420.01 $298,113.33 1 1 111 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 97 - NO PARKING No Parking signs along both sides of 28' Street north 690' from Canal Avenue, and along both sides of 29' Street south 320' from Seattle shall be erected. Parking shall not be allowed along this section of 28`h and 29h Streets. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the Y day of -/"la. .2001. Q. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk r City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attomey City of Nederland, Texas 1 1 Y REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. May 21, 2001 CALL MEETING TO ORDER 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 for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the May 8, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PERSONNEL - APPOINTMENT LaDonna Floyd, City Clerk, administered the Oath of Office to newly appointed Darrell Bush, Chief of Police. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to appoint Darrell Bush as the Chief of Police, effective June 1, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. CONTRACTS/AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve a Disposal Service Agreement with BFI Waste Systems of North America, Inc. for landfill services as follows: compacted waste $6.55/c.y.; non -compacted waste - $5.50/c.y.; and, municipal sludge $6.00/c.y. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 114 Minutes continued, May 21, 2001 A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to appoint Edwards, Tate & Fontenote, L.L.P. to perform the City's audit for Fiscal Year 2000-2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 5. DRAINAGE - STORM WATER A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to postpone approval of participation with Jefferson County Drainage District No. 7 concerning Phase II storm water requirements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. CITIZEN COMMENTS Anthony Volentine, Pipe Fitters Local 195, addressed the Council to ask about the procedures for bidding on City projects. Mayor Nagel advised Mr. Volentine that all City projects are advertised in the local newspaper as required by state statutes. Mayor Nagel also suggested that he contact the City's engineers to I be placed on bid lists. 7. PROPERTY - RIGHTS-OF-WAY/EASEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to accept water and sewer easements in the west annexation area from the following: a. M. Halay, et al j. Clint P. Boyd b. Scott, Head & Guild k. Joy Kerr c. Scott, Head & Guild I. William E. & Charlotte Castleman d. Larry W. Spring m. James Robert & Beverly K. Evans e. John V. Lisotta n. Orville & Sheila Thompson f. Crown Pipe Shops o. Alton Stewart g. Oliver L. Lawson p. Donald B. Burroughs h. Oliver L. Lawson q. Dorothy Burroughs i. Oliver L. Lawson r. Jack C. Weeren MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. r a.. Minutes continued, May 21, 2001 8. PAYMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $7,098.25, wastewater system improvements (Treatment Plant); $2,098.67, west annexation area water and sewer improvements; $6,344.30, 1999-2000 collection system rehabilitation (Year 2); $9,365.00, Beauxart Garden Road improvements; and, $20,014.66, 2000-2001 collection system rehabilitation (Year 3). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $865.00, Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve payment to ALLCO, Inc. in the amount of $163,203.95, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve payment to Hart Construction in the amount of $85,045.09, water and wastewater improvements, west annexation area, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve payment to J & D Construction in the amount of $77,294.27, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve payment to d.p. Consulting Engineers, Inc. as follows: $35,157.58, upper Main "C" drainage improvements; $1,965.30, Boston Avenue landscaping project; and, $761.95, Avenue E surveying. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. e ' Minutes continued, May 21, 2001 9. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, gave Council a brief update on the pilot program for electric deregulation. 11. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 6:45 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: 1 1 oox 110 LaDonna Floyd, City Clerk City of Nederland, TexasAl = `� 1 1 1 ',1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 V/ - Joe Joe Clayton Council Member- Ward 2 V/ Judy Radcliff Council Member- Ward 3 I �/ Dick Nugent Council Member- Ward 4 Andre' Wimer City Manager LaDonna Floyd I City Clerk ,- Richard Hughes City Attorney Billy Neal Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton I Director of Public Works Rod Hatch + Building Official ,- Jim Weaver I Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Mayor City Clerk S•�1-pc Date 117 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. CALL MEETING TO ORDER June 11, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve the minutes of the May 21, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. REQUEST Peyton Richmond, 1807 Avenue K, addressed the Council relative to his driveway. The City repaired a water leak under his driveway and a section had to be removed. Mr. Richmond is requesting that the entire lower section be removed and replaced. He presented Council with photographs of the driveway as it is today, and with an artist's rendition of what it would look like if only one-half of the lower section is replaced. Mr. Richmond stated that the difference in the color of the concrete would make his property less appealing. Mr. Wimer reminded Council that it has been the City's policy to only replace the section that has been damaged, unless the water and/or sewer line repair was in the middle of the drive. He added that the City agreed to remove the full width of the driveway and pay to replace one-half, with the homeowner funding the cost of replace the other section. The City offered to pay the Richmonds $1,118.42 (the City's cost to repair one-half) and allow them to replace the entire driveway by hiring their own contractor. A Release was prepared to indicate that the City will issue a check in the amount of $1,118.42 and allows the Richmonds to select their own contractor. The Richmonds were not agreeable to the terms of the Release. L Minutes continued, June 11, 2001 Upon closer inspection of the photographs a crack was observed below the section of driveway that has been removed. Mr. Richmond stated that he could not be positive if the crack was there prior to the repairs to the water line. Mayor Nagel added that if the crack extends beyond the halfway mark of the drive then under current policy the City would be responsible for replacing the entire width of the driveway. He informed Mr. Richmond that the City would inspect their driveway and let them know to what extent repairs would be made. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to continue the City's current driveway replacement policy. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 4. DEVELOPMENT A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the final plat of the Hamilton Court Subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to accept the improvements in the Hamilton Court Subdivision contingent upon City staff's approval of the developer's completion of the punch list. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ORDINANCES A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve Ordinance No. 2001-07, releasing a portion of the 40' right-of-way on Holmes Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve Ordinance No. 2001-08, releasing the 6'x268'5" right- of-way located between Lot 6 and 7 of the J. J. Matherne Addition. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 't� 120 Minutes continued, June 11, 2001 RESOLUTIONS Don Pumphrey, Entergy/Gulf States, asked the Council to support Entergy's latest increase request as a fuel pass through expense. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to approve Resolution 2001-09, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 7. BIDS/PROPOSALS A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to award bids received for the Highway 69 drainage crossing to Excavators & Constructors, Inc., Port Arthur, TX, in the amount of $412,552.00, contingent upon concurrence of the Texas Department of Transportation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to authorize the installation of a street light at 504 - 33rd Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 9. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $1,058.00, Wastewater Treatment Plant trickling filter; $8,923.48, wastewater system improvements (Treatment Plant); $2,586.72, west annexation area water and sewer improvements; $3,831.80, 2000-2001 collection system rehabilitation (Year 3); $11,636.13, Beauxart Garden Road improvements; and, $6,553.22, 1999-2000 collection system rehabilitation (Year 2). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Minutes continued, June 11, 2001 A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to approve payment to T & N Laboratories, Inc. as follows: $181.67, geotechnical investigation, old landfill; and, $229.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve payment to d.p. Consulting Engineers, Inc. in the amount of $33,847.89, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve the bills for the month of May, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, commended Mike Lovelady, Emergency Management Coordinator, on the exceptional job he did in making preparations for Tropical Storm Allison last week. Mayor Nagel, on behalf of the Council, also thanked Chief Lovelady and City staff for their efforts during the storm. Councilmember Radcliff reported that she received complaints on the old Fina Station on Nederland Avenue; speeding traffic on South 12' Street; and, stopped up culverts next door to 192 Hill Terrace. Councilmember Sawyer commended Chief Darrell Bush and his staff on the way the hostage situation/suicide on Helena Avenue was handled. Jim Weaver, Director of Parks and Recreation, reported that the Summer Recreation program is underway and appears it will once again be a success. 2 122 Minutes continued, June 11, 2001 12. ADJOURN There being no further business a motion was made by Mayor Nagel and ' seconded by Mayor Pro Tem Clayton to adjourn the meeting at 4:32 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE I PRESENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member - Ward 3 ✓ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ✓ LaDonna Floyd City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief ✓ Mike Lovelady Fire Chief / Cheryl Dowden Director of Finance „/ Steve Hamilton Director of Public Works / Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor City Clerk & - II - C) Date ABSENT 124 A CITY OF NEDERLAND �a ORDINANCE NO. 2001-0B 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, Ronald F. Sanders, Sr., Donald D. Burroughs, and, and King Bethune, Inc. each own separate portions 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 owners have 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, the City of Nederland agrees to discontinue, close, and abandon, and convey and exchange said right-of-way to the abutting property owners atfairmarketvalue as determined by an appraisal obtained by the City. WHEREAS, the City of Nederland shall retain a twenty foot (20') utility easement consisting of ten feet (10') on each side of the center line of the right-of-way herein described. 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: 0.312 acres of land situated in and a part of Lot 1, Block 20, Range "K" and Lot 4, Block 20, Range "J", Port Arthur Land Company Subdivision and as further described in Attachment "A"; and 0.325 Acres of land situated in and a part of Lots 2 and 3, Block 20, Range "J", Port Arthur Land Company Subdivision and as further described in Attachment "B": and 0.589 Acres of Land situated in and a part of Lots 5 and 6, Block 19, Range "J", Port Arthur Land Company Subdivision and as further described in Attachment "C". SECTION 2: The City of Nederland shall convey and exchange said right-of-way to the abutting property owners at fair market value as determined by an appraisal obtained by the City. SECTION 3: That the City of Nederland shall retain a twenty foot (20') utility 11 easement consisting of ten feet (10') on each side of the center line of the right-of-way. SECTION 4: This ordinance shall be effective from and after its passage. 1 SECTION 5: That the Mayor and City Clerk 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 tl day of 2001. Homer E. Nagel, Mayor 0 City of Nederland, Texas l_51111111WItl LaDonna Floyd, City ClerR City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: 2—'_ � Richard D. Hughes, Ci ttorney City of Nederland, Texas 1 12 1.2 G CITY OF NEDERLAND ORDINANCE NO. 2001-08 D9 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 and Helen Joyce Jones each own separate portions 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 owners have 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: A portion of the six foot (6') right-of-way that extends between Lots 6 and 7 of Block 1 of J. J. Matheme Addition, Jefferson County, Texas and as further described in Attachments "A" and "B". SECTION 2: That the above named property owners 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 Clerk 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 _L day of u. o 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: _ 'n LaDonna Floyd, City Clelrk City of Nederland, Texas AP:�D AS TO FO M AND LEGALITY: Richard D. Hughes, ity Atto ey City of Nederland, Texas 1 1 1 127 CITY OF NEDERLAND RESOLUTION NO. 2001-09 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS BY ENTERGY AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2001. WHEREAS, Entergy Gulf States (EGSI) has filed a petition with the Public Utility Commission of Texas to reconcile $1,533,473,401 in fuel and purchased power costs for the prior period, March 1, 1999 through August 31, 2000. EGSI's petition requests that it be exempted from compliance with Tex. Uhl. Code §36.058 governing purchases from affiliates so that it may charge ratepayers an amount greater than cost for the purchase of power generated at River Bend Nuclear Generating Station attributed to 30% of the plant re -acquired from Cajun Electric Cooperative. EGSI's petition also seeks to recover $17 million from customers for failed nuclear fuel written off by the company and not used to generate electricity. EGSI also seeks to recover extraordinary fuel prices paid to third parties during the summer months in 1999 and 2000, including during the black- outs experienced on the system July 23, 1999; and WHEREAS, EGSI is scheduled to file a fuel factor proceeding at the Commission in July 2001 to set the fuel factor to be in effect beginning January 1, 2002 at the commencement of "competition". The fuel factor set in that proceeding will impact the price to beat protection for customers pursuant to Tex. Util. Code §39.202; and WHEREAS, EGSI may file apetition in September 2001 to surcharge customers additional fuel costs, without review of the reasonableness thereof. Such petition may implicitly seek to shift costs among classes; and WHEREAS, EGSI may file apetition for another fuel reconciliation for theperiod beginning September 1, 2000 to some date in 2001; and WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and ratepayers within Cities; and WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001; and WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code §33.025; and WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to participate in the cases enumerated in this resolution pursuant to Tex. Util. Code §33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. The City of Nederland shall participate with other Cities to intervene in the . fuel reconciliation(s), fuel factor and fuel surcharge cases filed in 2001 seeking appropriate regulatory scrutiny and the exercise of Cities' original jurisdiction. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The 128 Steering Committee is directed to obtain reimbursement from EGSI of all reasonable expenses I associated with participation in said proceedings. SECTION 2. This section shall be effective from and after the date of its passage. PASSED AND APPROVED this /I day ofq1A f� P .2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City eik City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A ey City of Nederland, Texas 1 129 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. June 25, 2001 CALL MEETING TO ORDER 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Sawyer to approve the minutes of the June 11 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 3.. WATER/WASTEWATER - Consumer Confidence Report Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2000 Drinking Water Quality Report (Consumer Confidence Report) which was mailed to all customers. In accordance with EPA regulations all water suppliers are required to issue the CCR to all it's customers on an annual basis. He added that the report shows that Nederland's water quality does not exceed the maximum allowable levels for any contaminates. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to acknowledge receipt of the 2000 Water Quality Report as presented by Robert Sangster. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 4. EMPLOYEES AND PERSONNEL Mayor Nagel presented James Aldridge with a watch for his 33 years and 4 months of service to the City. On behalf of the Council, staff, and citizens Mayor Nagel thanked Mr. Aldridge for his dedicated service to the community. Minutes continued, June 25, 2001 5. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:10 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at 1803 - 21 St Street (2 structures); 611 South 13th Street; and, 2111 Queen Avenue. Rod Hatch, Building Official, gave a brief report on each of the properties. He stated that the building in question at 611 South 13th Street is an abandoned and dilapidated garage and would require more than 50% of its fair market value to rebuild to code. A demolition permits was issued for this structure on June 14th, but no work has been initiated. Mr. Hatch is recommending that the City Council authorize notification of the owners to complete the demolition within a 30 to 60 day period. Mr. Hatch reported that the 2 structures at 1803 - 21St Street are also dilapidated and would require more than 50% of their fair market value to rebuild and make habitable. He added that the owner, Mrs. Aaron Harmon, has requested to be able to demolish building #2 and use any of the salvageable material to rebuild building #1. Mr. Hatch stated that if she can bring the structure up to minimum standards, then he would recommend that City Council authorize the demolition of building #2 only at this time. Mr. Hatch then reported on the abandoned and dilapidated structure at 2111 Queen Avenue. This property would also require more than 50% of the fair market value to rebuild and make habitable. The owners, according to the most recent tax roll, is Union National Life. This business has apparently gone out of business and their holdings were acquired by C. T. Corporation Systems. They did sign for the letter that was mailed to them notifying them of this Public Hearing, however, they have not responded to the demolition notice. He is recommending that City Council authorize the demolition of the structure and place a lien on the property. Richard Hughes, City Attorney, asked Mr. Hatch if all these structures meet the demolition requirements of Ordinance No. 2001-07 and Mr. Hatch stated that they did. Two neighbors of the property on South 13th Street asked that the Council consider also authorizing the demolition of the house as well as the garage. They stated that it has been vacant for approximately 15 years and they feel it is a health hazard to the neighborhood. Mayor Nagel responded that the Council could not authorize that action tonight because the garage was the only structure placed on the hearing notice. He added that they will instruct City staff to investigate the condition of the house. in i3 Minutes continued, June 25, 2001 There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:29 p.m. 6. PROPERTY A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to set a 90 -day time period for Mrs. Aaron Harmon to comply with the demolition and removal of building #2 located at 1803 - 21" Street, and in the event that the structure is not removed within 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to set a 30 -day time period for Mrs. J. P. Clarke to comply with the demolition and removal of the garage located at 611 South 13`h Street, and in the event that the structure is not removed within 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to set a 30 -day time period for C. T. Corporation Systems to comply with the demolition and removal of the structure located at 21 1 1 Queen Avenue, and in the event that the structure is not removed within 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 7. ORDINANCE A motion was made by Councilmember Nugent and seconded by Councilmember Sawyer to approve an Amendment to Ordinance No. 107, rescinding an amendment approved on May 8, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 13 Minutes continued, June 25, 2001 8. PROPERTY A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve the Corrective Action Proposal for underground remediation at the City Service Center, 515 Hardy, as required by the TNRCC with APOLLO Environmental Strategies, Inc., Beaumont, TX, in the amount of $3,147.00, to be reimbursed to the City by the TNRCC. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 9. CONTRACTS/AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve a contract with United Behavioral Health for the Employee Assistance Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 10. CHANGE ORDER A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve Change Order No. 3 with Hart Construction, West Annexation Area, Phase 1 project, to increase the contract time by 65 calendar days. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 11. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc, in the amount of $263.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Nugent to approve payment to J & D Construction in the amoutn of $107,828.54, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. Minutes continued, June 25, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to Hart Construction in the amount of $44,449.92, west annexation, phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve payment to ALLCO, Inc. in the amount of $332,041.63, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. A motion was made by Councilmember Nugent and seconded by Council - member Sawyer to approve payment to Excavators & Constructors, Inc. in the amount of $121,320.72, Main "C" Area drainage improvements, contingent upon approval of the punch list by Will Larraine, d.p. Consulting Engineers, Inc. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 12. BOARDS AND COMMISSIONS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to appoint Rick Williams to the Civil Service Commission for a three-year term beginning July 1, 2001 and ending June 30, 2004. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 13. EXECUTIVE SESSION The regular meeting was recessed at 7:10 p.m. by Mayor Nagel for the purpose of conducting an Executive Session in accordance with Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; Chapter 551 .071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and, possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant; and, Chapter 551 .074, discuss personnel appointments - City Clerk, Director of Finance, Fire Chief/Fire Marshal, Police Chief, City Judge, City Attorney, Emergency Management Coordinator, and Assistant Emergency Management Coordinator. Minutes continued, June 25, 2001 14. RECONVENE The regular meeting was reconvened at 7:58 p.m. by Mayor Nagel. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to authorize the City Attorney to take necessary action to institute a suit against KSA Engineers, Inc. and ALLCO, Inc, regarding the Water Treatment Plant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 15. PUBLIC OFFICIALS A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize the appointment of the following public officials: La Donna Floyd, City Clerk; Cheryl Dowden, Director of Finance; Mike Lovelady, Fire Chief/Fire Marshal and Emergency Management Coordinator; Darrell Bush, Police Chief and Assistant Emergency Management Coordinator; John Borne, City Judge; and Richard Hughes, City Attorney. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. 16. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City of Vidor has signed the contract with BFI for landfill services. All cities (Nederland, Port Neches, Groves, and Vidor) have approved the document. He added that no bids were received for the outdoor furniture and sign for the library. Staff will be making a recommendation to the Council in the near future regarding the purchase of the furniture. 17. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn at 8:02 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, and Nugent. Noes: None. Absent: Councilmember Radcliff. a ATTEST: Homer E. Nagel, Mayor a at aw-v� L LaDonna Floyd, City Clerk 'LIA1NO""``a�o i u 135 Mayor City Clerk to -X25-DI Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor I V/ Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent I Council Member - Ward 4 I / Andre' Wimer I City Manager I ,/ LaDonna Floyd I City Clerk I �/ Richard Hughes I City Attorney I l/ Darrell Bush I Police Chief I �/ Mike Lovelady I Fire Chief I ,/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official t/ Jim Weaver I Parks and Recreation Director I I f Victoria Klehn Librarian I i/ Kelly Galloway Assistant to the City Manager Mayor City Clerk to -X25-DI Date IM AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the amendment to Ordinance No. 107, adopted by the City Council on May 8, 2001, pertaining to 28' Street and 29' Street between Canal Avenue and Seattle, is hereby rescinded in its entirety. PASSED AND APPROVED BY THE CITY COUNCIL of the City ofNederland, Texas this the .21—day of (2LLr-1-01 2001. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A orney City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 , f. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 9, 2001 1. CALL MEETING TO ORDER 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve the minutes of the June 25, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 3. DEVELOPMENTS A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve the preliminary and final plat of Holland Homes Subdivision as recommended by the Planning and Zoning Commission. MOTION CARRED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 4. ORDINANCE A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve Ordinance No. 2001-10, releasing a portion of the 40' right-of-way on Holmes Road and rescinding Ordinance No. 2001-08. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 138 Minutes continued, July 9, 2001 5. PROPERTY A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve a General Warranty and Gift Deed from Jack Weeren and Jimmie Lou Weeren conveying a 0.037 acre tract of land out of Lot 5, Block 1, Smith, Hodsgon & Bigelow Truck Farm Subdivision to the City of Nederland for right- of-way purposes. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. RESOLUTIONS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Resolution 2001 -1 1, modifying the Texas CUC Aggregation Project, Inc. (TCAP) bylaws. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve Resolution 2001-12, authorizing the City of Nederland to participate in the H -GAC Energy Purchasing Corporation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. CONTRACTS/AGREEMENTS A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve a contract with Southwestern Bell for long distance service. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 8. BIDS/PURCHASES A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Radcliff to approve the purchase of outside furniture for the Marion and Ed Hughes Public Library from Wausau Tile, Wausau, WI, in the amount of $5,043.97 (plus shipping) to be funded by a grant from the Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. q r.3 - 1;9 Minutes continued, July 9, 2001 9. WATER AND SEWER A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Change Order No. 2, Wastewater Treatment Plant, for ALLCO, Inc. in the amount of + $47,084.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 10. EMPLOYEES AND PERSONNEL A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Clayton to approve amending the Wage and Position Classification Plan to include certification pay for Class III Wastewater Collection System Operator, $50.00/month; "C" Distribution, $35.00/month; and "B" Distribution, $50.00/month. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 11. BOARDS AND COMMISSIONS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to appoint Boyd Meier, Steve Gentile, and Harold Locke to a 2 -year term (July 1, 2001 -June 30, 2003); and Danny Delahoussaye to a 1 -year term (July 1, 2001 -June 30, 2002) to the Construction Board of Appeals. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 12. EMPLOYEES AND PERSONNEL A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to authorize the advertisement of bids for employee health insurance/dental insurance/long term disability. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Radcliff to authorize the City to employ Hale Benefit Analysis Services, Ltd. (HBAS) in the amount of $7,600.00 to assist with the preparation and evaluation of bids for employee health insurance/dental insurance/long term disability. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. j Minutes continued, July 9, 2001 13. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to ALLCO, Inc. in the amount of $1,058.00, Wastewater Treatment Plant trickling filter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to d.p. Consulting Engineers, Inc. as follows: $19,337.34, upper Main "C" drainage improvements; and, $672.10, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve payment to L. D. Construction in the amount of $226,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment of the bills for the month of June, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 14. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 2001-2002 budget and announced that the Public Hearing will be held at 7:00 p.m., July 23rd. The combined funds for FY 01-02 total $16,262, 161, with the proposed tax rate to remain $.65 per $100 of assessed valuation. Mr. Wimer reviewed the significant changes in the General Fund budget which include one (1) additional Police Officer position for the COPS in Schools grant program (during the three year term of the program grant funding will provide $125,000 and NISD will contribute $36,600). In addition, one (1) Maintenance Worker position has been eliminated due to contract mowing of several City parks. A reallocation of fund reserves has been proposed which will transfer $125,000 to the Equipment Replacement Fund - General Fund in order to increase the balance of this fund to facilitate future purchases. Mr. Wimer reviewed the significant changes in the remaining funds. In the Water and Sewer Fund $15,000 has been allocated towards the use of a part- time staff to enter data into the City's geographical information system data base. Funding for the purchase of untreated water has been increased from $145,000 to $180,000 due to rate modifications associated with the construction of the permanent salt water barrier on the Neches River. A reallocation of fund reserves has been proposed which will utilize $116,616 for water and sewer system construction west of Hwy. 69 in the Viterbo Road/Green Avenue area. In the Solid Waste Fund one (1) additional Sanitation Driver position has been budgeted to facilitate Solid Waste operations, and $10,000 has been budgeted for the purchase of two (2) hydraulic pumps for installation on garbage trucks. The Capital Outlay Fund includes $15,000 for complete renovation of the Service Center; $10,000 to initiate construction of a new animal control building; $3,000 to purchase a GPS receiver in order to begin documentation and mapping of City infrastructure; $25,000 for the purchase of a backup repeater for the Fire Department and the Public Works Department, and cost sharing with the City of Port Neches for the Police Department; $17,080 for the purchase of new self-contained breathing apparatus for the Fire Department; $8,000 for the purchase of an additional 2,000 gallon diesel fuel tank; and, $145,000 for street improvements. Mr. Wimer added that the Nederland Economic Development Corporation has a proposed budget of $1,927,874. Contributions from the cities of Nederland, Port Neches, and Groves for the MCML Central Dispatch Fund are based upon $.775 per capita. Total debt service requirements for FY 01-02 total $1,647,885. With regard to personnel issues Mr. Wimer added that the budget includes a ' three percent (3%) cost of living increase for employees, including the Municipal Judge. In concluding, Mr. Wimer stated that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve Resolution 2001-10, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002, and calling for a Public Hearing to be held at 7:00 p.m., July 23, 2001 for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. 15, CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2002-2006 which identifies capital expenditures/projects totaling $9,203,650. 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. He 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. 14 ' Minutes continued, July 9, 2001 16. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent, Noes: None. Absent: Councilmember Sawyer. 17. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the lines along Avenue C and Avenue H were recently televised and the lines will not need to be replaced. He also reported that a large portion of concrete will be poured at the Wastewater Treatment Plant on July 10th. The City is still waiting approval from Texas Department of Transportation for the Hwy. 69 crossing. This year's Summer Recreation Program provided activities to 596 children. 18. ADJOURN There being no further business, a motion was made at 4:55 p.m. by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Clayton, Radcliff and Nugent. Noes: None. Absent: Councilmember Sawyer. ATTEST: C _Xa P(Y-V-.es C �Od LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Ma or City of Nederland, Texas 1 11 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE I PRESENT I ABSENT Homer Nagel Mayor I,--, Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member- Ward 3 V/ Dick Nugent Council Member - Ward 4 Andre' Wimer I City Manager LaDonna Floyd City Clerk Richard Hughes CityAttorney Darrell Bush I Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ti/ Rod Hatch I Building Official Jim Weaver I Parks and Recreation Director Victoria Klehn Librarian I V Kelly Galloway Assistant to the City Manager L 1 Mayor ')_ q Lel Date 143 414 CITY OF NEDERLAND ORDINANCE NO. 2001-10 AN ORDINANCE DISCONTINUING, CLOSING AND ABANDONING OF A RIGHT-OF-WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS; RESCINDING ORDINANCE NO. 2001-08; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ronald F. Sanders, Sr., Donald D. Burroughs, Dorothy Burroughs, and King Bethune, Inc. each own separate portions 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 owners have requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the right-of-way, as hereinafter described; WHEREAS, the City of Nederland agrees to discontinue, close, and abandon, and convey and exchange said right-of-way to the abutting propertyowners atfair marketvalue as determined by an appraisal obtained by the City; WHEREAS, the City of Nederland shall retain a twenty foot (20') utility easement consisting of ten feet (10') on each side of the center line of the right-of-way herein described; and WHEREAS, Ordinance No. 2001-08 is rescinded due to inaccurate descriptions of adjoining properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: Ordinance No. 2001-08 is rescinded. SECTION 2: 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: 0.294 acres of land situated in and a part of Lot 4, Block 20, Range "J" of the Port Arthur Land Company Subdivision and as further described in Attachment "A"; and 0.521 acres of land situated in and a part of Lots 5 and 6, Block 19, Range "J" of the Port Arthur Land Company Subdivision and as further described in Attachment "B"; and 0.068 acres of land situated in and a part of Lot 5, Block 19, Range "J" of the Port Arthur Land Company Subdivision and as further described in Attachment "C"; and 0.294 acres of land situated in and a part of Lot 3, Block 20, Range "J" of the Port Arthur Land Company Subdivision and as further described in Attachment "D". n SECTION 3: The City of Nederland shall convey and exchange said right-of-way to the abutting property owners at fair market value as determined by an appraisal obtained by the City. SECTION 4: That the City of Nederland shall retain a twenty foot (20') utility easement consisting of ten feet (10') on each side of the center line of the right-of-way. SECTION 5: This ordinance shall be effective from and after its passage. SECTION 6: That the Mayor and City Clerk shall be authorized to sign and attest the transfer of this property by Quitclaim Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED aj-� regular meeting of the City Council of the City of Nederland on this the q day of( r Vu 2001. I ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 1 Homer E. Nagel, Mayor n City of Nederland, Texas 146 CITY OF NEDERLAND RESOLUTION NO. 2001-11 WHEREAS, the City ofNederland has previously approved the articles ofincorporation and bylaws of the Texas CUC Aggregation Project, Inc., thereby incorporating and joining TCAP in order to obtain the lowest cost of electricity available in the restructured competitive retail electric market scheduled to open in Texas in January 2002; and WHEREAS, retail electric providers have indicated that they would prefer that the TCAP bylaw provision that provides TCAP with clear authority, under Section 303.001, Texas Local Government, to contract onbehalfofinemberpolitical subdivisions for electric power, be even more clear; and WHEREAS, the TCAP Board, on June 7, 2001, has adopted revised bylaws for TCAP that make the existing provisions in question completely clear; and WHEREAS, statutes require that the revised bylaws be re -approved by the City of Nederland; and WHEREAS, nothing in the revised bylaws changes the right of the City of Nederland to withdraw from TCAP before the date TCAP begins the procurement process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY , OF NEDERLAND, TEXAS, that the City of Nederland hereby adopts the TCAP Bylaws (dated June 7, 2001) as presented. PASSED AND APPROVED this C� day of i 2001. Homer E. Nagel, or ^� City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: r-i'fidRchHughes, City Attomeyd City of Nederland, Texas 1 L4 i CITY OF NEDERLAND RESOLUTION NO. 2001-12 A RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE CITY OF NEDERLAND TO PARTICIPATE IN THE H -GAC ENERGY PURCHASING CORPORATION. WHEREAS, Senate Bill 7, enacted by the 76' Texas Legislature, restructures electric power within the State of Texas; and WHEREAS, Section 303.001 of the Local Government Code authorizes political subdivisions to join together to form a political subdivision corporation to negotiate the purchase of electricity or to aid or act on behalf ofthe political subdivisions for which the corporation is created with respect to their own electricity use for their respective public facilities; and WHEREAS, the Houston -Galveston Area Council, apolitical subdivision ofthe State under Chapter 391 ofthe Local Government Code, has conducted a cooperative purchasing program for more than twenty-five years and has formed the H -GAC Energy Purchasing Corporation ("Corporation") as a political subdivision corporation; and ' WHEREAS, the City ofNederland wishes to obtain electricity for its public facilities, at the lowest cost providing the best value, thereby benefitting its citizens and taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The City ofNederland agrees to join with the Houston -Galveston Area Council and other participating political subdivisions and participate in the Corporation. Section 2. The City of Nederland hereby approves the H -GAC Energy Purchasing Corporation Articles of Incorporation, attached as Exhibit A, and Bylaws, attached as Exhibit B. Section 3. The City ofNederland agrees to cooperate with the Corporation in providing data related to electricity demand for its accounts, and other information that may assist in preparing bid solicitations or requests for proposals. Section 4. By approving this resolution, the City ofNederland does not create an obligation for the City of Nederland, nor does it authorize the Corporation to actually purchase electricity on its behalfwithout the City ofNederland's prior consent to specific purchases. The City ofNederland understands that prior to authorizing the purchase of electricity through contracts negotiated by the Corporation, information detailing procurement terms will be provided. The City ofNederland may then purchase electricity through contract(s) negotiated by the Corporation on its behalf by issuing an order, resolution, purchase order or other binding agreement under terms that are materially on its behalfby issuing an order, resolution, purchase order or other binding agreement under terms that are materially the same as the terms the Corporation originally described in the information presented to the City ofNederland. Section 5. The City of Nederland agrees to allow the Corporation to use its name as a participant in descriptions of the Corporation. 148 <01 1 PASSED AND APPROVED this _day of d 2001 at a regular meeting of the City Council of the City of Nederland. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: �a J'— c�ja r,✓ LaDorina Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attome City of Nederland, Texas 1 I RESOLUTION 2001-10 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, 2001 AND ENDING SEPTEMBER 30, 2002. 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, 2001 and ending September 30, 2002; 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 23, 2001, 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 9t° day of July, A.D., 2001. 1 ATTEST: LaDOnna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FO AND LEGALITY: Richard D. Hughes, City AttorrieY City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 143 150 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. 1. CALL MEETING TO ORDER July 23, 2001 The meeting was called to order at 6:00 p.m. by Mayor Pro Tem Clayton at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the minutes of the July 9, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. 3. COMMENTS Loye Kemp, President, Public Employees Association of Texas, addressed Council relative to the Association and City of Nederland non -civil service employees. He stated that he formed the Association three years ago and all members are non -civil service employees. The members feel they have been slighted by State government by not allowing bargaining rights, but do appreciate the fact that they have the right to representation. Mr. Kemp thanked the Council for the opportunity to come before them to ask for better benefits for the non -civil service employees. The employees would like to ask for a 5% COLA, work boots, and the ability to accrue up to 80 hours of compensatory time instead of the 8 hours that is current practice. Mr. Kemp presented data to support that all employees below the 108 classification would be eligible for some type of government assistance in accordance with state guidelines. He also requested that Council consider authorizing the City to absorb any increases in insurance premiums. Mr. Kemp thanked the Council for this opportunity and ask that they consider these requests prior to approval of the budget. 1 1 Minutes continued, July 23, 2001 4. DEVELOPMENTS LA motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the final plat of Robin Cove Subdivision. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. CONTRACTS/AGREEMENTS A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to authorize the City Manager to initiate termination procedures for the contract with Crochet Equipment Company, Inc. if they are unable to fulfill their obligations. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve a contract with NOVUS Wood Group, L.P. for the disposal of green waste in the amount of $3.00 per loose cubic yard of brush and wood material contingent upon Nelson Services not fulfilling their obligation for these services. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve a contract with Neches Engineers for evaluation of the Water Treatment Plant laboratory/administration building, contingent upon approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. 6. ABANDONED AND DILAPIDATED STRUCTURES Andre' Wimer, City Manager, gave a status report regarding structures at 611 South 13" Street, 1803 - 215` Street, and 21 1 1 Queen Avenue. He reported that there has been no response from C. T. Corporation or Sharon D. Evens, Attorney ad litem for the property located at 21 1 1 Queen. The structure at 1803 - 21St Street has been demolished and removed. A representative for Ms. Clark requested that the garage at 611 South 13th Street be demolished by the jCity because they feel it would be less expensive than hiring an independent contractor. 1- O Minutes continued, July 23, 2001 FINANCE A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to accept the Quarterly Investment Report as presented by Cheryl Dowden, Director of Finance (see attached). MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. PAYMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $17,509.79, 2000-2001 collection system rehabilitation (Year 3); $1,311.00, Beauxart Garden Road improvements; $3,031.01, 1999-2000 collection system rehabilitation (Year 2); $2,494.73, water and sewer improvements, west annexation area; and, $11,309.35, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve payment to Hart Construction in the amount of $54,786.14, water and sewer improvements, west annexation area, phase I. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to J & D Construction in the amount of $87,575.03, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment to ALLCO, Inc. in the amount of $607,425.90, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. A motion was made by Councilmember Sawyer and seconded by councilmember Nugent to approve payment to T & N Laboratories in the amount of $547.50, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. Minutes continued, July 23, 2001 9. RECESS The regular meeting was recessed at 6:55 p.m. by Mayor Pro Tem Clayton. 10. RECONVENE The regular meeting was reconvened at 7:00 p.m. by Mayor Pro Tem Clayton. 11. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 7:00 p.m. by Mayor Pro Tem Clayton for the purpose of receiving questions and/or comments regarding the proposed City of Nederland Fiscal Year 2001- 2002 budget. Andre' Wimer, City Manager, briefly reviewed the budget, outlining each fund and the major expenditures of each. Dwayne Borel, Parks Department employee, asked the Council to consider the requests made earlier by Mr. Kemp. He added that he has been vocal in the past and if he has offended anyone he would like to apologize. Joseph Neumann, 403 - 36`h Street, thanked the Council for keeping taxes down in Nederland. Paul Price, Sanitation Driver, stated that he and his family are on government assistance, but would like to request that the Council reconsider the compensatory time policy. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 7:20 p.m. by Mayor Pro Tem Clayton. 12. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Program. u 153 15 4 Minutes continued, July 23, 2001 13. EXECUTIVE SESSION A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that we are still waiting on approval from TxDOT to begin the storm drain project under Hwy. 69. He also reported that Nederland Avenue near 36' Street buckled over the weekend. TCAP is in the process of preparing bid documents for electricity vendors. Mr. Wimer stated that the City has collected $1,500.00 to be used for the veteran's memorial and it has been ordered and should arrive in approximately 6-8 weeks. Councilmember Sawyer reported that the corner of Nederland Avenue and 6tn Street needs to be repaired. Councilmember Radcliff reported that cars are being parked in the alley behind 146 Nederland Avenue. Councilmember Nugent reported that trees need to be trimmed at West Chicago and Gary. 15. ADJOURN There being no further business a motion was made by Councilmember Sawyer and seconded by Councilmember Radcliff to adjourn the meeting at 7:37 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Clayton, Councilmembers Sawyer, Radcliff and Nugent. Noes: None. Absent: Mayor Nagel. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Joe Clayton, Mayor Pro Tem City of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE Homer Nagel Mayor Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member- Ward 4 Andre' Wimer I City Manager LaDonna Floyd City Clerk Richard Hughes I City Attorney Darrell Bush I Police Chief Mike Lovelady Fire Chief Cheryl Dowden I Director of Finance Steve Hamilton I Director of Public Works Rod Hatch I Building Official Jim Weaver I Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayo Y Pro 1 / fM/ti ity Clerk 7 - 3 Lel Date PRESENT ABSENT II I ✓ 155 15, City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2001 Investments at Beginning of Period (4-1-01) Purchases Maturities Investments at End of Period (6-30-01) Maturity Summary at June 30, 2001 $16,370,206.46 19,186,937.67 22,687,378.19 $12,869.765.94 ON Less than 3 months 0 9 to 12 months 1 1 LJ 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2001 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Capital Outlay Fund Drainage Construction Fund Police Narcotics Fund SRF Escrow & Construction Funds MCML Dispatch Equipment Replacement Fund Parks & Recreation Special Fund Bond Redemption Fund Balance @ 4-1-01 Purchases Maturities 3,121,235.42 3,047,071.12 3,011,975.29 27,607.68 200.63 1,973,515.53 828,120.65 1,008,866.47 9,650.14 109.95 648.73 7.39 527,171.09 6,006.56 2,917,282.28 3,122,816.82 4,076,015.37 37,313.18 425.15 7,643,543.68 12,180,900.55 14,590,521.06 591.45 6.75 46.66 0.53 20.44 0.23 111,580.18 1,271.34 16,370,206.46 19,186,937.67 22,687,378.19 Fund Allocation at June 30, 2001 (13.9%) Water & Se (0.9%) Bond Redemption Fun( (40.7%) SRF Escrr, Balance @ 6-30-01 3,156,331.25 27,808.31 1,792,769.71 9,760.09 656.12 533,177.65 1,964,083.73 37,738.33 5,233,923.17 598.20 47.19 20.67 112,851.52 12,869,765.94 157 158 Investment Report Schedule Investments for the Quarter ended June 30, 2001 CERTIFICATES OF DEPOSIT Interest Earnings on Matured CDs for quarter ended June 30, 2001 82,339.66 Held at June 30, 2001 Interest Earned for Certificate Purchase Maturity Days to be Interest 3,007.55 Quarter ended Number Date Date held Rate Face Amount June 30, 2001 Maturing during quarter ended June 30, 2001 35 3.27% 2,022,189.89 620434 02/01/01 04/02/01 60 4.77% 200,000.00 52.48 621101 03/05/01 04/06/01 32 4.89% 2,000,000.00 1,611.01 621135 03/05/01 04/06/01 32 4.89% 1,000,000.00 805.51 332832 08/28/00 04/25/01 240 5.90% 1,000,000.00 4,479.36 469852 03/28/01 04/27/01 30 4.59% 517,282.28 1,759.55 621119 03/05/01 05/04/01 60 4.75% 1,000,000.00 4,441.69 621127 03/05/01 05/04/01 60 4.75% 2,000,000.00 8,883.37 620491 04/06/01 05/07/01 31 3.96% 1,004,296.03 3,383.23 620509 04/06/01 05/07/01 31 3.96% 2,008,592.07 6,766.47 469878 04/02/01 05/08/01 36 4.14% 201,574.28 824.72 469860 03/30/01 05/29/01 60 4.45% 201,706.19 1,456.13 620574 04/25/01 05/30/01 35 3.64% 1,039,495.75 3,634.42 469845 03/27/01 05/30/01 64 4.42% 1,033,045.10 7,534.55 620582 04/27/01 05/30/01 33 3.65% 519,237.34 1,716.22 620608 05/04/01 06/05/01 32 3.68% 1,007,838.27 3,256.67 620590 05/04/01 06/05/01 32 3.68% 2,015,676.54 6,513.35 469977 05/08/01 06/09/01 32 3.67% 1,007,679.26 3,247.30 470009 05/08/01 06/09/01 32 3.67% 202,399.00 652.24 469993 05/08/01 06/09/01 32 3.67% 2,015,358.54 6,494.60 332840 08/28/00 06/24/01 300 5.80% 1,000,000.00 14,254.88 470058 05/29/01 06/28/01 30 3.42% 203,187.00 571.92 Interest Earnings on Matured CDs for quarter ended June 30, 2001 82,339.66 Held at June 30, 2001 470074 05/30/01 07/01/01 32 3.39% 1,043,130.17 3,007.55 470082 05/30/01 07/01/01 32 3.39% 520,953.56 1,502.01 470306 06/05/01 07/10/01 35 3.27% 2,022,189.89 4,534.02 470140 06/11/01 07/11/01 30 3.30% 2,021,853.14 3,475.98 470157 06/11/01 07/11/01 30 3.30% 203,051.24 349.09 470132 06/11/01 07/11/01 30 3.30% 1,010,926.56 1,737.99 470066 05/30/01 07/16/01 47 3.43% 1,041,081.95 3,037.11 332857 08/28/00 08/23/01 360 5.80% 400,000.00 6,028.12 620376 01/02/01 01/02/02 365 5.10% 10,000.00 129.54 Interest Earnings on CDs held at June 30, 2001 23,801.41 Total Certificates of Deposit held at June 30, 2001 $8,273,186.51 1 1 1 Investment Report Schedule Investments for the Quarter ended June 30, 2001 15� ' WESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 04/01/01 06/30/01 1 4.55% 2,121,235.42 24,169.27 2,145,404.69 Water & Sewer 04/01/01 06/30/01 1 4.55% 1,571,809.34 17,909.13 1,589,718.47 Parks & Rec. Fund 04/01/01 06/30/01 1 4.55% 20.44 0.23 20.67 Bond Redemp. 04/01/01 06/30/01 1 4.55% 111,580.18 1,271.34 112,851.52 Capital Outlay Fund 04/01/01 06/30/01 1 4.55% 527,171.09 6,006.56 533,177.65 Motel Occupancy 04/01/01 06/30/01 1 4.55% 9,650.14 109.95 9,760.09 Library Special 04/01/01 06/30/01 1 4.55% 17,607.68 200.63 17,808.31 Solid Waste Fund 04/01/01 06/30/01 1 4.55% 648.73 7.39 656.12 SRF Construction Fund 04/01/01 06/30/01 1 4.55% 147,121.90 1,676.29 148,798.19 MCML Dispatch 04/01/01 06/30/01 1 4.55% 591.45 6.75 598.20 Equipment Replacement Fund 04/01/01 06/30/01 1 4.55% 46.66 0.53 47.19 Police Narcotic Fund 04/01/01 06/30/01 1 4.55% 37,313.18 425.15 37,738.33 Totals for TEXPOOL Investments $4,544,796.21 $51,783.22 $4,596,579.43 160 Investment Report Schedule Investments for the Quarter ended June 30, 2001 GOVERNMENT SECURITIES Maturities Average Interest Interest Earned in Days Interest Principal Earned Prior Quarter Ended June Market Holding Period Held Rate Invested Periods 30, 2001 Principal U.S. Treasury Money Market 04/01/01 06/30/01 1 3.600% 1,463,376.68 46,633.86 1,510,010.54 Transferred to SRF Construction Demand Account (1,510,010.54) Total Interest Earned in Quarter Ended June 30, 2001 $46,633.86 Government Securities Held at June 30, 2001 $0.00 1 1 Investment Report Schedule Investments for the Quarter ended June 30, 2001 LTEREST 04/01/01 06/30/01 1 3.74% 13,416.33 3sES Fund EARNED ON DEMAND DEPOSITS 3.74% 1,597.35 v& S Certificate Fund 04/01/01 06/30/01 1 3.74% 479.94 Water & Sewer Interest 06/30/01 1 3.74% 739.32 Average Earned -Quarter Days to Interest ended June 30, Period Held Maturity Rate 2001 Bond Redemp. 04/01/01 06/30/01 1 3.74% 5,174.15 Capital Outlay Fund 04/01/01 06/30/01 1 3.74% 2,373.77 CDBG #716591 Fund 04/01/01 06/30/01 1 3.74% 125.26 Court Technology Fund 04/01/01 06/30/01 1 3.74% 21.64 Drainage Construction Fund 04/01/01 06/30/01 1 3.74% 4,045.47 Equipment Replacement Funds 04/01/01 06/30/01 1 3.74% 185.35 General Fund 04/01/01 06/30/01 1 3.74% 8,508.36 Library Special 04/01/01 06/30/01 1 3.74% 303.55 MCML Dispatch 04/01/01 06/30/01 1 3.74% 65.23 Motel Occupancy 04/01/01 06/30/01 1 3.74% 46.98 Nederland Economic Development 04/01/01 06/30/01 1 3.74% 30,224.44 Parks & Rec. Fund 04/01/01 06/30/01 1 3.74% 64.67 Police Narcotic Fund 04/01/01 06/30/01 1 3.74% 333.17 Solid Waste Fund 04/01/01 06/30/01 1 3.74% 548.80 RF Construction & Escrow Funds 04/01/01 06/30/01 1 3.74% 13,416.33 3sES Fund 04/01/01 06/30/01 1 3.74% 1,597.35 v& S Certificate Fund 04/01/01 06/30/01 1 3.74% 479.94 Water & Sewer 04/01/01 06/30/01 1 3.74% 739.32 $68,253.78 1 161 f [:S Investment Report Schedule June 30, 2001 Interest Earnings for Quarter Ended June 30, 2001 Bond Redemption Fund $6,445.49 CDBG #716591 125.26 Capital Outlay 8,380.33 Court Technology Fund 21.64 Drainage Construction Fund 40,427.58 Equipment Replacement Funds 185.88 General Fund 41,851.66 Library Special Fund 633.72 MCML Dispatch 71.98 Motel Occupancy Tax Fund 156.93 Nederland Economic Development 30,224.44 Parks & Recreation Special Fund 64.90 Police Narcotic Account 758.32 Solid Waste Fund 556.19 SRF Escrow & Construction Funds 118,275.30 SSES Fund 1,597.35 W & S Certificate Fund 479.94 Water Fund 22,555.03 $272,811.93 1 1 J 163 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. CALL MEETING TO ORDER August 13, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the minutes of the July 23, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 3. PRESENTATION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the presentation by South East Texas Regional Planning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. BUDGET A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve Ordinance No. 2001-11, an appropriation ordinance adopting a budget in accordance with Article VII in the City Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, August 13, 2001 TAXATION A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve Ordinance No. 2001-12, adopting a tax rate of $.65 per $100 valuation for the fiscal year beginning October 1, 2001 and ending September 30, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CAPITAL IMPROVEMENT PROGRAM A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to approve the Five Year Capital Improvement Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. SCHOOLS AND EDUCATION A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. CONTRACTS/AGREEMENTS A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve an amendment to the agreement with Schaumburg & Polk, Inc. for Year 2 Rehabilitation and West Annexation Area projects to reallocate $14,000.00 of funds from the West Annexation Area projects to the Year 2 Rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Radcliff to approve the Assistance to Firefighters Grant Program, Federal Emergency Management Agency. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. I At Minutes continued, August 13, 2001 A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve an amendment to the Schaumburg & Polk, Inc. contract, Phase II annexation area not to exceed $5,600.00 to develop plans and specifications to replace the Parkway Village lift station. MOTION CARRIED. 9. TEXAS, STATE OF A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve a Memorandum of Understanding with the Texas Department of Transportation relating to the ITS (Intelligent Traffic System) Integration Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. ORDINANCE A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to approve an Amendment to Ordinance No. 107, providing for the installation of stop signs at Gary @ West Chicago, and Gary @ 30`h Street. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. BIDS/PROPOSALS A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Nugent to authorize the advertisement of bids for water and sewer lines in the west/south annexed area. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. PARKS AND RECREATION A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to amend the Wage and Position Classification Plan to delete the Director of Parks and Recreation position, create a Parks Maintenance Supervisor position, and create a Recreation/Aquatic Supervisor position, effective October 1, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, August 13, 2001 Dwayne Borel, Parks Department employee, stated that he believes the elimination of the Director will save the City money but he suggested that they two parks employees be placed under the direction of the Street Superintendent and hire one part time employee to assist with mowing, maintenance, etc. He added that by hiring an additional employee the City could eliminate the contractor and save even more money. A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to authorize the elimination of a Maintenance Worker position in the Parks and Recreation Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 13. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to d.p. Consulting Engineers, Inc. as follows: $17,953.83, upper Main "C" drainage improvements; and, $786.70, Boston Avenue rehabilitation project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve payment of the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. EXECUTIVE SESSION The regular meeting was recessed at 3:50 p.m. by Mayor Nagel for the purpose of conducting an Executive Session in accordance with Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc, and possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment Plant. 15. RECONVENE The regular meeting reconvened at 4:50 p.m. by Mayor Nagel. He announced. that the Executive Session was held for informational purposes only. M M - Minutes continued, August 13, 2001 16. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the concrete raising project is progressing, and the chipping contractor is scheduled to begin tomorrow. 17. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, ayor City of Nederland, Texas ATTEST: 1 LaDonna Floyd, City Clerk City of Nederland, Texas N E DFgryi.,, U• i 163 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT 1 Homer Nagel Mayor Robert Sawyer Council Member - Ward 9 ✓ Joe Clayton Council Member- Ward 2 ✓ Judy Radcliff Council Member - Ward 3 ✓ Dick Nugent Council Member - Ward 4 ✓ Andre' Wimer City Manager LaDonna Floyd City Clerk ✓ Richard Hughes City Attorney ✓ Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official t/ Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager �Q ✓��� per/ Mayor 'dity Clerk r ,y"13 -OI Date I& Ila _ift 1 169 ORDINANCE NO. 2001-11 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, 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, 2001 and ending September 30, 2002. 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 23, 2001, after notice was published as prescribed by the Statutes of the State of Texas, 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 Six million, three hundred forty-eight thousand, six hundred fifty-eight dollars and no cents ($6,348,658.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: ' a. City Council $ 13,753 b. Legal 44,200 c. City Manager 309,261 d. Finance 236,950 e. Personnel 181,344 f. Civil Service 7,830 g. City Hall 45,174 h. Police 1,979,421 i. Police -Prisoner Extra Help 34,702 j. Emergency Management 7,000 k. Fire 1,073,993 1. Fire Volunteers 16,000 m. Inspections 135,920 n. Public Works Administration 180,864 o. Street Department 821,834 p. City Shop 184,764 q. Parks & Recreation 419,129 r. Library 302,727 s. Other Requirements 353,792 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, five hundred eleven thousand, nine hundred ninety-five dollars and no cents ($1,511,995.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Three million, eight hundred thirty-one thousand, six hundred sixteen dollars and no cents ($3,831,616.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: ift a. : 170 a. Water Treatment $ 932,377 b. Billing/Collections 298,906 ' c. Wastewater Treatment 638,563 d. Water & Sewer Distribution 856,913 e. Annexation-West/South 116,616 f. Other Requirements 988,241 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of One hundred thirty-five thousand, eight hundred ninety dollars and no cents ($135,890.00) to the Water & Sewer Certificate Fund for the payment of principal and interest on outstanding City debt. Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of Nine hundred eighty-three thousand dollars and no cents ($983,000.00) 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 Eighty-eight thousand dollars and no cents ($88,000.00) 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 Sixty-two thousand dollars and no cents ($62,000.00) 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 ten thousand dollars and no cents ($110,000.00) 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 Six hundred twenty-nine thousand, two hundred forty-eight dollars and no cents ($629,248.00) 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-two thousand dollars and no cents ($32,000.00) 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 Sixty-seven thousand, five hundred dollars and no cents ($67,500.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 12 — COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 13 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, nine hundred twenty-seven thousand, eight hundred seventy-four dollars and no cents ($1,927,874.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 14 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Seventy thousand, seven hundred forty-one dollars and no cents ($70,741.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 15 - 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. t Im 171 ' Section 16 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Seven thousand dollars and no cents ($7,000.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 17 - MID -COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Four hundred twenty-six thousand, six hundred thirty- nine dollars and no cents ($426,639.00) 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, 2001 and ending September 30, 2002. 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, 2001, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2001 and ending September 30, 2002, 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 Clerk 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 13th DAY OF AUGUST, A.D., 2001. �(/(f AHomer E. Nagel, Mayor City of Nederland, Texas ATTEST: CAA,"', LaDonna Yd Ci City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, C�wmey City of Nederland, Texas i72 ORDINANCE NO. 2001-12 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2001, 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 SINIQNG 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 ofNederland, subject to ad valorem taxes for the tax year 2001, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $599,723,660; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls fi inished by the City's Tax Assessor -Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $599,723,660, shall become the tax assessment rolls of the City of Nederland for the year 2001, less all exemptions provided by either State Law or City ordinance in the amount of $55,190,070. 1 SECTION 2: - That there is hereby levied for the current year, 2001, and there shall be collected for the use and support of the municipal government of the City of Nederland, and to provide interest , and sinking funds for the fiscal year ending September 30, 2002 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of sixty-five cents ($.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 ofthe general government (General Fund), 36.3745 cents on each one hundred dollars ($100) valuation ofproperty, and (b) For the Interest & Sinking Fund, 28.6255 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred forty-four thousand, three hundred seventy-five dollars ($444,375.00) on the Certificates of Obligation, Series 1992, 8.4531 cents on each one hundred dollars ($100) valuation ofproperty. For the purpose ofpaying interest and principal of One hundred twenty-eight thousand, three hundred dollars ($128,300.00) on the Certificates of Obligation, Series 1994, 2.4389 cents on each one hundred dollars ($100) valuation ofproperty. For the purpose of paying interest and principal of Four hundred eighteen thousand, two hundred forty-seven dollars and fifty cents ($418,247.50) on the Certificates of Obligation, Series 1996, 7.9550 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred ninety-nine thousand, seven hundred fifty-seven dollars and fifty cents ($199,757.50) on the Certificates of Obligation, Series 1998, 3.7986 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred twenty thousand, six hundred seventy dollars ($120,670.00) on the Certificates of Obligation, Series 1999, 2.2958 cents on each one hundred dollars ($100) valuation ofproperty. ' For the purpose of paying interest and principal of One hundred ninety-three thousand, six hundred forty-five dollars ($193,645.00) on the Certificates of Obligation, Series 2000, 3.6841 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 2001 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 131" DAY OF AUGUST, A.D., 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Q ' LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City City of Nederland, Texas 173 174 AN AMENDMENT TO ORDINANCE NO. 107 ' AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City ofNederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS A stop sign shall be erected on Gary Avenue at West Chicago. A stop sign shall be erected on Gary Avenue at 301h Street. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any , sum not less that $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 ofNederland, Texas this the K3 day ofa4l .c,Gl . 2001. Homer E. Nagel, Mayor City ofNederland, Texas ATTEST: c)(9.C",_ LaDOnna Floyd, City Clerk City ofNederland, Texas APPROVED AS TO FORM AND LEGALITY: , 4 'Richard D. Hughes, Cit}QAttorney City ofNederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 27, 2001 1. CALL MEETING TO ORDER 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve the minutes of the August 13, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PUBLIC HEARING The regular meeting as 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 rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 1811 - 2151 Street; 720 South 23`d Street; and, 421 South Memorial Hwy. Andre' Wimer, City Manager, gave a brief report on each structure. 4. RECONVENE There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:03 p.m. by Mayor Nagel. 1 L U Minutes continued, August 27, 2001 ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to set a 60 -day time period for the Arthur and Della Greer Estate (Ms. Lessee Bluitt, executor) to comply with the demolition and removal of the structure located at 1811 - 2155 Street, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to set a 30 -day time period for Robert Solis, Jr. to comply with the demolition and removal of the structure located at 720 South 23" Street, and in the event that the structure is not removed within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to set a 60 -day time period for David Redwine to comply with the demolition and removal of the structure located at 421 South Memorial Hwy., and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. BIDS/PROPOSALS A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to award bids received for employee health insurance to Blue Cross Blue Shield of Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to reject all bids received for medicare supplement and to authorize renewal of the medicare supplement with TML. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, August 27, 2001 A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to award bids received for employee dental insurance to Humana, Inc. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to award bids received for long term disability insurance to Blue Cross Blue Shield of Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. UTILITIES A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to authorize the City Manager to select either Houston -Galveston Area Council of Governments (HGAC) or the Texas CLIC Aggregation Project, Inc. (TCAP) for participation in a pool for the aggregation of electric power for the City facilities of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Sawyer to authorize the City Manager to enter into an agreement with a provider of electric power for the City facilities of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. GRANTS A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to authorize the submission of a grant to the Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. CONTRACTS/AGREEMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone approving the extension of warranty on the Wastewater Treatment Plant clarifier. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 178 Minutes continued, August 27, 2001 A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve an amendment to the agreement with Schaumburg & Polk, Inc. for wastewater system improvements, in the amount of j $160,000.00 ($61,000.00 for Construction Phase Services, and $99,000.00 for Resident Representative). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Clayton to approve a contract with Hollier Construction Company, Port Arthur, TX, in the amount of $4.90/ft. (approximately $6,860.00) for Avenue F curb replacement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Sawyer to approve a revised contract with Neches Engineers for evaluation of the Water Treatment Plant laboratory/administration building in the amount of $24,143.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to authorize the installation of a street light at 2224 Avenue C. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to appoint Larry Ducharme, John Butters, and Dick Nugent to the NEDC Board of Directors from October 1, 2001 through September 30, 2003. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None, 12. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $11,015.00, 2000-2001 collection system rehabilitation (Year 3); $3,532.73, 1999-2000 Minutes continued, August 27, 2001 collection system rehabilitation (Year 2); $2,104.99, west annexation area water and sewer improvements; and, $15,701.45, wastewater system improvements (Treatment Plant). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment to J & D Construction in the amount of $53,549.53, 1999-2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve payment to Hart Construction in the amount of $37,164.41, water and wastewater improvements, west annexation area, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve payment to Excavators & Constructors, Inc. in the amount of $2,250.00, drainage improvements, Area 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to approve payment to L. D. Construction in the amount of $253,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to T & N Laboratories, Inc. in the amount of $996.50, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to ALLCO, Inc. in the amount of $529,186.86, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. W:� Minutes continued, August 27, 2001 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 7:25 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas U �a L NAME Homer Nagel Robert Sawyer Joe Clayton Judy Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Darrell Bush Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Jim Weaver Victoria Klehn Kelly Galloway Mayor City Clerk Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET V1404 I PRESENT Mayor s/ Council Member- Ward 1 Council Member- Ward 2 Council Member - Ward 3 Council Member- Ward 4 City Manager City Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Parks and Recreation Director' Librarian Assistant to the City Manager '✓ ABSENT] a 181 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. September 10, 2001 CALL MEETING TO ORDER 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve the minutes of the August 27, 2001 meeting as written contingent upon adding that Councilmember Nugent appointed Larry Ducharme, Councilmember Radcliff appointed John Butters, and Mayor Nagel appointed Dick Nugent to serve on the Nederland Economic Development Corporation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PRESENTATIONS Chester Jordan, Executive Director of the South East Texas Regional Planning Commission, presented Councilmember Nugent with a plaque for his service to the Region "I" Water Planning Group and their efforts is protecting the areas water interest. Mayor Nagel and Mr. Wimer presented a watch to Jim Weaver, Director of Parks and Recreation, on his upcoming retirement. They thanked him for his service to the City of Nederland and it's citizens. 4. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:14 p.m. by Mayor Nagel for the purpose of conducting a Joint Public Hearing with the Planning and Zoning Commission to consider the rezoning of property described as Lots 1-13, Robin's Cove Subdivision, from C-2, Neighborhood Retail Commercial, to R-1, Single Family. Minutes continued, September 10, 2001 Members of the Planning and Zoning Commission present were: C. J. Schexnaider, Kenneth Mitchell, and Tim Sheffield. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:15 p.m. by Mayor Nagel. 5. ZONING A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to authorize the rezoning of Robin's Cove Subdivision from C-2, Neighborhood Retail Commerical, to R-1, Single Family, as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. JEFFERSON COUNTY NAVIGATION DISTRICT Representative Allan Ritter and Jefferson County Commissioner Mark Domingue addressed Council regarding the Jefferson County Navigation District. Commissioner Domingue explained that during the last legislative session Representative Ritter introduced HB 3653 that relates to the creation, administration, powers, duties, operation, and financing of the Jefferson County Waterway and Navigation District and the merger of the Jefferson County Navigation District with that district. He added that the bill was approved in both the House and Senate and will now be presented to the voters of Jefferson County. If approved by the voters the District would be funded by all Jefferson County property owners. Commissioner Domingue feels that the channel is critical to Jefferson County and all entities should share in funding by way of the tax. Representative Ritter added that the proposed legislation provides for 5 members to serve on the Board of the District with each commissioner appointing someone from their precinct to serve. This will provide for equal representation county wide. He asked that the City support this important legislation. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Ordinance No. 2001-13, electing not to provide five year vesting for City of Nederland employees who are members of the Texas Municipal Retirement System. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. J 8 -It Minutes continued, September 10, 2001 A motion was made by Councilmember Sawyer and seconded by Councilmember Sawyer to approve Ordinance No. 2001-14, declaring certain utility accounts as uncollectible. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. RESOLUTIONS A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve Resolution No. 2001-13, establishing just compensation to acquire property to be used for intersection improvements at 812 - 27`h Street, from Robert and Wendy Gray in the amount of $2,950.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve Resolution No. 2001-14, establishing just compensation to acquire property to be used for intersection improvements at 2704 Helena, from James and Janna Kerr in the amount of $14,766.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. BIDS/PURCHASES A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to authorize the advertisement of bids for drainage area 4. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to authorize the purchase of a sign and planter for the Marion & Ed Hughes Public Library at a cost of approximately $6,820.00, with funding to be provided by a Hebert Foundation grant. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to authorize the purchase of a trash truck from HGAC in the amount of $105,276.91. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, September 10, 2001 A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to authorize the sale of a surplus centrifuge to Cooper Equipment, Sugar Land, TX, in the amount of $1,275.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilman Sawyer and seconded by Councilmember Radcliff to authorize the purchase of a slide for the swimming pool at Doornbos Park in the amount of $11,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. BUDGET A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve amendments to the 2000-2001 budget (see attached). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve Ordinance No. 2001-15, amending the 2000-2001 budget. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. WATER AND SEWER Andre' Wimer, City Manager, reminded Council that a time extension was granted to Hart Construction for the West Annexation Water and Sewer Improvements, Phase I, project. The deadline is currently September 17`n however, it does not appear that all work will be completed by that time. Rick Bourque, Schaumburg & Polk, Inc., gave a brief status report to the Council. He stated that the project is somewhat behind, partly because of the heavy rains during the last few weeks. He added that Schaumburg & Polk are also holding up one portion of the project until some street work has been completed in the area. Mr. Bourque said that some of the items that are still not completed are: lift station, force main, sanitary sewer lines along a portion of Hwy. 69, and service lines to property owners. Ivy Hart, Hart Construction, stated that they should have some of the lines tied ' in by the end of the week and will begin testing of lines. 18 C, Minutes continued, September 10, 2001 12. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to d.p. Consulting Engineers, Inc. as follows: $326.40, Boston Avenue pavement rehabilitation; $20,265.33, upper Main "C" drainage improvements; and, $295.04, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to approve payment to L.D. Construction in the amount of $32,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Radcliff to approve payment of the bills for the month of August. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 13. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting at 4:23 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: Homer E. Nagel, Mayor �`pF NE�- l /1 C1 J/o'�v�„c Cir �r-� • LaDonna Floyd, City Clerk l CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE Homer Nagel Mayor Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member- Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Jim Weaver Parks and Recreation Director Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor Q " ity Clerk 9-10.0, Date PRESENT ABSENTI it 83 ORDINANCE NO. 2001-13 AN ORDINANCE ELECTING TO NOT PROVIDE FIVE- YEAR VESTING FOR EMPLOYEES OF THE CITY OF NEDERLAND, TEXAS, WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIRMENT SYSTEM. WHEREAS, the City of Nederland, has elected to participate in the Texas Municipal Retirement System (the "System") pursuant to the provisions of Subtitle G of Title 8 of the Government Code, as amended (the "TMRS Act"); and WHEREAS, Section 854.205 of the TMRS Act, as amended effective September 1, 2001, provides that, unless a participating municipality's governing board files with the Board of Trustees of the System before December 31, 2001, an election to not provide five-year vesting for its employees who are members of the System, such employees, may, if they have at least five years of credited service with cities that do provide five-year vesting, terminate covered employment and remain eligible to retire and receive a service retirement annuity when they have attained an applicable retirement age as provided by law; and WHEREAS, the City Council of the City of Nederland, finds that it will be in the public interest to elect not to provide for such five-year vesting; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1. The City Council of the City of Nederland, elects not to provide five-year vesting under Section 854.205 of the TMRS Act, and the City is hereby authorized and directed to file notice of this election with the Board of Trustees of the System before December 31, 2001. Section 2. The provisions of this ordinance shall become effective on the 31" day of December, 2001. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 10`h DAY OF SEPTEMBER, A.D., 2001. Homer E. Nagel, Mayor V' City of Nederland, Texas ATTEST: LaDOnna Floyd, City Clerk r City of Nederland, Texas 1 .y7P�ED AS TO FORM LEGALITY: , Richard D. Hughes, City Attorfiey City of Nederland, Texas ORDINANCE NO. 2001-14 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $13,481.88 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9-30-01 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 2000-01 in the amount of $13,481.88 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 106-32 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 10th day of September, A.D., 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, Ci fNederland Cityo , Texas 1 J ATTACHMENT"A" 1 t CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2000-2001 01-0370-03 $ 17.81 01-0370-04 476.91 01-1630-02 7.03 02-0010-00 208.16 02-0070-01 177.59 02-0210-05 26.83 02-0910-01 162.30 02-1660-00 81.07 02-2420-00 5.34 02-2510-01 72.40 02-2750-04 65.31 03-0470-00 161.16 03-0650-05 162.92 03-0970-01 131.39 03-2590-01 107.89 04-0810-03 30.70 04-0950-02 83.30 04-1610-02 15.55 04-1680-06 26.70 04-1860-00 148.67 04-2060-04 87.94 04-4440-00 26.91 05-0045-02 23.18 05-3360-00 152.00 05-3530-03 204.72 05-3570-07 220.72 05-3670-04 40.09 05-3730-03 28.97 05-3910-08 34.77 05-4010-00 58.08 05-4010-03 118.40 05-4252-00 12.59 06-0570-06 15.39 06-0710-00 108.18 O6-0920-02 169.07 06-0950-00 26.17 06-1090-03 131.39 06-1250-03 18.64 06-2080-00 10.00 06-2720-05 85.36 06-2923-01 35.11 06-3000-02 46.53 07-0560-05 22.03 07-1250-02 255.94 07-1670-05 68.38 08-1130-00 76.10 08-2190-02 73.08 08-2920-00 61.37 09-0560-02 6.42 09-1640-00 22.64 10-0120-02 39.77 10-0130-06 79.95 10-0210-00 88.89 10-0350-05 399.44 10-0650-04 58.29 10-0800-05 68.50 10-1070-03 116.57 10-1130-03 118.80 10-3260-03 30.43 10-3470-00 28.97 11-0510-00 46.79 11-1410-00 72.45 11-1640-06 73.59 11-1640-07 98.78 11-1760-04 27.50 11-2170-04 17.78 11-3155-00 90.07 11-3165-05 62.47 11-3170-03 16.84 11-3196-01 34.84 l ATTACHMENT"A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2000-2001 19 1 $ 13,481.88 12-0310-02 48.11 12-0640-06 12-0700-00 5.33 1.00 12-0910-03 71.62 12-1030-04 299.41 12-1283-02 19.90 13-0290-04 381.00 13-0880-01 84.03 13-1700-02 21.67 13-2070-03 225.64 14-1430-04 21.06 14-1430-05 38.55 15-0510-03 32.05 15-1190-03 36.56 15-1250-01 65.64 15-1760-00 134.47 15-1760-03 156.20 15-2370-05 67.13 16-0440-01 54.93 16-0530-00 265.04 16-0620-04 89.54 16-0990-01 45.08 16-1010-00 87.91 16-1340-03 50.61 16-1520-02 308.24 16-1900-04 29.68 17-0250-07 14.20 17-0560-05 39.01 17-0570-06 76.58 17-1220-03 66.92 17-1550-04 39.67 17-1580-03 96.97 17-2010-02 8.96 18-0910-02 195.74 18-1320-00 60.16 18-1880-03 48.70 18-1890-03 9.80 18-2290-00 34. B8 18-2830-01 28.97 19-2180-03 112.37 19-2410-08 306.59 20-0070-00 99.00 20-0320-02 63.03 20-0460-02 55.08 20-0950-01 63.23 20-0950-02 22.52 20-1253-02 16.52 20-1610-02 9.55 20-2410-00 574.01 21-1930-01 250.65 22-0930-00 40.44 22-1210-02 26.66 23-0060-01 51.05 23-1090-03 69.61 24-0250-00 49.35 24-0403-00 5.14 24-0407-00 132.46 24-0645-00 386.55 24-0649-00 498.98 24-0670-00 122.26 24-0672-00 217.00 24-0690-01 22.71 24-0725-00 117.05 24-0776-00 101.53 24-0840-01 336.80 24-0905-00 117.05 24-1030-00 28.83 24-1070-00 237.98 $ 13,481.88 19? CITY OF NEDERLAND RESOLUTION 2001-13 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 812 - 27TH STREET, NEDERLAND, TEXAS WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal (Attachment "A") of a 0.8494 acre tract of land out of and a part of Lot 5, Block 16, Range H, PALCO, Jefferson County, Texas, has been made in order for the City to obtain the tract to be used for intersection improvements of 27`h Street and Helena Avenue, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $2,025.00, and WHEREAS, the City Council made an offer to Robert and Wendy Gray, in the amount of $2,025.00 to acquire the aforementioned property, and WHEREAS, the City received a counter offer from Robert and Wendy Gray in the amount of $2,950.00, and Ll WHEREAS, the City Council has determined that $2,950.00 is a reasonable and I acceptable sum in consideration of all applicable factors, including but not limited to the cost of condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council does confirm and ratify the purchase and acquisition of a 0.8494 tract from the property located at 812 - 27`h Street, Nederland, Texas, at a cost of $2,950.00. PASSED AND APPROVED this the / O day of --',, (Tt,. ,tA _, 2001. Homer E. Nagel, Mayor/� City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorn City of Nederland, Texas 193 CITY OF NEDERLAND RESOLUTION 2001-14 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 2704 HELENA AVENUE, NEDERLAND, TEXAS WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal (Attachment "A") of a 0.9989 acre tract of land out of and a part of Lot 1, Block 17, Range I, PALCO, Jefferson County, Texas, has been made in order for the City to obtain the tract to be used for intersection improvements of 27" Street and Helena Avenue, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $7,900.00, and WHEREAS, the City Council made an offer to James and Janna Sue Kerr, in the amount of $7,900.00 to acquire the aforementioned property, and WHEREAS, the City received a counter offer from James and Janna Sue Kerr in the amount of $14,766.00, and WHEREAS, the City Council has determined that $14,766.00 is a reasonable and acceptable sum in consideration of all applicable factors, including but not limited to the cost of condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND.TEXAS: THAT the City Council does confirm and ratify the purchase and acquisition of a 0.9989 tract from the property located at 2704 Helena Avenue, Nederland, Texas, at a cost of $14,766.00. PASSED AND APPROVED this the day of lu wAtf l 2001. 7e�� Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ) Aichard D. Hughes, City Attorneg City of Nederland, Texas it 94 ORDINANCE NO. 2001-15 AN ORDINANCE AMENDING THE 2000-01 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance 2000-09 which adopted the 2000-01 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" and Attachment "B" attached hereto; and, WHEREAS, the 2000-01 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2000, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2000 and ending September 30, 2001, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council," and, 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 2000-01 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 2000-09 adopting the budget for 2000-01; and, WHEREAS, the City Council finds that the budget for 2000-01 fiscal year should also be amended for unanticipated revenues received and additional expenditures for specific purposes as set out in Attachment `B." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT the budget for 2000-01 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment "A" and Attachment "B." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk 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. 1 L 7 LJ PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 10 DAY OF SEPTEMBER, A.D., 2001. Homer E. Nagel, Mayor VV City of Nederland, Texas ATTEST: '-'a, Lloyd, Ci aDonna F 1 City of Nederland, Texas 1 i95 APPROVED AS TO FORM AND LEGALITY: I W- 0- - Richard D. Hughes, City Attorn City of Nederland, Texas 1 i95 196 BUDGET ORDINANCE AME I AMENDMENT -ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at 9-30-00 in the amount of $60,640 and increase line items as detailed below. City Manager Increase 01-13-00-6393 Contractual Services $8,000 Due to contract negotiations for Firefighters Collective Bargaining City Hall Increase 01-19-00-6331 Telephone $1,400 Increase 01-19-00-6349 Natural Gas $800 Unanticipated increase in costs of natural gas and telephone maintenance contract Police Increase 01-21-00-6128 Worker's Compensation $9,200 Unanticipated increase in worker's compensation premium. Increase 01-21-00-6348 Electricity $300 Unanticipated increase in cost of electricity Police -Prisoners Increase 01-21-01-6115 Extra Help $10,200 Increase 01-21-01-6126 Social Security $780 Increase 01-21-01-6128 Worker's Compensation $100 Additional extra help needed to staff prisoner crews working in City. Fire Increase 01-22-01-6128 Worker's Compensation $3,250 Unanticipated increase in worker's compensation premium Increase 01-22-00-6349 Natural Gas $700 Unanticipated increase in costs of natural gas Public Works -Administration Increase 01-30-00-6348 Electricity $1,450 Increase 01-30-00-6349 Natural Gas $1,340 Unanticipated increase in costs of electricity and natural gas Street Increase 01-31-00-6128 Worker's Compensation $8,520 Unanticipated increase in worker's compensation premium City Shop Increase 01-32-00-6128 Worker's Compensation $880 Unanticipated increase in worker's compensation premium Parks Increase 01-51-00-6348 Electricity $7,600 Unanticipated increase in costs of electricity Library Increase 01-55-00-6348 Electricity $5,000 Increase 01-55-00-6349 Natural Gas $1,120 Unanticipated increase in costs of electricity and natural gas 197 WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9-30-00 in the amount of $166,220 and increase line items as detailed below. Water Treatment Increase 50-60-00-6128 Worker's Compensation $2,610 Unanticipated increase in worker's compensation premium Increase 50-60-00-6348 Electricity $5,300 Unanticipated increase in cost of electricity Increase 50-60-00-6404 Untreated Water $32,000 Significant rate increase from LNVA Water & Sewer Distribution Increase 50-63-00-6111 Overtime $40,000 Increase 50-63-00-6124 TMRS $15,000 Increase 50-63-00-6126 Social Security $5,000 Increase 50-63-00-6128 Worker's Compensation $3,810 Significant increase in overtime costs was due to; drought last fall causing multiple water line breaks, disruptions from extensive contractor work, and pavement repair performed on overtime. Increase 50-63-00-6756 Sewer Collection Lines $62,500 Emergency sewer line repair SOLID WASTE FUND . Amend Solid Waste Fund by appropriating unencumbered funds remaining at 9-30-00 in the amount of $32,500 and increase line items as detailed below. Solid Waste Increase 52-33-00-6128 Worker's Compensation $2,500 Unanticipated increase in worker's compensation premium Increase 52-33-00-6390 Waste Disposal $30,000 Excessive volume of garbage and trash reflecting actual landfill usage. EQUIPMENT REPLACEMENT FUND -GENERAL Amend Equipment Replacement -General Fund by appropriating unencumbered funds remaining at 9-30-00 in the amount of $128,000 and increase line items as detailed below. Increase 34-00-00-6742 Motor Vehicles $287,000 Purchase of Fire Department pumper anticipated for following fiscal year, was funded and purchased in current year. DEBT SERVICE Amend Debt Service Fund by appropriating unencumbered funds remaining at 9-30-00 in the amount of $658,150 and increase line items as detailed below. Increase 40-70-00-6800 Interest $27,300 Increase 40-70-00-6801 Principal $615,000 Increase 40-70-00-6802 Agent's Fees $15,850 Debt service payment for redemption of Tax Anticipation Notes issued in October 2000, also additional interest due on Series 2000 Certificates of Obligation issued in fiscal year 99-00. i9 BUDGET ORDINANCE AMENDMENT - ATTACHMENT B GENERAL FUND Amend as follows: Increase 01-00-00-4350 Federal Grant Revenue $5,360 Increase 01-22-00-6743 Fire Department Furniture, Fixtures & Office Equip. $5,360 Federal Grant award from the Federal Emergency Management Administration for equipment to be used for training in emergency situations. CAPITAL OUTLAY Amend as follows: Increase 31-00-00-4910 Contribution from EDC $43,000 Increase 31-00-00-6743 Furniture, Fixtures & Office Equipment $15,400 Increase 31-00-00-6393 Contractual Services $27,600 Funds were received from the Nederland Economic Development Corporation for City enhancements; Public Works -computer and plotter, matching funds for Boston Avenue Landscaping and Paving. 1 fl 2000-2001 BUDGET AMENDMENT REOU EST No. 1 5-1 : Water & Sawer Department 50 63-00 W &I Dbtrlbullon .crease the fallowing a¢ount(s): 5083-00 8222 Mom, Vehicle Fuel 5063-00 8247 Wet er&Sewer Maine 50 83-00 8270 Equipment Maintenance & Repair 50 83-00 6333 Tmining & Travel 50 63,006747 Radia & Radar Equlpment 5063.00 6755 Water Dlalribu0on Linea Sub - total Decrease the fallowing acccurd(s) 5083-W 8341 Inaumnca Ge neral 50 63-00 6343 Insurance Motor Equipment $063.00 83g3 C.I...el SeMces 50 63.00 6743 Furniture, Fixtures, Once Equipment 5063-00 0749 Fire Hydmnb 5063.00 9760 Wabr Taps 5083-00 8761 Sawer Taps Sub -lobl JustlScedon for amendment with course f.00, I( not approved: Meet Me Items are for adjustment to adual expendhuru Dap nt Head Requssdng Amendment Approved: Uq s/2O/oi (�/— Date CIL) nager /Fuunnd Avall/a%ble�: Apptlrved by Cauncll: cl1 ly ilTmAwar ar r4V6� �L� D to 2000.2001 BUDGET AMENDMENT REQUEST No. t Fund: Water Sewer Department 5080-W Wabr Treatment Increase the following ..wont.): 50 BO -00 6222 Mater Vehicle Fuel 5060.00 6348 Electricity 5060-00 6366 Uneorm Rental Sub -usil 5233-00 8111 Overtime $10,000.00 Decrease the fcllawing account(s) 50 80-00 8111 wartime 50 fi0-00 6337 Advertlsing/Publlwtlon 5080-00 8341 Insurance General 5080.00 8343 Ineuranm Motor Equipment Sub - total JueU6oatbn rcr amendment with .aurae of action If not approved Moat Ilns Items ate for adjustment to duai,pendft­ Gallant Mss, Requesting Amendment a'z'j ate Jmda A.P.bb�b: ciyT ure d BUDGET AMENDMENT REQUEST !y� Fund water &Sewer Department W"ng/Collections i J ,J Increase the following account(s): Amount 50-61.00.6393 Contractual Services 2,000 Amount $9,000.00 Decrease the following account(s): Amount $7,490.00 50-61-00-6110 Salaries & Wages 2,000 $1,000.00 $1,539.00 $10.00 $6000,00 $25,039.00 Am— $2,108.00✓ $155.00 $15,278.00✓ $500.00 ✓ $3,000 Do/ $1,500.00✓ $2,500.00✓ Justification for amendment with course of action If amendment Is not approved: $25,039.00 Temporary help hired until metar reader was replaced. Approved:��(l�77 Cal Department Head Requesting Amendment Approved: 6 �'� Fund: Solid Waste Department 5233-00 Said Wasts Fund, Avallaable: Amount Increase the following account(-): Amount 5233-00 8111 Overtime $10,000.00 $600.00 D.I. City Manager totet. $18,000.005233-00 Funds Available: $5,000.00 Approved by Council: Data Dirseldi of Finance Dab We Approved:��(l�77 Cal 2000.2001 BUDGET AMENDMENT REQUEST No. 1 Approved: GIy'Maneg.r 6 �'� Fund: Solid Waste Department 5233-00 Said Wasts Fund, Avallaable: Amount Increase the following account(-): Amount 5233-00 8111 Overtime $10,000.00 $600.00 5233-00 6242 Garbage Bags $642.00 $18,000.005233-00 8255 Motor Vehicle Supplles $5,000.00 $700.00 5233-00 fi390 Waste Dlepesal$11,885.00 517,300.00 Sub - total $27,827.00 Nnount Omni— the following aacunt(s) Amount $14,572.00/ 5233-00 6341 Insurance General 00. $781./ $1,500,00— 5233-00 6343 Insurance Motor Equipment $ 1,848.00✓ $1,0119.001 5233-00 8397 Green Wast. Recycling $25,000.00/ $139.00✓ Sub - total $27,627.00 $17,300.00 Jusd6catlan for amendment with course of action If not appmved: Most line items are for adjustment to adue l expenditures. Approved:��(l�77 Cal Depa nl Head Requesting Amendment S r Dae / Dale Approved: GIy'Maneg.r 6 �'� Approved by Council: Fund, Avallaable: Approved by Cauncll: fij" x n Date City Tree re - r 9/f/o l C Data 200 Swtlllcadvv for amandmevt tvlth course of action It amendment t, ovt approved: Travefen —eq—ted m balatto 1e1et•1 negative live itcme and to sdir itbute &ads m pmchese •dtutc.el boob and equipmanL Reatom for demeues: 1. 01.55.00.6331 Telephave5mvica Lbta,,tot ved a-rtm dbeauvn from MCI and Southwa"m Bell. 1 01-55-00-6333 Trdmng&Tnvd HL Scud T. State L3tary did mtspo"or u vary wmkehcpt ptteceot w Lbmty stat medditiou the Lbnry Dtrec"r shared accommodetlom when atavdmg the TLA cufetevcI, due teduccag tort m city. 3. 