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2008
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING January 14, 2008 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 Councilmember Neal and seconded by Councilmember Sawyer to approve the minutes of the December 17, 2007 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. COMMENTS Andre' Wimer, City Manager, stated that at the Council's request the discussion on a potential smoking ban in Nederland has been placed on the agenda in order to receive additional comments from citizens. Clara Burkhalter, 1444 Avenue E, stated that she would support a smoking ban. Homer Nagel, 405 - 14th Street, stated that he feels it should be the choice of the business owner to ban smoking or not in their buildings. Irene Collins, 147 Twin City Highway (Irene's Lounge, Inc.) stated that if a smoking ban were adopted in Nederland it would significantly impact her business. She added that there is not enough property around her building to construct an outside smoking area. Randy Rich, 2008 Elgin, supports a smoking ban in public places. Ruth Guilliam, 2709 Kitchen, Port Neches, TX, stated that although she does not live in Nederland she would support a smoking ban and hopes that Port Neches would do the same. Troy Foxworth, 3403 Omaha, supports a no smoking ban due to health issues. Crystal Foxworth, 3403 Omaha, gave additional statistics to support the health issues associated with second hand smoke, and added that businesses could always apply for a private club permit in order to continue to allow smoking. Minutes continued, lanuary 14, 2008 Mayor Pro Tem Rogers stated that he has talked with several restaurant service workers and the majority would support a no smoking ban. Mayor Nugent thanked everyone for their comments and stated that this item will be placed on each agenda through February in order to continue to receive comments. 4. SUBDIVISION AND ORDINANCE A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Sawyer to postpone action on approving the final plat and accepting improvements in the Lakes of Nederland subdivision; and, amending Ordinance No. 107 to allow for the installation of stop signs at various locations in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. LICENSE TO ENCROACH A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Rogers to approve Resolution No. 2008 -01, authorizing a License to Encroach at 402 Tulip Lane and authorizing the City Manager to sign the document of a variance is granted by the City. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. CHANGE ORDER A motion was made by Mayor Pro Tem Rogers and seconded by Mayor Nugent to rescind Change Order No. 1 with Jerry Wally Construction, L.P., CDBG Water and Sewer Line Project, as approved on December 17, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve Change Order No. 1 (Amended) with Jerry Walley Construction, L.P., CDBG Water and Sewer Line Project, in the amount of - $7,790.42. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. SANITARY SEWER SYSTEM Andre' Wimer, City Manager, provided information regarding the replacement of sewer lines and the potential issuance of debt to fund such a project. He added that the current program in place provides for testing approximately 1/5 of the City each year and identify necessary repairs in that area. Sewer line replacement has been delayed due to Hurricane Rita. Additional sewer line replacement would require the issuance of bonds to fund the project. At this time approximately 3 miles of lines can be replaced for $1 million. � ►its 003 Minutes continued, January 14, 2008 Mayor Pro Tern Rogers and Councilmember Sawyer stated that they would be in favor of moving forward with this project. Mr. Wimer added that a bond issue could be placed on the May ballot if a special election were ordered by the end of February. Otherwise, the next available uniform election date would be in November. Additional information will be provided at the next meeting. SERVICE CENTER Andre' Wimer, City Manager, discussed the potential construction of a maintenance building at the Service Center. He stated that a larger maintenance building would allow for all City equipment to be worked on inside rather than requiring the mechanics to be outside in the elements to perform maintenance and repairs as they currently do. The approximate cost of a new building is $175,000 and a final site has yet to be determined. The City's Fund Balance would be used to fund the building. Mr. Wimer added that additional information will be provided soon in order for Council to make a decision. 9. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, 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; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; City of Nederland v. Aqua Texas, Inc.; and consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 3:56 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 12. OFFICIALS'_ COMMENTS ho Andre' Wimer, City Manager, reported that he received a telephone call from the TCEQ regarding some City owned property along the Neches River that is designated a spoils area. It appears that the U. S. Army Corps of Engineers has been using the property to dispose of materials from their dredging project. The material has tested as hazardous. A meeting between all parties will take place in a couple of weeks to discuss the situation. 004 r j: yi Minutes continued, January 14, 2008 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Sawyer to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 1 J405 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member -Ward I Billy Neal Council Member -Ward II Debby Griffin Council Member - Ward III VZ Bert Rogers Council Member - Ward IV Andre Wimer Ci Manager LaDonna Floyd City Clerk Corrie Ze eda Actina Citv Clerk 1� Richard Hughes City Attorney1� 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, Mayor ILaDonna Floyd, City Clerk Date CITY OF NEDERLAND RESOLUTION 2008 -01 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 ERIK M. SHAW AND WIFE, STACIE A. SHAW, REGARDING ENCROACHMENTS ON LOT 7, HOLLAND HOMES 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 Erik M. Shaw and wife, Stacie A. Shaw (Licensee), pertaining to encroachments on Lot 7, Holland Homes Subdivision, a copy of said Agreement being attached and made a part hereof. PASSED AND APPROVED this the I day of l ftc, ca, 2008. LaDonna Floyd, City ClerK City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas /4 -&x R. A. Nugen,, Yiayor City of Neder and, Texas 1 f107 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING January 28, 2008 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 Sawyer and seconded by Councilmember Griffin to approve the minutes of the January 14, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. COMMENTS Andre' Wimer, City Manager, stated that at the Council's request the discussion on a potential smoking ban in Nederland has been placed on the agenda in order to receive additional comments from citizens. Rachel Holland, 1027 - 17`h Street, stated that although she is not a smoker she is against the ban. She believes that business owners should make their own decision if they want to ban smoking. Ms. Holland added that living in Southeast Texas with all the refineries is far worse than second hand smoke and that with all the expansion due in the near future we would not want to lose business to a neighboring city. Daniel Jeans, 8659 Holmes Road, spoke against the smoking ban. He also feels a ban could potentially hurt some businesses and business owners should make their own decision to be smoke free or not, Marvin Decker, 2307 Nashville, stated that he is for a smoking ban. Albert Culver, 2911 Memphis, is for a smoking ban because of the hazards of second hand smoke. He read statistics regarding a national smoking ban in Ireland. Nicholas Phillips, 7762 Green Avenue, is against the smoking ban. He added that this is not the time to implement a smoking ban because with all the expansion in the area Nederland could see an increase in business and would not want to lost potential new business to another city. Mark Redwine, 3612 Central Boulevard, spoke in favor of a smoking ban and prefers to eat in non - smoking restaurants. Ent Minutes continued, January 28, 2008 Diane Redwine, 3612 Central Boulevard, also spoke in favor of a smoking ban. Robert Manual, 2115 Avenue M, stated that he is against a smoking ban because business owners should decide if they want to be smoke free. Mike Johnson, 316 - 15`h Street, is also opposed to a smoking ban. He added that although he is a non - smoker and chooses to patronize the businesses that are smoke free he feels government should not be able to dictate how a business owner operates. Mr. Johnson stated that if the ban is adopted the City should offer some kind of tax break for those businesses who will have to construct an outdoor patio to accommodate smokers. Kelsy Stewart, 14th Street, spoke in favor of a smoking ban. April Jeans, 2715 Vernon, is for a smoking ban. 4. WAIVER A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to authorize the Jefferson Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. SUBDIVISION A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve the final plat for the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Nugent to accept the improvements in the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. ORDINANCE A motion was made by Councilmember Sawyer and seconded by Mayor Nugent to approve an Amendment to Ordinance No. 107 to allow for the installation of stop signs at various locations within the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. @09 Minutes continued, January 28, 2008 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve a contract with DSR & Associates for inspection of the Canal Avenue water tower, preparation of rehabilitation bid documents; and management of the repair project in an amount not to exceed $24,225.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. ELECTION A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve Resolution No. 2008 -02, calling for an election to be held May 10, 2008 for the purpose of election a Mayor and two (2) Councilmembers - one from Ward II and one from Ward IV, and appointing a Clerk for Early Voting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the quarter ending December 31, 2007. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to accept the Quarterly Investment Report as presented (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. SANITARY SEWER SYSTEM Andre' Wimer, City Manager, stated that this item was placed on the agenda to once again discuss the potential funding for sewer line replacement. He added that staff is suggesting a bond issue be placed on the May 10, 2008 ballot in the amount of $4.5 million. This amount would allow for the replacement of 12.39 miles. Of this amount, approximately $200,000 would be allocated for bond issuance and insurance costs. The remainder, $4.3 million, would then be available for construction costs. If approved by the voters, the tax increase would amount to approximately 4.5 cents per $100 assessed valuation. Should the City Council be agreeable to this project, staff will prepare the documents necessary to order an election and place this item on the next agenda. ' It was the consensus of the City Council to place this item on the next agenda. 