2003161
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. January 13, 2001
1. MEETING CALLED TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Pro Tern Judy Radcliff at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached
for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve the minutes of the December 16, 2002 meeting as written. MOTION
CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
3. PRESENTATION
The Nederland High School Drama and Choral students performed a scene from their
upcoming production of Oklahoma.
4. REQUESTS
Andre' Wimer, City Manager, explained that Curtis Pace is requesting an adjustment on
his water billing account at his place of business. In accordance with City policy Mr.
Pace was given a leak adjustment for one month, but has requested an additional
adjustment due to the City estimating his bill. Mr. Pace feels that if the bill were read he
would been aware of the leak earlier.
A motion was made by Councilmember Nugent and seconded by Councilmember Neal
to approve the leak adjustment for Curtis Pace. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Radcliff to approve the request from the Lower Neches Valley Authority to install a meter
at the Water Treatment Plant. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
i
Minutes continued, January 13, 2003
5. DEVELOPMENT
A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember Neal
to approve the preliminary and final plats of the Clearwater Estates subdivision (outside
the City limits, but within the extraterritorial jurisdiction) as recommended by the
Planning and Zoning Commission. MOTION CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
6. STREETS AND SIDEWALKS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to authorize the installation of a street light at 820 — 15`h Street. MOTION CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
LIBRARY
Mayor Pro Tem Radcliff presented a proclamation to Victoria Klehn, Librarian, declaring
February 2003 as "Library Lovers' Month."
A motion was made by Councilmember Neal and seconded by Councilmember Nugent
to approve a proclamation declaring February 2003 as "Library Lovers' Month" in
Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember
Sawyer to authorize a "Food for Fines" project from February 1 through February 28,
2003, at the Marion and Ed Hughes Public Library. MOTION CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
8. RESOLUTIONS
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem
Radcliff to approve Resolution 2003 -01, authorizing publication of notice of intention to
Issue Certificates of Obligation to fund costs for the Sanitary Sewer Evaluation Survey
project. MOTION CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Nugent and seconded by Councilmember Neal
to approve Resolution 2003 -02, opposing the proposed Western Towing (Kirby
Enterprises) barge mooring facility on the Neches River near Port Neches. MOTION
CARRIED.
Ayes: Mayor Pro Tem Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
G .O 3
Minutes continued, January 13, 2003
9. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Radcliff to approve two Easement Agreements with Robert and Vickie Keith — one to
provide for the installation of a lift station, and one to provide for the installation of a
sewer line. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to approve an Interagency Agreement with the Jefferson County Narcotics Task Force.
MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve a Mutual Cooperation Agreement on Extraterritorial Peace Officer Jurisdiction
with local city and county entities related to a regional anti -drug abuse task force.
MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to postpone approving a settlement agreement with KSA Engineers, Inc. and
ALLCO, Inc. for the Water Treatment Plant rehabilitation. MOTION CARRIED,
10. PAYMENTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Sawyer to approve payments to Schaumburg & Polk, Inc. as follows: $5,594.26,
wastewater system improvements (treatment plant); $4,973.56, 2002 -2003 collection
system rehabilitation (Year 5); $5,850.72, 2000 -2001 collection system rehabilitation
(Year 3); $860.00, west annexation area water and sewer improvements; $3,904.76,
wastewater system improvements (treatment plant); $550.00, west annexation area
water and sewer improvements; $890.00, wastewater discharge permit; $4,438.06,
2000 -2001 collection system rehabilitation (Year 3); and, $589.00, 2002 -2003 collection
system rehabilitation (Year 5). MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Nugent to approve payments to d.p. Consulting Engineers, Inc. as follows: $9,998.60,
Boston Avenue landscaping project; and, $3,373.58, upper Main "C drainage
improvements. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve payment to Jefferson County Drainage District No. 7 in the amount of
$10,331.50, storm water permitting. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
-r
Minutes continued, January 13, 2003
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Sawyer to approve payment of the bills for the month of December 2002. MOTION
CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
11. EXECUTIVE SESSION
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Radcliff to postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reminded Council that the 2002 Inspection Department
Annual Report is located on their agenda packet disk. Mr. Wimer announced that Mayor
Nagel is one of the five finalists for the Frances k:. Monk Regional Leadership Award.
The winner will be announced at the South East Texas Regional Planning Commission
annual banquet next week.
13. ADJOURN
There being no further business, a motion was made by Mayor Pro Tern Radcliff and
seconded by Councilmember Neal to adjourn the meeting at 3:50 p.m. MOTION
CARRIED.
Ayes: Mayor Pro Tern Radcliff, Councilmembers Sawyer, Neal, and Radcliff. Noes:
None Absent: Mayor Nagel.
ATTEST:
!J C,
LaDonna Floyd, City Clerk
City of Nederland, Texas
VIA
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Judy Radcliff, Mayor Pro Tern
City of Nederland, Texas
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Che I Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Judy Radcliff, Mayor Pro Tern
IaA
LaDonna Floyd, City Clerk
1 01-13
Date
CITY OF NEDERLAND
RESOLUTION NO. 2003-011
A RESOLUTION AUTHORIZING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION.
WHEREAS, the City Council of the City of Nederland, Texas (the "Issuer'), deems it
advisable to issue Certificates of Obligation to fund (1) acquisition, construction, and equipping
of water and sewer system improvements, and (2) certain other costs related and incidental
thereto, in accordance with the Notice hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
SECTION 1. The facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct.
SECTION 2. The City Clerk is hereby authorized and directed to cause to be published
in the manner required by law a notice of intention to issue Certificates of Obligation in
substantially the form attached hereto as "Exhibit A" ad made a part hereof.
SECTION 3. The notice set forth in "Exhibit A" to this Resolution shall be published once
a week for two consecutive weeks in a newspaper of general circulation in the Issuer, the date
of the first publication to be before 14 days prior to the date set in said notice for the issuance of
Certificates of Obligation.
SECTION 4. The Mayor, City Clerk, and other officers of the Issuer are hereby
authorized and directed to do any and all things necessary or desirable to carry out the
provisions of this Resolution.
SECTION 5. This Resolution shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland,
Texas, on this J 3 day of nayn, In't, — 2003.
CITY OF NEDERLAND, TEXAS
L, �,)01) I
Judo&abliffjay&P otem
ATTEST:
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LaDonna Floyd City Clerk
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes ity Attorney
1
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EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of Nederland, Texas (the
"City"), shall convene at 3:00 o'clock p.m. on February 10, 2003, at its regular meeting place in
the City Hall of said City, and during such meeting, such City Council will consider the passage
of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed
$1,545,000 for the purpose of paying contractual obligations to be incurred (1) for the
acquisition, construction, and equipping of water and sewer system improvements and (2) to pay
for professional services related thereto and the issuance costs of the certificates. The certificates
of obligation will be payable from the levy of an annual ad valorem tax, within the limits
prescribed by law, upon all taxable property within the City and from a pledge of certain
available net revenues derived from the operation of the City's water and sanitary sewer system.
The certificates of obligation are issued, and this notice is given, under and pursuant to the
provisions of Texas Local Government Code, Section 271.049, as amended.
45266392.1
/s/ Homer E. Nagel
Mayor
O li r
G`v 8
CITY OF NEDERLAND
RESOLUTION NO. 2003 -02
A RESOLUTION OPPOSING THE PROPOSED WESTERN
TOWING (KIRBY ENTERPRISES) BARGE MOORING FACILITY
ON THE NECHES RIVER NEAR PORT NECHES.
WHEREAS, this proposed barge mooring facility is located adjacent to an island in the
Neches River that is within the city limits of Port Neches; and
WHEREAS, there are a lack of roads /access from the east bank of the river for
responses to emergencies, including fire suppression; and
WHEREAS, the City of Port Neches Fire Department has very limited resources to
adequately respond to oil /chemical spills or other emergencies at this proposed facility; and
WHEREAS, this proposed facility would have a negative impact on recreational
improvements being planned for the river's west bank in Port Neches; and
WHEREAS, the type of materials stored on barges could have a detrimental impact on
the adjacent Bessie Heights Marsh.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
That the City opposes approval of the proposal of Kirby Inland Marine/Western Towing
Company for a barge mooring facility on the Neches River. The City of Nederland City Council
requests that the Texas School Land Board not approve this lease.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland,
Texas, on this_ day of, 2003.
CITY OF NEDERLAND, TEXAS
R4 ? Pa z e,-- rw
JU0 Racicififf, Mayor Pro tem ^V
ATTEST:
i �//rJ1j/
Q, �Y O22n,
LaDonna Floyd City Clerk
APPROVED AS TO FORM AND LEGALITY:
Richard D. Ku(3hesf City Attorney
1
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REGULAR MEETING OF THE CITY COUNCIL OF THE
z CITY OF NEDERLAND
6:00 p.m. January 27, 2003
MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Radcliff
to approve the minutes of the January 13, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
INTRODUCTION
Mayor Nagel introduced Troop Leader Richard Fields, and members of Boy Scout Troop
53. The scouts were attending the meeting for merit badge points.
4. REQUESTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to deny
the request from Carol Crochet to install a street light at Avenue H and South 6 1 Street
because there is an existing light across the street in the City of Port Neches. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Neal
to grant an extension until March 31, 2003 to Ruth Taylor to demolish the structure
located at 2424 Avenue H. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
5. AUDIT
Brad Brown, Edgar, Kiker & Cross, PC, reviewed the FY 2001 -2002 audit. Mr. Brown
stated that they issued an "unqualified opinion" which is the highest opinion a City can
oil receive on their audit. Mr. Brown commended Cheryl Dowden, Director of Finance, and
city staff for their assistance in conducting the audit.
I ,r
Minutes continued, January 27, 2003
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to accept
the FY 2001 -2002 audit as prepared by Edgar, Kiker & Cross, PC. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
COMMUNITY CORRECTIONS CENTER
Andre' Wimer, City Manager, reported that this item was placed on the agenda because
of all the recent controversy with the proposed Community Corrections Center on
Peterson Street (outside the city limits, but within the extraterritorial jurisdiction). Mr.
Wimer stated that the Federal Bureau of Prisons has received over 100 complaint letters
from residents opposing the location site. He will keep Council informed on the latest
developments regarding this proposed halfway house.
WASTEWATER TREATMENT PLANT
A motion was made by Mayor Nagel and seconded by Councilmember Neal to authorize
submitting a request to the Texas Commission on Environmental Quality for an
amendment to the City's current wastewater discharge permit to allow for the utilization
of ultraviolet disinfection. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
8. ORDINANCE
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember Neal
to approve an Amendment to Ordinance No. 164, changing a council meeting date.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
9. CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
approve a contract with Fulbright & Jaworski, L..L.P., bond counsel, in an amount not to
exceed $12,500.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
approve a Settlement Agreement and Release with ALLCO, Inc. regarding the Water
Treatment Plant, contingent upon approval by ALLCO, Inc. and Neches Engineers.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent. I
' i
Minutes continued, January 27, 2003
A motion was made by Mayor Nagel and seconded by Councilmember Neal to
L approve a Settlement Agreement and Release with KSA Engineers, Inc.
regarding the Water Treatment Plant, contingent upon approval by KSA
Engineers, Inc. and Neches Engineers. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
10. ELECTION
A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve
Resolution 2003 -03, calling for an election to be held May 3, 2003 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 LaDonna Floyd, Clerk for Early Voting and Presiding Judge of the Central
Counting Station. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
11. PAYMENTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
approve payments to ALLCO, Inc. as follows: $7,098.05, west annexation area water
and sewer improvements; and, $78,173.81, Wastewater Treatment Plant improvements.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
A motion was made by Mayor Nagel and seconded by Councilmember Neal to
approve payment to Brystar Contracting, Inc. in the amount of $164,518.14,
2002 -01 wastewater collection system improvements (Year 3). MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
12. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Regional Review Committee will be
meeting in February to rank all the applications for projects submitted for the 2003/2004
Texas Community Development Program grant cycle. The City will be submitting an
application to request funds to continue the water and sewer line improvements in the
Gage Avenue /2nd Street area.
i Minutes continued, January 27, 2003
14. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Neal to adjourn the meeting at 6:45 p.m. MOTION CARRIED. i
Ayes: Mayor Nagel, Councilmember Neal, and Councilmember Radcliff. Noes: None.
Absent: Councilmembers Sawyer and Nugent.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Jerk
City of Nederland, Texas
1
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
a� O, v7 g_'
LaDonna Floyd, City Clerk
01 -21 -03
Date
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR
COUNCIL MEETINGS TO BE HELD FROM FEBRUARY
10, 2003 THROUGH APRIL 28, 2003.
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:
February 10, 2003
February 27, 2003
March 10, 2003
April 14, 2003
The remainder of the meetings shall begin at 6:00 p.m. on the following dates:
March 24, 2003
April 28, 2003
Any and all ordinances of the City of Nederland, Texas which conflict with any I
provisions of this amendment are hereby expressly repealed.
PASSED AND APPROVED by the City Council at a regular meeting this the _ day of
January, 2003.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
:C� -�. ' 'j,
Richard D. Hughes, City Mtorney
City of Nederland, Texas
RESOLUTION 2003 -03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON
SATURDAY, MAY 3, 2003; 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 3, 2003 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 EIection 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, 2003, 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 later than forty -five (45) days before the election or earlier than the 30' day
before the date of the filing deadline in accordance with Election Code Sec. 143.006 and
143.007. The earliest date for a candidate to file same will be February 18, 2003 at 8:00
a.m., with the last date for filing to be March 19, 2003 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 clerks address to which ballot applications and ballots voted by
mail may be sent.
The Early Voting Ballot Board shall be created as provided by Election Code
Section 87.001. Bobbie Greene 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 27th day of January, 2003.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
do'. "2".,
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Z."::�-�
'Richard D. lilaghes, City Atto6ey
City of Nederland, Texas
L
b
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
3:00 p.m. February 10, 2003
1. MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Nugent to approve the minutes of the January 27, 2003, as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
3. WASTEWATER TREATMENT PLANT
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to award
a contract for the operation of the Wastewater Treatment Plant to Severn Trent
Environmental Services, Inc. effective March 1, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
4. ORDINANCE
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve Ordinance No. 2003 -01, authorizing the issuance of "City of
Nederland, Texas Certificates of Obligation, Series 2003 "' and levying an ad valorem
tax; pledging certain net revenues; authorizing the execution of a transfer and paying
agency agreement; and other matters in connection therewith. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
5. STREETS AND SIDEWALKS
A motion was made by Mayor Nagel and seconded by Councilmember Neal to authorize
the closure of various City streets for Heritage Festival activities. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
6. WAIVER
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to authorize the Jefferson County Mosquito Control District to fly at low altitudes
as required for the application of pesticides for the control of mosquitoes within the City
limits of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
E ' Minutes continued, February 10, 2003
FINANCE
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to accept
the Quarterly Investment Report as presented. See attached. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
8. CHANGE ORDER
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
approve Change Order No. 7 with Brystar Contracting, Inc. for the 2000 -2001
wastewater collection system rehabilitation in the amount of +$37,650.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
9. BIDS /PROPOSALS
A motion was made by Councilmember Nugent and seconded by Councilmember
Sawyer to award bids received for construction of animal shelter to Brammer
Construction in the amount of $24,665.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
10. SURPLUS
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
declare one (1) United positive displacement blower and three (3) centrifugal blowers
previously used at the Wastewater Treatment Plantt as surplus and authorize the sale of
this equipment. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
11. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
approve payments to d.p. Consulting Engineers, Inc. as follows: $5,007.90, upper Main
"C" drainage improvements; $3,086.80, Boston Avenue pavement rehabilitation; and,
$4,014.60, Boston Avenue landscaping. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Nea'I, Radcliff, and Nugent. Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro
Tem. Radcliff to approve payment of the bills for January 2003. MOTION
CARRIED,
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
7
Minutes continued, February 10, 2003
12. EXECUTIVE SESSION
i
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the stormwater permit is due to be submitted
by March 10th with the TCEQ, however, they have not finalized how to receive these
permits. The TCEQ has stated that they will not begin enforcement of the requirements
at the March 10th deadline. Mr. Wimer also reported that he visited with representatives
of Congress Lampson and it was indicated that Mr. Lampson was having direct
communication with the Federal Bureau of Prisons and Dismus Charities to resolve the
issue of the proposed site of the halfway house. A second meeting of concerned
citizens is scheduled for Tuesday, February 11th at C. O. Wilson Middle School.
14. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Mayor Pro Tern Radcliff to adjourn the meeting at 4:07 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
1
ATTEST:
CKV20� 11 4 (Q1
LaDonna Floyd, City Clerk
City of Nederland, Texas
U• • J
1
Homer E. Nagel, Mayor
City of Nederland, Texas
.,X._r
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Ma or
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
y Manager
Assistant to the Cit
X
'��-
Homer E. Nagel, Mayor
LaDonna Floyd, City CI� elk
fl
1
02 -10 -03 I
Date
1
1
021
Homer E, Nagel, Mayor
Judy Raddiff, Mayor Pro tern
Robert Sawyer,. Counciimember
�� �
of %derla „„� d
Billy Neal, Councilmember
Y
✓ � �l yG R.A. 'Dick' Nugent, Councitmembar
Andre Wimer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723.3503 • FAX (409) 723 -1550
Investment Report
For the Quarter Ending December 31, 2002
This report has been prepared in accordance with the Public Funds Investment Act (Section
2256.023, Government Code), which requires that a quarterly report be submitted to City
Council detailing investment transactions and performance for the reporting period.
Submitted by the Investment Officers of the City of Nederland
Andre' Wimer, City Manager
Cheryl owden, Director of Finance
°Pru,granimed f6w Progress"
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending December 31, 2002
Investments at Beginning of Period (10 -1 -02) $6,604,014.86
Purchases 2,170,770.01
Maturities 2,144,769.61
Investments at End of Period (12- 31 -02) $6,630,015.26
Maturity Summary at December 31, 2002
ED Less than 3 months
D 9 to 12 months
1
1
1
1
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending December 31, 2002
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
SSES Fund
Drainage Construction Fund
Police Narcotics Fund
SRF Escrow & Construction Funds
MCML Dispatch
Equipment Replacement Fund
Parks & Recreation Special Fund
Bond Redemption Fund
[1 1 (
40
am
V
Balance @
Balance @
10 -1 -02
Purchases Maturities
12 -31 -02
$3,438,687.50
$14,141.92
$3,452,829.42
28,354.15
75.51
28,429.66
1,042,751.30
4,288.47
1,047,039.77
10,059.25
41.39
10,100.64
675.89
2.80
678.69
753,872.55
3,100.37
756,972.92
0.00
0.00
0.00
0.00
38,894.92
160.00
39,054.92
1,224,924.34
2,148,689.21 2,144,769.61
1,228,843.94
616.37
2.45
618.82
48.47
0.12
48.59
21.12
21.12
65,109.00
267.77
65,376.77
$6,604,014.86
$2,170,770.01 $2,144,769.61
$6,630,015.26
Fund Allocation at December 31, 2002
(52.11%) General Fund (0.6 %) Police Narcotics Fund
(11.4 %) Capital Outlay Fund
(0.6%) Other
(18.5 %) SRF Escrow Fund
(15.8 %) Water 8 Sewer Fund (1.0 %) Bond Redemption Fund
/`
it._-1
Investment Report Schedule
Investments for the Quarter ended December 30, 2002
CERTIFICATES OF DEPOSIT
Certificate Purchase Maturity Days to Interest
Number Date Date be held Rate Face Amount
Maturing during quarter ended December 31, 2002
SRF Escrow Fund 472773 09/19/02 10/23/02 34
SRF Escrow Fund 313952 10/24/02 11/27/02 34
Interest Earnings on Matured CDs for quarter ended December 31, 2002
Held at December 31, 2002
Library Special Fund 471932 01/02/02 01/02/03 365
SRF Escrow Fund 388292 12/02/02 01/13/03 42
Interest Earnings on CDs held at December 31, 2002
Total Interest Earned on CDs for the quarter ended December 31, 2002
Total Certificates of Deposit held at December 31, 2002
1.64% 1,071,565.70
1.65% 1,073,203.91
1.78% 10,000.00
1.17% 1,074,854.64
$ 1,084,854.64
Interest Earned
for Quarter
ended
December 30,
2002
1,108.47
1,650.73
2,759.20
27.74
999.62
1,027.36
$3.786.56
1
1
1
1
1
1
Investment Report Schedule
Investments for the Quarter ended December 31, 2002
INVESTMENT POOL - TEXPOOL
Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
10/01/02
12/31/02
1
1.63%
$3,438,687.50
$14,141.92
$3,452,829.42
Water & Sewer
10/01/02
12/31/02
1
1.63%
1,042,751.30
4,288.47
1,047,039.77
Parks & Rec. Fund
10/01/02
12/31/02
1
1.63%
21.12
0.00
21.12
Bond Redemp.
10/01/02
12/31/02
1
1.63%
65,109.00
267.77
65,376.77
Capital Outlay Fund
10/01/02
12/31/02
1
1.63%
753,872.55
3,100.37
756,972.92
Motel Occupancy
10/01/02
12/31/02
1
1.63%
10,059.25
41.39
10,100.64
Library Special
10/01/02
12/31/02
1
1.63%
18,354.15
75.51
18,429.66
Solid Waste Fund
10/01/02
12/31/02
1
1.63%
675.89
2.80
678.69
SRF Construction Fund
10/01/02
12/31/02
1
1.63%
153,358.64
630.66
153,989.30
MCML Dispatch
10/01/02
12/31/02
1
1.63%
616.37
2.45
618.82
Equipment Replacement Fun(
10/01/02
12/31/02
1
1.63%
48.47
0.12
48.59
Police Narcotic Fund
10/01/02
12/31/02
1
1.63%
38,894.92
160.00
39,054.92
Totals for TEXPOOL Investments $5,522,449.16 $22,711.46 $5,5459160.62
U�J
1
Investment Report Schedule
Investments
for the Quarter ended December 31, 2002
INTEREST EARNED ON DEMAND
DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate December 31, 2002
Bond Redemp.
10/01/02
12/31/02
1
1.49%
245.83
Capital Outlay Fund
10/01/02
12/31/02
1
1.49%
(12.31)
Court Technology Fund
10/01/02
12/31/02
1
1.49%
11.84
Drainage Construction Fund
10/01/02
12/31/02
1
1.49%
2,949.15
Equipment Replacement Funds
10/01/02
12/31/02
1
1.49%
135.51
General Fund
10/01/02
12/31/02
1
1.49%
(455.27)
Library Special
10/01/02
12/31/02
1
1.49%
17.79
MCML Dispatch
10/01/02
12/31/02
1
1.49%
(12.91)
Motel Occupancy
10/01/02
12/31/02
1
1.49%
0.75
Nederland Economic Development
10/01/02
12/31/02
1
1.49%
10,832.07
Parks & Rec. Fund
10/01/02
12/31/02
1
1.49%
1.67
Police Narcotic Fund
10/01/02
12/31/02
1
1.49%
59.13
Solid Waste Fund
10/01/02
12/31/02
1
1.49%
203.04
SRF Construction & Escrow Funds
10/01/02
12/31/02
1
1.49%
8,575.99
SSES Fund
10/01/02
12/31/02
1
1.49%
1,035.73
W & S Certificate Fund
10/01/02
12/31/02
1
1.49%
123.36
Water & Sewer
10/01/02
12/31/02
1
1.49%
705.51
$24,416.88
1
1
1
1
Investment Report Schedule
December 31, 2002
Interest Earnings for Quarter Ended December 31, 2002
Bond Redemption Fund
$513.60
Capital Outlay
3,088.06
Court Technology Fund
11.84
Drainage Construction Fund
2,949.15
Equipment Replacement Funds
135.63
General Fund
13,686.65
Library Special Fund
121.04
MCML Dispatch
(10.46)
Motel Occupancy Tax Fund
42.14
Nederland Economic Development
10,832.07
Parks & Recreation Special Fund
1.67
Police Narcotic Account
219.13
Solid Waste Fund
205.84
SRF Escrow & Construction Funds
12,965.47
SSES Fund
1,035.73
W & S Certificate Fund
123.36
Water Fund
4,993.98
$50,914.90
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. February 27, 2003
MEETING CALLED TO ORDER
The meeting was called to order at 3:00 p.m. by Mayor Homer 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 Sawyer and seconded by Councilmember Neal
to approve the minutes of the February 10, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
3. REQUEST
Phil Hallmark, representing the law firm of Germer, Bernsen & Gertz, stated that a
temporary restraining order has been filed on behalf of the Citizens for the Preservation
of Bessie Heights Marsh to prevent the construction of a barge mooring facility in the
Neches River proposed by Kirby Inland Marine. Mr. Hallmark further stated that he is
asking area entities to join in preventing the construction of this facility at the proposed
location. He added that local legislative delegation is working on legislation to stop this
project. Mr. Hallmark also discussed the economic impact and safety issues which are
of concern. Andre Wimer, City Manager, agreed to further discuss this matter with David
Bernsen, partner in the firm, to determine if the City would incur any cost and /or liability
should it choose to join the suit.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to place
this item on the March 10, 2003 agenda for consideration. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Council members Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
4. REPORT
Darrell Bush, Chief of Police, stated that S.B. 1074 requires that the Police Department
submit a copy of the City's report concerning the demographic composition of contacts
and searches made by the Nederland Police Department to the City Council prior to
March 1, 2003 for data involving calendar year 2002. He then reviewed the report with
the City Council.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to accept
the report as presented by Police Chief Darrell Bush. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
Minutes continued, February 27, 2003
5. LOWER NECHES VALLEY AUTHORITY
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Sawyer to approve Resolution No. 2003 -04, consenting to and supporting the filing of a
Drinking Water State Revolving Fund (DWSRF) Intended Use Plan application by the
Lower Neches Valley Authority with the Texas Water Development Board. MOTION
CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve the Interlocal Agreement between the Lower Neches Valley Authority (LNVA)
and the cities of Port Neches, Nederland, and Groves, authorizing the joint participation
of the cities of Nederland, Port Neches, Groves, and the LNVA in a preliminary
engineering report concerning the regional water supply project. The shared costs for
the report are as follows: LNVA - $11,000, City of Port Neches - $11,000, City of
Nederland - $11,000, and City of Groves - $17,000. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve a contract with Schaumburg & Polk, Inc. for a preliminary engineering report to
determine the feasibility of a regional water treatment facility. The cost of the report is
$50,000 and will be shared in accordance with the Interlocal Agreement. MOTION
CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
6. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve renewal of a contract with Action Bonded Cleaning for one year, beginning
March 1, 2003, forjanitorial services. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve
renewal of a contract with Tower Medical Center of Nederland for one year, beginning
April 1, 2003, for employee drug /alcohol testing services. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
7. BUDGET
A motion was made by Mayor Pro Tern Radcliff and Mayor Nagel to approve an
amendment to the FY 2002 -03 budget (see attached). MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
�. 3 ct
Minutes continued, February 27, 2003
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
approve Ordinance No. 2003 -02, amending the FY 2002 -03 budget. MOTION
CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
BIDS
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to award bid to Brystar Contracting, Inc. in the amount of $1,781,352.00 for the Year 4
and Year 5 Sanitary Sewer Evaluation Survey (SSES) project. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember
Sawyer to authorize the advertisement of bids for concrete raising. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
PERSONNEL
Andre Wimer, City Manager, stated that due to action previously taken by Council to
contract the operation of the Wastewater Treatment Plant, it is necessary to eliminate
the positions of one (1) Wastewater Treatment Plant Supervisor and four (4) Wastewater
Treatment Plant Operators. He also asked Council to consider eliminating one (1)
Sanitation Driver position in Solid Waste and one (1) Maintenance Worker position in the
Street Department that are currently vacant.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
eliminate the positions recommended by the City Manager. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
10. PAYMENTS
A motion was made by Mayor Pro Tem Radcliff and seconded by Mayor Nagel to
approve a payment to Brystar Contracting, Inc. in the amount of $227,647.86 for the
2000 -2001 wastewater collection system improvements (Year 3). MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payments to Schaumburg & Polk, Inc. as follows: $275.00, wastewater plant
discharge permit; $5,836.24, wastewater system improvements; $3,812.28, 2000 -2001
collection system rehabilitation (Year 3); $3,240.04, 2002 -2003 collection system
rehabilitation (Year 5). MOTION CARRIED.