01-55-00.6338 Priming & Binding It wu vat necevery m send any boob m the bledery, 4. 0145-004355 Vehicle&Equ[pment Mala"omce Nv vajm tepein m equipment warn squired Aeuvm for Inmu+a: 1, Old5.00.6]63 Capitil Addihaml &vat Overt "gaved to putchaatt hepa-0�er scows clemer. Recovmtendedby Safery Spec:alietat Lame[ Umvmiry and «med'ud® campenies. 2. 01-55.003212 Boake & Pubgndom le—ese "q—,W P=bue aPi.— copies of damaged m worn di]dten'a eavalal,, u we0 u a— nut, nut Ydcoayea end tandngboolce. BUDGET AMENDMENT REQLEST Fund General Department Llbr— Increase the following account(s): Amonat 01-55-00-6743 Capital- Furniture, Fbitmes, etc. 252.00 O1-55-00-6212 Books & Pt blications 4,223.00 Decrease the Following account(s) Amount 01-55-00-6331 Telephone 400.00 01-55-00-6333 Training & Travel 800.00 O1-55-00-6338 Printing & Binding 1,300.00 01-55-00-6355 Vehicle & Equipment Maintenance 1,600.00 01-55-00-6400 Special Program Contractual 375.00 Department Head Requesting amendment Approved: Date cry ear t• Funds Available: Approved by Council: .-,/- City Tttairer Data Det, 1 1 BUDGET AMENDMENT REQUEST Approved: Fund General Department Fire -Rescue / a/.,y aa_ . 9/� Increase the following account($): Amount 0I-22-00-6222 - Motor Vehicle Fuel .$1,000.00 71-22-00-6258 - Motor Vehicle Supplies $ 500.00 22-00-6331- Telephone $1,000.00 22-00-6332 - Postage a Freicht 100.00 1-22-00-6355 - Vehicle a Equipment R 6 M $1,235.00. ease the fol:owing account(s): Amount 01-22-00-6212 - Books 6 Publications $ 100.00 O1-]J-n0-6�a6 - Pand. 9 eon nn✓ 91-12-00-6265 - 'coolies I Kingn Tools $ 500.00 01-22-00-6270 - Ecui—ent Maintenance 6 Re..ir 200..00 01-22-00-6314 - Medical Service. s Pre-Eaploy� 300.00 Justification for amendment with course of action If amendment Is not approved: 01-22-00-6742 - Capital Outlay - Motor Vehicle. To cover under-budasted line item, and purchase equipment not in this fiscal budget. 6743 Furniture, Fixtures and Office Supplies /Depannent Head Requesting amendment Approved: �1'NddQSJ a15" OI / S/yip �Oeb City Manager D.C. CITYOFOFFICE OFA ASSISTANT TO NFDTEM CITY MANAGER 201 BUDGET AMENDMENT REQUEST Fund: Saco- Depanrtent Personnel(01-16) Amoaat 0146-004743 (Capitai Outlay/Fumiture, Fixtures, Office Equipment) $155,6 Dec[ea<e the follewiva aecounN.)� Amount O1-16-00-6400 (Special P.g,— Conmactual) $155.94' Listification, for amendment 'h come ofBetior,'f t' & Expenditure exceeded budgeted Sa ds due to uoden.6..ting cast of.— computer and printer for Adm'nistri dye Secretary E P --,l Office. Dapartmeat Beed Requesting Amendment: Approved by. ,7�7�u ar-r7-a / S/y,/fir AsrCtb the City Amager Daze C TyMmnger Date Foods Available: Appmved by Council: Funds Available. Approved by Council: L7y1 Department Head Approved: / a/.,y aa_ . 9/� Amendment: City Tressure[ Cit/ Treasurer Date D.m 1,Re�Ilu�e/sting "" � QDat4 y ' BUDGET AMENDMENT ' �7 Deperment Head Req -01g amendment Approved: REQUEST C onager BUDGET AMENDMENT REQUEST FUND: General DEPARTMENT: Court Technolagv Approved by Council: Fund General Department Fire-Reaeue Increase the following account(s): Amount: Increase the fallowing accaunt(s): 6315 Computer System $3,000.00 01-22-00-6365 - Rental Equipment 01-22-00-6742 - Capital Outlay - Motor Vehicle. Decrease the following account(s): Amount: Decrease the toilawing account(s): 6743 Furniture, Fixtures and Office Supplies $3,000.00 01-22-00-6324- Laboratory Testinq 01-22-00-6341 - Io—enc. General 01-22-00-6343 - 1—crant. Motor Equipment 01-22-00-6210 - GeneralOfficegu Lie. 01-22-00-6744 - Miecellaneene Equipment (Capital) Justification for amendment with course of action If amendment Is not approved: Justification for amendment with course of action if amendment Is not approved: Transfer needed to repair budoet Department Head Approved: Amendment: 1,Re�Ilu�e/sting "" � QDat4 y ' �7 Deperment Head Req -01g amendment Approved: C onager oats CI Manager Available: Approved by Council: //JJn�da _(�/h d�ni 9�t1 �0 1 Funds Available: Approved by Council: City T�surer D to Date �Tmaiurer City Treasurer pat. Data Amount $ 320.00 $1,886.00 Amount i 300.00 $1,92340a $1,283.00 500.00 $ 435.00 -2Yf(/JI D.C. BUDGET AMENDMENT REQUEST �Vr Fund GerTeral Department Pa; ks&RacreaVan Increase the following aOccunt(s): 5393 Contractual Services Decrease the following account(-): 6110 Satires & Wailes 8111 Overtime 6121 Gmup Insurance Justification for amendment with .ours. of action If amendment Is not approved: /--'l— -- —, BUDGET AMENDMENT REQUEST Department Head1Requfesting Amendment Approved: Fund General Department Inspections Department Head Requesting Amendment Approved: Amount Increase the f.11owing acc—((s); Amount Z Hca L 210 l.'.✓ W.� n S . - oee. City Manager 16,000 - �.,« aa - Amount se Dec the fgllawing account(-): Am. > 13,000 ✓ 7 �a - 6 7�; F[1e✓rim F+.(+1.nls o.xrf f���Pxr.;✓r 1,000.00 ClryT sasurar a.t. 2,000.00 ✓ City Treasurer pat. 'oar. JusUflcatlon for amendment with course cf action if amendment Is not approved: Department Head1Requfesting Amendment Approved: Department Head Requesting Amendment Approved: oee. City Manager pee pate City Manager gam Funds Available: Approved by Council: Funds Avaltabf. Approved by Council: / &lz 9/ ClryT sasurar a.t. Pete City Treasurer pat. 'oar. BUDGET AMENDMENT REQUEST BUDGET AMENDMENT REQUEST Fund General Department Parks & Recreation Fund General Department Parks & Recreatlan Increase the following account(s): Amount Increr.�e�vt�he following ..... nt(.): Amount 6743 Fumlture, Fixtures. Off Eau 1,912 -e..e> Miscellaneous Equipment 2.810 Decrease the following account(s): Amount Decrease the following aocount(s): Amount E400 Special oroarams 1,200 6392 Fee for Olncladnq 2,810 6350 BldclShucture Improvements 712.00 Justillcaban for amendment with course of action If amendment is not approved: Justification for amendment with coupe .f action If amendment Is not approved: <..p,�fw Replecino Pool puma motor and hauslnq If not approved, close swlmminq pool Department Head Requesting Amendment Approved: Department Head Requesting Amendment Approved: Ili �-za o THei DO. City Manager Manager oat. o.nl Iry Manager 'Pete Funds:Avallabla: Approved by Council: /Funds Available: / Approved by Council: CltyTre surer oa. D.I. CI Tr a�--surer— Pae Pete p,t, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p .m. 1. CALL MEETING TO ORDER September 24, 2001 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 for quorum. 2. MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the September 10, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 3. ANNOUNCEMENTS Mayor Nagel introduced four students from Nederland High School who are working on college credits. Mayor Nagel read a news release from the Government Finance Officers Association announcing that the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City. This Certificate is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. He added that an Award of Financial Reporting Achievement has been awarded to the individual primarily responsible for preparing the award-winning comprehensive annual financial report, Cheryl Dowden, Director of Finance. Mayor Nagel thanked Mrs. Dowden for an outstanding job. Mrs. Dowden stated that the award is a team effort between all city staff. 4. PROCLAMATION LMayor Nagel presented a proclamation to Becky Mansveld, Director of the Mid - County Senior Citizen Center; Lorenzo Sumrall, President of the Mid -County Senior Citizens Association; and, Ronnie Trahan, President of the Mid -County Senior Citizens Foundation, declaring September 26, 2001, as "B. A. "Booty" Ritter Center for Mid County Senior Citizens, Inc. Day" in Nederland. (1 R, { Minutes continued, September 24, 2001 A motion was made by Councilmember Sawyer and seconded by Councilmember Clayton to approve a proclamation declaring September 26, 2001 as "B. A. "Booty" Ritter Center for Mid -County Senior Citizens, Inc. Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 5. CONTRACTS/AGREEMENTS A motion was made by Councilmember Nugent and seconded by Mayor Nagel to postpone approval of the extension of warranty on the Wastewater Treatment Plant clarifier. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 6. DEVELOPMENTS A motion was made by Councilmember Clayton and seconded by Council - member Sawyer to accept the improvements in the Holland Homes subdivision. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 7. BIDS/PURCHASES A motion was made by Councilmember Radcliff and seconded by Council - member Clayton to authorize the purchase of a sign to be used as a memorial at the Boston Avenue neighborhood park to former Mayor Carl "Cropo" LeBlanc from Paul E. Allen Company in the amount of $4,806.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 8. RESOLUTION A motion was made by Councilmember Nugent and seconded by Mayor Nagel to approve Resolution 2001-15, nominating Charles Lankford to the Jefferson County Appraisal District Board of Directors. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Minutes continued, September 24, 2001 9. ZONING A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to call for a Joint Public Hearing of the City Council and the Planning and Zoning Commission to be held October 22, 2001 at 6:00 p.m. to discuss potential amendment to the Zoning Ordinance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to publish the Notice of Public Hearing for the Joint Public Hearing of the City Council and the Planning and Zoning Commission in the October 3, 2001, issue of the Mid County Chronicle. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 10. PAYMENTS A motion was made by Councilmember Clayton and seconded by Council - member Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $3,160.57, 1999-2000 collection system rehabilitation (Year 2); $9,484.00, 2000-2001 collection system rehabilitation (Year 3); $269.92, Beauxart Garden Road improvements; $13,906.14, wastewater system improvements (treatment plant); and, $7,238.75, west annexation area water and sewer improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 6:25 p.m. by Mayor Nagel for the purpose of conducting an Executive Session in accordance with Texas Government Code, Chapter 551 .072, discuss acquisition, exchange, sale, and/or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc; and possible litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding the Water Treatment Plant. 12. RECONVENE The regular meeting was reconvened at 6:31 p.m. by Mayor Nagel. Minutes continued, September 24, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to authorize condemnation proceedings to be initiated on property to be used for intersection improvements at 27`h Street and Helena Avenue, if the negotiations between the City and the property owners are not concluded by October 1, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. 13. OFFICIALS' COMMENTS Cheryl Dowden, Assistant City Manager, reminded the Council that the reception to honor Coach Weaver on his retirement will be Wednesday, September 26`h from 3:30 p.m. to 5:00 p.m. Mrs. Dowden then presented the Mayor and Council with their $1 .00 annual salary. Jim Weaver, Director of Parks and Recreation, reported that the Church of Jesus Christ of Latter Day Saints donated their time and materials to rewire Rienstra Park. Paul Hempel, South 36`h Street, asked Council about the drainage situation in his area. Mayor Nagel responded that the City is awaiting on written approval from the Texas Department of Transportation to begin installation of pipes under Hwy. 69. 14. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 6:42 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff and Nugent. Noes: None. Homer E. Nagel,ayor ATTEST: 9 LaDonna Floyd, City CI`erk v 1 i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENTI ABSENT Homer Nagel Mayor ,/ Robert Sawyer Council Member- Ward 1 Joe Clayton Council Member- Ward 2 f Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance V-" Steve Hamilton I Director of Public Works I �/ Rod Hatch Building Official Jim Weaver Parks and Recreation Director , z Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Mayor City Clerk 9 - t-2 L1 C,) Date 0 .t zos CITY OF NEDERLAND RESOLUTION NO. 2001-15 THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City Council of the City of Nederland, Texas, at its regularly scheduled meeting of September 24, 2001, 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, 2003. 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, 2001, in accordance with said Statute. PASSED AND APPROVED this the t.?? day of , 2001. &7z_ r� �sz�� - Homer E. Nagel Mayor Robert Sawyer ' Council Member, Ward I Judy'Radcliff Council Member, Ward III ATTEST: o LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hug >� City Attorney City of Nederland, Texas Jo rid C unci) Member, Ward II R. A. "Dick" Nugent Council Member, War IV 1 1 1 1201 - REGULAR O1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. October 8, 2001 1. MEETING CALLED TO ORDER 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve the minutes of the September 24, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. INTRODUCTION Mayor Nagel introduced Stephanie Bear, Lamar University student, who was attending the meeting for a political science class. 4. PROCLAMATION Mayor Nagel presented a proclamation to Fire Chief Mike Lovelady declaring October 7-13, 2001 as "Fire Prevention Week". Chief Lovelady thanked the Council and city staff for their support of fire prevention activities. A motion was made by Mayor Nagel and seconded by Councilmember Clayton to approve the Proclamation declaring October 7-13, 2001 as "Fire Prevention Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. X10 Minutes continued, October 8, 2001 5. PRESENTATION Rhonda Bellows, YMCA, gave a brief overview of the Nederland branch of the Port Arthur YMCA and all the programs that are offered to the children of our community. She presented a plaque to the Mayor and Council to thank the City for their continued support. 6. REQUEST A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve a request by the Nederland Heritage Festival to pour concrete over the grassy areas and shrub areas of the Nederland Heritage Pavilion. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. STREETS AND SIDEWALKS A motion was made by Councilmember Sawyer and seconded by Council - member Clayton to authorize the closure of 14th Street, from Boston Avenue to Chicago Avenue, on October 9, 2001, from 5:30 p.m. - 9:00 p.m., for Fire Prevention Week activities. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CONTRACTS AND AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve an Interlocal Agreement between the cities of Nederland, Port Neches, Groves and Port Arthur, Jefferson County, and Jefferson County Drainage District No. 7 to develop a regional storm water management program (SWMP) and process the associated permit application forms for the TPDES Phase II Storm Water Discharge Permit. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. ORDINANCE A motion was made by Councilmember Clayton and seconded by Council - member Nugent to approve Ordinance No. 2001-16, repealing Medicare supplement. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, October 8, 2001 10. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve Resolution 2001-16, authorize Darrell Bush to sign the required forms for the Nederland Police Department for licensing unmarked police vehicles. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. BIDS/PURCHASES A motion was made by Mayor Nagel and seconded by Councilmember Nugent to authorize the purchase of two (2) new cars for the Police Department from HGAC in the amount of $42,698.32. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Clayton to authorize the purchase of self contained breathing apparatus for the Fire Department (12 complete units and 20 air cylinders) in the amount of $4,600.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. CONTRACTS AND AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve a contract with Tri -City Sweeping, Inc. for street sweeping services six (6) times per year at a rate of 595/hour. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 13. STREETS AND SIDEWALKS A motion was made by Councilmember Sawyer and seconded by Council - member Clayton to approve the submission of the following potential street improvement projects for the South East Texas Regional Planning Commission 2001 JOHRTS street program: 212 Minutes continued, October 8, 2001 27`h Street, Helena Avenue to Canal Avenue Avenue H, Twin City Highway to East City Limits 21't Street, Nederland Avenue to Avenue H 18`h Street, Canal Avenue to Spurlock Road South 29" Street, Avenue H to FM 365 Hill Terrace, Hardy Avenue to FM 365 Hardy Avenue, Avenue A to Avenue H Canal Avenue, Hwy. 69 to Twin City Highway MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to J & D Construction in the amount of $35,710.50, 1999- 2000 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmernber Sawyer and seconded by Mayor Nagel to approve payment to ALLCO, Inc. in the amount of $316,631.83, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payment to Hart Construction in the amount of $102,822.92, water and wastewater improvements, west annexation area, Phase I. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Council - member Sawyer to approve payment to Neches Engineers in the amount of $922.03, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve payment to T & N Laboratories, Inc. in the amount of $295.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, October 8, 2001 A motion was made by Councilmember Clayton and seconded by Mayor Nagel to approve payments to d.p. Consulting Engineers, Inc. as follows: $354.80, Boston Avenue rehabilitation project; and, $22,963.63, upper Main "C" drainage improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment to L. D. Construction in the amount of $43,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Nugent to approve payment of the bills for the month of September, 2001. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 15. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 16. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Councilmember Radcliff to adjourn the meeting at 3:55 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas City Clerk t 0 -,1-a r Date I In a 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 ✓ Joe Clayton Council Member - Ward 2 i/ Judy Radcliff Council Member -Ward 3 i/ Dick Nugent Council Member - Ward 4 L/ Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney i/ Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Mayor City Clerk t 0 -,1-a r Date I In a 1 CITY OF NEDERLAND ORDINANCE NO. 2001-16 AN ORDINANCE REPEALING ORDINANCE NO. 1999-10, WHICH PROVIDES FOR MEDICARE SUPPLEMENT COVERAGE FOR RETIREES. WHEREAS, Ordinance No. 1999-10 authorized the City to provide Medicare Supplement coverage to retirees through the Texas Municipal League Group Benefits Risk Pool, which is now known as the Texas Municipal League Intergovernmental Employee Benefits Pool (TMLIEBP); and WHEREAS, the Texas Municipal League Intergovernmental Employee Benefits Pool has now stipulated that the City must utilize their health benefits coverage in orderto provide Medicare Supplement coverage; and WHEREAS, the City is no longer utilizing Texas Municipal League Intergovernmental Employee Benefits Pool for health benefits coverage as of October 1, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: The City repeals Ordinance No. 1999-10 in the following manner: A. Phase 1 - Repeal will be effective immediately as to all employees retiring afterthe datethis ordinance is adopted, so that such employees retiring after the effective date of this ordinance will not be qualified to receive the medicare supplement coverage provided to the City through TMLIEBP; and Phase 2 - As to any retired employee currently enrolled in the Medicare Supplement Coverage provided to the Citythrough TMLIEBP, the ordinance will be repealed effective January 1, 2002 (the date the coverage expires). SECTION 2: This ordinance shall be effective immediately upon its passage. PASSED, APPROVED AND ADOPTED ata regular meeting ofthe City Council of the City of Nederland on this the �) day of V t-(> 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richa�DHug�h.s6ty AttRichaAtt ne City of Nederland, Texas 215 21s CITY OF NEDERLAND RESOLUTION 2001-16 WHEREAS, Article 6701m-2 of Vernon's Civil Statutes requires that agencies using regular license plates on exempt vehicles make application to do so; and WHEREAS, this application must be accompanied by a City resolution containing certain information; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT Darrell Bush is authorized to sign the required forms forthe Nederland Police Department to obtain authorized use of unmarked police vehicles to be operated by the Police Department and displaying regular style license plates as set forth in Article 6701 m- 2 Vernon's Civil Statutes. PASSED AND APPROVED by the Cityouncil of the City of Nederland, Texas, at its regular meeting this the day of OC D&A 2001. Homer E. Nagel, Mayofz�` City of Nederland, Texas ATTEST: LaDonna Floyd, City Clbrk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, C�Attry City of Nederland, Texas 1 1 i 2I7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING October 22, 2001 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Councilmember Clayton to approve the minutes of the October 8, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. ANNOUNCEMENTS Mayor Nagel asked for a moment of silence in remembrance of Charles Schmidt, retired City of Nederland police officer. 4. PUBLIC HEARING The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:05 p.m. by Mayor Nagel for the purpose of received questions and/or comments regarding amendments to the zoning ordinance. Planning and Zoning Commission members present were: Tim Sheffield, Kenneth Mitchell, Jack Porter, and C. J. Schexnaider. Andre' Wimer, City Manager, stated that the Planning and Zoning Commission reviewed the entire Zoning Ordinance at their meeting on September 24, 2001 and at their Public Hearing on October 22, 2001. As a result of this comprehensive review the Planning and Zoning Commission has recommended amendments to the Zoning Ordinance. Boston Avenue between Twin City Highway and 17`h Street will be exempted from parking and setback requirements due to current businesses and projects in the downtown area. Additional uses are proposed in the Permitted Use Table, food stores, wrecker (vehicle storage) and tattoo parlors. Minutes continued, October 22, 2001 RECONVENE There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:13 p.m. by Mayor Nagel. ORDINANCE A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve Ordinance No. 2001-17, zoning ordinance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve Ordinance No. 2001-18, utility regulations and rates. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 7. FINANCE In accordance with the Public Funds Investment Act, Cheryl Dowden, Director of Finance, reviewed the City's investment policy. She recommended a modification to the Safekeeping and Custody, Collateral section to clarify the type of securities authorized for collateral purposes. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Resolution 2001-19, adopting the City of Nederland Investment Policy. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. PERSONNEL A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve a policy governing active duty military leave. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. f Minutes continued, October 22, 2001 9. BIDS/PURCHASES A motion was made by Councilmember Nugent and seconded by Mayor Nagel to award bids received for drainage area 4 to ALLCO, Inc., Beaumont, TX, in the amount of $550,681.57. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Clayton and seconded by Council - member Sawyer to award bids received for water and sewer lines in the west/south annexed area to ALLCO, Inc., Beaumont, TX, in the amount of $929,688.89. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. CHANGE ORDER A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to approve Change Order No. 1, water and sewer improvements in the west/south annexed area, ALLCO, Inc., in the amount of -$179,440.72. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 11. RESOLUTIONS A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve Resolution 2001-17, establishing just compensation to acquire property at 2619 Helena Avenue for the intersection improvement project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Clayton to approve Resolution 2001-18, supporting the creation of the Jefferson County Waterways and Navigation District. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. I No 2 0 Minutes continued, October 22, 2001 12. PAYMENTS A motion was made by Councilmember Clayton and seconded by Mayor Nagel to approve payment to Neches Engineers in the amount of $4,9443.93, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment to T & N Laboratories, Inc. in the amount of $492.