010 Minutes continued, January 28, 2008 11. SERVICE CENTER Andre' Wimer, City Manager, explained that this item was back on the agenda to discuss the potential construction of a maintenance building at the Service Center. He presented a map with the proposed construction site for Council review. Staff has estimated the cost to be $175,000. Mr. Wimer added that if Council is agreeable staff would begin preparation of the necessary bid documents. The City Council agreed the building would be an asset to the City and advised the City Manager to prepare the necessary documents. 12. PAYMENTS A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to approve final payment to Jerry Walley Construction, L.P., CDBG Water and Sewer Line Project, in the amount of $86,203.63. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None, 14. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that as part of the Lakes of Nederland subdivision approval it will no longer be necessary to obtain dual certification for the water system. Richard Hughes, City Attorney, will research the methodology to withdraw the request from the TCEQ. Mr. Wimer also reported that the City of Groves placed on large pile of green waste at the old landfill site after Hurricane Rita that has never been disposed of. They have since received bids to have a contractor chip the green waste. All three cities have placed additional green waste at the site after Hurricane Humberto and the same contractor has agreed to chip all the materials for approximately $20,000 per city. He informed Council that work began today on the site of the CDBG grant generators for the Fire and Police Stations. There will be remaining funds from the grant and the State has approved the purchase of two generators for the Water Treatment Plant. f Minutes continued, January 28, 2008 ' 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 7:10 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 R. A. Nugent, Mayor City of Nederland, Texas 4111 012 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member —Ward I L Billy Neal Council Member —Ward II Debby Griffin Council Member —Ward III t/ Bert Rogers Council Member —Ward IV tom' Andre Wimer City Manager LaDonna Floyd City Clerk 4 Corrie Zepeda Acting City Clerk Richard Hughes City Attorneyi Darrell Bush Police Chief f Gary Collins Fire Chief Cheryl Dowden Director of Finance Steve Hamilton Director of Public Works r/ Rod Hatch Building Official Victoria Klehn Librarian v Kelly Galloway Assistant to the City Manager R. A. Nugent, Mayor LaDonna Floyd, City Cler k' Date 1 �l 1 AN AMENDMENT TO ORDINANCE NO. 307 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 — STOP SIGNS A stop sign shall be erected on Priya Boulevard at Beauxart Garden Road A stop sign shall be erected on Priya Boulevard at Lake Placid Drive,north and south bound A stop sign shall be erected on Priya Boulevard at Divya Boulevard A stop sign shall be erected on Lake Tahoe at Priya Boulevard A stop sign shall be erected on Lake Powell Drive at Priya Boulevard, east and west bound A stop sign shall be erected on Lake Placid Drive at Priya Boulevard, east and west bound A stop sign shall be erected on Ontario at Divya Boulevard A stop sign shall be erected on Superior at Divya Boulevard A stop sign shall be erected on Erie at Divya Boulevard A stop sign shall be erected on Divya Boulevard at Holmes Road A stop sign shall be erected on 36'h Street at Franklin Avenue, north and south bound ARTICLE XVII. SECTION 133 — EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED �Yj THE CITY COUNCIL of the City of Nederland, Texas this the day of �i 2008. R. A. Nuge Mayor City of Nederland, Texas ATTEST: 'Z /' .__ ..� LaDonn Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City &oFney City of Nederland, Texas 013 014 7,11 Ave AGREEMENT BETWEEN OWNER.ANLD ENGINEER FOR PROFESSIONAL SERVICES THIS IS &N AGREMPUT effecLlve as of 2008 Fflective Date-1 isetween CITY OF NEDERLAND. TEXAS (- Owner") and DONS, MICITLE & ASSOCIATM INC. 9 S) ,'"EnCneer-) Engineer agrees to provide the services deser.bed below Repairs • Pa;.nt4ng of Canal Ave to Owner for Elevated Water Stor"e Tank Description of Engineer's Servioes: Inspection & Repart; Contract documents, ptAns. speolficataons & contractor recommendation, Construction Monitoilne, during field work, i Sipe attached Proposal dated. January= 31. 2007 - Attachment . ... . ... . ... ... . ...... ... ... . . .... . ... I Owner and Engneer Further agree as ou follawing pages: I ct 3 1 1,01 Basic Agreement A. Englneer shall provide, or cause to be provided, the senators set forth in this Agreement, and Owner shall pay Engineer for such Serv.t�ezq as set forth in PsragraVli �,0 1 and Paragraph 10 0 1 2,01 Payment Procedtires A. Preparation oflrzvoroes. Enoneer will prepare a monthly lmvoice in accordance with En tieer*s standard invoicing practices and ,,uhrrut the ,,nvoice to Owner 13, 1�yvierrt or Invoices- Invoices am due and payable within W days of receipt If owner falls to make any payment due Engineer for services and expenses w-A-hin 30 days after receipt of Engineers invoice, the amounts due Engineer will be increased at the rate of 1,5146 per month from said thirtieth day. In addition, knginecr may, without habiRcy. after giving seven days written notice w Owner, suspend services under this Agreement until Frigineer has been paid in full all amounts due for services. expenses, and other related charges. Payments will be credited first to interest and then to principal, &01 Additional Services A. If atithor4zed by Owner. or It required because of changes in the Proj t, Engineer shall furnish services m addition to those set forth above. B. owner shall pay Engineer for such additional sennees as follows: For additional services of Engineer's employees engaged directly an the Project an amount equal to the cumulative hours charged to the Project by each class of Engineers employees times standard hourly rates for each appLca &ble billing class; plus reimbursable expenses and Fugineer's consultants' charges, if any. 4DI Termination A, The obligation to provide further services tinder this Agreement may be ternimatew. I For cause, a 13y either party upon W days wrtt.--,n notice ;n the event i:,f substantial failure by the -nher party to perform in acu,,,n ance with the Agreemenls terms through no fault of the terminating party. b By Engineer: 1) upon seven days written notice if Engineer NAleves that Engineer is being requested by Owner to fiarnish or perform services contrary to Engineer's responsibilities As a licensed professional: or 2) upon seven day-swi-tten notice if the Engineers services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control 31) Engineer shall have no liability to Owner on account of such termination. P-- Notwithstanding the foregoing. this Agreement will not terminate as a result of a substantial failure under paragraph 4.0I A. I -a If the party receiving such notice begins, within seven days of receipt of such notice, to correct its Whir- arid proceeds diligently to cure such failure within no more than 30 days of receipt of notlee, provided, however. that if and to the extent such substantial failure, cannot be reasonably cured iv;lthiri such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided far herein shall extend up w, but in no case more than lit) days after the date of receipt of the notice. 2. For conveniarice, by Owner effective upon the receipt of notice by Engineer 2 ,A 11 B The terminating parry under paragraphs 4.OLAA or 4.01.A.2 may set the effective date Of termination at a time tip to 30 -days later than otherwise provided to allow Engineer to demobilize personnel and eqtapment fftin the Project site. to complete task.,, whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files, 5.01 Controlling 1,aw A. 'this Agreement is to be governed by the law of the state in which the Project is located (3,01 Successors, Assigns, and Beneficiaries A- ruwner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer land to the extent permitted by paragraph 6.01,B the assign., of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of Wis Agreement. B, Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (=Audllng, but without limitation. moneys that are due or may become due) in this Agreement without the written consent of the other, ext�ept to the extent that any assignment, subletting, or transfer ;s mandated or restricted by law, Unle," specifically stated to the contrary a any written consent to an assignment no assignment will release or d;scharge the assignor from any duty or responsibility under this Agreement. I J -0 1 General Considerations A. The standard of care for all professimial englueeeling and -elated services performed or ftirm3hed by Engineer under this Agreement will be the --are and skill ordinarily used by niembers of the sublet profession practicing under similar eircums•ances at the same time and in the same loralfly. Engineer makes no warranties, express or mipiled. under this Agreement ur otherwise. in connection with Engineer-s services. Engineer and its consUltants may use or rely upon the design services of others. including, but not lunited to, contractors, manufacturers, and suppliers. B. Engineer shall not at any time supervise, direct, or have control over any contractor-s work, nor shall Enguiect, have authority over or responsibility for the means. methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs inctdent to a contractor-,s work progress, nor for any failure of any nontractor to comply with laws and regulations applicable to contractor=s work, C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any conuwtor• -s failure to fu-T-wsh and perform its work in accordance with the contract, between Owner and such contractor. D. Engineer shall not be responsible for the acts or emissions of any contractor, subcontractor, or - supplier, or of any contractor--s agents or employees or any other persons (exempt Engineer- s own employees) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction oontraPt Oven by Owner without consultation and advice of Engineer. E, The general conditions for any construction contract documents prepared hereunder are, u"i be the `Standard General Conditions of the Construction Contraot4 as prepared by the Engineers Joint Contract Documents Committee (No C - ~00, latest Xdition). F All design documents prepared or furnished by Fog ae(-r are instruments of service, and Engineer retains an ownership and property interest (Including the copyright and the right of reuse) in such documents, whether or not the Project Is completed. I 3 of 5 I G. To the fullest extent permitted by law. Owner and Fngnueer k I :valve against each other, and the other's employees, officers, directors, Agents, insurers, partners, and consid aats, any and all claims for or entitlement to special, Incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and e2) agree that Engineer's total liability to Owner tinder this Agreement shall be limited to the total amount of compensataon received by Engineer The parties acknowledge that Engineer=s scope of services does not include any services related w a Hazardous Environmental 'Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition. Engineer may, at its option and without liability for Consequential or any other damages. suspend performance of services on the portion of the Project affected thereby until Owner, z) retains appropriate specialist consultants or contractors to =dent*and. as appropriate, abate. remettiate, or remove the Hazardous Environmental Condition, and (Ii; 1warrant.4 that the Site is in nA! compliance -vorith applicable Laws and Regulations &0I Total Agreement A. This Agreement (consisting of pages 1 to 5 inclusive together with any expressly incorporated exhibits), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings, This Agreement may only be amended, supplemented. modified, or canceled by a drily executed written Instrument, 4 on G 9.01 Payment — A. Using the procedures set forth in paragraph 2.