Ayes: Mayor Nagel, ' Mayor Pro Tem Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
Minutes continued, February 27, 2003
11. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Mayor Pro Tern Radcliff, Councilmembers Sawyer and Neal.
Noes: None Absent: Councilmember Nugent.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that all property for the 27`h Street and Helena
Avenue intersection project has been acquired and TxDOT has indicated that
construction should begin in October.
Mr. Wimer also stated that the City had received notice from the City of Beaumont
regarding an application requesting an enlargement of an existing Certificate of
Convenience and Necessity (CCN). Mr. Wimer added that the CCN appears to include
areas in which the City had previously acquired a CCN and a portion of the City's
extraterritorial jurisdiction. He further stated that he is awaiting clarification from the City
of Beaumont.
13. RECESS
The meeting was recessed at 3:55 p.m.
14. PUBLIC HEARING
A Public Hearing was called to order at 6:00 p.m. at the Wright Building, 1006 Port
Neches Avenue, Port Neches, Texas, for the purpose of receiving comments regarding
the rate increase application submitted by Southern Union Gas Company to the cities of
Nederland, Port Neches, and Groves.
Bobby Enriguez, Southern Union Gas/Texas Gas Service Co.(SUG/TGSC), stated that
SUG/TGSC is requesting an increase of $518,000 (5.78 %). He added that the cities
have 90 days from when the request was filed to approve or deny the request; should
the cities deny the request, SUG/TGSC can appeal to the Texas Railroad Commission.
He further stated that an appeal would result in additional legal expenses, which would
ultimately be borne by the customer. If the cities take no action, SUG /TGSC can
implement the new rates at the end of the 90 -day period.
Milton Westbrook, SUG /TGSC, gave an overview of the company and the services they
provide and also presented a slide presentation on the proposed rate structure.
Dan Lawton, independent consultant with Diversified Utility Consultants, Inc. (DUCT),
explained that he was hired by the cities of Nederland, Port Neches, and Groves to
review the rate filing package proposed by SUG/TGSC to determine if the rate increase
is justified. He stated that in the proposed rate structure, customers would be billed a
minimum usage of 200 CCF which, in his opinion, would create waste, as the consumer
would be encouraged to use the increased amount of gas and not be encouraged to
reduce consumption as he would be paying for it anyway. He also explained that while
Minutes continued, February 27, 2003
attempting to evaluate the case with the data that was provided, it was determined that
the data was not current, incomplete, or inaccurate and suggested that SUG/TGSC file r
another request with current data. He added that he did not feel that the Railroad
Commission would approve the case with the current information.
Stacey McTaggart, SUG/TGSC, stated that the company could consider an alternate
rate structure should the cities desire.
The Public Hearing adjourned at 7:00 p.m.
15. RECONVENE
The regular meeting was reconvened at 7:15 p.m. by Mayor Nagel at the Nederland City
Office Building, 1400 Boston Avenue, Nederland, Texas.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
postpone action regarding the Southern Union Gas rate increase request. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer and Neal. Noes: None Absent: Mayor
Pro Tern Radcliff and Councilmember Nugent.
16. ADJOURN
There being no further business, a motion was made by Councilmember Saywer and
seconded by Mayor Nagel to adjourn the meeting at 7:20 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer and Neal. Noes: None Absent: Mayor
Pro Tern Radcliff and Councilmember Nugent.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
'/ 16119 �tu
Lois Coco, Acting City Clerk
City of Nederland, Texas
7
1
ii i J
Minutes continued, February 27, 2003
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
' Lois Coco, Acting City Clerk
02 -27 -03
Date
CITY OF NEDERLAND
RESOLUTION NO. 2003-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, CONSENTING TO AND SUPPORTING
THE FILING OF A DRINKING WATER STATE REVOLVING
FUND (DWSRF) INTENDED USE PLAN APPLICATION BY THE
LOWER NECHES VALLEY AUTHORITY WITH THE TEXAS
WATER DEVELOPMENT BOARD.
WHEREAS, the Texas Water Development Board ( "Board "), in partnership with the
Texas Commission on Environmental Quality ( "Commission ") is in the process of preparing the
FY 2004 Intended Use Plan ( "Intended Use Plan) for the Drinking Water State Revolving Fund,
a federally capitalized program which was established by the Safe Drinking Water Act
Amendments of 1996 to provide low interest loans for both public and private entities for public
drinking water facilities; and
WHEREAS, the Intended Use Plan for FY 2004 will identify a priority list of projects to be
considered for funding; and
WHEREAS, the Lower Neches Valley Authority ( "LNVA ") has proposed to establish a
regional water project comprised of a regional water treatment plant, water transmission lines
and storage facilities to serve the Cities of Nederland, Port Neches and Groves and other area
communities; and
WHEREAS, LNVA has asked the City of Nederland (the "City") to pass a resolution
authorizing the LNVA to submit an application for the Intended Use Plan for Drinking Water
State Revolving Fund in order to submit the regional water project as a proposed project on the
Intended Use Plan priority list; and
WHEREAS, if the regional water project is eligible to be considered for funding by the
Drinking Water State Revolving Fund, an application will be required to be submitted for such
funding in the future, but any application for funding, if appropriate, will be subject to a separate
resolution by the City Council in the future; and
1
WHEREAS, submission of an application for the Intended Use Plan will in no way 1�
obligate the City to participate in the regional water project. 11f
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS:
1. That the Mayor, City Manager, Director of Public Works and City Attorney are
authorized to execute such instruments as may be appropriate in connection with participating
with LNVA and other area communities in the submission of the proposed regional water project
for priority ranking by the Intended Use Plan; and
2. That the Mayor, City Manager, Director of Public Works and City Attorney are
authorized to undertake all necessary actions to assist LNVA's obtaining a sufficiently high
ranking on the Intended Use Plan priority list so that LNVA's regional water project to serve the
City and other area communities will be funded from the Drinking Water State Revolving Fund
on terms and conditions satisfactory to the City, and subject to such other conditions as the
Mayor and City Manager may deem appropriate.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland,
Texas, on this a i- day of 3 , 2003.
CITY OF NEDERLAND, TEXAS
Hnm F Al e..d �� -•• -- ^� -�
ATTEST:
,
Lois Coco, Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, C' Attorney
INTERLOCAL AGREEMENT
This agreement is made by and between LOWER NECHES VALLEY
AUTHORITY ( "Authority ") and the CITY OF PORT NECHES, THE CITY OF
NEDERLAND AND THE CITY OF GROVES ( "Cities "), under the authority of the
Interlocal Cooperation Government Act, Government Code §791.002, et seq. Authority
and the Cities agree as follows:
RECITALS
Whereas it has been determined that it may be feasible for the Authority and the
Cities to enter into a regional drinking water project and,
Whereas, the Authority has filed an Intended Use Plan with the Texas Water
Development Board to fund a regional water treatment plant to serve the Cities of
Nederland, Port Neches and Groves, and
Whereas as part of the application process a preliminary engineering report must
be prepared and
Whereas the engineering firm of Schaumburg & Polk presently provides
engineering services, for the Lower Neches Valley Authority, the City of Nederland, the
City of Port Neches and the City of Groves and is prepared to complete the report in 120
days from the notice of approval, and
Whereas Schaumburg & Polk has agreed to work for a fee not to exceed
$50,000.00 to prepare these reports, and
1
Whereas the Authority and the Cities have agreed that because of the familiarity
that Schaumberg and Polk have with their water systems that it would be advantageous to
hire Schaumberg and Polk on a cost sharing basis for the preliminary engineering report.
PARTICIPATION
Upon the approval of Schaumberg and Polk by the governing boards of the
participants the Authority and the Cities agree to the following sharing of the $50,000.00
engineering fee for the preliminary engineering study for regional drinking water project
of Schaumburg & Polk.
LNVA $11,000.00
Port Neches $11,000.00
Nederland $11,000.00
Groves $17,000.00
It is further agreed that the City of Nederland will actually enter into the contract
with Schaumburg & Polk and each of the other entities will reimburse the City of
Nederland in proportion given above (LNVA — 22 %, Port Neches — 22 %, Nederland —
22% and Groves — 34 %) within 30 days after being billed by the City of Nederland.
GENERAL PROVISIONS
This agreement constitutes the sole and only agreement of the parties hereto, and
supercedes any prior understanding or written or oral agreements between the parties
relative to the preliminary engineering report of the regional water treatment plant.
No amendment, modification or alteration of the terms of the agreement shall be
binding unless the same be in writing and dated subsequent to the date hereof, and
executed by all parties. I
U3�
This agreement shall be construed under the laws of the State of Texas.
In case any provision of this agreement is held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision of this agreement, and the agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained in the
agreement.
The parties of this agreement, acting under authority of their respective governing
bodies, have caused this agreement to a executed in multiple copies on the 18th day of
ebr r 2003.
ATTEST:
ATTEST:
ATTEST:
LOWER NECHES VALLEY AUTHORITY
By: �'-
70
Lonnie Arrington, Its President
CITY OF NEDERLAND
CITY OBGROVES
M
ATTEST: CITY OF PORT NECHES
By:
t�
MUTUAL AGREEMENT TO EXTEND
INDEPENDENT CONTRACTOR'S AGREEMENT
In accordance with the Independent Contractor's Agreement effective March 1, 1997,
specifically Section III, the City of Nederland and Action Bonded Cleaning, Inc. mutually agree
to extend the existing agreement for one year beginning on March 1, 2003, in accordance with
Section XIII, Item A. regarding General Provisions. The extension of this Agreement shall
include the following:
Section IV regarding Compensation shall be amended to reflect the monthly
prices listed below for regular services completed in accordance with the
specifications:
City Hall, Police, MCML Dispatch - two nights per week $865.00
Public Works/Nederland Economic Development Corporation (EDC) -
two nights per week $156.00
Parks and Recreation - one night per week $300.00
Executed this 5,1- 7tA of j &,16ut u , 2003, but effective as of the effective date set forth
herein. I
ACTION BONDED CLEANING, INC.
ATTEST:
Mt4l
Lois Coco, Acting City Clerk
By:
Name: Quin Fontenot
Its: President
CITY OF NEDERLAND, TEXAS
By:
N": Homer Nagel "
Its: Mayor
1
0-139
AGREEMENT
(EMPLOYEE DRUG /ALCOHOL TESTING)
Agreement entered into on the date stated below, between the City of Nederland, State of
Texas, a municipal corporation, herein referred to as CITY, and Tower Medical Center of
Nederland, 2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on
business in the State of Texas, herein referred to as TESTING FACILITY.
In consideration of the mutual agreements and covenants set forth herein, the parties
agree as follows:
SECTION ONE
TESTING FACILITY REPRESENTATIONS
TESTING FACILITY represents that it is a laboratory certified under appropriate federal
and state regulations to perform and conduct urine, blood and breath tests to determine chemical
or drug content in individuals.
SECTION TWO
TESTING SERVICES AND FEES
TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing
1 program to the City of Nederland employees. The description of integrated services to be
performed and fees to be charged are set forth in the attachment marked Exhibit "A' (consisting
of one page), which is incorporated herein by reference. TESTING FACILITY further agrees to
adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to
employee drug/alcohol testing, including but not limited to the provisions regarding
confidentiality, chain of custody, and guidelines adopted by the United States Department of
Health and Human Services for work place urinalysis.
SECTION THREE
COMPENSATION
For services rendered by TESTING FACILITY under this Agreement, CITY agrees to
pay to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment
shall be made by CITY within 20 days of its receipt of an itemized statement of services
rendered during the preceding month.
SECTION FOUR
INDEMNIFICATION
TESTING FACILITY shall indemnify CITY and hold it harmless against all claims,
costs, demands, attorneys fees, causes of action, losses, or damage that may arise as the result of
any action or conduct by TESTING FACILITY or its agents, employees, or officers in the
testing performed or duties imposed under this Agreement.
SECTION FIVE
ASSIGNMENT
No assignment of this Agreement shall be valid without the written consent of the CITY.
SECTION SIX
BREACH
A breach of contract by either party shall constitute grounds for cancellation of this
Agreement by the other party. However, the party who commits the breach shall have fifteen
(15) days after mailing of written notice of such breach from the other party in which to correct
or abate the breach and avoid the cancellation.
SECTION SEVEN
VENUE
This Agreement is entered into and performable in Jefferson County, Texas.
SECTION EIGHT
EFFECTIVE DATE: TERM
This Agreement shall take effect on the 1 st day of April, 2003 and shall remain in effect,
subject to the provisions regarding cancellation, for a period of one year therefrom.
IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas
on the .07th day of -t ux,, w , 2003.
ATTEST:
&,;CD 6a
Lois Coco, Acting City Clerk
TOWER MEDICAL CENTER OF
NEDERLAND
LE
Its:
CITY OF NEDERLAND, TEXAS
By:
Its: frtQUov
.T
1
1
1
EXHIBIT A
AGREEMENT FOR SERVICES
APRIL, 2003
EMPLOYER: City of Nederland
SUBJECT: Substance Abuse Screening Program
Tower Medical Center of Nederland agrees to offer a one call, full service drug and alcohol testing
program to the City of Nederland.
Description of integrated services and fees shall be as listed:
DOT Drug Screen ......................... ............................... $25.00
MRO (Medical Review Officer) .............. ............................... $10.00
Review and consultation with the applicant/employees regarding his/her test results.
Non -DOT Drug Screen With Confirmation ..... ............................... $25.00
' Alcohol Test .............................. ............................... $17.00
Administered at Tower Medical Center of Nederland using PBA3000 Breath
Analyzer. Alcohol detections of 0.2% or greater will be automatically confirmed by
a second test. This is a calibrated breath analyzer approved by the Department of
Transportation (DOT), and the results are evidential.
Record keeping/Retention (annual fee) ........ ............................... $100.00
Includes a quarterly report and annual report as required by DOT.
Random Generation
An alpha/numerically generated list of employees for your company's random drug
testing program currently is in place. A flat fee will be assessed for additions and/or
deletions to the current list .............. ............................... $5.00
Each random pull (monthly fee) ........ ............................... $25.00
i
041
Fund: 50 -63
BUDGET AMENDMENT REQUEST - 2003
Increase the following account(s):
50 -63 -00 -6743 Capital Outlay
Department: W & S Distribution
Amount
$1,800.00
Sub -Total $1,800.00
Decrease the following account(s) Amount
50- 6300 -6247 Water & Sewer Mains $1,800.00
Sub -Total $1,800.00
Justification for amendment with course of action if not approved:
See attached memorandum
Depa nt ad Requesting Amendment Approved:
Date City Manager Date
Funds Available:
City Tre urer Date
Approved by Council:
`Date
1
1
WHEREAS, the City Council previously approved Ordinance No. 2002 -07 which adopted
the 2002 -03 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to increase revenues and expenditures as set out in Attachment "A" attached hereto;
and,
WHEREAS, the City Council finds that the budget for 2002 -03 fiscal year should be
amended for unanticipated revenues received and additional expenditures for specific purposes as set
out in Attachment "A."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the budget for 2002 -03 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 ofthis 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 27t4 DAY OF FEBRUARY, A.D.,
2003.
Homer Nagel, Mayor
City of Nederland, Texas
ATTEST:
Oda
Lois Coco, Acting City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Z ---D -,�,�
Richard D. Hughes, City Attorney
City of Nederland, Texas
')4•_
ORDINANCE NO. 2003-02
AN ORDINANCE AMENDING THE 2002 -03 BUDGET IN
ACCORDANCE WITH THE BUDGET AND THE CHARTER
OF THE CITY OF NEDERLAND.
WHEREAS, the City Council previously approved Ordinance No. 2002 -07 which adopted
the 2002 -03 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to increase revenues and expenditures as set out in Attachment "A" attached hereto;
and,
WHEREAS, the City Council finds that the budget for 2002 -03 fiscal year should be
amended for unanticipated revenues received and additional expenditures for specific purposes as set
out in Attachment "A."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS:
THAT the budget for 2002 -03 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 ofthis 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 27t4 DAY OF FEBRUARY, A.D.,
2003.
Homer Nagel, Mayor
City of Nederland, Texas
ATTEST:
Oda
Lois Coco, Acting City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Z ---D -,�,�
Richard D. Hughes, City Attorney
City of Nederland, Texas
')4•_
n I
U4 4
BUDGET ORDINANCE AMENDMENT — ATTACHMENT A
GENERAL FUND
Amend as follows:
Increase 01 -00 -00 -4700 Miscellaneous Income $11,986.00
Increase 01 -31 -00 -6354 Traffic Lights $11,986.00
Funds received from insurance company for traffic accident which destroyed existing traffic
signals at 27th Street and Nederland Avenue.
1
1
`* J
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. March 10, 2003
MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. 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 February 27, 2003, meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
3. PROCLAMATION
Mayor Nagel presented a proclamation to Mr. James Forey declaring March 9 -15, 2003,
"AARP Independent Living Week" in Nederland, Texas. Mr. Forey thanked the Council
for their support of the AARP.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
approve the proclamation declaring March 9 -15, 2003 as "AARP Independent Living
Week" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
4. REQUEST
Richard Hughes, City Attorney, reported to Council that he had spoken to David Bernsen
of Germer, Bernsen & Gertz, L..L.P. concerning potential financial liability should the City
decide to participate in the lawsuit involving the proposed barge mooring facility on the
Neches River. Mr. Hughes stated that Mr. Bernsen said that he feels sure that the City
would not be countersued or held liable, but could not guarantee it. Mr. Hughes added
that in the unlikely event that the City is drawn into some kind of suit then there would be
no one offering to pay legal fees. Mayor Nagel stated that he does not feel like the City
should become involved in the lawsuit due to the potential lack of legal protection for the
City. He feels that the resolution that was recently passed opposing the facility should
be enough and that if we were located on the river then we would probably want to
become involved.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
decline joining in the lawsuit involving the proposed barge mooring facility on the Neches
River. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
Minutes continued, March 10, 2003
CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Sawyer to approve an Intergovenmenta( Emergency Mutual Aid Agreement with
Nacogdoches County in order to be reimbursed by FEMA for assistance given in the
Columbia Shuttle recovery effort. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve a contract with Schaumburg & Polk, Inc. for sewer line replacement work on
South 5th Street in an amount not to exceed $36,500.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
6. CHANGE ORDER
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Radcliff to approve Change Order No. 3 in the amount of +$76,092.26 with ALLCO, Inc.
for Wastewater Treatment Plant improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payments to ALLCO, iNc. as follows: $75,842.37, Wastewater Treatment Plant
improvements; and, $12,828.99, west annexation area water and wastewater
improvements, Phase ll. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Nugent to approve payment of the bills for the month of February. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
8. 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, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, stated that Texas Gas Company (formerly Southern Union
Gas) has indicated a desire to look at possible mediation regarding their recent rate
increase filing. This has been referred to Harry Wright, Port Neches City Attorney, for
review.
Minutes continued, March 10, 2003
10. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Mayor Pro Tern Radcliff to adjourn the meeting at 3:33 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
(- oQo -vim__
LaDonna Floyd, City Clerk
City of Nederland, Texas
' Y
h
L.
' Y
l. 4 J CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, MaR or
LaDonna Floyd, City Clerk
03 -10 -03
Date
L
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. March 24, 2003
MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Radcliff to approve the minutes of the March 10, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
3. PROCLAMATIONS
Mayor Nagel presented a proclamation to Cindy Fertitta, March of Dimes,
declaring April 12, 2003 as "March of Dimes Mid and South County WalkAmerica
' Day" in Nederland. Ms. Fertitta thanked the Mayor and Council for their
continued support of March of Dimes and invited all to attend the walk.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
approve the proclamation declaring Apeil 12, 2003, as "March of Dimes Mid and South
County WalkAmerica Day" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
Mayor Nagel presented a proclamation to Dina Hernandez declaring April 2003
as "Sexual Assault Awareness Month" in Nederland. Ms. Hernandez thanked the
Mayor and Council for their support.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
approve the proclamation declaring April 2003 as "Sexual Assault Awareness
Month" in Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
4. REQUEST
A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve
the request from Julia Samuels to endorse the Red Ribbon Campaign supporting the
service men and women serving in Operation Iraqi Freedom. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
Minutes continued, March 24, 2003
% 5. ORDINANCE
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
postpone approval of Ordinance No. 2003 -03, finding that Southern Union Gas
Company/Texas Gas Service Company's Statement of Intent to change rates within the
City of Nederland should be dismissed for failure to meet the statutorily required filing
requirements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
6. BIDS /PROPOSALS
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to award
bids received for concrete raising to Concrete Raising Corporation, Houston, TX, as
follows: up to 6.00" lift for street pavement $16.98/LF; 6.01" up to 9.00" lift for street
pavement, $19.55/LF; up to 6.00" lift for sidewalks, $2.75/sq. ft.; and 6.01" up to 9.00" lift
for sidewalks, $2.95/sq. ft. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
GRANTS
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to authorize the submission of a grant application to the Federal Emergency
Management Agency (FEMA) by the Fire Department. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neall, Radcliff, and Nugent. Noes: None.
8. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payment to Diversified Utility Consultants, Inc. for consulting services related
to the Southern Union Gas Company/Texas Gas Service Company rate case filing.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
A motion was made by Mayor Pro Tem Radcliff and seconded by
Councilmember Nugent to approve payment to Bishop Real Estate Appraisers,
Inc. in the amount of $1,000.00, appraisal report for a drainage easement in
Parkway Village. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to approve payment to Brystar Contracting, Inc. in the
amount of $17,252.00, 2000 -2001 wastewater collection system improvements,
Year 3. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
Minutes continued, March 24, 2003
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve payment to Schaumburg & Polk, Inc. as follows: $990.00, Wastewater
Treatment Plant discharge permit; $1,122.20, 2002 -2003 collection system
rehabilitation (Year 5); $2,286.40, 2000 -2001 collection system rehabilitation
(Year 3); $344.00, west annexation area water and sewer improvements; and,
$4,309.50, wastewater system improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
9. 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, Neal, Radcliff, and Nugent. Noes: None.
10. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Coalition that the City joined when the
EPA's stormwater rules were adopted has requested additional funding from its
members in the amount of $.05 per capita. The City Attorney added that he feels it
would be in the City's best interest to remain a part of the Coalition. Mr. Wimer also
reported that he sent a letter to TCEQ requesting a public hearing be held concerning
the CNN and water service between the city limits of Nederland and Beaumont along
Hwy. 69. The City Manager informed the Council that the City is contemplating requiring
physical exams when an employee receives a job promotion and /or job change prior to
finalizing the move. He feels this will protect the health of the employee, as well as to
determine their ability to perform the job duties.
11. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Mayor Pro Tem Radcliff to adjourn the meeting at 7:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
NE
LaDonna Floyd, City Clerk
City of Nederland, Texas
,I
, r•
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
03 -24 -03
Date
1
1
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. April 14, 2003
1. MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. 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 March 24, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
3. ORDINANCE
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
approve an Amendment to Ordinance No. 1997 -09, governing telecommunication
i towers. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
4. ELECTION
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve the Certification of Unopposed Candidates as prepared by the City
Clerk for the election scheduled for May 3, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve Ordinance No. 2003 -04, declaring unopposed candidates in the May 3, 2003
General Election elected to office and canceling the election. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
5. RESOLUTIONS
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Sawyer to approve Resolution 2003 -05, supporting the U.S. Armed Forces involved in
"Operation Iraqi Freedom." MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
Minutes continued, April 14, 2003
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
approve Resolution 2003 -06, amending the City's employee benefits plan for compliance
with HIPAA. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
6. POLICIES AND PROCEDURES
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve the City of Nederland Employee Benefits Plan Protected Healthcare
Information Policy and Procedures. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
approve a contract with Hale Benefits Analysis Services, Ltd. (HBAS) in the amount of
$5,000.00, to assist with the preparation and evaluation of bids for employee health
insurance /dental insurance /long term disability insurance. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve a Business Associate Agreement with Hale Benefits Analysis Services, Ltd. As
required by HIPAA regulations. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
BIDS /PROPOSALS
A motion was made by Councilmember Nugent and seconded by Councilmember
Sawyer to authorize the award of bid to Basco Construction, Inc., Nederland, TX, for
framework on the new Animal Shelter in the amount of $12,294.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Mayor Pro Tern Radcliff and seconded by Councilmember
Nugent to approve the purchase and installation of Police Department and Municipal
Court software from Incode, Inc. in the amount of $69,523.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve the purchase of a computer server from Dell in the amount of $6,749.00.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
Minutes continued, April 14, 2003
9. PAYMENTS
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve payments to ALLCO, Inc. as follows: $9,033.90, west annexation water and
sewer improvements, Phase 2; and, $77,289.68, Wastewater Treatment Plant
improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Radcliff to approve the bills for the month of March. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Radcliff, and Nugent. Noes: None.
Absent: Councilmember Neal.
Councilmember Neal arrived at the meeting at 3:41 p.m.
10. UTILITIES
Andre' Wimer, City Manager, gave a brief review of the mediation agreement in the
Texas Gas Service rate case. He stated that TGS will file a supplemental rate package
before June 27, 2003, which will be based on a test year ending December 31, 2002.
Mr. Wimer added that the three cities will be required to adopt a final ratesetting
ordinance on or before 125 days following the June 27th deadline. He further stated that
Auk the consultants feel the new test year will provide a better picture of the rate request.
TGS shall put changed rates into effect based upon its filing of November 15, 2002 by
filing a bond with each of the cities. Each city will be required to review and approve the
bond no later than five days after a legally sufficient bond is filed with the cities.
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve a mediation agreement in the Texas Gas Service rate case.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
11. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
12. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported on the schedule for the concrete raising project.
He also reported that the landfill was open to the public for the first time last Saturday. It
is scheduled to open one Saturday a month during the summer months for green waste
disposal only. Mr. Wimer added that there was a low participation, but feels more
publicity and word of mouth will generate more utilization.
t! ..
v G Minutes continued, April 14, 2003
13. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Mayor Pro Tem Radcliff to adjourn the meeting at 3:57 p.m. MOTION CARRIED.'
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Hohler E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
[1
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Che 1 Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
04 -14 -03
Date
068 AN AMENDMENT TO ORDINANCE NO. 1997-09
AN ORDINANCE OF THE CITY OF NEDERLAND
AMENDING ORDINANCE NO. 1997 -09.