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Councilmember Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $2,577.85, west annexation area water and wastewater improvements; $1,197.33, 1999-2000 collection system rehabilitation; $5,686.92, 2000-2001 collection system rehabilitation; and, $5,155.50, wastewater system improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. , A motion was made by Mayor Nagel and seconded by Councilmember Clayton to approve payment to J & D Construction in the amount of $42,517.25, 1999- 2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Councilmember Nugent to approve payment to ALLCO, Inc. in the amount of $378,721.87, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Clayton to approve payment to Hart Construction in the amount of $94,615.56, annexation area water and wastewater improvements, Phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 Minutes continued, October 22, 2001 13. EXECUTIVE SESSION LA motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Avenue F project should begin soon. He also reported that electric deregulation will not take effect in this area due to the lack of competition and Entergy has requested a delay from the PUC. Mr. Wimer added that he attended a Public Hearing today held by the Texas Water Development Board regarding the draft of the State Water Plan and made several comments regarding proposals included in the document. Last week Mr. Wimer and Mayor Nagel attended the Jefferson County Drainage District No. 7 Commissioners meeting and the engineers recommended drainage improvements total over $19 million. For improvements in Nederland the estimated cost is approximately $6.3 million, which would include both Main "B" and Main "C" canals. 15. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Sawyer to adjourn the meeting at 7:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Homer E. Nagel, Mayor ATTEST: ' LaDonna Floyd, City Clerk 222 Mayor bity Clerk /D -o2.2 -Or Date or r 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET , NAME TITLE PRESENT ABSENT Homer Nagel Mayor V", Robert Sawyer Council Member -Ward 1 Joe Clayton Council Member -Ward 2 Judy Radcliff Council Member - Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager ,/ LaDonna Floyd City Clerk Richard Hughes City Attorney t/ Darrell Bush Police Chief Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Mayor bity Clerk /D -o2.2 -Or Date or r 1 223 CITY OF NEDERLAND ORDINANCE NO. 2001-18 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. 2001-03. . 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 ofNederland, Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Reeulations. 1. All other ordinances and/or regulations governing City ofNederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect. SECTION 2. Water and Sewer Svstems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City ofNederland, 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 garbagettrash 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. Annlication 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. 224 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 (1) premise may be connected to any one (1) water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Taus. 1. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City s opinion, is beneficial to the City and/or does not endanger the existing water line and/or water system, the City shall provide all materials, labor and equipment to tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: 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/I'ays. 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. 1 1 Inside Outside City City 3/4" Water Tap $ 240.00 $ 360.00 1" Water Tap 300.00 450.00 1 1/2" Water Tap 800.00 1,200.00 2" Water Tap 1,200.00 1,800.00 Over 2" Water Tap 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/I'ays. 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. 1 1 22a SECTION 7. Water Meter and Garbaee Container Denosits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: Inside Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1'/2" Water Meter 200.00 200.00 13/4" Water Meter 250.00 250.00 2" and larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. ARiAication 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 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 - Outstandin¢ 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) S 6.50 $ 10.50 Each additional 1,000 gallons* 2.00 3.75 Water Line Maintenance - per 1,000 gallons (above minimum) .25 .25 *Except as required by provisions of outside City contracts The sewer cor aection fees are as follows: I4. Inside Outside City City 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 SECTION 7. Water Meter and Garbaee Container Denosits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: Inside Outside City City 3/4" and smaller Water Meter $ 100.00 $ 100.00 1" Water Meter 150.00 150.00 1'/2" Water Meter 200.00 200.00 13/4" Water Meter 250.00 250.00 2" and larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. ARiAication 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 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 - Outstandin¢ 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) S 6.50 $ 10.50 Each additional 1,000 gallons* 2.00 3.75 Water Line Maintenance - per 1,000 gallons (above minimum) .25 .25 *Except as required by provisions of outside City contracts 226 SECTION 11. Sewer Rates. The following rates shall be charged for sewer service: Inside Outside City City First 2,000 Gallons (minimum) $ 7.70 $ 13.40 Each additional 1,000 gallons* 1.40 2.45 Sewer Line Maintenance per 1,000 gallons (above minimum) .25 .25 EPA fee per 1,000 gallons (above minimum) .75 .75 *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) $ 13.05 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billing- and Penaltv. 1. All charges on utility service bills shall be due and payable to the City at the City Office days date bill is to the responsible for Building fifteen (15) after the the mailed person payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (101/6) 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 current reading plus the amount owed on the previous billing including the ten percent (105/6) 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 mailed 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 Charees. 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 ofutility 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. 22� 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 tum 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 cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. SECTION 16. Transfer Fee. 1. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the City's utility service system. The current and final balance, if any, on the account transferred plus $15.00 will be added to the customers new account. 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. Temnorary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. ' 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. 423 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 delinquent accounts. SECTION 20. Deferred Pavments. 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 ofthe 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. Hardshins. 1. 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, including base rate, maintenance fee and EPA fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted by one-third (1/3) of the excess water usage based upon an average of six (6) monthly bills during the previous six (6) 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. Turnine on Water. 1. It is unlawful for any person to tum 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. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage -a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the City. 2. Miscellaneous trash and/or debris from empty (undeveloped) property must be hauled offby 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 Cityrequest 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 ofthis 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 23. 2001 . PASSED AND APPROVED by the City Council ofthe City of Nederland, Texas at a regular meeting this the 22 d day of October, 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas <23 230 CITY OF NEDERLAND RESOLUTION NO. 2001-17 ESTABLISHMENT OF JUST COMPENSATION TO ACQUIRE PROPERTY LOCATED AT 2619 HELENA AVENUE, NEDERLAND, TEXAS. WHEREAS, the City Council is the duly constituted governing body of the City of Nederland, Texas, and WHEREAS, an appraisal (Attachment "A") of a .0652 acre tract of land out of and a part of Lot 5, Block 16, Range H, PALCO, Jefferson County, Texas, has been made in orderforthe City to obtain the tract to be used for intersection improvements of 27' Street and Helena Avenue, and WHEREAS, the appraiser, based upon available market data, has established the fair market value as $6,100.00, and WHEREAS, the City Council made an offer to Jeffrey and Jana Beeson, in the amount of $6,100.00, and WHEREAS, the City received a counter offer from Jeffrey and Jana Beeson in the amount of $20,000.00, and WHEREAS, the City Council has determined that $20,000.00 is a reasonable and acceptable sum in consideration of all applicable factors, including but not limited to the cost of condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the City Council does confirm and ratify the purchase and acquisition of a .0652 tract from the property located at 2619 Helena Avenue, Nederland, Texas, at a cost of $20,000.00. PASSED AND APPROVED this the b262 day of (0e yam, —2001. 'Homer E. Nagel, Mayor ATTEST: oc°.D�� LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AttdTney City of Nederland, Texas t 7 CITY OF NEDERLAND RESOLUTION 2001-19 A RESOLUTION BY THE CITY COUNCIL REPEALING THE EXISTING CITY INVESTMENT POLICY AND ADOPTING A REVISED CITY INVESTMENT POLICY. WHEREAS, the City of Nederland is required to adopt a written investment policy for the investment of its institutional funds in accordance with the Public Funds Investment Act, V.T.C.A. Government Code, Chapter 2256, and WHEREAS, the City of Nederland desires to modify the existing City investment policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the City's existing investment policy is repealed and a revised investment policy is hereby adopted, a copy ofwhich is attached and incorporated herein byreference. PASSED AV APPROVED by the City Council of the City of Nederland this the c� day of 12001. J ,Z -- A" �Q Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Cle k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A orney City of Nederland, Texas L 432 CITY OF NEDERLAND RESOLUTION NO. 2001-18 THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, on November 6, 2001, voters in Jefferson County will decide if they want a navigation district that represents the interest of the entire community; and WHEREAS, the economic prosperity of all of Southeast Texas will be affected by the outcome of this election; and WHEREAS, currently, people living with the Port Arthur School District are not represented on the Jefferson County Navigation District governing board; and WHEREAS, the formation of a new district, to be called the Jefferson County Waterways and Navigation District, would expand the governing board of the agency from three to five members, and include representatives from south, middle and north Jefferson County; and WHEREAS, support forthe creation ofthis new district is extremely importantto the economic well being of our community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, in recognition of economic development through unity of our vital waterway system, the City Council encourages all citizens to support the creation of the Jefferson County Waterways and Navigation District on November 6, 2001. PASSED AND APPROVED this the c%? day of (l/c' ,bl, 2001. Homer E. Nagel, Mayor ATTEST: �1 LaDonna Floyd, City Glerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City Atto ey City of Nederland, Texas is REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. CALL MEETING TO ORDER November 12, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the minutes of the October 22, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. PRESENTATION Mayor Nagel and Police Chief Darrell Bush presented a plaque to Warden Joe Smith of the Larry Gist State Jail, and Warden Kevin Estep of the LeBlanc Unit thanking them for their involvement in providing community service workers to the City. 4. RESOLUTIONS A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Sawyer to approve Resolution No. 2001-20, approving the 2001 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Resolution No. 2001-21, casting votes for Charles Lankford to serve on the Jefferson County Appraisal District Board of Directors. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. n Minutes continued, November 12, 2001 5. FINANCE Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report , and the Annual Investment Report. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve the investment reports as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CONTRACTS/AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve an agreement with Schaumburg & Polk, Inc. for surveying services in an amount not to exceed, $5,600.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve a contract with NOVUS Wood Group, L.P. for the disposal of green waste. MOTION CARRIED. I Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 7. BIDS/PROPOSALS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Clayton to award bids received for water inventory items to Hughes Supply, Lufkin, TX, in the amount of $95,870.85. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Mayor Nagel to award bids received for wastewater inventory items to Rural Pipe, Jasper, TX, in the amount of $20,190.32. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, November 12, 2001 A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to award bids received for water and wastewater chemicals as follows: DXI Industries, Inc., Houston, TX - chlorine @ $0.1 1030/Ib; Harcross Chemicals, Inc., Houston, TX - 23% hydroflousilicic @ $0.1075/lb; LaRoche Industries, Inc., League City, TX - anhydrous ammonia @ $0.2500/lb; DXI Industries, Inc., Houston, TX - 50/50 caustic blend @ $271.20/wet ton; and Chemcomm, Inc., Houston, TX - ammonia bisulfite @ $0.88/gal/1,000 gallons, $0.070/gal/2,000 gallons; and $0.64/gal/3,000 gallons. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. STREETS AND SIDEWALKS A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve the installation of a street light in the 2200 block of Avenue A (behind Sonic Drive -In). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve the installation of a street light at the intersection of South 16th Street and Avenue A. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the installation of a street light at 2009 Avenue G and 1915 Avenue G. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. ORDINANCE A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Ordinance No. 2001-19, regulating the operation of tow trucks and tow truck companies in the City of Nederland. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 236 Minutes continued, November 12, 2001 10. PAYMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to approve payments to d.p. Consulting Engineers, Inc. as follows: $3,227.10, Boston Avenue rehabilitation project; $22,841.36, Upper Main "C" drainage improvements; and, $1,967.30, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment to L. D. Construction in the amount of $19,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payment to T & N Laboratories, Inc. in the amount of $229.00, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to approve payment to Jefferson County Drainage District No. 7 in the amount of $1,812.71, storm water permitting. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $4,518.40, 2000-2001 collection system rehabilitation (Year 3); $11,009.66, Wastewater Treatment Plant improvements; $2,380.53, west annexation area water and sewer improvements; and, $861.14, 1999-2000 collection system rehabilitation (Year 2). MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment of the bills for the month of October. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 1 Minutes continued, November 12, 2001 11. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, wanted to thank all those involved in Saturday's dedication of the Veteran's Memorial at Tex Ritter Park, particularly W. T. Block, Mike Tarver, Broussard's Funeral Home, Harris Florists, Southeast Texas Veteran's Service Group, Veterans of Foreign Wars, American Legion, and Tom Horne. 13. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting at 4:03 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor �— City of Nederland, Texas Z LAND 238 NAME Homer Nagel Robert Sawyer Joe Clayton Judy Radcliff Dick Nugent Andre' Wimer LaDonna Floyd Richard Hughes Darrell Bush Mike Lovelady Cheryl Dowden Steve Hamilton Rod Hatch Victoria Klehn Kelly Galloway CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET A? Mayor City Clerk /i- )a -v, Date TITLE Mayor Council Member - Ward 1 Council Member -Ward 2 Council Member - Ward 3 Council Member - Ward 4 City Manager City Clerk City Attorney Police Chief Fire Chief Director of Finance Director of Public Works Building Official Librarian Assistant to the City Manager PRESENT I ABSENT 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 2001-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2001 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 2001 tax roll. PASSED AND APPROVED this the 1. day ofnOv{ ^z Cit t 2001. ' ATTEST: EaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A orntt ey City of Nederland, Texas C Homer E. Nagel, Mayor City of Nederland, Texas 24a /10/2001 00:39:10 500 TOTAL PARCELS: GROSS VALUE: EXEMPT PARCELS: EXEMPT VALUE: AG EXCLUSION: AG PROPERTIES: HS CAPPED CNT: HS CAPPED AMT: GROSS TAXABLE: STATE HOMESTEAD LOCAL HOMESTEAD OVER65 LOCAL OVER65 SURVIVING SPOUSE: # OF DISABLED: VET @ $5000 VET @ $7500 VET @ $10000 VET @ $12000 TOTAL VET TOTAL PART XMP: TAXABLE VALUE: FROZEN ACCTS: LEVY LOSS: TOTAL LEVY: FROZEN GROSS: FROZEN TAXABLE: UNFROZEN LEVY: FROZEN LEVY: TIF CAPTURED: TAX COLLECTION SYSTEM C E R T I F I E D R 0 L L J U R I S D I C T 1 0 N S U M M A R Y PROCESSING FOR TAX YEAR: 2001 TAX OFFICE: JEFFERSON COUNTY TAX OFFICE JURISDICTION: 31 CITY OF NEDERLAND 8,416 TAX RATE:00.650000 599,723,660 STATE HOM: 0 OPT HOM: 0.00000 172 STATE 065: 0 OPT 065: 15,000 28,803,300 DISABLED: 15,000 0 0 43 191,410 570,728,950 4,898 HOMESTEAD AMT: 0 4,898 HOMESTEAD AMT: 0 1,578 OVER 65 AMT: 0 1,578 OVER 65 AMT: 23,387,030 21 AMOUNT: 315,000 112 DISABLED AMT: 1,622,040 41 VETERAN AMT: 205,000 7 VETERAN AMT: 52,500 4 VETERAN AMT: 40,000 49 VETERAN AMT: 573,790 101 VETERAN AMT: 871,290 26,195,360 544,533,590 0 0.00 3,539,487.90 0 0 0.00 0.00 0 PAGE: 11 1 1 7 r, CITY OF NEDERLAND RESOLUTION NO. 2001-21 WHEREAS, Senate Bill No. 621, Acts of the 66" 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 Jefferson County Appraisal District before November28, 2001. 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 Eugene Landry Charles Lankford 59 Fred Mitchell C. L. Sherman SO RESOLVED, this the 1a day of 2001. ATTEST: �LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attor� City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 4, '4: 1 CITY OF NEDERLAND ORDINANCE NO. 2001-19 AN ORDINANCE REGULATING THE OPERATION OF TOW TRUCKS AND TOW TRUCK COMPANIES IN THE CITY OF NEDERLAND, TEXAS; DEFINING CERTAIN WORDS AND PHRASES; PROVIDING FOR ISSUANCE OF PERMITS FOR OPERATION OF TOW TRUCKS AND TOW TRUCK COMPANIES CONDUCTING NONCONSENT TOWS; PROVIDING PERMIT FEES; PROVIDING MAXIMUM CHARGES FOR NONCONSENT ROTATION TOW TRUCK SERVICE; PROVIDING MINIMUM EQUIPMENT REQUIREMENTS FOR EACH TOW TRUCK; PROHIBITING THE OPERATION OF TOW TRUCK WITHOUT A PERMIT; PROHIBITING FOLLOWING AN AMBULANCE OR POLICE CAR TRAVELING TO SCENE OF COLLISION; PROHIBITING DRIVING OF TOW TRUCK TO THE SCENE OF ACCIDENT OR COLLISION WITHOUT BEING CALLED; PROHIBITING THE SOLICITATION OF TOW TRUCK BUSINESS; PROVIDING METHOD OF CALLING FOR TOW TRUCK SERVICES; PROVIDING FOR REVOCATION OR SUSPENSION OF PERMITS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING FOR INJUNCTION; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. DEFINITIONS The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambulance means any vehicle of the modular or van type which is used, designed, or redesigned for the purpose of transporting the dead, sick, or injured, including any non- governmental emergency medical service vehicle. Chief of Police means the Chief of Police of the City of Nederland and any employee(s) of the police department assigned by him to perform the duties and/or actions prescribed in this Ordinance. Citymeans the City of Nederland, a political subdivision of the State of Texas, and all of the area within its corporate limits. Consent tow means the situation where the owner or operator of a vehicle is able to and has specified a tow truck company to remove his or her vehicle, excluding the situation where the owner or operator is arrested for an alleged offense and the officer is required by law to take the person into custody. Motor vehicle means every vehicle which is self-propelled. Nonconsent List means a rotation list maintained by the Chief of Police of towing companies that are permitted by the City of Nederland for nonconsent tows. Nonconsent tow means any tow conducted without permission of or not at the direction of the towed vehicle's owner or operator, or where the owner or operator expresses no preference as to tow truck service or for any reason cannot be questioned as to a preference. Nonconsensual towing situations include those where the owner of the vehicle is unable to consent to its being towed, such as a case of severe accident, where the vehicle is towed from City streets as a result of police order as permitted by law, or where the owner 1 or operator is arrested for an alleged offense and the officer is required by law to take the person into custody, or where the vehicle is, in the opinion of the officer, a hazard or because of catastrophe, emergency or unusual circumstance requiring immediate removal. Officer means a peace officer employed by the City of Nederland Police Department. Operator means the person who is in actual physical control of a vehicle. Owner means any person who holds the legal title of a motor vehicle or who has the legal right of possession thereof. Person means an individual, proprietorship, partnership, corporation, association or other legal entity. Street means any street, alley, public place, square or highway within the City. Tow truck means any motor vehicle, including a wrecker, used for the purpose of towing or removing disabled, wrecked or abandoned vehicles. Tow truck business means the business of operating a tow truck for purposes of towing or removing disabled, wrecked or abandoned vehicles on the public streets, regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade or purchase such disabled or wrecked vehicles. Tow truck company means any person engaged in the tow truck business and includes the owner, employee, or agent of a tow truck company. Vehicle means every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices moved only by human power or used exclusively upon stationary rail or tracks, and shall include trailers and semitrailers. Vehicle storage facility means a garage, parking lot, or other type of facility owned by a person other than a governmental entity for storing or parking ten or more vehicles a year, which meets state and federal regulations. SECTION 2. NOTICE TO POLICE DEPARTMENT OF TOW TRUCK RESPONSE REQUIRED (a) It is unlawful for any person to conduct tow truck business in the City without first notifying the Nederland Police Department Central Dispatch before making the response and providing the address to which the response is being made. (b) It is unlawful for any person conducting tow truck business in the City at an accident requiring police investigation to proceed within 150 feet of the accident scene without first obtaining permission from the officer investigating the accident, whether the tow truck has been called by an individual or officer. SECTION 3. SELECTION OF TOW TRUCK COMPANY (a) Nonconsent Tow. In a nonconsent tow situation, the officer at the scene will call Central Dispatch and request that the next towtruck company on the nonconsent list be called to move the vehicle to a location authorized by Section 6, as designated by the officer. (b) Consent Tow. In a consent tow situation, the owner or operator may request a tow truck company whether or not listed on the City nonconsent list. A tow truck company requested by the owner or operator will be allowed to pick up the vehicle in the City from public or private areas, provided the officer in charge feels this can be done promptly and without unreasonable interference with traffic or public safety. 