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2006REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING January 9, 2006 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Councilmember Rogers to approve the minutes of the December 19, 2005 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 3. HURRICANE RITA Bob Smiley, U. S. Corp of Engineers, gave a brief update regarding Hurricane Rita debris removal. Mr. Smiley reported that pickup between December 23'd and January 2nd was slower due to the holidays and many of the contractors ' returned home to be with their families. Full service was restored on January 3rd and they have been removing approximately 1,500 c.y. per day since that time. He added that they have started the final "clean sweep" on a street -by- street basis to complete the removal of all hurricane related debris. During the final phase they will have an individual assigned to work with a City employee in order to sign off on each street. Mr. Smiley indicated that they should be complete the debris removal for Jefferson County in approximately six weeks. As areas are closed the contractors will merge to other areas in order to speed the process. He added that all debris would be picked up by the Corp. Andre' Wimer, City Manager, stated that some storm debris has been reported in alleyways that we normally do not maintain although it is considered City property. He would like to solicit quotes from tree service companies to have these areas cleaned up. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to authorize City staff to solicit proposals as necessary to clean up certain alleys. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 4. BIDS /PROPOSALS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to award bids received for renovations and repairs to the Marion and Ed Hughes Public Library and the Nederland Recreation Center to N & T 'Construction, Beaumont, TX, in the amount of $425,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 002 Minutes continued, January 9, 2006 A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the lease of a photo copier for the Marion ' and Ed Hughes Public Library from Imagistics for 36 month at $282.32 /month plus maintenance cost of $.069 per color copy and $.009 per black and white copy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve a payment to Galveston Wireless, communications tower, in the amount of $28,578.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to approve payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 6. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember ' Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 7. OFFICIALS' COMMENTS None. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Sheffield, Griffin, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. R. A. Nu ent, yor ATTEST: City of Nederl d, Texas LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT- ABSENT R. A. Nugent Mayor V/ Tim Sheffield Council Member -Ward I Billy Neal Council Member -Ward II Debby Griffin Council Member - Ward III ✓ " Bert Rogers Council Member -Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Lois Coco Acting City Clerk Richard Hughes City Attorney V Darrell Bush Police Chief Gary Collins Che I Dowden Fire Chief Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent,, ayor LaDonna Floyd, City Clerk - C •_ Date i 004 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 6:00 p.m. January 23, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Councilmember Griffin to approve the minutes of the January 9, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. HURRICANE RITA Bob Smiley, United States Corps of Engineers, gave a brief update on the Hurricane Rita debris removal. Mr. Smiley reported they are making ' substantial progress and within the next few days should be 90 -95% complete, excluding stumps. With the additional crews being added he feels that Nederland should be completed within the next two weeks. He added that to date they have removed approximately 78,000 cy of debris. On behalf of the City Council and the citizens of Nederland the City Manager thanked Mr. Smiley for the work performed by the Corps. Their service to Nederland has saved a tremendous amount of tax dollars that otherwise would have been used by City staff. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to authorize the closure of various City street for Heritage Festival activities (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. WAIVER A motion was made by Councilmember Griffin and seconded by Mayor Nugent to authorize the Jefferson County Mosquito Control to fly at low altitudes as I required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 005 Minutes continued, January 23, 2006 6. HAZARD MITIGATION PROJECTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to not submit potential projects to the Division of Emergency Management Hazard Mitigation Grant Programs as recommended by staff. MOTION CARRIED. I i. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. INVESTMENT REPORT A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to accept the Quarterly Investment Report as presented by Cheryl Dowden, Director of Finance (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. RESOLUTION A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Griffin to approve Resolution No. 2006 -01, adopting the Regional Hazard Mitigation Action Plan and the Jefferson County Hazard Mitigation Action Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield,'Neat, Griffin,'and Rogers. Noes: None. • i 9. DISCUSSION Richard Hughes, City Attorney, gave an update on`his research regarding the possible ordinance regarding the residence requirements of registered sex offenders. He stated that this is a subject that is new idea and is quickly growing throughout Texas as well as other states. 'Mr. Hughes added that he has reviewed several ordinances of other cities outside Texas and most of them only regulate residence with regard to proximity to public schools and public places such as parks, etc. He stated that the City could not legally adopt an ordinance that would potentially eliminate all areas of the City. There is currently a Texas state law that prohibits convicted child, molesters while on probation from going within 1,000 feet of public schools, day cares, parks, etc. If the City were to adopt an ordinance he,would suggest that we adopt the same language that is in that law and only, make,it applicable to registered sex offenders who were convicted of crimes against children. Mr. Hughes feels that the City could adopt an ordinance but the regulations should be carefully considered. Shirley LeDoux, 1207 South 14 Street, stated that although she asked the Council to adopt such an ordinance she would not want them to be taken to court over legalities. She agreed that the registered sex offender against children would probably be the way to write a proposed ordinance. After a brief discussion the Mayor and Council directed the City Attorney to draft a proposed ordinance for Council review at a later date. 006 Minutes continued, January 23, 2006 10. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Mayor , Nugent to approve a payment to The LaBiche Architectural Group in the amount of $15,342.01, Hurricane Rita restoration of City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve a payment to Neches Engineers in the amount of $9,431.79, Hurricane Rita roof repairs to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 6:50 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; and, consultation with City Attorney; and, ' Chapter 551.087, economic development negotiations. 12. RECONVENE The regular meeting was reconvened at 7:12 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City has rented a vacuum truck in order to help clear hurricane related debris from drainage inlets. He also reported that the intersection projects that are normally 100% funded by the Texas Department of Transportation will now be an 80/20 split, therefore, he suggested that we may only want to apply for two out of the three this year. He recommended that 14th Street @ Nederland Avenue and 21St Street at Nederland Avenue be considered. LaDonna Floyd, City Clerk, suggested that the City use the iVotronic Direct Recording Equipment (DRE) voting system for early voting and Election Day during the upcoming May 13th General Election. She added that the City leases the equipment from Jefferson County and feels it would be easier for the voters to only utilize the one system rather that operating the DRE and ' the optical scan. The Council agreed to the suggestion of the City Clerk. it 1 1 Minutes continued, January 23, 2006 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 7:20 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Ma or City of Nederland, Texas 007 is CITY OF NEDERLAND , COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I +� Billy Neal Council Member— Ward II ✓ Debby Griffin Council Member —Ward III ✓ Bert Rogers...... Council Member —Ward IV i✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Lois Coco Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Collins Fire Chief ✓ -Gary Dowden Director of Finance V -Cheryl Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official 1/ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager Z R. A. Nugent, ayor LaDonna Floyd, City Clerk l - 3C� Date 1 Jefferson County Mosquito Control District Organized in 1950 Lee A. Chastant, Director I Advisory Commission: 8905 First Street I % Paul Silva, Chairman Beaumont, Texas 77705 Robert J. Bentley, Secretary Phone: (409) 722 -5350 Gerald Gipson Fax: (409) 727 -4176 Vincent J. Mannino tchastant@co.iefferson.tx.us Z- George Mitchell January 4, 2006 AERIAL WAIVER Mayor's Office City of Nederland PO Box 967 Nederland, TX 77627 The Jefferson County Mosquito Control District is authorized to fly low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: Mayor's Office, y of Nederland, Texas Date: Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JWH /pn 1 'tSaq 01 fl, RESOLUTION 2006 -01 A RESOLUTION APPROVING AND ADOPTING THE , REGIONAL HAZARD MITIGATION ACTION PLAN AND THE JEFFERSON COUNTY HAZARD MITIGATION ACTION PLAN. WHEREAS, the cities and counties within the South East Texas Region have experienced severe damage from hurricanes, flooding, wildfires, and tornadoes on many occasions in the past century, resulting in property loss, loss of life, economic hardship, and threats to public safety and health; and WHEREAS, the Regional Hazard Mitigation Action Plan and the Jefferson County Hazard Mitigation Action Plan have been developed after more than one year of research and extensive work on the part of the South East Texas Regional Planning Commission (SETRPC) and numerous local jurisdiction professionals and community members; and WHEREAS, both the Regional and County plans recommend many hazard mitigation actions that will protect the people and property affected by natural hazards that impact the South East Texas Region; and WHEREAS, a public meeting was held on May 7, 2004 to review the Regional and County plans as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Regional Hazard Mitigation Action Plan and the Jefferson County Hazard Mitigation Plan are hereby adopted as the official plans for the South East Texas Region and Jefferson County. PASSED AND APROVED by the City Council of the City of Nederland, Texas this the 23rd day of January, 2006. R. A. Kug May or City of Nederland, Texas ATTEST: 1 � LaDonna Floyd, d, City CI rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard ughes City Attorney City of Nederland, Texas I all ,:0: N'Li" " R.A. Nugent, Mayor Billy Neal, Mayor Fro Tem Tin Sheffield. C ouncilmember De6by GhffQound(rnember Bert Rogers. Coundimember city of.-Ne-derland Andre Wimer. (Nty Manaw RO. Box 967 • Nederland, Texas 77627 • (4091 7234503 • FAX (409Y 723-.1550, Investment Report For the Quarter Ending December 31, 2005 nY F This report has been prepared in accordance with the Public Funds Investment Act jSection 2256.023, Government Code), which requires that a quarterly report be submitted to City 11 th:) the Council detailing investment transactions and performance for the reporting; period. Submitted by the Investment Officers of the City of Nederland M 71; Andre' Wimer, City Manager Cher^wden, Director of Finance Tmgrarnniedfilor Progress" 012 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2005 Investments at Beginning of Period (10 -1 -05) $5,028,511.45 Purchases 50,506.23 Maturities 0.00 Investments at End of Period (12- 31 -05) $5,079,017.68 Maturity Summary at December 31, 2005 ❑ Less than 3 months ❑ 3 to 6 months ® 7 to 9 months ■ 9 to 12 months 1 1 1 -013 ' City of Nederland Summary of Account Activity , Total Portfolio - All Accounts For Quarter Ending December 31, 2005 1 1 1 Fund Allocation at December 31, 2005 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22% General Fund 72% Balance Balance 10/1/2005 Purchases Maturities 12/31/2005 General Fund $3,618,643.37 $36,417.88 $3,655,061.25 Library Fund 29,314.58 194.37 29,508.95 Water & Sewer Fund 1,097,321.33 11,043.41 1,108,364.74 Motel Occupancy Tax Fund 10,585.76 106.53 10,692.29 Solid Waste Fund 711.38 7.13 718.51 Capital Outlay Fund 384.56 3.81 388.37 Police Narcotics Fund 40,930.19 411.93 41,342.12 SRF Construction Funds 161,384.40 1,624.16 163,008.56 MCML Dispatch 648.62 6.59 655.21 Parks & Recreation Fund 21.37 0.12 21.49 Equipment Replacement Fund 49.54 0.74 50.28 Bond Redemption Fund 68,516.35 689.56 69,205.91 $5,028,511.45 $50,506.23 $0.00 $5,079,017.68 Fund Allocation at December 31, 2005 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22% General Fund 72% _ 014 Investment Report Schedule Investments for the Quarter ended December 31, 2005 ' CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest December 31, Number Date Date be held Rate Face Amount 2005 Held at December 31, 2005 Library Special Fund 2307637 01105105 01/04/06 365 1.88% 10,000.00 41.07 Total Interest Earned on CDs for the quarter ended December 31, 2005 541.07 Total Certificates of Deposit held at December 31, 2005 $ 10,000.00 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended December 31; 2005 , FI.Im —wi .�r���T��llalr�►i7A General Fund Water & Sewer Bond Redemp. Capital Outlay Fund Motel Occupancy Library Special Solid Waste Fund SRF Construction Fund MCML Dispatch Police Narcotic Fund Parks & Recreation Fund Equipment Replacement Funds Totals for TEXPOOL Investments $5,018,511.45 $50,506.23 $5,069,017.68 015 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value 10101105 12/31/05 1 3.98% $3,618,643.37 $36,417.88 $3,655,061.25 10101105 12/31/05 1 3.98% 1,097,321.33 11,043.41 1,108,364.74 10/01/05 12/31/05 1 3.98% 68,516.35 689.56 69,205.91 10101105 12/31/05 1 3.98% 384.56 3.81 388.37 10101105 12/31/05 1 3.98% _ 10,585.76 106.53 10,692.29 10/01/05 12/31/05 1 3.98% 19,314.58 194.37 19,508.95 10101105 12/31/05 1 3.98% 711.38 7.13 718.51 10101105 12/31/05 1 3.98% 161,384.40 1,624.16 163,008.56 10/01/05 12/31/05 1 3.98% 648.62 6.59 655.21 10101105 12/31/05 1 3.98% 40,930.19 411.93 41,342.12 10101105 12/31/05 1, 3.98% 21.37 0.12 21.49 10101105 12/31/05 1 3.98% 49.54 0.74 50.28 Totals for TEXPOOL Investments $5,018,511.45 $50,506.23 $5,069,017.68 015 016 1 Investment Report Schedule Investments for the Quarter ended December 31, 2005 ' INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31, 2005 Bond Redemp.Fund 10101105 12/31/05 1 3.04% 328.90 Court Technology Fund 10101105 12/31/05 1 3.04% 9.04 Drainage Construction Fund 10/01/05 12/31/05 1 3.04% 2,753.04 Equipment Replacement Funds 10101105 12/31/05 1 3.04% 1,605.49 General Fund 10101105 12/31/05 1 3.04% 2,755.68 Library Special Fund 10101105 12/31/05 1 3.04% 101.38 Motel Occupancy Fund 10101105 12/31/05 1 3.04% 23.20 Parks & Rec. Fund 10/01/05 12/31/05 1 3.04% 37.78 Police Narcotic Fund 10/01/05 12/31/05 1 3.04% 353.42 Solid Waste Fund 10/01/05 12/31/05 1 3.04% 3,501.54 SRF Construction & Escrow Funds 10101105 12/31/05 1 3.04% 638.84 SSES Fund 10101105 12/31/05 1 3.04% 1,667.66 W & S Certificate Fund 10101105 12/31/05 1 3.04% 430.74 Water & Sewer Fund 10101105 12/31/05 1 3.04% 1,597.00 Water Meter Project Fund 10101105 12/31/05 1 3.04% 239.55 Wastewater Construction Fund 10101105 12/31/05 1 3.04% 2,044.03 $18,087.29 ' 1 1 1 1 Investment Report Schedule December 31, 2005 Interest Earnings for Quarter Ended December 31, 2005 Bond Redemption Fund Capital Outlay Fund Court Technology Fund Drainage Construction Fund Equipment Replacement Funds General Fund Library Special Fund MCML Dispatch Motel Occupancy Tax Fund Parks & Recreation Special Fund Police Narcotic Account Solid Waste Fund SRF Escrow & Construction Funds SSES Fund W & S Certificate Fund Water Meter Project Fund Wastewater Construction Fund Water & Sewer Fund $1,018.46 3.81 9.04 2,753.04 1,606.23 39,173.56 336.82 6.59 129.73 37.90 765.35 3,508.67 2,263.00 1,667.66 430.74 239.55 2,044.03 12,640.41 $68,634.59 ©17 018 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3:00 p.m. February 13, 2006 MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Councilmember Griffin to approve the minutes of the January 23, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ELECTION A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Sheffield to approve Resolution No. 2006 -02, calling for an election to be held ' May 13, 2006 for the purpose of electing a Mayor and two (2) Councilmembers - one from Ward II and one from Ward IV, and appointing a Clerk for Early Voting and a Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. REPORT Darrell Bush, Chief of Police, reviewed the racial profiling report as required by Senate Bill 1074. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to accept the report from the Police Department as required by Senate Bill 1074. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. RESOLUTION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to approve Resolution No. 2006 -03, authorizing participation with other I Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 1r)jq Minutes continued, February 13, 2006 6. BIDS /PURCHASES ' Andre' Wimer, City Manager, explained that the City has purchased rock for the street program utilizing the County bid prices for several years. This year, however, the purchase /delivery process has been altered such that a larger quantity of materials must be ordered and delivered at the same time of the County's shipment. In order to ensure sufficient inventory, staff ordered 10 boxcars at a cost of $34,450. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve the purchase of materials for the street program in the amount of $34,450.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. LICENSE TO ENCROACH A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to approve Resolution No. 2006 -04, authorizing a License to Encroach at 2304 Oak Ridge Avenue and authorizing the City Manager to sign the document. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. APPOINTMENT A motion was made by Councilmember Rogers and seconded by Mayor Nugent to appoint George Spalding to fill an unexpired term on the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffieid, Neal, Griffin, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve the payment of the bills for the month of January. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. L R 090 Minutes continued, February 13, 2006 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the new radio tower was installed ' last week and will be connected later this week. He added that the roof work at the Recreation Center is progressing. Mr. Wimer presented a copy of the proposed street program to the Council for their review prior to approval at the next meeting. He stated that City received a request from the South East Texas Regional Planning Commission to participate in a lobbying effort for Hurricane Rita relief funding. They are requesting funds from Nederland in the amount of $25,000. At this time he is not prepared to recommend approval of their request. Mr. Wimer informed the Council that the City will begin filing charges on the owner of the building on the corner of Nederland Avenue and South 23 Street and initiate a clean -up of the facility. 12. TRAINING To satisfy the requirements of Senate Bill 286 the Mayor, City Council, City Manager, City Attorney, and City Clerk viewed the Texas Attorney General's Open Meetings Training video. Also in attendance were two members of the Firefighters' Civil Service Commission: Jerry McNeill and George Eisenmann; and one member of the Planning and Zoning Commission: Homer Nagel. 13. ADJOURN There being no further business a motion was made by Mayor Pro Tern Neal ' and seconded by Councilmember Sheffield to adjourn the meeting at 4:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. N gen , ayor City of Nede and, Texas ATTEST: LaDonna Floyd,_k City of Nederland, Texas 0 ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member —Ward II Debby Griffin Council Member— Ward III Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Lois Coco Acting City Clerk ✓' Richard Hughes City Attorney % Darrell Bush Police Chief Gary Collins Fire Chief �✓ Che I Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official ✓✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager i✓ R. A. Nugent„ M 6r - ( n LaDonna- Floyd, City Clerk Date 021 022 CITY OF NEDERLAND RESOLUTION 2006 -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 13, 2006; 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 13, 2006 there shall be elected the following officials for this City: Mayor One (1) Council member, Ward II One (1) Council member, Ward IV WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. 1 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 second Saturday in May, 2006, 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 the sixty- second (62nd) days before the election or earlier than the 9151 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 11, 2006, which is a Saturday, therefore, will be moved to the next regular business day, February 13, 2006 at 8:00 a.m., with the last day for filing to be March 13, 2006 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 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. 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 twelfth (12th) day and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, May 2, 2006 and Tuesday, May 9, 2006. 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. 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. All ballots shall be prepared in accordance with Texas Election Code. Optical Scan ballots shall be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early-; voting by personal appearance and voting on Election Day. The City Council hereby i adopts for use in early voting- and Election Day voting the iVotronic VoUbg System v6,0.1.0 (DRE) as approved, by the Secretary of State. -All expenditures necessary for thp_condUct 61 the election,- the,purchase of materials therefore, and the employment of all 60ctjon�,pff ictails is heyeby authorized._ _ �Tljq-,Mayqr shall-give . notice of this.. election. i,9,.ja0Qordancq With the term's and p(QvjslorAs,of.S0ctiq.ns 4,004.,A ��.01 0, 85.004, and, 45,007 of the Election Code, and all necessary ecessary orders and wri% tpr.saijJ-Qlpctio6..shalhb.Oissued by they. proper. authority; I to the City Council immediately after the closing .id election -: 611all.be-mA06 of the polls. 7 ,jtjs_1,vrthpF j6und,and . ;;determined -that in accord4rice . with. the order. of this g6,.y,0rnl9g.body, the City 'Clerk'posted'written notice of I the date, , place and'subjoct of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the. general, public,.. and said nqtIce having. been posted and remaining pbsfed, oontfnuousjy,for at. least 72_ hours preceding I the-,scheduled time of sAid,me0W j,ng, PASSED, APPROVED AND ADOPTED this 13th day of February, 2006. R. A. Nug4nt, or City of NederlaM, Texas ATTEST: LaDonna Floyd, City Cldrk City of Nederland, Texas APPROVED AS TOFORM AND LEGALITY: Richard D. Hughes City Attorney Nederland; Texas---- - 023 024 CITY OF NEDERLAND RESOLUTION NO. 2006-03 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 2006. 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 because EGSI's ability to control the market in its region has not been evaluated, EGSI will continue to be regulated; '.... WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on EGSI and customer bills during the continued transition to competition; WHEREAS, EGSI is scheduled to litigate its request in various proceedings at the Public Utility Commission in 2006 related to transition to competition expenditures; capacity cost surcharges; various fuel cost surcharges; Hurricane Rita losses, and for approval of various market structures necessary for the implementation of fair competition; WHEREAS, EGSI is scheduled to file a fuel factor proceedings at the Public Utility Commission in March and September 2006, and file other fuel proceedings during 2006 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and I ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to TeL 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 rate filings related to the recovery of transition to competition costs, capacity costs and fuel cost proceedings, which include fuel reconciliation(s), fuel factor and fuel surchargehefund cases and'costFecovery proceedings related-to Hurricane -Rita impacts filed at the Public Utility Commission in 2006 seeking appropriate regulatory scrutiny. The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission filed in 2006 concerning EGSI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes. 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 I 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. 1 1 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this _!3 day of t i �A. i _ , 2006. ATTEST: LaDonna Floyd, City CIA, APPROVED AS TO FORM AND LEGALITY: -s i - Richard D. Hughes, Cify Attorney R. A. Nugent, ayor 025 t 025 0 ') F 1 CITY OF NEDERLAND RESOLUTION 2006 -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND GERALD W. ALBANESE AND WIFE, TERRI LYNN ALBANESE, REGARDING ENCROACHMENTS ON LOT 2, BLOCK 8, CHRISTINA COURT 4 TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Gerald W. Albanese and wife, Terri Lynn Albanese (Licensees), pertaining to encroachments on Lot 2, . Block 8, Christina Court 4, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the 115 day ofoZ, 2006. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughe , City Attorney City of Nederland, Texas R. A. Nugent, tyayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 27, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve the minutes of the February 13, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a proclamation to Reagan Hawkins, President Elect, Nederland Teachers Association, declaring February 23, 2006 as "Read Across America Day" in Nederland. Mr. Hawkins thanked the City Council for their support. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a Proclamation declaring February 28, 2006 as "Read Across America Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:04 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the Application and /or Resolution in regards to the Office of Rural Community Affairs Hurricane Disaster Relief Fund. Andre' Wimer, City Manager, stated that it may be possible for the City to qualify for and receive ORCA funds to pay for hurricane - related expenditures that are not reimbursed by either the City's insurance or FEMA. The maximum amount available would be $350,000. The Public Hearing is the first step in the application process for these potential funds. Randy Blanks, David J. Waxman, Inc., added that the City Council will need to approve the actual project sometime in the near future. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened by Mayor Nugent at 6:05 p.m. 028 Minutes continued, February 27, 2006 DISCUSSION Richard Hughes, City Attorney, presented a proposed ordinance that would ' place restrictions on registered sex offender's residency by prohibiting them from residing within 1,000 feet of a school, day -care facility, or public parks within the City limits. He stated that he is reluctant from including playgrounds and arcades because he is fearful that it would encompass the entire City. He only included those sex offenders that have been convicted or or placed on deferred adjudication for a sexual offense involving a child for which the individual is required to register as a sex offender. Mr. Hughes discussed the definition he included for "residence" which states that it is where a person resides for a period of four or more days, but he added that the City Council could change that time frame to whatever they deemed appropriate. Sex offenders who currently reside in the City would be "grandfathered" under the ordinance. A map showing the areas of the City that are within the proposed 1,000 feet was available for viewing. Mr. Wimer added that the proposed ordinance did not include area churches that provide Mother's Day Out care facilities. Mr. Hughes stated that these types of day cares could be added to the definition. Councilmember Rogers asked if the distance is measured from the easement or property line. Mr. Hughes responded that it is from the property lines and he is suggesting that the measurement criteria needs to be fined tune to clearly state the procedure used. Mr. Wimer stated that no action will be taken today and asked that the ' Council continue to review the proposed ordinance and report back to him with any comments and /or suggestions. He added that he will have the map updated to include the Mother's Day Out facilities. 6. STREET PROGRAM A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Rogers to approve the 2006 Street Program (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. WATER AND SEWER A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to accept two (2) easements from the Nederland Economic Development Corporation; and, to accept a sewer line; a water line and fire hydrant, and a water line from the Nederland Economic Development Corporation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. I 029 Minutes continued, February 27, 2006 S. BIDS /PURCHASES A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to award bids received for repairs to the Fire Station to Daniels Building and Construction, Beaumont, TX, in the amount of $143,702.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve an agreement with DSR & Associates for inspection of the Hardy Avenue water tower. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to approve an agreement with DSR & Associates for hurricane - related repairs to the South 5"' Street and Canal Avenue water towers. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a contract with the Houston Area Library Automated Network (HALAN) for an integrated library operating system. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to approve a contract with d.p. Consulting Engineers, Inc. in the amount of $52,000.00 for engineering services associated with the City's FY 2006 Texas Community Development Program Grant contingent upon final approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. TEXAS COMMUNITY DEVELOPMENT PROGRAM A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Resolution No. 2006 -05, designating signatories for the City's FY 2006 Texas Community Development Program Grant project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. a 030 Minutes continued, February 27, 2006 11. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve a payment to Neches Engineers in the amount of $1,104.14, Hurricane Rita roof repairs to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $6,252.50, Hurricane Rita restoration of City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve a payment to Galveston Wireless L.L.C. in the amount of $28,578.50, communications tower, contingent upon City staff satisfaction with the project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember ' Sheffield to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 13. OFFICIALS' COMMENTS None. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nu ent, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City CI k City of Nederland, Texas ' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 031 NAME TITLE PRESENT ABSENT R. A. Nugent Mayor !� Tim Sheffield Council Member —Ward I Billy Neal Council Member— Ward II Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV ✓ Andre Wimer City Manager LaDonna Floyd City Clerk l✓ Lois Coco Acting City Clerk ✓ Richard Hughes City Attorneye✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance / >/ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian L� Kelly Galloway Assistant to the City Manager L R. A. Nu ent,, yor 1 1 d L•aDonna Floyd, City Clerk Date 032 Proposed 2006 Street Program with Preliminary Costs Level Up Location From To Length Cnst Hardy Ave Nederland Avenue Ave H 3120 $7,000.00 17th Street I Helena Canal 1 2600 1 $7,000.00 Canal Hwy 69 Hwy 347 8425 $10,000.00 Sub -total 14145 $24,000.00 Bomag & Seal Coat Location From To Length Cost South 35th Street Hardy Avenue Nederland Avenue 1850 $3,422.50 Avenue C South 27th Street South 21st Street 1950 $3,607.50 Avenue C South 17th Street South 16th Street 370 $684.50 Avenue C South 14th Street South 14th 1/2 Street 150 $277.50 Avenue E South 27th Street South 21st Street 1950 $3,607.50 Avenue A South 14th Street South 14th 1/2 Street 150 $277.50 South 14th 1/2 Street Nederland Avenue Dead End 1215 $2,247.75 South 8th Street Avenue H Avenue E 1000 $1,850.00 Chicago Avenue 7th Street 11th Street 1720 $3,182.00 Elgin Avenue 17th Street 21 st Street 1280 $2,368.00 Franklin Avenue 16th Street 1 21 st Street 1580 $2,923.00 Gary Avenue 27th Street I Dead End 630 $1,165.50 Sub -total 13845 $25,613.25 Seal Coat Road Rock $34,500.00 Location From To Length Cost Hillterrace Drive Hardy Avenue Hwy 365 3618 $4,522.50 South 29th Street Avenue H Hwy 365 2658 $3,322.50 Sub -total 6276 $7,845.00 Length Tntal Road Repairs 27990 $57,458.25 Equipment Rental $35,000.00 Road Rock $34,500.00 Equipment Repairs $2,000.00 CRC Concrete Raising $20,000.00 Boston Ave Sidewalk Repair 1 $400.00 Total Cost F 149,358.25 1 1 1 1 D [<z-s lull _ L _ 1177 F 11 l EN I'll T- �I-r- Ir;inoi i R 1_ r I - �Iv Lj a 4 a �- - -- cc o o is ° U U' N E o is � ad cn Y Q 0 o o — 'a a m > in C �, p rr J cn F— t lull _ L _ 1177 F 11 l EN I'll T- �I-r- Ir;inoi i R 1_ r I - �Iv Lj a 4 a �- - -- Q3 A CITY OF NEDERLAND RESOLUTION NO. 2006 -05 WHEREAS, the City of Nederland has been awarded a FY 2006 Texas Community Development Program Grant for $250,000.00 from the Office of Rural Community Affairs, and WHEREAS, this Grant will replace water and sewer lines serving the Atlanta /Chicago Street Neighborhood, and WHEREAS, certain documents will need to be signed by authorized persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE-CITY OF NEDERLAND, TEXAS: THAT, the below listed individuals are designated by the City Council as authorized signators for the following contractual documents: 1. STATE OF TEXAS PURCHASE VOUCHER a. Andre' Wimer, City Manager b. LaDonna Floyd, City Clerk 1 2. REQUEST FOR PAYMENT ' a. Andre' Wimer, City Manager b. LaDonna Floyd, City Clerk PASSED AND APPROVED by the City Council of the City of Nederland this the day, of ES&L ,a� , 2006. R. A. Nugent, ayor City of Neder nd, Texas ATTEST: LaDonna Floyd, City CI rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, City orne , Y City of Nederland, Texas ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 13,2006 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A.. Nugent at the Nederland City Office Building, 1400 Boston,Avernj , Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember' Griffin and seconded by Councilmember Sheffield to approve the minutes ,of_the February, 27, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 1. 3. DISCUSSION ' Andre' Wimer, City Manager, explained that since the last discussion regarding the proposed registered sex offender ordinance the map was updated to include those facilities that provide a:Mother's Day Out pay Care service. This was the only change made to the ordinance. Councilmember Sheffield asked if the violation would be a misdemeanor. Mr. Hughes, City Attorney, responded that it would be.a misdemeanor and would also be a probation violation if the offender were still on probation. The probation guidelines are more strict than the proposed ordinance in that they prohibit an offender from even going to those locations, whereas, the ordinance only prohibits them from residing within 1,000 feet. Mr. Wimer asked if there are any suggestions for the ordinance, if not, it will be placed on the next agenda for final approval. 4. ELECTION A motion was made by Councilmeniber-,¢togers and seconded by Councilmember Griffin to approve Resolution No: 2006 -06, appointing Jeff Ortiz, Presiding Judge, and John Ortiz; Alternate Presiding Judge for the May 13, 2006 General Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield; Neal, Griffin, and Rogers. Noes: None. 1 036 Minutes continued, March 13, 2006 5. RESOLUTION I A motion was made by Councilmember Sheffield and seconded by Mayor Pro ' Tern Neal to approve Resolution No. 2006 -07, suspending the effective date of the proposed Texas Gas Service rate increase for an additional 30 days. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. CHANGE ORDER A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve Change Order No. 1 with N & T Construction Co., Inc., renovations to the Nederland Recreation Center and Hughes Public Library, in the amount of +$9,604.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Change Order No. 1 with Mike Barnett Construction, Fire Station roof repairs, in the amount of +$2,180.00. MOTION CARRIED. Ayes, Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. STREETS AND SIDEWALKS I A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve Ordinance No. 2006 -01, designating "no parking" areas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes, None. S. STREET LIGHTS A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to authorize the installation of a street light at 8136 Beauxart Garden Road and 148 Detroit Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. POLICIES AND PROCEDURES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve Request for Proposal procedures for engineering services associated with Texas Department of Transportation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. n ;� 1- r Minutes continued, March 13, 2006 10. HEALTH INSURANCE A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Griffin to approve a contract with City- County Benefits Services to assist with the preparation and evaluation of bids for employee health insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal appointing Terry Hale of City- County Benefits Services as the agent of record for the purpose of managing the competitive bid process for employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Sheffield to authorize the advertisement of bids for employee health insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve an agreement with Tower Medical Center of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve a contract with Schaumburg & Polk, Inc. for engineering services related to evaluating the requirements for standby generators for City buildings in the amount of $4,900.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tem Neal to approve a contract with Carroll & Blackman, Inc. for surveying and engineering services associated with sewer relocation and replacement projects along 12th Street and Ditch B5 and Avenue H. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. HURRICANE RITA A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve Ordinance No. 2006-02, waiving various permit fee provisions and zoning restrictions regarding travel trailers related to Hurricane Rita. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal,-Griffin, and Rogers.. Noes: None. 038 Minutes continued, March 13, 2006 13. PAYMENTS I A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to approve payment of the bills for the month of February. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 14. EXECUTIVE SESSION The regular meeting was recessed at 3:40 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. 15. RECONVENE The regular meeting was reconvened at 3:56 p.m. by Mayor Nugent. He I announced that the Executive Session was held for informational purposes only. 16. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that we may join with the Cities of Port Neches and Groves to conduct an auction of surplus equipment. It is anticipated that the auction will be held at the City of Nederland Warehouse. He also reported that repair work at the Library is tentatively scheduled to begin April 3'd, therefore, it may be necessary to close the Library during that week due for carpet installation. 17. OPEN RECORDS TRAINING To satisfy the requirements of Senate Bill 286 the Mayor, City Council, City Manager, City Attorney, City Clerk, and Executive Secretary viewed the Texas Attorney General's Open Records Training video. Also in attendance was Homer Nagel, member of the Planning and Zoning Commission. 18. ADJOURN There being no further business a motion was made by Councilmember ' Rogers and seconded by Councilmember Griffin to adjourn the meeting at 5:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, March 13, 2006 C ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas 1 1 �G R. A. Nugent, Ma r City of Nederland, exas 039 04n CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member— Ward II Debby Griffin Council Member —Ward III v/ Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Lois Coco Acting City Clerk Richard Hughes City Attorney►� Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent , ayor Q. llzeoa LaDonna Floyd, City Clerk - 3- i3,o�� Date 1 1 1 C 1 RESOLUTION NO. 2006 -06 A RESOLUTION APPOINTING ELECTION OFFICIALS IN ACCORDANCE WITH THE TEXAS ELECTION - CODE. WHEREAS, in accordance with the Texas Election Code the governing body of the City of Nederland shall appoint the Presiding Judge, Alternate Presiding Judge, and Presiding Judge of the Early Voting Ballot Board for the Cit* of Nederland General Election to be conducted May 13, 2006. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council hereby appoints Jeff Ortiz as Presiding Judge and John Ortiz as Alternate Presiding Judge, and the clerks of the election will t e appointed by the Presiding Judge in a number not to exceed four (4) clerks; and, THAT the Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Jeff Ortiz 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. PASSED AND APPROVED at a regular meeting of the City Council of the City, of Nederland this the 13`h day of March, 2006. R. A. Nuge Mayor I' City of Ned rland, Texas ATTEST: i _ La Donna Floyd, City Clerk City of Nederland, Texas I 7-t ,042- RESOLUTION NO. 2006-07 RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE REVIEW INTO THE REASONABLENESS AND PRUDENCE OF THE PROPOSED RATES OF TEXAS GAS SERVICES SOUTH JEFFERSON COUNTY SERVICE AREA ( "TGS "); SUSPENDING THE EFFECTIVE DATE FOR THE PROPOSED RATES OF TGS AN ADDITIONAL THIRTY DAYS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, on or about November 23, 2005 TGS filed a Statement of Intent with the City Clerk in order to change rates and increase revenues; and WHEREAS, according to TGS the new rates would go into effect on December 28, 2005;and WHEREAS, in order to properly review the requested rates it was necessary for the City to suspend the proposed effective date for ninety days; and WHEREAS;' delays in evaluating the Company's records requires an additional thirty day extension of the proposed effective date; and ' WHEREAS,- -TGS has agreed tb';`an addtnonal" thirty day extension of the proposed effective date from March 28 to Elpril 27; and WHEREAS, .pursuant to Section 103.022 of'.the _Texas Utilities Code reasonable municipal rate case expenses are reimbursable by the gas utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLANDi TEXAS THAT:'. Section'l' The Vatements ser but in the p'reambld to this resolution are adopted herein as if fully set forth herein. Section 2. The proposed effective date by TGS is suspended for an additional thirty days until April 27, 2006. Section 3. TGS shall promptly reimburse the City's rate case expenses. Section 4. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. Section 6. This resolution shall be effective immediately upon passage. PASSED AND APPROVED 13 day of 'n Cwt cA 2006. �� 1 R. A. Nuger6iMayor City of Ned land, Texas 1043 CITY OF NEDERLAND ORDINANCE NO. 2006 -01 AN ORDINANCE REPEALING §97 OF ORDINANCE 107, AND AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON ' CERTAIN STREETS IN DESIGNATED AREAS IN THE CITY OF NEDERLAND; AND PROVIDING PENALTY (NOT TO EXCEED $200.00 EACH. DAY), REPEALING AND SEVERABILITY CLAUSES. WHEREAS, the City Council of the City of Nederland finds that the unrestricted, parking of vehicles on certain streets at various locations within the City limits of the, City, of Nederland poses a serious threat to the community; and WHEREAS, the City Council of the City of Nederland finds that it is in the best interest of the citizens of the City of Nederland to protect lives and property to prohibit parking of certain vehicles on certain public streets at various locations and to adopt an ordinance as hereinafter set forth; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION I — NO PARKING ZONES That Chapter 102, "Traffic and Vehicles ", "Division 12. Stopping, Standing or'Parking' Generally' is hereby amended to add Section 102 -243 "No Parking Zones on Designated Streets" to the Code of Ordinances of the City of Nederland, Texas, to read as follows: Section 102 -243. No Parking Zones on Designated Streets. ' It shall be unlawful for any person, firm or corporation to intentiona(ly; knowingly or willfully park a motor vehicle on a street at any location listed within this ordinance and identified by signs reading: "NO PARKING ZONE ". The streets and no parking locations are as follows: 1) East & West sides of 27'" Street from Canal Ave. to Helena Ave. 2) West side of 13'" Street from Helena Ave. to Franklin Ave. 3) West side of 18'" Street from Nederland Ave. to Atlanta Ave. 4) North & South sides of Atlanta Ave. in the 1500 block 5) East & West sides of 27'" Street from 350' South of Nederland Ave. continuing North for 850' 6) East side of South 61" from Nederland Ave. to Ave. D 7) West side of 181" Street from Detroit continuing North for 30' _ 8) West side of 19`" Street from Detroit continuing North for 30' 9) West side of 21" Street from Detroit continuing North for 30' 10) West side of 15" Street from Helena continuing South for 75' , 11) North side of Atlanta from the Westerly boundary line of Hwy. 347 continuing West for 150' 12) Both sides of 18'" Street from Seattle Ave. to Spurlock Rd. 13) Both sides of Seattle Ave. from 18'" Street to the dead end 14) West side of 23'" Street from Gary Ave. continuing North 150' 15) East side of 17' Street in the 200 block from 7:30 AM — 4:30 PM 16) North side of Avenue FTo riouiPS25''StreetTa SDi7ttr2i 'Street — "-- -- 17) East side of South 13'" Street from Avenue A continuing South for 1000' , 18) East side of South 291" Street from Avenue O to Highway 365 19) South side of Park from 37" Street to Hill Terrace Ave. 20) South side of Avenue H from the Doornbos Park swimming pool parking area continuing West for 60' 21) West side of South 16'" from Nederland Ave. to Avenue B 22) East & West sides of South 17'" Street from Avenue E continuing South ' for 240' 23) North side of Avenue B from South 91" continuing West for 380' 24) East side of South 37'" Street from Park Ave. continuing South for 800' 25) North side of Park from 36'" Street continuing East for 350' 26) North & South sides of Memphis Ave. from 27'" Street continuing East for 40' 27) Both sides of 36'" Street from Nederland Avenue continuing North for 140' ME SECTION II — PENALTY CLAUSE Any person, firm or entity violating this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by fine as provided in Sec. 102 -323 of the Code of Ordinances of the City of Nederland, Texas; provided, however, that each day of violation shall constitute a separate offense. SECTION III — REPEALING CLAUSE This ordinance repeals § 97 of Ordinance 107, and other sections thereof relating to no parking locations on specifically designated streets. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance,_ shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.+ SECTION IV — SEVERABILITY CLAUSE If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. SECTION V — EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland at a regular meeting on this the 13`h day of March , A.D., 2006. lqA R. A. Nugent yor City of Nederi d, 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 AW I 1 n47i ' 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.1 aboratory 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 1 ) TESTING SERVICES AND'FEES TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing program to the City of Nederland employees. The description of integrated services to be performed and fees to be charged are set forth in the attachment marked Exhibit "A' (consisting of one page), which is incorporated herein by reference. TESTING FACILITY further agrees to adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to employee drug/alcohol testing, including but not limited to the provisions regarding confidentiality, chain of custody, and gu}dglines 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. 0 4 P 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 1st day of April, 2006 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 l,4 day of 'f ja,l01 , 2006. ATTEST: TOWER MEDICAL CENTER OF NEDERLAND 1 By: C � Its: CITY OF NEDERLAND, TEXAS I I 1 o4'ctiwtg rcrcti�_ By: �r LaDonna Floyd, City Clerk ' Its: �C3w e 047 ' EXHIBIT A AGREEMENT FOR SERVICES APRIL, 2006 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) $15.00 Review and consultation with the applicant/employees regarding ' his/her test results. Non -DOT Drug Screen With Confirmation $25.00 Alcohol Test $25.00 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 keepin etention (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 04S CITY OF NEDERLAND ORDINANCE NO. 2006-02 AN ORDINANCE TEMPORARILY WAIVING PERMIT FEES REQUIRED UNDER NEDERLAND BUILDING ORDINANCE 2004 -03, FUEL GAS ORDINANCE 2005 -04, PLUMBING ORDINANCE 2005 -05, MECHANICAL ORDINANCE 2005 -06, AND ELECTRICAL ORDINANCE 2005 -07 ON RESIDENTIAL RECONSTRUCTION AND DEMOLITION RELATED TO DAMAGE CAUSED BY HURRICANE RITA; AND TEMPORARILY WAIVING PERMITS, PERMIT FEES AND INSPECTIONS FOR REPAIRS TO ELECTRICAL METER CANS AND RISERS DAMAGED BY HURRICANE RITA; AND TEMPORARILY WAIVING THE ZONING RESTRICTIONS UNDER ORDINANCE NO. 259 TO ALLOW TRAVEL TRAILERS TO BE PLACED ON PRIVATE RESIDENTIAL PROPERTY DAMAGED BY HURRICANE RITA; ESTABLISHING A WAIVER PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland finds that Hurricane Rita struck the Texas Coast on September 24, 2005, causing massive destruction and a temporary housing emergency in the City of Nederland, Texas; and WHEREAS, the City Council of the City of Nederland finds that the expeditious restoration of electrical services and the restoration of residential property is crucial for the health, safety and welfare of the citizens of Nederland, Texas; and 1 WHEREAS, the City Council of the City of Nederland finds that the placement and ' occupancy of travel trailers on private properties within the City is necessary due to certain hardships caused by the extensive damage to residential and commercial property caused by Hurricane Rita; and WHEREAS, the City Council has previously approved Ordinance No. 2005 -22 which granted waivers for the period September 26, 2005 through March 31, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the permit fees imposed by any or all of the following ordinances are temporarily waived for residential reconstruction and demolition: Building Ordinance 2004 -03 Fuel Gas Ordinance 2005 -04 Plumbing Ordinance 2005 -05 Mechanical Ordinance 2005 -06 Electrical Ordinance 2005 -07 The fees waived are only for residential structures being repaired and/or demolished due to damage caused by Hurricane Rita. Permits and inspections will be required for all storm damage construction caused by Hurricane Rita, with the exception of fence replacement, tree trimming and repairs to meter cans and risers. New construction due to demolition and/or additional square footage, and all commercial reconstruction will require permit fees. The following is an example of the permits that are required with a temporary waiver of permit fees: (i) roof repairs; (2) structural repairs; (3) mold or water restoration; (4) plumbing repair; (5) electrical repair; and (6) mechanical repair. ' Section 2, That the restrictions imposed by Nederland Trailer Park Ordinance 259 prohibiting the placement and occupancy of travel trailers on property outside of Trailer Park Districts without approval on hardship grounds by the Trailer Park Board of Appeals are temporarily waived and suspended but only as to the following: (1) property owners using travel trailers for their personal housing on their residential property damaged by Hurricane Rita; and (2) ' commercial governmental and/or insurance related businesses requiring additional_ office space or.relocatiod due to Humcane Rita Sechon`3: The °waivers g. r'a"Ated id this 'Ordinance apply to the period from April 1, 2006, through September 30, 2006, All waivers granted herein are revoked effective September, 30, 20065, upiess further' extended by Ordinance adopted by the City Council of . the City of Nederland, _ WHEN EFTECTFVE: This Ordinance shall be effective from and after its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this the /3 day of '1jQAQA , 2006. R. A. Nugent ayor ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Xttorney City of Nederland, Texas 1 1149 050 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. March 27, 2006 MEETING The regular meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Mayor Pro Tern Neal to approve the minutes of the March 13, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PRESENTATIONS Mayor Nugent recognized Richard McKeever on his retirement and thanked ' him for his 32 years of service to the City of Nederland and the Nederland Police Department. The Council also thanked Mr. McKeever for his dedicated service to the City and citizens of the community. At this time Mayor Nugent asked former Mayor Homer Nagel to make the presentation. On behalf of the Mayor and Council Mr. Nagel presented Officer McKeever with a ring and certificate as appreciation for his many years of service to Nederland. Officer McKeever thanked the Mayor, Council, City staff, and Mr. Nagel for the opportunity he was given in serving the citizens of the City of Nederland. Mayor Nugent then recognized Lois Coco on her retirement and thanked her for her more than 24 years of service. He and the members of the Council each praised Mrs. Coco for her outstanding performance over the years. Mr. Wimer, City Manager, added that she will be greatly missed and thanked her for the many years she served as his Executive Secretary. Mrs. Coco thanked the Mayor, City Council, and City staff for the confidence shown to her over the years and will always think of the City as family. 4. FINANCE — AUDIT Brad Brown, Edgar, Kiker and Cross, PC, reviewed the FY 2003 -2004 audit. ' Mr. Brown stated that they issued an "unqualified opinion" which is the highest possible. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit. 051 Minutes continued, March 27, 2006 A motion was made by Councilmember Griffin and seconded by ' Councilmember Rogers to accept the FY 2004 -2005 audit as prepared by Edgar, Kiker & Cross P.C. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:31 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 1911 Queens Avenue 3707 Avenue H, Space 19 719- 10`h Street 3707 Avenue H, Space 31 2223 Nederland Avenue 3707 Avenue H, Space 32 1515 Nederland Avenue 3707 Avenue H, Space 36 2424 Avenue H 3707 Avenue H, Space 43 1011 Chicago Avenue Rod Hatch, Building Official, gave a brief report on each structure. He stated that all would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001 -07. He recommended that if any of the ' structures are not repaired or removed by the deadline imposed by the Council that they be demolished. Christopher Erickson, 719 - 10th Street, addressed the Council relative to this structure. He stated that the property became his responsibility after the death of his mother and he has been having difficulty putting the property in his name. He wants to sell the property but until he can actually get his name on the deed he will not be able to sell it. He realizes the structure is in need of repairs but at this time does not have the resources to proceed with the work. He asked the Council to grant him as much time as possible before they proceed with demolition. Mark LeGrande, 1515 Nederland Avenue, informed the Council that he had a structural engineer perform a thorough inspection on this structure and the report showed no major damage and the inspector was impressed with the soundness of the building. Mr. LeGrande added that he has already started making some repairs and would like to request that the Council grant him additional time before a demolition order is given. Carl Parker, attorney for Mr. Darrell McCoy who is the owner of the mobile home park located at 3707 Avenue H, stated that his client is aware that these structures are in need of demolition. He added that Mr. McCoy has replaced the privacy fence surrounding the park and would like to request additional time to have the damaged mobile homes removed. ' There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 7:21 p.m. by Mayor Nugent. 052 Minutes continued, March 27, 2006 6. ABANDONED AND DILAPIDATED STRUCTURES ' A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to set a 30 -day time period for the Estate of Elzer Bradley to comply with the demolition and removal of the structure located at 1919 Queens Avenue, and in the event that the structure is not removed within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to set a 90 -day time period for the Estate of Kathleen Erickson to comply with the repairs or demolition and removal of the structure located at 719 — 10th Street, and in the event that the structure is not repaired or demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Nugent to set a 30 -day time period for Prince Texas Group, Inc. to comply with the demolition and removal of the structure located at 2223 Nederland Avenue, and in the event that the structure is not removed within the 30 days the City will proceed with the demolition and cause a lien to be placed on the ' property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to set a 90 -day time period for Mark LeGrande to repair the structure located at 1515 Nederland Avenue to meet minimum standards, and in the event that the structure is not repaired within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to set a 90 -day time period for Mrs. Ruth Taylor to comply with the demolition and removal of the storage building located at 2424 Avenue H, and in the event that the structure is not removed within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to set a 90 -day time period for Mrs. Jimmie Sanderson to comply ' with the demolition and removal of the structure located at 1011 Chicago Avenue, and in the event that the structure is not removed within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 0-53 Minutes continued, March 27, 2006 A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Sheffield to set a 90 -day time period for Darrell McCoy to comply with the demolition and removal of the structures located at 3707 Avenue H, Spaces 19, 31, 32, 36, and 43, and in the event that the structure is not removed within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ORDINANCE A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Ordinance No. 2006 -03, regulating sex offenders. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve an interlocal agreement with Jefferson County Sheriff's Office regarding participation in the Jefferson County Narcotics Task Force. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve a Memorandum of Agreement with the Federal Emergency Management Agency regarding the development of revised flood plain maps for Jefferson County. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. BIDS /PROPOSALS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to authorize advertisement of Request for Proposals for Debris Management Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Mayor Nugent to approve the purchase of a pick -up truck for the Fire Department through HGAC in the amount of $28,963.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ' 10. POLICIES AND PROCEDURES A motion was made by Councilmember Sheffield and seconded by Mayor Pro Terri Neal to approve a revised Essential Services Policy for the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 054 Minutes continued, March 27, 2006 A motion was made by Councilmember Rogers and seconded by Mayor Pro I Tern Neal to approve a Retired Computer Disposal Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. APPOINTMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to appoint Corrie Zepeda as acting City Clerk. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. SURPLUS A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to declare certain City property as surplus and authorize its disposal. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 13. PAYMENTS ' A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve a payment to N & T Construction in the amount of $40,840.97, Hurricane Rita renovations of the Recreation Center and Hughes Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $7,035.06, Hurricane Rita renovations of the Recreation Center, Hughes Library, and Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Sheffield to approve a payment to Neches Engineers in the amount of $1,415.70, Hurricane Rita roof repairs to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 14. EXECUTIVE SESSION The regular meeting was recessed at 8:12 p.m. by Mayor Nugent for the ' purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Minutes continued, March 27, 2006 Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas ' Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. 15. RECONVENE The regular meeting was reconvened at 8:32 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 16. PUBLIC OFFICIALS' COMMENTS None. 17. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 8:33 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. ' Noes: None. R. A. Nugent, M or City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas a �V r 05 J 056 CITY OF NEDERLAND ' COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor +/ Tim Sheffield Council Member— Ward I Billy Neal Council Member— Ward II + �' Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV t/ Andre Wimer City Manager LaDonna Floyd City Clerk Lois Coco Acting City Clerk ✓" Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance / Steve Hamilton Director of Public Works ✓" Rod Hatch Building Official Victoria Klehn Librarian 1/ Kelly Galloway Assistant to the City Manager R. A. Nugent,, 1yor S LaDonna Floyd, City Clerk 194 ME 10 Date 1 1 OJ ! CITY OF NEDERLAND ORDINANCE NO. 2006 -03 AN ORDINANCE AMENDING CHAPTER 74, OF THE CODE OF ORDINANCES, CITY OF NEDERLAND, TEXAS, BY ADDING A NEW ARTICLE IV RELATING TO DEFINITIONS, RESTRICTIONS ON REGISTERED SEX OFFENDERS RESIDENCY, PROHIBITING REGISTERED SEX OFFENDERS FROM RESIDING WITHIN 1,000 FEET OF THE REAL PROPERTY COMPRISING A SCHOOL, DAY -CARE FACILITY, OR PUBLIC PARK WITHIN THE CITY LIMITS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVING AN EFFECTIVE DATE. WHEREAS, the Nederland Police Department currently has 20 registered sex offenders within the city limits; and WHEREAS, a majority of these sex offenders are no longer on probation or parole; OR t WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a 1000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, data exists which indicates that sex offenders re -offend after being released; and WHEREAS, restrictions on the proximity of child sex offenders to schools, day- care facilities and public parks are one way to minimize the risk of re- offending; and WHEREAS, several states and cities have enacted laws and ordinances which restrict where child sex offenders may reside; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; and WHEREAS, it is the intent of this Ordinance to serve the City's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders are prohibited from establishing residencies. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That the Code of Ordinances of the City of Nederland, Chapter 74, ' is hereby amended by adding a new ARTICLE IV, RESIDENCE RESTRICTIONS ON REGISTERED SEX OFFENDERS, which shall read as follows: M ARTICLE IV. RESIDENCE RESTRICTIONS ON REGISTERED SEX OFFENDERS Sec. 74-65. Definitions ' The following words, terms and phrases, when used in this Article, shall have the meaning described to them in this Article, except where the context clearly indicates a different meaning: 1. "Child" means an individual younger than seventeen (17) years of age. 2. "Day -Care Facility" includes a "child -care institution ", a "day -care center" and or a group day -care home ", as those terms are defined by Section 42.002, Human Resources Code. 3. 'Park" means any land, including improvements to the land, that is administered, operated, or managed by the City of Nederland for the use of the general public as a recreational area. 4. 'Residence" means a place where a person abides, lodges, or resides for a period of four (4) or more days in the aggregate, during any calendar year. 5. "Sex Offender" means an individual who has been convicted of or placed on deferred adjudication for a sexual offense involving a child for which the individual is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure. 6. "School' means a private or public elementary or secondary school. Sec. 74 -66. Offenses ' 1. It is an offense for a sex offender to intentionally, knowingly, recklessly, or with criminal negligence, to establish a residence within one thousand (1,000) feet of the real property comprising a school, day -care facility, or park. 2. The distance of one thousand (1,000) feet shall be measured on a straight line from the closest boundary line of the sex offender's residence to the closest boundary line of the school, day -care facility, or park. Sec. 74-67. Exceptions A person does not commit an offense under Section 74 -66 if the person: 1. Is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution located within one thousand (1,000) feet of the real property comprising a school, day -care facility, or park; 2. Has established and continues to maintain the residence prior to the effective date of this Ordinance; 3. Has established and continues to maintain the residence prior to the effective date of this Ordinance and, subsequently, a school, day -care facility, or park, is constructed or located within one thousand (1,000) feet of the sexual offender's residence; 4. Is under eighteen (18) years of age or a ward under a guardianship, who ' resides with a parent or guardian; 5. Has been exempted by a court order from registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or 6. Has had the offense for which the sex offender registration was required, reversed on appeal, or pardoned. 059 ' Sec. 74.68. Penalties Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the provisions of Sec. 1-4, Code of Ordinance, City of Nederland. SECTION II: REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. SECTION III: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. SECTION IV: EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council ' and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Nederland. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 027 day of f C21k , A.D., 2006. &s-- R. A. Nug Mayor City of Nederland, Texas ATTEST: LaDonrha Flv d, C City Clerks City of Nederland, Texas APPROVED AS TO FORM: Richard D. Hughes, City 6ttomey ' City of Nederland, Texas 000 INTERAGENCY AGREEMENT I JEFFERSON COUNTY NARCOTICS TASK FORCE STATE OF TEXAS COUNTY OF JEFFERSON § This Interlocal Contract ( "Contract") is entered into by and between The Jefferson County Sheriff's Office, hereinafter referred to as ("JSCO "), and the Nederland Police Department, a municipal police department situated in Jefferson County, Texas, hereinafter called ( "NPD "), pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. The Contract is being approved by Jefferson County, ( "County"), a political subdivision of the State of Texas, and the City of Nederland ( "City "), a municipal corporation situated in Jefferson County, Texas, in order to establish the responsibility for liability for law enforcement services and to effectuate insurance coverage and offer provisions that normally fall within other authority. WITNESSETH WHEREAS, "JCSO" and "NPD" believe it to be in their best interests to maintain a multi- ' agency, narcotics enforcement unit, hereinafter referred to as the "TASK FORCE ". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I TERM 1.01 The term of this Agreement is to commence on the execution of this Agreement and to end on December 31, 2008. ARTICLE H CONSIDERARTION 2.01 As consideration for this Agreement, "JSCO" will provide office space and related expenses (utilities, phone service, office supplies, etc.) for a narcotics investigator assigned to the task force by the NPD. The investigator shall at all times remain an employee of the CITY and the NPD. Investigators of the JCSO, assigned to the TASK FORCE, shall at all times remain as employees of the COUNTY and the JCSO. 2.02 In return, "NPD" will pay "JCSO" $200.00 (two hundred dollars) per month rent. These rents shall be paid exclusively from funds held by "NPD" as asset forfeitures. The CITY is not responsible for making a rent payment from its current revenues of budgeted , funds. OG1 ' 2.03 All asset forfeitures resulting from the operation of this TASK FORCE will be awarded to the JCSO. On December I of each year, the JCSO will asset share a percentage of all seizures awarded during the previous year to the NPD. This amount will be determined by a percentage of the total number of narcotic investigators (excluding criminal patrol/interdiction). At present, there are 10 investigators including the investigator from the NPD. Based on this calculation, the percentage of forfeitures shared with the NPD will be a minimum of ten (10) percent. Other law enforcement agencies may join the TASK FORCE, which would change the calculations. ARTICLE III LEAD AGENCY 3.01 Sheriff G. Mitch Woods shall designate a staff officer to serve as Commander/Project Coordinator for the TASK FORCE, who shall be authorized to establish rules, regulations, directives, etc. for the effective operation of the TASK FORCE. ARTICLE IV ASSURANCES 4.01 The Parties to this Agreement are governed by the Texas Tort Claims Act, Chapter 101.001 et. seq., Civil Practice and Remedies Code. The Parties warrant and represent ' to each other that they are self- insured or commercially insured for all claims falling within the Texas Tort Claims Act. The Parties do not intend to waive immunity or any protection afforded them, individually or collectively, under the law. 4.02 The COUNTY and JCSO agree that the CITY and/or NPD shall have no liability whatsoever for the acts or omissions of an individual employed by the COUNTY and/or JCSO regardless of where the individuals' actions occurred. The CITY and NPD agree that the COUNTY and/or JCSO shall have no liability for the acts or omissions of an individual employed by the CITY and/or NPD regardless of where the individual's actions occurred. Each party is solely responsible for the action and/or omissions of its employees and officers. 4.03 Each Party will assume all liability arising from the operation of TASK FORCE vehicles by its employees. Each Party assumes no liability for any employees other than its own. 4.04 The forfeited vehicles operated by the TASK FORCE are not commercially insured. Each Party to the Agreement agrees to assume liability for the operation of these vehicles by its officers and employees. ARTICLE V AMENDMENTS ' 5.01 This Agreement may only be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Q6? ARTICLE VI LEGAL CONSTRUCTION 6.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such an invalidity, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VII ENTIRE AGREEMENT 7.01 This Agreement supersedes any and all other agreements, either oral or in writing between the Parties hereto with respect to the subject matter hereof, and no other agreement or statement relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OR AN ORIGINAL, ON THIS THE DAY OF 2006. FOR THE JEFFERSON COUNTY SHERIFF'S OFFICE G. Mitch Woods, Sheriff/Project Director FOR THE NEDERLAND POLICE DEPT. Darrell Bush, Chief of Police FOR JEFFERSON COUNTY 1 1 Carl R. Griffith, County Judge FOR THE CITY OF NEDERLAND ' R. A. Nugent, Vbyor REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING April 10, 2006 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Sheffield to approve the minutes of the March 27, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION ' Cindy Fertitta, Rape and Suicide Crisis of Southeast Texas, was presented a proclamation by Mayor Nugent declaring April 2006 as "Sexual Assault Awareness and Prevention Month" in Nederland. Ms. Fertitta thanked the Mayor and Council for their continued support. A motion was made by Councilmember Sheffield and Mayor Pro Tem Neal to approve a Proclamation declaring April 2006 as "Sexual Assault Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. SUBDIVISIONS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to accept the improvements in Poydras Place subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Griffin to appoint Edgar, Kiker & Cross, PC to perform the FY 2005 -2006 audit ' in the amount of $29,500 if Single Audit Act requirements are not necessary and $34,500 if Single Audit Act requirements are necessary. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 064 Minutes continued, April 10, 2006 A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve a contract with Mike Barnett Construction in the amount of ' $4,698.00 for roof repairs on the Recreation Building. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. STREETS AND SIDEWALKS A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the installation of a street light at 724 — 10`h Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Sheffield to approve payment of the bills for the month of March. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. EXECUTIVE SESSION ' The regular meeting was recessed at 3:20 p.m. by Mayor Nugent for the purpose of conducting an Executive_ Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. RECONVENE The regular meeting was reconvened at 3:30 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 10. OFFICIALS' COMMENTS LaDonna Floyd, City Clerk, on behalf of the City Manager, reported that the estimated costs for the City's portion of the recently awarded Community Development Block Grant increased by $68,224.00. The CDBG project is to , replace water and sewer lines in the Atlanta Avenue /Gage Avenue area. The increase was caused by a rise in construction cost since the application was prepared in late 2004 /early 2005. Mrs. Floyd asked the Council if they would rather decrease the scope of work to remain within the budgeted amount of $215,000, or authorize the increased expenditure in order to complete the project. The Council felt it would be best to complete the project at this time. Minutes continued, April 10, 2006 ' 11. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:33 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, 6 ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 065 Orr CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I Billy Neal Council Member —Ward II Debby Griffin Council Member —Ward III Bert Rogers Council Member— Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works (� Rod Hatch Building Official l� Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager �-, ✓LL R. A. Nugent, yor LaDonna Floyd, City Clerk V. Date 1 1 1 067 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1. MEETING The special meeting was called to order at 5:34 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. PUBLIC HEARING The special meeting was recessed and a Public Hearing was called to order at 5:34 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rate increase application submitted by Texas Gas Service (TGS). Andre' Wimer, City Manager, stated that this is a Joint Public Hearing with the Cities of Nederland, Port Neches, and Groves. Mr. Wimer added that he believes a fair compromise may have been reached between the Cities and TGS. Danny White, Texas Gas Service, stated that they filed the rate increase ' application in the amount of $2.4 million because of the amount of capital placed in the ground to upgrade their system. Mr. White thanked his employees and the three cities for their continued good working relationship. He stated that he would let the rate consultants go into m_ ore detail regarding the rate increase. Dan Lawton, Lawton Law Firm, and Jack Pous, P & L Concepts, Inc., explained that they represent the area cities on the rate request. They briefly reviewed the Texas Gas Service rate increase application. The original rate request would amount to an increase of approximately a $6.00 per customer per month. They added that if the cities and TGS are unable to reach an agreement the case will go before the Texas Railroad Commission. Mr. Lawton added that in going through the application he is of the opinion that the cities and TGS will be able to reach an agreement. Mr. Pous announced that TGS has agreed to reduce their rate increase amount to $1.6 million, which would amount to approximately $4.00 per customer per month. Mr. Lawton and Mr. Pous believe this is an acceptable agreement and will recommend that all three cities approve the revised rate increase at their next regular Council meetings. They stated that since the last rate increase was approved TGS has done a tremendous amount of work on their lines, therefore, their analysis showed that there were some legitimate reasons to approve an increase. The compromise is a reasonable and fair request. TGS has agreed to pay all costs involved in the process, including those of the rate consultants. ' Mr. Wimer stated that the Cities of Nederland, Port Neches, and Groves will place this item on their respective agendas. 068 Minutes continued, April 11, 2006 Mayor Nugent thanked everyone for attending the Public Hearing. There being no further questions and /or comments the Public Hearing was I adjourned at 5:47 p.m. by Mayor Nugent. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to adjourn the meeting at 5:48 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Mayor Pro Tern Neal, and Councilmember Rogers. Noes: None. Absent: Councilmembers Sheffield and Griffin. ATTEST: ( �°- c C-+ �l� in% La Donna Floyd, City City of Nederland, Texas „h �� ��I����� R. A. N gen,, ayor City of Nede and, Texas 1 1 F1 1 0�9 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member— Ward I Billy Neal Council Member — Ward II t✓ Debby Griffin Council Member — Ward III ✓ Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk V Richard Hughes City Attorne ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance +✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager i✓ R. A. Nugent, Ma ' LaDonna Floyd, City Clerk Date 070 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 6:00 p.m. April 24, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Neal and seconded by Councilmember Rogers to approve the minutes of the regular meeting of April 10, 2006, and the special meeting of April 11, 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a proclamation declaring May 2006 as "Motorcycle Safety and Awareness Month ". Those present to accept the proclamation I thanked the City for their continued support and stressed the importance of motorcycle awareness. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to approve a Proclamation declaring May 2006 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. UTILITY RATE CASES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve Ordinance No. 2006 -04, regarding TGS rate increase settlement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to approve Ordinance No. 2006 -05, regarding CenterPoint rate increase settlement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Griffin. Noes: Councilmember Rogers. Minutes continued, April 24, 2006 071 5, CONTRACTS /AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve a contract with Brystar Contracting, Inc. for sewer line replacement in the area bounded by Avenue A, Avenue B, South 32nd Street, and Hardy Avenue in the amount of $43,500.00; and declaring an emergency. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to approve renewal of a contract with Blue Cross and Blue Shield of Texas for employee health insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. ORDINANCES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve an Amendment to Ordinance No. 164, setting regular dates for Council meetings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ' A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve Ordinance No. 2006 -06, regarding abandonment of a utility easement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. BIDS /PURCHASES A motion was made by Councilmember Griffin and seconded by Mayor Nugent to approve an agreement to mutually terminate the contract between the City and Daniels Building & Construction, Inc. for repairs to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to award bid for repairs to the Fire Station to N & T Construction in the amount of $162,000. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ' 8. PAYMENTS A motion was made by Mayor Nugent and seconded by Councilmember Griffin to approve a payment to N & T Construction in the amount of $91,415.15, Hurricane Rita renovations of the Recreation Center and Hughes Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. - _ Ar — 472 Minutes continued, April 24, 2006 A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a payment to Neches Engineers in the I amount of $2,376.98, Hurricane Rita roof repairs to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION The regular meeting was recessed at 6:30 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, grievance of Sgt. Bill Bridges, and annual evaluation of City Manager Andre' Wimer; 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; appeal of CenterPoint Energy Entex from ratesetting actions of the City of Nederland; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. 10. RECONVENE The regular meeting was reconvened. at 8:25 p.m. by Mayor Nugent. ' A motion was made by Councilmember Rogers and seconded by Mayor Nugent to deny the grievance of Sgt. Bill Bridges. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to authorize the City Attorney to proceed with filing a suit against Galveston Wireless, L.L.C. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the library should re -open later this week. He added that work is continuing at the swimming pool and has been tentatively scheduled to open June 2 "d. The Cities of Nederland, Groves, and Port Neches will have a joint auction Saturday, April 29`h, at 10:00 a.m. at the Nederland Service Center. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and , seconded by Councilmember Griffin to adjourn the meeting at 8:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, April 24, 2006 J ATTEST: `UO QLI L` `�? 4Q/ LaDonna Floyd, City Clerk City of Nederland, Texas . o" lo. 1 1 /' �' __ w - am__," �'Nugentj ayor City of Ned - d, Texas 073 074 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R, A. Nugent Mayor t/ Tim Sheffield Council Member —Ward I Billy Neal Council Member— Ward II ✓ Debby Griffin Council Member —Ward III ,/ Bert Rogers Council Member — Ward IV f/ Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk Richard Hughes City Attorney!/ Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance tZ Steve Hamilton Director of Public Works Ll Rod Hatch Building Official r/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent, ayor (ZC_11::�--�- 11� LaDonna Floyd, City Clerk Y- a Date 1 1 1 CITY OF NEDERLAND ' ORDINANCE NO. 2006-06 AN ORDINANCE ABANDONING, RELEASING, AND DISCHARGING A 20' WIDE UTILITY EASEMENT CONTAINING 0.0407 OF AN ACRE OF LAND ON, OVER, AND ACROSS A PORTION OF TRACT 9 -A, REPLAT OF LOTS 9 AND 10, BLOCK 1, J.D. FORD SUBDIVISION, NEDERLAND, JEFFERSON COUNTY, TEXAS, RECORDED IN FILE NO. 2006002695, OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY, TEXAS, AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, under Vernon's Annotated Civil Statutes, Article 1175, Section 18 and Article XIV, Section 14.01 of the Charter of the City of Nederland, the City has the power to abandon, release, and discharge streets, public road right-of ways, alleys, and easements; and, WHEREAS, the public utility and drainage easement described in Exhibit "A ", hereof, lies wholly within the City limits of the City of Nederland, a home rule city in Jefferson County, Texas, and that portion of said public utility easement is situated in Tract 9 -A, of the Replat of Lots 9 and 10, Block 1, J.D. Ford Subdivision, Nederland, Jefferson County, Texas. WHEREAS, there are no utilities located in the 0.0407 acre tract hereinafter described in said easement and it appears that Entergy, SBC Southwest, Texas Gas Service, Time Warner Cable, and the City of Nederland have no present or planned use of the 0.0407 acre tract of said easement, and it is considered that it would be to the best interest of the public and the public welfare to abandon, release, and discharge said easement as to all rights and interest of the City of Nederland therein; and, WHEREAS, the 0.0407 acre tract situated in Tract 9 -A, of the Replat of Lots 9 and 10, Block 1, J.D. Ford Subdivision, Nederland, Jefferson County, Texas, shall be abandoned, released, and discharged; ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF NEDERLAND, TEXAS THAT: Section 1. That the following described portion of a public utility easement in the City of Nederland and described in Exhibit "A" be, and the same is hereby abandoned, released, and discharged as to all rights and interest of the City of Nederland, therein; Section 2. This being an ordinance not requiring publication it shall become effective from and after its passage. READ, ADOPTED, AND APPROVED this the c? V day of -d.Q a r j 2006, at a regular meeting of the City Council of the City of Nederland, Texas, by the following vote: AYES: Mayor _ Councilmen .L NOES: �rr2a ATTEST: _ - �w&tjj LaDonna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALJ T Y: Richard Hughes, Cit Attorney City of Nederland, Texas R.A. Nugent, D yor City of Nederl nd, Texas 07 oEF, CITY OF NEDERLAND ' ORDINANCE NO. 2006-05 AN ORDINANCE BY THE CITY OF NEDERLAND, TEXAS ( "CITY ") TO ADOPT A SETTLEMENT BETWEEN THE CITY AND CENTERPOINT ENERGY ENTEX ( "CENTERPOINT ") WITH REGARD TO CENTERPOINT'S STATEMENT OF INTENT TO INCREASE RATES WHICH WAS FILED ON JANE 30, 2005 AND UPDATED ON SEPTEMBER 21, 2005; AUTHORIZING THE REPEAL OF ORDINANCES AND RESOLUTIONS TO THE EXTENT THEY ARE INCONSISTENT WITH THE SETTLEMENT; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on June 30, 2005, CenterPoint filed a Statement of Intent to Increase Rates with the City which was later updated with a four volume filing; and WHEREAS, CenterPoint implemented its Statement of Intent to increase rates on November 3, 2005; and WHEREAS, the City contested the legality of CenterPoint's implementation of its Statement of Intent to Increase Rates; and WHEREAS, the City ordered CenterPoint to cease and desist the charging of the higher rates; and ' WHEREAS, CenterPoint appealed the City's order to cease and desist charging the higher rates to the Railroad Commission of Texas; and WHEREAS, CenterPoint appealed to the Railroad Commission similar orders by 20 cities that comprise, along with the City, the Alliance of CenterPoint Municipalities ( "ACM "); and WHEREAS, the litigation involving the ACM Cities and CenterPoint over the legality of CenterPoint's rate increase could continue at the Railroad Commission and through the Texas district and appellate courts for up to four years; and WHEREAS, the outcome of the litigation between CenterPoint and the ACM cities over the legality of CenterPoint's rate increase could not be predicted with complete accuracy; and WHEREAS, the Settlement requires that CenterPoint provide detailed and complete notice in a local newspaper of any proposed increase in base rates; and WHEREAS, the Settlement prohibits any possibility of an increase in gas rates for the next three years due to changes in costs for non -fuel related expenditures, including any expenditures for additional pipelines or the relocation or replacement of pipeline facilities; and WHEREAS, the Settlement provides for a nine dollar a year reduction in the customer charge for residential customers; and WHEREAS, the Settlement provides that CenterPoint will not file, after the three year rate freeze expires, at the Railroad Commission for an increase in base rates in the ' unincorporated areas at the Railroad Commission before it files with the City for an increase in such rates; and 1 WHEREAS, the Settlement provides that legal or consultant expenses of the ACM Cities, up to $230,000, will be home by CenterPoint's shareholders, not its ratepayers; and WHEREAS, the Settlement provides that CenterPoint's rate case expenses before the ACM Cities or at the Railroad Commission related to its efforts to implement its Statement of Intent to increase rates will be borne by CenterPoint's shareholders, not its ratepayers; and WHEREAS, the Settlement provides that the ACM Cities will be paid the total of $414,000 to settle all other outstanding claims against CenterPoint, which money will be distributed to the ACM Cities to benefit the public as determined by the respective ACM City Councils; and WHEREAS, the Settlement as a whole is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: SECTION 1. The statements set forth in the preamble are adopted as statements of fact. SECTION 2. The City Council finds that the Settlement Agreement, which is attached hereto is in the public interest and is hereby adopted in all respects. SECTION 3. To the extent that any resolution or ordinance, including any hearings currently in progress, previously adopted by the Council is inconsistent with the Settlement Agreement, it is ' hereby repeated. SECTION 4. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this the ;2_y_ day of April, 2006. G R. A. NugenV94ayor City of Nederland ATTEST: a LaDonna Floyd, City Clerk City of Nederland APPROVED AS TO FORM d Richard D. Hughes, City Attorney City of Nederland -Ii 078 AN AMENDMENT TO ORDINANCE NO. 164 , AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 8, 2006 THROUGH APRIL 23, 2007. 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 meeting shall begin at 3:00 p.m. on each of the following dates: May 8, 2006 June 12, 2006 July 10, 2006 August 14, 2006 September 7, 2006 (Thursday) October 9, 2006 November 13, 2006 December 11, 2006 January 8, 2007 February 12, 2007 March 12, 2007 April 9, 2007 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: , May 22, 2006 June 26, 2006 July 24, 2006 August 28, 2006 September 25, 2006 October 23, 2006 November 27, 2006 December 18, 2006 January 22, 2007 February 26, 2007 March 26, 2007 April 23, 2007 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 24th day of April, 2006. R. A. N6genffMayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �� Richard D. Hughes, C# Attorney City of Nederland, Texas 079 ' CITY OF NEDERLAND ORDINANCE NO. 2006-04 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS SETTING THE JUST AND REASONABLE RATES TO BE CHARGED BY TEXAS GAS SERVICE ( "TGS ") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF NEDERLAND, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about November 23, 2005, TGS filed a Statement of Intent with the City Clerk in Nederland, Texas requesting an annual rate increase of $2,444,462 for the South Jefferson County Service Area; WHEREAS, TGS requested an effective date for the new rate schedule to go into effect on December 28, 2005; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend TGS' proposed effective date for 90 days until March 28, 2006; ' WHEREAS, the City retained the Lawton Law Firm and rate consultant P&L Concepts, Inc. to review TGS' rate request and make necessary rate recommendations to the City; WHEREAS, TGS agreed to further extend the proposed effective date an additional 30 days from March 28, 2006 to April 27, 2006; WHEREAS, on April 11, 2006, a Public Hearing on this matter was held; WHEREAS, TGS agreed to reduce the requested rate increase by $844,462 to a level of $1,600,000 for the South Jefferson County Service Area; and WHEREAS, the rate consultant P &L Concepts, Inc. has recommended that the City approve a $1,600,000 annual rate increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF NEDERLAND, TEXAS THAT: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. TGS' proposed $2,444,462 requested annual rate increase is denied and the P &L Concepts, Inc.'s recommendation for a $1,600,000 rate increase is adopted and the Company shall file tariffs with the City Clerk reflecting the South Jefferson County $1,600,000 annual rate increase. SECTION 3. The Company shall design its rate such that the residential customer charge is no more than $11.50 per month. ' SECTION 4. As recommended by P &L Concepts, Inc. and stipulated by TGS, the return on equity is set at 11.0% with an overall cost of capital of 8.408% and the depreciation rates to be applied to plant are those included in the Company's original filing, the ad valorem tax rate is 2.2476% and federal income tax rate is 35 %. 030 SECTION 5. The Company has agreed that customers in the City will receive a most favored nations clause and that the City and the Company's customers located in the City will receive the benefits of any lower rate resulting from this case that is charged in any other city or . any rate class in the South Jefferson County Service Area. SECTION 6. The Company shall promptly reimburse the City's rate case expenses which amounts shall not be passed on to customers. SECTION 7. The Company has agreed to terms of this Ordinance as evidenced by the attached settlement agreement. SECTION 8. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. SECTION 9. This ordinance shall be effective immediately on passage. PASSED AND APPROVED 4Y day of QUA�(7 2006. R.A. Nugen ayor City of Nederland ATTEST: 1Z;"111 LaDonna Floyd, City Clerk City of Nederland APPROVED AS TO FORM AND LEGALITY: /n.`35 r- Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 li I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. May 8, 2006 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Councilmember Rogers to approve the minutes of the April 24, 2006 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION ' Mayor Nugent presented a Proclamation to Roy Martinez, owner of LaSuprema Restaurant, Small Business Person of the Year in Nederland. Mr. and Mrs. Martinez both thanked the Mayor and Council for this honor and added that they enjoy doing business in Nederland. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to approve a Proclamation declaring Roy Martinez, LaSuprema Restaurant, as the Small Business Person of the Year in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. PRESENTATION Carolyn Motl, Entergy, Inc., introduced members of the Teen Team City from Nederland High School. She added that these are the future leaders of the community and the purpose of the group is designed to teach skills that lead to successful projects. Each year the Teen Team City members select a community project to be completed during the school year, however, this year the students chose nine different projects. The President and Vice - President reviewed the projects that they were involved in during this academic year. They added that they would be donating some of the funds raised for the Windmill Museum. Ms. Mot] praised the efforts of their teacher sponsor, April Petersburger, for her dedication to the group. She also thanked the Mayor and Council for their continued support of Teen Team City. On behalf of the Council, Mayor Nugent thanked the students for their involvement in the community. 082 Minutes continued, May 8, 2006 5. REQUEST Carl Hicks, 1315 Navasota, is requesting to have the $75.00 fee associated ' with a License to Encroach waived due to Hurricane Rita. He added that the City has already waived permit fees, therefore, he would like to see these fees waived also. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Griffin to deny the request from Carl Hicks, 1315 Navasota, to waive the fees associated with a License to Encroach. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending March 31, 2006. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Neal to accept the Quarterly Investment Report as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. CONTRACTS /AGREEMENTS I A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve a contract with Garner Environmental Services, Inc. for emergency and disaster response services contingent upon approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve an Interlocal Agreement with Jefferson County for electronic voting equipment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. CHANGE ORDER A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve Change Order No. 2 in the amount of +$597.00 with N & T Construction Co., Inc., renovations to the Nederland Recreation Center and Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. I 083 Minutes continued, May 8, 2006 ' 9. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Griffin to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $249.17, Hurricane Rita renovations of the Recreation Center, Hughes Library, and Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve a payment to Don S. Reichle & Associates in the amount of $1,950.00, Hurricane Rita repairs to the Hardy Avenue water tower. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Griffin to approve payment of the bills for the month of April. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 3 :34 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. 11. RECONVENE The regular meeting was reconvened at 3:48 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that five bids were received for the debris removal during emergencies and Staff from the Cities of Nederland, Port Neches, and Groves are currently reviewing the documents. A supplemental questionnaire was mailed to all bidders in order to get a better understanding of the bid amounts. The Fire Station repairs contract has been ' signed and work should begin soon. Mr. Wimer added that the Street Program is approximately one -third complete and progressing. Finally, he reported that the pool should open June 2 or 3. ME Minutes continued, May 8, 2006 13. ADJOURN , There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. . Nugen Mayor City of Nede land, Texas 1 1 1 1 035 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor t/ Tim Sheffield Council Member— Ward I Billy Neal Council Member —Ward II t Debby Griffin Council Member— Ward III ✓ Bert Rogers Council Member —Ward IV r/ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk Richard Hughes City Attorney f Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance I/ Steve Hamilton Director of Public Works Rod Hatch Building Official V Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager K.-A. Nu- nt, M 9r ' LaDonna Floyd, City Clerk Date 0 S G INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND CITY OF NEDERLAND ' This agreement, made and entered into, by and between, Jefferson County, hereinafter referred to as "County", acting herein by and through its County Judge and County Commissioners Court, and the City of Nederland hereinafter referred to as "Entity", acting herein by and through its Board. WITNESSETH: WHEREAS, Entity is required to conduct an election on May 13, 2006; and WHEREAS, Section 61.012 of the Texas Election Code requires that at least one accessible voting system be provided in each polling place used in a Texas Election on or after January 1, 2006; and WHEREAS, Sections 123.032 and 123.035 of the Texas Election Code authorize the acquisition of voting systems by local political subdivisions and further mandate certain minimum requirements for contracts relating to the acquisition of such voting systems; and WHEREAS, Entity located in Jefferson County, Texas, desires to enter into an Interlocal Agreement for the use of the County's electronic voting equipment, printer packs and PEBs (Personal Electronic Ballots) for the early voting period and for the May 13, 2006, Election Day; AND WHEREAS, the Commissioners Court of Jefferson County, Texas desires to give authorization for said usage. NOW THEREFORE BE IT RESOLVED BY THE COMMISSIONERS COURT OF ' JEFFERSON COUNTY, TEXAS, THAT: Said Commissioners Court authorizes the usage of said equipment by Entity under the conduct and supervision of Carolyn L. Guidry, County Election Official of Jefferson County, Texas; and BE IT FURTHER RESOLVED, that the Entity will be responsible for election costs incurred in the programming of said equipment for the purpose by the County's vendor, Election Systems and Software, Inc.; and BE IT FURTHER RESOLVED, that each piece of electronic equipment needed shall lease for $50 per unit as set by the County Clerk for this election only; any equipment returned damaged or in a lesser state than received, full value of equipment to be repaired or replaced will be the responsibility of the Entity; and BE IT FURTHER RESOLVED, that the Entity shall be responsible for insurance coverage for all County's electronic voting equipment while in the Entity's possession in a manner in which the Entity would provide coverage if owned by them; and BE IT FURTHER RESOLVED, that the preparation of the equipment, Logic and Accuracy testing, clearing, loading ballot and audit will be performed by the County Clerk's personnel a flat administration fee of $250; the Entity will be responsible for the verification and accuracy of ballot I information and shall solely sign off on any and all proofing of said ballot from vendor; and 1 L 1 03 BE IT FURTHER RESOLVED, that mandatory training by the County Clerk's office of the electronic (DRE) voting system's functions and operation of the equipment will be provided to the entity as a Train the Trainer session to arm the Entity of the necessary training to teach their designated poll workers; and BE IT FURTHER RESOLVED, that the Entity and County agree that the estimate sheet is a good faith estimate only and that the Entity's obligation is the actual cost even in the event the actual cost exceeds the estimated cost; and BE IT FURTHER RESOLVED, that the Entity shall pay upon receipt of billing the total invoice of cost occurred for the election; and BE IT FURTHER RESOLVED, that the Entity retains ultimate responsibility for the election and all County's electronic voting equipment while in the Entities possession; neither the County nor any personnel of the County will be held responsible for any outcome of the election, any malfunction of the electronic voting equipment for the election or any damage caused by the electronic voting equipment; and BE IT FURTHER RESOLVED, AND AGREED upon this 1st day of May , 2006. Carl R. Griffith, County Judge ATTEST: Carolyn uidry Jefferson County Clerk Entity : Title: May 1. 2006 Date Page 2 of 2 s� /r)z Date ME: R.A. 'DicK' Nugent, Mayor Billy Neal, Mayor Pro Tem Tim Sheffield, Councilmamber City o, f .Nederland Debby Rogers. Counci!member Bert Rogers. Cowrilmernher Andre Winlar, City Marager F.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550 Investment Report For the Quarter Ending March 31, 2006 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 'Prograintned for Progress„ 1 1 1 1 n 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2006 Investments at Beginning of Period (1 -1 -06) Purchases Maturities Investments at End of Period (3- 31 -06) Maturity Summary at March 31, 2006 $5,079,017.68 55,698.95 0.00 $5,134,716.63 [l Less than 3 months El 3 to 6 months ® 7 to 9 months j ■ 9 to 12 months 080 000 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2006 Fund Allocation at March 31, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22 General Fund 72 u 1 1 Balance Balance 01/01/2006 Purchases Maturities 03/31/2006 General Fund $3,655,061.25 $40,162.13 $3,695,223.38 Library Fund 29,508.95 214.38 29,723.33 Water & Sewer Fund 1,108,364.74 12,178.81 1,120,543.55 Motel Occupancy Tax Fund 10,692.29 117.52 10,809.81 Solid Waste Fund 718.51 7.89 726.40 Capital Outlay Fund 388.37 4.34 392.71 Police Narcotics Fund 41,342.12 454.25 41,796.37 SRF Construction Funds 163,008.56 1,791.14 164,799.70 MCML Dispatch 655.21 7.20 662.41 Parks & Recreation Fund 21.49 0.12 21.61 Equipment Replacement Fund 50.28 0.75 51.03 Bond Redemption Fund 69,205.91 760.42 69,966.33 $5,079,017.68 $55,698.95 $0.00 $5,134,716.63 Fund Allocation at March 31, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22 General Fund 72 u 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2006 CERTIFICATES OF DEPOSIT Total Interest Earned on CDs for the quarter ended March 31, 2006 Total Certificates of Deposit held at March 31, 2006 $ 10,000.00 $ 84.12 091 Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest March 31, Number Date Date be held Rate Face Amount 2006 Matured at March 31, 2006 Library Special Fund 2307637 01105105 01/04/06 365 1.88% 10,000.00 $ - Held at March 31, 2006 Library Special Fund 1863574537 01/12/06 11/12/06 300 3.92% 10,000.00 84.12 Total Interest Earned on CDs for the quarter ended March 31, 2006 Total Certificates of Deposit held at March 31, 2006 $ 10,000.00 $ 84.12 091 099 Investment Report Schedule Investments for the Quarter ended March 31, 2006 ' INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 01/01/06 03/31/06 1 4.44% $3,655,061.25 $40,162.13 $3,695,223.38 Water &Sewer 01/01/06 03/31/06 1 4.44% 1,108,364.74 12,178.81 1,120,543.55 Bond Redemp. 01/01/06 03/31/06 1 4.44% 69,205.91 760.42 69,966.33 Capital Outlay Fund 01/01/06 03/31/06 1 4.44% 388.37 4.34 392.71 Motel Occupancy 01/01/06 03/31/06 1 4.44% 10,692.29 117.52 10,809.81 Library Special 01/01/06 03/31/06 1 4.44% 19,508.95 214.38 19,723.33 Solid Waste Fund 01/01/06 03/31/06 1 4.44% 718.51 7.89 726.40 SRF Construction Fund 01/01/06 03/31/06 1 4.44% 163,008.56 1,791.14 164,799.70 MCML Dispatch 01/01/06 03/31/06 1 4.44% 655.21 7.20 662.41 Police Narcotic Fund 01/01/06 03/31/06 1 4.44% 41,342.12 454.25 41,796.37 Parks & Recreation Fund 01/01/06 03/31/06 1 4.44% 21.49 0.12 21.61 Equipment Replacement Funds 01/01/06 03/31/06 1 4.44% 50.28 0.75 51.03 Totals for TEXPOOL Investments $5,069,017.68 $55,698.95 $5,124,716.63 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2006 INTEREST EARNED ON DEMAND DEPOSITS Period Held Bond Redemp.Fund 01/01/06 Court Technology Fund 01/01/06 Equipment Replacement Funds 01 /01 /06 General Fund 01/01/06 Library Special Fund 01/01/06 Motel Occupancy Fund 01 101106 Parks & Rec. Fund 01/01/06 Police Narcotic Fund 01/01/06 Solid Waste Fund 01/01/06 SRF Construction & Escrow FundE 01/01/06 SSES Fund 01/01/06 W & S Certificate Fund 01/01/06 Water & Sewer Fund 01 /01 /06 Wastewater Construction Fund 01/01/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 03/31/06 Days to Maturity 1 1 1 1 I 1 1 1 1 1 1 1 1 1 Average Interest Rate 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% 3.44% Interest Earned Quarter ended March 31, 2006 372.02 23.76 1,347.80 29,741.77 376.28 32.97 54.57 1,343.66 5,673.04 718.85 2,605.10 491.79 3,604.18 2,875.64 $49,261.43 0 9 3 094 Investment Report Schedule March 31, 2006 ' Interest Earnings for Quarter Ended March 31, 2006 Bond Redemption Fund $1,132.44 Capital Outlay Fund 4.34 Court Technology Fund 23.76 Equipment Replacement Funds 1,348.55 General Fund 69,903.90 Library Special Fund 674.78 MCML Dispatch 7.20 Motel Occupancy Tax Fund 150.49 Parks & Recreation Special Fund 54.69 Police Narcotic Account 1,797.91 Solid Waste Fund 5,680.93 SRF Escrow & Construction Funds 2,509.99 SSES Fund 2,605.10 W & S Certificate Fund 491.79 Wastewater Construction Fund 2,875.64 Water & Sewer Fund 15,782.99 $105,044.50 ' 1 REGULAR MEETING OF THE CITY COUNCIL OF THE a �9.> CITY OF NEDERLAND ' 6:00 p.m. May 22, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Griffin and seconded by Councilmember Rogers to approve the minutes of the May 8, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. ELECTION Jeff Ortiz, Presiding Judge, read the results of the May 13, 2006 General Election. There were a total of 1,108 ballots cast. Each candidate received the following number of votes: ' Mayor Early Voting Election Day Total R. A. Nugent 478 253 731 Mike Lovelady 161 188 349 Michael Bordelon 11 12 23 Council, Ward II Billy Neal 484 302 786 Council, Ward IV Bert Rogers 430 281 711 A motion was made by Councilmember Griffin and seconded by Councilmember Sheffield to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. LaDonna Floyd, City Clerk, administered the Oath of Office to R. A. Nugent, Mayor; Billy Neal, Councilmember Ward 1I; and, Bert Rogers, Councilmember Ward IV. Cheryl Dowden, Director of Finance, presented the Mayor and ' Councilmembers with their $1.00 annual salary. 096 Minutes continued, May 22, 2006 A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to authorize the payment of the election officials in accordance with ' the Texas Election Code in the total amount of $928.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to elect Councilmember Debby Griffin as the Mayor pro tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. REQUEST Bucky Crisp, Sunoco, Inc., addressed the Council relative to requesting an ad valorem tax abatement. He stated that Sunoco intends to construct four new tanks that will be capable of storing crude oil and natural gas condensate. There will be three (3) 660,000 barrel tanks and one (1) 475,000 barrel tank. In addition, one (1) pump station will also be constructed. Mr. Crisp added that the additional facilities would facilitate their growing customer base as well as new customers. Construction is expected to begin in mid -2006, with completion and placement into service in mid to late 2007. Sunoco's contract specifications with the primary contractors will encourage use of local subcontractors and materials suppliers to the greatest extent possible. The estimated cost of the project is $26,700,000. ' Andre' Wimer, City Manager, explained that, based upon the estimated value of $26,700,000, Sunoco would recognize the following savings in accordance with the terms of the agreement between the City and Sunoco: 2008 estimated tax savings of $130,663; 2009 savings of $81,664; and, 2010 savings of $57,165 for a total of $269,492. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve the request from Sunoco Partners Marketing & Terminals L.P. for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve a contract with d.p. Consulting Engineers, Inc. for engineering services related to the FY 2006 Water and Sewer Improvements Project, Texas Community Development Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by I Councilmember Rogers to approve an agreement with Interface EAP for the Employee Assistance Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 097 Minutes continued, May 22, 2006 6. ORDINANCE ' A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Ordinance No. 2006 -07, Recreation Center and swimming pool hours of operation, fees, and policies. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. WATER AND WASTEWATER A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve Change Order No. 2 with Brystar Contracting, 2004 Smoke Test - Year 1 Project in the amount of +$16,551.03. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone accepting improvements regarding the 2004 Smoke Test - Year 1 Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ' S. STREET LIGHT REQUEST A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Neal to authorize the installation of a street light at 3215 Seattle Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a payment to N &T Construction in the amount of $131,784.49, Hurricane Rita renovations of the Recreation Center and Hughes Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to Neches Engineers in the amount of $2,229.15, Hurricane Rita roof repairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by ' Councilmember Rogers to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $6,196.60, Hurricane Rita renovations of the Recreation Center, Hughes Library, and Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 008 Minutes continued, May 22, 2006 A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to Brystar Contracting, Inc. in the ' amount of $45,575.00, emergency sewer line repair. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, announced that the State Hurricane Conference begins tomorrow in Beaumont. He also reported that work began on the Fire Station today. Councilmember Neal asked about the City's policy regarding charging a fee for fire truck standby. After a brief discussion Mr. Wimer stated that staff will talk to other cities regarding their practice. 12. ADJOURN I There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:49 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: Labonna Floyd, City Clerk City of Nederland, Texas I Lr,'� 'J'111110 . R. A. Nugent, ayor City of Nederl nd, Texas 1 09 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member— Ward II ✓ Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member —Ward IV +� Andre Wimer City Manager L/" LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk c✓ Richard Hughes City Attorney Darrell Bush Police Chief I/ Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official V Victoria Klehn Librarian ( ✓ Kelly Galloway Assistant to the City Manager a R. A. Nugent, f yor ' LaDonna Floyd, City Clark Date CITY OF NEDERLAND ORDINANCE NO. 2006 -07 AN ORDINANCE OF THE CITY OF NEDERLAND, ' TEXAS, ESTABLISHING HOURS OF OPERAION, PROCEDURES, FACILITY RENTAL FEES, POOL RENTAL /PASSES AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN IN EXHIBIT "A" ATTACHED; REPEALING ORDINANCE NO. 2001 -06; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland has been presented with hours of operation, procedures, and a schedule of fees for the Nederland Recreation Center and the swimming pool for its acceptance and adoption; and WHEREAS, the City Council of the City of Nederland deems it advisable and to be in the best interest of the citizens of Nederland to adopt the hours of operation, procedures, and fee schedule for the Nederland Recreation Center and the swimming pool as shown in Exhibit "A" attached; and WHEREAS, the City Council of the City of Nederland shall repeal Ordinance No. 2001 -06 by the passage of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the hours of operation, procedures, and fee schedules for the Nederland , Recreation Center and the swimming pool as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted; and THAT Ordinance No. 2001 -06 shall be repealed when this Ordinance becomes effective; and THAT this ordinance shall take effect and be in force from and after its passage. 9 PAS ED AND APPROVED by the City Council of the City of Nederland this the �c day of 2006. R. A. Nu,ge , Mayor City of Ned rland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, CiN Attorney City of Nederland, Texas 1 1 1 Exhibit A RECREATION BUILDING FACILITY USE HOURS OF OPERATION 101 Open for Public Use Business hours Private use /After hours Monday - Thursday 8 a.m. - 9 p.m. N/A Friday 8 a.m. - 5 p.m. 5:30 p.m. -10:30 p.m. Saturday 11 a.m. - 5 p.m. 5:30 p.m. -10:30 p.m. Sunday Closed 11:30 a.m. -10:30 p.m. RECREATIONAL FACITILTY USE FEES Any and all fees may be waived at any time by City Council action. I.D. Cards are issued to all registeredpatrons. Replacement cards u dd be issued for a x'10.00 charge per card RECREATION BUILDING NON - RESIDENT FEES NISD Students (under 19 with valid School ID) No charge Dai�_ Month carter! Annual Other Non - residents (full building use) $5.00 $30.00 $80.00 $200.00 Monthly carter! Annua! Hoop -N -Spike Club (Gym & Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club (racquetball court only) $20.00 $50.00 $120.00 All patrons, resident and non - resident, must register at front desk to be granted use of facility I.D. Required for entry - recurring non - resident visitors must register at front counter RECREATION BUILDING RENTAL FEES All activities and applications must be approved by Recreation /Aquatics Supervisor before transaction is finalized. All after -hour functions must be reserved five business days before desired date. RESIDENT Hourly rates Business hours After hours Deposit Racquetball (per player, max two hours) $2.00 N/A N/A Gymnasium (2 -hour minimum) -After hours ony N/A $25.00 $100.00 Game room - After -hours only N/A $25.00 $40.00 Van Gogh (Rooms 111/122) $15.00 $25.00 $20.00 Rembrandt (Room 129) $15.00 $25.00 $20.00 Kitchen $2.00 $2.00 N/A Three rooms N/A $75.00 $160.00 Vermeer (Room 124) N/A N/A N/A Outdoor facilities (permit issued) N/A N/A $50.00 * *Functions exceeding 75 up to 100 persons will be charged $1.00 per person over 75 over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. NON - RESIDENT Hourly rates Business hours After hours Deposit Racquetball (per player, max. two hours, must be with resident) $4.00 N/A N/A Gymnasium (2 -hour minimum) -After hours ony N/A $35.00 $100.00 Game room -After hours only N/A $35.00 $40.00 Van Gogh (Rooms 111/122) $25.00 $35.00 $20.00 Rembrandt (Room 129) $25.00 $35.00 $20.00 Kitchen (in conjunction with any room) $2.00 $2.00 N/A Three rooms N/A $105.00 $160.00 Vermeer (Room 124) N/A N/A N/A Outdoor facilities (permit issued) N/A N/A $50.00 * *Functions exceeding 75 up to 100 persons will be charged $2.50 per person over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. 10? LEAGUE FEES Softball $325.00 /team Includes Affiliation dues & official's fees Basketball $ 100.00 /team Teams pay officials (referees, scorekeeper) Volleyball $ 50.00 /team Teams pay officials (referees, scorekeeper) Random Draw volleyball tournaments $5.00 /participant 1 1 Code of Conduct 103 • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. ' • Active members of the United States Armed Forces, with valid military I.D., will be given resident status for facility use and rental fees. • Neither alcoholic nor tobacco products of any kind are allowed in building, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Only residents are allowed reserve racquetball courts. Non - resident must be with resident to play racquetball, unless a non - resident membership is purchased. Minimum age for racquetball participants without adult supervision is 16- years -old. Rental Stipulations • Applications — Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full (including the deposit) in order for a date to be reserved. • Deposits — A clean -up /damage deposit is requited on any room rented for private use. The deposit amount will be combined when renting more than one room. Applicants are required to clean up after use of the facility. • Chaperones — For every seven (7) children under the age of 18 in attendance at any private function, one (1) adult must be designated by the applicant to monitor facility use. Applicants are responsible for the behavior of all guests use the facility. Failure to meet this stipulation will result in forfeiture of deposit. • Appror ed activities — Only approved activities will be allowed in the facility. The Recreation /Aquatics Supervisor reserves the right to define what is or is not acceptable. The attendant on duty will provide answers to questions about clean -up, outline building usage, screen other patrons entering building during private functions and grant access to a telephone for emergencies only. The gym is available for athletic /recreational use only. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment — For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s) 15 minutes before scheduled time of function. Any extra preparation time ' must be included in rental application and reservation. All clean -up and restoration must be included in allotted time of reservation. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations — No glitter or confetti are allowed as decoration. No thumbtacks or hot -glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit • Security — Security shall be defined as an off -duty law- enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police, to be on the Recreation Building premises for duration of scheduled function. • All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. • Any function that includes the use of a disc jockey or dance - club -type music is subject to security arrangements. • All functions exceeding 75 people are subject to security arrangements. • Applicants are responsible for s c ri arrangements when relevant, and must be confirmed within 24 hours of application otherwise the function will be cancelled. • Merchant Fee — Anytime the facility is used for an event that is staged for profit or fund raising, a $200 merchant fee will be charged. This fee is in addition to all regular fees and deposits. • The Recreaton /Aquatics Supervisor reserves the right to deny use of the facility; such action may be appealed to the City Council. • Food vendors are required to secure permits needed for sale of food items. • City sponsored or co- sponsored events shall not be subject to Merchant Fee. • Non profit Organizations All Nederland -based non -profit organizations (youth league board, Chamber of Commerce committees, Scout organizations, etc.) may apply for and use the Vermeer meeting room at no ' charge, but are subject to Recreation Building schedules. 104 NEDERLAND SWIMMING POOL HOURS OF OPERATION Monday (except holidays) CLOSED Maintenance Tuesday Noon — 5 p.m. Public Swim Wednesday 5:15 p.m. — 9:30 .m. Private rental Wednesday Noon - Z p.m. Public Swim extended swim day) Friday _Saturday 7:30 p.m. - 9:30 p.m. Private rental Thursday Noon — 5 p.m. Public Swim 6:15 — 9:15 p.m. Family night public swim Friday Noon - 5 p.m. Public Swim Sunday 5:15 p.m. - 9:30 p.m. Private rental Saturday 10 a.m. — Noon Private rental Noon — 5 p.m. Public Swim 5:15 p.m. — 9:30 p.m. Private rental Sunday Noon — 5 p.m. Public Swim 5:15 p.m. — 7:15 p.m. Private rental Weekly 10 -Noon slot reserved for specialgroup use or make -up parties Holiday, and special event swim hours will be Noon — 7 School in session Monday CLOSED Maintenance Tuesday 4:15 p.m. — 8:30 p.m. Private rental Wednesday 4:15 .m. — 8:30 .m. Private rental Thursday 4:15 p.m. — 8:30 p.m. Private rental Friday _Saturday 4:15 p.m. — 8:30 p.m. Private rental 10 a.m. — Noon Private rental Noon — 7 p.. m. Public Swim 7:30 p.m. — 9:30 2.m. Private rental Sunday Noon — S p.m. Public Swim 5:15 p.m. — 7:15 p.m. Private rental POOL FEES Private Party Rental Minimuar, fee Doxit (o bold date) per additional swimmer over 30 (2 Hours; up to 30 swimmers) $80.00 $40.00 $2.00 Daily Admission All children under age of 10 require parentlguardian /adult supervision at all times, no exceptions All ages 10 -Adult $3.00 Ages 5 -9 (must be with adult) $1.50 Ages 4 & under (must be with adult) Free (with one adult admission) Senior Citizens (over age 62) Free Special event admission (i.e. Holiday or special swim hours) Al! children under age of 10 require parent /guardianladult supervision at all times, no exceptions All ages 10 -Adult $1.50 Ages 5 -9 (must be with adult) $0.75 Ages 4 & under (must be with adult) Free (with one adult admission) Senior Citizens (over age 62) Free Special group rates (day care, church groups, etc. non -open swim hours); up to 2 hour pool usage; 1 :7 ratio adult to child All ages 10 -Adult $2.00 Ages 5 -9 (must be with adult) $1.00 Ages 4 & under (must be with adult) Not allowed for in special group rates Season Swim Passes Single: $80 $60 (additional family member discount for second pass) Family of 4 $160 add $10 per additional members up to seven (7) total Pass $10 n 1 J 105 Notes: Single pass • Only valid for swimmers over the age of l0. ' • Parent consent and emergency contact information required at application. • No admission /attendance requirements. Family passes • All children under age of 10 require parent /guar&an /adult supervision at all times, no exceptions. • Non - relative adults (baby- sitters, neighbors, etc) may be listed on application. • Additional members maybe added up to seven (7) family members Swimming Pool Code of Conduct: • The normal swim season is from Memorial Day to Labor Day. • Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person, no dates will be held without application and deposit. • Rental applicants are responsible for the behavior of all guests using the facility. • No private parties are allowed during public swim hours. • Neither alcoholic nor tobacco products of any kind are allowed on premises, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • No glass containers of any sort, kind or variety allowed; no exceptions. • Public swim patrons are allowed to bring hydrating -style beverages — such as bottled water, tap water in exercise -style personal drinking bottle, sports drinks, etc. — all of which are subject to pool management and staff inspection. • No outside food allowed, except for Family Night and private rental events. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. • Patrons are allowed to leave pool grounds and return without penalty. ' • Wade pool is designated for children 42 inches tall and under, accompanied by parent or guardian. 1 106 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3 :00 p.m. June 12, 2006 MEETING The regular meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Griffin and seconded by Councilmember Rogers to approve the minutes of the May 22, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. 3. DONATION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to accept a donation of equipment from the Nederland Volunteer ' Fire Department, Inc. (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None, Absent: Councilmember Sheffield. 4. WATER /SEWER A motion was made by Councilmember Neal and seconded by Mayor Nugent to accept improvements as constructed by Brystar Contracting, Inc. for the 2004 Smoke Test — Year 1 Project and authorize the release of retainage in the amount of $22,848.93. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. 5. LICENSE TO ENCROACH A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to approve Resolution No. 2006 -08, authorizing a License to Encroach at 2125 Hwy. 69 and authorize the City Manager to sign the document. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. J 107 Minutes continued, June 12, 2006 6. CONTRACTS /AGREEMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to postpone approving an agreement with DRC Emergency Services, LLC for debris removal. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield, A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve an agreement with Adjusters International for assistance with insurance claims, contingent upon final approval by the City Attorney and final determination by City staff that the contract is warranted. MOTION CARRIED. Ayes, Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. Andre' Wimer, City Manager, explained that he was contacted by the United States Department of Agriculture regarding their program to assist with the costs of hurricane related debris removal. Based upon an assessment of the City's situation, it appears that Nederland may be eligible to receive approximately $70,000 for disposal costs through July 31; this amount includes personnel, equipment, and landfill fees. A motion was made by Mayor Pro Tern Griffin and seconded by ' Councilmember Rogers to approve a Project Agreement with the United States Department of Agriculture Natural Resources Conservation Services for debris removal. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. Andre' Wimer, City Manager, explained that Rod Hatch, Chief Building Official, will be out of the office for four to six weeks for medical reasons. Due to the recent increase in inspection services he suggests that the City utilize the services of Bureau Veritas, as was done following Hurricane Rita, to perform these duties during Mr. Hatch's absence. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve an agreement with Bureau Veritas for inspection and plan review services, contingent upon final approval of the contract by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. 7. PROCLAMATION Mayor Nugent presented a Proclamation declaring the week of June 12, 2006 as "UM Army Week" in Nederland to Mr. Barry Ward, United Methodist Action ' Reach -Out Mission. Mr. Ward thanked the City of Nederland for their support of this program. He stated that they have volunteers in communities to provide minor housing repairs to the elderly, disabled, and many others. Mr. Ward added that they have 64 volunteers in Nederland and expect to work on '25 -30 homes during their stay. 1C$8 Minutes continued, June 12, 2006 A motion was made by Mayor Nugent and seconded by Councilmember Neal ' to approve a Proclamation declaring the week of June 12, 2006 as "UM Army Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. S. CHANGE ORDER A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve Change Order No. 3 with N &T Construction Co., Inc., renovations to the Nederland Recreation Center and Hughes Public Library in the amount of +$3,328.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. 9. GRANT A motion was made by Councilmember Rogers and seconded by Councilmember Neal to authorize the submission of an application to the 2006 United States Department of Justice COPS Secure Our Schools grant program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. ' 10. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve payments to N &T Construction as follows: $71,087.73, Hurricane Rita renovations of the Recreation center and Hughes Library; and, $12,916.15, Hurricane Rita renovations of the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for the month of May. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. 11. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. ' Minutes continued, June 12, 2006 13, OFFICIALS' COMMENTS ' None. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 3:50 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Councilmember Sheffield. - &,&V, 4d4r---*, R. A. Nugent, yor City of Nederla d, Texas ATTEST: ' LaDonna Floyd, City Clerl City of Nederland, Texas 1 109 110 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV LZ Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk �✓ Richard Hughes City Attorneyc✓ Darrell Bush Police Chief Gary Collins Fire Chief c✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R.A. N6gent, M r LaDonna Floyd, City Cler Date 1 �J The State of Texas § § To All Men Presents Known The County of Jefferson § Donation of Equipment COMES NOW, The Nederland Volunteer Fire Department, EIN 76- 0540194 — a Not For Profit Corporation, a 501 -c -3 corporation, herein granting and bequithing the following equipment to the city of Nederland, Texas : (1) Various Equipment totaling $40,099 ' Such equipment is to be used for Fire Fighting and associated and related duties to fire fighters of the City of Nederland Texas at the orders of the Fire Chief of the city of Nederland, Texas. _ 1 Signed this 1. day of Mn, e . , 2006. President, NVFD, Inc. Accepted this 1 �. day of � nl , , 2006. The Mayor, ity of Nederland, Texas Donation of Equipment The City of Nederland, Texas Page 1 of 1 131 112 CITY OF NEDERLAND ' RESOLUTION 2006 -08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND AESHA LLC, REGARDING ENCROACHMENTS ON 1.3575 ACRES OUT OF LOTS 7 AND 8, BLOCK 18J, PORT ARTHUR LAND COMPANY TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and AESHA, LLC (Licensees), pertaining to encroachments on 1.3575 acres out of Lots 7 and 8, Block 18J, Port Arthur Land Company, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the I day of ca . 2006. �;�mounf !IRII,4•rnlp� far VA • R. A Mgen , ayor City of Nederland, Texas ' n ATTlw an C-411-11— C-z)P� D. LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cify Attorney City of Nederland, Texas 113 LICENSE TO ENCROACH THE STATE OF TEXAS § COUNTY OF JEFFERSON WHEREAS, on the date last indicated below, the City of Nederland, a municipal corporation, situated in Jefferson County, Texas, hereinafter referred to as "Licensor ", and AESHA, LLC, a Texas limited liability company, as Owner, of Jefferson County, Texas, hereinafter referred to as "Licensee ", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee owns the property known as 2125 Highway 69, Nederland, Jefferson County, Texas, the same being more fully described as 1.3575 acres out of Lots 7 and 8, Block 18J, Port Arthur Land Company, a subdivision to the City of Nederland, Jefferson County, Texas as the same appears by map or plat of said addition, on file and of record in Volume 1, Page 22, of the Map Records of Jefferson County, Texas; and, WHEREAS, Licensee desires a license from Licensor to use part of the 10' utility easement on and parallel to the southeast side of said property line for the following purpose, to wit: for a 4.5' encroachment into the utility easement to construct a concrete drive, all of said encroachment being more particularly described on the EXHIBIT "A" attached hereto, and subject to all the terrns and conditions hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Licensor hereby grants Licensee a license to use part of the 10' utility easement as described above, all as shown on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. The subject property may continue to be occupied by Licensee solely in connection with existing structures as indicated by the drawing in the aforementioned EXHIBIT "A" and for incidental purposes related thereto. This license shall terminate upon decision of the City Council of Nederland as described below or upon the removal or demolition of said encroachment, as herein depicted on the aforementioned EXHIBIT "A ". Improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor, in writing, of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Lt the event the City of Nederland, by Resolution of the City Council of such City determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public and it terminates this license, or any part thereof, Licensee shall not receive any compensation and the City of Nederland, Texas, shall not be liable therefore, whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor against, and pay in full, for all claims, losses, damages, lawsuits, costs or expenses, that Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure, or the removal of same, and expressly including, but not limited to, such damages, etc. caused by or resulting from the negligence or misconduct of Licensor, its agents, employees, invitees, and assigns. It is further agreed between the parties that this License shall be construed as a covenant running with the land and shall be binding upon and shall inure to the benefit of Licensee and subsequent owners of said property. Licensor, and any franchised utility of Licensor, reserves the right to make improvements, perform maintenance and construction to the easement or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor ' shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain any claims against such parties for any such damage sustained by Licensee to said encroachment structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. 114 This license shall be recorded in the real property records in the Office of the County Clerk of Jefferson County, Texas, by Licensor. This license is neither assignable nor transferable except in conjunction with and as a part of Licensee's conveyance of all the abutting property their license serves through probate or warranty deed or lease. In any event, Licensor shall be notified of such occurrence by delivering a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if mailed or hand - delivered to the Office of the City Manager, City of Nederland, Jefferson County, Texas. Any notice to Licensee shall be sufficient if mailed or hand- delivered to Licensee at 134 Spur 5, Winnie, Texas 77665. EXECUTED this L 2_ day of , 2006. '�dO}ann�rikmran�a,(' ` _ LICENSOR: CITY OF NEDERLAND • • F B / y Andre' Wimer RLA1.1 City Manager anrnmumnnn�n ATTESTED: LaDonna Floyd City Clerk APPROVED: Richard D. Hughes City Attorney LICENSEE: vAESHA� LLC THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on June 15 2006 by AESHA,LLC. CL., 0, 1=pAtlem Notary Public, State of Tex s 2 L BETH 0. MERREN Nftypdj aswe draw JULY 312007 1 1 1 1 I15 1ir7 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 6:00 p.m. 1. MEETING June 26, 2006 The regular meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Councilmember Rogers to approve the minutes of the June 12, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Griffin, and Rogers. Abstained: Councilmember Sheffield due to his absence of the previous meeting. 3. WELCOME Mayor Nugent welcomed Randy Leger, Troop 232, and their members. Mr. ' Leger introduced the members of his troop and stated that they were attending the Council meeting as a requirement to obtain their communications badge. REQUESTS Nikki Brackin, 8214 Ford Street, addressed the Council relative to the condition of the property located at 8214 Airline Drive. Ms. Brackin stated that the property has not been maintained since the hurricane last September. The structure is dilapidated and in need of repairs or demolition. She added that the only time the grass is mowed is when she files a complaint with the Fire Department. Ms. Brackin also stated that the property is causing a health hazard because it has become a breeding ground for snakes and large rats. She asked the Council to consider condemnation proceedings. Andre' Wimer, City Manager, stated that Rod Hatch, Building Official, is aware of the condition of the property and has attempted to send a certified notice to the owner, Joe Rodriguez, informing him of the repairs and maintenance required by the City's ordinance. Mr. Wimer added that Mr. Hatch is out of the office on medical leave for several weeks, but that he will continue the notification process when he returns. I Minutes continued, June 26, 2006 Mr. Wimer reported that the City received a request from the Recovery ' Coalition of Southeast Texas, L.L.C. asking the City to consider contributing funds to pay for costs incurred in utilizing Bracewell & Giuliani, L.L.P. and the Ben Barnes Group as lobbyists. Specifically, these two (2) firms worked on behalf of Southeast Texas to secure disaster relief funding related to Hurricane Rita. These lobbyists were instrumental in obtaining Federal assistance for our area which otherwise would not have been made available. The requested contribution amount is $0.43 per capita, which equates to $7,491.46. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve the request from the Recovery Coalition of Southeast Texas, L.L.C. for a financial commitment ($0.43 per capita) to compensate Bracewell & Giuliani, L.L.P. and the Ben Barnes Group for their effort on behalf of the hurricane recovery cause for Southeast Texas, contingent upon the understanding that the City is not obligated for any future expenditures unless expressly approved in advance by the City Council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. CONSUMER CONFIDENCE REPORT Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2005 ' Drinking Water Quality Report (Consumer Confidence Report) that 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. 6. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Sheffield to approve an agreement with DRC Emergency Services, L.L.C. for debris removal services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an agreement with Beck Disaster Recovery, Inc. for debris removal management services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. APPOINTMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve the following appointments to the Planning and Zoning Commission for a two (2) year term beginning July 1, 2006 and ending June 30, 2008: C. J. Schexnaider, Jack Porter, Mark Griffin, Homer Nagel, and Robert Sawyer. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Ili 113 Minutes continued, June 26, 2006 A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the following appointments to the Construction Board of ' Appeals: Jackie Miller, Bob Smith, Mike Spell, and Bill Wills to a two (2) year term beginning July 1, 2006 and ending June 30, 2008; and Danny Delahoussaye to a one (1) year term beginning July 1, 2006 and ending June 20, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve the appointment of Jerry McNeill to the Firefighters' Civil Service Commission for a three (3) year term beginning July 1, 2006 and ending June 20, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $1,761.00, architectural services through May 31, 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by ' Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $4,895.00, generator study, and_, $1,350.00, 2005 collection system rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION The regular meeting was recessed at 6:42 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel appointments: City Clerk, Director of Finance, Police Chief, City Judge, and City Attorney; 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.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney; and, Chapter 551.087, economic development negotiations. 10. RECONVENE The regular meeting was reconvened at 6:55 p.m. by Mayor Nugent. , Minutes continued, June 26, 2006 11, PUBLIC OFFICIAL APPOINTMENTS ' A motion was made by Mayor Pro Tem Griffin and seconded by Councilmember Sheffield to authorize the appointment of LaDonna Floyd, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; John Borne, City Judge; and Richard Hughes, City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the preliminary budget for the Jefferson County Appraisal District was received. He added that La Donna Floyd, City Clerk, attended a meeting of the Southeast Texas Regional Airport Master Plan Advisory Committee. This was the second meeting of the MPAC which was established to create a Master Plan for the airport. Some consideration is being give to development of the land along Hwy. 69. Additional information will be provided as it becomes available. 13. ADJOURN There being no further business a motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to adjourn the meeting at 7:00 p.m. ' MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: l R. A. Nug n , yor City of Nederl d, Texas La Donna Floyd, City Clerk City of Nederland, Texas A, U' i 9 1'0 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member —Ward 1 4/ Billy Neal Council Member —Ward II Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member — Ward IV Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager !/ R. A. Nugent, Fyor ^ /J I�i�C- C l �tcs =L . LaDonna Floyd, City Clerk 6 -j� - o� Date 1 n 1 i � E REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 10, 2006 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve the minutes of the June 26, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. 3. LICENSE TO ENCROACH A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve Resolution No. 2006 -09, authorizing a License to Encroach at 2601 Windmill Lane and authorizing the City Manager to sign the document. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. 4. APPOINTMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to appoint Charlana Russell, Lay Representative, and Sonya Willis, Alternate Lay Representative, to the Houston Area Library System (HALS) beginning September 1, 2006 and ending August 31, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. S. CHANGE ORDER A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Change Order No. 4 in the amount of +$1,989.00, with N & T Construction Co., Inc., renovations to the Nederland Recreation Center and Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. . Minutes continued, July 30, 2006 6. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember , Sheffield to approve a payment to Carroll & Blackman in the amount of $12,103.00, 12th Street and Avenue H sewer line invoices. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve payment of the bills for the month of June. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, and Rogers. Noes: None. Absent: Mayor Pro Tern Griffin. Mayor Pro Tern Griffin arrived at 3:20 p.m. BUDGET Andre' Wimer, City Manager, gave a brief overview of the proposed 2006- 2007 budget and announced that the Public Hearing will be held at 6:00 p.m., July 24th. The proposed budget for all funds totals $17,523,700. The budget includes projected revenues of $6,889,035 and anticipated expenditures of $7,139,035. Fund balance, as a result of a temporary increase in sales tax collections, in the amount of $250,000 will be utilized to offset this difference which reflects a transfer to the Equipment Replacement Fund - General Fund. Mr. Wimer stated a proposed tax rate for the proposed budget if $.665000 per $100 assessed valuation. This amount reflects an increase over the current fiscal year. The tax roll information is very preliminary at this time such that the proposed tax rate may ultimately need to be modified once final calculations have been completed by the Jefferson County Appraisal District. The City Manager reviewed the significant changes in the remaining funds. In the Water and Sewer Fund an increase in the base water rate of $1.00 /month from $6.50 to $7.50 was proposed; and, an increase in the base sewer rate of $.50 /month from $7.70 to $8.20 was proposed. The budget for Water Treatment reflects significant increases for chemicals, $29,500, and electricity, $18,000, both of which are due to current market conditions. Mr. Wimer added that $20,000 has been included for the periodic inspection and routine maintenance of the Canal Avenue water tower. The Solid Waste Fund includes a transfer to the Equipment Replacement Fund -Solid Waste Fund in the amount of $210,000 due to the significant increase in cost for both garbage and trash trucks. Also included is $7,000 for the purchase of GPS hardware and software for Solid Waste Department vehicles, and video equipment to monitor unauthorized trash dumping. The Equipment Replacement Fund- General Fund includes $167,000 for the purchase of a pickup truck and a bucket truck for the Street Department, and two (2) police cars and one (1) Expedition for the Police Department. The Equipment Replacement Fund -Water and Sewer Fund includes $42,500 for a mini - excavator and trailer, and the Solid Waste Fund includes $182,000 for a garbage truck. 123 Minutes continued, July 10, 2006 The budget for Central Dispatch includes the creation of one (1) additional Telecommunications Operator position at an approximate cost of $40,000; a Contingency amount of $25,000 as a means of attempting to increase the available fund balance; and a $10,000 transfer to General Fund to reimburse the City for administrative costs incurred in the operation and oversight of Central Dispatch. In order to fund these proposed expenditures the contribution to Central Dispatch will be based upon $1.12 per capita, which will increase Nederland's portion by $25,256. Total debt service requirements for FY 06 -07 total $2,274,080. With regard to personnel issues Mr. Wimer added that the budget includes a three and one half percent (3.5 %) cost of living increase for employees. He added that the proposed budget attempts to maintain sufficient levels of reserve funds, while allocating estimated revenues for operational expenses. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve Resolution No. 2006 -10, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2006 and ending September 30, 2007, and calling for a Public Hearing to be held at 6:00 p.m., July 24, 2006, for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2007 -2011 which identifies capital expenditures /projects totaling $3,469,000. 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 includes 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 Nugent and seconded by Councilmember Sheffield to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. PUBLIC OFFICIALS' COMMENTS After a question relative to dilapidated structures by Councilmember Sheffield, Mr. Wimer informed the Council that a Public Hearing will be conducted on August 28`h to review several structures within the City. He added that if they would like to see a particular location placed on the list to please let him know as soon as possible. Minutes continued, July 10, 2006 11. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 3:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: - d'AJ'4=P-"3 r--' R. A. Nugent,, ayor City of Nederland, Texas La Donna Floyd, City Clerk City of Nederland, Texas + 9 o • J 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member — Ward I Billy Neal Council Member — Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member — Ward IV Andre Wimer City Manager ✓ LaDonna Floyd City Clerk t/ Corrie Zepeda Acting City Clerk V Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works I/ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager 4 R. A. Nu dent, 64yor LaDonna Floyd, City Clerk 1 o -o�e Date 1_ CITY OF NEDERLAND RESOLUTION 2006 -10 A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007. 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, 2006 and ending September 30, 2007; and WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed or amended form; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland is hereby accepted and a Public Hearing is hereby set for 6:00 p.m., July 24, 2006, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the i O day of 12006. ATTEST: La onna Floyd, City CI rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: p Nom•, -� �_ Richard D. Hughes, City Att rney City of Nederland, Texas f� R. A. NugenGIMayor City of Nederland, Texas 1 CITY OF NEDERLAND RESOLUTION 2006 -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AUTHORIZING THE EXECUTION OF A LICENSE TO ENCROACH AGREEMENT BETWEEN THE CITY OF NEDERLAND AND MICHAEL CLARK AND WIFE, LAURA CLARK, REGARDING ENCROACHMENTS ON LOT 6, HOLLAND HOME SUBDIVISION TO THE CITY OF NEDERLAND. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby authorized and directed to execute on behalf of the City, a License to Encroach Agreement between the City of Nederland (Licensor) and Michael Clark and wife, Laura Clark (Licensees), pertaining to encroachments on Lot 6, Holland Home ' Subdivision, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the C day of � 2006. R. A. Nugent, or City of Nederla d, Texas ATTEST: I onna Floyd, City Clert City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City7Attorney City of Nederland, Texas w � )t t 1�� I I I I I LL m I I I I = O I �' d n�awasc3 m W a ul Won I n ct O � o o ►- €0 < fO 1 s I I A co Omm e LL fn Om �• 1 II 1 age I i I D1 11 C '� 0 ❑ R dN I _ „ 7L l lj Cal to 00 eX oNxe wJ I I Y ?W m w sd l JVlOd O U< LL O U , MR.OM.% x R W U Z W �Q V ) 0J m v (7 dd N N o � n� W � n vo �O X00 3 n c '^ m a n m m � . a n m d c ° N C O m � @ v yy c 5 p m fS o RR 3 Cia3 k W g y 0 n m C � ° m Q'�ymy1� 0 � T N v•° uo8 EXHIBIT "A" 7 LL m I Om m W I t°VN /I a o I co Omm e LL fn Om �• W U Z W �Q V ) 0J m v (7 dd N N o � n� W � n vo �O X00 3 n c '^ m a n m m � . a n m d c ° N C O m � @ v yy c 5 p m fS o RR 3 Cia3 k W g y 0 n m C � ° m Q'�ymy1� 0 � T N v•° uo8 EXHIBIT "A" 7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. MEETING July 24, 2006 The regular meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Mayor Pro Tern Griffin to approve the minutes of the July 10, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. REQUEST Laura Murray, 210 South 14 1/2 Street, addressed the Council regarding sewer line repairs made under her driveway. Ms. Murray stated that her asphalt driveway was dug up in order to make repairs to the sewer line and the City replaced the asphalt with sand and limestone base. As a result of heavy rains the base settled resulting in the front tires of her car sinking into the previously excavated area. Ms. Murray added that she had to call a tow truck to remove her car from the area that resulted in some minor damage to the vehicle, however, that the tow truck company reimbursed her for that damage. While her vehicle was being repaired she had to rent a vehicle for three (3) days. She asked that her driveway be replaced with asphalt to prevent this occurring again. Andre' Wimer, City Manager, explained to Ms. Murray that it is the City's practice that when limestone base is used that enough time elapse to insure that it is completely settled prior to replacing the asphalt. Ms. Murray was not aware that the asphalt would be replaced, but was pleased that it would be. She thanked the Council for their time. 4. BIDS /PURCHASES A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the purchase of a zero turning radius lawnmower for the Parks Department through BuyBoard in the amount of $8,079.20. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 130 Minutes continued, July 24, 2006 S. INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending June 30, 2006. A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to accept the Quarterly Investment Report as presented (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. STREETS AND SIDEWALKS Andre' Wimer, City Manager, reported that the Texas Department of Transportation (TxDOT) is considering improvements to the FM 365 and Highway 69 intersection in order to alleviate traffic congestion. As noted in their proposed plans, however, a concrete medium would be constructed which would prevent traffic from turning left off of S. 37`h Street onto FM 365. It would appear that this construction would negatively impact The Plaza shopping area and adjoining businesses by restricting ingress and egress; conversely, it would appear to benefit commercial development in Port Arthur. TxDOT has requested comments /concerns from the City. Stavros Megas, The Plaza, indicated that they are opposed to the proposed work because it will prevent eastbound traffic on Hwy. 365 from entering The Plaza. They would like the crossover to remain open or an alternate revision suggested. It was suggested that they contact State Representative Allan Ritter's office to officially voice their concerns with the proposed plan. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to send written comments to TxDOT opposing the proposed closure of the crossover at South 37`h Street and Hwy. 365, and that an alternate plan be offered that would not limit access to The Plaza. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve payments to N & T Construction Co., Inc. as follows: $33,090.04, Hurricane Rita renovations of the Recreation Center and Hughes Library; and, $20,337.35, Hurricane Rita renovations of the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, July 24, 2006 B. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:26 p.m. for the purpose of receiving questions and /or comments regarding the proposed City of Nederland Fiscal Year 2006 -2007 Annual Budget. Andre' Wimer, City Manager, stated that in accordance with the City Charter a Public Hearing must be conducted prior to August 15`h of each year on the proposed annual budget. The Public Hearing gives interested persons the opportunity to comment on the budget. The City Council retains the authority to modify the proposed budget as deemed necessary. He added that the biggest change in the proposed budget is the addition of an employee for Mid - County Central Dispatch. The certified tax roll and the effective tax rate should be available sometime this week. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:29 p.m. 9. CAPITAL IMPROVEMENT PROGRAM Andre' Wimer, City Manager, briefly reviewed the Five Year Capital Improvement Plan, adding that it totals almost $3.5 million. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:31 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 6:51 p.m. by Mayor Nugent. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to authorize the City Attorney to solicit an installment agreement with Galveston Wireless, L.L.C. and in the event they default a lawsuit will be filed. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. CITIZEN COMMENTS Mark LeGrande, 1515 Nederland Avenue, asked to address the Council relative to the 90 -day repair order issued by the City Council on March 27, 2006. 131 Minutes continued, July 24, 2006 Andre' Wimer, City Manager, explained to Mr. LeGrande that the Council could not take any action because this item was not a part of the agenda. Mr. LeGrande added that he wanted to ask for additional time to make the necessary repairs and to review the details of the March 27th Public Hearing. Mr. Hughes, City Attorney, again explained that the Council cannot engage in conversation with him on this matter but can only listen to his comments. Mr. Wimer added that due to a publication error those orders authorized by the Council at that Public Hearing will once again be reviewed during another Public Hearing on August 28`h, and that prior to that meeting no action will be taken by the Building Official. 13. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City of Port Arthur has agreed to release a portion of its ETJ west of Holmes Road to the City of Nederland. Dr. Rao intends to construct a large subdivision on this approximately 90 -acre tract. An item to amend the City's ETJ ordinance should appear on the next agenda for approval. Mr. Wimer added that the traffic signal program provided by TxDOT has changed dramatically going from basically 100% funded to now being approximately $75,000 per intersection. Due to the increase to the City these may now be done in- house. Finally, Mr. Wimer indicated that the City's $500,000 request for Hurricane Rita CDBG disaster relief funds may be in jeopardy due to proposed changes in allowable expenditures by the State. This change would impact all cities that have requested funding. The SETRPC and David Waxman are monitoring this situation. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Sheffield to adjourn the meeting at 7:08 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. �L R. A. Nugent, or City of Nederla d, Texas ATTEST: _::�/ C�'��% �./�i C)_ . � �•\ \ \1 \Uql, !IlrlllrylJ/M / /// La Donna Floyd, City Clerk �a C 4/ i City of Nederland, Texas Ffi L Aly o `aa 1 1 CITY OF NEDERLAND 133 COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I Billy Neal Council Member— Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member— Ward IV Andre Winner City Manager LaDonna Floyd City Clerk ✓ Corrie Zepeda Acting City Clerk Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager &Y_2�4r- R. A. Nugen ayor LaDonna Floyd, City Clerk Date 1 n 3 R •D4cW Nugem. Mayon S.by Neal. Mayon Pro Tom Tun Stmolosn, Counuolrnwnber • Tabby Gntlln, Councilmornber City of Nederland �, , cavf-cfteftel AtW6 Wimet. Clay Manager 110 Bo. ti)V • aNededand, Texas 77627 • (409) 723.1509 - FAX (409) 723-1550 Investment Report For the Quarter Ending June 30, 2006 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 Kwden, Director of Finance "Programmed for Progress" 1 1 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2006 Investments at Beginning of Period (4 -1 -06) Purchases Maturities Investments at End of Period (6- 30 -06) Maturity Summary at June 30, 2006 $5,134,716.63 62,624.05 0.00 $5,197,340.68 ❑ Less than 3 months ❑ 3 to 6 months ® 7 to 9 months ■ 9 to 12 months n i 11 V i! 100 City of Nederland Summary of Account Activity ' Total Portfolio - All Accounts For Quarter Ending June 30, 2006 Fund Allocation at June 30, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22 °h General Fund 72% 1 Balance Balance 04/01/2006 Purchases Maturities 06/30/2006 General Fund $3,695,223.38 $45,155.72 $3,740,379.10 Library Fund 29,723.33 241.02 29,964.35 Water & Sewer Fund 1,120,543.55 13,693.08 1,134,236.63 Motel Occupancy Tax Fund 10,809.81 132.09 10,941.90 Solid Waste Fund 726.40 8.84 735.24 Capital Outlay Fund 392.71 4.66 397.37 Police Narcotics Fund 41,796.37 510.74 42,307.11 SRF Construction Funds 164,799.70 2,013.85 166,813.55 MCML Dispatch 662.41 8.14 670.55 Parks & Recreation Fund 21.61 0.13 21.74 Equipment Replacement Fund 51.03 0.78 51.81 Bond Redemption Fund 69,966.33 855.00 70,821.33 $5,134,716.63 $62,624.05 $0.00 $5,197,340.68 Fund Allocation at June 30, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22 °h General Fund 72% 1 4 i Investment Report Schedule j Investments for the Quarter ended June 30, 2006 CERTIFICATES OF DEPOSIT Interest Earned for Certificate Purchase Maturity Days to Interest Quarter ended Number Date Date be held Rate Face Amount June 30, 2006 Held at June 30, 2006 Library Special Fund 1863574537 01/12/06 11/12/06 300 3.92% 10,000.00 99.03 Total Interest Earned on CDs for the quarter ended June 30, 2006 Total Certificates of Deposit held at June 30, 2006 $ 10,000.00 1 1 Investment Report Schedule Investments for the Quarter ended June 30, 2006 INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments Market Interest Principal Earned Book Value $3,695,223.38 $45,155.72 $3,740,379.10 1,120, 543.5 5 13,693.08 1,134,236.63 69,966.33 855.00 70,821.33 392.71 4.66 397.37 10,809.81 132.09 10,941.90 19,723.33 241.02 19,964.35 726.40 8.84 735.24 164,799.70 2,013.85 166,813.55 662.41 8.14 670.55 41,796.37 510.74 42,307.11 21.61 0.13 21.74 51.03 0.78 51.81 $5,124,716.63 $62,624.05 $5,187,340.68 1 1 �J Average Days to Interest Period Held Maturity Rate General Fund 04/01/06 06/30/06 1 4.88% Water & Sewer 04/01/06 06/30/06 1 4.88% Bond Redemp. 04/01/06 06/30/06 1 4.88% Capital Outlay Fund 04/01/06 06/30/06 1 4.88% Motel Occupancy 04/01/06 06/30/06 1 4.88% Library Special 04/01/06 06/30/06 1 4.88% Solid Waste Fund 04/01/06 06/30/06 1 4.88% SRF Construction Fund 04/01/06 06/30/06 1 4.88% MCML Dispatch 04/01/06 06/30/06 1 4.88% Police Narcotic Fund 04/01/06 06/30/06 1 4.88% Parks & Recreation Fund 04/01/06 06/30/06 1 4.88% Equipment Replacement Funds 04/01/06 06/30/06 1 4.88% Totals for TEXPOOL Investments Market Interest Principal Earned Book Value $3,695,223.38 $45,155.72 $3,740,379.10 1,120, 543.5 5 13,693.08 1,134,236.63 69,966.33 855.00 70,821.33 392.71 4.66 397.37 10,809.81 132.09 10,941.90 19,723.33 241.02 19,964.35 726.40 8.84 735.24 164,799.70 2,013.85 166,813.55 662.41 8.14 670.55 41,796.37 510.74 42,307.11 21.61 0.13 21.74 51.03 0.78 51.81 $5,124,716.63 $62,624.05 $5,187,340.68 1 1 �J Investment Report Schedule Investments for the Quarter ended June 30, 2006 ' INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate June 30, 2006 Bond Redemp.Fund 04/01/06 06/30/06 1 3.80% 416.02 Court Technology Fund 04/01/06 06/30/06 1 3.80% 16.36 Equipment Replacement Funds 04/01/06 06/30/06 1 3.80% 1,780.55 General Fund 04/01/06 06/30/06 1 3.80% 39,510.25 Library Special Fund 04/01/06 06/30/06 1 3.80% 355.58 Motel Occupancy Fund 04/01/06 06/30/06 1 3.80% 29.98 Parks & Rec. Fund 04/01/06 06/30/06 1 3.80% 51.41 Police Narcotic Fund 04/01/06 06/30/06 1 3.80% 1,580.47 Solid Waste Fund 04/01/06 06/30/06 1 3.80% 5,961.19 SRF Construction & Escrow Funds 04/01/06 06/30/06 1 3.80% 792.08 SSES Fund 04/01/06 06/30/06 1 3.80% 2,776.79 W & S Certificate Fund 04/01/06 06/30/06 1 3.80% 566.00 Water & Sewer Fund 04/01/06 06/30/06 1 3.80% 2,960.75 Wastewater Construction Fund 04/01/06 06/30/06 1 3.80% 3,155.16 $59,952.59 1 1 Investment Report Schedule June 30, 2006 Interest Earnings for Quarter Ended June 30, 2006 Bond Redemption Fund $1,271.02 Capital Outlay Fund 4.66 Court Technology Fund 16.36 Equipment Replacement Funds 1,781.33 General Fund 84,665.97 Library Special Fund 695.63 MCML Dispatch 8.14 Motel Occupancy Tax Fund 162.07 Parks & Recreation Special Fund 51.54 Police Narcotic Account 2,091.21 Solid Waste Fund 5,970.03 SRF Escrow & Construction Funds 2,805.93 SSES Fund 2,776.79 W & S Certificate Fund 566.00 Wastewater Construction Fund 3,155.16 Water & Sewer Fund 16,653.83 $122,675.67 Fj l__J i s REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING August 14, 2006 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Tem Griffin and seconded by Councilmember Rogers to approve the minutes of the July 24, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. CITY SERVICES A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to authorize the Nederland Police Department to escort Nederland High School buses to out of town football games. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. LIBRARY A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Griffin to approve the Library Technology Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to authorize the submission of a grant to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. MUTUAL AID AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to postpone approving a Mutual Aid Agreements with the City of Mineola, Texas, and with Wood County, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. -t :. Minutes continued, August 14, 2006 BIDS /PURCHASES A motion was made by Councilmember Neal and seconded by Mayor Nugent to authorize the advertisement of bids for repairs to water towers. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. BUDGET A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve Ordinance No. 2006 -08, an appropriation ordinance adopting a budget in accordance with Article VII in the Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. B. ORDINANCES A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve Ordinance No. 2006 -09, adopting a tax rate of $.416421 for Maintenance and Operations for the fiscal year beginning October 1, 2006 and ending September 30, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ' A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve Ordinance No. 2006 -09, adopting a tax rate of $.268579 for Debt Service for the fiscal year beginning October 1, 2006 and ending September 30, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve Ordinance No. 2006 -10, water and sewer rates and tap fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. CAPITAL IMPROVEMENT PROGRAM A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve the Five year Capital Improvement Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, August 14, 2006 10. PAYMENTS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve a payment to Kieschnick Industries, Inc. in the amount of $42,636.00 for work done on UV Troughs at the Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $1,174.00, Hurricane Rita restoration of City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve payments to N & T Construction Co., Inc. as follows: $26,820.42, Hurricane Rita renovations to the Recreation Center and Hughes Library; and, $21,810.01, Hurricane Rita renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a payment to Mike Barnett Construction in ME the amount of $166,628.00, Hurricane Rita roof repairs. MOTION CARRIED. ILI Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 3:30 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; appeal of Texas Gas Service Company from ratesetting actions of the Cities of Nederland, Port Neches, and Groves; consider potential litigation against Galveston Wireless, L.L.C.; and, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 3:47 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 143 Minutes continued, August 14, 2006 13. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City's windstorm insurance company, XL Lloyds, has indicated that it will no longer provide coverage to Nederland and other similar size municipalities. The policy has been provided through the TML Intergovernmental Risk Pool, which has utilized XL Lloyds to provide windstorm protection. TML also offers coverage by TWIA (Texas Windstorm Insurance Association), however, the rates are typically much higher than charged by XL Lloyds. He added that it would probably not be beneficial for the City of solicit bids for windstorm coverage at this time. Mr. Wimer stated that the CDBG non - housing grant being awarded through the Texas Department of Housing and Community Affairs for reimbursement for Hurricane Rita related damages are not progressing. It appears that TDHCA is being reluctant to use the funds for non - housing matters. They have scheduled another meeting for August 30`" in Austin to review all applications from this area. A final decision should be made after that meeting. Finally, Mr. Wimer said that the item to expand the City's ETJ should be on the next agenda for approval by the Council. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Sheffield to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: R. A. Nugent,Fndy,oTexas r Cit of Nedert Y LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member ✓ Billy Neal Council Member ✓ Debby Griffin Council Member Bert Rogers Council Member ,/ Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian 1/ Kelly Galloway Assistant to the City Manager �1n R. A. Nugent, or LaDonna Floyd, City Clerk y - i 'q- 0(_0 Date 145 ORDINANCE NO. 2006-08 ' AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1, 2006 and ending September 30, 2007. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On July 24, 2006, 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 Seven million, one hundred thirty -nine thousand, thirty -five dollars and no cents ($7,139,035.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 11,502 , b. Legal. 55,865 c. City Manager 347,107 d. Finance 223,071 e. Personnel 199,321 f. Civil Service 6,200 g. City Hall 59,024 h. Police 2,304,358 i. Police - Prisoner Extra Help 32,589 j. Emergency Management 6,496 k. Fire 1,259,223 1. Fire Volunteers 16,058 m. Inspections 159,360 n. Public Works Administration 217,519 o. Street Department 898,508 p. City Shop 144,101 q. Parks & Recreation 402,437 r. Library 302,656 s. Other Requirements 493,640 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, six hundred thirty -eight thousand, ten dollars and no cents ($1,638,010.00) 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 Four ' million, twenty -four thousand dollars and no cents ($4,024,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 1 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Six hundred thirty -six thousand, seventy dollars and no cents ($636,070.00) 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, two hundred forty -three thousand, seven hundred dollars and no cents ($1,243,700.00) 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 One hundred sixty -seven thousand dollars and no cents ($167,000.00) 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 Sixty -seven thousand, five hundred dollars and no cents ($67,500.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 -EQUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred eighty -two thousand dollars and no cents ($182,000.00) to the ' Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Eighty thousand, nine hundred fifty -three dollars and no cents ($80,953.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Eighty -five thousand, six hundred forty dollars and no cents ($85,640.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11— COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty -six thousand, nine hundred forty -one dollars and no cents ($1,536,941.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 13 - HOTELMOTEL FUND. That there be and is hereby appropriated the sum of Sixty thousand dollars and no cents ($60,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 14 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. I Section 15 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Four thousand dollars and no cents ($4,000.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. a. Water Treatment $ 1,047,766 b. Billing /Collections 255,747 c. Wastewater Treatment 671,859 d. Water & Sewer Distribution 846,426 e. Other Requirements 1,202,202 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Six hundred thirty -six thousand, seventy dollars and no cents ($636,070.00) 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, two hundred forty -three thousand, seven hundred dollars and no cents ($1,243,700.00) 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 One hundred sixty -seven thousand dollars and no cents ($167,000.00) 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 Sixty -seven thousand, five hundred dollars and no cents ($67,500.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 -EQUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred eighty -two thousand dollars and no cents ($182,000.00) to the ' Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum of Eighty thousand, nine hundred fifty -three dollars and no cents ($80,953.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Eighty -five thousand, six hundred forty dollars and no cents ($85,640.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11— COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand dollars and no cents ($5,000.00) to the Court Technology Fund for the payment of operating expenses and necessary capital outlay. Section 12 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty -six thousand, nine hundred forty -one dollars and no cents ($1,536,941.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 13 - HOTELMOTEL FUND. That there be and is hereby appropriated the sum of Sixty thousand dollars and no cents ($60,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 14 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. I Section 15 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Four thousand dollars and no cents ($4,000.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 16 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That ' there be and is hereby appropriated the sum of Six hundred twenty -eight thousand, eight hundred fifty -one dollars and no cents ($628,851.00) 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, 2006 and ending September 30, 2007. 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, 2006, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2006 and ending September 30, 2007, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. I 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 14'h DAY OF AUGUST, A.D., 2006. ATTEST: Cie " 'A..1 LaDonna Floyd, City derk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ty Attorney City of Nederland, Texas R.A. Nugent, It yor City of Nederland, Texas 1 149 ORDINANCE NO. 2006-09 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2006, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City of Nederland, subject to ad valorem taxes for the tax year 2006, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $685,732,980. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll famished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $685,732,980, shall become the tax assessment rolls of the City of Nederland for the year 2006, less all exemptions provided by either State Law or City ordinance in the amount of $61,433,670. ' SECTION 2: - That there is hereby levied for the current year, 2006, 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, 2007 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 68.5 cents 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), 41.6421 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 26.8579 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred nineteen thousand, four hundred seventy -five dollars ($419,475.00) on the Certificates of Obligation, Series 1996, 6.8948 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Two hundred seven thousand, five hundred twenty -two dollars and fifty cents ($207,522.50) on the Certificates of Obligation, Series 1998, 3.4110 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred twenty -eight thousand, six hundred sixty dollars ($128,660.00) on the Certificates of Obligation, Series 1999, 2.1148 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of One hundred ninety -nine thousand, five hundred dollars ($199,500.00) on the Certificates of Obligation, Series 2000, 3.2791 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Six hundred seventy -eight thousand, ' eight hundred fifty -one dollars and twenty -six cents ($678,851.26) on the Certificates of Obligation, Series 2002, 11.1582 cents on each one hundred dollars ($100) valuation of property. SECTION 3: - The Jefferson County Tax Assessor - Collector (who, pursuant to contract, is the Tax Assessor - Collector for the City of Nederland) is hereby directed to prepare Tax Statements and proceed with the collections of the 2006 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 14' DAY OF AUGUST, A.D., 2006. R ayor City of Nederland, Texas ATTEST:� LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: A�_ Richard D. Hughes, City A orney City of Nederland, Texas LJ ' CITY OF NEDERLAND ORDINANCE NO. 2006-10 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. 2005-11. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Reveal of Previous Ordinances and Re¢ulations. 1. All other ordinances and/or regulations governing City of Nederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, ' 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 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. Avvlication 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; i) the signature of the individual responsible for payment, and j) proof of identification. 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. 152 SECTION 4. Installation of Service. ' 1. No private service lines shall be connected or tapped to any City water line unless a meter is installed by the City at that connection. 2. No private service lines shall be connected to any City sewer line unless the connection/tap has been made and/or approved by the City. 3. Not more than one (1) premise may be connected to any one (1) water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Taos. 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: If street excavation is required, the following fees will be assessed in addition to the fees listed above: Inside City Outside City Length (No So-t E.-ti.) (No Su-t Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1 " Water Tap 450.00 675.00 1 th " Water Tap 650.00 975.00 2" Water Tap 1,400.00 2,100.00 Over 2" Water Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taos. 1. The City reserves the right to tap existing City sewer lines. 1 Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 2l'- 30' 525.00 675.00 31' - 40' 700.00 875.00 41'- 50' 850.00 1,050.00 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taos. 1. The City reserves the right to tap existing City sewer lines. 1 t r ' 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: 8" depth/width or less Inside City Outside City (No street Excavation) (No Skeet Excavation) 4" Sewer Tap $200.00 $300.00 6" Water Tap 300.00 450.00 8" Water Tap 400.00 600.00 8" depth/width or more Inside City Outside City (No sow Excavation) (No Skeet Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Water Tap Cost Cost x 1.5 8" Water Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: 1 SECTION 7. Water Meter and Garbaee 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: 3/4" and Smaller Water Meter 1" Water Meter 1 ''A " Water Meter 13/4 " Water Meter 2" and Larger Water Meter Inside City Additional Cost for Street Excavations $100.00 Length Asphalt Concrete 1' -10' $200.00 $ 300.00 11'- 20' 375.00 550.00 21' - 30' 525.00 675.00 31'- 40' 700.00 875.00 41'- 50' 850.00 1,050.00 SECTION 7. Water Meter and Garbaee 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: 3/4" and Smaller Water Meter 1" Water Meter 1 ''A " Water Meter 13/4 " Water Meter 2" and Larger Water Meter Inside City Outside City $100.00 $100.00 150.00 150.00 200.00 200.00 250.00 250.00 300.00 300.00 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. 1 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. C R SECTION 9. Previous Service - Outstandine Balance. ' 1. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following rates shall be charged for water service: Inside City Outside City First 2,000 Gallons (minimum) $ 7.50 $ 12.00 Each additional 1,000 gallons* 2.25 4.00 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) *Except as required by provisions of outside City contracts SECTION 11. Sewer Rates. The following rates shall be charged for sewer service: Inside City Outside City First 2,000 Gallons (minimum) $ 8.20 $ 14.25 Each additional 1,000 gallons* 2.40 3.60 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) *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) $ 16.55 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billine 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 Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. SECTION 15. Re- connection Charees. 1. Should utility service be discontinued due to non - payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. The re- connection fee shall be $20.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). The re- connection fee shall be $45.00 if reinstatement of utility service is requested after working hours. If customer does not have a $100 deposit on file, he will be required to pay a deposit in addition to the account balance and reconnection fees before utility service is reconnected. 2. Should service be discontinued, the City shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the City has discontinued the service for non- ' payment, such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non - payment, the City may require the following: a. Payment for the delinquent bill in the form of cash, money order, and/or cashiers check. b. The City retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice, water will be immediately disconnected. 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. 156 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. 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 Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. ' 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the City prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the City prior to the issuance of a disconnection notice, he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the City may develop a payment schedule which shall be documented on a form supplied by the City. This form shall include, but not be limited to, the following information: a) dates of future payments; b) amounts of future payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the City abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be permitted to establish additional payment schedules until full payment has been received on the initial /existing payment schedules. SECTION 21. Hardships. 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. Customer must show proof leak has been repaired before issuance of , adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 157 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. 5. Leak adjustments will be limited to one per twelve month period. SECTION 22. Meter Tamoerin¢. 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. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the City. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where a meter has been interfered with, disturbed, or damaged. 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 or vacant) property must be hauled off by the owner or developer at their expense. 3. The City will provide collection of trash to customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. 4. Should an owner of property within the City request the removal of trash, the City may do so at a cost of $4.50 /cubic yard. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the City dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals /companies hired by the property owners. SECTION 24. Validation. 1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect September 1. 2006.. ' PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 14th day of August 2006. R. A. NugeiVMayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Cl rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: all"b" Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 28, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve the minutes of the August 14, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at I 6:02 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 719- 10th Street 1715 Atlanta Avenue 5043 Bourque Road 207 Chicago Avenue 307 Hill Terrace Drive 2223 Nederland Avenue 1220 South Twin City Hwy 8213 Airline Drive 1035 Boston Avenue 1111 Canal Avenue 2424 Avenue H 1515 Nederland Aenue 1911 Queens Avenue 1027 N. Twin City Hwy. Rod Hatch, Building Official, gave a brief report on each structure. He stated that all would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that all structures meet the demolition requirements of Ordinance No. 2001 -07. He recommended that if any of the structures are not repaired or removed by the deadline imposed by the Council that they be demolished. Andre' Wimer, City Manager, reported that the South East Texas Regional Planning Commission has received funding to assist homeowners in the area with demolition. The funds are being distributed on a first come -first served basis. The program was designed to assist with demolition of homes that cannot be repaired as a result of Hurricane Rita. C Minutes continued, August 28, 2006 Irby Basco, P. O. Box 1025, Nederland, addressed the Council regarding the storage buildings at 1715 Atlanta Avenue. He stated that he is in the process of purchasing the property and would like to request that he be given at least six months to make the necessary repairs. 1 Jeff Pope, 205 - 9`h Avenue, Nederland, addressed the Council regarding property he owns at 307 Hill Terrace. Mr. Pope indicated that he has obtained bids to have the structure demolished, however, the contractor is unable to begin the demolition immediately. He believes the structure will be removed within 60 days. Dalton Green, P. O. Box 2115, Nederland, stated that he purchased the property at 1220 S. Twin City Hwy. just days before Hurricane Rita hit. He has been dealing with his insurance company and they would not allow him to demolish the structure. He indicated that he did receive approval from them last week to proceed with demolition. Joe Rodriguez, 216 - 36`h Street, stated that he had his property at 8213 Airline Drive appraised recently at $40,000. He added that the repairs would be less than 50% of that value. He asked the Council to allow him to begin the necessary repairs by November 1st. Nicki Bracken, 8214 Ford, resides next door to 8213 Airline Drive and asked the Council for assurance that something will be done to clean up this property. Irby Basco, P. O. Box 1025, Nederland, informed the Council that he is currently in negotiations to purchase the storage buildings at 1035 Boston Avenue and asked the Council to consider waiting to issue a demolition order until he learns if he is successful in buying the property. Theron Tate, 8837 - 5`h Street, Beaumont, stated that he is in the process of purchasing the property at 1111 Canal and would like to request at least 90 days to have the structure demolished. Ruth Taylor, 416 - 23 Street, addressed the Council as the owner of 2424 Avenue H. Mrs. Taylor stated that she has a prospective buyer for the property. She added that she has been trying to remove the contents of the structure but due to the extreme heat she is asking for an additional 5 -6 months or until such time as the sale is complete. Randy Robin, 311 Hunter Ridge, informed the Council that he will be demolishing the structure at 1027 N. Twin City Hwy., but would like to request additional time to complete the demolition. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:27 p.m. by Mayor Nugent. [-1 I Minutes continued, August 28, 2006 4. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to set a 90 -day time period for the Estate of Kathleen Erickson to comply with the demolition and removal of the structure located at 719 - 10`h Street, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to postpone action regarding the rehabilitation or condemnation of abandoned and dilapidated structure at 1715 Atlanta Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to set a 90 -day time period for Chance Ventures, LTD to comply with the demolition and removal of the structure located at 5043 Bourque Road, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to set a 60 -day time period for Leslie C. Johnson to comply with the demolition and removal of the structure located at 207 Chicago, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Griffin to set a 90 -day time period for Jeff Pope to comply with the demolition and removal of the structure located at 307 Hill Terrace, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to set a 90 -day time period for Hamani Imran to comply with the demolition and removal of the structure located at 2223 Nederland Avenue, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. i � .k Minutes continued, August 28, 2006 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Rogers to set a 90 -day time period for Buddy Green to comply with the demolition and removal of the structure located at 1220 S. Twin City Hwy., and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to set a 90 -day time period for Joe Rodriguez to comply with the demolition and removal of the structure located at 8213 Airline Drive, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to set a 90 -day time period for Russell N. McDonald to comply with the demolition and removal of the structure located at 1035 Boston, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Griffin, and Rogers. Noes: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to set a 90 -day time period for Harriel Whitehead to comply with the demolition and removal of the structure located at 1111 Canal, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to set a 90 -day time period for Ruth Taylor to comply with the demolition and removal of the structure located at 2424 Avenue H, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Mark LeGrande, 1515 Nederland Avenue, addressed the Council relative to the building he owns at this address. He is requesting additional time to make the necessary repairs. He also would like to see the building be classified as a warehouse so that he will not have to have plumbing and electricity installed. Minutes continued, August 28, 2006 A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to set a 90 -day time period for Mark LeGrande to comply with the demolition and removal of the structure located at 1515 Nederland Avenue, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes, None. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to set a 90 -day time period for Elzer Bradley Estate to comply with the demolition and removal of the structure located at 1911 Queen, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Sheffield to set a 90 -day time period for Randy Robin to comply with the demolition and removal of the structure located at1027 N. Twin City Hwy., and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. EXTRATERRITORIAL JURISDICTION A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to approve Resolution No. 2006 -11, an amendment to the extraterritorial jurisdiction apportionment agreement between the Cities of Nederland, Port Arthur, and Beaumont dated July 20, 1965, MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ORDINANCES A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone approving an Amendment to Ordinance No. 2000 -17, waiving the $75.00 administrative fee associated with the Trailer Park Board of Appeals for Hurricane Rita related variance requests; and an Amendment to Ordinance No. 259, allowing the Trailer Park Board of Appeals to grant Hurricane Rita related variances for a period not to exceed one (1) year. Action was not necessary as staff determined that existing ordinances already addressed these situations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, August 28, 2006 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to approve an Interlocal Agreement with Tarrant County, i cooperative purchasing program. MOTION CARRIED. g Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve a Collective Bargaining Agreement with the International Association of Firefighters Local 3339. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Ji\1514 0 111 &1: A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a payment to Brystar Contracting, Inc. in the amount of $22,848.93, Wastewater Collection System Rehabilitation FY 2005. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $2,389.23, Hurricane Rita restoration of City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to Carroll & Blackman, Inc. in the amount of $2,220.00, Sanitary Sewer Relocation and Sanitary Sewer Replacement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. PUBLIC OFFICIALS' COMMENTS None. Minutes continued, August 28, 2006 11. ADJOURN so Im There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 8:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. r 1 ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas G R. A. Nugent ayor City of Nederland, Texas 3 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member— Ward I tX Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member— Ward IV ✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian �✓ Kelly Galloway Assistant to the City Manager R. A. Nugent, Mcy6r s'?" LaDonna Floyd, City Clerk o?,81 Q Date CITY OF NEDERLAND ' RESOLUTION 2006 -11 A RESOLUTION PERTAINING TO THE EXTRATERRITORIAL JURIDSICTION OF THE CITY OF PORT ARTHUR, NEDERLAND, AND BEAUMONT. WHEREAS, the City of Port Arthur, City of Beaumont, and City of Nederland have a 1965 agreement apportioning its extraterritorial jurisdiction which was overlapping on August 23, 1963; and WHEREAS, Triangle Acquisitions, Inc., has submitted a letter requesting that the City of Port Arthur release approximately 91.9 acres of its extraterritorial jurisdiction so that a subdivision comprising approximately 134 lots can be built in this area; and WHEREAS, this area is presently in the CCN of Aqua Texas for water services; and WHEREAS, Triangle Acquisitions is requesting that the extraterritorial jurisdiction be reapportioned so that the 91.9 acres be in the extraterritorial jurisdiction of Nederland; and WHEREAS, due to the housing storage in the area, the City of Nederland deems it appropriate to approve this request to amend the Apportionment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That the Mayor is herein authorized to execute the attached amendment to the ' 1965 apportionment agreement with the City of Beaumont and with the City of Port Arthur as to reapportion the extraterritorial jurisdiction. Section 2. That Triangle Acquisitions, Inc., will sign this Resolution agreeing to the terms hereof, which includes the consent to be annexed by the City of Nederland as to the approximate 91.9 acre tract, as well as the construction time table. Section 3. That the attached Amendment to The Apportionment Agreement will take effect when adopted and signed by the City of Beaumont, City of Port Arthur, and the City of Nederland. PASSED AND APPROVED this the c)V day of C AC.ttJ 2006. R. A. NdgentjAayor City of Nederland, Texas ATTEST LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Richard D. Hughes, ty Attorney City of Nederland, Texas AGREED TO: TRIWNGLE ACQUISITIONS, INC. DESCRIPTION OF PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION COMMENCING at the most Northerly corner of Lot 4, Block 4 of SMITH, HODGSON & BIGELOW TRUCK FARM SUBDIVISION, as the same appears upon the map or plat thereof, on file and of record in Vol. 4, Pg. 73 Map Records of Jefferson County, Texas; THENCE North 41 deg. 13 min. East 20 feet to a point in the center of Smith Road (sometimes referred to as Holmes Road) and being the POINT OF BEGINNING of the herein described tract of land; THENCE in a Southeasterly direction with the center of Smith Road (40' R.O.W.) and the common range line between Ranges "J" and "K" of the Port Arthur Land Company, Jefferson County, Texas, a distance of 1,825 feet to a point; THENCE in_ a Southwesterly direction perpendicular to Smith Road a distance of 340 feet to a point; THENCE in a Southeasterly direction parallel with Smith Road a distance of 777 feet to a point in the Northwesterly right -of -way line of Beauxart Gardens Road, also being the common corner of Lots 1 and 2 in Block 3 of said Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE in a Southwesterly direction with the Northwesterly right -of -way line of Beauxart Gardens Road a distance of 371 feet to a point; THENCE in a Northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE in a Southwesterly direction parallel with Beauxart Gardens Road a distance of 177.16 feet to a point; THENCE North 49 deg. 05 min. 05 sec. West a distance 327.72 feet to a point in the East boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE North 02 deg. 31 min. 29 sec. East 9.03 feet to the Northeast comer of said Beauxart Gardens Subdivision; THENCE North 88 deg. 55 min. 49 sec. West with the North line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; 1 1 PA ETJ pg. 2 THENCE North 48 deg, 47 min. 00 sec. West 46.53 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the North line of a Jefferson County Drainage District No. Seven tract of land a distance of 1,372.40 feet to a point; THENCE North 77 deg. 24 min. 00 sec. West with the Drainage District No. Seven boundary a distance of 100.00 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the Drainage District No. Seven boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE in a Northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less, to a point; THENCE South 47 deg. 25 min. 11 sec. East a distance of 526.92 feet to a point in the Northwesterly right -of -way line of a 40 foot road which lies between Block 19, Range "K" and Block 20, Range "K" of the lands of the Port Arthur Land Company, Jefferson County, Texas; THENCE North 41 deg. 13 min. 00 sec. East with the Northwest right -of -way line of said 40 foot road, and the extension thereof, a distance of 1,042 feet, more or less, to a intersection with the Northwesterly extension of the centerline of Smith Road; THENCE in a Southeasterly direction with the centerline of Smith Road a distance of 40 feet, more or less, to the POINT OF BEGINNING, enclosing 91.9 acres, more or less. l i (� EXHIBIT "A" TO THE AMENDMENT 1 15 II � • i :,UU 375 250 .125 0 500 1000 -- i FEET \,l RUDnIP C� c j �.. . ON \\\ � ly,6� �-, �- \ - PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION a 0 N Ronc 11.8 Icd SondFr-s 2 Acres c j �.. . ON \\\ � ly,6� �-, �- \ - PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION a 0 N SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 11, 2006 1. MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Councilmember Neal to approve the minutes of the August 28, 2006 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. COMMENTS Mayor Nugent announced that Jimmy McKinney, 1412 Avenue K, had asked to speak to Council regarding taxes, however, he called today to be rescheduled. 4. BIDS /PURCHASES A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to award bids received for repairs to water towers to S & L Painting, Inc., Pearland, TX, in the amount of $35,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. STREET LIGHTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to authorize the installation of a street light at 7934 Viterbo Road and 520 Avenue D. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to reappoint Councilmember Billy Neal, Paul Baker, and Nicholas Phillips to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. i Minutes continued, September 11, 2006 7. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for the month of August. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. OFFICIALS' COMMENTS Cheryl Dowden, Assistant City Manager, reported that the intersection projects at 21St Street and Nederland Avenue; 14th Street and Nederland Avenue; and, 14th Street and Boston Avenue that were submitted to the Texas Department of Transportation were to receive 100% funding, however, TxDOT has indicated that 100% funding is not authorized for these types of projects. It appears that the improvements can be made at a significantly lower cost if the City does not work with TxDOT, therefore, it is economically feasible to utilize the TxDOT program. Mrs. Dowden also reported on the Beauxart Garden Road improvement project. The cost for the improvements, developed approximately four years ago, was $750,000, however, due to increases in construction costs the revised estimate is now $1.8 million. The City retained Schaumburg & Polk, Inc. to provide engineering services associated with this project and the engineering fees have also increased from $139,600 to $246,600. Staff is attempting to determine the reason and justification for this increase and pending this determination Mr. Wimer has instructed Schaumburg & Polk, Inc. to stop any work associated with this project. She also reminded Council that it has been anticipated for the last three (3) years that new storm water regulations would be implemented by the State. It now appears that the Texas Commission on Environmental Quality (TCEQ) is prepared to approve the guidelines in October. Once this occurs, it is believed that the City will be afforded six (6) months in which to submit a storm water monitoring and enforcement program to the TCEQ. The City is a member of coalition consisting of Nederland, Port Neches, Groves, Jefferson County, and Drainage District No. 7 and a significant amount of the background work necessary for development of the program has been completed. It is anticipated that the program will cost the City $50,000 - $75,000 per year. She added that Mr. Wimer will advise the City Council as action is taken by the TCEQ. Finally, it appears that a tentative agreement has been negotiated between the City and the Police Officers Association. I I Minutes continued, September 11, 2006 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Sheffield to adjourn the meeting at 3:15 p.m. i MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Nugenq Mayor City of Nederland, Texas ATTEST: ���a"'trio, cad LaDonna Floyd, City Clerk City of Nederland, Texas 11 C CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I Billy Neal Council Member — Ward II ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member — Ward 1V V Andre Wimer City Manager i✓ LaDonna Floyd_ City Clerk ✓/ Corrie Zepeda Acting City Clerk ✓ Richard Hughes City AttorneyI/ Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance i✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent, M r 1 LaDonna Floyd, City Clete Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. September 25, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Mayor Pro Tern Griffin to approve the minutes of the special meeting of September 11, 2006 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve a Collective Bargaining Agreement with the Nederland Police Officers Association. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve an amended contract with Schaumburg & Polk, Inc. for the Beauxart Gardens Road project that will increase the contract amount from $139,600 to $308,000. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to reject agreements with Texas Department of Transportation for intersection projects at 14`h Street and Boston Avenue; 14th Street and Nederland Avenue; and, 215` Street and Nederland Avenue, and to authorize the City Manager to pursue funding from TxDOT as initially outlined in the project application process. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. CHANGE ORDER A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Change Order No. 1 with N & T Construction Co., Inc., renovations to the Fire Station in the amount of +$11,321. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, September 25, 2006 S. BUDGET A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve Ordinance No. 2006 -11, amending the FY 2005 -2006 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Neal to approve Ordinance No. 2006 -12, declaring certain utility accounts as uncollectable. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve payments to N & T Construction Co., Inc. as follows: $608.40, Hurricane Rita renovations to the Nederland Recreation Center and Hughes Library; and, $22,258.15, Hurricane Rita renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to approve payment to Carroll & Blackman, Inc. in the amount of $2,113.00, 12`h Street sanitary sewer relocation and Avenue H sanitary sewer replacement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the City received a letter from the Texas Commission on Environmental Quality announcing that the Water Treatment Plant Operators were being recognized for their effort, dedication and contribution in protecting the public health of Texas citizens. Councilmember Sheffield, on the first anniversary of Hurricane Rita, wanted to thank the staff for their dedication and fast response during the aftermath of the storm. 1 8 Minutes continued, September 25, 2006 9. AD30URN There being no further business a motion was made by Mayor Nugent and seconded ' by Councilmember Neal to adjourn the meeting at 6:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: �°Q d/ LaDonna Floyd, City Clerk City of Nederland, Texas U -) 4 ,..i� R LhC`��` "````c a --A� �'� R. A. Nugen Mayor City of Nederland, Texas 1 1 7 L CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member Billy Neal Council Member V Debby Griffin Council Member Bert Rogers Council Member Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager ✓ R. A. Nugent, 1ayor \ 04c, /ti, LaDonna Floyd, City Clerk - as-©Cp Date ORDINANCE NO. 2006-11 AN ORDINANCE AMENDING THE 2005 -06 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. ' WHEREAS, the City Council previously approved Ordinance No. 2005 -10 which adopted the 2005 -06 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 2005 -06 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2005, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2005 and ending September 30, 2006, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council; and, WHEREAS, it has been determined that such funds are available and can be used for the expenditures as are set out in Attachment "A" attached hereto; and, WHEREAS, the City Council finds that the budget for 2005 -06 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 2005 -10 adopting the budget for 2005 -06; and, WHEREAS, the City Council finds that the budget for 2005 -06 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 the 2005 -06 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 25h DAY OF SEPTEMBER, A.D., 2006. R. A. Nugent, flayor City of Nederland, Texas ATTEST: ' " a LaDonna Floyd, City C erk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas BUDGET ORDINANCE AMENDMENT - ATTACHMENT A 181. GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30, 2005 in the amount of $1,081,700. Increase the following Expenditure Line Items: O1 -15 -00 -6393 Contractual Services $ 3,300 Unanticipated cost increase by Jefferson County Appraisal District. O1 -19 -00 -6220 Miscellaneous Supplies $ 2,000 O1 -19 -00 -6331 Telephone 1,200 01 -19 -00 -6341 General Insurance 3,000 01 -19 -00 -6350 Bldg/Structure Improvements 2,000 O1 -19 -00 -6351 Fixed Plant & Equipment R &M 3,000 01 -19 -00 -6366 Rental Equipment 13,000 01 -21 -00 -6210 General Office Supplies 2,500 01 -21 -00 -6331 Telephone 800 01 -21 -00 -6333 Training & Travel 5,000 O1 -21 -00 -6393 Contractual Services 6,000 01 -21 -01 -6115 Extra Help 9,000 O1 -21 -02 -6265 Supplies/Minor Tools & Equip 4,000 01 -22 -00 -6331 Telephone 800 01 -22 -00 -6350 Bldg/Structure Improvements 4,100 01 -22 -00 -6351 Fixed Plant & Equipment R &M 2,500 01 -22 -00 -6355 Vehicle & Equipment R &M 14,000 O1 -22 -00 -6366 Rental Equipment 12,000 01 -22 -00 -6393 Contractual Services 112,000 O1 -24 -00 -6393 Contractual Services 67,200 01 -30 -00 -6351 Fixed Plant & Equipment R &M 1,500 01 -30 -00 -6393 Contractual Services 01 -32 -00 -6351 Fixed Plant & Equipment R &M 4,500 5,000 ' O1 -51 -00 -6351 Fixed Plant & Equipment R &M 16,500 01 -51 -00 -6393 Contractual Services 400,000 01 -55 -00 -6393 Contractual Services 35,000 01- 900 -00 -6315 Computer System 6,500 01- 900 -00 -6406 Contingency 275,000 TOTAL $1,008,100 Cost incurred due to Hurricane Rita disaster expected to be reimbursed by insurance or by Federal Emergency Management Administration. 01 -21 -00 -6222 Motor Vehicle Fuel $ 13,000 O1 -21 -01 -6222 Motor Vehicle Fuel 1,700 01 -21 -00 -6348 Electricity 1,000 01 -22 -00 -6348 Electricity 3,500 01 -90 -00 -6365 Street Lights 10,000 TOTAL $ 29,200 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. 01 -21 -00 -6231 Wearing Apparel $ 7,700 Unanticipated cost due to hiring of three new officers. 01 -21 -00 -6384 Prisoner Cost $ 10,000 Higher than anticipated cost for housing prisoners at county facility. 01 -24 -00 -6270 Equipment M &R $ 4,000 Higher than anticipated cost for budgeted telephone system upgrade and vehicle repairs. 01 -24 -00 -6393 Contractual Services $ 19,400 ' Contract inspectors hired due to illness of City inspector. TOTAL $1,081,700 182 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A (continued) WATER & SEWER FUND Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30, 2005 in the amount of $95,400. Increase line items as detailed below: 50 -50 -00 -6222 Motor Vehicle Fuel $ 2,500 50 -60 -00 -6348 Electricity 3,700 TOTAL $ 6,200 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. 50 -60 -00 -6256 Chemicals & Insecticides $ 45,000 Higher than expected chemical costs was needed to treat raw water due to poor water quality. 50 -62 -00 -6351 Fixed Plant & Equipment R &M $ 19,000 Cost incurred due to Hurricane Rita disaster expected to be reimbursed by insurance or by Federal Emergency Management Administration. 50 -62 -00 -6740 Plant Equipment $ 25,200 Cost incurred to replace UV troughs. TOTAL $ 95,400 SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at September 30, 2005 in the amount of $25,000. Increase line items as detailed below: 52 -33 -00 -6222 Motor Vehicle Fuel $ 10,000 Unanticipated cost in fuel prices resulted in additional funds required for energy related items. 