WHEREAS, Ordinance No. 1997 -09, was adopted on August 11, 1997;
WHEREAS, Ordinance No. 1997-09, establishes regulations for the siting of
telecommunications towers;
WHEREAS, Section 3.1 of Ordinance No. 1997 -09 allows that
telecommunications towers shall only be allowed in commercial and industrial districts;
and,
WHEREAS, the Nederland Independent School District (N.I.S.D.) has requested
that it be permitted to construct telecommunications towers on N.I.S.D. property for the
purpose of creating a wireless computer network for use by N.I.S.D.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS,
THAT Section 3.1 shall be amended and shall state:
The tower site shall be allowed in commercial and industrial districts only, except
the Nederland Independent School District (N.I.S.D.) shall be permitted to construct
towers on N.I.S.D. property, regardless of zoning designations, for the sole purpose of
providing telecommunications service for the N.I.S.D. N.I.S.D. shall comply with all
other provisions of Ordinance No. 1997 -09.
PASSED AND APPROVED this the i q day of 2003.
Homer E. Nagel, Mayor^
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City-Clerk�S�
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City A ney
City of Nederland, Texas
1
CERTIFICATION OF UNOPPOSED CANDIDATES
CER TIFICA CION DE CANDIDATOS UNICOS
To: Presiding Officer of Governing Body
Al: Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared, I hereby certify
that the following candidates are unopposed for election to office for the election
scheduled to be held on May 3, 2003.
Como autoridad a cargo de la preparaci6n de la boleta de votaci6n oficial, por la
presente ertifico que los siguientes candidatos son candidatos rinicos para elecci6n
para un cargo en a eleccion que se llevard a Cabo el 3 de mavo, 2003.
List offices and names of candidates:
Lista de cargos y nombres de los candidates:
Office(s) Cargo(s)
Council Ward I
Council Ward III
O "
Signature (Firma)
LaDonna Floyd
Printed name (Nombre en Tetra de molde)
City Clerk
Title (Puesto)
March 25, 2003
Date of signing (Fecha de firma)
Candidate(s) Candidato(s)
Robert Sawyer
Judy Radcliff
(Seal) (sello)
Go- 1-0
f`
CITY OF NEDERLAND
ORDINANCE NO. 2003 -04
AN ORDINANCE DECLARING UNOPPOSED
CANDIDATES IN THE MAY 3, 2003 GENERAL CITY
ELECTION ELECTED TO OFFICE; CANCELING THE
ELECTION; PROVIDING A SEVERABIL-ITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general city election was called for May 3, 2003, for the purpose
of electing members to the City Council; and
WHEREAS, the city clerk has certified in writing that there is no proposition on
the ballot, that no person has made a declaration of write -in candidacy, and that each
candidate on the ballot is unopposed for election to office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election
Code, authorizes the City Council to declare the candidates elected to office and cancel
the election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS .
Section 1. The following candidates, who are unopposed in the May 3, 2003,
general city election, are declared elected to office, and shall be issued certificates of
election following the time the election would have been canvassed:
Council Ward I Robert Sawyer
Council Ward III Judy Radcliff
Section 2. The May 3, 2003, general election is canceled, and the city clerk is
directed to cause a copy of this ordinance to be posted on election day at each polling
place that would have been used in the election.
Section 3. It is declared to be the intend of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph, or section of this ordinance is declared invalid by
the judgment or decree of a court of competent jurisdiction, the invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, or sections of this
ordinance since the City Council would have enacted them without the invalid portion.
1
Section 4. This ordinance shall take effect upon it final passage, and it is so
ordained.
PASSED AND APPROVED this the 14th day of April, 2003.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
'✓ � C�i lvwh v �. � .0 c�.t
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
ichard D. Hughes, ty Attorney
City of Nederland, Texas
061
l7Ci -:
CITY OF NEDERLAND
RESOLUTION NO. 2003-05
A RESOLUTION SUPPORTING THE UNITED STATES
ARMED FORCES INVOLVED IN "OPERATION IRAQI
FREEDOM" AND THE PRESIDENT OF THE UNITED
STATES, GEORGE W. BUSH.
WHEREAS, we recognize that while war is a horrible event, we understand that the threat to
the United States in the form of a terrorist attack with weapons of mass destruction supplied by
Iraq to terrorist groups, is a real threat that had to be dealt with; and
WHEREAS, twelve years of United Nations resolutions have had no real effect on the
disarmament of Iraq, and therefore, as a last resort, the President made the decision that the use
of force was necessary to insure our national security; and
WHEREAS, we express our gratitude to the 225,000 troops assembled for the assault; and
express our support for President George W. Bush as Commander -in- Chief; praise for British
Prime Minister Tony Blair, as our staunch ally, and further express our thanks to Great Brittain,
together with the over forty other nations backing the effort of the United States; and
WHEREAS, we recognize the families in the City of Nederland who have loved ones and
friends in our military service who are in harms way in Iraq, Afghanistan, and those who are
serving to protect our Homeland at this time from further terrorist attack; and
WHEREAS, we pray for the safety of our Armed Forces, and for the safety of the innocent
Iraqi people for whom our Armed Forces are moving with force to liberate from the evil regime
of Saddam Hussein.
1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF '
NEDERLAND, TEXAS:
SECTION 1: THAT the City Council of the City of Nederland, Texas, in a regular
meeting duly convened and acting in its capacity as the governing body of the City of
Nederland, Texas, expresses its support of our Armed Forces involved in "Operation Iraqi
Freedom; and express our support for the President of the United States, George W. Bush, as
Commander -in- Chief.
SECTION 2: THAT a copy of this Resolution be furnished to the President, George
W. Bush, and the Honorable Donald H. Rumsfeld, Secretary of Defense, to apprise them of our
appreciation and support.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Nederland, Texas held on this 10 day of April, 2003.
CITY OF NEDERLAND, TEXAS
Homer E. Nagel, Mayor
ATTEST:
LaDonna Floyd, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Richard. D. Hughes, Ci Attorney
CITY OF NEDERLAND
RESOLUTION NO. 2013-01
A RESOLUTION AMENDING THE CITY OF
NEDERLAND EMPLOYEE BENEFIT PLAN IN ORDER
TO COMPLY WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY (HIPAA)
STANDARDS FOR PRIVACY OF INDIVIDUALLY
IDENTIFIABLE HEALTH INFORMATION.
WHEREAS, the City of Nederland ( "Plan Sponsor ") established a group health plan for its
employees.
WHEREAS, on August 9, 2002, the Department of Health and Human Services released
substantial modifications to its rule establishing "Standards for Privacy of Individually
Identifiable Health Information" (the "Rule ").
WHEREAS, the Plan Sponsor wishes to amend the Plan in order to bring the Plan into
compliance with the Rule.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS THAT:
In consideration of the Recitals, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Incorooration. The Recitals are hereby incorporated and made a part hereof as if
fully restated herein.
2. Disclosure of Information.
a. Plan Sponsor may only use and/or disclose Protected Health Information (as
such term is defined in 45 C.F.R. § 164.501) as permitted by the Rule.
b. The Plan will disclose Protected Health Information to the Plan Sponsor only
upon its receipt of a certification by the Plan Sponsor that the Plan has been
amended to incorporate the following provisions and that the Plan sponsor
agrees to:
(i) Not use or further disclose the information other than as permitted or
required by the plan documents or as required by law;
(ii) Ensure that any agents, including a subcontractor, to whom it provides
Protected Health Information received from the Plan agree to the same
restrictions and conditions that apply to the Plan Sponsor with respect to
such information;
(iii) Not use or disclose the Protected Health Information for employment -
related actions and decisions or in connection with any other benefit or
employee benefit plan of the Plan Sponsor;
(iv) Report to the Plan any use or disclosure of the Protected Health
Information that is inconsistent with the uses or disclosures permitted by
the Rule ofwhich it becomes aware;
(v) Make available Protected Health Information in accordance with 45
C.F.R. §164.524;(vi) Make available Protected Health Information for
amendment and incorporate any amendments to Protected Health
Information in accordance with 45 C.F.R. §164.526;
(vi) Make available the information required to provide an accounting of
disclosures in accordance with 45 C.F.R. § 164.528;
(vii) Make its internal practices, books, and records relating to the use and
disclosure of Protected Health Information received from the Plan
available to the Secretary for purposes of determining compliance by the
Plan with the Rule;
1 1 1
u; u4
(viii)If feasible, return or destroy all Protected Health Information
received from the Plan that the Plan Sponsor still maintains in any form
and retains no copies of such information when no longer needed for the
purpose for which disclosure was made, except that, if such return or
destruction is not feasible, limit further uses and disclosures to those
purposes that make the return or destruction of the information infeasible;
and
(ix) Ensure that separation of the plan and plan sponsor as indicated
below.
Separation of Plan and Plan Sponsor.
a. Only the following types of employees under the control of the Plan Sponsor
will be given access to the Protected Health Information: Assistant to the City
Manager ( "Permitted Employees "). Provided, however, that any employee or
person not described above who receives Protected Health Information relating
to payments under, health care operations of, or other matters pertaining to the
Plan in the ordinary course of business, will also be included in the definition
above of Permitted Employees.
b. The Permitted Employees may only use the Protected Health Information for
Plan administrative functions that the Plan Sponsor performs for the Plan.
4. Conflict.
The provisions of the Plan, as modified hereby, will remain in full force and
effect. If any provision of the Plan conflicts with a provision of this
Resolution, this Resolution will control.
PASSED APPROVED AND ADOPTED b the City Council of the City of Nederland '
Y tY h' ,
Texas, on this 14th day of April, 2003.
CITY OF NEDERLAND, TEXAS
Homer E. Nagel, Mayor
ATTEST:
CAW,.
LaDonna Floyd, City Clerk
APPROVED AS TO FORM AND LEGALITY:
'chard. D. ughes ity Attorney
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. April 28, 2003
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by Councilmember
Nugent to approve the minutes of the April 14, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. REQUEST
Dr. Rita Carriker Fields, 2304 Canal, addressed the Council relative to the placement of
a picture of her father, Guy Carriker, in City Hall. Mr. Carriker was the City Attorney from
1949 -1961, and she feels since W. E. Sanderson's, City Attorney from 1961 -1994,
picture is currently hanging in City Hall that her father deserves the same honor. Dr.
Fields stated that she had approached city staff relative to this request over a year ago
and the picture has still not been displayed.
Mayor Nagel responded that he did have the picture in his office and takes full
responsibility for the situation. When he first received it he informed staff that he would
discuss the matter with Dr. Fields when she returned to City Hall. He added that she
never came back to City Hall and due to the length of time he forgot about the request.
Mayor Nagel stated that there have only been four pictures to ever hang in City Hall —
Johnny Cormier, Fire Chief; D. Bob Henson, City Manager; Howard McDaniel, City
Manager; and W. E. Sanderson, City Attorney. All of the portraits were hung on a
temporary basis and for some reason Mr. Sanderson's has remained hanging the
longest time. He suggested that city staff present a written policy regarding the
placement of employee pictures to Council sometime during the next few months for
consideration. Mayor Nagel also stated that in fairness we should contact the remaining
City Attorneys relative to procuring a photograph of them to be placed in the building.
He suggested that City Attorney pictures be placed in the Municipal Court Room.
Louise Roach, 1720 Elgin, suggested that due to the misunderstanding of Mr. Carriker's
picture it would only be fair to place his on an easel in the foyer of City Hall for a period
of one month.
Minutes continued, April 28, 2003
A motion was made by Mayor Pro Tem Radcliff and seconded by Councilmember
Sawyer to approve the request of Dr. Rita Fields to place her father's picture in City Hall
on an easel for a period of one month at which time it will be relocated to the Municipal
Court Room along with all pictures of former city attorneys; and, to form a committee of
city staff to write a policy for the placement of employee pictures in city buildings. I,
MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
INVESTMENT REPORT
Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the
quarter ending March 31, 2003.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to accept
the Quarterly Investment Report as presented. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ORDINANCE
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve an Amendment to Ordinance No. 164, setting Council meeting dates from May
6, 2003 through April 26, 2004. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve an Interlocal Cooperation Agreement with Jefferson County pursuant to HB
1445. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
WATER AND SEWER
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Radcliff to postpone accepting water and sewer improvements in the west annexation
area. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept
a water and sewer line near the Pipefittters Local 195 along Highway 69. MOTION
CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, April 28, 2003
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to accept
a force main under Highway 69 near Parkway Village. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payments to Schaumburg & Polk, Inc. as follows: $3,966.22, South 5th Street
sewer rehabilitation; $5,411.00, Regional Water Supply Study; $1,098.39, 2002 -2003
wastewater collection system rehabilitation (Year 5); $1,741.84, 2000 -2001 wastewater
collection system rehabilitation (Year 3); and, $2,225.86, wastewater system
improvements (Wastewater Treatment Plant). MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Nugent and seconded by Mayor Pro Tern
Radcliff to approve payment to ALLCO, Inc. in the amount of $16,131.95, west
annexation water and sewer improvements, Phase 2. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilmember Nugent to
approve payments to Brystar Contracting, Inc. as follows: $56,227.65, 2000 -2001
wastewater collection system rehabilitation (Year 3); and, $52,088.33, 2000 2001
wastewater collection system rehabilitation (Year 3), final; and to accept the project and
release the retainage. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Radcliff and seconded by Mayor Nagel to
approve payments to d.p. Consulting Engineers, Inc. as follows: $1,999.80, upper Main
"C" drainage improvements; and, $2,005.00, Boston Avenue landscaping project.
MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. EXECUTIVE SESSION
The regular meeting was recessed at 6:55 p.m. by Mayor Nagel for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.074, 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.; litigation against KSA Engineer, Inc.
and ALLCO, Inc. regarding Water Treatment Plant; Greg Sterling v. City of Nederland
and Nederland Fire Fighter Civil Service Commission; Prosun Services, L.L.C. v. City of
Nederland, et al; and consultation with City Attorney.
)v I
0 6 S Minutes continued, April 28, 2003
10. RECONVENE
The regular meeting was reconvened at 8:01 p.m. by Mayor Nagel. He announced that
the Executive Session was held for informational purposes only. IV,
11, OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that through the South East Texas Planning
Commission the Texas Department of Transportation has funds for new traffic signals.
He added that he will place the submission of a (project to replace the signals at 14th
Street at Nederland Avenue, and 2151 Street at Nederland Avenue for Council approval.
12. CITIZEN COMMENTS
Jeff Darby, 1515 — 26th Street, stated that he has heard rumors that the City of
Nederland will be contracting out the garbage service, and if this is true he wanted to
voice his opposition. Mayor Nagel responded that the Council could not comment on
any matters not specifically listed on the agenda, but encouraged him to contact City
staff with questions or be placed on a future agenda.
Judy Banner, 323 — 36th Street, also stated that she is opposed to contracting out
garbage service to a private company.
Lisa Hopkins, 3208 Callaway, added that she too is opposed to the contracting out of
garbage service.
13. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Mayor Pro Tern Radcliff to adjourn the meeting at 8:12 p.m. MOTION CARRIED.
Ayes: Mayor Nagel and Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
.�ttnapmomrrrrrmy
City of Nederland, Texas ,. <.� NF_p`9.,,,���
BY • • '=
1
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, �llayor
LaDonna Floyd, City Cle k
04 -28 -03
Date
63,
W 7 � , , Ir/1
hivestment Report
For the Quarter Ending March 31, 2003
Homer E. Nagel, Mayor
Judy Radcliff, Mayor pro tern
Robert Sawyer, Councilmember
Billy Neal, Councflmember
R.A. Tick' Nugent, Counciimember
This report has been prepared in accordance with the Public Funds Investment Act (Section
2256.023, Government Code), which requires that a quarterly report be submitted to City
Council detailing investment transactions and performance for the reporting period.
Submitted by the Investment Officers of the City ofNederland
l
Andre' Winger, City Manager
"Programmed for Progress"
1
i
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2003
Investments at Beginning of Period (1 -1 -03)
Purchases
Maturities
Investments at End of Period (3- 31 -03)
Maturity Summary at March 31, 2003
$6,630,015.26
2,182,372.75
2,161,157.30
$6,651,230.71
E3 Less than 3 months
0 9 to 12 months
U i1
U i City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending March 31, 2003
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
SSES Fund
Drainage Construction Fund
Police Narcotics Fund
SRF Escrow & Construction Funds
MCML Dispatch
Equipment Replacement Fund
Parks & Recreation Special Fund
Bond Redemption Fund
Balance @
Balance @
1 -1 -03
Purchases
Maturities
3 -31 -03
$3,452,829.42
$11,554.32
$3,464,383.74
28,429.66
10,061.66
10,000.00
28,491.32
1,047,039.77
3,503.73
1,050,543.50
10,100.64
33.79
10,134.43
678.69
2.30
680.99
756,972.92
2,533.10
759,506.02
0.00
0.00
0.00
0.00
39,054.92
130.68
39,185.60
1,228,843.94
2,154,332.36
2,151,157.30
1,232,019.00
618.82
1.93
620.75
48.59
0.11
48.70
21.12
21.12
65,376.77
218.77
65,595.54
$6,630,015.26
$2,182,372.75
$2,161,157.30
$6,651,230.71
I
1
L
U ( J
Investment Report Schedule
Investments for the Quarter ended March 31, 2003
CERTIFICATES OF DEPOSIT
1
Interest Earned for
Certificate Purchase
Maturity Days to
Interest
Quarter ended
Number Date
Date be held
Rate
Face Amount
March 31, 2003
Maturing during quarter ended March 31, 2003
Library Special Fund 471932 01/02/02
01/02/03 365
1.78%
10,000.00
$1.50
SRF Escrow Fund 388292 12/02/02
01/13/03 42
1.17%
1,074,854.64
448.40
SRF Escrow Fund 947011 01/13/03
02/19/03 37
1.11%
1,076,302.66
1,211.72
Interest Earnings on Matured CDs for quarter ended
March 31, 2003
$1,661.62
Held at March 31, 2003
Library Special Fund 253040 01/03/03
01/03/04 365
1.22%
10,000.00
$29.26
SRF Escrow Fund 564857 02/19/03
04/15/03 55
1.14%
1,077,514.38
1,347.29
Interest Earnings on CDs held at March 31, 2003
1,376.55
Total Interest Earned on CDs for the quarter ended March 31, 2003
$3.038.17
'
Total Certificates of Deposit held at March 31, 2003
$ 1,084,854.64
1
Investment Report Schedule
Investments for the Quarter ended March 31, 2003
INVESTMENT POOL - TEXPOOL
Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
01/01/03
03/31/03
1
1.36%
$3,452,829.42
$11,554.32
$3,464,383.74
Water & Sewer
01/01/03
03/31/03
1
1.36%
1,047,039.77
3,503.73
1,050,543.50
Parks & Rec. Fund
01/01/03
03/31/03
1
1.36%
21.12
0.00
21.12
Bond Redemp.
01/01/03
03/31/03
1
1.36%
65,376.77
218.77
65,595.54
Capital Outlay Fund
01/01/03
03/31/03
1
1.36%
756,972.92
2,533.10
759,506.02
Motel Occupancy
01/01/03
03/31/03
1
1.36%
10,100.64
33.79
10,134.43
Library Special
01/01/03
03/31/03
1
1.36%
18,429.66
61.66
18,491.32
Solid Waste Fund
01/01/03
03/31/03
1
1.36%
678.69
2.30
680.99
SRF Construction Fund
01/01/03
03/31/03
1
1.36%
153,989.30
515.32
154,504.62
MCML Dispatch
01/01/03
03/31/03
1
1.36%
618.82
1.93
620.75
Equipment Replacement Fun(
01/01/03
03/31/03
1
1.36%
48.59
0.11
48.70
Police Narcotic Fund
01/01/03
03/31/03
1
1.36%
39,054.92
130.68
39,185.60
Totals for TEXPOOL Investments $5,545,160.62 $18,555.71 $5,563,716.33
1
1
Investment Report Schedule
Investments for the Quarter
ended March 31, 2003
INTEREST EARNED ON DEMAND
DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate
March 31, 2003
Bond Redemp.
01/01/03
03/31/03
1
1.29%
134.30
Capital Outlay Fund
01/01/03
03/31/03
1
1.29%
(80.43)
Court Technology Fund
01/01/03
03/31/03
1
1.29%
9.47
Drainage Construction Fund
01/01/03
03/31/03
1
1.29%
1,509.35
Equipment Replacement Funds
01/01/03
03/31/03
1
1.29%
96.37
General Fund
01/01/03
03/31/03
1
1.29%
1,773.97
Library Special
01/01/03
03/31/03
1
1.29%
16.19
MCML Dispatch
01/01/03
03/31/03
1
1.29%
(3.65)
Motel Occupancy
01/01/03
03/31/03
1
1.29%
(0.87)
Nederland Economic Development
01/01/03
03/31/03
1
1.29%
5,881.27
Parks & Rec. Fund
01/01/03
03/31/03
1
1.29%
1.59
Police Narcotic Fund
01/01/03
03/31/03
1
1.29%
72.41
Solid Waste Fund
01/01/03
03/31/03
1
1.29%
217.11
SRF Construction & Escrow Funds
01/01/03
03/31/03
1
1.29%
3,516.60
SSES Fund
01/01/03
03/31/03
1
1.29%
941.82
W & S Certificate Fund
01/01/03
03/31/03
1
1.29%
58.33
Water & Sewer
01/01/03
03/31/03
1
1.29%
801.60
'
$14,945.43
1
076
Investment Report Schedule
March 31, 2003
Interest Earnings for Quarter Ended March 31, 2003
Bond Redemption Fund
$353.07
Capital Outlay
2,452.67
Court Technology Fund
9.47
Drainage Construction Fund
1,509.35
Equipment Replacement Funds
96.48
General Fund
13,328.29
Library Special Fund
108.61
MCML Dispatch
(1.72)
Motel Occupancy Tax Fund
32.92
Nederland Economic Development
5,881.27
Parks & Recreation Special Fund
1.59
Police Narcotic Account
203.09
Solid Waste Fund
219.41
SRF Escrow & Construction Funds
7,039.33
SSES Fund
941.82
W & S Certificate Fund
58.33
Water Fund
4,305.33
$36,539.31 '
11
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL
MEETINGS TO BE HELD FROM MAY 6, 2003 THROUGH APRIL
26, 2004.
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 6, 2003
June 9, 2003
July 14, 2003
August 11, 2003
September 8, 2003
October 13, 2003
November 10, 2003
December 8, 2003
January 12, 2004
February 9, 2004
March 8, 2004
April 12, 2004
The remainder of the meetings shall begin at 6:00 p.m. on the following dates:
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 281" day of
April, 2003.
r�
Homer E. Nagel, Mayo
City of Nederland, Texas
ATTEST:
CX1,41
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Ottomey
City of Nederland, Texas
tif^!
May 19, 2003
June 2003
July 288, , 2003
August 25, 2003
September 22, 2003
October 27, 2003
November 24, 2003
December 15, 2003
January 26, 2004
February 23, 2004
March 22, 2004
April 26, 2004
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 281" day of
April, 2003.
r�
Homer E. Nagel, Mayo
City of Nederland, Texas
ATTEST:
CX1,41
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Ottomey
City of Nederland, Texas
tif^!
r. /
U i J
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT ( "ICA ") is entered into and in
accordance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government
Code, and Texas Local Government Code §242.001, as amended by House Bill 1445. ( "H.B. 1445 "),
enacted by the Texas Legislature during its 77`h Legislative Session and effective September 1, 2001, by
and between the City of Nederland, Texas ( "City"), a political subdivision of the State of Texas, and the
Jefferson County, Texas ( "County"), also a political subdivision of the State of Texas.
Recitals
WHEREAS, prior to the enactment of H.B. 1445, Texas Local Government Code §242.001
authorized the City and the County to exercise concurrent jurisdiction over the platting process required
upon the subdivision of land within the City's Extraterritorial Jurisdiction ( "ETJ ") located within the
County; and
WHEREAS, H.B. 1445 amends Texas Local Government Code §242.001 to require that the
City and County agree to a means whereby only one governmental agency will have jurisdiction to
oversee and regulate the platting processes and related permits within a municipality's ETJ; and
WHEREAS, the Interlocal Cooperation Act allows local governments to contract with one I
another to perform governmental functions such as platting and approval of related permits; and
WHEREAS, City and County mutually desire to be subject to the provisions of the Texas
Government Code, Chapter 791, the Interlocal Cooperation Act, specifically §791.011 regarding
contracts to perform governmental functions and services; and
WHEREAS, H.B. 1445 requires City and County to enter into a written agreement that identifies
the governmental entity authorized to regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction ( "ETJ ") of City; and
WHEREAS, both City and County desire that County be granted such exclusive jurisdiction to
regulate subdivision plats and approve related permits in City's ETJ under Chapter A of Chapter 212 of
the Texas Local Government Code and other statutes applicable to municipalities, all of which is
provided for in the Interlocal Cooperation Act and H.B. 1445.
NOW, THEREFORE, City and County, for the mutual consideration stated herein, agree and
understand as follows:
Agreements
1. County Granted Exclusive Jurisdiction. County shall be granted exclusive jurisdiction to
regulate all subdivision plats and approve all related permits in City's ETJ and may regulate
subdivisions under Chapter A of Chapter 212 of the Texas Local Government Code and other
statutes applicable to municipalities, and City shall no longer exercise any of these functions in
City's ETJ.
ul�
2. ETJDefined. For the purposes of this agreement, the City's ETJ is described by the area
indicated on Exhibit A, attached hereto and made part hereof by this reference. The recognition of the
ETJ shall not be deemed an admission by the City or the County in any dispute with any other person or
municipality regarding the boundaries of the City's ETJ.
3. ETJExpansion of Reduction. Should City expand or reduce its ETJ, City shall notify the
County of such expansion or reduction within thirty (30) days by sending a copy of the applicable
ordinance. Upon receipt of the ordinance, the County will revise the City's ETJ on its GIS system,
revise Exhibit A, submit the revised Exhibit A to the Commissioners Court for approval and, after
approved, forward a copy to the City. Receipt by the City of the revised Exhibit A from the County
shall be deemed an amendment to this ICA by the parties pursuant to Texas Local Government Code
§242.001(c). The date the City receives Exhibit A shall be the "Date of Amendment" for the purposes
of this ICA. In the event that City's ETJ should expand or reduce such that the expansion or reduction
of ETJ necessitates the amendment of this Agreement, both City and County agree that County shall
continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in
its ETJ, and to regulate subdivisions under Subchapter A of Chapter 212 of the Texas Local
Government Code and other statutes applicable to municipalities, until this Agreement is amended to
take into account such ETJ expansion or reduction.
4. Notice of Approved Plats. The County shall notify the City of the approval of a plat. A
copy of the approved plat and any engineering plans shall be sent to the City of Nederland Inspections
Department, P. O. Box 967, Nederland TX 77627. The copies of approved plats shall be sent to the
'City within thirty (3 0) days of the County's approval. If available to the County, the approved plat and
engineering plans may be sent on floppy disks or CD -rom in a format compatible with the City s GIS
system, compatible formats being .dwg, .dxf, or slip. in a stateplane NAD83. After notice of approval is
given, the County shall assign addresses to each lot within an approved subdivision.