243 1 (c) Officer's Discretion. Notwithstanding any situation allowing a consent tow, an officer may direct a nonconsent tow if, in the opinion of the officer, a hazard, catastrophe, emergency, or unusual circumstance requires an immediate removal or it is otherwise necessary to control the scene of an accident or arrest. SECTION 4. UNLAWFUL TO FOLLOW VEHICLES IN RESPONSE TO ACCIDENT It is unlawful for any person in a tow truck or in the tow truck business to follow any ambulance or police vehicle which is traveling on a street in the City in response to a report of an automobile collision or accident. SECTION 5. UNLAWFUL TO SOLICIT BUSINESS It is unlawful for any person to solicit in any manner, directly or indirectly, tow truck business relating to any vehicle which, at the time of such solicitation, is wrecked, disabled or abandoned on a public street in the City. In all prosecutions under this section, proof of the presence of any person engaged in the tow truck business or any tow truck company or motor vehicle owned or operated by any person engaged in the tow truck business, on any street in the City at or near the scene of a wreck, accident or collision within one hour after the happening of a wreck, accident, or collision, without being called to such scene by an officer, shall be prima facie evidence of a solicitation in violation of this section. SECTION 6. IMPOUNDMENTISTORAGE OF TOWED VEHICLE , (a) An officer, in the exercise of his duty and discretion, may direct any tow truck company, whether performing a consent tow or a nonconsent tow, to take the towed vehicle directly to the City pound or a licensed vehicle storage facility in the City and there held by the City for inspection or investigation to determine the cause or reason for the accident such vehicle was involved in or such vehicle's disability or for any lawful purpose. (b) No person, operating a tow truck who performs a nonconsent tow, may tow any vehicle to any location other than: (1) A vehicle storage facility located in the City of Nederland, Texas, which holds a current license to operate a vehicle storage facility issued by the Texas Department of Transportation; (2) A specific location in the City of Nederland, Texas, designated by an officer at the scene; or (3) A location requested by the owner or operator and approved by the officer at the scene. SECTION T STATE OPERATORS LICENSE AND REGISTRATION REQUIRED No person may operate a tow truck on a street in the City unless the operator holds a valid operator's license of the proper class. SECTION 8. NONCONSENT ROTATION SYSTEM (a) There shall be established and maintained by the Chief of Policea nonconsent , list for tow truck companies that desire to be placed on the nonconsent list, provided, however, only a tow truck company that has met the requirements of this Ordinance will be placed on the list. The Nederland Police Department Central Dispatch shall use this nonconsent list in such cases that a nonconsent tow has been requested as provided herein. <45 (b) The name of the tow truck company will be added to the list in the order that the permits are approved. The nonconsent list shall be utilized by using names on the list on a rotation basis, with the towtruck company at the top of the list called first, then the next in descending order. After the tow truck company has been contacted, it will go to the bottom of the list. (c) When police call a tow truck company to requesta nonconsent tow, but police are unable to contact the tow truck company, or if the company refuses to respond to the request, the tow truck company's name will go to the bottom of the nonconsent list. (d) When a tow truck company is called for a consent or nonconsent tow and fails to arrive at the scene within 20 minutes (or within a shorter or longer time period if specifically stated by the officer to Central Dispatch at the time the nonconsent tow is requested), the officer who instigated the call may call the next nonconsent tow truck company. Once the second tow truck company is called, the first tow truck company will be forbidden to tow the vehicle and the tow truck company's name will go to the bottom of the nonconsent list. (e) A tow truck company called to perform a nonconsenttow shall be required to perform such service in its own tow truck company vehicle. (f) The nonconsent rotation system has been established as a means of securing immediate tow truck service in cases of emergency relating to accidents on the public streets, abandoned vehicles on the streets, and other circumstances of public necessity arising out of law enforcement. The nonconsent rotation system, therefore, is subject to the governance of the police department as may be necessary to provide for public safety. (g) Neither the police department, fire department, nor the City or any of its agents, employees, or officials shall be responsible for any charges made by a tow truck company responding to a nonconsent call. SECTION 9. MAXIMUM FEES ESTABLISHED FOR NONCONSENT ROTATION TOW TRUCK SERVICE (a) Fees charged by tow truck companies for nonconsent rotation tows or related tow truck service shall not exceed the following: (1) To remove any vehicle from any public or private property to any storage area or destination within the City by a standard tow truck, a basic fee may be charged not to exceed the following: a. Daytime (6:00 a.m. to 6:00 p.m.) .........................................$ 65.00 b. Nighttime (6:00 p.m. to 6:00 a.m.)......................................$ 75.00 C. Disconnect driveshaft .........................................................$ 20.00 d. Damage requiring use of dolly or flatbed tow truck ........ $ 25.00 e. Winch out: 1. Basic..........................................................................$ 25.00 2. Difficult......................................................................$ 25.00 f. Water Recovery (completely submerged) ........................$ 125.00 g. Extra tow truck, if required .................................................$ 35.00 (2) A fee for storage of a vehicle shall not exceed the following and shall not be charged during the first 24 hours such vehicle is in storage faci I ity: a. Inside building, per day .......................................................$ 15.00 b. Covered storage, per day ....................................................$ 10.00 C. Storage in fenced yard, per day .........................................$ 8.00 _ 41J 1 (b) Fees established in this section with respect to nonconsent tow truck calls are inclusive. Additional fees for initial services are prohibited. This restriction does not apply to additional fees charged for subsequent services later requested by the vehicle owner or his authorized representative. SECTION 10. TOW TRUCK COMPANY PERMIT REQUIRED FOR NONCONSENT TOWS (a) Every person engaging in a tow truck business who desires to be placed on the police department nonconsent list shall first obtain a permit issued by the City to engage in such business, as set forth herein. It is unlawful for any person to operate a tow truck or engage in the tow truck business that performs nonconsent tows in the City without first obtaining a permit required by this Ordinance. (b) The City shall not require a permit for a tow truck company operating a tow truck performing consent tows in the City, unless it is on the nonconsent list. SECTION 11. APPLICATION FOR TOW TRUCK COMPANY PERMIT (a) The Chief of Police shall develop necessary application and permit forms to enact these provisions. Any person in the tow truck business desiring to conduct a nonconsent tow in the City shall make application with the police department for the issuance of a tow truck company permit. Such application shall be submitted on the forms furnished by the police department and the application must include: ' (1) The name of the owner and the principal business address of the tow truck company; (2) The name and address of the legal agent for service or process on the tow truck company in this State, if different; (3) A description of each tow truck the tow truck company proposes to operate, including the motor vehicle identification number, make, and unit number; (4) A declaration that the applicant has knowledge of all rules and laws relating to tow truck regulations, including the provisions of this Ordinance; and (5) Any other information the Chief of Police determines is necessary for the safe operation of a tow truck carrier under this Ordinance. (b) A tow truck company permit shall not be approved by the Chief of Police unless the applicant meets all the required provisions of this Ordinance, including but not limited to: (1) All Information on the submitted application is completed and is true and accurate and all required supplemental documents or information has been furnished. (2) The tow truck company operates a vehicle storage facility in the City of Nederland, Texas, which is, at all times, licensed pursuant to the Texas Vehicle Storage Act, as it may be amended, and which is in compliance with all provisions of the Texas Vehicle Storage Facility Act and any provisions of the Texas Administrative Code relevant to operation of a vehicle storage facility. (3) The physical facility to be operated by the tow truck company meets the following requirements: (a) The facility is in compliance with all zoning requirements of the City of Nederland; (b) The physical facility to be operated by the tow truck company is not a part of any other business which performs towing services and is not located at the same physical location as any other tow truck company; (c) The physical location of the towtruck company has an office in the City of not less than 200 sq. ft; (d) The storage facility must have a separate weatherproof building capable of being locked to secure any vehicle; (e) The tow truck company has a telephone number that is different from any other tow truck company; and (f) The tow truck company has a sign on the business premises identifying the tow truck company by the name as it appears on the license application, street address, telephone number, hours of business, and any vehicle storage facility license number issued for that location. Said sign shall be of a size that may be read from a distance of not less than 150 ft. (4) The application must be filed with the City Clerk and accompanied by the permit fees as set forth in this Ordinance. SECTION 12. FEE FOR PERMIT At the time the application for a tow truck company permit to be issued under this Ordinance is filed with the City Clerk, the applicant therefor shall pay to the City Clerk a permit fee of $25.00 annually or for any part of a year thereof and also for additional inspection fees as outlined in this section. Should the permit be denied or refused, the applicant will be charged $3.00 as an inspection fee for tow truck proposed to be operated, and such inspection fee shall not be returned. If the permit is granted, there will be no additional charge for one such tow truck inspection fee, and the fee shall be included in the permit fee of $25.00. Should the applicant desire to operate more than one tow truck, the inspection fee of $3.00 shall be charged for each additional tow truck, and such fees must be paid on application for the permit. The City shall notify an applicant for a tow truck company permit that an application is incomplete and inform the applicant of the information required for completion. It the applicant fails to provide the information before the 4V day after the date the City provides the notice, the application is considered withdrawn, and the City shall retain each fee submitted with the application. SECTION 13. LIABILITY INSURANCE REQUIRED (a) No tow truck company permit shall be issued unless the applicant shall procure and keep in full force and effect a policy of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the State Board of Insurance Commissioners, with the insured provisions of such policy including the City as an insured, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a tow truck of such company and providing that the amount of recovery on each tow truck shall be in an amount set by the Texas Department of Transportation for each vehicle requiring registration the tow truck company operates as set forth in V.T.C.A. Transportation Code §643.101, as now existing or hereafter amended. (b) The certified insurance form shall be kept on file with the permit application, and it must warrant to the City that the insurance will not be canceled without 30 days' prior notice, in writing, to the City. SECTION 14. ISSUANCE OF TOW TRUCK PERMIT (a) After the application for the permit required under Section 10 has been approved by the Chief of Police or his designees, the City Clerk shall issue a permit to applicants complying with this Ordinance. (b) All permits issued shall be personal to the permit holderand may not be sold, leased, or otherwise transferred to any other party. If a business or transfer holder sells, leases or conveys ownership or control of its tow truck business, the new owner shall not operate such tow truck business without obtaining all necessary permits. SECTION 15. VEHICLE INSPECTION PERMIT In addition to the tow truck company permit required by this Ordinance, no person shall operate a tow truck on the streets of the City unless an inspection permit for such tow truck vehicle has been issued for such vehicle by the Chief of Police of his designees. SECTION 16. MINIMUM REQUIREMENTS FOR INSPECTION PERMIT No City vehicle inspection permit shall be issued for any tow truck proposed to be used by the applicant, unless the applicant holds a valid tow truck company permit issued in accordance with this Ordinance and the tow truck complies with the following minimum requirements: (1) The tow truck shall have a current license tag and state inspection sticker; (2) The tow truck shall be not less than three-quarter ton in size and must be equipped with booster brakes; (3) The tow truck shall be equipped with a power or hand operated winch, winch - line, and boom, with a factory rated lifting capacity or a City tested capacity of not less than 5,000 pounds, single line capacity; (4) The tow truck shall carry as standard equipment tow bars, safety chains, wrecking bars, brooms, an axe, and a fire extinguisher meeting fire underwriters' requirements and equipped with dolly wheels and axles and approved by the Chief of Police; (5) The tow truck must have the company name, as it appears on the permit, affixed or painted on each side of the tow truck. These letters must be at least three Inches in height and a color that contrasts the mass of the background; and (6) The tow truck is in full compliance with applicable state law and regulations. 1 1 7 0449 SECTION 17. SUSPENSION/REVOCATION OF TOW TRUCK COMPANY PERMITS (a) The Chief of Police may suspend or revoke a permit issued under this Ordinance or place on probation a tow truck company whose permit is suspended if the permit holder: (1) Fails to maintain insurance as required by this Ordinance; (2) Fails to obtain a vehicle inspection permit as required by this Ordinance; (3) Violates a rule or requirement adopted under this Ordinance or any state or federal law regulating the tow truck business; or (4) Knowingly provides false information on any form or documents filed with the City under this Ordinance. (b) The Chief of Police may suspend or revoke a permit issued under this Ordinance or place on probation a permit holder whose permit is suspended without a hearing if: (1) The Chief of Police provides notice to the permit holder of the proposed suspension or revocation and the right of the permit holder to request a hearing; and (2) The permit holder fails to provide the Chief of Police with a written request for a hearing before the 11`" day after the date the permit holder receives the notice prescribed in Subdivision (1). SECTION 18. EXPIRATION OF PERMITS Every permit issued under this Ordinance shall expire at midnight on December 31 of the calendar year in which the permit was issued, unless sooner revoked or suspended as provided herein. SECTION 19. ADHERENCE TO FEDERAL AND STATE LAWS This Ordinance shall be cumulative of all laws of the state and the United States governing the subject matter of this Ordinance. SECTION 20. CRIMINAL PENALTY (a) A person commits an offense if the person: (1) Violates a rule or requirement adopted under this Ordinance; (2) Does not obtain a permit required under this Ordinance; (3) Does any act or thing prohibited or declared to be unlawful by this Ordinance; or (4) Fails to do any act which is required by this Ordinance. (b) An offense under this section shall be punished as provided in Nederland City Code, General Provisions, Sec. 1-4; provided, however, said fine shall not exceed the maximum fine allowed by State law. (c) Each day a violation continues under Subsection (a) is a separate offense. 8 SECTION 21. INJUNCTION A person who operates or causes to be operated a tow truck business in violation of any section of this Ordinance is subject to a suit for injunction as well as a prosecution for criminal violations. SECTION 22. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not effect the remaining portions of this Ordinance, and to such end, the various portions and provisions of this Ordinance are declared to be severable. SECTION 23. NONCONFORMING USES Any use of property existing at the time of the passage of this Ordinance, which does not conform to the regulations herein enumerated, shall be deemed to be a nonconforming use and may be continued and maintained for the purpose heretofore used but such property shall not be structurally altered or enlarged, and such nonconforming use shall not be changed to any other nonconforming use. The privilege of continuing nonconforming uses of property, existing at the time of the passage of this Ordinance shall be granted only to the person actively engaged in the nonconforming use of the passage of this Ordinance. The privilege of reestablishing a nonconforming use of property is denied to any person. SECTION 24. REPEAL All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of the conflict only. SECTION 25. EFFECTIVE DATE AND PUBLICATION This being an Ordinance which carries a penalty for violation thereof, it shall become effective after the caption has been published in the official newspaper of the City on two separate occasions. This Ordinance supercedes Nederland Ordinance No. 335. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, this the _J%_ day of J1 01 xr,(-g' 2001. 4R5 � City of Nederland ATTEST: LADONNA FLOYD, City Clerk City of Nederland, Texas VED AS TO F ORM ND LEGALITY: RICHARD D. HUGHES, City Attorney City of Nederland, Texas 7 REGULAR MEETING OF THE CITY COUNCIL OF THE L, CITY OF NEDERLAND 6:00 p.m. MEETING CALLED TO ORDER November 26, 2001 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve the minutes of the November 12, 2001, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. 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 rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 611 South 13th Street; 1501 South 13" Street; 1412 Avenue A; 8519 Holmes Road; and, 305 Hill Terrace. Rod Hatch, Building Official, gave a brief report on each structure. He stated that all five structures would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001-07. A neighbor of 611 South 13th Street asked the Council to consider adding the property next door to this address on the list to be demolished or repaired. Mr. Hatch stated that this property is on the list for consideration at a later date. Freddy Domingue, owner of the property at 1501 South 13th Street, stated that he is having the structure demolished. Denny Armstrong, executor of 1412 Avenue A, stated that the structure will be demolished after Christmas. Minutes continued, November 26, 2001 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. 4. PROPERTY A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to set a 30 -day time period for Mrs. J. P . Clark to comply with the demolition and removal of the structure located at 611 South 13th Street, and in the event that the structure is not removed within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to set a 60 -day time period for Freddy Domingue to comply with the demolition and removal of the structure located at 1501 South 13th Street, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. , Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to set a 60 day time period for Denny Armstrong to comply with the demolition and removal of the structure located at 1412 Avenue A, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to set a 30 -day time period for Winifred Parker to comply with the demolition and removal of the structure located at 8519 Holmes Road, and in the event that the structure is not removed within the 30 days the City will proceed with the removal and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. I t 253 Minutes continued, November 26, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to set a 60 -day time period for Micky Sterling to comply with the demolition and removal of the structure located at 305 Hill Terrace, and in the event that the structure is not removed within the 60 days the City will proceed with the demolition and removal and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 5. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:19 p.m. by Mayor Nagel for the purpose of receiving questions and/or comments regarding the City's curfew ordinance. Andre' Wimer, City Manager, explained that in accordance with Local Government Code, Sec. 370.002, a Public Hearing must be held every three years to review a City's curfew ordinance. Chief Darrell Bush stated that since 1994 there have been 271 violations and feels the ordinance has been effective. He recommends that no changes be made at this time. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:21 p.m. by Mayor Nagel. 6. ORDINANCES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to continue the City's curfew ordinance. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve Ordinance No. 2001-20, adopting an amended Drought Contingency Plan. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 254 Minutes continued, November 26, 2001 A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve Ordinance No. 2001-21, governing dangerous wild animals. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. RESOLUTION A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve Resolution 2001-22, authorizing the submission of various street projects for the FY 2003 JOHRTS Metropolitan Transportation Plan and committing the City's cost share for the projects. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. BIDS/PROPOSALS A motion was made by Mayor Pro Tem Clayton and seconded by Council - member Sawyer to authorize the advertisement of bids for the Year 3 Sanitary Sewer Evaluation Survey project to be received January 8, 2002, at 3:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Nugent to authorize the advertisement of bids for drainage area 5 to be received January 8, 2002, at 2:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Councilmember Sawyer to approve a contract with Schaumburg & Polk, Inc. for the Year 4 Sanitary Sewer Evaluation Survey project engineering in an amount not to exceed $73,900.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, November 26, 2001 10. PROPERTY A motion was made by Councilmember Sawyer and seconded by Council - member Nugent to declare the Nederland Police Department's 1988 AmeriCruiser motor home as surplus property and authorize its disposal. MOTION CARRIED. 11. PAYMENTS A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tem Clayton to approve payment to Neches Engineers in the amount of $7,067.71, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to approve payment to J & D Construction in the amount of $42,054.07, 1999- 2000 wastewater collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ' A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve payment to ALLCO, Inc. in the amount of $710,308.30, Wastewater Treatment Plant improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to approve payment to Excavators & Constructors, Inc. in the amount of $1,056.03, drainage improvements, Area 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 12. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. r Minutes continued, November 26, 2001 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that NOVUS began chipping at the green waste site today. 