(71, Owner shall pay Efigineer for services .n accordance with Attachment "A" as fall ows: I I Preliminwy Phase $4.5 50, 00 2 Design, Phase -iiKl _7500 ii- 56-00 -W-exceed 3 construction Phase mum not 1,11 WIT, TITESS WHEREOF, the pay-ties hereto have executed this Agreement, the Eff'ontive D&W, of which s:ndwaLf-d on page I. OWNER: ENGINEER DSH k- Assooaates, BY BY, 'ntle: Date Signed: Address for giving notices. _C.itj -i _Lf Nederland Address(Madiug)` Address (Physical) City. States Zip Phone: Fax- ,am Date Signed, Address for Ontig notices: D814. & Associates, Inc . --.' -- . ....... .... Address Mailing 5010 Jerry Ware Dr, Address (,Physicah Same Beaumont. TX '7706 Phone: 409-722-2242 Emall- dsr@tankdoe.com 50 �' 019 RESOLUTION 2008 -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 10, 2008; 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 10, 2008 there shall be elected the following officials for this City: One (1) 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. 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, 2008, 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 91't 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 9, 2008, which is a Saturday, therefore, will be moved to the next regular business day, February 11, 2008 at 8:00 a.m., with the last day for filing to be March 10, 2008 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 (12`h) day and continuing through the fourth (4`h) 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 7:00 020 p.m. on Tuesday, April 29, 2008 and Tuesday, May 6, 2008. 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. Paper ballots shall be used for early voting by mail and for provisional ballots. The AccuVote -Touch Screen (TS or TSX) (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the AccuVote -Touch Screen (TS or TSX) (DRE) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this,k?vt day of January, .2ooy - R A. Nugentayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, City torney City of Nederland, Texas eee '41- AL j QzT R.R. "Dlcx' Pjugki i Ayor Berl R-gem, Mayv Pro rem Holy e,t -m"we" Imosimew Report For [lie Quarter Fritfing DiLvember 31. 2007 'I 1w. ictvrt has hcoun pircparvd in accordancc wth the Public f•jnds Imestniew Act (Section Owcrumvit Godc). w1ii.ch rcipires t1i;It a quarterly rqiort he SU tmtted Lo City ('411111vil detailing ifives,1111cat 11Insaclions mid 1wrformalivc fot 'tic rvvcnt;IIg Period, 'Stibmitted by (lie investment Officcrs of the OtN` ol',Ncdcrland AtIdYO' WiMer. City MIJITUtC AJ . el Cheryl wden. Director ofFinance "Progrummed. Nederland Wiy Neal Cowu;dm*vux-o oetiby Gfitf�o Councilrofmnbt4 Awlyo Wkner, City Managot =E �?7 . �411q, j-�' -ibl� • FAX f400� 12:�-15 '50 Imosimew Report For [lie Quarter Fritfing DiLvember 31. 2007 'I 1w. ictvrt has hcoun pircparvd in accordancc wth the Public f•jnds Imestniew Act (Section Owcrumvit Godc). w1ii.ch rcipires t1i;It a quarterly rqiort he SU tmtted Lo City ('411111vil detailing ifives,1111cat 11Insaclions mid 1wrformalivc fot 'tic rvvcnt;IIg Period, 'Stibmitted by (lie investment Officcrs of the OtN` ol',Ncdcrland AtIdYO' WiMer. City MIJITUtC AJ . el Cheryl wden. Director ofFinance "Progrummed. O22 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2007 Investments at Beginning of Period (10 -1 -07) Purchases Maturities Investments at End of Period (12- 31 -07) Maturity Summary at December 31, 2007 $ 4,319,837.02 51,621.55 0.00 $ 4,371,458.57 ❑ Less than 3 months ❑ 3 to 6 months ® 7 to 9 months ■ 9 to 12 months 1 u 1 City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2007 1 1 Fund Allocation at December 31, 2007 Other 1.01 %] Police Narcotics Fund 1.05% i Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% Balance Balance 10/01/2007 Purchases Maturities 12/31/2007 General Fund $ 3,194,071.42 $ 38,257.35 $ 3,232,328.77 Library Fund 31,320.22 255.37 31,575.59 Water & Sewer Fund 961,163.43 11,512.41 972,675.84 Motel Occupancy Tax Fund 11,685.01 139.92 11,824.93 Solid Waste Fund 785.33 9.46 794.79 Police Narcotics Fund 45,180.40 541.17 45,721.57 Bond Redemption Fund 75,631.21 905.87 76,537.08 $ 4,319,837.02 $ 51,621.55 $ - $ 4,371,458.57 Fund Allocation at December 31, 2007 Other 1.01 %] Police Narcotics Fund 1.05% i Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% 024 Investment Report Schedule Investments for the Quarter ended December 31, 2007 CERTIFICATES OF DEPOSIT Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount December 31, 2007 Held at December 31, 2007 Library Special Fund 1481085106 02/20/07 12/31/07 316 3.20% 10,000.00 $ 83.12 Total Interest Earned on CDs for the quarter ended December 31, 2007 $ 83.12 Total Certificates of Deposit held at December 31, 2007 $ 10,000.00 1 1 1 Investment Report Schedule Investments for the Quarter ended December 31, 2007 IINVESTMENT POOL - TEXPOOL General Fund Water & Sewer Bond Redemption Fund Motel Occupancy Tax Fund Library Special Solid Waste Fund Police Narcotic Fund Period Held 10/01/07 12/31/07 10/01/07 12/31/07 10/01/07 12/31/07 10/01/07 12/31/07 10/01/07 12/31/07 10/01/07 12/31/07 10/01/07 12/31/07 Totals for TEXPOOL Investments 1 1 $ 4,309,837.02 $ 51,621.55 $ 4,361,458.57 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value 1 4.73% $ 3,194,071.42 $ 38,257.35 $ 3,232,328.77 1 4.73% 961,163.43 11,512.41 972,675.84 1 4.73% 75,631.21 905.87 76,537.08 1 4.73% 11,685.01 139.92 11,824.93 1 4.73% 21,320.22 255.37 21,575.59 1 4.73% 785.33 9.46 794.79 1 4.73% 45,180.40 541.17 45,721.57 $ 4,309,837.02 $ 51,621.55 $ 4,361,458.57 $ 52,557.58 1 1 Investment Report Schedule Investments for the Quarter ended December 31, 2007 INTEREST EARNED ON DEMAND DEPOSITS , Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate December 31, 2007 Bond Redemption Fund 10/01/07 12/31/07 1 3.15% $ 388.08 Court Technology Fund 10/01/07 12/31/07 1 3.15% 32.60 Equipment Replacement Funds 10/01/07 12/31/07 1 3.15% 5,031.98 General Fund 10/01/07 12/31/07 1 3.15% 28,560.68 Library Special Fund 10/01/07 12/31/07 1 3.15% 233.86 MCML Dispatch 10/01/07 12/31/07 1 3.15% 1,367.07 Motel Occupancy Tax Fund 10/01/07 12/31/07 1 3.15% 55.26 Parks & Recreation Special Fund 10/01/07 12/31/07 1 3.15% 8.46 Police Narcotic Fund 10/01/07 12/31/07 1 3.15% 1,354.03 Solid Waste Fund 10/01/07 12/31/07 1 3.15% 8,546.79 SRF Construction & Escrow Funds 10/01/07 12/31/07 1 3.15% 1,905.61 SSES Fund 10/01/07 12/31/07 1 3.15% 3,312.10 W & S Certificate Fund 10/01/07 12/31/07 1 3.15% 601.37 Water & Sewer Fund 10/01/07 12/31/07 1 3.15% 1,159.69 Wastewater Construction Fund 10/01/07 12/31/07 1 3.15% 0.00 $ 52,557.58 1 1 1 1 1 Investment Report Schedule December 31, 2007 Interest Earnings for Quarter Ended December 31, 2007 Bond Redemption Fund $ 1,293.95 Court Technology Fund 32.60 Equipment Replacement Funds 5,031.98 General Fund 66,818.03 Library Special Fund 572.35 MCML Dispatch 1,367.07 Motel Occupancy Tax Fund 195.18 Parks & Recreation Special Fund 8.46 Police Narcotic Account 1,895.20 Solid Waste Fund 8,556.25 SRF Escrow & Construction Funds 1,905.61 SSES Fund 3,312.10 W & S Certificate Fund 601.37 Water & Sewer Fund 12,672.10 $ 104,262.25 ,027 028 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 11, 2008 1 1. 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 Councilmember Sawyer and seconded by Councilmember Griffin to approve the minutes of the January 28, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. COMMENTS Mayor Nugent announced that the City Council is once again seeking citizen comments on a potential enactment of a smoking ban in public places. Joe Roberts, 8504 Shady Cove, Port Arthur, TX thanked the Council for their service to the community. He stated that he is in favor of a smoking ban and asked that Nederland not wait to see what the other area cities do, but to let them follow our lead by adopting a smoking ban. Mark Redwine, 3612 Central Blvd. (outside City limits), stated that he is in favor of a smoking ban. Daniel Jeans, 8759 Holmes Road, spoke against a smoking ban. He added that since the last City Council Meeting has spoke to smokers and non- smokers to get their opinion on the potential smoking ban and the consensus was that most felt it could have an adverse economic impact on Nederland. Mr. Jeans stated that is a smoking ban is enacted then businesses should be given a tax break if they construct an outside patio area to accommodate their smoking customers. He also believes that government should not dictate how a business owner operates his own business. Rhona Bobo, owner of Headquarters Salon, 1228 Boston Avenue, stated that she is against a smoking ban. As a business owner she feels that she should be able to decide if her establishment is smoke -free. If a customer comes in her salon and is bothered by smoke they simply ask the smoker to go outside. Shane and Edith Bomgardner, 924 South 14`h Street, were both for the smoking ban. 0.29 Minutes continued, February 11, 2008 Danny Whipple, 1324 Jackson, stated that he is for a smoking ban. Mrs. Redwine, 3612 Central Blvd. (outside City limits), is for a smoking ban and does not believe it would hurt the restaurant business to be smoke free. Darla Redwine, 1152 Hill (outside City limits), stated that she is for a smoking ban. She added that she tries to shop in Nederland whenever possible. She also stated that she does not believe it would hurt potential new business if our City were smoke free. Crystal Foxworth, 3403 Omaha, approach the City Council regarding a potential smoking ban in public places because she feels second hand smoke is a health hazard. She responded to those who spoke about the issue of government telling business owners how to operate their business, she added that this already is happening through the Health Department and all the rules and regulations they have for restaurants. Rhona Bobo asked to speak again to say that it is known that the air quality in Southeast Texas is far worse than second hand smoke. Troy Foxworth, 3403 Omaha, feels the economic impact would not be felt as much as some think. He feels that if a few smokers decide to take their business out of Nederland this would surely not have an effect on the City economy. He is for a smoking ban for health reasons. Daniel Jeans spoke again to add that is smoking is banned the City may as well ban all tobacco products. Mayor Nugent announced that the City Council would receive citizen comments on the potential smoking ban at the next meeting on February 25`h. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to authorize the closure of various City streets for Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. REPORT Darrell Bush, Chief of Police, reviewed the racial profiling report as required by Senate Bill 1074. A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to accept the report from the Police Department as required by Senate Bill 1074. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 030 Minutes continued, February 11, 2008 6. ELECTION A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve Resolution No. 2008 -03, appointing a Presiding Judge and an Alternate Presiding Judge for the May 10, 2008 election. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve Ordinance No. 2008 -01, calling a bond election to be held in the City of Nederland, Texas; making provisions for the conduct of the election; resolving other matters incident and related to such election; and providing an effective date. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. ORDINANCE A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve Ordinance No. 2008 -02, establishing a Reserve Police Force for the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. BIDS /PURCHASES A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to authorize the purchase of two (2) generators through HGAC for the Water Treatment Plant from remaining CDBG Hurricane Rita funds. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve payment of the bills for the month of January. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, February 11, 2008 11. OFFICIALS' COMMENTS ' Councilmember Griffin reported that she received a call from Mr. Jhan Echols asking that the City of Nederland adopt some type of moratorium on the construction of new apartments. He told her that the City of Port Neches already has this in place. Andre' Wimer, City Manager, explained that the City of Port Neches changed their entire zoning ordinance to require that any new construction must meet the zoning of that particular area. He stated, for example, residential homes could not be constructed in a commercially zoned. Mr. Wimer added that if this is something that the City Council would like to consider it would require that the entire zoning ordinance be completely changed and that could be quite a lengthy process. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to adjourn the meeting at 3:49 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor ' City of Nederland, Texas ATTEST: yin,-� nn �71W/Cirv1;_C LaDo— nnb Floyd, City Cle k City of Nederland, Texas 1 X31 032 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor I/ Robert Sawyer 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 1 1 R. A. Nugent, Mayor LaDonna Floyd, City Clerk ' "�- (I- (De Date 033 Nederland Police Department Senate Bill 1074 Report to Nederland City Council February 11, 2008 ' The following report summarizes the activity of the Nederland Police Department as it relates to the requirements of Senate Bill 1074. Beginning January 1, 2007, the Nederland Police Department began collecting data concerning traffic tickets and arrests due to both traffic and pedestrian stops. This report fulfills the statutory requirement of the Nederland Police Department to report contacts and racial /ethnic percentage breakdowns to the Nederland City Council by March 1, 2008. 1 I (Tier 1 Data) Table 1. General Demographics of Contacts and Searches RACE/ ETHNICITY* TICKETS SEARCHES CONSENSUAL SEARCHES PC FOR SEARCH CUSTODY ARREST Caucasian N % N % N % N % N I % Caucasian 1711 92% 31 89% 9 82% 22 92% 70 91% African American 112 5.99% 4 11% 2 18% 2 8% 5 6% Hispanic 28 2% 0 0% 0 0% 0 0% 2 3% Asian 7 .01% 0 0% 0 0% 0 0% 0 0% Native American 0 0% 0 0% 0 0% 0 0% 0 0% Other 0 0% 0 0% 0 0% 0 0% 0 0% Total 1858 1 100% 35 100% 1 11 100% T Y 47 100% 1 77 100% *Race /Ethnicity are defined by SB 1074 as being of a "particular descent, including Caucasian, African American, Hispanic, Asian or Native American." The percentages in this report will be represented in the total tickets and custody arrests due to traffic and pedestrian stops as they relate to the racial /ethnic make -up of both Nederland and Jefferson County. Our belief is the motoring public that occupies the streets of Nederland is more representative of our County demographics, rather than the race /ethnic make -up of the Nederland City population. Several factors contribute to this situation. Our City is bisected by two major highway systems and bordered by another highway. This alone brings many people into our City from other areas. Nederland is also a significant employer and often those employees drive into and through our City. We feel the racial /ethnic make -up of Jefferson County will more accurately reflect the motorists that our officers encounter on traffic related stops. RACE/ ETHNICITY NEDERLAND DEMOGRAPHICS TICKETS CONSENSUAL SEARCHES PC FOR SEARCH CUSTODY ARREST Caucasian 88.8% 92% 82% 96% 91% African American .9% 5.99% 18% 4% 6% Hispanic 6.3% 2% 0% 0% 3% Asian 2.1% .01% 0% 0% 0% Native American .3% 0% 0% 0% 0% Other 0% 0% 0% 0% 0% RACE/ ETHNICITY JEFFERSON CO. DEMOGRAPHICS TICKETS CONSENSUAL SEARCHES PC FOR SEARCH CUSTODY ARREST Caucasian 51.8% 92% 82% 96% 91% African American 33.5% 5.99% 18% 4% 6% Hispanic 10.5% 2% 0% 0% 3% Asian 2.9% .01% 0% 0% 0% Native American .3% 0% 0% 0% 0% Other 0% 0% 0% 0% 0% 034 RESOLUTION NO. 2008 -03 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 City of Nederland General Election to be conducted May 10, 2008. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council hereby appoints Vera LeBlanc as Presiding Judge and Jeanie Green as Alternate Presiding Judge, and the clerks of the election will be 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. Vera LeBlanc is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. THAT the Central Counting Station will be located at 1400 Boston Avenue, Nederland, Texas. The City Council authorizes the appointment of La Donna Floyd as the Central Counting Station Manager and Vera LeBlanc /Morgan as the Presiding Judge of the Central Counting Station. PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the 11`h day of February , 2008. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas g"ajj�47— � R. A. NLgengMayor City of Nederland, Texas 039 ' ORDINANCE NUMBER 2008 -01 AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF NEDERLAND, TEXAS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. An election shall be held on Saturday, May 10, 2008, in the City of Nederland, Texas, (the "City") which date is not less than 62 days nor more than 90 days from the date of the adoption of this ordinance (the "Ordinance"), for the purpose of submitting the following proposition to the qualified voters of the City: PROPOSITION NO. 1 "Shall the Governing Body of the City of Nederland, Texas, be authorized to issue and sell general obligation bonds of the City in the principal amount of $4,500,000 for additions, improvements, rehabilitations and extensions to the sanitary sewer system, such bonds to mature serially or otherwise not more than 40 years from their date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the Governing Body, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the Governing Body of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal of and annual interest on the bonds and provide a sinking fund to pay the Bonds at maturity? SECTION 2. The City election precinct established for this election shall be the single precinct and polling place disclosed on Exhibit A attached hereto. This exhibit is incorporated by reference for all purposes. The City shall appoint a Presiding Judge and an Alternate Presiding Judge for each election precinct as provided in the Texas Election Code. Each Presiding Judge shall appoint not less than two resident qualified electors of the City to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. 75202083.2 036 The election shall be held in the City as prescribed by applicable law and on the day of I the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. Early voting shall be conducted by mail or by personal appearance at City Hall, 1400 Boston Avenue, Nederland, Texas 77627. Ms. LaDonna Floyd shall serve as the Early Voting Clerk. The Early Voting Clerk shall appoint not less than two Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Applications for early voting ballots may be directed to the City Clerk at P.O. Box 967, Nederland, Texas 77627. With the exception of Saturdays, Sundays, and official State holidays, this office or place shall remain open to permit early voting for a minimum of 8 hours per day. Early voting shall commence on the 12th day before the election and continue through the 4`h day preceding the date of the election all as provided by the provisions of the Texas Election Code. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Vera LeBlanc is appointed the Presiding Judge and Jeanie Green will serve as the Alternate Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two resident qualified electors of the City to serve as members of the Early Voting Ballot Board. SECTION 3. Electronic voting devices may be used in conducting the election on election day; provided, however, if use of such electronic voting devices is not practicable, the election may be conducted on election day by the use of paper ballots. Paper ballots may be used for early voting by personal appearance and by mail. The AccuVote -Touch Screen (TS or ' TSX) (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the AccuVote -Touch Screen (TS or TSX) (Direct Recording Electronic) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. SECTION 4. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit electors to vote "FOR" or "AGAINST' the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION NO. 1 "THE ISSUANCE OF $4,500,000 OF GENERAL OBLIGATION BONDS FOR ADDITIONS, IMPROVEMENTS, REHABILITATIONS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM, AND THE LEVY OF A TAX THEREFOR." SECTION 5. All resident qualified electors of the City shall be permitted to vote at the election and on the day of the election, such electors shall vote at the designated polling place. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Texas Government Code, Chapters 1251 and 1331, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both I English and Spanish. 75202083.2 -2- 1 1 031 SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at three public places within the City not less than fifteen days prior to the date the election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than 30 days, and not less than 14 full days prior to the day of the election. SECTION 7. The Governing Body shall establish the rate of pay for judges and clerks. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 9. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any local provision to the contrary concerning a multiple reading requirement for the adoption of ordinances. PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this the 1 l'h day of February , 2008. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1> Richard D. Hughes, City A orney City of Nederland, Texas 75202083.2 -3- R 4Ne Mayor Y City oland, Texas a• EXHIBIT A Presiding Judge Alternate Judge Polling Place Vera LeBlanc Jeanie Green City Hall, 1400 Boston Avenue, Nederland, Texas 77627 75202083.2 EXHIBIT A -I L 1 1 1)3rT ORDINANCE NO. 2008 -02 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A L POLICE RESERVE FORCE FOR THE CITY OF NEDERLAND, TEXAS, PURSUANT TO SECTION 341.012 OF THE TEXAS LOCAL GOVERNMENT CODE; LIMITING THE NUMBER OF POLICE RESERVE OFFICERS; PROVIDING THAT ALL POLICE RESERVE OFFICERS MEET THE REQUIREMENTS OF ARTICLE 2.12 OF THE CODE OF CRIMINAL PROCEDURE; PROVIDING THAT POLICE RESERVE OFFICERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE; REPEALING ORDINANCE NO. 373; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, Section 341.012 of the Texas Local Government Code authorizes the establishment of a police reserve force; and WHEREAS, it is in the best interest of the City of Nederland to establish a police reserve force. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND; TEXAS: Section 1: There is hereby established a Reserve Police Force for the City of Nederland, Texas, to serve in accordance with this ordinance and the provisions of Section 341.012 of the Texas Local Government Code. Section 2: The membership of the Police Reserve Force of the City of Nederland, Texas is hereby limited to not more that two (2) persons in addition to not more than five (5) civilian City of Nederland Telecommunication Operators. Section 3: All members of the Police Reserve Force of the City of Nederland, Texas shall hold the status of "peace officer" as described by Article 2.12, Code of Criminal Procedure, at the time of appointment as a Reserve Police Officer and shall continue to fulfill all qualifications and standards of training for peace officers and maintain such status at all time while a member of the Police Reserve Force. Section 4: The Chief of Police of the City of Nederland, Texas shall appoint members of the Police Reserve Force who shall serve at the discretion of the Chief of Police of the City of Nederland, Texas. Section 5: No member of the Police Reserve Force of the City of Nederland, Texas shall receive any compensation or benefit for the performance of duties as a Reserve Police Officer for the City of Nederland, Texas. Section 6: Ordinance No. 373, of the City of Nederland, Texas, and any and all ordinances in conflict with any provisions of this Ordinance are hereby expressly repealed. Section 7: That 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 person 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. PASSED AND APPROVED by the City Council of the City of Nederland this the / / day of 2008. R. A. Nuge t Mayor ATTEST: (4 1! LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney 040 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 25, 2008 1. 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 Sawyer and seconded by Councilmember Neal to approve the minutes of the February 11, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. JOINT PUBLIC HEARING The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 6:01 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding a Specific Use Permit for Larry Elliott, Scooter Store, at 2404 Nederland Avenue, described as Lot 1, Block 3, Hilltop 2nd Addition. Andre' Wimer, City Manager, stated that the Planning and Zoning Commission conducted a Public Hearing earlier today to receive questions and /or comments on the issuance of a Specific Use Permit for 2404 Nederland Avenue. They recommended that the Specific Use Permit be approved. The Joint Public Hearing was adjourned and the regular meeting was reconvened at 6:03 p.m. by Mayor Nugent. 4. SPECIFIC USE PERMIT A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve the issuance of a Specific Use Permit for Larry Elliott, Scooter Store, 2404 Nederland Avenue, described as Lot 1, Block 3, Hilltop 2nd Addition. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. COMMENTS Mayor Nugent announced that this would be the last meeting that comments will be received on the potential smoking ban in public places. 041 Minutes continued, February 25, 2008 Bob Shields, 1407 Dixie (outside City limits), Nederland High School counselor, stated that he was in favor of a smoking ban and believes it would send a positive message to the students of Nederland and encourage them to not smoke. Brenda Boden, 3280 Spurlock (outside City limits), stated that she was for a smoking ban. Keith Clark, 1008 Shaw, is for a smoking ban and also feels it would send a positive message to the children of Nederland. Gloria Zummo, 2111 Lee (outside City limits) said that she is for a smoking ban, and although she has never smoked she has been diagnosed with a lung disease and strongly urged the Council to approve the ban because of the health hazards associated with second -hand smoke. Joseph Neumann, 723 South 14th Street, stated that he would be against the City adopting a smoking ban. C. J. Schexnaider, 1423 - 22nd Street, stated that he would be against a smoking ban because he feels it is not the City's place to tell people how to operate their business. Janna Sanders, formerly of Nederland, stated that she is for a smoking ban. She added that she is the manager of a restaurant in Crystal Beach and they went smoke free and it has helped their business. 6. POLICE DEPARTMENT A motion was made by Councilmember Griffin and seconded by Councilmember Neal to appoint Robbie Cloud as a Reserve Police Officer for the City of Nederland contingent upon the successful completion of all necessary testing. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. EMPLOYEE GROUP BENEFITS A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve a contract with City- County Benefits Services for services associated with the negotiating, bidding, and awarding of employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to appoint Terry Hale of City- County Benefits Services as the agent of record for the purpose of managing the competitive bid process for It employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 042 Minutes continued, February 25, 2008 A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve an Interlocal Agreement with the City of Port Neches I regarding employee group benefits, and to authorize the City Manager to sign the agreement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. ELECTIONS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve an Interlocal Agreement with the Nederland Independent School District for conducting joint elections. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. ELECTRICITY Andre' Wimer, City Manager, explained that with the adoption of Senate Bill 12 (SB12) in the last legislative session, governmental entities in the 41 counties throughout Texas that are classified as "non attainment areas" must adopt a goal to reduce electricity consumption. The goal is mandated to be a five percent (5 %) reduction each year for six (6) years beginning September 1, 2007. He added that due to this statutory requirement, the City Council should approve this goal, although he is unable to provide any information as to how to accomplish a reduction in electricity consumption. The State agency, State Energy Conservation Office (SECO), responsible for administration of SB12 does offer no -cost energy audits to governmental entities that should identify potential electricity reductions. The City previously utilized the SECO consultant in October 2002 to evaluate facilities and at the time, no consumption reduction measures were cost effective. As a first step in addressing the mandate, he stated that he would contact SECO and request another audit of City facilities. Mr. Wimer added that there are currently no penalties for failure to achieve the reduction goal, however, it can be reasonably anticipated that such action will be approved by the Legislature in the future. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to adopt an electricity consumption reduction goal in accordance with SB 12. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. STREET PROGRAM A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve the 2008 Street Program (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 043 Minutes continued, February 25, 2008 11. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the contractor has completed the chipping of remaining debris from Hurricanes Rita and Humberto. He also reported that documentation has been submitted to Texas Commission on Environmental Quality for the termination of the dual water certification application previously submitted for the Lakes of Nederland area. Mr. Wimer stated that Nederland, Port Neches, and Groves hired a contractor to perform an audit of Time Warner regarding the franchise fees they submit to the cities and it showed that they do a good job of collecting the proper franchise fees. He reported that the TCEQ has asked the Corp of Engineers to provide further testing of the potentially contaminated dredging materials that was placed on City owned property and to submit their findings to TCEQ. 13. ADJOURN There being no further business a motion was made by Mayor Nugent and L seconded by Councilmember Griffin to adjourn the meeting at 6:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 044 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer 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 LZ Richard Hu hes 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 ;i A" or LaDonna Floyd, City Clerk o?,=,? s , o Date �J 1 7 L_j 045 City of Nederland and City of Port Neches (N -PN) MEDICAL BENEFITS COOPERATIVE PURCHASING INTERLOCAL AGREEMENT Whereas, the undersigned municipalities represent that each is a political subdivision of Texas and that its governing body has acted by majority vote, at a duly called and posted public meeting, to authorize participation in this Interlocal Agreement; Whereas, the undersigned political subdivisions have examined all the facts and issues it deems relevant and determined that it is in the best interest of the political subdivision, its employees, officials, retirees and dependents to enter into this Interlocal Agreement to obtain one or more employee benefits; Whereas, the undersigned political subdivisions are entering into this Interlocal Agreement pursuant to the authority of Local Government Code, Sec. 271.102 and Government Code, Chapter 791. Whereas, the undersigned political subdivisions understand that the purpose of this Interlocal Agreement is to: (1) provide uniformity in medical benefits including accident, health, dental, life, short term disability, vision, and long -term disability coverage to employees of political subdivisions; (2) enable the political subdivisions to attract and retain competent and able employees by providing them with accident and /or health benefits coverages at least equal to those commonly provided in private industry; and (3) by combining participating employees to obtain lower health insurance costs that are available to larger employee groups. Now, therefore, in consideration of the covenants, promises and agreements herein set forth, the undersigned political subdivisions enter in to this agreement for the purpose of providing certain benefits for employees, officials, retirees and dependents. 