5. Plats Effected. The plats which will be subject to this ICA are those that will be filed
after the Effective Date, as defined herein, of this ICA. If the ETJ is expanded or reduced, plats must be
filed with the party who has jurisdiction after the Date of Amendment. The party receiving an
application for a plat approval for which the party has no jurisdiction may either direct the developer to
the appropriate office or forward the application. Any rights accruing to a person under Texas Local
Government Code Chapter 245 shall not be affected.
6. Collection of Fees and Costs. All costs involved with the approval of subdivision plats
including but not limited to engineering reviews, inspections of public improvements, under this ICA
shall be borne by the County and payable out of current revenues available to it. All fees collected by
the County shall be retained by the County.
7. Effective Date. The Effective Date shall be the date upon which both parties have
approved and fully executed this ICA.
8. Applicable Regulations. The subdivision rules and regulations currently enacted by the
County and extended to the ETJ and hereby established as the set of regulations to be enforced by the
County in the ETJ. Any amendments to either party's subdivision rules and regulations shall be sent to
the other party pursuant to Section 9(e) below.
n,
9. Miscellaneous Provisions.
(a) This Agreement expresses the entire agreement between the parties hereto regarding the
subject matter contained herein and may not be modified or amended except by written
agreement duly executed by both parties.
(b) This Agreement has been duly and properly approved by each party's governing body
and constitutes a binding obligation on each party.
(c) This Agreement shall be construed in accordance with the laws of the State of Texas and
venue for all purposes hereunder shall be in Jefferson County, Texas.
(d) If any provision hereof is determined by any court of competent jurisdiction to be
invalid, illegal or unenforceable, such provision shall be fully severable herefrom and
this Agreement shall be construed and enforced as if such invalid, illegal or
unenforceable provision never comprised a part hereof; and the remaining provisions
shall continue in full force and effect.
(e) All notices required to be given by virtue of this ICA shall be addressed as follows and
delivered by certified mail, postage prepaid or by hand delivery:
City: Mr. Andr6 Wimer
City Manager
City of Nederland
P O Box 967
Nederland TX 77627
LJ
County: The Honorable Carl Griffith
Jefferson County Judge
P O Box 4025
Beaumont TX 77704
(f) This ICA is not intended to extend the liability of the parties beyond that provided by
law. Neither the City nor the County waives any immunity or defense that would
otherwise be available to it against claims by third parties.
APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS in its
meeting held on the o2 8 day of C", d , 2003, and executed by it authorized
representative.
CITY OF NEDERLAND, TEXAS
By:
Titl
ATTEST:
C:�Q.Qo ---,I,o
City Clerk
APPROVED AS TO FORM AND LEGALITY
City Attorney
APPROVED BY THE COMMIS SIONE S COURT FOR JEFFERSON COUNTY, TEXAS
'in its meeting held on the � day of _ 20Q5, and executed by its
authorized representative.
ATTEST:
County Clerk
APPROVED AS TO FORM AND LEGALITY:
JEFFERSON COUNTY, TEXAS
By:
'-82
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. May 6, 2003
MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve the minutes of the April 28, 2003 meeting as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, and Neal. Noes: None.
Absent: Mayor Pro Tern Radcliff and Councilmember Nugent.
3. RESOLUTION
A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve
Resolution No. 2003 -07, supporting full funding of regional 9 -1 -1 service. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, and Neal. Noes: None.
Absent: Mayor Pro Tern Radcliff and Councilmember Nugent.
Pete Delacruz, South East Texas Regional Planning Commission, thanked the Council
for their support. He explained the funding process for this project, and added that they
are currently working on the ability to determine the location of an emergency call made
from a cell phone. Mr. Delacruz stated that this area's 9 -1 -1 service is one of the most
modern in the country with very skilled and knowledgeable workers.
4. ORDINANCE
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve an Amendment to Ordinance No. 107, authorizing a "no left turn" area near the
intersection of 27th Street and Helena Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, and Neal. Noes: None.
Absent: Mayor Pro Tern Radcliff and Councilmember Nugent.
5. GRANTS
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
approve the submission of intersection projects to the South East Texas Regional
Planning Commission for 14th Street @ Boston Avenue; 14th Street @ Nederland
Avenue; and, 21" Street @ Nederland Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, and Neal. Noes: None.
Absent: Mayor Pro Tern Radcliff and Councilmember Nugent.
Minutes continued, May 6, 2003
Mayor Pro Tern Radcliff arrived at the meeting at 3:15 p.m.
6. ELECTION
LaDonna Floyd, City Clerk, administered the Oath of Office to Robert Sawyer and Judy
Radcliff.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Radcliff to
continue the practice of rotating the position of Mayor Pro Tern by allowing each ward to
serve a one year term; and, to elect R. A. "Dick" Nugent as the Mayor Pro Tern for this
term. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
SOLID WASTE
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to authorize Request for Proposals for solid waste collection services. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
8. WATER AND SEWER
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to accept
the water and sewer improvements in the west annexation area. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent
9. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve the bills for the month of April, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None,
Absent: Councilmember Nugent
10. 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, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent
,,
Minutes continued, May 6, 2003
e. U<
11. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, gave a brief report on deregulation. He stated that the
PUC has received many more complaints since deregulation went into effect, such as
incorrect bills and request for service taking longer. Although our area has not been
affected by deregulation it appears that things are not working in other areas as had
promised.
12. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the meeting at 3:45 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent
Homer E. Nagel, Mayo
City of Nederland, Texas
ATTEST:
0, 2---L ,
LaDonna Floyd, City Clerk'
City of Nederland, Texas
LAND �``\3
D
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
C OJl oMri 4
LaDonna Floyd, City Cleilk
05 -06 -03
Date
005
U l.i
CITY OF NEDERLAND
RESOLUTION NO. 2003-07
A RESOLUTION SUPPORTING FULL FUNDING OF
REGIONAL 9 -1 -1 SERVICE.
WHEREAS, the South East Texas Regional Planning Commission ( SETRPC) was
charged with developing and implementing a regional 9 -1 -1 system in Hardin, Jefferson and
Orange counties; and
WHEREAS, SETRPC has administered and maintained the regional 9 -1 -1 system since
beginning service in 1991; and
WHEREAS, the SETRPC regional 9 -1 -1 system operates under Chapter 771 of the
Texas Health and Safety Code, which authorized the Commission on State Emergency
Communications (CSEC) to establish a funding structure for the operation of regional 9 -1 -1
systems; and
WHEREAS, the funding structure places a monthly service fee of $0.50 per telephone
access line and an equalization surcharge applied against intrastate long distance calls on
citizens telephone bills; and
WHEREAS, in 1997 the legislature authorized the Commission to impose a $0.50
monthly fee on each wireless phone line; and
WHEREAS, officials and residents in Hardin, Jefferson and Orange counties had the
understanding that the funds generated from the $0.50 monthly service fee would be returned to '
SETRPC for administration of the regional 9 -1 -1 system; and
WHEREAS, SETRPC is not receiving full reimbursement of funding for regional 9 -1 -1
services, portions of service fee funds are being held in a dedicated fund by the State, and
service demands continue to increase; and
WHEREAS, 9 -1 -1 plays a crucial role in public safety as it provides citizens with a
vital link to emergency assistance during any man-made or natural disaster; and
WHEREAS, the City of Nederland does not desire to see its citizens suffer from
diminished 9 -1 -1 service or the lack of new technologies necessary for the protection of its
citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS THAT:
The City Council agrees to:
1. Work with legislative representatives in support of protecting all funds generated for
9 -1 -1 service;
2. Promote the full return of funding generated from 9 -1 -1 service fees to the region;
3. Support SETRPC and CSEC in funding requests for FY 2004/2005 for planning,
capital equipment improvements, wireless location technologies, development,
provision and enhancement 9 -1 -1 services; and
4. Join other regional partners in support of full funding of regional 9 -1 -1 service.
./ .J
Mks REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. May 19, 2003
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve the minutes of the May 6, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. PROCLAMATION
Mayor Nagel presented a proclamation to Darrell Bush, Assistant Emergency
Management Director, declaring May 18 -24, 2003 as "Hurricane Awareness Week" in
Nederland. Mr. Bush thanked the Council for their support in hurricane preparedness,
which is vital to all citizens and businesses.
A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve
a proclamation declaring May 18 -24, 2003 as "Hurricane Awareness Week" in
Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. PUBLIC HEARING
The regular meeting was recessed and a Joint Public Hearing with the Planning and
Zoning Commission was called to order at 6:03 p.m. by Mayor Nagel for the purpose of
receiving questions and /or comments regarding the rezoning of the property described
as Lot 7, Block 2, Tracts 1 -5 and Lot 8, Block 2, and Lot 1, Block 2, Tracts 3 and 5, fo
the Smith - Hodgson - Bigelow Addition, from residential to medium industrial. Members of
the Planning and Zoning Commission present were Tim Sheffield, Jack Porter, and
Kenneth Mitchell.
There being no questions and /or comments the Joint Public Hearing was adjourned and
the regular meeting was reconvened at 6:05 p.m. by Mayor Nagel.
Minutes continued, May 19, 2003
5. ZONING
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to authorize the rezoning of property described as Lot 7, Block 2, Tracts 1 -5, and Lot 8,
Block 2, and Lot 1, Block 2, Tracts 3 and 5, of the Smith - Hodgson - Bigelow Addition,
from residential to medium industrial. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. LIBRARY
A motion was made by Mayor Pro Tem Nugent and seconded by Councilmember
Radcliff to authorize the Marion & Ed Hughes Library to participate in the Tex Share
Library Program. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
7. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to authorize an amendment to the Solid Waste Disposal Contract, allowing assignment
of the right to receive payments to Allied Receivables Funding, Inc. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
INSURANCE
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
authorize request for bids for employee health insurance, dental insurance, and long
term disability insurance. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payment to Brystar Contracting, Inc. in the amount of $89,982.07, wastewater
collection system improvements (Year 4 and 5). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Nugent
to approve payments to Schaumburg & Polk, Inc. as follows: $240.00, west annexation
area water and sewer improvements; $1,062.00, wastewater system improvements
(Treatment Plant); $3,553.88, regional water study; $3,117.50, South 5th Street sewer
line rehabilitation; $1,483.76, 2000 -2001 collection system rehabilitation (Year 3); and,
$3,490.72, 2002 -2003 collection system rehabilitation (Year 5). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, May 19, 2003
10. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Nederland, Texas, on this 6a' day of May, 2003.
CITY OF NEDERLAND, TEXAS
Homer E. Nagel, Mayor
ATTEST:
LaDonna Floyd, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Richard. D. Hughes, City Attorney
092
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel-
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Mana er
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor"
[o um Lam, C-1 �/s=!�a$
LaDonna Floyd, City Clerk
05 -19 -03
Date
LaDonna Floy , i
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. June 9, 2003
1. MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the minutes of the May 19, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. RESOLUTION
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve Resolution 2003 -08, supporting the naming of the overpass at Hwy. 365 and
Hwy. 347 in honor of former Port Neches Mayor Francis Monk. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. CONTRACTS /AGREEMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Neal to authorize
the renewal of an agreement with Interface EAP for the employee assistance program.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve a Business Associate Agreement with CompLink, L.P. as required by
HIPAA regulations. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve a proposal from DSR & Associates for water tower inspection in the
amount of $3,300.00. MOTION CARRIED.
Ll Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, June 9, 2003
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to approve a City Manager employment agreement between the City of Nederland and
Andre' Wimer. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None. 11
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve a pipeline easement with Manta Ray Gathering Company, L.L.C. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
BIDS /PROPOSALS
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Nugent to authorize advertisement of bids for replacement of the South 5th Street sewer
line to be received July 1, 2003 at 2 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. GRANTS
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve funding from the Local Grant Program, Texas Division of Emergency
Management. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
CHANGE ORDER
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve Change Order No. 5 with ALLCO, Inc. for Wastewater Treatment Plant
improvements, requesting extension of contract time. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. PAYMENTS
A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to
approve payment to d.p. Consulting Engineers, Inc. in the amount of $2,004.20, upper
Main "C" drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
s
pi
Minutes continued, June 9, 2003
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve payment to ALLCO, Inc. in the amount of $231,751.44, Wastewater Treatment
Plant improvements; accept the completed work; and, authorize partial release of
retainage of the completed work. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, 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 May, 2003. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
EXECUTIVE SESSION
The regular meeting was recessed at 3:30 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.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment
Plant; Greg Sterling v. City of Nederland and Nederland Fire Fighter Civil Service
Commission; Prosun Services, L.L.C. v. City of Nederland, et al; and, consultation with
City Attorney.
10. RECONVENE
The regular meeting was reconvened at 4:33 p.m. by Mayor Nagel. He announced that
the Executive Session was held for informational purposes only.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to accept
the compromise settlement with Greg Sterling contingent upon approval by the Civil
Service Commission. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
11. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Boston Avenue project should begin in
July. He also reported that the City is expecting approximately $46,000 in federal
funding to be used in the fight against terrorism. Mr. Wimer announced that this year's
Summer Recreation Program has approximately 486 children registered.
t
i Minutes continued, June 9, 2003
12. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Radcliff to adjourn the meeting at 4:41 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
I
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
06 -09 -03
Date
•. r
CITY OF NEDERLAND
RESOLUTION NO. 2003-08
A RESOLUTION SUPPORTING THE NAMING OF THE
NEW OVERPASS AT F.M. 365 AND STATE HIGHWAY 347
IN HONOR OF MAYOR FRANCES MONK
WHEREAS, the City of Nederland, Texas has been contacted concerning the adoption of
a resolution requesting that the Texas Department of Transportation name the overpass at
F.M. 365 and State Highway 347 in honor of Mayor Frances Monk; and
WHEREAS, the City Council of the City of Nederland, Texas believes that designating
the overpass in honor of Mayor Frances Monk would be a fitting tribute to the many years
of dedicated service she provided to this area.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS THAT:
The City of Nederland supports the request that the Texas Department of Transportation
name the overpass at F.M. 365 and State Highway 347 in honor of Mayor Frances Monk.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland, '
Texas on this 9th day of June, 2003. —
CITY OF NEDERLAND, TEXAS
i •J . "
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. June 23, 2003
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern
Nugent to approve the minutes of the June 9, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. PRESENTATION
The Nederland Volunteer Fire Department presented a new fire rescue truck to the
Nederland Fire Department and the City of Nederland. Mayor Nagel recessed the
meeting at 6:04 p.m. in order for Council, City staff, and audience members to go outside
to view the new truck.
The meeting was reconvened at 6:14 p.m. by Mayor Homer E. Nagel.
4. CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Sawyer to appoint Edgar, Kiker, & Cross, Beaumont, TX, to perform the City's audit for
FY 2002 -2003 in an amount not to exceed $31,400.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve a right -of -way agreement with the Nederland Economic Development
Corporation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Nagel to approve
an easement agreement with Everett Sanderson for a permanent utility easement out of
Lot 8, Block 18, Range "H ", PALCO. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, June 23, 2003
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve an easement agreement with the Nederland Economic Development
Corporation for a permanent utility easement out of Lot 8, Block 18, Range "H ", PALCO.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. WATER AND SEWER
A motion was made by Councilmember Radcliff and seconded by Councilmember Neal
to accept the water and sewer lines along Hwy. 69 located within easements granted to
the City by Everett Sanderson and the Nederland Economic Development Corporation.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. STREET LIGHT
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to authorize the installation of a street light at 1127 Jackson Avenue. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
JOINT 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 6:20 p.m. for the
purpose of receiving questions and /or comments regarding the rezoning of the property
described as Lott, Block2, Tracts 1 & 2, Smith - Hodgson - Bigelow Addition, from
Residential to Medium Industrial.
Planning and Zoning Commission Board Members present were: C. J. Schexnaider,
Jack Porter, and Kenneth Mitchell. Chairman Schexnaider stated that they received no
opposition to the rezoning at their public hearing.
There being no questions and /or comments the Joint Public Hearing was adjourned and
the regular meeting was reconvened at 6:22 p.m. by Mayor Nagel.
8. ZONING
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Nugent
to authorize the rezoning of property described as Lot 1, Block 2, Tracts 1 & 2, Smith -
Hodgson- Bigelow Addition, from Residential to Medium Industrial. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, June 23, 2002
9. PAYMENTS
A motion was made by Councilmember Radcliff and seconded by Councilmember Neal
to approve payments to Schaumburg & Polk, Inc. as follows: $1,378.00, Regional Water
Study; $3,500.50, South 5th Street sewer line rehabilitation; $8,336.60, 2002 -2003
collection system rehabilitation (Year 5); $998.24, west annexation area water and
sewer improvements; and, $4,005.50, wastewater system improvements (Treatment
Plant). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Nugent to approve payment to Brystar Contracting, Inc. in the amount of $243,590.29,
wastewater collection system improvements (Years 4 & 5). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
10. APPOINTMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Neal to appoint
Jerry McNeill to the Firefighter's Civil Service Commission for a three -year term.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Neal and seconded by Mayor Nagel to appoint
Boyd Meier, Steve Gentile, and Ronn Minaldi to the Construction Board of Appeals for
two -year terms.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember
Radcliff to appoint Kenneth Whighman and Mickey Fenn to the Zoning Board of
Appeals /Trailer Park Board of Appeals to four -year terms. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
11. EXECUTIVE SESSI
The regular meeting was recessed at 6:31 p.m- by Mayor Nagel for the of conducting an
Executive Session as authorized by Texas Government Code, 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; 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.; litigation against KSA Engineers, Inc.
and ALLCO, Inc. regarding Water Treatment Plant; Greg Sterling v. City of Nederland
and Nederland Fire Fighter Civil Service Commission; and Prosun Services, L.L.C. v.
City of Nederland, et al; and, consultation with City Attorney.
2 Minutes continued, June 23, 2003
•-
12. RECONVENE
The regular meeting was reconvened at 7:05 p.m. by Mayor Nagel. He announced that
the Executive Session was held for informational purposes only.
13. APPOINTMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to make
the following appointments: LaDonna Floyd, City Clerk; Cheryl Dowden, Director of
Finance; Mike Lovelady, Fire Chief /Fire Marshal /Emergency Management Coordinator;
Darrell Bush, Police Chief /Assistant Emergency Management Coordinator; John Borne,
City Judge; and, Richard Hughes, City Attorney. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
14. OFFICIALS' COMMENTS
None.
15. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the meeting at 7:09 p.m. MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ATTEST:
Homer E. Nagel, Mayor
City of Nederland, Texas
r7X
LaDonna Floyd, City Clerk
City of Nederland, Texas
2 a
RLAIA
G
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
06 -23 -03
Date
lu1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m. July 14, 2003
MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston, Nederland, Texas. See attached for quorum.
APPROVAL OF MINUTES
A motion was made by Councilmember Nugent and seconded by Councilmember Neal
to approve the minutes of the June 23, 2003 meeting as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. ENVIRONMENT
Andre' Wimer, City Manager, reviewed the 2002 Drinking Water Quality Report
(Consumer Confidence Report) which was recently mailed to all customers. In
accordance with EPA regulations all water suppliers are required to issue the CCR to all
its customers on an annual basis. He added that the report shows that Nederland's
water quality does not exceed maximum allowable levels for any contaminates.
RESOLUTION
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve Resolution 2003 -09, supporting the U.S.E.P.A.'s proposal to reclassify the
Beaumont /Port Arthur /Orange ozone nonattainment area. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
approve a Business Associate Agreement with Interface EAP, Inc. as required by HIPAA
regulations. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, July 14, 2003
6. PAYMENT
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payments to Schaumburg & Polk, Inc. as follows: $3,962.44, wastewater
system improvements; $8,812.61, 2002 -2003 collection system rehabilitation (Year 5);
$5,898.74, South 5th Street sewer line rehabilitation; and, $14,384.22, regional water
study. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve the bills for the month of June, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
BUDGET
Andre' Wimer, City Manager gave a brief overview of the proposed 2003 -2004 budget
and announced that the Public Hearing will be held at 5:30 p.m., July 28th. The
combined funds for FY 03 -04 total $13,681,488, with the proposed tax rate of $0.66 per
$100 of assessed valuation. The General Fund proposed budget includes projected
revenues of $6,109,470 and anticipated expenditures of $6,309,470. Fund balance in
the amount of $200,000 will be utilized to offset this difference. The proposed budget
reflects the elimination of three (3) vacant positions: one (1) Library Assistant, one (1)
Maintenance Worker (Street Department), and one (1) Maintenance Worker (City Shop).
Mr. Wimer reviewed the significant changes in the remaining funds. In the Water and
Sewer Fund which reflects the privatization of the Wastewater Treatment Plant and the
elimination of two (2) vacant Maintenance Worker positions in the Water
Distribution /Sewer Collection Department. The proposed budget also reflects the
elimination of a Billing Supervisor position with the job duties being reassigned to the
Accounting Clerk position. The Solid Waste Fund proposed a $2.00 /month increase in
sanitation rates which is anticipated to generate approximately $150,000 in additional
revenue. Expenditures are expected to increase to $350,000 for waste disposal fees.
Contributions from the cities of Nederland, Port Neches, and Groves for the MCML
Central Dispatch Fund are based upon $.85 per capita. Total debt service requirements
for FY 03 -04 total $1,844,217.
With regard to personnel issues Mr. Wimer added that the budget includes a two percent
(2 %) cost of living increase for employees. 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 Sawyer to
approve Resolution 2003 -10, submitting the City of Nederland Annual Budget for the
fiscal year beginning October 1, 2003 and ending September 30, 2004, and calling for a
Public Hearing to be held at 5:30 p.m., July 28, 2003 for the purpose of discussing the
proposed budget as per Article VII of the City Charter. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, July 14, 2003
CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement
Program for the years 2004 -2008 which identifies capital expenditures /projects totaling
$3,211,500. 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.
9. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
10. PUBLIC OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported the large water meter testing project is nearing
completion and recommendations should be available next week. He added that the
Regional Water Study is also nearing completion.
11. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the meeting at 3:43 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
t `g�v
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayoo
LaDonna Floyd, City Clerk
07 -14 -03
Date
i6"1
1'J
CITY OF NEDERLAND
RESOLUTION NO. 2003-09
A RESOLUTION OF THE CITY OF NEDERLAND IN SUPPORT OF
THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S PROPOSAL OPTION 2 TO RECLASSIFY THE
BEAUMONT/PORT ARTHUR/ORANGE OZONE NONATTAINMENT
AREA TO A SERIOUS 1 -HOUR OZONE NONATTAINMENT AREA
AND NOT A SEVERE CLASSIFICAITON.
WHEREAS, the Beaumont /Port Arthur /Orange (BPA) area does not meet the
National Ambient Air Quality Standard for ozone and is currently classified as a moderate
ozone nonattainment area by the United States Environmental Protection Agency (EPA);
and,
WHEREAS, due to the extensive emission reduction activities implemented in
Southeast Texas since 1972, there is a clear, downward trend in ambient ozone
measurements that indicate sustainable progress toward attaining the ozone standards; and,
WHEREAS, the Texas Commission on Environmental Quality (TCEQ), with
support and encouragement by the Southeast Texas Regional Planning Commission and
local elected officials, has demonstrated that ozone causing pollutants are transported into
BPA from a significant upwind source, the Houston/Galveston (HGA) area; and, '
WHEREAS, pollutants transported into BPA from HGA, which are not local
emissions and cannot be locally controlled, prohibit BPA from reaching attainment until
the HGA area does so; and,
WHEREAS, approximately 85% of the monitored ozone exceedances in the BPA
area over the past six years have potential influence from non -local emissions; and,
WHEREAS, Southeast Texas would be in attainment with the 1 -hour ozone
standard if the area was not impacted by non -local emissions, and based solely on local
emissions; and,
WHEREAS, EPA's approval of TCEQ's clean air plan for BPA was remanded by
the U.S. Court of Appeals —Fifth Circuit in December 2002 based on matters of law and
not because the scientific basis for the plan or the attainment date extension was disproved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
That the City of Nederland strongly urges:
First, the U.S. Environmental Protection Agency should exercise Option 2 in their
proposal to reclassify the BPA area as a serious 1 -hour ozone nonattainment area with an
attainment date of November 15, 2005; and,
Second, the U.S. Environmental Protection Agency should be commended for
attempting to use sound science and common sense in extending the attainment date of the
BPA area without a bump -up in 2000; and,
Third, that the City supports protective national ambient air quality standards and
policies that are balanced and justified on sound- science principles in such a manner as not
to discourage the continued economic growth and development of Southeast Texas, while
reaching the ultimate goal of attaining the ozone standard.
PASSED, APPROVED AND AD PIED by the City Council of the City of
Nederland, Texas on this /`_-i day of_ 2003.
CITY OF NEDERLAND, TEXAS
Homer E. Nagel, Mayor
ATTEST:
LaDonna FloCity d, er�
APPROVED AS TO FORM AND LEGALITY:
Richard. D. Hughes, City Attom y
1
i6s
RESOLUTION 2003 -10
A RESOLUTION BY THE CITY COUNCILACCEPTING THE
BUDGET FOR THE CITY OF NEDERLAND AS PREPARED
AND SUBMITTED BY THE CITY MANAGER, SUCH
BUDGET COVERING THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
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, 2003 and ending September 30,2004; 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 5:30 p.m., July 29, 2003, 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
I
MEETING THIS THE 14t4 DAY OF JULY, A.D., 2003.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Q"-' $
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
1 �..
Richard D. Hughes, City Attorne
City of Nederland, Texas
f�
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
5:30 p.m.
CALL MEETING TO ORDER
July 28, 2003
The meeting was called to order at 5:30 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. PUBLIC HEARING
The meeting was recessed and a Public Hearing was called to order at 5:30 p.m. by
Mayor Nagel or the purpose of receiving questions and /or comments regarding the
proposed City of Nederland Fiscal Year 2003 -2004 budget.
Andre' Wimer, City Manager, briefly reviewed the budget, outlining each fund and the
major expenditures of each.
There being no questions and /or comments the Public Hearing was adjourned and the
special meeting was reconvened at 5:50 p.m. by Mayor Nagel.
3. CAPITAL IMPROVEMENT PROGRAM
Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Plan.
4. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the special meeting at 5:53 p.m. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDo_hna Floyd, City Clerk . 4
City of Nederland, Texas
z
AI
LA
F. � ,
1 �
11 �L'
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Ma or
1
LaDonna Floyd, City Clerk
07 -28 -03 Special Meeting
Date
1
1
1
all REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. July 28, 2003
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
approve the minutes of the July 14, 2003 as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
3. PROCLAMATION
Mayor Nagel presented a proclamation to Mr. James Forey, AARP, declaring August 5th
as "National Night Out" in Nederland. Mr. Forey thanked the Council for their support
and considered it a great honor to receive the proclamation. He added that it will be
listed in the AARP's newsletter.