14. ADJOURN There being no further business a motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to adjourn the meeting at 7:00 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: C -,41t ,C4 LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 t CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 Joe Clayton Council Member - Ward 2 Judy Radcliff Council Member -Ward 3 Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney t/ Darrell Bush Police Chief ✓ Mike Lovelady Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian I �/ Kellv Galloway Assistant to the City Manager I ✓ Mayor XCaVi� acXAc�c♦' City Clerk ll -de, o+ Date 253 CITY OF NEDERLAND , ORDINANCE NO. 2001-20 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ADOPTING AN AMENDED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Nederland, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of ' Nederland, Texas, the Nederland City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. That the City of Nederland, Texas Drought Contingency Plan attached hereto as Exhibit A and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the City. SECTION 2. That the City of Nederland, Texas Drought Contingency Plan attached hereto as ExhibitA replaces the Drought Contingency Plan previously submitted to the Texas Natural Resource Conservation Commission on October 7, 1999. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. , Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the o7(e day of w/ e 2001. ATTEST: LaDonna Floyd, City Clsk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Alftorney City of Nederland, Texas 1 ` Homer E. Nagel, Mayor �� City of Nederland, Texas GS9 1260 CITY OF NEDERLAND ORDINANCE NO. 2001-21 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ESTABLISHING REGULATIONS PERTAINING TO DANGEROUS WILD ANIMALS; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, H.B. No. 1362 was approved during the 77' Session ofthe Legislature of the State of Texas; and WHEREAS, this legislation amended Chapter 822, Health and Safety Code, by adding Subchapter E; and WHEREAS, this legislation requires that municipalities adopt regulations governing dangerous wild animals; and WHEREAS, the Nederland City Council deems it necessary to establish rules and policies governing dangerous wild animals. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. Definition ' The Cityof Nederland adopts the definitions established byChapter822, Health and Safety Code, Subchapter E, Section 822.101. SECTION 2. Applicability of Ordinance The Cityof Nederland adopts the provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.102. SECTION 3. Certificate of Registration and Fees A. The City of Nederland adopts the provisions established by Chapter 822, Health and Safety Code, Subchapter E, Section 822.103. B. The City of Nederland shall charge a fee of $50.00 for each animal registered by an applicant, however, such fees shall not exceed $500.00 for each applicant registering animals, regardless of the number of animals owned by the applicant. SECTION 4. Certificate of Registration Application The City of Nederland adopts the provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.104. SECTION 5. Denial or Revocation of Certificate of Registration; Appeal The Cityof Nederland adopts the provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.105. a f ft SECTION 6. Display of Certificate of Registration The City of Nederland adopts the provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.106. SECTION 7. Liability Insurance The City of Nederland adopts the provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.107. SECTION B. Inspection The City of Nederland adopts the provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.108. SECTION 9. Relocation or Disposition of Animal The City of Nederland adopts the provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.109. SECTION 10. Attack by Animal; Escape of Animal; Liability The Cityof Nederland adoptsthe provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.110. SECTION 11. Powers and Duties of the Texas Board of Health; Caging Requirements and Standards The Cityof Nederland adoptsthe provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.111. SECTION 12. Care, Treatment, and Transportation of Animal The Cityof Nederland adopts the provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.112. SECTION 13. Offense and Penalty The City of Nederland adoptsthe provisions established by Chapter822, Health and Safety Code, Subchapter E, Section 822.113. SECTION 14. Civil Penalty The Cityof Nederlandadoptsthe provisions established byChapter822, Health and Safety Code, Subchapter E, Section 822.114. SECTION 15. Incorporation of Legislation The City of Nederland incorporates H.B. No. 1362 as Exhibit A. SECTION 16. Severability Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 17. Effective Date This ordinance shall take effect immediately from and after its passage and the publication of the caption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the day of 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �� Richard D. Hughes, City orney City of Nederland, Texas A • 1 1 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 2001-22 A RESOLUTION BY THE CITY OF NEDERLAND AUTHORIZING THE SUBMISSION OF VARIOUS STREET PROJECTS FOR THE FY 2003 JOHRTS METROPOLITAN TRANSPORTATION PLAN -2025 UPDATE AND STATING THAT THE CITY'S COST SHARE FOR SELECTED PROJECTS WILL BE AVAILABLE AT SUCH TIME THAT AN APPROVED PROJECT IS SCHEDULED FOR CONSTRUCTION. WHEREAS, the Southeast Texas Regional Planning Commission's JOHRTS Transportation Planning Committee has issued project call for submission of potential street projects in the FY 2003 JOHRTS Metropolitan Transportation Plan -2025 Update; and WHEREAS, such proposed street projects must be received by the Southeast Texas Regional Planning Commission by December 7, 2001; and WHEREAS, the City must indicate the necessary matching funds will be available at the time of construction should a submitted project be selected for inclusion in the FY 2003 JOHRTS Metropolitan Transportation Plan -2025 Update. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City submits the following street projects for consideration by the JOH RTS Planning Committee: 27" Street, Helena Avenue to Canal Avenue Avenue H, Twin City Highway to East City Limits 21" Street, Nederland Avenue to Avenue H 18" Street, Canal Avenue to Spurlock Road South 29" Street, Avenue H to FM 365 Hillterrace Avenue, Hardy Avenue to FM 365 Hardy Avenue, Avenue A to Avenue H Canal Avenue, Twin City Highway to Highway 69 THAT the necessary matching funds will be available atthe time of construction for any of the aforelisted projects should they be selected for inclusion in the FY 2003 JOHRTS Metropolitan Transportation Plan -2025 Update. PASSED AND APPROVED this the -2Ce day of 2001. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor 263 264 ft , L] 1 1 65 REGULAR MEETING OF THE CITY COUNCIL OF THE LCITY OF NEDERLAND 3:00 p.m. MEETING December 10, 2001 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. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve the minutes of the November 26, 2001, meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. ORDINANCES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve Ordinance No. 2001-22, adopting the 2000 Edition of the International Residential Code. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to approve Ordinance No. 2001-23, adopting the 2000 Edition of the International Energy Conservation Code. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. RESOLUTION A motion was made by Councilmember Nugent and seconded by Mayor Pro Tem Clayton to approve Resolution 2001-23, supporting and endorsing the application of the Jefferson County Sheriff's Department to apply for grant funds from the Texas Narcotics Control Program. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, December 10, 2001 5. CONTRACTS/AGREEMENTS A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve renewal of a lease between the City of Nederland and the Mid County Radio Control Club for land use at the old landfill site for the period January 1, 2002 through December 31, 2002. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. WATER TREATMENT PLANT A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve the purchase of software and related services from BL Technologies, Inc., Houston, TX, in the amount of $20,800.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. CHANGE ORDER A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Clayton to approve Change Order No. 1, Area 2 drainage improvements, in the amount of + $19,500.00. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 8. PAYMENTS A motion was made by Mayor Nagel and seconded by Councilmember Nugent to approve payments to dp Consulting Engineers as follows: $1,974.00, Boston Avenue rehabilitation project; $34,884.10, Upper Main "C" drainage improvements; and, $5,684.75, Boston Avenue landscaping project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Sawyer to approve payment to L.D. Construction in the amount of $21,000.00, drainage improvements, Area 2. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. Minutes continued, December 10, 2001 A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to approve payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 9. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 10. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Christmas Parade will be Tuesday, December 11`h at 6:00 p.m. He added that the City received correspondence from TxDOT authorizing construction on the Hwy. 69 drainage crossing. L, 11. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 3:50 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas N• Mayor CA n acs City Clerk ia•io-vr Date 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME I TITLE PRESENT I ABSENT Homer Nagel Mayor Robert Sawyer Council Member - Ward 1 ✓ Joe Clayton Council Member -Ward 2 ✓ Judy Radcliff Council Member -Ward 3 Dick Nugent Council Member - Ward 4 ✓ Andre' Wimer City Manager LaDonna Floyd I City Clerk I ✓ Richard Hughes I City Attorney I ,/ Darrell Bush I Police Chief I ,/ Mike Lovelady I Fire Chief Cheryl Dowden I Director of Finance Steve Hamilton I Director of Public Works I ✓ Rod Hatch I Building Official Victoria Klehn I Librarian , ✓ Kelly Galloway Assistant to the City Manager Mayor CA n acs City Clerk ia•io-vr Date 1 it CITY OF NEDERLAND RESOLUTION NO. 2001-23 WHEREAS, the Sheriff of Jefferson County has prepared a grant application to the Texas Narcotics Control Program for continuation ofthe 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 Beaumont, Port Arthur, Nederland, Groves, and Port Neches, and the Sheriffs Department in Hardin County; 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, by the City of Nederland, 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 ofthe City ofNederland, Texas, in a regular meeting duly convened and acting in its capacity as the governing body of the City of Nederland, Texas, supports and endorses the application ofthe 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 in an amount not to exceed $16,100.00. PASSED AND APPROVED this the to day of40.c1r,1xA, 2001. ATTEST: LaDonna Floyd, City ClerkL� City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: j5 Richard D. Hughes, City Attome City of Nederland, Texas 0 Homer E. Nagel, Mayor City of Nederland, Texas 169 270 CITY OF NEDERLAND , ORDINANCE NO. 2001-22 AN ORDINANCE OF THE CITY OF NEDERLAND ADOPTING AND REVISING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, S.B. 365 was adopted and approved by the State of Texas during the 2001 legislative session; and WHEREAS, S.B. 365 requires the adoption and enforcement ofthe International Residential Code, 2000 Edition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That certain documents which are on file in the office of the Chief Building Official of the City of Nederland, being marked and designated as International Residential Code as published by the International Code Council and is hereby adopted as the code of the City of Nederland for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance ofone- and two- family dwellings and townhouses not more than three stories in height in the City ofNederland, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, 2000 edition, published by the International Code Council on file in the office of the Chief Building Official of the City of Nederland are hereby referred to, adopted and made apart hereof as if fully set out in this ordinance. Section 2. The following sections are hereby revised: Section R105.2 Work exempt from permit. Delete exemption for permit requirement on detached accessory structures less than 200 square feet and on fences not over six feet high. Section R301.2.1.1 Design criteria. The language in this section is deleted in its entirety and the following language is added: "Design criteria. Construction in regions where the basic wind speeds from Figure R301.2(4) equal or exceed 110 miles per hour (177.1 kmh shall be designed in accordance with the Southern Building Code Congress International Standard for Hurricane Resistant Residential Construction SSTD 10-97. Cold -formed steel construction shall be designed in accordance with provisions of this code." Section R403.1.3.2 Slabs -on -ground with turned -down footings. The language in this section is deleted in its entirety and the following language is added: "Slabs -on -ground with monolithically poured footings shall have am;nimum offour No. 5 bars, two within two to three inches of the bottom of the footing and two in the top of the footing six inches below the surface of the slab." '4 71 Section M1501.1 General. Is amended by adding the following sentence: "Exhaust ducts shall be constructed ofminimum 0.016 -inch -thick rigid metal ducts, or schedule 40 PVC when used in concrete slabs and not exceeding 25 feet, having smooth interior surfaces with joints running in the direction of air flow." Section P2903.8.7 Hose bibb bleed. Is deleted in its entirety. Section P2904.5.1 Under concrete slab. The language in this section is deleted in its entirety and the following language is added: "Inaccessible water distribution piping under concrete slabs shall be copper water tube minimum Type' L'." Section P3002.1 Piping within buildings. The language in this section is deleted in its entirety and the following language is added: "1. Drain waste and vent piping in buildings shall be schedule 40 PVC DViVV pipe and fittings, cast iron, or copper pipe and fittings. 2. The horizontal drain line for all food waste grinders and/or disposals shall be a minimum of three inches." Section P3002.2 Building sewer. The language in this section is deleted in its entirety and the following language is added: 'Building sewer piping shall be a minimum of four inches and conform to P3002.1. Six inches and larger sewer may be SDR 26 or better." Section P3102.1 Main vent required. The language in this section is deleted in its entirety and the following language is added: "Every building shall have a minimum of one, three inch main vent that is either a vent stack or stack vent. Such vent shall run undiminished in size and as directly as possible from the building drain through to the open air at least six inches above the roof." Section P3114.3 Where permitted. The language in this section is deleted in its entirety and the following language is added: "Air admittance valves are allowed only with specific approval from the Building Official and only in areas where taking a vent to the outside would be either impossible or impractical." Section 3. That all ordinances or part of ordinances in conflict herewith are hereby repeated. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED this the 10 day of December, 2001. Homer E.Nagel, Mayor City of Nederland, Texas Section R403.1.4 Minimum depth. The language in this section is deleted in its entirety and the following language is added: "All exterior footings shall extend six inches into undisturbed soil and have an overall depth of at least 20 inches for a single story residence and an overall depth of at least 24 inches for a two story residence. The width of the footing shall beat least 12 inches and 16 inches respectively." Section M1501.1 General. Is amended by adding the following sentence: "Exhaust ducts shall be constructed ofminimum 0.016 -inch -thick rigid metal ducts, or schedule 40 PVC when used in concrete slabs and not exceeding 25 feet, having smooth interior surfaces with joints running in the direction of air flow." Section P2903.8.7 Hose bibb bleed. Is deleted in its entirety. Section P2904.5.1 Under concrete slab. The language in this section is deleted in its entirety and the following language is added: "Inaccessible water distribution piping under concrete slabs shall be copper water tube minimum Type' L'." Section P3002.1 Piping within buildings. The language in this section is deleted in its entirety and the following language is added: "1. Drain waste and vent piping in buildings shall be schedule 40 PVC DViVV pipe and fittings, cast iron, or copper pipe and fittings. 2. The horizontal drain line for all food waste grinders and/or disposals shall be a minimum of three inches." Section P3002.2 Building sewer. The language in this section is deleted in its entirety and the following language is added: 'Building sewer piping shall be a minimum of four inches and conform to P3002.1. Six inches and larger sewer may be SDR 26 or better." Section P3102.1 Main vent required. The language in this section is deleted in its entirety and the following language is added: "Every building shall have a minimum of one, three inch main vent that is either a vent stack or stack vent. Such vent shall run undiminished in size and as directly as possible from the building drain through to the open air at least six inches above the roof." Section P3114.3 Where permitted. The language in this section is deleted in its entirety and the following language is added: "Air admittance valves are allowed only with specific approval from the Building Official and only in areas where taking a vent to the outside would be either impossible or impractical." Section 3. That all ordinances or part of ordinances in conflict herewith are hereby repeated. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED this the 10 day of December, 2001. Homer E.Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Cle, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D, H gki. ity omey City of Nederland, Texas 1 t 1 273 CITY OF NEDERLAND ORDINANCE NO. 2001-23 AN ORDINANCE OF THE CITY OF NEDERLAND ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIR, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF THE BUILDING ENVELOPE, MECHANICAL, LIGHTING AND POWER SYSTEMS IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. WHEREAS, S.B. 5 was adopted and approved by the State of Texas during the 2001 legislative session; and WHEREAS, Section 388.003 of S.B. 5 mandates the adoption and enforcement of the International Energy Conservation Code by municipalities in Jefferson County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That certain documents which are on file in the office of the Chief Building Official of the City of Nederland, being marked and designated as the International Energy Conservation Code, as published by the International Code Council, be and is hereby adopted as the code ofthe City ofNederland for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the City of Nederland and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Energy Conservation Code, 2000 edition, published by the International Code Council, on file in the office of the Chief Building Official are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2. The following section is hereby revised: Section 101.1.1 Insert "The City ofNederland". Section 3. That all ordinances or part of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That this ordinance shall take effect and be in full force and effect from and after its passage and publication, as required by law. PASSED AND APPROVED this the /O day of December, 2001.�/ _ C Homer E. Nagel, Mayor City ofNederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas 1 t 1 IREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING December 17, 2001 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 for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Nugent and seconded by Council - member Radcliff to approve the minutes of the December 10, 2001 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 3. ORDINANCES A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to approve Ordinance No. 2001-24, providing for the assessment and collection of ad valorem taxes on leased motor vehicles. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 4. DEVELOPMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Clayton to accept the improvements in Robin's Cove Subdivision contingent upon receipt of the "as built" plans. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. L 275 7 )Minutes continued, December 17, 2001 5. PAYMENTS A motion was made by Mayor Pro Tem Clayton and seconded by Mayor Nagel to approve payments to Schaumburg & Polk, Inc. as follows: $5,742.12, 2000- 2001 collection system rehabilitation (Year 3); $594.00, 1999-2000 collection system rehabilitation (Year 2); $1,525.13, west annexation area water and sewer improvements; and, $8,807.06, wastewater system improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Sawyer and seconded by Council - member Radcliff to approve payment to Hart Construction in the amount of $52,907.41, water and wastewater improvements, west annexation area, Phase 1. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Nugent and seconded by Council - member Sawyer to approve payment to Neches Engineers in the amount of $7,226.78, Water Treatment Plant roof assessment. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. A motion was made by Councilmember Radcliff and seconded by Council - member Nugent to approve payment to J & D Construction in the amount of $16,994.36, 1999-2000 collection system rehabilitation. MOTION CARRIED, Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 6. EXECUTIVE SESSION A motion was made by Mayor Nagel and seconded by Councilmember Nugent to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. 7. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Hwy. 69 crossing project costs have increased by approximately $25,000.00 since bids were opened in June, 2001. Will Larraine, d.p. Consulting Engineers, Inc., will be meeting with TxDOT officials to get their approval on the increase. Minutes continued, December 17, 2001 8. ADJOURN There being no further business, a motion was made by Mayor Nagel and seconded by Councilmember Nugent to adjourn the meeting at 6:20 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sawyer, Clayton, Radcliff, and Nugent. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas L' Homer E. Nagel, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT Homer Nagel Mayor Robert Sawyer Council Member -Ward 1 Joe Clayton Council Member - Ward 2 Judy Radcliff Council Member - Ward 3 ,✓ Dick Nugent Council Member - Ward 4 Andre' Wimer City Manager LaDonna Floyd City Clerk I �/ Richard Hughes City Attorney I �/ Darrell Bush Police Chief I r/ Mike Lovelady I Fire Chief Cheryl Dowden I Director of Finance Steve Hamilton I Director of Public Works Rod Hatch I Building Official Victoria Klehn I Librarian Kelly Galloway I Assistant to the City Manager Mayor CAO firer, 4n,_ j"l City Clerk AQ Date ABSENT 1 1 1 CITY OF NEDERLAND ORDINANCE NO. 2001-24 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR THE ASSESSMENT AND COLLECTION OF AD VALOREM TAXES ONLEASEDMOTORVEHICLES; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH TAXES; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY. WHEREAS, pursuant to Section 11.252 of the Texas Tax Code, municipalities are authorized to provide for the collection of ad valorem taxes on leased motor vehicles that are not used for commercial purposes; and WHEREAS, the Legislature of the State of Texas has amended Chapter 11 of the Tax by adopting Section 11.252 which exempts from taxation certain leased motor vehicles; and WHEREAS, Tax Code Section 11.252(f) provides that the governing body of a municipality may, by ordinance adopted before January 1, 2002, provide for the taxation ofleased motor vehicles otherwise exempted from taxation by Tax Code Section 11.252; and WHEREAS, the City Council of the City of Nederland desires to provide for the taxation of leased motor vehicles otherwise exempted from taxation by Tax Code Section 11.525; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: Pursuant to and in accordance with Section 11.252(f) ofthe Texas Tax Code, the City Council of the City of Nederland hereby assesses a tax on leased motor vehicles that are otherwise exempted from taxation by Section 11.252 of the Texas Tax Code. Section 2. The tax rate for such leased motor vehicles shall be in an amount set by City Council from year to year as part of the budget and taxing process, or as may otherwise be approved from time to time in accordance with state law. Section 3. Should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. PASSED AND APPROVED this the /% day of 2001. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPR VED AS TO FORM AND LEGALITY: I �t Richard D. Hughes, CityAtto City of Nederland, Texas 179 Sao t 1