50 -90 -00 -6406 Contingency $ 15,000 Cost incurred due to Hurricane Rita disaster expected to be reimbursed by insurance or by Federal Emergency Management Administration. TOTAL $ 25,000 POLICE NARCOTICS FUND Amend Police Narcotics Fund by appropriating unencumbered funds remaining at September 30, 2005 in the amount of $8,000. Increase line item as detailed below: 20 -21 -00 -6274 Safety Equipment $ 8,000 Purchase of tasers for police department. TOTAL $ 8,000 MCML DISPATCH FUND Amend MCML Dispatch Fund by appropriating unencumbered funds remaining at September 30, 2005 in the amount of $8,000. Increase line item as detailed below: 70 -21 -00 -6355 Vehicle & Equipment R&M $ 8,000 Unanticipated cost incurred to install radio control station filter due to severe interference with cell tower. TOTAL $ 8,000 3 1 1 1 1 BUDGET ORDINANCE AMENDMENT — ATTACHMENT B GENERAL FUND Amend as follows: a. Increase 01 -00 -00 -4360 Federal Emergency Management Funds $ 516,948 Increase the following Expenditure Line Items: Overtime with Benefits 01 -13 -00 -6111 Overtime $ 4,946 O1 -13 -00 -6124 TMRS 845 01 -13 -00 -6126 Social Security 378 01 -15 -00 -6111 Overtime 1,443 O1 -15 -00 -6124 TMRS 247 01 -15 -00 -6126 Social Security 110 O1 -16 -00 -6111 Overtime 2,052 O1 -16 -00 -6124 TMRS 350 O1 -16 -00 -6126 Social Security 157 01 -21 -00 -6111 Overtime 23,214 01 -21 -00 -6124 TMRS 3,965 01 -21 -00 -6126 Social Security 1,776 O1 -22 -00 -6111 Overtime 19,084 01 -22 -00 -6124 TMRS 3,260 01 -22 -00 -6126 Social Security 1,460 O1 -24-00 -6111 Overtime 1,234 O1 -24 -00 -6124 TMRS 211 01 -24 -00 -6126 Social Security 94 01 -30 -00 -6111 Overtime 1,719 O1 -30 -00 -6124 TMRS 294 01 -30 -00 -6126 Social Security 132 01 -31 -00 -6111 Overtime 8,140 O1 -31 -00 -6124 TMRS 1,390 01 -31 -00 -6126 Social Security 623 01 -32 -00 -6111 Overtime 1,105 01 -32 -00 -6124 TMRS 189 O1 -32 -00 -6126 Social Security 85 01 -51 -00 -6111 Overtime 497 O1 -51 -00 -6124 TMRS 85 O1 -51 -00 -6126 Social Security 38 O1 -55 -00 -6111 Overtime 1,899 01 -55 -00 -6124 TMRS 324 01 -55 -00 -6126 Social Security 145 TOTAL $ 81,491 Materials 01 -16 -00 -6220 Miscellaneous Supplies $ 66 01 -19 -00 -6220 Miscellaneous Supplies 1,874 01 -21 -00 -6210 General Office Supplies 43 O1 -21 -00 -6220 Miscellaneous Supplies 217 O1 -21 -02 -6265 Supplies/Minor Tools & Equip 4,800 01 -31 -00 -6240 Signs & Markers 6,387 O1 -31 -00 -6265 Supplies/Minor Tools & Equip 423 O1 -31 -00 -6355 Vehicle & Equipment R &M 146 01 -51 -00 -6265 Supplies/Minor Tools & Equip 1,047 01 -90 -00 -6406 Contingency 448 TOTAL $ 15,451 BUDGET ORDINANCE AMENDMENT — ATTACHMENT B (continued) GENERAL FUND Rental O1 -19 -00 -6366 Rental Equipment $ 801 01 -30 -00 -6393 Contractual Services 193 O1 -31 -00 -6366 Rental Equipment 26,113 TOTAL $ 27,107 Contractual O1 -16 -00 -6314 Medical Svcs & Pre - Employment $ 919 O1 -19 -00 -6220 Miscellaneous Supplies 33,409 01 -19 -00 -6331 Telephone 440 01 -19 -00 -6350 Bldg/Structure Improvements 795 O1 -19 -00 -6351 Fixed Plant & Equipment R &M 9,246 O1 -19 -00 -6366 Rental Equipment 330 O1 -21 -00 -6265 Supplies/Minor Tools & Equip 80 O1 -21 -00 -6355 Vehicle & Equipment R &M 6,345 01 -22 -00 -6393 Contractual Services 576 01 -30 -00 -6393 Contractual Services 6,348 01 -31 -00 -6354 Traffic Lights 1,500 O1 -31 -00 -6355 Vehicle & Equipment R &M 4,274 O1 -51 -00 -6393 Contractual Services 146,286 01 -55 -00 -6393 Contractual Services 2,603 01 -90 -00 -6371 Senior Citizen Center 255 01 -90 -00 -6406 Contingency 150 TOTAL $ 213,556 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Emergency Restoration Measures 10/1 -10/27 - Hurricane Rita. 01 -30 -00 -6393 Contractual Services $ 12,085 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Public Works Office Building. 01 -31 -00 -6240 Signs & Markers $ 9,495 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for City Street Markers - 149 Locations. 01 -31 -00 -6354 Traffic Lights $ 12,523 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Traffic Signals. 01 -51 -00 -6256 Chemicals & Insecticides $ 9,080 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Swimming Pools. 01 -51 -00 -6393 Contractual Services $ 1,808 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Doombos Park (sundeck, shelter, gazebo, fence light). 01 -51 -00 -6393 Contractual Services $ 15,158 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Lights at Tennis Court. O1 -51 -00 -6393 Contractual Services $ 6,665 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Recreation Building. BUDGET ORDINANCE AMENDMENT — ATTACHMENT B (continued) GENERALFUND 01 -51 -00 -6393 Contractual Services $ 5,700 ' Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Rienstra Park. 01 -51 -00 -6393 Contractual Services $ 1,367 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Sports Complex @ Doombos. 01 -51 -00 -6393 Contractual Services $ 16,444 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Tennis Courts Fence, Lights & Restroom. 01 -51 -00 -6393 Contractual Services $ 4,821 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Tennis Courts Fence, Lights & Restroom. 01 -51 -00 -6393 Contractual Services $ 23,879 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Tex Ritter Park. 01 -55 -00 -6393 Contractual Services $ 14,865 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Library. 01 -90 -00 -6406 Contingency $ 45,453 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for 130 -foot Antenna Mast. TOTAL $ 516,948 b. Increase 01 -00 -00 -4700 Miscellaneous Revenue $ 8,937 01 -21 -00 -6355 Vehicle Equipment R&M $ 8,937 Funds received from TML to repair damage to Police Vehicles. c. Increase 01 -00 -00 -4700 Miscellaneous Revenue $ 1,971 01 -21 -01 -6355 Vehicle Equipment R &M $ 1,971 Funds received from TML to repair damage to prisoner transport van. d. Increase 01 -00 -00 -4700 Miscellaneous Revenue $ 4,270 01 -22 -01 -6265 Supplies/Minor Tools & Equip $ 4,270 Funds received from Sunoco and Wal -Mart Foundation for rescue equipment and training. e. Increase 01 -00 -4350 Federal Grant Revenue $ 37,020 01 -22 -00 -6744 Miscellaneous Equipment $ 37,020 Funds authorized for radio purchases from Homeland Security SHSP 05 grant. f. Increase 01 -00 -00 -4700 Miscellaneous Revenue $ 2,000 01 -31 -01 -6355 Vehicle Equipment R &M $ 29000 Funds received from TML to repair damage to Street Department Vehicle WATER & SEWER FUND Amend as follows: a. Increase 50 -00 -00 -4360 Federal Emergency Management Funds $ 49,157 Increase the following Expense Line Items: Overtime with Benefits ' 50 -60 -00 -6111 Overtime $ 19,021 50 -60 -00 -6124 TMRS 3,249 6 n BUDGET ORDINANCE AMENDMENT — ATTACHMENT B (continued) WATER & SEWER FUND Overtime with Benefits 50 -60 -00 -6126 Social Security 1,455 50 -61 -00 -6111 Overtime 2,067 50 -61 -00 -6124 TMRS 353 50 -61 -00 -6126 Social Security 158 50 -63 -00 -6111 Overtime 4,706 50 -63 -00 -6124 TMRS 804 50 -63 -00 -6126 Social Security 360 TOTAL $ 32,173 Materials 52 -33 -00 -6265 Supplies/Minor Tools & Equip 50 -62 -00 -6265 Supplies/Minor Tools & Equip $ 327 50 -63 -00 -6247 Water & Sewer Mains 370 50 -63 -00 -6265 Supplies/Minor Tools & Equip 97 TOTAL $ 794 Rental 50 -62 -00 -6393 Contractual Services $ 576 Contractual 19,994 50 -62 -00 -6351 Fixed Plant & Equipment R &M $ 65 50 -62 -00 -6393 Contractual Services 350 TOTAL $ 415 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Emergency Restoration Measures 10/1 -10/27 - Hurricane Rita. 50 -60 -00 -6351 Fixed Plant & Equipment R &M $ 15,199 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Water Storage Tanks. TOTAL $ 49,157 b. Increase 50 -60 -00 -4890 Miscellaneous Revenue $ 17,500 50 -62 -00 -6740 Plant Equipment $ 17,500 Funds received from TML, Crawford & Co Ins., and TNT Wrecker Service to repair damage to trash trucks. SOLID WASTE FUND Amend as follows: a. Increase 52 -00 -00 -4360 Federal Emergency Management Funds $ 49,841 Increase the following Expense Line Items: Overtime with Benefits 52 -33 -00 -6111 Overtime $ 5,805 52 -33 -00 -6124 TMRS 992 52 -33 -00 -6126 Social Security 444 TOTAL $ 7,241 Materials 52 -33 -00 -6265 Supplies/Minor Tools & Equip $ 106 Rental 52 -90 -00 -6406 Contingency $ 4,217 Contractual 52 -33 -00 -6390 Waste Disposal $ 19,994 52 -33 -00 -6397 Green Waste Disposal 6,380 TOTAL $ 26,374 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Emergency Restoration Measures 10 /1 -10/27 - Hurricane Rita. 52 -33 -00 -6355 Vehicle & Equipment R &M $ 1,037 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Landfill Camera. 7 L BUDGET ORDINANCE AMENDMENT — ATTACHMENT B (continued) SOLID WASTE FUND ' 52 -90 -00 -6406 Contingency $ 10,866 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for City Storm System TOTAL $ 49,841 b. Increase 52 -00 -00 -4350 Federal Grant Funds- USDA/NRCS $83,682 Increase the following Expense Line Items: 52 -33 -00 -6110 Salaries & Wages $ 20,386 52 -33 -00 -6355 Vehicle Equipment R &M $ 39,956 52 -33 -00 -6390 Waste Disposal $ 23,340 TOTAL $ 83,682 Funds received from USDA/NRCS Grant for Public Assistance associated with debris removal resulting from Hurricane Rita disaster. i 8 c. Increase 52 -00 -00 -4890 Miscellaneous Revenue $ 44,430 52 -33 -00 -6258 Motor Vehicle Supplies $ 44,430 Funds received from TML, Crawford & Co Ins., and TNT Wrecker Service to repair damage to trash trucks. MCML DISPATCH FUND Amend as follows: a. Increase 70 -00 -00 -4360 Federal Emergency Management Funds $ 6,089 Increase the following Expense Line Items: Overtime with Benefits 70 -21 -00 -6111 Overtime 70 -21 -00 -6124 TMRS $ 4,882 834 ' 70 -21 -00 -6126 Social Security 373 TOTAL $ 6,089 Funds received from the Federal Emergency Management Administration for Public Assistance associated with disaster relief for Emergency Restoration Measures 10/1 -10/27 - Hurricane Rita. b. Increase 70 -00 -00 -4390 Grants - SETRPC $ 20,685 70 -21 -00 -6747 Radio Equipment $ 20,685 Funds authorized by grant through SETRPC for replacement of recorder. i 8 ORDINANCE NO. 2006-12 ' AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $17,196.32 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED SEPTEMBER 30, 2006 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing and Collections Department are hereby corrected to reflect the following charge -offs for fiscal year 2005 -06 in the amount of $17,196.32 as set forth in Attachment "A." Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -32 of the Code of Ordinances concerning the accounts hereby affected. I 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 25th day of September, A.D., 2006. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci# Attorney City of Nederland, Texas TAT. Nuge Mayo City of Nederland, Texas 1 1 ^9 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2005 -2006 ' Account Number Amount 01- 0230 -02 $ 23.46 02- 0010 -11 122.10 02- 0430 -07 33.42 02- 0760 -03 14.18 02- 0910 -05 140.16 02- 1060 -11 5.26 02- 1670 -02 76.48 02- 1952 -01 22.67 02- 2100 -04 25.00 02- 2100 -06 70.69 02- 2150 -10 57.69 02- 2220 -03 171.74 02- 2290 -03 11.20 03- 0240 -01 229.03 03- 0300 -00 127.10 03- 0970 -09 100.32 03- 0970 -11 53.16 03- 0990 -07 44.87 04- 0350 -04 17.01 04- 0580 -02 13.29 04- 1560 -03 53.32 04- 1630 -12 88.46 04- 1630 -13 48.23 04- 1630 -15 135.94 04- 1850 -05 195.11 04- 4020 -02 86.69 05- 0130 -01 143.43 05- 0160 -02 29.87 05- 0410 -02 38.22 05- 0620 -01 70.23 05- 0740 -03 40.56 05- 0790 -06 23.00 05- 1000 -00 134.73 05- 1510 -04 188.45 05- 1510 -05 163.48 05- 3312 -01 120.86 05- 3312 -02 66.22 05- 3370 -05 24.06 05- 3450 -03 75.33 05- 3590 -04 14.40 05- 3720 -08 97.08 05- 3840 -00 24.89 05- 4120 -02 109.04 05- 4130 -04 61.06 05- 4190 -01 173.59 05- 4292 -02 219.00 06- 0490 -07 16.17 06- 0670 -03 225.05 06- 0810 -02 81.31 06- 0920 -09 180.86 06- 1250 -08 72.04 06- 1270 -07 2187 06- 2923 -05 60.26 ' 07- 1250 -05 59.76 07- 1950 -04 127.63 07- 2060 -01 322.47 08- 1180 -13 106.40 i{il1 08- 1320 -00 $ 42.06 09- 0180 -03 46.58 09- 0560 -03 234.49 09- 0790 -05 39.35 09- 1110 -01 36.23 09- 1400 -02 87.79 09- 1700 -02 407.10 09- 2790 -00 3.36 10- 0120 -08 97.69 10- 0550 -03 157.40 10- 0600 -08 41.69 10- 0820 -04 23.29 10- 1040 -08 77.65 10- 1040 -09 175.35 10- 1670 -05 165.91 10- 1870 -02 112.77 10- 2460 -01 745.01 11- 1100 -06 47.20 11- 1760 -08 68.93 11- 1790 -01 58.49 11- 2170 -07 2.14 11- 3170 -07 55.27 11- 3209 -01 41.90 11- 3212 -09 83.38 11- 3245 -05 60.04 11- 3245 -06 89.50 12- 0410 -13 58.03 12- 0450 -03 170.19 12- 0470 -09 30.14 12- 1080 -02 16.69 12- 1150 -01 150.90 12- 1270 -04 235.25 12- 1270 -05 61.91 12- 1330 -06 113.75 12- 1520 -12 34.07 12- 1520 -14 6.45 12- 1712 -00 50.40 13- 0290 -10 86.93 13- 0500 -04 41.65 13- 0500 -07 82.43 13- 0660 -14 8.58 13- 0950 -09 11.77 13- 0950 -10 8.83 13- 0950 -11 43.85 13- 1420 -05 144.60 13- 1560 -00 33.77 13- 1680 -00 579.29 13- 1810 -01 37.20 13- 1810 -04 24.44 13- 2069 -03 105.85 13- 2070 -12 56.95 14- 0690 -03 125.01 14 -0960 -00 173.37 14- 1330 -00 227.44 14- 1360 -04 71.80 14- 2080 -02 57.65 15- 0050 -02 192.24 15- 1590 -03 47.04 15- 1620 -06 167.10 15- 2510 -09 32.19 15- 2680 -06 50.04 1 1 1 1 1 15- 2800 -10 $ 45.37 15- 2810 -00 102.64 15- 2905 -08 107.63 15- 2905 -09 43.32 16- 0850 -07 26.79 16- 1369 -10 53.00 16- 1490 -04 4.03 16- 1500 -14 75.70 16- 1720 -01 113.56 16- 1835 -02 1,742.24 16- 1900 -10 28.07 16- 2200 -00 113.29 16- 2680 -05 62.87 17- 0260 -03 20.16 17- 0710 -04 20.58 17- 0841 -04 94.46 17- 0860 -06 10.45 17- 1010 -08 111.49 17- 1020 -12 298.89 17- 1230 -03 8.37 17- 1230 -04 433.00 17- 1650 -08 81.30 17- 1875 -04 118.79 17- 2000 -01 18.65 18- 0630 -02 59.62 18- 1440 -00 82.94 18- 1890 -09 5.67 18- 1890 -10 40.83 18- 2230 -09 80.04 19- 0466 -01 1.11 19- 0590 -04 83.59 19- 1010 -11 79.60 20- 0300 -05 4.95 20- 0300 -07 26.16 20- 0330 -08 28.26 20- 0510 -05 82.54 20- 0830 -05 7.93 20- 0950 -06 138.20 20- 1110 -03 38.55 20- 1610 -10 82.33 20- 1660 -08 55.12 20- 1780 -06 36.42 20- 1870 -01 47.43 21- 1740 -04 61.33 21- 1740 -05 70.14 21- 2730 -09 42.28 22- 0380 -02 34.54 22- 2640 -03 332.44 22- 2850 -13 87.45 23- 1540 -02 56.67 23- 1833 -04 123.46 24- 0070 -01 184.20 24- 0779 -00 89.60 TOTAL $17,196.32 ic,1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. October 9, 2006 MEETING The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Councilmember Rogers to approve the minutes of the September 25, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. STREET CLOSURE A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Griffin to authorize the closure of the 1100 and 1200 blocks of Boston Avenue on October 31, 2006, from 5:30 p.m. to 8:00 p.m. for Boston Avenue Merchants' Association Halloween activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. ANNEXATION A motion was made by Councilmember Rogers and seconded by Councilmember Neal to grant approval of a petition submitted by Triangle Acquisitions, Inc. requesting that a 91.9 acre tract be annexed by the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve Ordinance No. 2006 -13, annexing a portion of the City's extraterritorial jurisdiction and adopting a Service Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve an Amendment to Ordinance No. 154, amending the ward boundary lines. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 1 Minutes continued, October 9, 2006 S. GRANTS A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve the acceptance of a 2006 Homeland Security Grant and authorize the Mayor to act on behalf of the City in matters pertaining to the grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. BIDS /PROPOSALS A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to award bids received for water and sewer inventory to Golden Triangle Pipe, Beaumont, TX, in the amount of $132,195.70. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve an agreement with Schaumburg & Polk, Inc. for services associated with the submission of the City's wastewater discharge permit renewal documentation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve an agreement with Stanley 13. Newsome, 3r., P.E. for surveying services associated with a sewer line that extends from the Entergy right -of -way from 22nd Street between Helena Avenue and Canal Avenue in an amount not to exceed $6,068.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. PAYMENTS A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to The LaBiche Architectural Group, Inc. in the amount of $843.52, Hurricane Rita restoration of City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve a payment to Schaumburg & Polk, Inc. in the amount of $2,243.69, Beauxart Gardens Road improvement projects. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. i 4 Minutes continued, October 9, 2006 A motion was made by Councilmember Sheffield and seconded by Mayor Nugent to approve payments to Don S. Reichle & Associates, Inc. as follows: $200.00, Inspections /Storm Survey Reports on Hardy Avenue, Canal Avenue, and South 5`r' Street water tanks; and, $5,575.00, storm damage repair to South 5`h Street and Canal Avenue water tanks and repair and painting of Hardy Avenue Avenue water tank. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve payment of the bills for the month of September. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. COMMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to postpone receiving comments from Jimmy McKinney, 1412 Avenue E, regarding taxes. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 3:30 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; consider potential litigation against Galveston Wireless, L.LC.; and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 4:08 p.m. by Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to authorize the City's legal counsel for the City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc. to proceed with the best action they deem necessary and to pursue the independent action rather than class action if they feel that would be more appropriate for the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, October 9, 2006 12. PUBLIC OFFICIALS' COMMENTS 13. ADJOURN There being no further business a motion was made by Councilmember Sheffield and seconded by Mayor Nugent to adjourn the meeting at 4:25 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: C R. A. Nugent, M yor City of Nederla d, Texas 4, C,,O , ��, "/ LaDonna Floyd, City Clerk City of Nederland, Texas At Andre' Wimer, City Manager, reported that 6 out of the 14 demolition orders have either completed or initiated the order. He added that he is awaiting a response from TxDOT regarding his recent correspondence to them asking for justification regarding their decision to not fully fund intersection projects. Mr. Wimer also reported that the cities of Nederland, Port Neches, and Groves submitted a grant application to the Port Security Grant program in the amount to $7,188,544; (Port Arthur was also included in order to facilitate the regional objective for emergency communications). Although the cities requested 100% funding, only 75% was approved which totals $5,391,408. Consequently, the cities will be required to fund a 25% match which equates to $1,797,136. Based upon preliminary projections, the amount for Nederland would be $338,008. Although efforts are being made through Texas' Congressional delegation to allow for 100% funding, it appears that there have been no other projects funded at this level. Consequently, the City should plan for paying the 25% amount. He has asked Chief Collins for additional costs, such as maintenance, etc. This information should be available at the Mid - County Municipal League Meeting to be held on November 7`h. Mr. Wimer also informed Council that recently the City has received requests from property owners for water service on a short term basis in order to receive garbage and trash service at a minimum monthly bill that could ultimately end up costing the City hundreds of dollars to dispose of. A recommendation will be made to the Council on how to make sure that all customers are treated the same. 13. ADJOURN There being no further business a motion was made by Councilmember Sheffield and seconded by Mayor Nugent to adjourn the meeting at 4:25 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: C R. A. Nugent, M yor City of Nederla d, Texas 4, C,,O , ��, "/ LaDonna Floyd, City Clerk City of Nederland, Texas At CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor i,-' Tim Sheffield Council Member LI/ Billy Neal Council Member Debby Griffin Council Member Bert Rogers Council Member ✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda cting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief V Gary Collins Fire Chief i/ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works t/ Rod Hatch Building Official ✓ Victoria Klehn Librarian L✓ Kelly Galloway Assistant to the City Manager axi R. A. Nugent, ) or 41�22K. zip LaDonna Floyd, City Cler " l 0 "q, Date �1 u WHEREAS, the City is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.028 and its home rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and conforms to the requirements of V.T.C.A. Local Government Code, Section 43.028(a); WHEREAS, the Petition for Voluntary Annexation submitted by the property owner is attached as Exhibit A to this ordinance; WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit B to this ordinance; and WHEREAS, after hearing arguments for and against the annexation of this territory the governing body has voted to annex said territory into the City under the authority of Section 43.028 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ' OF NEDERLAND, TEXAS: Section 1. That the territory hereinafter described in Exhibit A is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the city limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the act and ordinances of said City. Section 2. That the municipal service plan for the herein annexed territory provided for in Exhibit B attached hereto is hereby adopted. Section 3. That the City Clerk is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance. Section 4. This ordinance shall become effective October 9, 2006. PASSED AND APPROVED this the Cf day of (Q , 2006. R. A. Nugent, Mayor ATTEST: ,A Q a " - "J ' LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 7 nj W i ,_ i CITY OF NEDERLAND ORDINANCE NO. 2006-13 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, ' TEXAS, AND EXTENDING THE BOUNDARIES OF SAID HERINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY. WHEREAS, the City is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.028 and its home rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and conforms to the requirements of V.T.C.A. Local Government Code, Section 43.028(a); WHEREAS, the Petition for Voluntary Annexation submitted by the property owner is attached as Exhibit A to this ordinance; WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit B to this ordinance; and WHEREAS, after hearing arguments for and against the annexation of this territory the governing body has voted to annex said territory into the City under the authority of Section 43.028 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ' OF NEDERLAND, TEXAS: Section 1. That the territory hereinafter described in Exhibit A is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the city limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the act and ordinances of said City. Section 2. That the municipal service plan for the herein annexed territory provided for in Exhibit B attached hereto is hereby adopted. Section 3. That the City Clerk is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance. Section 4. This ordinance shall become effective October 9, 2006. PASSED AND APPROVED this the Cf day of (Q , 2006. R. A. Nugent, Mayor ATTEST: ,A Q a " - "J ' LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas 7 nj W i ,_ i CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 154 AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND WHEREAS, the City Council of the City of Nederland is desirous of changing the boundary lines of Ward IV in order to include the area annexed on October 9, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Hence forward that Ward I shall be comprised of the territory within the city limits that is east of the Kansas City Southern right -of -way and that territory west of the Kansas City Southern right -of -way and bounded by the Kansas City Southern right -of -way and the centerline of Avenue "H ", Nederland Avenue, and the Entergy /GSU right -of -way; SECTION 2: Hence forward that Ward II shall be comprised of all territory beginning at a point on Nederland Avenue on the east side of Kansas City Southern right -of -way; THENCE, southwesterly along the centerline of Nederland Avenue to the centerline of 27`" Street; THENCE, northwesterly along the centerline of 27'h Street to the northwest right -of -way of Canal Avenue; THENCE, southwesterly along said northwesterly right -of -way line of Canal Avenue to a point for corner in the northeasterly right -of -way line of U.S. Hwy. 69, 96, & 287; THENCE, northerly along said northeasterly right -of -way line of U.S. Hwy. ' 69, 96, & 287 to the southwesterly right -of -way line of the LNVA Canal; THENCE, northwesterly, along said southeasterly right -of -way line of the LNVA Canal, and on a northeasterly projection of said southeasterly right -of -way crossing a southeasterly fork of the LNVA Canal to the northeasterly right -of -way of said fork, being also the most southwesterly property line of the Nederland Independent School District High School property, a point for corner; THENCE, northerly along and with the Nederland Independent School District High School property and the easterly side of the LNVA Canal to a 1/2" diameter steel rod location approximately 15 feet from the said LNVA Canal easterly right -of -way line, a point for corner in the Nederland Independent School District High School property and a point for corner in herein described tract or parcel of land; THENCE, north 48 146' west along and with the southwesterly property line of the Nederland Independent School District High School property, crossing the LNVA Canal and continuing to an intersection with the southeasterly right -of -way of Spurlock Road, a total distance of 1,300 feet more or less and a point for corner; THENCE, northeasterly along and with the southeasterly right -of -way line of Spurlock Road, crossing 18`" Street, to the northeasterly right -of -way line of 18`" Street, a distance of 1,534 feet more or less a point for corner; THENCE, southeasterly along and with the northeasterly right -of -way line of 18`" Street to the northwesterly corner of the Moore and Richardson 3.617 acre tract or parcel of land, said corner marked with a 1/2 " diameter reinforced rod in the said northeasterly right -of -way line of 18t' Street, a point for corner; THENCE, north 41 113' east along and with the northwesterly property line of the Moore and Richardson tract, to the northeasterly corner of said Moore and Richardson tract, same being the northwesterly corner of the YMCA tract, continuing along and with the northwesterly property line of the YMCA tract to the northeasterly corner of said YMCA tract said corner being located in the southwesterly right -of -way line of Gulf States Utilities right -of -way, a point for corner. ;. THENCE, southeasterly along and with the southwesterly right -of -way line of Gulf States Utilities right -of -way, crossing the LNVA Canal and Canal Avenue to the southeasterly right -of -way line of said Canal Avenue; THENCE, northeasterly along the southern line of Canal Avenue to a point situated on the most southerly boundary line of Canal Avenue at a common line of Lot 7, Block 17, Range G, Port Arthur Land Company Survey and Lot 6, Block 17, Range G, Port Arthur Land Company Survey, Jefferson County, Texas; THENCE, north 48 147' west a distance of 1,360 feet more or less to the northwest corner of Lot 2, Block 18, Range G of the Port Arthur Land Company Survey, Jefferson County, Texas, a point for corner; THENCE, north 41 113' east along the common line of Lot 2, Lot 7, Lot 8, Lot 1, Block 18, Range G a distance of 1,320 feet to the northeast corner of Lot 1, Block 18, Range G, also being the southeast corner of Lot 8, Block 18, Range G of the Port Arthur Land Company Survey, Jefferson County, Texas, a point for corner; THENCE, south 48 147' east along the common line of Lot 1, Block 18, Range G and Lot 4, Block 18, Range F, Port Arthur Land Company Survey, a distance of 1,360 feet more or less to a point for corner, said point being situated on the most southerly boundary line of Canal Avenue at a common line of Lot 8, Block 17, Range G, and Lot 5, Block 17, Range F, of the Port Arthur Land Company Survey, Jefferson County, Texas; THENCE, northeasterly along the southerly line of Canal Avenue, and its extension, to the east right -of -way of the Kansas City Southern Railroad; THENCE, southeasterly along the east right -of -way of the Kansas City Southern Railroad to the point of beginning; SECTION 3: Hence forward the boundary lines of Ward III shall be comprised of all that territory beginning at a point on Avenue H and east boundary line of Kansas City Southern Railroad; ' THENCE, south along said line of Kansas City Southern Railroad to Highway 365; THENCE, in a southwesterly direction along the north side of Highway 365 to U. S. Hwy. 69, 96, & 287; THENCE, north along U. S. Hwy. 69, 96, & 287 to the centerline of Avenue H; THENCE, easterly along the centerline of Avenue H to the centerline of South 27th Street ; THENCE, north along the centerline of South 27th Street to the centerline of Nederland Avenue; THENCE, east along the centerline of Nederland Avenue to the centerline of Entergy /GSU right -of -way; THENCE, south along the Entergy /GSU right -of -way to the centerline of Avenue H; THENCE, east along the centerline of Avenue H to the point of beginning. SECTION 4: HENCE, forward that Ward IV shall be comprised of the territory beginning at the intersection of the centerline of Avenue H with the east right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, north along the east right -of -way line of U.S. Hwy. 69, 96, & 287 to the south right -of -way line of Canal Avenue; ' THENCE, continuing southwesterly, crossing the right -of -way line of U. S. Hwy. 69, 96, & 287 to a point for corner at the intersection of the southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287 and the southeasterly right -of -way line of Viterbo Road; THENCE, continuing southwesterly, along said southeasterly right -of -way line of Viterbo Road to a point for corner in the extension of the southwesterly line of Lot 1, Block 2, J. D. Ford Subdivision; 4 - THENCE, northwesterly along said extension of Lot 1 to a point in the northwesterly right -of -way line of Viterbo Road, said point also being the most southerly corner of Lot 1, Block 2, J. D. Ford Subdivision; 3 THENCE, continuing northwesterly along the southwesterly line of said Lot 1, Block 2, J. D. Ford Subdivision to a point in the west line of said J. D. Ford Subdivision; THENCE, northerly along the westerly line of said J. D. Ford Subdivision to a point for the northwest corner of Lot 11, Block 2, J. D. Ford Subdivision; THENCE, northeasterly and along the northerly line of Lots 11, 12 and 13 of Block 2, J. D. Ford Subdivision to the northeast corner of Lot 13, Block 2, J. D. Ford Subdivision said corner being in the southwesterly right -of -way line of Holmes Road; THENCE, northwesterly along the southwesterly line of said Holmes Road and to a point 1,825 feet in a southeasterly direction from the most northerly corner of Lot 4, Block 4, of Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE, in a southwesterly direction perpendicular to Holmes Road a distance of 340 feet to a point; THENCE, in a southeasterly direction parallel with Holmes Road a distance of 777 feet to a point in the northwesterly right -of -way line of Beauxart Gardens Road, also being the common corner of Lots 1 and 2, Block 3, of Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE, in a southwesterly direction with the northwesterly right -of -way line of Beauxart Gardens Road a distance of 371 feet to a point; THENCE, in a northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE, in a southwesterly direction parallel with Beauxart Gardens Road a distract of 177.16 feet to a point; THENCE, north 49° 05' 05" west a distance 327.72 feet to a point in the east boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE, north 021 31' 29" east 9.03 feet to the northeast corner of said Beauxart Gardens Subdivision THENCE, north 88° 55' 49" west with the north line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; THENCE, north 480 47' west 46.53 feet to a point; THENCE, north 881 55' 49" west with the north line of a Jefferson County Drainage District No. 7 tract of land a distance of 1,372.40 feet to a point; THENCE, north 77° 24' west with the Drainage District No. 7 boundary a distance of 100.00 feet to a point; THENCE, north 881 55' 49" west with the Drainage District No. 7 boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE, in a northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less, to a point; THENCE, south 47° 25' 11" east a distance of 526.92 feet to a point in the northwesterly right -of -way line of a 40 foot road which lies between Block 19, Range K, an Block 20, Range K of the lands of the Port Arthur Land Company, Jefferson County, Texas; ' THENCE, north 41° 13' east with the northwest right -of -way line of said 40 foot road, and the extension thereof, the intersection with the northwesterly extension of Holmes Road; THENCE, northwesterly along the southwesterly line of said Holmes Road and the extension of said right -of -way line to a point in the centerline of Rodair Gully; ' THENCE, northeasterly along and with the meanders of the centerline of said Rodair Gully to a point in the southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, southeasterly along said southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287 to a point for corner; THENCE, northeasterly crossing the right -of -way of U. S. Hwy. 69, 96, & 287 to a point in the northeasterly right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, southeasterly along said northeasterly right -of -way line of U. S. Hwy. 69, 96, & 287 to a point in the northwesterly right -of -way line of said Canal Avenue; THENCE, northeasterly along said northwesterly right -of -way line of Canal Avenue to the centerline of 27`" Street; THENCE, south along the centerline of 27" Street to the centerline of Avenue H; THENCE, west along the centerline of 27`" Street to the point of beginning. SECTION 5: If any section, portion, subdivision, clause, or provision of this ordinance shall be judged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid. PASSED AND APPROVED by the affirmative vote of S- members of the City Council of the City of Nederland, Texas this the q day of ID cAo(.r 2006. IR. A. Nugent, ayor ATTEST: " � LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: ¢� — Richard D. Hughes, City rtorney REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 23, 2006 MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the minutes of the meeting of October 9, 2006 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. STREET CLOSURE A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to authorize the closure of Franklin Avenue between 12th and 13th Streets, on October 26, 2006 from 3:00 p.m. to 9:00 p.m. for Langham Elementary School's Annual Fall Carnival. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. STREET LIGHTS A motion was made by Councilmember Neal and seconded by Councilmember Sheffield to authorize the installation of a street light at 3027 Canal Avenue and 160 Hilldale. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ORDINANCE A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Sheffield to approve Ordinance No. 2006 -14, amending junked car Ordinance No. 2005 -02. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 1 Minutes continued, October 23, 2006 6. FINANCE — PURCHASES A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the purchase of a mini - excavator from the Houston - Galveston Area Council purchasing program in the amount of $34,014.41. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. RESOLUTION A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Resolution No. 2006 -12, authorizing the submission of a Texas Community Development Block Grant program application to the Office of Rural Community Affairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 8. AGREEMENTS Andre' Wimer, City Manager, explained that HB i passed during the last special legislative session added new requirements in the Education Code to mandate joint elections between school districts and other political subdivisions that conduct elections on the same uniform election date. An Interlocal Agreement has been prepared and approved by the City Attorney that calls for La Donna Floyd, City Clerk, to conduct the joint election. The agreement was presented to NISD for approval; however, the Board appears to have some concerns regarding the polling location being at City Hall. Mr. Wimer added that due to the legislation being added to the Education Code it would appear that the burden to comply with the mandate would be placed on the school districts. He recommends that the Interlocal Agreement be approved in order to show that the City of Nederland has attempted to meet the requirements and to allow for sufficient time for U.S. Department of Justice election pre - clearance to be initiated upon NISD approval. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve an Interlocal Agreement with the Nederland Independent School District for conducting joint elections. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. CHANGE ORDERS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Change Order No. 6 with N & T Construction, Co., Inc. in the amount of +$203.00, renovations to the Recreation Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve Change Order No. 2 with N & T Construction, Inc. in the amount of +$1,364.00, renovations to the Fire Station. MOTION CARRIED. C) 1. r `" Minutes continued, October 23, 2006 10. HURRICANE RITA A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a Settlement Agreement and Release with XL Lloyds Insurance Company for Hurricane Rita related wind damages. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Griffin to approve payment to N & T Construction Co., Inc. in the amount of $31,708.61, Hurricane Rita renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve payment to Neches Engineers in the amount of $2,213.70, windstorm certification. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. ANNEXATION Andre' Wimer, City Manager, explained that the annexation items approved during the last meeting are on this agenda for re- approval due to some conflicts in the date reflected in the extraterritorial jurisdiction agreement as signed by the City of Port Arthur. Richard Hughes, City Attorney, suggested that these items be approved again in order to clearly show the effective date of the annexation is after the ETJ agreement was approved. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to grant approval of a petition submitted by Triangle Acquisitions, Inc. requesting that a 91.9 acre tract be annexed by the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve Ordinance No. 2006 -15, annexing a portion of the City's extraterritorial jurisdiction and adopting a Service Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve an Amendment to Ordinance No. 154, amending the ward boundary lines. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, October 23, 2006 13. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 14. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Recreation Center opened today. He also reported that MetroCare Ambulance will terminate service effective October 27, 2006 as it has been purchased by Acadian Ambulance. Acadian Ambulance has been issued a temporary permit for 90 days to operate in Nederland. 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 6:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 1 ATTEST: 4c, Cnn nc i C , n0 LaDonna Floyd, City Clerk City of Nederland, Texas RLV 1 R. A. Nugent ayor City of Nede and, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor 1✓ Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member —Ward 11 Debby Griffin Council Member — Ward III Bert Rogers Council Member — Ward IV ✓ Andre Wimer City Manager +� LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief 1/ Gary Collins Fire Chief Che I Dowden Director of Finance Steve Hamilton Director of Public Works L✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager �� R. A. Nugent, Aor LaDonna Floyd, City Clerk l0 -'�3.0 Date u 1 1 CITY OF NEDERLAND L ORDINANCE NO. 2006-14 AN ORDINANCE CARRYING INTO EFFECT THE PROVISIONS OF V. T. C. A., TRANSPORTATION CODE, CHAPTER 683, SUB CHAPTER E, REGULATING JUNKED VEHICLES, BY AMENDING CHAPTER 102, CODE OF ORDINANCES, ARTICLE III, JUNKED VEHICLES: PUBLIC NUISANCE; ABATEMENT; BY REVISING THE LANGUAGE IN SECTIONS 102- 324,102 -325 AND 102.326; PROVIDING FOR SEVERABILITY, REPEAL AND AN EFFECTIVE DATE. RECITALS The City Council of the City of Nederland desires to amend portions of Article III, JUNKED VEHICLES: PUBLIC NUISANCE, ABATEMENT, of Chapter 102 of the Code of Ordinances of the City of Nederland, Texas, by revising the language contained in Sections 102 -324, 102 -325 and 102 -326, in order to more strictly conform to the provisions of V.T.C.A. Transportation Code, Chapter 683, Sub - chapter E, regulating junked vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1: That Sec. 102 -324, "Definitions ", is amended to revise the definition of junked vehicle in Paragraph (1) by deleting the word "both" and by changing the word "and" to the word "or ", so, as amended, it reads as follows: "(1) Is self - propelled and does not have lawfully attached to it an unexpired license plate or a valid motor vehicle inspection certificate." SECTION 2: That the first paragraph of Sec. 102 -325, "Declared a public nuisance ", is amended to add the article "a" before the words 'public nuisance ", so, as amended, it reads as follows: "A junked vehicle, including part of a junked vehicle, that is located in a place where it is visible from a public place or public right -of -way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is a detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipals in the state, and is a public nuisance. This section shall not apply with regard to:" SECTION 3: That Sec. 102 -326, "Notice", is amended: (1) by adding to Paragraph (a) a new sentence as follows: "If the post office address of the last known registered owner of the public nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered ", so, as amended, Paragraph (a) now reads as follows: "(a) For abatement and removal of a public nuisance from private property, public property or public right -of -way within the city, the city manager or his designee shall send notice to the owner of the junked vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right -of -way on which the nuisance exists. If the post office address of the last known registered owner of the public nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. The notice shall state the following:" (2) by adding to Paragraph (a)(2) new language so, as amended, Paragraph (a)(2) now reads as follows: "(2) That the nuisance must be removed and abated not later than the 10`" day after the date on which the notice was personally delivered or mailed;" (3) by adding to Paragraph (b) the words "personally delivered or" so, as amended, Paragraph (b) now reads as follows: ' "(b) The notice must be personally delivered or mailed, by certified mail with a five -day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private property, public property, or public right -of -way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11" day after the date of the return." SECTION 4. Severability. If any application of this ordinance to any person or circumstances is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION 5. Reveal. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 6. Effective date. This ordinance shall take effect from and after its passage and publication as required by law. SECTION 7. Ordinance as amended in its entirety. That Article III, JUNKED VEHICLES: PUBLIC NUISANCE, ABATEMENT, Chapter 102 of the Code of Ordinances, City of Nederland, Texas, as amended herein, is set forth in its entirety in Exhibit "A" attached. PASSED d approved by the City Council of the City of Nederland, Texas this J3 day of f C�c A _2006. R. A. Nugent, N} or /E� ST: City of Nederlari , Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: EXHIBIT "A" ARTICLE 111. JUNKED VEHICLES: PUBLIC NUISANCE, ABATEMENT Sec. 102 -324. Definitions. When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Antique auto means a passenger car or truck that is at least twenty -five (25) years old Collector means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. Inoperable means in any physical condition that makes it incapable of being operated safely on any public street or roadway. Junked vehicle means any vehicle as defined in the Transportation Code, subchapter E, section 683.071, as amended, that: (1) Is self - propelled and does not have lawfully attached to it an unexpired license plate or a valid motor vehicle inspection certificate; and (2) Is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has remained inoperable for more than: (i) seventy -two (72) consecutive hours, if the vehicle is on public ' property; or (ii) thirty (30) consecutive days, if the vehicle is on private property. Person means any person, firm, partnership, association, corporation, or organization of any kind. Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Sec. 102 -325. Declared a public nuisance. A junked vehicle, including part of a junked vehicle, that is located in a place where it is visible from a public place or public right -of -way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is a detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipals in the state, and is a public nuisance. This section shall not apply with regard to: (1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or a licensed junkyard; or (3) Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. Sec. 102 -326. Notice. (a) For abatement and removal of a public nuisance from private property, public or right -of -way within the city, the city manager or his designee shall property public send notice to the owner of the junked vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right -of -way on which the nuisance exists. If the post office address of the last known registered owner of the public nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. The notice shall state the following: (1) The nature of public nuisance; (2) That the nuisance must be removed and abated not later than the 10" day after the date on which the notice was personally delivered or mailed, (3) That if a hearing is desired, before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten -day period; and (4) That the owner shall request, either in person or in writing, to the city manager or his designee to set a date and time of hearing. (b) The notice must be personally delivered or mailed, by certified mail with a five -day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private property, public property, or public right -of -way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11`" day after the date of the return. (c) The relocation of a junked vehicle that is a public nuisance to another location in the same city or county after a proceeding for the abatement and the removal of public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. (d) If the property owner or occupant commits another violation of the same kind or nature that poses a danger to the public health and safety within a twelve -month period from the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within a twelve -month period, and the city has not been informed in writing by the owner of an ownership change, then the city manager or his designee without notice may dispose of said junked vehicle in such manner as required by law and may assess its expenses and attach a lien in accordance with the provisions set forth in V. T. C. A. Health and Safety Code, Sec. 342.007 (a) (1) and (2). Sec. 102 -327. Offense. (a) A person commits an offense if the person maintains a public nuisance described by Sec. 102 -325. (b) An offense under this section is a misdemeanor punishable upon conviction by a fine not to exceed $200. (c) The Court shall order abatement and removal of the nuisance on conviction. Sec. 102 -328. Hearing. (a) Hearing. If a hearing is requested it shall be held not earlier than the 11'h day after the date of the service or notice, a public hearing must be held before the vehicle or vehicle part is removed. The hearing shall be held before the municipal magistrate as provided herein. (b) Determination; abatement. The municipal magistrate shall conduct hearings brought before said court, as set out herein, and shall determine whether the defendant is in violation of Sec. 102 -325. Upon finding that said defendant is in violation of Sec. 102 -325, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision set forth in Sec. 102 -327 (b). The magistrate shall further order such defendant to remove and abate said nuisance within ten (10) days, the same being a reasonable time. If the defendant shall fail and refuse, within said ten (10) days, to abate or remove the nuisance, the magistrate may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked vehicle and remove it from the premises. The city manager of his designee shall thereafter dispose of said junked vehicle in such manner as required by law. (c) Compliance. If, within ten (10) days after receipt of notice from the city manager or his designee, to abate the nuisance, as herein provided, the owner of the junked vehicle or owner or occupant of the premises shall give his written permission to the city manager or his designee for removal of the junked vehicle from the premises, the giving of such permission shall be considered compliance with the provisions of this section. (d) Failure to comply. filing a complaint. If a hearing is not requested within the ten -day period provided by subsection (c) and the nuisance is not removed and abated by the persons notified, or if written permission is given for removal if the junked vehicle as provided in 102 -328 (c) the city shall request of the magistrate an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked vehicle and remove it from the premises. The city manager of his designee shall, thereafter, dispose of said junked vehicle in such manner as required by law. (e) Removal when owner unknown. If there is a junked vehicle, as herein defined, on any premises, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon showing of such facts to the municipal magistrate, the court may issue an order directing the city manager of his designee to have the same removed, and the city manager or his designee shall take possession of said junked vehicle or vehicle and remove it from the premises. The order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site. The city manager of his designee shall thereafter dispose of said junked vehicle in such manner as required by law. (f) Notice to state highway department. Within five (5) days after the date of removal of any vehicle under this section, notice shall be given to the state highway department. Said notice must identify the vehicle or vehicle part thereof removed. (g) Reconstruction after removal. After a vehicle has been removed, it shall not be reconstructed or made operable. (h) Administration of section. This section will be administered by regularly salaried full - time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Sec. 102.329. Assessment of Expenses; Lien (a) If the owner of the property in the City does not comply with notice to abate the nuisance within ten days of notice of a violation of this ordinance, the City may assess expenses incurred for its removal and /or disposal of the junked vehicle and assess a lien on the real estate on which the removal work was done. (b) To obtain a lien against the property, the City must follow the procedures set forth in V. T. C. A., Health and Safety Code, Sec. 342.007. (c) The lien obtained by the City's governing body shall be security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the City. (d) The City shall have the remedies afford by V. T. C. A., Health and Safety Code, Sec. 342.007. The remedies provided herein are in addition the penalties provided by Sec. 102.327. Sec. 102 -330. Reserved. 212 CITY OF NEDERLAND RESOLUTION NO. 2006-12 RESOLUTION OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A , TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE OFFICE OF RURAL COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Nederland to apply for funding under the 2007 Texas Community Development Block Grant Program; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. That a Texas Community Development Block Grant Program application for the Community Development Fund is hereby authorized to be filed on be half of the City with the Office of Rural Community Affairs. Section 2. That the City's application be placed in competition for funding under the , Community Development Fund. Section 3. That the application be for $240,766.00 of grant funds to complete the replacement of deteriorated water and sewer lines serving the J.M. Staffen Addition. Section 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation on the Texas Community Development Block Grant Program. Section 5. That it further be stated that the City of Nederland is committing $48,160.00 from its General Fund as a case contribution toward the construction and engineering activities of this water distribution and sewer collection lines replacement project. PASSED AND APPROVED day of A;hnbrA 2006. . � R. A. Nugen ' ayor City of Nederland, Texas ATTEST: . 4 LaDonna Floyd, City Clerk City of Nederland, Texas APPRQVED AS TO FORM AND LEGALITY: ' // Richard Hughes, Cit Attorney City of Nederland, Texas INTERLOCAL GOVERNMENT AGREEMENT This agreement is made this s, day of (0 C10i}u , 2006, by and between the City of Nederland ( "the City ") and Nederland Independent School District ( "NISD "). WHEREAS, the City of Nederland and Nederland ISD will conduct their general election on May 12, 2007; and, WHEREAS, Section 11.0581 of the Education Code requires that an election for trustees of an independent school district that is held on the same date as an election for the members of the governing body of a municipality located in the school district shall be held as a joint election under Chapter 271, Election Code; and, WHEREAS, the City and NISD will hold elections on the same day; and, WHEREAS, the parties to this agreement will comply with the Education Code, Section 11.0581, by conducting a joint election and insure that the election be held that is cost effective and convenient for the voters of the entities; NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City and NISD under the following terms and conditions, and the parties hereto agree with said conditions: 1. That there shall be a ballot(s) that contain all appropriate races and propositions available for qualified voters of the two entities. 2. That there shall be one set of voting equipment to be used at the common polling place. 5. That each entity shall be responsible for the preparation, publication and Spanish translation of its own Notice of Election, Order of Election, and ballots. 6. That the implementation, conduct and management of said election shall be by the City Clerk, City of Nederland. The City Clerk is hereby designated as the Chief Election Official and Early Voting Clerk for the two entities for the election to be held on May 12, 2007. The implementation, conduct and management of the election shall include, but not be limited to: a. The securing of qualified individuals to serve as election judges for the polling place. Each entity's election order shall designate the joint election judges. b. Providing Nederland City Hall, 1400 Boston Avenue, as the polling location. C. The securing of the election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of DRE voting equipment to be used in the election. d. The securing of a contract with Jefferson County, Texas, for election services and supplies. e. The City Clerk will be responsible for the conduct of joint early voting by personal appearance and by mail, with the Nederland City Hall serving as the location for early voting by personal appearance. 3. That election forms to be used and records to be maintained be combined in a manner convenient and adequate to record and report the results of the election for the City and NISD. ' 4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by the two entities. 5. That each entity shall be responsible for the preparation, publication and Spanish translation of its own Notice of Election, Order of Election, and ballots. 6. That the implementation, conduct and management of said election shall be by the City Clerk, City of Nederland. The City Clerk is hereby designated as the Chief Election Official and Early Voting Clerk for the two entities for the election to be held on May 12, 2007. The implementation, conduct and management of the election shall include, but not be limited to: a. The securing of qualified individuals to serve as election judges for the polling place. Each entity's election order shall designate the joint election judges. b. Providing Nederland City Hall, 1400 Boston Avenue, as the polling location. C. The securing of the election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of DRE voting equipment to be used in the election. d. The securing of a contract with Jefferson County, Texas, for election services and supplies. e. The City Clerk will be responsible for the conduct of joint early voting by personal appearance and by mail, with the Nederland City Hall serving as the location for early voting by personal appearance. 2�4 7. The amount to be paid by NISD to the City for services rendered by the City of Nederland in the May 12, 2007, election is: a. City of Nederland will first fund all costs in full, other than the publication of each entity's Notice of Election. b. NISD will reimburse the City of Nederland for certain costs as follows: One -half (1/2) of the cost of early voting One -half (1/2) of the cost of publication of all jointly required notices. One -half (1/2) of the costs of programming, rental of DRE voting equipment, election supplies, election worker training session, Presiding Judge, Alternate Presiding Judge, and Election Day Clerks, Early Voting Ballot Board, Central Counting Station, and Jefferson County personnel costs. C. In the event that one entity is allowed to cancel their election the election will be solely funded by the remaining entity. B. Each entity shall be responsible for any necessary submissions to the U. S. Department of Justice for preclearance under the Federal Voting Rights Act. 9. The financial obligations of the parties under this agreement are payable from current revenues of the respective parties that have been budgeted and appropriated for the purpose set forth herein. 10. That the undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. PASSED AND A ED by the City Council of the City of Nederland on this cam. _ day of ROV , 2006. R. A. Nugen , ayoor City of Nede and, Texas ATTEST: LaDonna Floyd, City Clerkr City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas PASSED AND APPROVED by the Board of Trustees of the Nederland Independent School District on this day of , 2006. Nederland Independent School District CITY OF NEDERLAND ORDINANCE NO. 2006-15 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, TEXAS, AND EXTENDING THE BOUNDARIES OF SAID ' HERINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY, AND REPEALING ORDINANCE NO. 2006-13. WHEREAS, the City is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.028 and its home rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and conforms to the requirements of V.T.C.A. Local Government Code, Section 43.028(a); WHEREAS, the Petition for Voluntary Annexation submitted by the property owner is attached as Exhibit A to this ordinance; WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit B to this ordinance; and WHEREAS, after hearing arguments for and against the annexation of this territory the governing body has voted to annex said territory into the City under the authority of Section 43.028 of the Local Government Code; and WHEREAS, the City Council has determined that Ordinance No. 2006 -13 is to be repealed. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the territory hereinafter described in Exhibit A is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the city limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the act and ordinances of said City. Section 2. That the municipal service plan for the herein annexed territory provided for in Exhibit B attached hereto is hereby adopted. Section 3. That the City Clerk is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance. Section 4. That Ordinance No. 2006 -13 is hereby repealed. Section 5. This ordinance shall become effective October 23, 2006. PASSED AND APPROVED this the J3 day of EOc-�L�^ 12006. r R. A. Nugent, Mayor ATTEST: �� n ' CD 1 -,,-,m SAC. LaDonna Floyd, City Clerk City of Nederland, Texas APPR D AS TO ORM AND LEGALITY: r ichard D. Hughes, ity Attorney City of Nederland, Te PETITION FOR VOLUNTARY ANNEXATION TO: Mayor and City Council of the City of Nederland, Texas The undersigned owners of the hereinafter described tract of land which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your honorable body to extend the present municipal limits so as to include and annex as a part of the City of Nederland, Texas, the property described by metes and bounds on the attached Exhibit "A ", which is incorporated herein for all purposes. This Petition is herewith submitted and allowed under 43.02 of the Local Government Code. We certify that this Petition is signed and acknowledged by each and every corporation and person owning said land or having an interest in any part thereof. TRIANGLE ACQUISITIONS, INC. S. K. Rao, M.D., President STATE OF TEXAS COUNTY OF JEFFERSON This tso, trument was acknowledged before me by S. �C r" .0 . on the o ) r day of 2006. Notary Public, State of Texas EXHIBIT "A" DESCRIPTION OF PROPOSED CITY OF NEDERLAND ANNEXATION COMMENCING at the most Northerly comer of Lot 4, Block 4 of SMITH, HODGSON & BIGELOW TRUCK FARM SUBDIVISION, as the same appears upon the map or plat thereof, on file and of record in Vol. 4, Pg. 73 Map Records of Jefferson County, Texas; THENCE North 41 deg. 13 min. East 20 feet to a point in the center of Smith Road (sometimes referred to as Holmes Road) and being the POINT OF BEGINNING of the herein described tract of land; THENCE in a Southeasterly direction with the center of Smith Road (40' R.O. W) and the common range line between Ranges "J" and "K" of the Port Arthur Land Company, Jefferson County, Texas, a distance of 1,825 feet to a point; THENCE in a Southwesterly direction perpendicular to Smith Road a distance of 340 feet to a point; THENCE in a Southeasterly direction parallel with Smith Road a distance of 777 feet to a point in the Northwesterly right -of -way line of Beauxart Gardens Road also being the common corner of Lots 1 and 2 in Block 3 of said Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE in a Southwesterly direction with the Northwesterly right -of -way line of Beauxart Gardens Road a distance of 371 feet to a point; THENCE in a Northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE a Southwesterly direction parallel with Beauxart Gardens Road a distance of 177.16 feet to a point; THENCE North 49 deg. 05 min. 05 sec. West a distance 327.72 feet to a point in the East boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE North 02 deg. 31 min 29 sec. East 9.03 feet to the Northeast comer of said Beauxart Gardens Subdivision; THENCE North 88 deg. 55 min. 49 sec. West with the North line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; THENCE North 48 deg. 47 in. 99 sec. West 46.53 feet to a point; 218 THENCE North 88 deg. 55 min 49 sec. West with the North line of a Jefferson County Drainage District No. Seven tract of land a distance of 1,372.40 feet to a point; THENCE North 77 deg. 24 min. 00 sec. West with the Drainage District No. Seven boundary a distance of 100:00 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the Drainage District No. Seven boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE in a Northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less to a point; THENCE South 47 deg. 25 min. 11 sec. East a distance of 526.92 feet to a point in the Northwesterly right -of -way line of a 40 foot road which lies between Block 19, Range "K" and Block 20, Range "K" of the lands of the Port Arthur Land Company, Jefferson County, Texas; THENCE North 41 deg. 13 min. 00 sec. East with the Northwest right -of -way line of said 40 foot road, and the extension thereof, a distance of 1,042 feet, more or less, to a intersection with the Northwesterly extension of the centerline of Smith Road; THENCE in a Southeasterly direction with the centerline of Smith Road a distance of 40 feet, more or less, to the POINT OF BEGINNING, enclosing 91.9 acres, more or less. Q� 1 Exhibit B CITY OF NEDERLAND ANNEXATION SERVICE PLAN I. INTRODUCTION 21, 9 This Service Plan ( "Plan") is made by the City of Nederland, Texas ( "City") pursuant to Chapter 43 of the Local Government Code ( "the Act "). This Plan relates to the annexation by the City of approximately 91.9 acres of land ( "Tract') located in Jefferson County, Texas, generally West of the City and adjoining the existing City boundaries. The Tract is described by metes and bounds in Exhibit A and by map in Exhibit B which are included as a portion of this Plan. II. TERM: EFFECTIVE DATE This Plan will be in effect for a term of ten (10) years commencing upon the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General: This Plan includes two (2) service programs; the Early Action Program, described below, and the Capital Improvement Program, described below. B. Scope and Quality of Services: Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City, including the Tract, where differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. C. Definitions 1. As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other areas of the City. This may include causing or allowing private utilities, governmental entities, and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees CITY OF NEDERLAND Annexation Service Plan Page 2 ' or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program Statutory Services: The statutory services will be provided within the Tract within the period required by State law. Service will be provided in accordance with the following schedule: Police Protection: within ten (10) days of the effective date of the annexation. Fire Protection: within ten (10) days of the effective date of the annexation. Dispatching Services: within forty-five (45) days of the effective date of the annexation. Solid Waste Collection: within sixty (60) days of the effective date of the annexation. Inspections: within ten (10) days of the effective date of the annexation. Planning: within ten (10) days of the effective date of the annexation. Code Enforcement: within ten (10) days of the effective date of the annexation. Roads, Streets, and Drainage: within sixty (60) days of the effective date of the annexation. Street Lighting: within sixty (60) days of the effective date of the annexation. The developer of the tract will, however, be responsible for the installation of street lights in accordance with City policies. Parks and Recreation: within ten (10) days of the effective date of the annexation. Library Facilities: within ten (10) days of the effective date of the annexation. Maintenance of Water Facilities: dependent upon existing circumstances. Maintenance of Wastewater Facilities: dependent upon existing circumstances. Other City Services: within sixty (60) days of the effective date of the annexation. 2. The statutory services are individually identified as follows: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, in handling of complaints and incidents reports, and, as appropriate, support by special units of the Department, including animal control services. b. Fire Protection: The Nederland Fire Department and the Nederland Volunteer Fire Department, Inc. will provide fire protection and fire prevention activities within the Tract. c. Dispatching Services: Mid County Central Dispatch will provide dispatching services to the Tract. d. Solid Waste Collection: The City will provide residential garbage and trash collection service to eligible property owners. To be eligible for this service, ' property must have frontage on a public street and garbage must be placed in a 001 I- -1 CITY OF NEDERLAND Annexation Service Plan ' Page 3 City- provided container. Residential garbage and trash collection service shall be provided in accordance applicable City Ordinances, polices, and/or procedures currently in effect or as subsequently amended. Commercial and industrial service will be provided by private contractors. e. Inspections: Building/construction services, including enforcement of building code requirements, plan review, and on -site inspections, will be provided by the City to the Tract. f. Planning: Planning/zoning services will be provided by the City to the Tract. The Proposed zoning designations for this area are indicated in Exhibit C. g. Code Enforcement: Code enforcement personnel will enforce the City's housing code and ordinances regarding junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. h. Maintenance of Roads, Streets, and Drainage: The Department of Public Works will provide maintenance of roads, streets, traffic control devices, and drainage facilities not maintained by the Texas Department of Transportation. Maintenance will be provided to those right -of -ways that have previously been dedicated and accepted as public facilities, accepted for maintenance by Jefferson County, and ' that have actually been utilized for public purposes. i. Street Lighting: Street lighting will be made available in accordance with City policy. j. Parks and Recreation: Since there are no such public facilities within the Tract, any future maintenance of parks, playground, and recreation facilities will result from the acquisition and development of such facilities by the City. Persons residing in the Tract shall have the same access to City facilities as in currently afforded to Nederland residents. k. Library Facilities: Library services will be provided from existing and future facilities. Residents of the Tract will be eligible for borrowing privileges, as specified by the City's policies, as is currently afforded to Nederland residents. 1. Maintenance of Water Facilities: Water services will be available subject to applicable City Ordinances, policies, and/or procedures currently in effect or as subsequently amended, and applicable Certificate of Convenience and Necessity regulations. Water rates will be the same as that which is applied throughout the City if water service is provided to this Tract directly from the City. m. Maintenance of Wastewater Facilities: Wastewater service will be available subject to applicable City Ordinances, policies, and/or procedures currently in effect or as subsequently amended. Wastewater rates will be the same as that 2ti2 CITY OF NEDERLAND Annexation Service Plan Page 4 which is applied throughout the City. For those properties which do not currently have wastewater service, this service will be available subject to City policy. n. Other City Services: Other City services, to the extent applicable to persons or properties within the Tract, will be provided in accordance with standard City policies and procedures. E. Capital Improvement Program. Construction of capital improvement shall be considered by the City in the future, as the needs dictate, on the same basis as such capital improvements are considered throughout the City. 1. Police Protection: Additional capital improvements are not necessary at this time nor anticipated in the future. 2. Fire Protection: The long -term provision of service to the Tract may require capital improvements. The Tract will be included with other territory in connection with new, revised, or expanded fire fighting facilities. 3. Dispatching Services: Additional capital improvements are not necessary at this time nor anticipated in the future. 4. Solid Waste Collection: Additional capital improvements are not necessary at this time nor anticipated in the future. It may, however, be necessary to acquire another trash truck at some time in the future. 5. Inspections: Additional capital improvements are not necessary at this time nor anticipated in the future. 6. Planning: Additional capital improvements are not necessary at this time nor anticipated in the future. 7. Code Enforcement: Additional capital improvements are not necessary at this time nor anticipated in the future. 8. Maintenance of Roads, Streets, and Drainage: Additional roads, streets, drainage, and /or related facilities are not necessary to serve the Tract at this time. Improvements to existing roadways may, however, be necessary to accommodate additional traffic. Future work with respect to this infrastructure will be undertaken by the City as necessary and in accordance with City policies. The Tract will be included with other territory in connection with planning for new and/or expanded facilities. 0 r) 2-3 CITY OF NEDERLAND Annexation Service Plan ' Page 5 9. Street Lighting: Beyond street lighting made available in the Early Action Program of this Plan, additional capital improvements are not necessary at this time. Any additional facilities will be in accordance with City policies. 10. Parks and Recreation: Additional capital improvements are not necessary at this time nor anticipated in the future. The Tract will be included with other territory in connection with planning for new facilities. 11. Library Facilities: Additional capital improvements are not necessary at this time nor anticipated in the future. 12. Maintenance of Water Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 13. Maintenance of Wastewater Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 14. Other City Services: In general, other City functions and services, and the additional services described above, can be provided to the Tract utilizing existing capital improvements. Additional capital improvements are not necessary to provide City services, however, the Tract will be included in other territory in connection with ' planning for new, revised, and/or expanded services. IV. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this Plan shall require the City to provide a uniform level of service to each area of the City, including the annexed area, if differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. V. AMENDMENT This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. VI. FORCE MAJEURE Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure", for the purpose of this Plan, will include, but not be limited to, acts of God, acts of the public enemy, war, blockades, tornadoes, hurricanes, arrests and restraints of government, ' explosions, and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. n 2 CITY OF NEDERLAND Annexation Service Plan Page 6 VII. ENTIRE PLAN This document contains the entire and integrated Service Plan relating to the Tract and supercedes all other negotiations, representatives, plans, and agreements, whether written or oral. 1 1 CITY OF NEDERLAND AN AMENDMENT TO ORDINANCE NO. 154 AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND AND REPEALING THE AMENDMENT TO ORDINANCE NO. 154 APPROVED BY THE CITY COUNCIL ON OCTOBER 9, 2006. WHEREAS, the City Council of the City of Nederland is desirous of changing the boundary lines of Ward IV in order to include the area annexed on October 9, 2006; and WHEREAS, the City Council has determined that the Amendment to Ordinance No. 154 approved on October 9, 2006 is to be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1: Hence forward that Ward I shall be comprised of the territory within the city limits that is east of the Kansas City Southern right -of -way and that territory west of the Kansas City Southern right -of -way and bounded by the Kansas City Southern right -of -way and the centerline of Avenue "H ", Nederland Avenue, and the Entergy /GSU right -of -way; SECTION 2: Hence forward that Ward II shall be comprised of all territory beginning at a point on Nederland Avenue on the east side of Kansas City Southern right -of -way; THENCE, southwesterly along the centerline of Nederland Avenue to the centerline of 27t' Street; THENCE, northwesterly along the centerline of 27" Street to the northwest right -of -way of Canal Avenue; THENCE, southwesterly along said northwesterly right -of -way line of Canal Avenue to a point for corner in the northeasterly right -of -way line of U.S. Hwy. 69, 96, & 287; THENCE, northerly along said northeasterly right -of -way line of U.S. Hwy. 69, 96, & 287 to the southwesterly right -of -way line of the LNVA Canal; THENCE, northwesterly, along said southeasterly right -of -way line of the LNVA Canal, and on a northeasterly projection of said southeasterly right -of -way crossing a southeasterly fork of the LNVA Canal to the northeasterly right -of -way of said fork, being also the most southwesterly property line of the Nederland Independent School District High School property, a point for corner; THENCE, northerly along and with the Nederland Independent School District High School property and the easterly side of the LNVA Canal to a 1/2" diameter steel rod location approximately 15 feet from the said LNVA Canal easterly right -of -way line, a point for corner in the Nederland Independent School District High School property and a point for corner in herein described tract or parcel of land; THENCE, north 48 °46' west along and with the southwesterly property line of the Nederland Independent School District High School property, crossing the LNVA Canal and continuing to an intersection with the southeasterly right -of -way of Spurlock Road, a total distance of 1,300 feet more or less and a point for corner; THENCE, northeasterly along and with the southeasterly right -of -way line of Spurlock Road, crossing 18" Street, to the northeasterly right -of -way line of 18`" Street, a distance of 1,534 feet more or less a point for corner; THENCE, southeasterly along and with the northeasterly right -of -way line of ' 18`" Street to the northwesterly corner of the Moore and Richardson 3.617 acre tract or parcel of land, said corner marked with a 1/2 " diameter reinforced rod in the said northeasterly right -of -way line of 18`" Street, a point for corner; THENCE, north 41 °13' east along and with the northwesterly property line of the Moore and Richardson tract, to the northeasterly corner of said Moore and Richardson tract, same being the northwesterly corner of the YMCA tract, continuing n along and with the northwesterly property line of the YMCA tract to the northeasterly corner of said YMCA tract said corner being located in the southwesterly right -of -way line of Gulf States Utilities right -of -way, a point for corner. THENCE, southeasterly along and with the southwesterly right -of -way line of Gulf States Utilities right -of -way, crossing the LNVA Canal and Canal Avenue to the l southeasterly right -of -way line of said Canal Avenue; THENCE, northeasterly along the southern line of Canal Avenue to a point situated on the most southerly boundary line of Canal Avenue at a common line of Lot 7, Block 17, Range G, Port Arthur Land Company Survey and Lot 6, Block 17, Range G, Port Arthur Land Company Survey, Jefferson County, Texas; THENCE, north 48 147' west a distance of 1,360 feet more or less to the northwest corner of Lot 2, Block 18, Range G of the Port Arthur Land Company Survey, Jefferson County, Texas, a point for corner; THENCE, north 41 °13' east along the common line of Lot 2, Lot 7, Lot 8, Lot 1, Block 18, Range G a distance of 1,320 feet to the northeast corner of Lot 1, Block 18, Range G, also being the southeast corner of Lot 6, Block 18, Range G of the Port Arthur Land Company Survey, Jefferson County, Texas, a point for corner; THENCE, south 48 147' east along the common line of Lot 1, Block 18, Range G and Lot 4, Block 18, Range F, Port Arthur Land Company Survey, a distance of 1,360 feet more or less to a point for corner, said point being situated on the most southerly boundary line of Canal Avenue at a common line of Lot 6, Block 17, Range G, and Lot 5, Block 17, Range F, of the Port Arthur Land Company Survey, Jefferson County, Texas; THENCE, northeasterly along the southerly line of Canal Avenue, and its extension, to the east right -of -way of the Kansas City Southern Railroad; THENCE, southeasterly along the east right -of -way of the Kansas City Southern Railroad to the point of beginning; SECTION 3: Hence forward the boundary lines of Ward III shall be comprised of all that territory beginning at a point on Avenue H and east boundary line of Kansas City Southern Railroad; THENCE, south along said line of Kansas City Southern Railroad to Highway 365; THENCE, in a southwesterly direction along the north side of Highway 365 to U. S. Hwy. 69, 96, & 287; THENCE, north along U. S. Hwy. 69, 96, & 287 to the centerline of Avenue H; THENCE, easterly along the centerline of Avenue H to the centerline of South 27`" Street ; THENCE, north along the centerline of South 27" Street to the centerline of Nederland Avenue; THENCE, east along the centerline of Nederland Avenue to the centerline of Entergy /GSU right -of -way; THENCE, south along the Entergy /GSU right -of -way to the centerline of Avenue H; THENCE, east along the centerline of Avenue H to the point of beginning. SECTION 4: HENCE, forward that Ward IV shall be comprised of the territory beginning at the intersection of the centerline of Avenue H with the east right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, north along the east right -of -way line of U.S. Hwy. 69, 96, & 287 to the south right -of -way line of Canal Avenue; THENCE, continuing southwesterly, crossing the right -of -way line of U. S. Hwy. 69, 96, & 267 to a point for corner at the intersection of the southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287 and the southeasterly right -of -way line of Viterbo Road; THENCE, continuing southwesterly, along said southeasterly right -of -way line of Viterbo Road to a point for corner in the extension of the southwesterly line of Lot ' 1, Block 2, J. D. Ford Subdivision; THENCE, northwesterly along said extension of Lot 1 to a point in the northwesterly right -of -way line of Viterbo Road, said point also being the most southerly corner of Lot 1, Block 2, J. D. Ford Subdivision; THENCE, continuing northwesterly along the southwesterly line of said Lot 1, Block 2, 3. D. Ford Subdivision to a point in the west line of said J. D. Ford Subdivision; THENCE, northerly along the westerly line of said J. D. Ford Subdivision to a point for the northwest corner of Lot 11, Block 2, J. D. Ford Subdivision; THENCE, northeasterly and along the northerly line of Lots 11, 12 and 13 of Block 2, J. D. Ford Subdivision to the northeast corner of Lot 13, Block 2, J. D. Ford Subdivision said corner being in the southwesterly right -of -way line of Holmes Road; THENCE, northwesterly along the southwesterly line of said Holmes Road and to a point 1,825 feet in a southeasterly direction from the most northerly comer of Lot 4, Block 4, of Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE, in a southwesterly direction perpendicular to Holmes Road a distance of 340 feet to a point; THENCE, in a southeasterly direction parallel with Holmes Road a distance of 777 feet to a point in the northwesterly right -of -way line of Beauxart Gardens Road, also being the common corner of Lots 1 and 2, Block 3, of Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE, in a southwesterly direction with the northwesterly right -of -way line ' of Beauxart Gardens Road a distance of 371 feet to a point; THENCE, in a northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE, in a southwesterly direction parallel with Beauxart Gardens Road a distract of 177.16 feet to a point; THENCE, north 490 05' 05" west a distance 327.72 feet to a point in the east boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE, north 021 31' 29" east 9.03 feet to the northeast corner of said Beauxart Gardens Subdivision THENCE, north 88° 55' 49" west with the north line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; THENCE, north 48° 47' west 46.53 feet to a point; THENCE, north 881 55' 49" west with the north line of a Jefferson County Drainage District No. 7 tract of land a distance of 1,372.40 feet to a point; THENCE, north 77° 24' west with the Drainage District No. 7 boundary a distance of 100.00 feet to a point; THENCE, north 88° 55' 49" west with the Drainage District No. 7 boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE, in a northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less, to a point; ' THENCE, south 47° 25' 11" east a distance of 526.92 feet to a point in the northwesterly right -of -way line of a 40 foot road which lies between Block 19, Range K, an Block 20, Range K of the lands of the Port Arthur Land Company, Jefferson County, Texas; IN ' THENCE, north 41° 13' east with the northwest right -of -way line of said 40 foot road, and the extension thereof, the intersection with the northwesterly extension of Holmes Road; THENCE, northwesterly along the southwesterly line of said Holmes Road and the extension of said right -of -way line to a point in the centerline of Rodair Gully; THENCE, northeasterly along and with the meanders of the centerline of said Rodair Gully to a point in the southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, southeasterly along said southwesterly right -of -way line of U. S. Hwy. 69, 96, & 287 to a point for corner; THENCE, northeasterly crossing the right -of -way of U. S. Hwy. 69, 96, & 287 to a point in the northeasterly right -of -way line of U. S. Hwy. 69, 96, & 287; THENCE, southeasterly along said northeasterly right -of -way line of U. S. Hwy. 69, 96, & 287 to a point in the northwesterly right -of -way line of said Canal Avenue; THENCE, northeasterly along said northwesterly right -of -way line of Canal Avenue to the centerline of 27`" Street; H; THENCE, south along the centerline of 27" Street to the centerline of Avenue THENCE, west along the centerline of 27`" Street to the point of beginning. SECTIONS: The Amendment to Ordinance No. 154 approved by the City Council on October 9, 2006 is hereby repealed. SECTION 6: If any section, portion, subdivision, clause, or provision of this ordinance shall be judged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid. PASSED AND APPROVED by the affirmative vote of 5 members of the City Council of the City of Nederland, Texas this the -23A day of iVCtu�Z 2006. R. A. NugentiTayor ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A rney REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING November 13, 2006 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Rogers and seconded by Mayor Pro Tem Griffin to approve the minutes of the October 23, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. LICENSE TO ENCROACH A motion was made by Mayor Nugent and seconded by Councilmember i Sheffield to postpone approving Resolution No. 2006 -13, authorizing a License to Encroach at 907 N. 30`h Street and authorizing the City Manager to sign the document if a variance is granted by the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. RESOLUTIONS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve Resolution No. 2006 -14, approving the 2006 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to approve Resolution No. 2006 -15, acknowledging the City of Nederland's participation in a 2006 Port Security Grant for improvements to Central Dispatch, acknowledge the City's portion of the matching funds. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. FINANCE — INVESTMENT REPORTS Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending September 30, 2006. 230 Minutes continued, November 13, 2006 A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to accept the Quarterly Investment Report as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Cheryl Dowden, Director of Finance, reviewed the Annual Investment Report for FY 2005 -2006. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to accept the Annual Investment Report as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. REQUEST A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a request from the Nederland Little Dribblers to utilize the Nederland Recreation Center gym and to waive rental fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a request from the Boston Avenue Merchants Association to close Boston Avenue from 12`" Street to 13`h Street on Saturday, November 18, 2006 from 8:30 a.m. until 11:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. STREET LIGHTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to authorize the installation of a street light at 1420 Arbor Court. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. CHANGE ORDER A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Change Order No. 5 with N & T Construction Co., Inc., renovations to the Recreation Building, in the amount of +$440.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, November 13, 2006 9. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a payment to S & L Painting in the amount of $35,000, repairs and painting of three elevated water tanks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Rogers to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $8,500.00, TCDP water /sewer improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Griffin to approve the payment of the bills for the month of October 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the settlement check from the City's windstorm damage has been received. He stated that the pond at Doornbos Park was partially drained in order to remove debris and the water level will be raised soon. Mr. Wimer also reported that a contractor was hired to assist in repairs of an 18" water line because of the depth of the line. Chester Jordan has resigned from the South East Texas Regional Planning Commission in order to take another position out of state. He also informed Council that work is continuing on the Fire Station. Mayor Pro Tern Griffin reported that she received a call from a citizen regarding our dog ordinance. The citizen is having problems with a neighbor's dog that is continually at -large and has killed a cat in the neighborhood. The citizen was told that the dog could not be classified as a dangerous dog because it has not harmed a person. Mayor Pro Tern Griffin asked if the City's ordinance could be reviewed to see if something could be added to consider dogs dangerous when another animal is also injured. Mr. Wimer stated that he would have City staff research the matter. 23 4 Minutes continued, November 13, 2006 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Griffin to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. M14��F- R. A. Nugen Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas V6 U y�O?C�CRLk`: • ..........:o�`�� 1 j CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member —Ward IV ✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ,✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager - Awzxelall� R. A. Nugent, MqTor ,�� � av"c- - LaDonna Floyd, City Clerk Date n CITY OF NEDERLAND RESOLUTION NO. 2006-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2006 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 2006 tax roll. PASSED AND APPROVED this the 1 3day of 2006. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City At orney City of Nederland, Texas R. A. idgenoMayor City of Nederland, Texas 1 1 W Q a N w a E £ W z O F �n U N £❑dQ' W m W � w a F h O 14 1 U 0 w U v1 aw 00 Haa ❑ w n d b ry F a W U U z W 5 O W m 1 � 0 0 � o o U .1 H c a N E ry O . W zo F F dd ❑ 00 a W 0 0 0 0 Wo z Fo wow❑ Q �E✓� •• yQyQ yQyQ U FQZO.Oo [.w[p] aF FQ [N.] fml as Q W W W W W X Q Q ul E E W W O m F F H F H F E. O o >> W w w W W H m W❑ z w 0 0 ❑ » »> z 0 F .y o0 00 .aoo a �n w o 00 00 ooin oo.i ono mm n n .000 ❑ O O O m N(� a Om NN mO� b a h h NN 0� N ❑ 7 M N N N N WW.a •. M ££UU W W W O ❑ %Way �a> w auw no' Q £Em m W m .7a .0000 4 H >� W Q w>.w a> Q> W ww❑❑ FF 00 > rzzi m .1-w Q> Qvmi W oW -z aF NN> W> 4N W mQQH mm v o N+n K�n> d W O a W d FF HUodd m m H O .Q7 r.�7 oz o z zNzQ mw F X W W W d U U N N 0 Q > w> O F H ®H F F iQ 0 O> O O d O d O x X U' U' m m H H a F O 00 D W W W W O O 4 w W O w w n w '+ H w w r,Cazz W do ma a W st >>>>H HFda F d d d H 35 2"31-� Neal. ayort,Mayas BYiy Neal. Mayor Pro Tarn l inn $huHieki t. ounnimen1w, �ti iy y o f Nederland Debby F IGigriffHiInS CGoDuUrv/ iN"7 AmlAbklebr t Andre Wimer. Clay Manager' P.Q. Box 967 • Nedenand. texas 77621 • (469) 723 -1503 - FAX (469) 723 -1550 Investment Report For the Quarter Ending September 30, 2006 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 perfformance for the reporting period. Submitted by the Investment Officers of the City of Nederland Andre' Wimer, City Manager E QLc� Cheryl flowden, Director of Finance "Programmed for Progress" 1 1 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2006 Investments at Beginning of Period (7 -1 -06) Purchases Maturities Investments at End of Period (9- 30 -06) Maturity Summary at September 30, 2006 $5,197,340.68 68,838.93 0.00 $5,266,179.61 ❑ Less than 3 months M 3 to 6 months ® 7 to 9 months ■ 9 to 12 months 2 .i City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2006 Fund Allocation at September 30, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22% General Fund 72% 1 1 1 Balance Balance 07/01/2006 Purchases Maturities 09/30/2006 General Fund $3,740,379.10 $49,636.63 $3,790,015.73 Library Fund 29,964.35 264.93 30,229.28 Water & Sewer Fund 1,134,236.63 15,051.86 1,149,288.49 Motel Occupancy Tax Fund 10,941.90 145.22 11,087.12 Solid Waste Fund 735.24 9.91 745.15 Capital Outlay Fund 397.37 5.38 402.75 Police Narcotics Fund 42,307.11 561.44 42,868.55 SRF Construction Funds 166,813.55 2,213.71 169,027.26 MCML Dispatch 670.55 9.06 679.61 Parks & Recreation Fund 21.74 0.15 21.89 Equipment Replacement Fund 51.81 0.78 52.59 Bond Redemption Fund 70,821.33 939.86 71,761.19 $5,197,340.68 $68,838.93 $0.00 $5,266,179.61 Fund Allocation at September 30, 2006 Other 2% SRF Escrow Fund 3% Bond Redemption Fund 1% Water & Sewer Fund 22% General Fund 72% 1 1 1 Investment Report Schedule Investments for the Quarter ended September 30, 2006 CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest September 30, Number Date Date be held Rate Face Amount 2006 Held at September 30, 2006 Library Special Fund 1863574537 01/12/06 11/12/06 300 3.92% 10,000.00 102.21 Total Interest Earned on CDs for the quarter ended September 30, 2006 S 102.21 Total Certificates of Deposit held at September 30, 2006 1 1 $ 10,000.00 4., 1 Investment Report Schedule Investments for the Quarter ended September 30, 2006 INVESTMENT POOL - TEXPOOL General Fund Water & Sewer Bond Redemp. Capital Outlay Fund Motel Occupancy Library Special Solid Waste Fund SRF Construction Fund MCML Dispatch Police Narcotic Fund Parks & Recreation Fund Equipment Replacement Funds Totals for TEXPOOL Investments $5,187,340.68 $68,838.93 $5,256,179.61 1 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value 07/01/06 09/30/06 1 5.24% $3,740,379.10 $49,636.63 $3,790,015.73 07/01/06 09/30/06 1 5.24% 1,134,236.63 15,051.86 1,149,288.49 07/01/06 09/30/06 1 5.24% 70,821.33 939.86 71,761.19 07/01/06 09/30/06 1 5.24% 397.37 5.38 402.75 07/01/06 09/30/06 1 5.24% 10,941.90 145.22 11,087.12 07/01/06 09/30/06 1 5.24% 19,964.35 264.93 20,229.28 07/01/06 09/30/06 1 5.24% 735.24 9.91 745.15 07/01/06 09/30/06 1 5.24% 166,813.55 2,213.71 169,027.26 07/01/06 09/30/06 1 5.24% 670.55 9.06 679.61 07/01/06 09/30/06 1 5.24% 42,307.11 561.44 42,868.55 07/01/06 09/30/06 1 5.24% 21.74 0.15 21.89 07/01/06 09/30/06 1 5.24% 51.81 0.78 52.59 Totals for TEXPOOL Investments $5,187,340.68 $68,838.93 $5,256,179.61 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended September 30, 2006 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate September 30, 2006 Bond Redemp.Fund 07/01/06 09/30/06 1 4.09% 475.67 Court Technology Fund 07/01/06 09/30/06 1 4.09% 4.25 Equipment Replacement Funds 07/01/06 09/30/06 1 4.09% 4,265.73 General Fund 07/01/06 09/30/06 1 4.09% 41,497.81 Library Special Fund 07/01/06 09/30/06 1 4.09% 78.27 MCML Dispatch 07/01/06 09/30/06 1 4.09% 12.29 Motel Occupancy Fund 07/01/06 09/30/06 1 4.09% 10.88 Parks & Rec. Fund 07/01/06 09/30/06 1 4.09% (11.77) Police Narcotic Fund 07/01/06 09/30/06 1 4.09% 1,451.44 Solid Waste Fund 07/01/06 09/30/06 1 4.09% 3,281.38 SRF Construction & Escrow Funds 07/01/06 09/30/06 1 4.09% 33.44 SSES Fund 07/01/06 09/30/06 1 4.09% 2,016.01 W & S Certificate Fund 07/01/06 09/30/06 1 4.09% 658.26 Water & Sewer Fund 07/01/06 09/30/06 1 4.09% 1,513.52 Wastewater Construction Fund 07/01/06 09/30/06 1 4.09% 2,959.43 $58,246.61 ('j s 2� Investment Report Schedule September 30, 2006 Interest Earnings for Quarter Ended September 30, 2006 Bond Redemption Fund $1,415.53 Capital Outlay Fund 5.38 Court Technology Fund 4.25 Equipment Replacement Funds 4,266.51 General Fund 91,134.44 Library Special Fund 445.41 MCML Dispatch 21.35 Motel Occupancy Tax Fund 156.10 Parks & Recreation Special Fund (11.62) Police Narcotic Account 2,012.88 Solid Waste Fund 3,291.29 SRF Escrow & Construction Funds 2,247.15 SSES Fund 2,016.01 W & S Certificate Fund 658.26 Wastewater Construction Fund 2,959.43 Water & Sewer Fund 16,565.38 $127,187.75 1 1 1 C) CITY OF NEDERLAND ' INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 Interest Earned Interest Earned Interest Earned Interest Earned Fund Fiscal Year Ended 9/30/03 Fiscal Year Ended 9/30/04 Fiscal Year Ended 9/30/05 Fiscal Year Ended 9/30/06 SRF Fund $30,070.91 $11,921.89 $5,924.96 $9,826.07 Bond Redemption Fund 1,647.04 1,059.79 2,574.53 4,837.45 Capital Outlay Fund 9,258.51 4.05 10.12 18.19 Court Technology Fund 64.01 13.79 21.70 53.41 Drainage Construction Fund 8,872.11 9,491.39 7,905.36 2,753.04 Equipment Replacement Fund 799.47 1,640.00 4,830.27 9,002.62 General Fund 55,837.94 55,974.15 149,315.66 284,877.87 Hotel Occupancy Tax Fund 150.90 141.35 347.99 598.39 Library Special Fund 443.86 582.47 1,232.60 2,152.64 Mid County Dispatch (25.60) 8.30 16.95 43.28 & Recreation Special Fund 23.21 40.17 145.91 132.51 'Parks Police Narcotic Fund 885.14 802.39 2,147.45 6,667.35 SSES Fund 6,213.05 3,972.38 5,415.30 9,065.56 Solid Waste Fund 1,216.56 2,322.59 9,034.77 18,450.92 W & S Certificate Fund 360.77 262.20 1,022.99 2,146.79 Water Meter Project Fund 0.00 0.00 12,393.57 239.55 Wastewater Construction Fund 6,428.80 9,818.69 10,362.66 11,034.26 Water & Sewer Fund 16,585.44 15,925.13 34,834.69 61,642.61 $138,832.12 $113,980.73 $247,537.48 $423,542.51 CITY OF NEDERLAND I INVESTMENT INTEREST RATES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 Interest Rates Oct. 05 - Sept. 06 5.5000 5.0000 A' 4.5000 4.0000 ® Texpool Air 3.5000 ® -E- Demand Deposits a 3.0000 2.5000 2.0000 1 Demand Texpool Deposits October -05 3.7823 2.9600 November -05 3.9888 2.9900 December -05 4.1676 3.1600 January-06 4.2714 3.1400 February-06 4.4833 3.4800 March -06 4.5697 3.6900 April -06 4.7397 3.7600 May -06 4.9024 3.7600 June -06 5.0021 3.8900 July -06 5.2258 3.9800 August -06 5.2355 4.1300 September -06 5.2648 4.1500 Interest Rates Oct. 05 - Sept. 06 5.5000 5.0000 A' 4.5000 4.0000 ® Texpool Air 3.5000 ® -E- Demand Deposits a 3.0000 2.5000 2.0000 1 45 CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2006 CERTIFICATES DEMAND OF DEPOSIT TEXPOOL DEPOSITS TOTAL Bond Redemption Fund $3,244.84 $1,592.61 $4,837.45 Capital Outlay Fund 18.19 18.19 Court Technology Fund 53.41 53.41 Drainage Construction Fund 2,753.04 2,753.04 Equipment Replacement Fund 3.05 8,999.57 9,002.62 General Fund 171,372.36 113,505.51 284,877.87 Library Special Fund 326.43 914.70 911.51 2,152.64 Mid County Dispatch 30.99 12.29 43.28 Motel Occupancy Tax Fund 501.36 97.03 598.39 Parks & Recreation Special Fund 0.52 131.99 132.51 Police Narcotic Fund 1,938.36 4,728.99 6,667.35 ' Solid Waste Fund 33.77 18,417.15 18,450.92 SRF Fund 7,642.86 2,183.21 9,826.07 SSES Fund 9,065.56 9,065.56 W & S Certificate Fund 2,146.79 2,146.79 Wastewater Construction Fund 11,034.26 11,034.26 Water & Sewer Fund 51,967.16 9,675.45 61,642.61 Water Meter Project Fund 239.55 239.55 $326.43 $237,668.16 $185,547.92 $423,542.51 0ACi REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 27, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Mayor Pro Tern Griffin to approve the minutes of the November 13, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. PROCLAMATION Mayor Nugent read a Proclamation declaring November 27, 2006 as "John and Stephen Darby Day" in Nederland. The Proclamation was presented to commend the children on their heroic efforts to save their family during a recent fire in their home. A motion was made by Mayor Nugent and seconded by Councilmember Sheffield to approve the Proclamation declaring November 27, 2006 as "John and Stephen Darby Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. LICENSE TO ENCROACH A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone approving Resolution No. 2006 -13, authorizing a License to Encroach at 907 - 30`" Street and authorizing the City Manager to sign the document if a variance is granted by the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 5. PUBLIC HEARING A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve calling for a Joint Public Hearing between the City Council and the Planning and Zoning Commission to be held January 22, 2007 at 6:00 p.m. regarding the rezoning the property described as Lots 1 thru 10, Block 2, J. D. Ford Addition, from Light Industrial to Single - Family Residential Zoning. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. Minutes continued, November 27, 2006 6. ORDINANCE Andre' Wimer, City Manager, explained that proposed Ordinance No. 2006 -16, utility rates and regulations, was drafted in order to correct an error in calculations. The most significant proposed change involves the manner in which customers with a single meter that serves multiple units (apartments, trailer parks, shopping centers, etc.) will be billed. Currently, such customers are assessed a single minimum bill charge ($15.70 for water and sewer) for the first 2,000 gallons and then the charge for each additional 1,000 gallons ($5.15 for water and sewer) is applied. As proposed, a minimum bill would be applied to each unit and, as calculated by staff based on historical consumption data, the net effect is approximately a $5.40 per unit increase per month. This amount of increase occurs because the addition of the minimum bill charges ($15.70), which includes 2,000 gallons, removes a portion of the additional 1,000 gallon ($5.15) charges. Ricky Salenga, Cottages of Nederland, Inc., questioned the City's need to increase the water rates at this time. He asked if the rates would be based on 100% occupancy because many apartment complexes are still being renovated due to damage caused by Hurricane Rita and most are not fully occupied. Mr. Wimer stated that some cities base their rates on 90 -95% occupancy and that is something that the City Council may want to consider. Mr. Salenga also asked about the possibility of having each apartment metered. Mr. Wimer informed him that he could certainly have that done but all the lines, meters, etc. would be paid for by the owners, not the City. am David Schaper, TriPro Mangement, Inc., stated that rent is based on market in factors and not on what they feel individual renters use per household. He added that renters have signed at least a 12 -month lease, therefore, any increase in rent must wait until the lease expires or another renter moves in. An increase in rates by any entity causes the value of his property to decrease. Mr. Schaper further stated that this proposed increase is 100% profit to the City with no additional services being added for tenants. Lloyd Kemp,104 -116 Nederland Avneue, stated that he has owned this complex for three months and that his tenants also have a 12 -month lease, therefore, he could not pass along an increase until those leases expire. He asked that the City Council consider not approving the entire increase at one time, but perhaps over time. Mr. Wimer asked the Council if they would like to consider postponing the increase to allow for the owners to plan for an increase, as well as consider a lower than 100% occupancy rate. Councilmember Sheffield suggested that the increase be effective July 1, 2007 and possibly allow for an owner to justify why his occupancy rate should be lower than that stated in an ordinance. Joseph Neumann, 723 South 14`h Street, agrees that the City should have rates that are the same for everyone and the proposed increase should be ., enacted. 24'7 2 { U Minutes continued, November 27, 2006 Jodi Wood, 2901 Helena, stated that her complex is considered townhomes because they are owned by the tenants and asked if this increase would also apply to them. Mr. Wimer stated that due to the fact that the complex only has a master meter that the increase would be added to their water bill too. He added that homeowners with individual meters pay for exactly what they use, whereas renters are all different and there is no way to determine who actually uses the most water. Jeff Ortiz, 1003 Avenue B #16, thanked Mr. Wimer for his explanation of why the City has proposed an increase. He also agreed that the effective date of July I" would be easier for the owners to plan for. Mr. Wimer suggested that the increase be effective July 1, 2007, with a 90% occupancy rate. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve Ordinance No. 2006 -16, utility rates and regulations, contingent upon Sections 10 and 11 becoming effective July 1, 2007, and adding a 90% occupancy rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. REQUEST Firdous Hamani, 2223 Nederland Avenue, addressed Council relative to requesting a delay in the demolition order that was issued by the City Council on August 28, 2006. The notices that were sent to him by the City were intercepted by a family member and were never received by him. Mr. Hamani stated that he still has a loan on this property and has been dealing with his insurance company since Hurricane Rita. He would like to make the necessary repairs to the store and gas pumps so that he can reopen as soon as possible. He added that he has a contractor hired to secure the building. Andre' Wimer, City Manager, suggested that if the Council chooses to deny his request City staff will proceed to solicit quotes to demolish all the property that has been ordered demolished. If Mr. Hamani would begin repairs immediately staff will notify Council at the next meeting of any progress he has made. The next agenda will have an item to approve demolition quotes and this property will be included on the list of properties to be demolished. If Mr. Hamani does have the building up to code by the next meeting then the Council could then have the opportunity to proceed or stop the demolition order. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to deny a request from Firdous Hamani to delay demolition of the property located at 2223 Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 249 Minutes continued, November 27, 2006 S. TEXAS COMMUNITY DEVELOPMENT PROGRAM A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Resolution No. 2006 -16, designating signatories for the City's Texas Community Development Block Grant from the Office of Rural Community Affairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. BIDS /PROPOSALS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Griffin to authorize the advertisement of bids for the water and sewer line replacement CDBG project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 10. STREET LIGHTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to authorize the installation of street lights at the following locations: 203 - 24`h Street and 920 South 29`h Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. W 11. PAYMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to approve payment to N & T Construction Co., Inc. in the amount of $578.70, renovations to the Recreation Center and Hughes Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Griffin to approve payment to Don S. Reichle & Associates, Inc. in the amount of $2,600.00, storm damage repair of South 5`h Street and Canal Avenue water tanks, and repair and painting of Hardy Avenue water tank. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve payment to Excavators & Constructors, Inc. in the amount of $9,568.33, emergency repairs to water line at the Water Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve payment to Schaumburg & Polk, Inc. in the amount of $930.00, wastewater discharge permit. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to approve payment to N & T Construction Co., Inc. in the amount of $38,563.93, renovations to the Fire Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve payment to The LaBiche Architectural Group, Inc. in the amount of $1,715.62, Hurricane Rita restoration to City buildings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Griffin to approve payment to Schaumburg & Polk, Inc. in the amount of $9,831.99, Beauxart Garden Road improvement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 12. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 13. OFFICIALS' COMMENTS None. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 8:10 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. R. A. Ku ge f, Mayor ATTEST: LaDori is Floyd, City CI r c 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member —Ward II t/ Debby Griffin Council Member —Ward III ✓ Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk V/ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorney Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager 1/ R. A. Nugent, M r LaDonna Floyd, City Clerk I - -2'?- p(" Date CITY OF NEDERLAND RESOLUTION NO. 2006-16 WHEREAS, the City of Nederland has been awarded a Texas Community Development ' Program Grant for $500,000.00 from the Office of Rural Community Affairs, Contract Number DRS 06 0058, and WHEREAS, this Grant will provide for funding of generator, fuel tanks, Engineering, and Building Inspections; and WHEREAS, certain contractual documents will need to be signed by authorized persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the below listed individuals are designated by the City Council of Nederland as authorized signatories for the following contractual documents: STATE OF TEXAS PURCHASE VOUCHER a. Andre' Wimer, City Manager b. LaDonna Floyd, City Clerk 2. REQUEST FOR PAYMENT a. Andre' Wimer, City Manager b. LaDonna Floyd, City Clerk PASSED AND APPROVED by the City Council of the City of Nederland this the Ji day of Y )6L(� (/,(A —2006. R. A. Nu nt, Wyor City of NederIffid, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, Cityokttomey City of Nederland, Texas ' CITY OF NEDERLAND ORDINANCE NO. 2006-16 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. 2006-10. 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, i) the signature of the individual responsible for payment, and j) ' proof of identification. 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Reeulations. 1. 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 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, i) the signature of the individual responsible for payment, and j) ' proof of identification. 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. SECTION 4. Installation of Service. Additional Cost for Street Excavations 1. No private service lines shall be connected or tapped to any City water line unless a meter is Asphalt Concrete installed by the City at that connection. $200.00 2. No private service lines shall be connected to any City sewer line unless the connection/tap 1 F- 20' has been made and/or approved by the City. 550.00 3. Not more than one (1) premise may be connected to any one (1) water and/or sewer tap. 525.00 Exceptions may, however, be granted to this stipulation for situations involving a master 31'- 40' meter to serve apartment complexes, mobile home parks, etc. 875.00 4. No person shall make or permit to be made any subsidiary connection of another's premises 850.00 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 City Outside City (No street Excavation) (No Street Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1" Water Tap 450.00 675.00 1 t/z " Water Tap 650.00 975.00 2" Water Tap 1,400.00 2,100.00 Over 2" Water Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Caps. 1. The City reserves the right to tap existing City sewer lines. Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 1 F- 20' 375.00 550.00 21'- 30' 525.00 675.00 31'- 40' 700.00 875.00 41'- 50' 850.00 1,050.00 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Caps. 1. The City reserves the right to tap existing City sewer lines. 255 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: 8" depth/width or less Inside City Outside City (No Street Excavation) (No St-t Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City (No Street Excavation) (No Street Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Sewer Tap Cost Cost x 1.5 8" Sewer Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 ' 21' -10 525.00 675.00 31' - 40 700.00 875.00 4l'- 50' 850.00 1,050.00 SECTION 7. Water Meter and Garbaee 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 City Outside City 3/4" and Smaller Water Meter $100.00 $100.00 1" Water Meter 150.00 150.00 1 t/z " Water Meter 200.00 200.00 1 3/4 " Water Meter 250.00 250.00 2" and Larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, 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. 1 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. 25)G SECTION 9. Previous Service - Outstandine Balance. 1. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following monthly rates shall be charged for water service: * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. ** Except as required by provisions of outside City contracts. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 Gallons (minimum)* $ 8.20 $ 14.25 Each additional 1,000 gallons ** 2.40 3.60 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * *Except as required by provisions of outside City contracts. SECTION 12. Garbase 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)$ 16.55 + sales tax* Additional Container 5.00 +sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billine 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 Section 182.002 of the Texas Utilities Code, the ten percent (10 %) penalty shall not be applied to persons age 60 or 1 Inside City Outside City First 2,000 Gallons (minimum)* $ 7.50 $ 12.00 Each additional 1,000 gallons ** 2.25 4.00 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. ** Except as required by provisions of outside City contracts. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 Gallons (minimum)* $ 8.20 $ 14.25 Each additional 1,000 gallons ** 2.40 3.60 Water Line Maintenance — 0.25 0.25 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * *Except as required by provisions of outside City contracts. SECTION 12. Garbase 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)$ 16.55 + sales tax* Additional Container 5.00 +sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billine 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 Section 182.002 of the Texas Utilities Code, the ten percent (10 %) penalty shall not be applied to persons age 60 or 1 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 Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. SECTION 15. Re- connection Charees. 1. Should utility service be discontinued due to non - payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. The re- connection fee shall be $20.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). The re- connection fee shall be $45.00 if reinstatement of utility service is requested after working hours. If . customer does not have a $200 deposit on file, he will be required to pay a deposit in addition to the account balance and reconnection fees before utility service is reconnected. 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. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice, water will be immediately disconnected. 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 two (2) 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. During the 24 month period, all payments shall subsequently be made in the form of cash, money order, and/or cashier's check. SECTION 18. Temoorary 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. , 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 I be permitted to establish additional payment schedules until full payment has been received on the initial /existing payment schedules. ' SECTION 21. Sewer Adjustments. 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. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance 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 sewer adjustment be granted if the City notified the customer of a potential water leak on his/her property. 5. Sewer adjustments will be limited to one per twelve month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. SECTION 22. Meter Tampering. 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. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the City. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where a meter has been interfered with, disturbed, or damaged. 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, defined as green waste and/or any other bulky items not able to be placed into the standard City garbage container, from empty (undeveloped or vacant) 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 equivalent to the actual costs of personnel, equipment, and disposal fees. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such ' service shall be provided at the discretion of the City dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals /companies hired by the property owners. SECTION 24. Validation. 1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect 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 December 1, 2006. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 27`h day November 2006. f %%, R. A. Nugent ayor City of Nederland, Texas ATTEST: C7�1Jo�� C% LaDonna Floyd, City Cl9k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: _� Richard D. Hughes, City Attorney City of Nederland, Texas 1 II � u REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING December 11, 2006 The meeting was called to order at 3:00 p.m. by Mayor R. A. Nugent 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 Sheffield and seconded by Councilmember Neal to approve the minutes of the November 27, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. PRESENTATION Wanda Hollier, on behalf of the Nederland Chamber of Commerce, the Nederland Economic Development Corporation, and the Nederland Heritage Festival, presented Andre' Wimer, City Manager, with a plaque thanking the City of Nederland Officials and Staff for the work done during the aftermath of Hurricane Rita. 4. PUBLIC HEARING A motion was made by Councilmember Rogers and seconded by Councilmember Sheffield to authorize a Joint Public Hearing to be held on January 22, 2007 at 6:00 p.m. between the City Council and the Planning and Zoning Commission regarding the establishment of a zoning classification for the area annexed on October 9, 2006. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to authorize a Joint Public Hearing to be held on January 22, 2007 at 6:00 p.m. between the City Council and the Planning and Zoning Commission regarding the rezoning of the property describ4ed as Lots 11 -12, Tracts 1 -4; Lot 13, Tracts 2 -9, Pleasant Home Addition; and, Lots 40 -43, Tract 2; Lots 44 -45, Tracts 1 -3; Lots 46 -48; Lots 52 -55, Lot 56, Tracts 1 -2; and Lots 57 -67, Pleasant Home Replat Addition from Single Family Zoning to Multi - Family Zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. LNoes: None. 2, G Minutes continued, December 11, 2006 S. POLICIES/ PROCEDURES A motion was made by Mayor Nugent and seconded by Councilmember ' Rogers to continue the existing Investment Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. BIDS /PROPOSALS A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to award proposals received for repairs to the City Council Chambers to Coleman & Associates, Nederland, TX, in the amount of $23,040.89. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Rogers to authorize the receipt of proposals for demolition of structures previously approved for removal by the City Council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember ' Sheffield to approve the payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. S. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Neal to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 9. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that he and Steve Hamilton, Director of Public Works, met with representatives of TxDOT regarding funds that may be available for beautification. Two projects that may be considered for Nederland would be a welcome sign located at the entrance to the city limits along Twin City Highway, and possibly some type of pavers placed in the medians along South Twin City Highway. Mr. Wimer added that he would report further information as it becomes available regarding this new ' program. He also reminded Council that last year the City received notice to apply for mitigation grant funds, however, as it turns out the engineering analysis required far exceeds the actual cost of potential projects. He would Minutes continued, December 11, 2006 recommend that we decline to submit an application for these grant funds. Lastly, Mr. Wimer reported that staff met with the contractor and the State regarding the CCN on the newly annexed area and the City will begin the process of attempting to obtain dual certification for water, if approved, the property owner would choose the water provider. Aqua Texas currently holds the CCN for the area. The City will also submit a request to acquire a sewer CCN for this area; there is no current service provider. Councilmember Rogers reported that on a recent trip to the Kemah, Texas area his wife noticed ornamental carvings placed in various locations throughout that city and she thought that something similar could benefit the downtown area of Nederland. He added that perhaps this would be a project that a civic organization would consider. Councilmember Sheffield asked about the City's dangerous dog ordinance relative to an after hours attack. Chief Bush stated that there is an officer on duty at all times to handle emergencies. Mr. Wimer added that a citizen has requested that a section be added to our animal ordinance to require pet owners to be responsible for their pets when they are allowed to defecate on private property. Rick Hughes, City Attorney, reported that he is reviewing the animal control ordinance at this time and will report back to Council in the near future. 10. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 3:51 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. ATTEST: I LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, or City of Nederla d, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member —Ward I ✓ Billy Neal Council Member —Ward II ✓ Debby Griffin Council Member — Ward III Bert Rogers Council Member —Ward IV Andre Wimer City Manager LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works t/ Rod Hatch Buildin Official Victoria Klehn Librarian l/ Kelly Galloway Assistant to the City Manager R. A. Nugent, t4jyor LaDonna Floyd, City Clerk /'2-// -O Date U U 1 n � REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 18, 2006 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the minutes of the December 11, 2006 meeting as written. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 3. REQUEST Brian Grant, 1416 Avenue E, addressed the Council to request that they consider amending the animal control ordinance. He stated that there is a vacant house near him that the owners are allowing their cats to live in. The property owner comes by the house each week to feed the cats and does not take any further responsibility. Mr. Grant would like for the City to prohibit property owners from allowing animals to live in vacant houses. These cats are responsible for causing damage to area yards by being allowed to roam the neighborhood. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to instruct the City Manager and staff to research the City's current animal control ordinance and make a recommendation to Council. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 4. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Griffin to approve a payment to d.p. Consulting Engineers, Inc. in the amount of $5,000.00, TCDP water /sewer improvements project. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Councilmember Neal to approve a payment to Schaumburg & Polk, Inc. in the amount of $11,740.58, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. n rr� L U. E3 Minutes continued, December 18, 2006 A motion was made by Mayor Pro Tern Griffin and seconded by Councilmember Neal to postpone a payment to N & T Construction Co., Inc. in the amount of $9,622.30, renovations to the Fire Station, pending clarification on items included in the bill. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sheffield and seconded by Mayor Pro Tern Griffin to approve a payment to N & T Construction Co., Inc. in the amount of $44,116.10, release of retainage for renovations to the Recreation Center and Marion and Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. 6. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the library received a grant from the Hebert Foundation for approximately $38,000.00. He also reported that ' City staff has been in talks with Severn Trent regarding their contract to operate the Wastewater Treatment Plant. City staff is currently studying the feasibility of the City retaining operations. If the City could operate the plant with the same level of personnel as Severn Trent then it may be possible to operate the plant with fewer funds. The contract, which expires on March 1, 2007, has a 60 -day termination notice requirement for both parties. Mr. Wimer added that he would report staff's recommendation in the near future. 7. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Griffin to adjourn the meeting at 6:35 p.m. MOTION CARRIED. Ayes: Mayor Nagel, Councilmembers Sheffield, Neal, Griffin, and Rogers. Noes: None. - MA4=&�- R. A. Nugent, I yor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas I CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Tim Sheffield Council Member Billy Neal Council Member Debby Griffin Council Member ✓ Bert Rogers Council Member ✓ Andre Wimer City Manager ✓ LaDonna Floyd City Clerk ✓ Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Building Official (� Victoria Klehn Librarian �✓ Kelly Galloway Assistant to the City Manager R. A. Nuge , Mi-- LaDonna Floyd, City Clerk l -�2—l�?-a(�v Date ti r, r, 1 1 1