A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve
a proclamation declaring August 5, 2003 as "National Night Out" in Nederland, Texas.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
4. TAXES
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
authorize the waiver of penalty and interest on tax Account No. 026200- 000800 and tax
Account No. 069950 - 002300. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
5. STREET AND SIDEWALKS
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Sawyer to authorize the installation of a street light at Atlanta Avenue and 18th Street.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
Minutes continued, July 28, 2003
6. FINANCE
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the
period ending June, 2003.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to accept
the Quarterly Investment Report as presented. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
7. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve a Subrecipient Agreement with the Texas Engineering Extension Service for the
Homeland Security Grant Program in which the City received $96,494.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve a Flexible Benefits Plan Agreement with AFLAC Administrative Services for
administration of the City's cafeteria benefits plan. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
8. BIDS /PROPOSALS
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to award bids received for the replacement of the South 5th Street sewer line to Brystar
Contracting, Inc., Beaumont, TX, in the amount of $791,170.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
9. PAYMENTS
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
approve payment to Brystar Contracting, Inc. in the amount of $221,352.43, wastewater
collection system improvements, Years 4 & 5. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
10. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Nugent. Noes: None.
Absent: Councilmember Radcliff.
Minutes continued, July 28, 2003
11. OFFICIALS' COMMENTS
None.
12. ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the meeting at 6:22 p.m.
'homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
' �'1100"11"I
\F N EDinFnng yhry'i
R L A
1
1i
1' 6
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Ma ®r��
0a 0--• nc- S "
LaDonna Floyd, City Clerk
07 -28 -03
Date
1
1
D
1
City of Nederland
Horner E. Nagel, Mayor
Judy Radcliff, Mayor Pro tern
Robert Sawyer, Councilmember
Billy Neal. Councilmember
R.A. "Dick" Nugent.. Councilmember
Andre Wimer, City Manager
P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550
Investment Report
For the Quarter Ending June 30, 2003
This report has been prepared in accordance with the Public Funds Investment Act (Section
2256.023, Government Code), which requires that a quarterly report be submitted to City
Council detailing investment transactions and performance for the reporting period.
Submitted by the Investment Officers of the City of Nederland
Andre' Wiener, City Manager
Chery Dowden, Director of Finance
'Programmed for Progress"
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending June 30, 2003
Investments at Beginning of Period (4 -1 -03)
Purchases
Maturities
Investments at End of Period (6- 30 -03)
Maturity Summary at June 30, 2003
$6,651,230.71
17,091.89
1,077,514.38
$5,590,808.22
ED Less than 3 months
0 9 to 12 months
LI
1
1
1
1
City of Nederland
Summary of Account Activity
Total Portfolio - All Accounts
For Quarter Ending June 30, 2003
General Fund
Library Fund
Water & Sewer Fund
Motel Occupancy Tax Fund
Solid Waste Fund
Capital Outlay Fund
SSES Fund
Drainage Construction Fund
Police Narcotics Fund
SRF Escrow & Construction Funds
MCML Dispatch
Equipment Replacement Fund
Parks & Recreation Special Fund
Bond Redemption Fund
Balance @
Balance @
4 -1 -03
Purchases Maturities
6 -30 -03
$3,464,383.74
$10,642.97
$3,475,026.71
28,491.32
56.77
28,548.09
1,050,543.50
3,227.40
1,053,770.90
10,134.43
31.10
10,165.53
680.99
1.94
682.93
759,506.02
2,333.27
761,839.29
0.00
0.00
0.00
0.00
39,185.60
120.33
39,305.93
1,232,019.00
474.71 1,077,514.38
154,979.33
620.75
1.83
622.58
48.70
0.04
48.74
21.12
21.12
65,595.54
201.53
65,797.07
$6,651,230.71
$17,091.89 $1,077,514.38
$5,590,808.22
Fund Allocation at June 30, 2003
(0.7 %) Police Narcotics Fund
�. (13.6 %) Capital Outlay Fund
(62.2 %) General Fund
a
r
(0.7 %) Other
(2.8 %) SRF Escrow Fund
k (1.2 %) Bond Redemption Fund
(18.8%) Water & Sewer Fund
11zj
1 G Investment Report Schedule
Investments for the Quarter ended June 30, 2003
CERTIFICATES OF DEPOSIT
1
1
1
Interest Earned for
Certificate Purchase Maturity Days to
Interest
Quarter ended
Number Date Date be held
Rate Face Amount
June 30, 2003
Maturing during quarter ended June 30, 2003
SRF Escrow Fund 564857 02/19/03 04/15/03 55
1.14% 1,077,514.38
505.23
Interest Earnings on Matured CDs for quarter ended June 30, 2003
$505.23
Held at June 30, 2003
Library Special Fund 253040 01/03/03 01/03/04 365
1.22% 10,000.00
$30.60
Interest Earnings on CDs held at June 30, 2003
30.60
Total Interest Earned on CDs for the quarter ended June 30, 2003
5535.83
Total Certificates of Deposit held at June 30, 2003
$ 10,000.00
1
1
1
Investment Report Schedule
i 43 i
Investments for the Quarter ended June 30, 2003
INVESTMENT POOL -
TEXPOOL
Average
Days to
Interest
Market
Interest
Period Held
Maturity
Rate
Principal
Earned
Book Value
General Fund
04/01/03
06/30/03
1
1.23%
$3,464,383.74
$10,642.97
$3,475,026.71
Water & Sewer
04/01/03
06/30/03
1
1.23%
1,050,543.50
3,227.40
1,053,770.90
Parks & Rec. Fund
04/01/03
06/30/03
1
1.23%
21.12
0.00
21.12
Bond Redemp.
04/01/03
06/30/03
1
1.23%
65,595.54
201.53
65,797.07
Capital Outlay Fund
04/01/03
06/30/03
1
1.23%
759,506.02
2,333.27
761,839.29
Motel Occupancy
04/01/03
06/30/03
1
1.23%
10,134.43
31.10
10,165.53
Library Special
04/01/03
06/30/03
1
1.23%
18,491.32
56.77
18,548.09
Solid Waste Fund
04/01/03
06/30/03
1
1.23%
680.99
1.94
682.93
SRF Construction Fund
04/01/03
06/30/03
1
1.23%
154,504.62
474.71
154,979.33
MCML Dispatch
04/01/03
06/30/03
1
1.23%
620.75
1.83
622.58
Equipment Replacement Fun(
04/01/03
06/30/03
1
1.23%
48.70
0.04
48.74
Police Narcotic Fund
04/01/03
06/30/03
1
1.23%
39,185.60
120.33
39,305.93
Totals for TEXPOOL Investments
$5,563,716.33
$17,091.89
$5,580,808.22
i 43 i
Investment Report Schedule
Investments
for the Quarter
ended June 30, 2003
INTEREST EARNED ON DEMAND DEPOSITS
Average
Interest Earned
Days to
Interest
Quarter ended
Period
Held
Maturity
Rate
June 30, 2003
Bond Redemp.
04/01/03
06/30/03
1
1.29%
145.26
Capital Outlay Fund
04/01/03
06/30/03
1
1.29%
(146.59)
Court Technology Fund
04/01/03
06/30/03
1
1.29%
15.78
Drainage Construction Fund
04/01/03
06130103
1
1.29%
1,439.88
Equipment Replacement Funds
04/01/03
06/30/03
1
1.29%
166.35
General Fund
04/01/03
06/30/03
1
1.29%
3,833.25
Library Special
04/01/03
06/30/03
1
1.29%
19.68
MCML Dispatch
04/01/03
06130103
1
1.29%
(16.98)
Motel Occupancy
04/01/03
06/30/03
1
1.29%
7.50
Nederland Economic Development
04/01/03
06/30/03
1
1.29%
6,361.56
Parks & Rec. Fund
04/01/03
06130103
1
1.29%
7.95
Police Narcotic Fund
04/01/03
06/30/03
1
1.29%
103.87
Solid Waste Fund
04/01/03
06/30/03
1
1.29%
364.10
SRF Construction & Escrow Funds
04/01/03
06/30/03
1
1.29%
2,642.81
SSES Fund
04/01/03
06130103
1
1.29%
1,446.70
W & S Certificate Fund
04/01/03
06/30/03
1
1.29%
62.85
Water & Sewer
04/01/03
06/30/03
1
1.29%
936.01
Wastewater Construction Fund
04/01/03
06130103
1
1.29%
2,569.09
$19,959.07
,
1
1
Lli
Investment Report Schedule
June 30, 2003
Interest Earnings for Quarter Ended June 30, 2003
Bond Redemption Fund
$346.79
Capital Outlay
2,186.68
Court Technology Fund
15.78
Drainage Construction Fund
1,439.88
Equipment Replacement Funds
166.39
General Fund
14,476.22
Library Special Fund
612.28
MCML Dispatch
(15.15)
Motel Occupancy Tax Fund
38.60
Nederland Economic Development
6,361.56
Parks & Recreation Special Fund
7.95
Police Narcotic Account
224.20
Solid Waste Fund
366.04
SRF Escrow & Construction Funds
3,117.52
SSES Fund
1,446.70
W & S Certificate Fund
62.85
Wastewater Construction Fund
2,569.09
Water Fund
4,163.41
$37,586.79
124
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND s
3:00 p.m. August 11, 2003
MEETING
The meeting was called to order at 3:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve the minutes of the Special Meeting of July 28, 2003, and the Regular Meeting
of July 28, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. PUBLIC HEARING
The regular meeting was recessed and a Joint Public Hearing with the Planning and
Zoning Commission was called to order at 3:05 p.m. by Mayor Nagel for the purpose of
receiving questions and /or comments regarding the issuance of a Specific Use Permit
on the property located at 1726 Nederland Avenue, described as Lot 7, Block 1, Carter
Addition.
Andre' Wimer, City Manager, reported that the Planning and Zoning Commission held a
Public Hearing regarding this Specific Use Permit on August 4, 2003, and that they do
recommend the issuance of the permit.
There being no questions and /or comments the Joint Public Hearing was adjourned the
regular meeting was reconvened at 3:07 p.m. by Mayor Nagel.
SPECIFIC USE PERMIT
A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern
Nugent to authorize the issuance of a Specific Use Permit on the property located at
1726 Nederland Avenue, described as Lot 7, Block 1, Carter Addition. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, August 11, 2003
5. COMMENTS
Chris Barry, 2222 Broadway, Beaumont, TX, addressed the Council relative to the
construction of a skate park in Nederland. Mr. Barry informed the Council that
skateboarding is one of the fastest growing sports in the nation and a skate park will
provide a safe environment for the skateboarding community. He added that Nederland
has no legal public place for skateboarding and a park would be a solution to remedy the
problem of skateboarding and inline skating in prohibited areas. Mr. Barry asked for
City support for the construction of a park. Their group includes many community
members and police officials, as well as several skaters and bikers. They will need
$50,000 to provide an adequately sized facility and he believes they can raise a portion
of the funds and asked that the City match those funds. The planned location is in the
two southern tennis courts at Doornbos Park because of the ideal location as well as the
concrete base needed.
Andre' Wimer, City Manager, responded that the City is not in a position to take on any
additional expenditures and he could not recommend spending money on this project.
He also stated that the tennis courts are used for tournaments and NISD also utilizes
them throughout the year. Mr. Barry stated that if the City could provide a location then
they could probably raise the entire $50,000 through donations and sponsorships. Mr.
Wimer would not be in favor of taking anything away from Doornbos Park, but if this is a
project that Council would like to consider he could research other potential locations.
He added that there needs to be a great deal of planning and research before the City
could become involved.
Lisa Simon, 403 — 6th Street, informed Council that she has a mini skate park in her back
yard and has no serious injuries to any skaters. Her son will be participating in a
national skateboarding competition and she asked that the City seriously consider this
project for all the youth in the community.
After a lengthy discussion the Council instructed the City Manager to meet with Mr. Barry
to further discuss the issues involved such as liability, costs, locations, etc. and to report
back to the Council the findings.
6. BUDGET
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve Ordinance No. 2003 -05, an appropriation ordinance adopting a budget in
accordance with Article VII in the Charter of the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
TAX RATE
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
consider adoption of the proposed tax rate of $.66 per $100 valuation at the 3:00 p. m.,
September 8, 2003 City Council meeting. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1 ,)
Minutes continued, August 11, 2003
ti A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to set a Public Hearing for 6:00 p.m., August 25, 2003, regarding the proposed
tax rate of $.66 per $100 valuation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. EASEMENT
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
postpone granting a drainage easement on City property to Jefferson County for the
Hatton Heights subdivision located outside City limits. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
WATER TOWERS
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve the Preliminary Survey of the Canal Avenue elevated water tank as prepared by
DSR & Associates. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve a contract with DMS Painting, Inc., Pasadena, TX, in the amount of
$11,700.00, contingent upon final approval by the City Attorney. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
10. BIDS /PROPOSALS
Terry Hale, HBAS Benefits Analysis Services, Ltd., gave a brief report on the bids
received for the City's employee health insurance benefits. The City solicited 9, 12, and
21 months of coverage in order to shift the City's plan year for coverage to July 1 -June
30 to allow for better budgeting. He stated that bids were received from three
companies and after reviewing the proposals he is recommending that the City award
the bids to Blue Cross /Blue Shield for 9 months. The City received a very good rate, 3%
increase with current level of service.
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to award
bids received for the City's health insurance to Blue Cross /Blue Shield. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Mr. Hale reported that six bids were received for the City's dental insurance. He
recommends that the City award the bid to the low bidder Comp Benefits for a 21 month
period. For the same level of service the City's rates will increase by only 0.93 %.
Minutes continued, August 11, 2003
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to award
bids received for the City's dental insurance to Comp Benefits for 21 months. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Mr. Hale reported that three bids were received for the City's long term disability
insurance. All bidders bid 12 or 21 months. The bids received were better than the
current rates and he is recommending that we continue coverage with Blue Cross /Blue
Shield with no increase in premium.s
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to award bids received for the City's long term disability insurance to Blue
Cross /Blue Shield for 21 months. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
11. CHANGE ORDER
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve Change Order No. 1 with Brystar Contracting, Inc. for Years 4 and 5
wastewater system rehabilitation in the amount of +$71,729.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
12. POLICIES /PROCEDURES
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve a policy for the placement of pictures in City Hall of former Mayors,
Councilmembers, and Department Heads. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
13. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payment of the bills for the month of July. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
14. 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, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, August 11, 2003
_j ,r- j 15. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the South East Texas Regional Planning
Commission is sponsoring a hazardous waste disposal site at the airport on Saturday,
August 16, 2003. He also reminded Council that there will be a meeting at the EDC
office on Atlanta on Tuesday, August 26, 2003, at 6:00 p.m. to discuss the Boston
Avenue rehabilitation project. All business owners along Boston Avenue have been
invited to attend. Mr. Wimer also informed Council that TxDOT has moved the start date
of the 27th Street and Helena Avenue intersection project to next summer. Finally, he
reported that the Regional Water Study has not been finalized, but he believes that the
project will be cost prohibitive for the cities involved.
16. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Neal to adjourn the meeting at 4:31 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST: '
LaDonna Floyd, City Clerk'
City of Nederland, Texas
N
f]
1
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayo
�Or� c; ��
LaDonna Floyd, City Clerk-
08 -11 -03
Date
I
ORDINANCE NO. 2003-05
AN APPROPRIATION ORDINANCE ADOPTING A
BUDGET FOR THE ENSUING FISCAL YEAR
BEGINNING OCTOBER 1, 2003, AND ENDING
SEPTEMBER 30, 2004, 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 citybudget itemizing estimated revenues and
appropriations for the ensuing fiscal year beginning October 1, 2003 and ending September 30, 2004.
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 28, 2003, 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 nine thousand, four hundred seventy dollars and no cents ($6,309,470.00) to the
General Fund for the payment of operating expenses and necessary capital outlay for the following
departments and uses:
a. City Council
$ 10,042
b. Legal
38,420
c. City Manager
328,055
d. Finance
203,656
e. Personnel
180,119
f. Civil Service
7,200
g. City Hall
43,718
h. Police
2,107,145
i. Police- Prisoner Extra Help
34,095
j. Emergency Management
6,000
k. Fire
1,143,108
1. Fire Volunteers
15,000
M. Inspections
144,603
n. Public Works Administration 193,260
o. Street Department
810,501
p. City Shop
133,904
q. Parks & Recreation
363,555
r. Library
285,067
s. Other Requirements
262,022
Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One
million, five hundred seventy -one thousand, eighty-nine dollars and no cents ($1,571,089.00) 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, seven hundred five thousand dollars and no cents ($3,705,000.00) to the Water & Sewer
Fund for the payment of operating expenses and necessary capital outlay for the following
departments and uses:
a. Water Treatment $ 951,814
b. Billing/Collections 331,386
c. Wastewater Treatment 553,145
d. Water & Sewer Distribution 779,667
e. Other Requirements 1,088,988
1
I�
i J i
Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated
the sum of Two hundred seventy-three thousand one hundred twenty-eight dollars and no cents
($273,128.00) 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 One million
one hundred twenty-seven thousand dollars and no cents ($1,127,000.00) to the Solid Waste Fund
for the payment of operating expenses and necessary capital outlay.
Section 6 - EQUIPMENT REPLACEMENT FUND - GENERAL. That there be and is hereby
appropriated the sum of Twenty-three thousand dollars and no cents ($23,000.00) to the Equipment
Replacement Fund - General for the payment of necessary capital outlay.
Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is
hereby appropriated the sum of Twenty -two thousand dollars and no cents ($22,000.00) to the
Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay.
Section 8 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum ofEight
thousand, two hundred dollars and no cents ($8,200.00) to the Police Narcotics Fund for the payment
of operating expenses and necessary capital outlay.
Section 9 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of
Seventy-eight thousand, three hundred ninety dollars and no cents ($78,390.00) to the Library
Special Fund for the payment of operating expenses and necessary capital outlay.
Section 10 — COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of
' Six thousand one hundred dollars and no cents ($6,100.00) to the Court Technology Fund for the
payment of operating expenses and necessary capital outlay.
Section 11 - HOTEUMOTEL FUND. That there be and is hereby appropriated the sum of Fifty
thousand, one hundred dollars and no cents ($50,100.00) to the Hotel/Motel Fund for the payment of
operating expenses.
Section 12 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty-five
thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating
expenses.
Section 13 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated
the sum of Six thousand dollars and no cents ($6,000.00) to the Parks & Recreation Special Fund for
the payment of operating expenses and necessary capital outlay.
Section 14 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That
there be and is hereby appropriated the sum ofFour hundred seventy-seven thousand, eleven dollars
and no cents ($477,011.00) 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, 2003 and ending September 30, 2004.
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, 2003, shall be construed with and classified with Miscellaneous revenue anticipated
during the fiscal year beginning October 1, 2003 and ending September 30, 2004, and such funds are
hereby appropriated as a City Council Contingency Account for purposes approved by the City
Council.
13-
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 11" DAY OF AUGUST, A.D., 2003.
Homer E. Nagel, Mayor
City ofNederland, Texas
A17E,Sj\TIJ:- /
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorne3P '
City of Nederland, Texas
1
I Memo
To: Mayor and Members of the City Council
From Andre Wimer, City Manager
Date: August 7, 2003
Re: Policy for City Hall Pictures
Listed below is the policy for hanging pictures in City Hall:
1. Continue to have pictures of the current Mayor and Council
members in their present location.
2. Continue to have pictures of former Mayors in their present
location.
3. Place pictures of previous City Attorneys in the Court Room;
require that an individual must have served as City Attorney for
the City of Nederland for a minimum of 20 years in order to have a
picture.
4. Place pictures of previous Department Heads in their respective
departments; require that an individual must have served as a
Department Head for the City of Nederland for a minimum of 20
years in order to have a picture. Any previously serving
Department Head, or his /her family, with 20 years of service would
have to request that a picture be placed and provide a picture to
the City.
/Ic
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
5 :00 p.m. August 25, 2003
MEETING
The meeting was called to order at 5:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
PETITION
LaDonna Floyd, City Clerk, reported on the petition submitted July 29, 2003, to request
an election be held to ask the voters of the City of Nederland whether they are for or
against the Nederland Economic Development Corporation's proposal to develop the
property at Beauxart Garden Road and Hwy. 69 as a convenience store. Mrs. Floyd
stated that there were 1,479 signatures presented and of those 209 had no date signed;
5 had no signature; 2 signed using a nickname; 24 had the voter registration number of
someone other than the signer; 7 were outside the City; 11 signed more than once; and
30 were illegible. There was a question of 30 names being duplicate signatures,
however, the process of exclusion was not undertaken because it would have no impact
on the number of signatures required. Upon completion of the certification process it
was determined that there are at least 1,179 valid signatures, which is 110 above the ,
minimum required.
Burt Rogers, 1011 Louise, addressed the Council relative to the proposed election. He
stated that as a long time Nederland resident he is fully supportive of the project, adding
that along this portion of the highway between Beaumont and Port Arthur there is not
one 24 -hour convenience store /gas service available. Mr. Rogers had several questions
regarding the petition. He asked if the Adam Nobles that turned in the petition is the
same one who lives in Port Arthur; does he work for a law firm; if the committee who
circulated the petition are registered voters of Nederland; who the committee members
are; are they representing a person or group who are residents of Nederland; and does
his firm represent a combination of persons outside the City as well as inside the City.
Mr. Rogers asked the Council of the City Charter addresses the issue of petitions and if
the circulators are required to be registered voters, and if it does not, then this should be
addressed is legally possible. He wondered if it would be possible to circulate a petition
every time a potential business asked for incentives from the EDC, and if so this could
be detrimental to growth in Nederland.
Adam Nobles responded that he currently lives in an apartment at 241 Hardy and would
try to answer some of the questions. He stated that he has registered to vote but his
name has not appeared in the list of registered voters of Nederland, therefore, he did not
sign the petition. He added that he does not represent anyone other than himself and he
is not aware if the law firm he works at, Carl Parker, represents anyone in the petition
drive. Mr. Nobles said that he and his wife were interested in purchasing a house in
Nederland but were advised against it. He decided to get involved in this issue because
Minutes continued, August 25, 2003
he felt it was not feasible to give this much money to a gas station. He informed
Mr. Rogers that he would get him a list of the committee members who circulated the
petition. He added that he was under the impression that Nederland has a 4A
corporation and the sales tax to the City is only $.01.
Mayor Nagel explained that the EDC sold the 1.5 acres tract to TriCon, Inc. for $392,000
and offered an incentive of $112,000. The cost of the new construction is estimated to
be approximately $1 million, which would bring tax dollars to the City and the school
district. He added that the EDC has talked to numerous prospective businesses about
locating on the 68 acre tract, but no one has agreed to do so. A city the size of
Nederland cannot compete financially with larger cities and we have already lost several
businesses who have chosen to build in Port Arthur. Mayor Nagel is of the opinion that
once a business is built on the property it will help bring new businesses for that location.
Andre' Wimer, City Manager, explained to Mr. Nobles that Nederland is a 4B corporation
and the tax rate is 1.5 percent. Mr. Wimer added that a study was performed by the
EDC to determine what type of business would be the most beneficial to this location
and a convenience store was one type listed.
Mr. Nobles stated that his employer has no connection to the petition drive. He said that
his employer, Carl Parker, does encourage his employees to be involved in local politics.
Richard Hughes, City Attorney, reported that he finds it interesting that the Texas
Election Code has very specific provisions regarding petitions, but the courts have
repeatedly overruled these provisions.
Rick Williams, Nederland Economic Development Corporation Director, asked Mr.
Nobles if the circulators were paid to go door to door to gather signatures, and if he
works for Mr. Leo Thompson. It has been known that Mr. Thompson is very opposed to
the construction of the store due to the fact that he has a store located outside the city
limits near this location. Mr. Nobles responded that he does not work for Mr. Thompson.
Mr. Williams also noted that he had received correspondence from Carl Parker stating
that he represented Mr. Thompson in the convenience store issue.
Jeff Darby, 1515 — 26`h Street, addressed the Council regarding the circulation of the
petition. He stated that the citizens have spoken and an election should be called.
Lynn Fazio, Retail Marketing Director for TriCon, Inc., addressed the Council relative to
their company. He first sated that he is encouraged by the fact that people are getting
out and participating in their community, but when you become a participant it is also
your duty to uphold the integrity of the process. He asked that citizens look closely and
ask questions when they are approached to sign petitions of any kind. He stated that it
was never their desire to build a fleet fueling station as was explained to some in the
community. The facility will be utilizing cutting edge technology and not a truck stop of
any kind. A great deal of market research is done prior to his company deciding where
to locate. If this prime parcel of land is developed by them, it will not deter further
development of the property. Mr. Fazio added that this petition drive was begun by one
man and it appears by the comments that he has heard that many of those who signed
the petition were being told the true facts.
Councilmember Neal stated that he has a problem voting for something that was started
by non - residents.
J ,i
minutes continued, August 25, 2003
There being no further discussion, a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to accept the petition as certified by the City Clerk. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ELECTION
Richard Hughes, City Attorney, stated that once a petition is certified the next issue is to
order the election. The ballot language falls to the City Attorney and after reviewing the
EDC minutes of what was approved and the petition language he wrote the ballot
wording as outlined in the resolution ordering the election.
Rick Williams, NEDC Director, stated that in 1994 the citizens of Nederland voted to
form the NEDC and he is of the opinion that most projects have already been approved
by the citizens. The primary purpose of an EDC is to promote and expand new
businesses. He gave a timeline of when the 68 acres were purchased with regard to
public hearings and open meetings. Mr. Williams said that no one has come forward
regarding any projects that have been approved. He feels that Mr. Nobles should have
been attending meetings of the EDC so that would have been more informed.
Mr. Hughes stated that he does not feel the City can rely on general 4B ballot language
to decide that a specific project has been approved by the voters. He added that he is of '
the opinion that the City cannot legally decline the petition.
Councilmember Neal stated that he will vote with the rest of the Council to order the
election but he wants to be on record as being opposed to the way this issue has been
brought forth. Councilmember Nugent agreed with Councilmember Neal.
A motion was made by Councilmember Nugent and seconded by Mayor Nagel to
approve Resolution 2003 -11, ordering a Special Election to be conducted November 4,
2003, to submit to the qualified electors of the City the proposition "for" or "against" the
approval of NEDC's proposal for economic development for Tri -Con, Inc. to be located
at the corner of Beauxart Garden Road and Hwy. 69; and to discuss and consider
appropriate ballot language for the proposition including the following: "Approval of the
Nederland Economic Development Corporation's proposal for the expenditure of funds
for economic development for Tri -Con, Inc., doing business as Express Mart, a
convenience store to be located on 1.5 acres at the corner of Beauxart Garden Road
and Highway 69." MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, August 25, 2003
4. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Sawyer to adjourn the meeting at 6:11 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City ClerkT
City of Nederland, Texas
1
' U
2
L A
1
j CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
a:�2
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
08 -25 -03 Special Meeting
Date
1
1
J 9
RESOLUTION 2003 -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS CALLING A SPECIAL ELECTION ON
TUESDAY, NOVEMBER 4,2003; DESIGNATING THE POLLING
PLACE; PROVIDING FOR OTHER MATTERS RELATING TO
THE SPECIAL ELECTION; AND FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland,
provide that on Tuesday, November 4, 2003 there shall be submitted to the resident qualified
electors of the City of Nederland the proposition "for" or "against" the "Approval of the Nederland
Economic Development Corporation's proposal for the expenditure of funds for economic
development for Tri -Con, Inc., doing business as Express Mart, a convenience store to be
located on 1.5 acres at the corner of Beauxart Garden Road and Highway 69" as requested by
a petition signed by at least 1,179 qualified voters of the City of Nederland.
WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland
further provide that the Election Code of the State of Texas is applicable to said election, and in
order to comply with said Code, a resolution should be passed establishing the procedure to be
followed in said election, and designating the voting place for said election.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS:
' The City of Nederland has one polling place located in the City Office Building, 1400
Boston Avenue, Nederland, Texas. The City 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:
Vera LeBlanc will serve as Presiding Judge and Jeanie Green 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 twentieth (20) day and continuing through the fourth (4`") day preceding the
date of said election. Said place of voting shall remain open between the hours of 8:00 a.m.
and 5:00 p.m. on each day for said early voting. The above described place for early voting is
also the early voting clerk's address to which ballot applications and ballots voted by mail may
be sent.
The Early Voting Ballot Board shall be created as provided by Election Code Section
87.001. Vera LeBlanc 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.
140
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 order I
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
bulleting 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 ' J day of C2 20D3
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorney
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
I
1
i -z,
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. August 25, 2003
MEETING
The meeting was called to order at 6:25 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 Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the minutes of the August 11, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PUBLIC HEARING
The regular meeting was recessed and a Public Hearing was called to order at 6:26 p.m.
by Mayor Nagel for the purpose of receiving questions and /or comments regarding the
proposed tax rate of $.66/$100 assessed valuation for FY 2003 -2004.
Andre' Wimer, City Manager, stated that the proposed tax rate is $.66/$100 valuation.
Due to the provisions of the City Charter and state law budgetary timelines, the tax rate
is being approved after the budget was adopted. The tax rate will be adopted at the
September 8, 2003, meeting.
There being no questions and /or comments the Public Hearing was adjourned and the
regular meeting was reconvened at 6:28 p.m. by Mayor Nagel.
4. CAPITAL IMPROVEMENT PROGRAM
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve the Five Year Capital Improvement Program. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. CITY SERVICES
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
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, Neal, Radcliff, and Nugent.
Noes: None.
14 (;;Minutes continued, August 25, 2003
6.
8.
9.
APPOINTMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Neal to reappoint
Dick Nugent, Judy Radcliff, and Larry Ducharme to the Nederland Economic
Development Corporation Board of Directors; and, to postpone the appointment of a new
member. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Nugent to approve payment to Brystar Contracting, Inc. in the amount of $123,442.00,
wastewater collection system improvements (Years 4 & 5). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve payments to ALLCO, Inc. as follows: $26,381.50, Wastewater Treatment Plant
improvements; and, $64,132.62, Wastewater Treatment Plant improvements. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
EXECUTIVE SESSION
'
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the Boston Avenue project is expected to
begin soon and a pre- construction meeting will be held this week.
10. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Neal to adjourn the meeting at 6:41 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
rr
Homer t2gel, Mayor
ATTEST: J
LaDonna Floyd, City Clerk
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1
1
CITY OF NEDERLAND 14 3
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor\
LaDonna Floyd, City Clerk
08 -25 -03
Date
144
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
5:30 p.m.
MEETING
September 4, 2003
The meeting was called to order at 5:30 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. SOLID WASTE
Andre' Wimer, City Manager, reviewed his recommendation regarding the solid waste
collection services. Request for Proposals concerning the privatization of solid waste
collection services were received on June 12, 2003. Proposals were received from three
(3) vendors: Waste Management, Inc., BFI Waste Services of Texas, Inc., and
Independent Environmental Services, Inc. Mr. Wimer stated that the primary reasons for
issuing an RFP involved the City's historical inability to collect trash and green waste in a
timely manner, and the cost for sanitation services.
The RFP included four (4) alternatives for solid waste collection upon which a vendor
could submit a proposal. The alternatives dealt with number of collections per week
and /or month for garbage and trash service. Mr. Wimer reviewed each proposal (see
attached memo). He added that throughout the process staff met with City sanitation
personnel. The employees were obviously concerned regarding their employment
status (the RFP required that all current City employees be hired by the vendor with no
loss of net pay). During these meetings the employees provided recommendations to
address the service deficiencies and expense issues which includes the following:
• Hiring one (1) additional Sanitation Driver for a total of seven (7) authorized
positions
• Elimination of free dumping at the landfill by citizens
• Reschedule the existing collection cycle by moving the Friday route to
Wednesday
• Change the holiday collection schedule to one in which each collection day is
"rolled forward" as opposed to collections on Wednesday as is the current
practice
• Require that all garbage containers include an address painted on each side
to ensure that customers have the correct container and correct number of
containers
• Require that green waste and trash be piled separately
• Aggressively tag non - conforming accumulations of trash and /or green waste
and not collect this debris until correctly piled
• Require that all trash and /or green waste be cut into lengths of no longer that
six (6) feet
• Require that all green waste and trash be neatly stacked
• Require that all loose trash be placed in either boxes or bags
L1
1
Minutes continued, September 4, 2003
The adopted Solid Waste Fund budget for FY 03 -04, including the $2.00 /month
increase, projects revenues in the amount of $1,127,000. This figure is not, however,
sufficient to fund the proposal from the City employees, BFI, or IESI. An additional
$.75 /month would be necessary in order to fund a seventh driver. Both BFI and IESI
would require a similar additional increase to fund privatization.
Mr. Wimer recommended that the City Council reject all proposals received for
privatization of solid waste, retain sanitation as an in -house operation, increase the fee
for solid waste collection by $2.75 /month, and implement the suggestions submitted by
City personnel. (See attached memo)
3. BIDS /PROPOSALS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to reject
all proposals received to provide residential solid waste collection and transportation
services, retain sanitation as an in -house operation, increase the fee for solid waste
collection by $2.75 /month, and implement the suggestions submitted by City personnel.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. ADJOURN
I There being no further business, a motion was made by Mayor Nagel and seconded by
Mayor Pro Tern Nugent to adjourn the meeting at 6:31 p.m.
-nom
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
a
14J
141 J
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Hormer E. Nagel, May
LaDonna Floyd, City Clerk
09 -04 -03 Special Meeting
Date
1
1
I
14
I Memo
To:
Mayor and Members of the City Council
From
Andre Wimer, City Manager
Date:
September 2, 2003
Re:
Solid Waste Privatization
As you will recall, the City Council authorized the issuance of a Request for Proposal (RFP)
concerning the privatization of solid waste collection services in Nederland. Proposals
were received on June 12, 2003 from three (3) vendors: Waste Management, Inc. (WM),
BFI Waste Services of Texas, Inc. (BFI), and Independent Environmental Services, Inc.
(IESI). The City subsequently requested additional information from each vendor to clarify
various responses in their respective proposals. Additionally, interviews were conducted
with each firm to further evaluate their submissions. Concurrently, I met with City solid
waste personnel to discuss the concerns regarding the service and cost issues associated
with sanitation. As such, the City also received a "proposal" from current solid waste
employees.
Background
The primary reason for issuing an RFP involved the City's historical inability to collect trash
and green waste in accordance with the established twice per month schedule. The City
has for many years had a service delivery problem despite attempts to correct this
situation. As you may recall, additional positions were created, roll -off containers were
utilized for trash, and realignment of existing personnel were attempted; unfortunately,
none of these actions resulted in the correction of service delivery deficiencies. A second
factor leading to the RFP concerned the cost for sanitation services. The City has seen an
increase in disposal costs due to the quantity of material taken to the landfill. Additionally,
the General Fund and Water and Sewer Fund have subsidized the Solid Waste Fund
through the recurring assignment of their employees to trash /green waste collection. Due
to budgetary adjustments in both the General and Water and Sewer funds, it is no longer
possible to supplement the Solid Waste Fund on a routine basis. Again, the City has
previously attempted to contain cost through the elimination of the recycling program, use
of the green waste incinerator, and monitoring of landfill usage by citizens; unfortunately,
these actions have not resulted in any significant improvements. Due to the combination of
these two (2) issues, it was determined that exploring the viability of privatization would be
beneficial to the City.
Contractor Proposals
As previously indicated, the City received responses from three (3) vendors. The RFP
included four (4) alternatives for solid waste collection upon which a vendor could submit a
145
proposal. The use of options was included to allow the City flexibility in evaluating as many
opportunities as possible in order to resolve both the budgetary and service delivery issues
impacting the Solid Waste Fund. The proposals were as follows:
Altematives WM BFI IESI
Once/week garbage and $10.50 /month $13.30 1month $13.81 /month
twice /month trash (current service) 5.00/ mo. extra can 4.20 /mo. extra can 6.96 1mo. extra can
Once /week garbage and No bid $13.30 /month $13.63 /month
once /week trash 4.20 /mo. extra can 6.88 /mo. extra can
Garbage only — oncetweek No bid $ 4.96 /month $ 7.58 /month
4.90 /mo. extra can 3.78/mo. extra can
Trash only —twice /month No bid $ 8.34 /month $ 8.65 /month
In reviewing these responses and after meeting with the vendors, staff eliminated the WM
submission due to concerns involving their proposed methodology for collection of solid
waste, issues raised in other communities, particularly with respect to trash /green waste
collection, and requested modifications to the language in the City's draft agreement for
contracting solid waste. Staff then focused on both BFI and IESI as potentially viable firms
with which privatization would be practical. BFI is a larger, more established contractor that
has an existing presence in the Golden Triangle. Staff was generally comfortable with their
proposal and felt that BFI had the experience to provide service to Nederland. IESI is a
smaller, yet capable company that has a minor presence in the area; however, they are
'
very well established in other areas of the State. Staff was also generally satisfied with
their proposal and ability to provide service to Nederland.
City of Groves
At the same time that Nederland issued the RFP, the City of Groves was also considering
an evaluation of privatization. As State statute does not require competitive bidding for
sanitation services, Groves was "added" to Nederland's RFP to allow for BFI and IESI to
provide revised prices incorporating collection in both communities. The addition of Groves
had a minimal impact on BFI's original proposal, but did have a fairly significant positive
effect on the IESI figures. Nonetheless, after calculating the costs of contracting versus
continuing to utilize current personnel, Groves determined that it would not be overly
beneficial to privatize solid waste.
City Emolovee's Proposal
As previously indicated, staff also met with City sanitation personnel throughout the
process. The employees were obviously concerned regarding their employment status
(please note that the RFP required that all current City employees be hired by the vendor
with no loss of net pay) and worked diligently to provide a proposal to retain solid waste as
a City operation. There appeared to be a strong interest in the problems encountered by
i 41 1
the City and a willingness to provide recommendations to address the service deficiencies
and expense issues. The employee's proposal, a copy of which is attached, includes the
following:
• Hiring one (1) additional Sanitation Driver for a total of seven (7) authorized
positions
• Elimination of free dumping at the landfill by citizens
• Reschedule the existing collection cycle by moving the Friday route to Wednesday.
This may also include a change from (5) eight (8) hour working days to four (4) ten
(10) hour working days
• Change the holiday collection schedule to one in which each collection day is "rolled
forward" as opposed to collections on Wednesday as is the current practice. For
example, a Monday holiday would result in all collection days being pushed back by
one (1) day and the Sanitation Drivers would work on Friday as a regular workday.
Should a holiday be on Wednesday, for example, the Monday and Tuesday routes
would remain as is, but Wednesday's route would be collected on Thursday, and
Thursday's route would be collected on Friday
• Require that all garbage containers include an address painted on each side to
ensure that customers have the correct can and correct number of cans
• Require that green waste and trash be piled separately
• Aggressively tag non - conforming accumulations of trash and /or green waste and
not collect this debris until correctly piled
• Require that all trash and /or green waste be cut into lengths of no longer than six (6)
feet
• Require that all green waste and trash be neatly stacked
• Require that all loose trash be placed in either boxes or bags
Several of these proposals, which are designed to increase the efficiency of trash and
green waste collection, would result in a fairly significant departure from current practice.
While increasing the level of effort required of customers, these changes would, I believe,
allow for the more timely collection of debris in addition to controlling long -term costs. With
the implementation of any of these proposals, there is the potential for resistance by some
customers. However, requirements such as separation of trash and green waste,
maximum lengths for debris, boxing or bagging loose trash, etc. are fairly typical of policies
in other municipalities. In order to increase the efficiency of collection while also attempting
to minimize expenditures, I believe that the implementation of many of these suggestions is
necessary regardless of whether sanitation is privatized or remains an in -house operation.
Costs
When considering the cost to provide solid waste services, please remember that the
approved budget for FY 03 -04 includes a $2.00 /month increase and will be necessary, as
shown below, whether sanitation is contracted or continues to be a City operation. The
City's current rate for garbage /trash service is $13.05 /month; this amount has been
1�r�
effective since October 23, 2001. Prior to that time, the rate was $13.65, which included
recycling; this amount had been in place since September 12, 1994. In retrospect, it may
have been appropriate to incrementally increase rates over time. However, it has only
been in the last four (4) years that the Solid Waste Fund began to experience financial
difficulties on a regular basis and staff first attempted to correct these situations utilizing
mechanisms other than rate increases in order to minimize the impact on citizens.
The adopted Solid Waste Fund budget for FY 03 -04, including the $2.00 /month increase,
projects revenues in the amount of $1,127,000. This figure is not, however, sufficient to
fund the proposals from the City employees, BFI, or IESI. In terms of the suggestions from
City personnel and, specifically, the addition of a seventh Sanitation Driver, an additional
$.75 /month would be necessary, thereby resulting in a total increase of $2.75 /month.
Ironically, both BFI and IESI would require a similar additional increase in order to fund
privatization. Please note the following:
Current Adopted FY 03 -04 Budget
BFI
IESI
Employees
Cost of Proposal $1,177,025
$1,168,536
$1,181,644
Projected Revenue $1,127,000
$1,127,000
$1,127,000
Deficit ($50,025)
($41,536)
($54,644) '
Additional $75 /month increase
BFI IESI Employees
Cost of Proposal $1,177,025 $1,168,536 $1,181,644
Projected Revenue $1,183,142 $1,183,142 $1,183,142
Surplus $ 6,117 $ 14,606 $ 1,498
As indicated, there is ultimately very little difference between the proposals in terms of cost.
That being the case, the City is apparently fairly competitive in terms of a comparison to the
private sector in its solid waste operation, although a rate increase is necessary.
Recommendation
The concept of privatizing solid waste collection has proven to be successful in many
municipalities throughout the State. Typically, the primary motivation for contracting this
service has been a result of fiscal, as well as operational, concerns, both of which are
applicable in Nederland. From a financial perspective, the cost savings, if the City were to
privatize, are negligible. In fact, any prospective savings would probably have to be
utilized to offset costs associated with the contractor collecting trash from vacant lots and
illegal dumping sites. Consequently, I cannot assure the City Council that the necessary
increase, $2.75 /month, would be sufficient to fully compensate the cost of privatization. In
terms of service delivery, I do believe that either BFI or IESI could satisfactorily provide
service to Nederland, particularly with respect to trash and green waste collection in a
timely manner due to their additional personnel and equipment resources. It is also
interesting to note that both vendors strongly advocated weekly trash and green waste
collection as a means of effectively and efficiently providing this service. Conversely, City
employees felt that they would be unable to provide weekly trash and green waste
collection even with the addition of a seventh Sanitation Driver position.
At this time, I would recommend that all proposals received to privatize solid waste be
rejected. In doing so, however, I am not completely confident that service delivery will
improve to the point that trash and green waste are collected in accordance with the
established schedule. While it does appear that the Sanitation Drivers are sincere in their
commitment to improve service delivery, history does not support the City's ability to
improve solid waste operations. With such a significant increase ($33.00 /year), there will
assuredly be a large burden on City staff to collectively perform at a higher level than has
previously occurred. Consequently, the increase in solid waste fees would be
$2.75 /month as opposed to the $2.00 /month authorized in the FY 03 -04 Solid Waste Fund
budget.
' In choosing to retain sanitation services, I would also recommend, based upon the
suggestions submitted by the Sanitation Drivers, that the City implement the following:
1. Create and fill an additional Sanitation Driver position resulting in a total of seven (7)
authorized positions.
2. Eliminate the free dumping at the landfill as a mechanism of curbing abuses of this
service and thereby reducing operational expenditures.
3. Require that all garbage containers include an address printed on the sides.
4. Require that green waste and trash be piled separately in order to be collected.
5. Require that all green waste and /or trash be cut into lengths of no longer than six (6) fee
in order to be collected.
6. Require that all green waste and trash be neatly stacked in order to be collected.
7. Require that all loose trash be placed in boxes or bags in order to be collected.
Please note that I am still considering the modification of the current garbage schedule
(Friday's route moved to Wednesday), including four (4) ten (10) hour working days, and
the suggestion on "rolling forward" the holiday collection schedule.
ii. - =
Based upon recent experience, it appears that modifications to the City's solid waste
operations are necessary in order to ensure adequate service delivery in addition to
controlling costs. I believe that by enacting the aforementioned suggestions submitted by
the Sanitation Drivers, the collection of solid waste, especially green waste and trash, will
be facilitated. Many of these recommendations represent a significant departure from
current practices and, as such, are likely to cause some dissention. However, I agree with
the Sanitation Drivers that such changes are necessary to continue to provide adequate
levels of service.
In conclusion, I would recommend that the City Council reject all proposals received for
privatization of solid waste, retain sanitation as an in -house operation, increase the fee for
solid waste collection by $2.75 /month, and implement the suggestions submitted by City
personnel.
Ac
Enclosure
1
i
L
1
Proposal
City of Mederland Sanitation Employees
Our proposal is as follows:
• Seven employees in the Sanitation Department
• 3 & 3 — Low man floats i
• Eliminate free dumping by citizens
• Move Friday garbage route to Wednesday
• Roll holiday forward
• Address cans on each slide
• City Ordinance states a pickup limit of 4 cubic yards, but we will puck up 15 cubic
yards
• Tag piles
• Materials in piles Gumb)er, tree limbs, poles, etc.) must be no longer.. than 6 feet
• Trash piles must be staccked neatly
�.
Dwayne Bordl
Edward Boudreaux
Ronald Breve
T Pnn Peannelr
1uJ
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. September 8, 2003
MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the minutes of the Special Meeting of August 25, 2003, and the
Regular Meeting of August 25, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. TAX RATE
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
approve Ordinance No. 2003 -06, adopting a tax rate of $.66 per $100 valuation for the I
fiscal year beginning October 1, 2003 and ending September 30, 2004. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. ORDINANCE
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve Ordinance No. 2003 -07, utility regulations and rates, increasing the garbage
rates by $2.75 1month to $15.80. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. EASEMENT
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to grant
a drainage easement on City property to Jefferson County for the Hatton Heights
subdivision located outside City limits, contingent upon acceptance and approval by
Jefferson County and the City being permitted to drain Water Treatment Plant property
into the storm sewer. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, September 9, 2003
6. BIDS /PURCHASES
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
authorize the purchase of computer equipment for the Marion & Ed Hughes Library from
Veicon in the amount of $5,113.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
7. RESOLUTION
A motion was made by Councilmember Neal and seconded by Councilmember Sawyer
to approve Resolution 2003 -12, nominating Charles Lankford as a candidate for the
Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PAYMENTS
A motion was made by Councilmember Neal and seconded by Councilmember Radcliff
to approve payment of the bills for the month of August, 2003. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
EXECUTIVE SESSION
The regular meeting was recessed at 3:25 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; Chapter
551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services,
Inc.; litigation against KSA Engineers, Inc. and ALLCO, Inc. regarding Water Treatment
Plant; Prosun Services, L..L.C. v. City of Nederland, et al; and, consultation with City
Attorney.
10. RECONVENE
The regular meeting was reconvened at 3:45 p.m. by Mayor Nagel.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to settle
the lawsuit with Prosun Services, L.L.C., which includes the cities of Port Neches and
Groves, in the amounts as follows: Nederland $11,983.52, Port Neches $7,115.69, and
Groves $935.60. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
-- -ft
15
1 �, 7) Minutes continued, September 8, 2003
11. PUBLIC OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that the street striping work should begin this
week. The firefighters have approved the most recent contract and this item will be
included on the next agenda for Council approval. The Boston Avenue rehabilitation
project has no scheduled start date due to numerous changes regarding purchase of
tree grates, benches, and lighting.
12. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Mayor Pro Tem Nugent to adjourn the meeting at 3:55 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayory
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
J
CITY OF NEDERLAND j t
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer .
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
CiV Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
aDonna Floyd, City Clerk
09 -08 -03
Date
1 << 4
ORDINANCE NO. 2003 -06
AN ORDINANCE APPROVING THE TAX ASSESSMENT
ROLLS FOR THE YEAR 2003, 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 SEWING
FUND.
WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment
rolls to be used for the collection of taxes for the captioned year, wherein the value of all property
situated within the City of Nederland, subject to ad valorem taxes for the tax year 2003, was fixed by
Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of
$655,396,390; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND:
SECTION 1: - That the tax assessment rolls famished by the City's Tax Assessor - Collector, based
upon the certified roll finnished by Roland R. Bieber, ChiefAppraiser of Jefferson County Appraisal
District, at a total value of $655,396,390, shall become the tax assessment rolls of the City of
Nederland for the year 2003, less all exemptions provided by either State Law or City ordinance in
the amount of $65,828,557.
SECTION 2: - That there is hereby levied for the current year, 2003, and there shall be collected for
'
the use and support of the municipal government of the City of Nederland, and to provide interest
and sinking funds for the fiscal year ending September 30, 2004 upon all property, real, personal, and
mixed, within the corporate limits of said City subject to taxation, a tax of sixty -six cents ($.66) on
each one hundred dollars ($100) valuation of property; said tax being so levied and apportioned to
the specific purposes hereinafter set forth:
(a) For the maintenance and support of the general government (General Fund), 38.5277
cents on each one hundred dollars ($100) valuation of property; and
(b) For the Interest & Sinking Fund, 27.4723 cents on each one hundred dollars ($100)
valuation of property as follows:
For the purpose of paying interest and principal of Fifty -one thousand,
four hundred dollars ($51,400.00) on the Certificates of Obligation, Series 1994, .897
cents on each one hundred dollars ($100) valuation of property.
For the purpose ofpaying interest and principal ofFour hundred twenty-two thousand,
four hundred two dollars and fifty cents ($422,402.50) on the Certificates of
Obligation, Series 1996, 7,390 cents on each one hundred dollars ($100) valuation of
property.
For the purpose of paying interest and principal of Two hundred four thousand, one
hundred fifty -two dollars and fifty cents ($204,152.50) on the Certificates of
Obligation, Series 1998, 3.581 cents on each one hundred dollars ($100) valuation of
property.
For the purpose of paying interest and principal of One hundred twenty -five thousand,
one hundred forty dollars ($125,140.00) on the Certificates of Obligation, Series 1999,
2.202 cents on each one hundred dollars ($100) valuation ofproperty.
For the purpose of paying interest and principal of Ninety-nine thousand, seven
hundred fifty -five dollars ($99,755.00) on the Certificates of Obligation, Series 2000,
1.759 cents on each one hundred dollars ($100) valuation of property.
For the purpose of paying interest and principal of Six hundred sixty -four thousand,
two hundred thirty-eight dollars and seventy-six cents ($664,238.76) on the Certificates
of obligation, Series 2002,11.594 cents on each one hundred dollars ($100) valuation
of property.
SECTION 3: - The Jefferson CountyTax 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 2003 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, orphrase 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 8'h DAY OF SEPTEMBER, A.D.,
2003.
Homer E. Nagel, Mayo
' City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APP OVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City &ttorney
City of Nederland, Texas
-r
IL;v
CITY OF NEDERLAND
ORDINANCE NO. 2003-07
AN ORDINANCE ESTABLISHING WATER AND SEWER
RATES, WATER METER DEPOSITS, WATER AND
SEWER CONNECTION FEES, WATER AND SEWER
MAINTENANCE FEES, TRASH REMOVAL, AND
GARBAGE RATES, AND PROVIDING FOR THE
ADDITION OF STATE MANDATED SALES TAX TO THE
GARBAGE PORTION OF THE RATE, INSIDE AND
OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND
FURTHER PROVIDING FOR INTEREST PENALTIES, RE-
CONNECTION CHARGES, TRANSFER FEES, AND
RETURNED CHECK FEES AND REPEALING
ORDINANCE NO. 2002-12.
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 Regulations.
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,
provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any
balances due for water services provided hereunder and the City may collect such balances
I
due.
SECTION 2. Water and Sewer Systems.
1. The water system and sewer system are public utilities operated and maintained by the City
of Nederland. The systems shall be operated in accordance with ordinances and policies
adopted by the City of Nederland, State law, and/or Federal law. Subject to such
requirements, the City Manager may make such reasonable regulations as to govern the
water and sewer systems to ensure their continued operation.
2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be
inclusive of water service, sewer service, and garbage/trash services as provided by the City
of Nederland.
3. For the purpose of this ordinance, the term "customer" shall mean the person responsible for
payment and /or all persons acting for him/her or by his/her direction.
SECTION 3. Application for Water Service.
1. Any person and/or business required to or desiring to obtain water service from the City of
Nederland shall make application on a form supplied by the City. The application shall
include: a) name of the individual to be responsible for the payment of utility service; b) the
social security number of the individual responsible for payment; c) the driver's license
number; d) the applicant's employer; e) the applicant's work telephone number; 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.
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SECTION 4. Installation of Service.
1. No private service lines shall be connected or tapped to any City waterline 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 %z" 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 waterline 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/Taps.
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.
4. The sewer connection fees are as follows:
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
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 Garbage Container Deposits.
1. In order to establish water, sewer, and garbage service, an applicant for said services shall
be required to pay a deposit to the City in accordance with the following schedule:
Inside Outside
City City
3/4" and smaller Water Meter $ 100.00 $ 100.00
1" Water Meter 150.00 150.00
1 %s" 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. Application of Deposit.
1. Upon the termination of water service, at the request of the customer, the deposit or any
portion of the deposit remaining shall be returned to the customer when water and all other
charges have been paid.
2. Current customers, who continue to maintain utility service and who have, each month, paid
their bill in full and by the due date specified on each individual bill for a period of twelve
(12) consecutive months shall, at their request, be refunded the full amount of their deposit.
SECTION 9. Previous Service - Outstanding Balance.
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
City
First 2,000 Gallons (minimum) $ 6.50
Each additional 1,000 gallons* 2.25
Water Line Maintenance -
per 1,000 gallons (above minimum) .25
*Except as required by provisions of outside City contracts
Outside
City
$ 10.50
4.00
.25
1
161
1),
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) $ 15.80 + sales tax*
Additional Container 5.00 + sales tax*
*Sales tax shall be in an amount required by law
SECTION 13. Billing and Penalty.
1. All charges on utility service bills shall be due and payable to the City at the City Office
Building fifteen (15) days after the date the bill is mailed to the person responsible for
payment.
2. If payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be
assessed.
3. Notwithstanding the provisions of 1 and 2 above, in accordance with Article 1446c -2 of the
Revised Civil Statutes of Texas, the ten percent (10 %) penalty shall not be applied to
persons age 60 or older until the 25th day after the date on which the bill was issued,
provided that such person has made a request for delay, presented reasonable proof of their
age, and is a residential customer who has occupied, and shall continue to occupy, the entire
premises for which a delay is requested.
4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office
Building is closed, a grace period of two (2) days shall be granted.
SECTION 14. Delinquency - Termination of Service.
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 Charges.
1. Should utility service be discontinued due to non - payment of a utility bill, all funds due to
the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility
service. The re- connection fee shall be $5.00 if reinstatement of utility service is requested
during working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). The re- connection
fee shall be $45.00 if reinstatement of utility service is requested after working hours.