1. Each participating political subdivision may adopt one or more of the benefit plans offered through this Interlocal Agreement. The benefits, at each participating entities option, may be offered to their employees and their dependents, officials and their dependents, to retirees and their dependents, Economic Development Corporation employees and dependents, and dependents of deceased employees and retirees. Notwithstanding any other provision hereof to the contrary, failure of a participating political subdivision to adopt a benefit plan(s) within the adoption schedule set forth by the administrative agency, whether during the initial term or any renewal term, shall be deemed a termination and Interlocal Agreement - Medical Benefits 04F) withdrawal from this Interlocal Agreement by the non - adopting political subdivision. 2. Each political subdivision shall determine its political subdivision's contribution towards the selected benefits. Each political subdivision agrees to fund 100% of the employee contribution for at least one of the medical benefit plans for active employees. All contributions shall be paid from then current revenues. 3. Participation in the medical benefits provided through this Interlocal Agreement requires 100% employee participation by eligible employees. An employee is considered to be eligible, for purposes of this Interlocal Agreement, if the employee is not covered by another group health plan. 4. Benefit plan(s) for the participating political subdivision shall be adopted by a majority vote of that participating subdivision. 5. The City of Nederland is appointed as the initial administrative agency for benefits procured through this Interlocal Agreement. By majority vote of the participating political subdivisions, the administrative agency may be changed or rotate between participating political subdivisions. 6. A participating political subdivision, if benefits are adopted, may terminate its participation in the benefits provided through this Interlocal Agreement by giving ninety (90) days written notice to the administrative agency. In the event the termination is by the administrative agency notice shall be given to all other participating entities. Terminations shall only be effective at the end of a Plan Year, 7. Each participating political subdivision agrees to furnish all information necessary for carrying out the purposes of this agreement and to secure sealed competitive proposals pursuant to Chapter 252 of the Local Government Code. The participating entities to this agreement hereby designate the Sealed Competitive Proposal process, as set forth in Chapter 252 of the Texas Local Government Code, as the process to be used for procuring benefits. 8. The designated newspaper(s) of the acting administrative agency is hereby designated as the official newspaper(s) for the purpose of complying with the public notice provisions of Chapter 252 of the Texas Local Government Code. 9. Each undersigned political subdivision appoints Terry Hale and /or Cheryl Wessels, of City- County Benefits Services, a.k.a. Sunday and Associates, Inc., as the agent of record for managing the sealed competitive proposal process pursuant to Chapter 252 of the Local Government Code, Interlocal Agreement — Medical Benefits -2- 047 securing, and placing the benefits to be provided to the undersigned political subdivision. This designation of Terry Hale and /or Cheryl Wessels, of City- County Benefits Services, a.k.a. Sunday and Associates, Inc., as the agent of record is effective March 1, 2008 and it supersedes and replaces any prior designation of agent of record by the undersigned political entity. 10. Each undersigned political subdivision shall designate and appoint a coordinator of department head rank or above as the individual to provide any notices required under this Agreement and to be the entity's voting representative for selecting benefits to be offered through this Agreement. The undersigned political subdivision reserves the right to change the coordinator from time to time by giving notice to the administrative agency. 11. If any part of this Agreement is declared invalid, void or unenforceable, the remaining parts and provisions shall continue in full force and effect. 12.The undersigned political subdivisions agree that venue for any dispute arising under the terms of this agreement shall be Jefferson County, Texas. 13.This Agreement represents the complete understanding of the political subdivision participating in this Agreement and may not be amended, modified or altered without the written agreement of all political subdivisions participating in this Interlocal Agreement. 14.The initial term of this Agreement shall be from the 1s' day of July, 2008 and continue until June 30, 2009. Absent notice of termination the undersigned political subdivisions may annually extend this agreement by accepting the rates and plan(s) offered through this Interlocal Agreement for subsequent plan years (i.e. 7/1 through 6/30). This Agreement is entered into for the undersigned political subdivision under authorization of: CITY OF NEDERLAND at a duly called meeting held on February 25 , 2008. By: (signature) Andre' Wimer ' (Typed or Printed Name) Interlocal Agreement - Medical Benefits - 3 - 048 (Title) February 25, 2008 (Date) APPROVED FOR FORM: RI HARD D. H GH S City Attorney CITY OF PORT NECHES at a duly called meeting held on March 6 , 2008. Sy: 14�v I (signature) Randy Kimler (Typed or Printed Name) City anagQ.r (Title) March 6, 2008 (Date) APPROVED FOR FORM: PETE STEELE, City Attorney This Interlocal Agreement is accepted by: (signature) As The N -PN Interlocal Administrative Agency February 25, 2008 (Date) Interlocal Agreement - Medical Benefits -4- xr t+ x+ xxrrrwrxxrrrr: r+++ rrrrtrr+ rr+ rrrxxxrrrtrrr +rrrtrrx +xrrrrtt + +rrrr To Be Completed By Participating Entity City of Nederland Participating Entity Kelly Galloway Benefits Coordinator P. O. Box 967 Nederland, TX 77627 409 723 1501 Mailing Address Phone 1 409 723 1550 Fax 1 kgallowy@ci.nederland.tx.us E -Mail Interlocal Agreement - Medical Benefits 5 049 ()ei() 1ffltfftififf## fffffi# iRffiitffffiR# Rfffi #fRlfifff#fRtff #Rifit#ffiffRf To Be Completed By Participating Entity City of Port Neches Participating Entity Lori Cummings Benefits Coordinator P. 0. Box 758 Mailing Address Port Neches, TX 77651 409 719 4201 Phone 409 719 4202 Fax lcummings @ci.port- neches.tx.us E -Mail Interlocal Agreement — Medical Benefits -5- 1 1 1 05] INTERLOCAL GOVERNMENT AGREEMENT ' This agreement is made this 9!� day of � �Gc� a^ 2008, 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 10, 2008; 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. 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 10, 2008. 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. 059 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 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. 7. The amount to be paid by NISD to the City for services rendered by the City of Nederland in the May 10, 2008, 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. I 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, and Central Counting Station. C. In the event that one entity is allowed to cancel their election the election will be solely funded by the remaining entity. 8. 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. i. o� PASSED AND APPROVED by the City Council of the City of Nederland on ' this a 5 day of ( 1, , 2008. R: A. Nugent ayor City of Neder nd, Texas ATTEST: La Donna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas PASSED AND APPROVED bhe Board of Trustees of the Nederland ' Independent School District on this day of 2008. i1A , Lzr�� Nederland Independent School District 054 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 10, 2008 1. 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 Councilmember Neal and seconded by Councilmember Sawyer to approve the minutes of the February 25, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. SMOKING BAN Andre' Wimer, City Manager, presented a synopsis of the previous four meeting regarding the comments received from the public on the potential smoking ban. He reported that a total of 31 persons spoke to the Council, some of who appeared multiple times. Of the 31, 10 were opposed to the smoking ban; 21 spoke in favor, however, 9 of these individuals reside outside the City limits. Overall, very few persons expressed any comment on the issue and if only City residents were considered the opinions were evenly divided. Mr. Wimer added that the purpose of this item was to allow the City Council to discuss the issue and to determine if they would like to pursue such an ordinance. Councilmember Griffin stated that she was not in favor of the ban because it has the effect of telling business owners how they should operate. Councilmember Sawyer agreed with Councilmember Griffin and mentioned the manager of the Crystal Beach restaurant that voluntarily became smoke - free and how it helped her business, but that was a management decision and that's how it should be. Mayor Pro Tem Rogers added that he had talked to many restaurant employees and the majority was for a smoking ban. He also stated that he believes many restaurants would like to be smoke -free but would feel more comfortable if it were a mandate. Councilmember Neal stated that he is against a smoking ban and feels it could potentially hurt some businesses. W Minutes continued, March 10, 2008 Mayor Nugent is concerned that if Nederland passed a smoking ban and our neighboring cities did not it could potentially have a negative effect on Nederland businesses. Mayor Pro Tern Rogers disagreed with Mayor Nugent stating that he does not think it would hurt local business. He added that the health hazard is the main reason he would be for the ban. Mayor Nugent asked the City Manager to continue researching the matter and report back to the Council. 4. PRESENTATION Mark Viator, Southeast Texas Workforce Development Board, gave a presentation on the potential impact on housing and workforce needs for the proposed $12 to $15 billion of petrochemical expansion projects in the Southeast Texas Region. He stated that it is estimated that there will be a need for over 13,000 industrial workers for the expansion projects. Currently there are not enough of these trained workers in the area to fill the needs of these projects. The goal of the Southeast Texas Workforce Development Board is working with local schools and training facilities to provide training so that these positions can be filled. Their goal is to train 3,000 people in the next two years. Mr. Viator thanked the Mayor and Council for the opportunity to speak to them and provide them with an update on the activities taking place in the industry. CHANGE ORDER A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve Change Order No. 1, A & A Electric Co., Hurricane Rita Disaster Recovery, generator installation, in order to provide for overtime work to be performed on weekend and reduction in allowance for utility pole relocate costs, with no change in contract amount. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve an agreement with Tower Medical Center in Nederland for alcohol and drug testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve a one (1) year renewal of the contract with Servall Services, In. for janitorial services, contingent upon final approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 0 5115 056 Minutes continued, March 10, 2008 7. PERSONNEL POLICY I Andre' Wimer, City Manager, explained that he would like to begin the review of the Personnel Policy. Due to the length of the document he will include this item on future agendas to review various sections rather than trying to review the entire policy at one meeting. He asked for comments and /or suggestions on Sections 1 -5. Mayor Pro Tern Rogers stated that the Policy is well written and Staff did an excellent job on the revisions. Mr. Wimer added that they could contact him or Kelly Galloway, Assistant to the City Manager, with comments and /or suggestions. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the payment of the bills for the month of February. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION The regular meeting was recessed at 3:50 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - City Manager; Chapter 551.072, discuss acquisition, exchange, sale and /or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and consultation with City Attorney. 30. RECONVENE The regular meeting was reconvened at 4:30 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Andre' Wimer, City Manager, reported that the Mid County Municipal League meeting scheduled for next week has been cancelled and will be rescheduled. He also presented annual reports from various City departments. Minutes continued, March 10, 2008 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:34 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: La Donna FTloyd, City Ch City of Nederland, Texas 1 1 R. A. Nugent, Mayor City of Nederland, Texas 051 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �✓ Robert Sawyer 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 1/ Corrie Zepeda Acting Cq 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 i✓ Victoria Klehn Librarian i✓ Kelly Galloway Assistant to the City Manager &Z� R. A. Nugent, 1101or ��O'w�ncs .� LaDonna Floyd, City Clerk '3 - lo--®y Date 1 1 1059 AGREEMENT (EMPLOYEE DRUG /ALCOHOL TESTING) Agreement entered into on the date stated below, between the City of Nederland, State of Texas, a municipal corporation, herein referred to as CITY, and Tower Medical Center of Nederland, 2100 Highway 365, Nederland, Texas 77627, a corporation authorized to carry on business in the State of Texas, herein referred to as TESTING FACILITY. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: SECTION ONE TESTING FACILITY REPRESENTATIONS TESTING FACILITY represents that it is a laboratory certified under appropriate federal and state regulations to perform and conduct urine, blood and breath tests to determine chemical or drug content in individuals. SECTION TWO TESTING SERVICES AND FEES TESTING FACILITY agrees to provide a one call, full service drug and alcohol testing ' program to the City of Nederland employees. The description of integrated services to be performed and fees to be charged are set forth in the attachment marked Exhibit "A" (consisting of one page), which is incorporated herein by reference. TESTING FACILITY further agrees to adhere to the criteria established by the City of Nederland Substance Abuse Policy relative to employee drug/alcohol testing, including but not limited to the provisions regarding confidentiality, chain of custody, and guidelines adopted by the United States Department of Health and Human Services for work place urinalysis. SECTION THREE COMPENSATION For services rendered by TESTING FACILITY under this Agreement, CITY agrees to pay to TESTING FACILITY the fee(s) designated on Exhibit "A" attached hereto. Payment shall be made by CITY within 20 days of its receipt of an itemized statement of services rendered during the preceding month. SECTION FOUR INDEMNIFICATION TESTING FACILITY shall indemnify CITY and hold it harmless against all claims, costs, demands, attorneys fees, causes of action, losses, or damage that may arise as the result of any action or conduct by TESTING FACILITY or its agents, employees, or officers in the testing performed or duties imposed under this Agreement. 060 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 Ist day of April, 2008 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 /Q_ day of T'��n� 2008. ATTEST: TOWER MEDICAL CENTER OF NEDERLAND r By: G Its: CITY OF NEDERLAND, TEXAS vfJc /rte( By: LaDonna Floyd, City Clerk Its: 1 u EXHIBIT A AGREEMENT FOR SERVICES APRIL, 2008 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) $25.00 061 0 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 2:00 p.m. March 20, 2008 1. MEETING The special meeting was called to order at 2:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. EXECUTIVE SESSION The special meeting was recessed at 2:01 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - City Manager. 3. RECONVENE The special meeting was reconvened at 3:31 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 4. ADJOURN There being no further business the special meeting a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to adjourn the special meeting at 3:31 p.m. MOTION CARRIED. Ayes: Mayor Nugent. Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: - Y�z;i-L4 La Donna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas k �1 1 063 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member —Ward I ✓ Billy Neal Council Member — Ward 11 ✓ Debby Griffin Council Member —Ward III Bert Rogers Council Member —Ward IV Andre Wimer Ci Manager ✓ LaDonna Floyd City Clerk Corrie Ze da Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Cheryl Dowden Director of Finance 1v� Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official V/ Victoria Klehn Librarian Kell Gallows Assistant to the City Manager R. A. Nugent, Mayor ' LaDonna Floyd, City Clerk Date 064 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 24, 2008 1. 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 Sawyer and seconded by Councilmember Neal to approve the minutes of the March 10, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:03 p.m. by Mayor Nugent for the purpose of obtaining citizen views and to respond to questions relative to the City's Texas Community Development Program Grant No. 726451 which replaced water and sewer lines in the J. M. Staffen Addition. Randy Blanks, David J. Waxman, Inc., reported that the grant was in the amount of $250,000.00 and the City's expenditures to date is $144,218.72. He stated that 6,236 linear feet of 6 -inch water lines and 2,860 linear feet of sewer lines were replaced in the area. In addition to the line replacement three fire hydrants were also replaced. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:07 p.m. by Mayor Nugent. 4. RESOLUTIONS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve Resolution No. 2008 -02, prohibiting use of excessive force. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve Resolution No. 2008 -03, authorizing participation with other Entergy service area cities in matters by Entergy at the Public Utility Commission of Texas in 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. n65 Minutes continued, March 24, 2008 S. ORDINANCE A motion was made by Councilmember Sawyer and seconded by Councilmember Griffin to approve an Amendment to Ordinance No. 107 to allow for the installation of a 4 -way stop at the intersection of South 32nd Street and Avenue A. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. BIDS /PROPOSALS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to authorize the Request for Proposals for auditing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ACTUARIAL STUDY Andre' Wimer, City Manager, stated that at interlocal agreement between the City and the North Central Texas Council of Governments (NCTCOG) will allow the City to utilize actuarial services provided through the NCTCOG. He reminded Council of the new financial reporting requirements, pursuant to GASB 45, that mandate that cities perform an actuarial analysis every two (2) years concerning liabilities for retiree health coverage. Basically, municipalities must identify the future costs associated with anticipated health insurance expenditures for retirees. The NCTCOG, which is the Dallas /Fort Worth area equivalent to the South East Texas Regional Planning Commission, previously issued a Request for Proposal in order to select a firm that would be able to conduct actuarials in a timely and cost effective manner. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Griffin to approve an Interlocal Agreement with North Central Texas Council of Governments. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve an agreement with Gabriel, Roeder, Smith & Company in the amount of $4,680.00 for an actuarial study. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. PERSONNEL POLICY Andre' Wimer, City Manager, stated that he will take comments and /or ' suggestion on Sections 6 -10 of the proposed Personnel Policy. After the entire document has been reviewed by the Council it will be placed on an agenda for final adoption. 06r: Minutes continued, April 24, 2008 The City Council had no suggestions or questions at this time. Mr. Wimer added that they could contact him or Kelly Galloway, Assistant to the City Manager, with comments and /or suggestions. 9. RESIGNATION Andre' Wimer, City Manager, submitted his resignation, effective at 5:00 p.m. on May 16, 2008. He will be assuming the City Manager position with the City of Port Neches. He thanked the Mayor and Council, as well as former members of the Council, for the opportunity to serve the citizens of Nederland for the past 13 years. Mr. Wimer also thanked the department heads and City staff for their hard work and dedication to the City. Mayor Nugent and the members of the Council all expressed regret that he is leaving, but wished him well in his new position with the City of Port Neches. A motion was made by Mayor Nugent and seconded by Councilmember Neal to accept the resignation of Andre' Wimer, City Manager, effective at 5:00 p.m. on May 16, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 30. 