I U 4'
2. Should service be discontinued, the City shall install a lock on the water meter. Should the
customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed.
This fee shall be paid, in addition to all other charges, prior to reinstatement of service.
3. Should any person turn on water service, after the City has discontinued the service for non-
payment, such action shall be considered a criminal offense.
4. Should a customer be repeatedly disconnected due to non - payment, the City may require the
following:
a. Payment for the delinquent bill in the form of cash, money order, and/or 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. Temporary 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.
16
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. Hardships.
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. Turning on Water.
1. It is unlawful for any person to turn on water to any premises from the City water system
without first obtaining approval from the City.
2. It is unlawful for any person to connect water service to a premises after service has been
terminated by the City.
1160
SECTION 23. Trash Removal Rates.
1. Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of
the property when it becomes necessary to clear a ditch of trash and/or debris during, before,
and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the
amount of work performed by the City.
2. Miscellaneous trash and/or debris from empty (undeveloped) property must be hauled off by
the owner or developer at their expense.
3. The City will provide collection 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 Iimited to, existing work load, and
scheduling. This provision shall not apply to the accumulation of trash due to work.
performed by contractors and/or individuals /companies hired by the property owners.
SECTION 24. Validation.
1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be
adjudged invalid or held unconstitutional, the same shall not effect the validity of this
ordinance as a whole or any part or provision thereof other than the part so decided to be
invalid or unconstitutional.
This ordinance shall take effect October 1, 2003 .
PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a
regular meeting this the 8`h day of September 2003.
ATTEST:
&1�� S1_ [Z:21�1
LaDonna Floyd, City Clerk'
`
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
�.__�DHghes -mow,. ,>�..-
Richa, City om ey
City of Nederland, Texas
Homer E. Nagel, Mayor
City of Nederland, Texas
1
1
1
CITY OF NEDERLAND
RESOLUTION 2003 -12
THE STATE OF TEXAS
COUNTY OF JEFFERSON
WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled
meeting of September 8, 2003, 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, 2005.
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, 2003, in
accordance with said Statute.
PASSED, APPROVED AND ADOPTED this R_ day of t¢ 2003.
Homer E. Nagel, Mayor
Robbrt Sawyer
Council Member, Ward I
Judy Radcliff
Council Member, Ward III
ATTEST:
A. �Co��
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, City Attorne
City of Nederland, Texas
2&-/ -
Billy N
Council Member, Ward 11
Q�Az&4,7z-- -
Dick Nugent
Council Membe , and IV
6r
6:00 p.m.
1. MEETING
q
3.
4.
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
September 22, 2003
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 Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the minutes of the special meeting of September 4, 2003, and the
regular meeting of September 8, 2003 as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PROCLAMATION
Mayor Nagel presented a proclamation to Mike Lovelady, Fire Chief, declaring October
6 -10, 2003 as "Fire Prevention Week" in Nederland. Chief Lovelady thanked the Mayor
and Council for their continued support.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
approve a proclamation declaring October 6 -10, 2003 as "Fire Prevention Week" in
Nederland, Texas. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
STREETS AND SIDEWALKS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
authorize the closure of 14th Street, from Boston Avenue to Chicago Avenue, on October
7, 2003, from 5:30 p.m. -9:00 p.m. for Fire Prevention Week activities. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Ma or Pro Tern Nugent and seconded by Mayor Nagel to
authorize the closure of 13' Street from Atlanta Avenue to Nederland Avenue, on
October 25, 2003, from 7:00 a.m. -7:00 p.m. for First United Methodist Church
Harvest Festival activities. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1
,I
1
Minutes continued, September 22, 2003
A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to
authorize the closure of Franklin Avenue from 121h Street to 131h Streets on October 30,
2003, from 3:00 p.m. -8:15 p.m. for Langham Elementary School carnival activities.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
CONTRACTS /AGREEMENTS
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve a Collective Bargaining Agreement with the International Association
of Fire Fighters Local 3339. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
approve a Collective Bargaining Agreement with the Nederland Police Officers'
Association. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Nugent to approve an Industrial District Contract with Sunoco Partners Marketing &
Terminals, L.P. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve an Industrial District contract with Union Oil Company of California.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
RESOLUTION
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve Resolution 2003 -13, authorizing participation with other Entergy service area
cities in matters by Entergy at the Public Utility Commission of Texas in 2003. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
7. CHANGE ORDER
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve Change Order No. 1 with Brystar Contracting, Inc. for the South 5`h
Street sewer rehabilitation project to allow for the extension of sewer service along Hwy.
69 to serve both existing businesses and potential development. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
.169
1 i t1
Minutes continued, September 22, 2003
8. BUDGET
A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern
Nugent to approve amendments to the FY 2002 -2003 budget (see attached). MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Councilmember
Sawyer to approve Ordinance No. 2003 -08, amending the 2002 -2003 budget. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve Ordinance No. 2003 -09, amending the 2003 -2004 budget. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve Ordinance No. 2003 -10, declaring certain utility accounts as uncollectible.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. APPOINTMENT
'
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
appoint Mike Guidry to the Nederland Economic Development Corporation to represent
Ward III. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
10. PAYMENTS
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve payment to Brystar Contracting, Inc. in the amount of $169,360.31, wastewater
collection system improvements (Year 4 & 5). MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve payment to ALLCO, Inc. in the amount of $52,270.50, Wastewater
Treatment Plant improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, September 22, 2003
A motion was made by Councilmember Sawyer and seconded by Councilmember
Radcliff to approve payments to Schaumburg & Polk, Inc. as follows: $10,527.62,
wastewater system improvements; $9,254.56, 2002 -2003 collection system rehabilitation
(Year 5); $7,778.56, regional water study, final; $1,461,07, South 5th Street sewer
rehabilitation; and, $366.00, west annexation area water and sewer improvements.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve payment to Don S. Reichle & Associates in the amount of $2,000.00, Canal
Avenue elevated storage tank, Phase I, inspection services. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payment to Jefferson County Drainage District No. 7, in the amount of
$3,545.19, storm water permitting. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
approve payment to T & N Laboratories, Inc. in the amount of $411.00, Wastewater
Treatment Plant. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
11. 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, Neal, Radcliff, and Nugent.
Noes: None.
12. CITIZEN COMMENTS
Terry Holmes, 408 — 31St Street, addressed the Council relative to sewer problems at his
residence. He stated that he has lived in the house for over a year and has had
problems every time it rains. Mr. Holmes added that the sewer backs up in his toilet,
bathtub, and washing machine and has ruined his floors. After discussion of the matter
the Council instructed the City Manager and staff to consult with engineers to determine
if smoke testing in this area could determine the problems. Mr. Wimer stated that he will
report back to Council as soon as possible.
sm 13. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, stated that the bid notice has been published for the tree
grates, benches, and lighting for the Boston Avenue project and we are still waiting on a
start date for the rehabilitation.
I i L
Minutes continued, September 22, 2003
94. ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Councilmember Radcliff to adjourn the meeting at 7:10 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ATTEST:
Homer E. Nagel, Mayor V
City of Nederland, Texas
LaDonna Floyd, City Clerk
City of Nederland, Texas
NE
�) 1
1(J
CITY OF NEDERLAND
RESOLUTION 2003 -13
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 2003.
WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has been
delayed due to lack of competition; lack of independent market structures and organizations in its
service territory to implement fair competition; and the Public Utility Commission of Texas has
approved orders allowing EGSI to attempt to open markets to competition over the next year;
WHEREAS, EGSI is scheduled to file various proceedings at the Public Utility
Commission in 2003 related to readiness to begin competition; an evaluation of EGSI's market
power; and for approval of various market structures necessary for the implementation of fair
competition;
WHEREAS, EGSI has filed various fuel proceedings including a fuel surcharge request
at the Public Utility Commission and may file other fuel proceedings during 2003 to reconcile
fuel, to surcharge or refund fuel charges, to change the fuel mechanism;
WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and
ratepayers within Cities;
' 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;
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;
WHEREAS, Cities are entitled to reimbursement of their reasonable rate case expenses to
participate in cases that are deemed rate proceedings 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
EGSI's various fuel reconciliation(s), fuel factor and fuel surchargehefund cases filed at the
Public Utility Commission in 2003 seeking appropriate regulatory scrutiny.
The City of Nederland shall participate with other Cities to intervene in proceedings at
the Public Utility Commission filed in 2003 concerning EGSI's readiness for competition,
market power, organizations and structures to assure fair competition to all customer classes, and
rates and charges under competition or price caps.
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 Steering Committee is directed to obtain reimbursement from EGSI of
all reasonable expenses associated with participation in said proceedings.
■ SECTION 2. This resolution shall be effective from and after the date of its passage.
PASSED by Lt
-m on t,•M cn c ,a vote of the City Council of the City of Nederland,
Texas, this 4-9 day of 2003.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Z.-I -S5
City Attorney
THE CITY OF NEDERLAND, TEXAS
1
1
ORDINANCE NO. 2003 -10
AN ORDINANCE ACCEPTING UTILITY ACCOUNTS
RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF
$3,792.09 AS SHOWN IN ATTACHMENT "A" FOR THE
YEAR ENDED 9 -30 -03 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 Nederlan&s book of accounts of the Water Billing/Collecting
Department are hereby corrected to reflect the following charge -offs for fiscal year 2002 -03 in the
amount of $3,792.09 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 22 "" day of September, A.D., 2003.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Cleik
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard D. Hughes, CiiiF Attorney
City of Nederland, Texas
1,475
j • tJ
I
ATTACHMENT "A"
CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR FYE
2002 -2003
02- 0010 -08
WHITLEY, JOHN KOHLER
$291.69
02- 0070 -05
WOODARD, JEREME DEE
160.89
02- 0490 -04
HARRIS, STEWART THAD
48.11
02- 0980 -05
EDWARDS, BOBBY
24.55
02- 1060 -09
FLORES, BOBBI RAE
114.20
02- 1070 -07
BRANNON, RONNY
41.71
03- 2110 -05
MAILEY, DENISE
49.55
04- 1680 -09
SMITH, PHILLIP BRYANT
6.07
05- 1090 -02
FONTENOT, CATHERINE
72.63
05- 3720 -06
HUGHES, MELANIE A
15.72
06- 0610 -05
GALLIER, TANYA GAE
36.13
06- 1360 -03
DOUCETTE, RACHEL D
51.64
06- 1530 -01
HARBER, JOE
132.31
06- 2220 -05
LONCON, DOUG T
56.16
06- 2220 -06
NESTER, ROBERT LYNN
77.80
06- 2920 -01
WASHBURN, HEATHER
79.56
07- 0600 -02
BONURA, KELLY D
93.02
08- 2930 -06
RICHARD, BRENT
74.64
09- 0090 -06
COWARD, LISA R
11.60
10- 0110 -07
RUSSELL, MIKE
28.03
10 -0692 -03
DAIGLE, JAMES
138.44
11- 1100 -02
CABRERA, EVA
58.36
12- 1330 -03
CRABTREE, ARTHUR
24.80
12- 1470 -02
PREMEAUX, JOHANAH
137.42
13- 0620 -02
LEDESMA, JESUS
6.90
13- 1710 -02
PRUITT, GARY W
136.27
13- 2070 -08
GABBARD, DANNY MARK
65.02
'
14- 1430 -07
HASTINGS, JASON D
151.84
15- 2700 -03
CUNNIFF, JERRELL DON
89.04
16- 1500 -10
HOWARD, TERRY N
173.66
16- 1814 -01
BUYSSE, DUSTIN D
46.65
17- 0710 -02
VALMA, JOHN ANDREW
117.00
17- 1430 -10
SMITH. MARION E
31.23
17- 1580 -05
RAMSEY, DON
19.24
17- 1840 -02
NEDERLAND MARKET STORE
416.46
18- 0300 -05
RICHARDS, ROBBIE
21.27
19- 2620 -01
ASHMUN, LYNN
159.21
19- 3140 -03
TAYLOR, WEDGE
75.59
20 -0380 -04
ALDRIDGE, MELISSA
54.46
20- 0620 -01
HANCOCK, RORY D
14.60
20- 1060 -04
WILLIFORD, TRAY
123.84
21- 0080 -02
FONTENOT, WILLIAM DAVIS
77.13
24- 0263 -01
WADE, CECIL A
24.00
24- 0705 -00
ROBINETT, LENA M
163.65
TOTAL
$3,792.09
I
fir
ORDINANCE NO. 2003-08
AN ORDINANCE AMENDING THE 2002 -03 BUDGET IN
ACCORDANCE WITH THE BUDGET AND THE CHARTER
OF THE CITY OF NEDERLAND.
WHEREAS, the City Council previously approved Ordinance No. 2002 -07 which adopted
the 2002 -03 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
current budget to increase revenues and expenditures as set out in Attachment "A" and Attachment
"B" attached hereto; and,
WHEREAS, the 2002 -03 City of Nederland budget states, "That any unencumbered funds
remaining on hand at the end of the fiscal year ending September 30, 2002, shall be construed with
and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2002 and ending September 30, 2003, and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council."
WHEREAS, it has been determined that such funds are available and can be used for the
expenditures as are set out in Attachment "A" attached hereto; and,
WHEREAS, the City Council finds that the budget for 2002 -03 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 2002 -07 adopting the budget for 2002-
03; and,
' WHEREAS, the City Council finds that the budget for 2002 -03 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, TEXAS:
THAT the budget for 2002 -03 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND AT A REGULAR MEETING THIS THE 22 °d DAY OF SEPTEMBER, A.D.,
2003.
Homer Nagel, Mayor
City of Nederland, Texas
1 i )
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
PA I
<
Richard D. Hughes, City Attorney
City ofNederland, Texas
BUDGET ORDINANCE AMENDMENT - ATTACHMENT A
GENERAL FUND
Amend General Fund by appropriating unencumbered funds remaining at 9 -30 -02 in the amount
of $93,637.00 and increase line items as detailed below.
Increase 01 -22 -00 -6355 Vehicle Equipment R & M $11,000.00
Additional funds necessary for repair of Fire Department aerial truck.
Increase 01 -51 -00 -6341 Insurance General $5,238.00
Increase 01 -55 -00 -6341 Insurance General $9,152.00
Additional funds necessary for insurance coverage for park and library facilities.
Increase 01 -55 -00 -6348 Electricity $8,247.00
Additional funds necessary for higher than expected utility costs due to environmental problems
at library.
Increase 01- 90-00 -6315 Computer System $60,000.00
Additional funds necessary for purchase of computer server and Police Department software
upgrade approved by council April 14, 2003.
POLICE NARCOTICS FUND
Amend Police Narcotics Fund by appropriating unencumbered funds remaining at 9 -30 -02 in the
amount of $10,000.00 and increase line items as detailed below.
Increase 20 -21 -00 -6393 Contractual Services $10,000.00
' Additional funds necessary for purchase of Police Department software upgrade approved by
council April 14, 2003.
WATER & SEWER FUND
Amend Water & Sewer Fund by appropriating unencumbered funds remaining at 9 -30 -02 in the
amount of $108,054.00 and increase line items as detailed below.
Increase 50 -68 -00 -6393 Contractual Services
$91,000.00
Additional funds necessary to complete West Annexation work due to carryover of project into
current fiscal year.
Increase 50 -90 -00 -6406 Contingency
$7,152.00
Additional funds necessary for City's share ofregional water study in
conjunction with Lower
Neches Valley Authority, City of Port Neches and City of Groves.
Increase 50 -90 -00 -6406 Contingency
$6,150.00
Additional funds necessary for repair of Nagano Mini Excavator.
Increase 50 -90 -00 -6406 Contingency
$3,752.00
Additional funds necessary to purchase two 3 inch Gorman Pumps for the Water Treatment
Plant.
LJ
1 'is
BUDGET ORDINANCE AMENDMENT — ATTACHMENT B
GENERAL FUND
Amend as follows:
Increase 01 -00 -00 -4700 Miscellaneous Income $2,442.00
Increase 01 -22 -00 -6744 Miscellaneous Equipment $2,442.00
Funds received from Western Sun and Unocal for purchase of rescue equipment.
Increase 01 -00 -00 -4700 Miscellaneous Income $2,228.81
Increase 01 -22 -00 -6355 Vehicle Equipment Repairs & Maintenance $2,228.81
Funds received from Jefferson County Rural Fire Prevention District 1 and State Comptroller for
purchase of emergency vehicle lights and other training equipment.
1
1
1
WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted
the 2003 -04 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
2003 -04 budget to increase revenues and expenditures as set out in Attachment "A" attached hereto;
and,
WHEREAS, the City Council finds that the budget for 2003 -04 fiscal year should be
amended for additional revenues and additional expenditures for specific purposes as set out in
Attachment "A."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS: .
THAT the budget for 2003 -04 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 ofthis ordinance and said budget amendment with
the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 ofthe 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 22 "d DAY OF SEPTEMBER, A.D.,
2003. n
Homer 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
ORDINANCE NO. 2003-09
AN ORDINANCE AMENDING THE 2003 -04 BUDGET IN
ACCORDANCE WITH THE BUDGET AND THE CHARTER
OF THE CITY OF NEDERLAND.
1
WHEREAS, the City Council previously approved Ordinance No. 2003 -05 which adopted
the 2003 -04 City Budget; and,
WHEREAS, the City Council of the City of Nederland deems it necessary to amend the
2003 -04 budget to increase revenues and expenditures as set out in Attachment "A" attached hereto;
and,
WHEREAS, the City Council finds that the budget for 2003 -04 fiscal year should be
amended for additional revenues and additional expenditures for specific purposes as set out in
Attachment "A."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS: .
THAT the budget for 2003 -04 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 ofthis ordinance and said budget amendment with
the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 ofthe 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 22 "d DAY OF SEPTEMBER, A.D.,
2003. n
Homer 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
1617
BUDGET ORDINANCE AMENDMENT — ATTACHMENT A
SOLID WASTE FUND
Amend as follows:
Increase 52 -00 -00 -4840 Solid Waste Service
$56,142.00
Increase 52 -33 -00 -6110 Salaries & Wages
33,695.00
Increase 52 -33 -00 -6113 Longevity
672.00
Increase 52 -33 -00 -6121 Group Insurance
10,986.00
Increase 52 -33 -00 -6124 TMRS
5,394.00
Increase 52 -33 -00 -6126 Social Security
2,610.00
Increase 52 -33 -00 -6128 Worker's Compensation
2,785.00
Increase in Solid Waste Budget due to additional rate of $35 and additional position approved
1
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
October 13, 2003
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.
APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to approve the minutes of the September 22, 2003 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
3. ORDINANCE
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve Ordinance No. 2003 -11, denying Southern Union Gas Company's/Texas
Gas Service's requested rate increase filed with the City on November 15, 2002
and establishing the rates to be charged by Southern Union Gas /Texas Gas
Service and its successors within the City of Nederland. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
4. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Radcliff and seconded by
Councilmember Sawyer to approve an agreement with Hays & Owens, L.L.P. for
legal services associated with the Southern Union Gas Company /Texas Gas
Service rate case. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to approve an agreement with Schaumburg & Polk, Inc. for
smoke testing for approximately $15,600.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
V
Absent: Councilmember Nugent.
Minutes continued, October 13, 2003
A motion was made by Councilmember Neal and seconded by Mayor Nagel to
approve an agreement with Neches Engineers for an assessment/investigation of
possible problems, preparation of plans and specifications for corrective work,
preparation of bid documents, and inspections during construction in the Fire
Station in the amount of $7,500.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Sawyer to approve a Professional Services Agreement with
Severn Trent Environmental Services, Inc. for meter reading services in the
amount of $8,500.00 /month. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
5. BIDS /PROPOSALS
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to award bids received for twenty -six (26) street lights for
the Boston Avenue Landscaping and Beautification Project to All -Phase Electric
Supply, Groves, TX, in the amount of $2,545.90/each, with 80% being
reimbursed by TxDOT. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
award bids received for fifty -two (52) benches for the Boston Avenue
Landscaping and Beautification Project to Victor Stanley, Inc., Dunkirk, MD, in
the amount of $795.00 /each, with 80% being reimbursed by TxDOT. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to postpone awarding bids for grating for the Boston
Avenue Landscaping and Beautification Project. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Neal and seconded by Mayor Nagel to
authorize advertisement of bids for sanitary sewer manhole sealing to be
received November 13, 2003 at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
authorize advertisement of bids for sanitary sewer manhole frame reconstruction
to be received November 13, 2003 at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
Minutes continued, October 13, 2003
A motion was made by Councilmember Sawyer and seconded by
Councilmember Radcliff to authorize advertisement of bids for drainage area 3 to
be received November 13, 2003 at 2:00 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
6. STREETS AND SIDEWALKS
A motion was made by Mayor Nagel and seconded by Councilmember Radcliff to
approve the street improvements on 18`h Street at Lindsey Lane. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payments to Schaumburg & Polk, Inc. as follows: $500.44, South 5'h
Street sewer line rehabilitation; $2,635.50, wastewater system improvements
(Treatment Plant); $7,065.00, 2002 -2003 collection system rehabilitation (Year
5); and, $165.00, west annexation area water and sewer improvements.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
A motion was made by Councilmember Neal and seconded by Mayor Nagel to
approve payment of the bills for the month of September, 2003. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
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, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that last Wednesday was the first garbage
collection since the service was changed from Friday. He added that there was
approximately 90 -95 percent participation. Mr. Wimer informed the Council that
a meeting is being held tonight with the residents along South 5th Street
regarding the proposed sewer line project.
Minutes continued, October 13, 2003
1C�:7
Councilmember Sawyer requested an informal meeting be held with Drainage
District No. 7 to discuss drainage issues along Gage Avenue. Andre' Wimer
stated that he will try to set something up.
10. ADJOURN
There being no further business a motion was made by Mayor Nagel and
seconded by Councilmember Sawyer to adjourn the meeting at 3:44 p.m.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, and Radcliff. Noes: None.
Absent: Councilmember Nugent.
Homer E. Nagel, Mayor ~7
City of Nederland, Texas
ATTEST:
LaDonna Floyd, City Clei
City of Nederland, Texas
J
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Lois Coco
Acting City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
-
Homer E. Nagel, Mayor �
LaDonna Floyd, City Clerk
October 13, 2003
Date
_• i
I tr
ORDINANCE NO. 2003 -11
AN ORDINANCE OF TIM CITY OF NEDERLAND, TEXAS
DENYING SOUTHERN UNION GAS COMPANY'S/TEXAS GAS
SERVICE'S REQUESTED RATE INCREASE FILED WITH THE
CITY ON NOVEMBER 15, 2002 AND ESTABLISHING THE
RATES TO BE CHARGED BY SOUTI3ERN UNION GAS/TEXAS
GAS SERVICE AND ITS SUCCESSORS WITHIN THE CITY OF
NEDERLAND.
WHEREAS, on November 15, 2002, Texas Gas Service Company ( "Company",
formerly known as Southern Union Gas Company), a division of Oneok, Inc., filed with
the Governing Body of this municipality a Statement of Intent to Change Rates charged
to consumers within this municipality. Also filed was the proposed Tariffs for Gas
Service in the Southern Jefferson County Service Area -Gulf Coast Region (`"Tariff for
Gas Service's and the supporting Cost of Service Schedules ( "Schedules', under which
the proposed higher rates would go into effect in the City on December 30, 2002; and
WHEREAS, pursuant to Section 104.107 of the Texas Utilities Code, on
December 9, 2002, the City Council adopted Ordinance No. 2002 -15 suspending
implementation of Texas Gas Service's proposed rate schedule from December 30, 2002
until March 20, 2003; and ,
WHEREAS, pursuant to Chapters 103 and 104 of the Texas Utilities Code, the
City is required to (i) analyze Texas Gas Service's rate request; (ii) conduct a public
hearing in order to determine the. propriety of the rate application and rate increase
request (the "Public Hearing "); and (iii) make a reasonable determination of Texas Gas
Service's rate base investment, expenses, revenues and rate of return in the City; and
WHEREAS, the Public Hearing was conducted on February 27, 2003 at which
all interested parties were given a full opportunity to comment on the Rate Filing; and
WHEREAS, on April 11, 2003 a settlement meeting was held with Judge James
Meyers acting as Mediator. The Company agreed to (1) Refile the case on or before June
27, 2003; (2) Employ a test year ending December 31, 2002; and (3) the Company
elected to bond proposed rates under GURA §104.109; and
WHEREAS, on June 27, 2003 the Company refiled its revised rate filing. The
Company's revised filing asserts that the Company could justify an increase of $692,728,
but is requesting the original increase of $518,950; and
WHEREAS, the Company's revised filing significantly changed the allocation of
the rate increase between the classes. The original filing applied the same percentage rate
�v J
increase to all customer classes of 9.9 %. The revised filing proposed a 12.6% rate
increase for residential and a rate decrease for the other classes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS:
SECTION 1
FINDINGS
That the City Council, pursuant to its exclusive original jurisdiction over the rates,
operations and services of Texas Gas Service within the City and in the exercise of its
sound legislative discretion, makes the following findings of fact:
1.1 The Company's original March 31, 2002 test year employed was not adjusted to
reflect the known and measurable changes associated with the sale of the applicant's
assets or updated to reflect the requirements of Section 101.003(16) of the Texas
Utilities Code. The Company admitted that the test year data included in the
Statement of Intent was `old" data.
1.2 On February 12, 2003 the City's rate consultants issued a report, "Summary of
' Findings and Conclusions Regarding the Reasonableness of Southern Union Gas
Company's Statement of Intent to Change Rates Within the Cities of Port Neches,
Nederland, and Groves, Texas ", recommending that the Applicant's Statement of
Intent be dismissed as a deficient filing not meeting the requirements of Section
101.003(16) of the Texas Utilities Code and finding that based on the data provided
by the Applicant adjusted for known and reasonably measurable changes that the
rate increase request should be denied in its entirety.
1.3 On April 11, 2003 the Company and Cities reached an agreement to refile the case
on or before June 27, 2003 employing a December 2003 test year that reflects the
sale of Southern Union Gas Company to Oneok.
1.4 The Company's June 27, 2002 refiled rate filing asserted a rate increase of $692,728
and substantially changed the apportionment of the rate increase between rate
classes.
1.5 On September 8, 2003 the City's rate consultants issued a report, "Summary of
Findings and Conclusions Regarding the Reasonableness of Texas Gas Service
Company's June 27, 2003 Supplemental Rate Filing Package Updating the
Statement of Intent to Change Rates Filed November 15, 2002 within the Cities of
Port Neches, Nederland, and Groves, Texas ", recommending that the City should
reject the Company's proposed increase in its entirety. Based on the Company's
data, the proposed increase would lead to excessive rates. The rate consultants
recommend that rates should remain unchanged.
1.6 Based on the above facts, the City Council finds that the rates proposed by Texas
Gas Service in its Statement of Intent are unreasonable.
" G 1.7 Based on the above facts and in accordance with the mandates of Section 103.001 of
the Texas Utilities Code, the City Council declines to establish new rates for
customers in the City as requested by Texas Gas Service in its Statement of Intent.
SECTION 2
RATES AND CHARGES ORDERED
That based on the findings of fact set forth in Section I of this Ordinance,
Texas Gas Service is hereby authorized to assess the rates and charges in the current
existing tariffs on file in the City as the .maximum permitted rates and charges for
customers in the City, which rates and charges the City Council hereby determines to be
fair, just and reasonable.
SECTION 3
FUTURE RATE INCREASE APPLICATIONS
That based on the findings of fact set forth in Section 1 of this Ordinance, Texas
Gas Service may refile this case with the City employing data meeting the statutory
requirements for the test year.
SECTION 4 '
RESERVATION OF RIGHTS
In order to ensure that rates and charges are assessed by Texas Gas Service in the
City are just and reasonable to both the Company and its customers, the City reserves the
right and privilege at any time to increase, decrease, alter, change or amend this
Ordinance or the rates herein or to enact any ordinance or adopt any rates and charges
which would effectuate that purpose. In this connection, the City further reserves the
right and privilege to exercise any authority and power granted to it under any applicable
law, ordinance or administrative rule or regulation.
SECTION 5
REHEARING BY CITY COUNCIL
The City of Nederland employed the services of Diversified Utility Consultants,
Inc. of Austin, Texas to study the rate request of Texas Gas Service and employed
Richard Hughes to represent it as its attorney during these proceedings and advise and
assist it in its gas utility ratemaking. Diversified Utility Consultants, Inc, has charged the
City of Nederland, along with the City of Port Neches, and the City of Groves, the sum of
$48,706 for its work in this case. The City of Nederland finds that this sum is to be
reasonable and the work necessary in this matter and directs that its pro rata share of the
bill be paid by the City Manager. The City's attorney will charge the City for his work
on this case. The City finds that this service is necessary. The City further orders that
these sums be reimbursed to the City by the utility company in accordance with Sec.
103.022 of the Texas Gas Utility Regulatory act.
SECTION 6
SEVERABILITY
If any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance shall be and remain
in full force and effect and shall not in any way be impaired or affected by such decision,
opinion or judgment.
SECTION 7
EFFECTIVE DATE
This Ordinance shall take effect and be in full force from and after the date of its
adoption. The City Clerk is hereby directed to deliver a certified copy of this Ordinance
to Texas Gas Service.
' AND IT IS SO ORDAINED.
Adopted and Effective Date (Octo 6,cA 31 of Ofr 2
ATTEST:
LaDonna Floyd, City Clerk
-�,..��'
Richard D. Hughes, ughes, City Attorney
r�
Homer E. Nagel, Mayor
1 .♦ i
Z/ J_
1 v L
REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6:00 p.m. October 27, 2003
MEETING
The meeting was called to order at 6:00 p.m. by Mayor Homer E. Nagel at the Nederland
City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Radcliff and seconded by Councilmember Neal
to approve the minutes of the October 13, 2003 as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. RESOLUTIONS
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
approve Resolution 2003 -14, casting votes for Charles Lankford for the Jefferson County
Appraisal District Board of Directors. MOTION CARRIED. I
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve Resolution 2003 -15, approving the 2003 tax roll as certified by the Jefferson
County Tax Office. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Radcliff and seconded by Mayor Pro Tern
Nugent to approve an easement agreement with the Nederland Economic Development
Corporation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. BIDS /PRUCHASES
A motion was made by Mayor Pro Tern Nugent and seconded by Mayor Nagel to
authorize the purchase of a pickup truck for the Water and Sewer Department through
HGAC in the amount of $18,826 from Philpott Motors, Nederland, TX. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, October 27, 2003
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve awarding bids received for water inventory items to Golden Triangle Pipe,
Beaumont, TX, in the amount of $68,789.21. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Neal to approve
payment to ALLCO, Inc. in the amount of $23,095.91, Wastewater Treatment Plant
improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payment to Neches Engineers in the amount of $4,598.52, Water Treatment
Plant roof design. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
7. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tem Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. OFFICIALS'COMMENTS
Andre' Wimer, City Manager, reported that meetings are scheduled to begin this week
between the City and Severn Trent regarding meter reading services, with training to
begin next week.
Mayor Nagel reported that a home on South 1 Yz Street got water inside during last
Saturday's heavy rainfall. The owner informed the Mayor that he was unable to contact
any City personnel to come to his home that day. Drainage District No. 7's ditch was
much higher on the north side than it was on the south side. Mayor Nagel asked if the
City could obtain Drainage District No. 7's plans for the drainage situation in Nederland.
Mr. Wimer responded that he has requested this information from them but has yet to
receive anything. He added that he will write them a letter requesting their work
schedule again.
1
1 J
I 4
Minutes continued, October 27, 2003
ADJOURN
There being no further business a motion was made by Mayor Nagel and seconded by
Councilmember Radcliff to adjourn the meeting at 6:21 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ATTEST:
�C�orw�o 4
LaDonna Floyd, City Clerk
City of Nederland, Texas
NED
U • �
G�y'Zo�RLAN
.�z/% �1� �, -
Homer E. Nagel, Mayor
City of Nederland, Texas
1
1
1
7
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre' Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayo
LaDonna Floyd, City Clerk
Date
1 • 1 !
CITY OF NEDERLAND
RESOLUTION 2003.14
WHEREAS, Senate Bill No. 621, Acts of the 66th Texas Legislature, Chapter 841, 1979,
the City Nederland;
'
provides for establishing an Appraisal District which would concern of 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 December 15, 2003.
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 57
Fred Mitchell
C. L. Sherman
SO RESOLVED, this the ;1 1 day of 2003.
ATTEST:
O . ,- S �
LaDonna Floyd, City Clerk'
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
iCR hard D. Hughes, City Attor y
City of Nederland, Texas
'Homer E. Nagel, Mayor
1
1 J
CITY OF NEDERLAND
RESOLUTION NO. 2003 -15
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND APPROVING THE
2003 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 2003 tax roll.
PASSED AND APPROVED this the oil day of C QC+t'g(K& 2003.
ATTEST:
r.
Qo -vv,o n k
LaDonna Floyd, City Cle
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
Richard 6 Hug es, Q& Attorney
City of Nederland, Texas
1
Homer E. Nagel, Mayo
City of Nederland, Texas
10/10/2003 01 :55:50
TAX COLLECTION SYSTEM
'C500
C E R T I F I E D
R 0 L L J U R I S D I
C T
I O N S U M M A R Y
PROCESSING FOR TAX YEAR:
2003
w
TAX OFFICE: JEFFERSON COUNTY
TAX
OFFICE
JuJ
JURISDICTION:
31 CITY OF NEDERLAND
TOTAL PARCELS:
8,580
TAX RATE:00.660000
GROSS VALUE:
655,396,390
STATE HOM: 0
OPT
HOM: 0.00000
EXEMPT PARCELS:
201
STATE 065: 0
OPT
065: 15,000
EXEMPT VALUE:
33,423,100
DISABLED: 15,000
AG EXCLUSION:
38,810
AG PROPERTIES:
2
HS CAPPED CNT:
1,154
HS CAPPED AMT:
5,405,170
PRIM CHAR CNT:
1
PRIM CHAR VALUE:
95,420
PRORATED CNT:
3
PRORATED VALUE:
8,727
GROSS TAXABLE:
616,425,163
STATE HOMESTEAD
4,890
HOMESTEAD AMT:
0
LOCAL HOMESTEAD
4,890
HOMESTEAD AMT:
0
OVER65
1,605
OVER 65 AMT:
0
LOCAL OVER65
1,605
OVER 65 AMT:
23,744,140
SURVIVING SPOUSE:
22
AMOUNT:
330,000
# OF DISABLED:
130
DISABLED AMT:
1,887,500
VET is $5000
36
VETERAN AMT:
175,000
VET a $7500
9
VETERAN AMT:
67,500
VET a $10000
3
VETERAN AMT:
30,000
VET a 812000
53
VETERAN AMT:
623,660
TOTAL VET
101
VETERAN AMT:
896,160
TOTAL PART XMP:
26,857,800
TAXABLE VALUE:
589,567,833
FROZEN ACCTS:
0
LEVY LOSS:
0.00
TOTAL LEVY:
3,891,147.98
FROZEN GROSS:
0
FROZEN TAXABLE:
0
UNFROZEN LEVY:
0.00
FROZEN LEVY:
0.00
TIF CAPTURED:
0
PAGE: 11
1
1
I REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
3:00 p.m.
MEETING
November 10, 2003
The meeting was called to order at 3:05 p.m. by Mayor Homer E. Nagel at the
Nederland City Office Building, 1400 Boston Avenue, Nederland, TX 77627.
See attached for quorum.
2. APPROVAL OF MINUTES
A motion was made by Councilmember Sawyer and seconded by Mayor Pro
Tern Nugent to approve the minutes of the October 27, 2003 meeting as written.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. ELECTION
' LaDonna Floyd, City Clerk, read the results of the Special Election of November
4, 2003, as follows:
Early Voting Election Day Totals
FOR 820 379 1,199
AGAINST 299 226 525
A motion was made by Mayor Nagel and seconded by Councilmember Neal to
approve the election returns as read. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Mayor Nagel thanked the following election judges and clerks for the conduct of
election day voting, Vera LeBlanc, Presiding Judge; Jeanie Green, Alternate
Judge; Ruby Lackey, Clerk; and Patsy Toups, Clerk.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Sawyer to authorize payment of the elections officials in the amount of $424.00.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, November 10, 2003
4. PROCLAMATION
Mayor Nagel presented a proclamation to Police Chief Darrell Bush supporting '
the "Click It or Ticket' campaign November 18 — December 1, 2003, and the "You
Drink and Drive. You Lose" campaign December 19, 2003 — January 4, 2004.
Chief Bush thanked the Mayor and Council for their support of this effort to save
lives and educate drivers to the dangers of driving without seatbelts, and driving
under the influence.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Neal to approve a Proclamation supporting the "Click It or Ticket'
campaign November 18 — December 1, 2003, and the "You Drink and Drive.
You Lose" campaign December 19, 2003 — January 4, 2004. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
PRESENTATIONS
Representatives of Johnson Controls, Inc. gave a presentation explaining how
their company may be able to assist the City with potential energy and water
conservation measures. Under a program authorized by Section 302 of the
Texas Local Government Code they have established a process whereby an
initial analysis is prepared, at no cost or no further obligation to the City, to
determine whether or not any cost savings could be realized. They explained '
that their company enables government clients to make cost - effective
infrastructure and operating improvements while simultaneously making a
positive impact on operating and capital budgets. Johnson Controls works with
public sector agencies to identify specific areas where operating expenses can
be redirected as well as identify ways to increase dollars without requiring tax
increases, bond issues, or up -front monies from capital budgets. They went on
to explain that the process contains five essential steps: 1. Initial assessment
and preliminary analysis; 2. Request for qualifications; 3. Detailed study and
contract; 4. Implementation; and, 5. Performance and quality assurance. The
projects are financially guaranteed by Johnson Controls and they will implement
a process to measure, validate and quantify the results on an annual basis for
the duration of the agreement. The costs associated with this process will be
included in the final contract and will be funded by the redirection of existing
operating expenses and from the increase in revenue income.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro
Tern Nugent to authorize Johnson Controls, Inc. to prepare a preliminary analysis
of energy conservation, water conservation, and operating costs measures within
the City of Nederland as authorized in the Local Government Code, Chapter 302.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1
Minutes continued, November 10, 2003
Robert Sangster, Water Treatment Plant Supervisor, is requesting that the City
Council consider the use of a chemical, Aqua Mag, in the water system. The
primary purpose of this chemical would be to reduce the occurrences of
discolored water within the distribution system. Aqua Mag forms a thin layer on
the inside of the pipes which prevents direct contact between the water and pipe
wall. The largest potential negative associated with Aqua Mag occurs when it is
first introduced into the water system. Because the Aqua Mag will begin to
disperse existing chemical deposits, there will likely be a four to six week period
of increased discolored water that will require additional flushing by City crews.
The annual costs is expected to be approximately $14,000.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
authorize the use of Aqua Mag for the water distribution system. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Victoria Klehn, Librarian, presented the Three -Year Technology Plan for the
Marion and Ed Hughes Public Library.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to approve the Three -Year Technology Plan for the Marion
and Ed Richard Public Library. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. ORDINANCE
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Sawyer to approve an Amendment to Ordinance No. 121, establishing
procedures and fees for amending plats. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
CONTRACTS /AGREEMENTS
A motion was made by Councilmember Sawyer and seconded by
Councilmember Radcliff to approve a Letter Agreement between the City of
Nederland and BFI Waste Systems of North America, Inc. to discontinue the
existing practice of allowing citizens to dump at the landfill with the City paying
the disposal costs. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
203
Minutes continued, November 10, 2003
8. BIDS /PURCHASES
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to '
approve the purchase of awning for the Marion and Ed Richard Public Library
from Earl's Aluminum, Nederland, TX, in the amount of $2,232.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. PERSONNEL
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the elimination of two (2) Meter Reader positions from the
Billing and Collections Department. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
10. STREETS AND SIDEWALKS
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to authorize the installation of a street light near 8727 — 1st
Street. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None. '
11. PAYMENTS
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
approve payments to Schaumburg & Polk, Inc. as follows: $417.66, South 5th
Street sewer line rehabilitation; $8,947.47, 2002 -2003 collection system
rehabilitation (Year 5); $410.50, west annexation area water and sewer
improvements; $2,728.00, wastewater system improvements (Treatment Plant);
and, $1,248.00, smoke testing. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, 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 October.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
12. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
postpone the Executive Session. MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, November 10, 2003
13. OFFICIALS' COMMENTS
' Andre' Wimer, City Manager, reported that Fire Chief Mike Lovelady was
successful in obtaining funding from the FEMA/DHS Assistance to Firefighters
Grant program in the amount of $138,000. This is a 90/10 grant with the City
matching 10 percent. The funds will be used to purchase portable radios, SCBA
cylinders, breathing air compressor, station vehicle exhaust system, and a
personnel accountability system. Mr. Wimer added that for the calendar year
2003 Chief Lovelady has obtained a total of $244,975.
14. ADJOURN
There being no further business, a motion was made by Mayor Nagel and
seconded by Mayor Pro Tern Nugent to adjourn the meeting at 4:21 p.m.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
IATTEST:
r� Eo Q---, :2v 2=�
LaDonna Floyd, City Clerk
City of Nederland, Texas
bF a
�� ER LAN����`�`.
1
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Homer E. Nagel, Mayor
City of Nederland, Texas
CITY OF NEDERLAND '
AN AMDENDMENT TO ORDINANCE NO. 121
AN AMENDMENT TO THE CODE OF ORDINANCES, CITY OF
NEDERLAND,TEXAS BY ADDING SECTION 94 -33 ESTABLISHING
PROCEDURES FOR AMENDING PLATS IN ACCORDANCE WITH SECTIONS
212.0065, 212.016 AND 212.0145 OF THE TEXAS LOCAL GOVERNMENT
CODE; ESTABLISHING A FEE FOR AMENDING PLATS AND
ESTABLISHING A PENALTY PROVISION.
WHEREAS, the City Council of the City of Nederland finds and determines that it is in
the best interest of the City to establish procedures for amending plats as permitted by the
Texas Local Government Code, § 212,0065.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
SECTION 1:
That the Code of Ordinances, City of Nederland, Texas, is hereby amended by adding a new
Section 94 -33, which reads as follows:
SECTION 94 -33. AMENDED PLATS.
(a) The Building Official may act in accordance with Texas Local Government Code,
§212.0065, as currently in place or subsequently amended to approve: (1)
amending plat, described by the Texas Local Government Code, §212.016; (2)
minor plats involving four or fewer lots fronting on an existing street and not requiring
the creation of any new street or the extension of municipal facilities; or (3) a replat
under the Texas Local Government Code §212.0145, that does not require the ,
creation of any new street or the extension of municipal facilities.
(b) The Building Official may, for any reason, elect to present the plat for approval to the
Planning and Zoning Commission.
(c) The Building Official shall not disapprove the plat and shall be required to refer any
plat which was refused to the Planning and Zoning Commission with the time period .
specified in L.G.C. Section 212.009.
(d) The property owner shall be required to pay an administrative fee in the amount of
$125.00 to the City of Nederland.
SECTION 2: PENALTY
The penalty for violation of this ordinance and all other provisions of Chapter 94, Code of
Ordinances, City of Nederland,.Texas shall be the same as provided in the Code of Ordinances,
City of Nederland, Texas, Section. 1-4.
SECTION 3: REPEAL
All ordinances or parts of ordinances or sections of the Code or parts of sections of the Code in
conflict within this ordinance are hereby repealed but only to the extent of the conflict.
PASSED, APPROVED AND ADOPTED this 10 day of G4,, 2003.
`Homer E. Nagel, Mayor v '
City of Nederland, Texas
.l
REGULAR MEETING OF THE CITY COUNCIL OF THE
ICITY OF NEDERLAND
6:00 p.m.
MEETING
November 24, 2003
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 Sawyer and seconded by
Councilmember Neal to approve the minutes of the November 10, 2003 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. COMMENTS
Jeff and Tracey Smith, 1703 Avenue N, addressed the Council relative to
drainage problems in front of their home. The stated that their home has been
flooded three times and the recent improvements made by Jefferson County
Drainage District No. 7 have not relieved any of the drainage problems. They
presented pictures and videos as evidence of their claim.
After a lengthy discussion the Mayor and Council instructed the City Manager to
have d.p. Consulting Engineers, Inc. to provide an estimate of the costs to
perform a study of the area and make a recommendation as to what could be
done to address this problem.
4. FINANCE
Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report
for the quarter ending September 30, 2003, and the Annual Investment Report
for Fiscal Year 2002 -2003.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
accept the Quarterly Investment Report and the Annual Investment Report as
presented. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Minutes continued, November 24, 2003
5. BIDS /PROPOSALS
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember ,
Radcliff to award bids received for twenty six (26) sets of tree grating for the
Boston Avenue Landscaping and Beautification Project to Express Industries,
Santa Fe, NM, in the amount of $38,922.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. CONTRACTS /AGREEMENTS
A motion was made by Councilmember Neal and seconded by Councilmember
Sawyer to approve an Interlocal Contract with the South East Texas Regional
Planning Commission concerning 9 -1 -1 service and funding. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
7. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payments to Brystar Contracting, Inc. as follows: $248,186.85,
wastewater collection system improvements (Years 4 & 5); $105,397.94,
wastewater collection system improvements (Years 4 & 5); and, $27,868.25,
South 5th Street sewer trunk line replacement. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent. I
Noes: None.
A motion was made by Councilmember Radcliff and seconded by
Councilmember Neal to approve payment to Neches Engineers in the amount of
$697.32, Water Treatment Plant roof design. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Councilmember Neal to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reported that Schaumburg & Polk, Inc. began the
smoke testing last week but has been temporarily suspended due to all the
recent rainfall but should continue after the holidays. He added that staff
opened bids last week for the manhole projects and the Drainage Area 3 project.
Staff and the engineers are reviewing the bids and will make a recommendation
for the next agenda.
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Minutes continued, November 24, 2003
10. ADJOURN
There being no further business, a motion was made by Mayor Nagel and
seconded by Mayor Pro Tern Nugent to adjourn the meeting at 7:00 p.m.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ATTEST:
LaDonna Floyd, City Clerk
City of Nederland, Texas
Alp 0
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"LAI4J.:a�"\`�
Homer E. Nagel, Mayor
City of Nederland, Texas
r' REGULAR MEETING OF THE CITY COUNCIL OF THE
46 3
CITY OF NEDERLAND
3:00 p.m.
1. MEETING
December 8, 2003
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.
APPROVAL OF MINUTES
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve the minutes of the November 24, 2003 meeting as written. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
COMMENTS
Don Pumphrey, Customer Service Manager with Entergy, gave a presentation to Council
of improvements Entergy has performed to increase reliability and thereby reduce
outages of their customers. Mr. Pumphrey stated that, over the past 12 months, Entergy
has spent approximately $4.3 million in the Port Arthur network, which includes
Nederland, on substation improvements, tree trimming, distribution improvements, and
transmission improvements.
The Council and City Manager expressed their appreciation for the work that Entergy
has done during the past few years to improve reliability and customer service in the
area.
Jeff Darby, 1515 26th Street, addressed the Council regarding the 20' utility easement in
the rear of his property. Mr. Darby stated that he had approached the Zoning Board of
Appeals for a variance which would allow him to place pool decking in this easement,
but his request was denied. Mr. Darby further stated that there were no utilities in the
10' of easement closest to his home and would like to request that the 20' easement be
reduced to 10'.
Following discussion, Mr. Wimer stated that the City Council does not have the authority
under State Statute to grant a variance. If, however, the City Council was agreeable to
reducing the width of the easement, Mr. Wimer indicated that Mr. Darby would need to
obtain signatures from all property owners involved agreeing to the reduction of the
easement through their properties, have each property surveyed and replatted showing
the reduction to 10 feet; and receive written documentation from all utilities stating that
reducing the easement would not affect the placement of current or future utilities. Once
this documentation was obtained, Mr. Wimer stated that the City could then approve a
replat of the various properties involved. Mr. Wimer further stated that any costs
incurred for this process would be borne by the property owners.
4. BIDS /PROPOSALS
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to award
bids received for reconstruction of manhole frames to Brystar Contracting, Inc. in the
amount of $38,750.00. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
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Minutes continued, December 8, 2003
5. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve payment to ALLCO, Inc. in the amount of $23,654.68, wastewater plant
improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to approve payments to d.p. Consulting Engineers, Inc. as follows: $1,412.00,
Boston Avenue Pavement Rehabilitation and Beautification, and $2,318.70, upper Main
C drainage improvements. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Councilmember Neal
to approve the bills for the month of November. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
' postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
ADJOURN
There being no further business, a motion was made by Mayor Nagel and seconded by
Mayor Pro Tern Nugent to adjourn the meeting at 3:55 p.m. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E. Nagel, Mayor
City of Nederland, Texas
ATTEST:
Lois Coco, Acting City Clerk
City of Nederland, Texas
2 U 5
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE :::
PRESENT
ABSENT
Homer Nagel
Robert Sawyer
Mayor
Council Member
X
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Andre Wimer
Council Member
City Manager
X
X
LaDonna Floyd
City Clerk
X
Lois Coco
Acting City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Steve Hamilton
Director of Finance
Director of Public Works
X
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
OL &10
10
Lois Coco, Acting City Clerk
/'� -� 0 3
Date
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REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
6 :00 p.m.
MEETING
December 15,2003
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 Neal to approve the minutes of the December 8, 2003 meeting
as written. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
3. CONTRACTS /AGREEMENTS
A motion was made by Mayor Pro Tem Nugent and seconded by Councilmember
Radcliff to approve an Easement Agreement with King Bethune, Inc. (Parkway
Village) contingent upon no further changes being made to the agreement by
their attorney. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Pro
Tem Nugent to approve a contract with d.p. Consulting Engineers, Inc. for a
drainage study of Allan Meadow II and III, not to exceed $9,300.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Andre' Wimer, City Manager, explained that due to the death of Mr. Eddie King
the lease agreement between him and the City should be terminated. Mr. King
was using the building for Alcoholics Anonymous meetings. Mr. Wimer added
that the group has re- organized under the name of House of Recovery and they
would like to have the lease agreement put in their name. They have meetings
for various organizations, as well as AA.
A motion was made by Mayor Nagel and seconded by Councilmember Sawyer to
terminate a Lease Agreement with Eddie Harston King for the use of the City
owned building at 908 Boston Avenue. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
1 S Minutes continued, December 15, 2003
A motion was made by Councilmember Neal and seconded by Councilmember
Sawyer to approve a Lease Agreement with House of Recovery for the use of the
City owned building at 908 Boston Avenue. MOTION CARRIED. ,
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
4. BIDS /PROPOSALS
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to award bids received for drainage area 3 to Excavators &
Constructors, Inc., Port Arthur, TX, in the amount of $935,082.25. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember
Radcliff to award bids received for sanitary sewer manhole sealing to Peltier
Brothers Construction, Ltd., Houston, TX, in the amount of $320,514.00.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by
Councilmember Neal to authorize the advertisement of bid for a vehicle exhaust
system for the Fire Department. MOTION CARRIED. '
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
5. CHANGE ORDERS
A motion was made by Councilmember Radcliff and seconded by Mayor Pro
Tern Nutqent to approve Change Order No. 2 with Brystar Contracting, Inc. for the
South 5t Street rehabilitation project in the amount of +$12,500.00. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Sawyer and seconded by Mayor Pro
Tern Nugent to approve Change Order No. 1 with Excavators & Constructors,
Inc. for the drainage area 3 project in the amount of - $87,358.27. MOTION
CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
6. DONATION
A motion was made by Mayor Pro Tern Nugent and seconded by Councilmember ,
Radcliff to approve the donation of property and improvements at 12th Street and
Atlanta Avenue from the Nederland Economic Development Corporation to the
City, contingent upon the documents being changed to reflect that no monies will
change hands for the property. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
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Minutes continued, December 15, 2003
7. PAYMENTS
A motion was made by Councilmember Sawyer and seconded by Mayor Nagel to
approve payment to DMS Painting, Inc. in the amount of $11,115.00, Canal
Avenue elevated storage tank painting. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
A motion was made by Councilmember Radcliff and seconded by Mayor Nagel to
approve payment to Neches Engineers in the amount of $320.46, for fire station
structural investigation. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
8. EXECUTIVE SESSION
A motion was made by Mayor Nagel and seconded by Mayor Pro Tern Nugent to
postpone the Executive Session. MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
9. OFFICIALS' COMMENTS
Andre' Wimer, City Manager, reminded Council that this will be the last meeting
of this year, with the next meeting being held January 12, 2004. He reported that
the smoke testing has been completed by Schaumburg & Polk, Inc. and the
report should be presented soon. Mr. Wimer also reported that roll off containers
will be available at the Warehouse during the holidays for citizens to utilize for
Christmas trash.
Councilmember Sawyer stated that the alley located on the south side of the
1200 block of Boston Avenue needs to be repaired. He also asked if the asphalt
that has been milled off Boston Avenue could possibly be used to make the
necessary repairs in the alley. Mr. Wimer stated that he would have the alley
checked by City staff.
10. ADJOURN
There being no further business a motion was made by Mayor Nagel and
seconded by Councilmember Sawyer to adjourn the meeting at 6:50 p.m.
MOTION CARRIED.
Ayes: Mayor Nagel, Councilmembers Sawyer, Neal, Radcliff, and Nugent.
Noes: None.
Homer E.;-Nagel, Mayor
LaDonna Floyd, City Oerk .
/. \
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME
TITLE
PRESENT
ABSENT
Homer Nagel
Mayor
X
Robert Sawyer
Council Member
X
Billy Neal
Council Member
X
Judy Radcliff
Council Member
X
Dick Nugent
Council Member
X
Andre Wimer
City Manager
X
LaDonna Floyd
City Clerk
X
Lois Coco
Acting City Clerk
X
Richard Hughes
City Attorney
X
Darrell Bush
Police Chief
X
Mike Lovelady
Fire Chief
X
Cheryl Dowden
Director of Finance
X
Steve Hamilton
Director of Public Works
X
Rod Hatch
Building Official
X
Victoria Klehn
Librarian
X
Kelly Galloway
Assistant to the City Manager
X
Homer E. Nagel, Mayor
LaDonna Floyd, City Clerk
December 15, 2003
Date
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