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 551.074, discuss personnel - City Manager; Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 6:52 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 11. OFFICIALS' COMMENTS Troy L. Coleman, Ph.D, Waters Consulting Group, Inc., explained that their company provides executive recruitment services to municipalities all over the United States. He gave a brief presentation of what they provide during the search process. Andre' Wimer, City Manager, stated that it would be advantageous for the City to consider entering into a contract with Water Consulting Group, Inc. to assist with the City Manager search. He added that this should be done as soon as possible in order to begin the search for a replacement. Mayor Nugent suggested that a special meeting be called for Friday, March 28tH at 9:00 a.m. to discuss the appointment of an Interim City Manager. He added that an item could also be placed on the agenda to discuss the proposed contract with Waters Consulting Group, Inc. Minutes continued, March 24, 2008 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 7:22 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk-' City of Nederland, Texas �7 I] R. A. Nugent, Mayor City of Nederland, Texas 067 nF;p CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer Council Member -Ward I i/ Billy Neal Council Member -Ward II VI" Debby Griffin Council Member -Ward III l/ 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 ! Rod Hatch Building Official Victoria Klehn Librarian i. Kelly Galloway Assistant to the City Manager ✓ R. A. Nugent, Mayor LaDonna Floyd, City Clerk Date 1 1 i INTERLOCAL AGREEMENT ' FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED SERVICES THIS INTERLOCAL AGREEMENT ( "Agreement'), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act'), by and between the North Central Texas Council of Governments, hereinafter referred to as " NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and (name of entity) City of Nederland a local government, created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at: WITNESETH WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the development of a standard approach for acquiring actuarial services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and ' WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has authorized this Agreement on (Date)* March 74, ?()OR and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include an Administrative Fee of $100 per valuation cycle (annually or biennially) payable to NCTCOG. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or ' regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. 070 THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required fields NOTE: Facsimile conies ofthis document shall not be acceptable as ORIGINALS Interstate v rev. 10(05 * City of Nederland North Central Texas Council of Governments Name of Participant (local government, agency, or non- profit 616 Six Flags Drive, Arlington, Texas 76011 corporation) .DO Box 967 ■Br Mailing Address * Nederland TX 77627 City State ZIP Code *By: C Signature of Authorized Official Signature of Authorized Official ■ Typed Name of Authorized Official Typed Title of Authorized Official Date * AnArat Wimp Typed Name of Authorized Official * City Manager 3 -24 -08 Typed Title of Authorized Official Date 1 1 1 1 1 071 GT `J Gabriel Roeder Smith & Company 5605 N. MacArthur Blvd. 469.524.0000 phone 1� ( Consultants & Actuaries Suite 870 469.524.0003 fax Irving, TX 75038 -2631 www.gabrielroeder.com MASTER AGREEMENT Pursuant to the award of Joint Actuarial Services by the North Central Texas Council of Governments ( NCTCOG), this agreement confirms the terms under which the City of Nederland (name of government) hereinafter referred to as `CONTRACTING GOVERNMENT" has engaged Gabriel, Roeder, Smith & Co. hereinafter referred to as "GRS" to perform actuarial consulting services. In as much as this relationship will involve several actuarial reviews and other services that will be governed by the Request for Proposal issued by NCTCOG on May 31, 2006 and our subsequent response to that proposal, we have agreed to establish this "master agreement" defining the general terms and conditions for all work performed. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the timeframe and fees required. In the event of an inconsistency between this master agreement and an individual engagement letter, the master agreement will be followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entities. CONTRACTING GOVERNMENT is exempt from manufacturer's federal excise tax and states sales tax. Tax exemption certificates will be issued upon request. B. Role of NCTCOG. NCTCOG has served as a facilitator to the RFP and award process but the contractual relationship is between GRS and the CONTRACTING GOVERNMENT. C. Aeereeate Information. GRS agrees to supply NCTCOG with the specified results from the valuations and to aggregate that information with that of other governments for the purpose of benchmarking. D. Fees. GRS agrees to follow the attached pricing schedule ( "Attachment A ") for pricing of its services. I. Review of Charees. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the fee schedule. Termination. Both CONTRACTING GOVERNMENT and GRS will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in progress work unless specific stopping points are provided in the letter. 072 Gabriel Roeder Smith & Company ' K. Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted but GRS is not responsible for the reliability of those projections. It is understood that all reports are subject to the open records laws of the State of Texas and the contracting jurisdiction. L. Independent Contractor. All the services provided by GRS will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. M. Biennial Reviews. CONTRACTING GOVERNMENT agrees to provide census data in off years using the same cut off date and delivery dates as used for the year of review. Actuary agrees to review the off year census data and provide CONTRACTING GOVERNMENT with timely feedback regarding deficiencies in the data. N. Term. The term of this master agreement will be governed by the afore referenced NCTCOG RFP and will expire on September 30, 2012. O. Complete Aereement. This letter combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and GRS. ' P. Indemnification. GRS covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend NCTCOG and CONTRACTING GOVERNMENTS, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors, and the contractor does hereby assume all liability for injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of a contract as a result of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors to the extent permitted by law. Please review this master agreement letter and the attached schedules and indicate your acceptance by having an official of CONTRACTING GOVERNMENT sign below. Q. Force Maieure. A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality, shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. If a delay or failure of performance by either party to this contract results from the occurrence of a force majeure event, the delay ' Gabriel Roeder Smith & Company ' shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event. 1 R. Professional Standards. GRS will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. GABRIEL, ROEDER, SMITH & CO. M Title: CONTRACTING GOVERNMENT Date: By Date: March 24, 2008 Title: City Manager Gabriel Roeder Smith & Company 073 074 Attachment A Pricing of Services Em to er First Year Hourly Rate for Governments by Total OPEB Participants Annual Biennial Options Study Additional Services 1 Less than 100 - Insured 1 health plan $4,000 $5,000 $750/Study See Below la Less than 100 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 2 Between 100 and 249 - Insured 1 health plan $4,500 $5,500 $750/Study See Below 2a Between 100 and 249 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 3 Between 100 and 249 -Self Insured I health plan $6,000 $7,000 $750/Study See Below 3a Between 100 and 249 -per additional self insured health or retirement plan $1,000 $1,000 $750 /Stud See Below 4 Between 250 and 499 - Insured I health plan $4,500 $5,500 $750/Study See Below 4a Between 250 and 499 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 5 Between 250 and 499 -Self Insured 1 health plan $6,000 $7,000 $750/Study See Below 5a Between 250 and 499 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 6 Between 500 and 749 - Insured 1 health lan $4,500 $5,500 $750/Study See Below 6a Between 500 and 749 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 7 Between 500 and 749 -Self Insured I health plan $6,000 $7,000 $750/Study See Below 7a Between 500 and 749 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 8 Between 750 and 999 - Insured 1 health plan $4,500 $5,500 $750/Study See Below 8a Between 750 and 999 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 9 Between 750 and 999 -Self Insured I health plan $6,000 $7,000 $750/Study See Below 9a Between 750 and 999 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 10 Between 1000 and 1499 - Insured 1 health lan $5,000 $6,000 $750/StudySee Below 10a i Between 1000 and 1499 -per additional health or retirement plan $1,000 $1,000 $750/StudySee Below I I Between 1000 and 1499 -Self Insured 1 Gabriel Roeder Smith & Company 1 1 1 1 1 Gabriel Roeder Smith & Company 075 health plan $6,500 $7,500 $750/Study See Below I la Between 1000 and 1499 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 12 Between 1500 and 1999- Insured I health plan $5,000 $6,000 $750/Study See Below 12a Between 1500 and 1999 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 13 Between 1500 and 1999 -Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 13a Between 1500 and 1999 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 14 Between 2000 and 2499 - Insured 1 health plan $5,000 $6,000 $750/Study See Below 14a Between 2000 and 2499 -per additional health or retirement plan $1,000 $1,000 $750/Study See Below 15 Between 2000 and 2499 -Self Insured I health plan $6,500 $7,500 $750/Study See Below 15a Between 2000 and 2499 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 16 Between 2500 and 5000 -Self Insured 1 health plan $7,000 $8,000 $750/Study See Below 16a Between 2500 and 5000 -per additional self insured health or retirement plan $1,500 $1,500 $750/Study See Below Gabriel Roeder Smith & Company 075 ,076 Hourly Rate for + Governments by Total OPEB Participants Annual Biennial First Year I Additional Options Study 1 Less than 100- Incurerl 1 health rl— Services la Less than 100 -per additional health or au 313U/NtUCIV See Below retirement plan $0 $0 $750/Study See Below 2 Between 100 and 249 - Insured I health 2a plan Between 100 and 249 -per additional $0 $0 $750/Study See Below health or retirement plan $0 $0 $750/Study See Below 3 Between 100 and 249 -Self Insured 1 health plan $0 $0 $750/Study See Below 3a Between 100 and 249 -per additional self insured health or retirement plan — $0 $0 $750/Study See Below 4 Between 250 and 499 - Insured 1 health 4a plan Between 250 and 499 -per additional $0 $0 $750/Study See Below health or retirement plan $0 $0 $750/Study See Below 5 Between 250 and 499 -Self Insured 1 health plan $0 $0 $750/Study See Below 5a Between 250 and 499 -per additional self insured health or retirement plan $0 $0 $750/Study See Below 6 Between 500 and 749 - Insured I health Ian $0 $0 $750/Study See Below 6a Between 500 and 749 -per additional health or retirement 21an $0 $0 $750/Study See Below 7 Between 500 and 749 -Self Insured 1 health plan $0 $0 $750/Study See Below 7a Between 500 and 749 -per additional self insured health or retirement plan $0 $0 See Below 8 Between 750 and 999 - Insured 1 health -$750/Study plan $0 $0 $750/Study See Below 8a Between 750 and 999 -per additional health or retirement plan $0 $0 $750/Studv See Below 9 Between 750 and 999 -Self Insured 1 health plan $0 $0 $750/Study See Below 9a Between 750 and 999 -per additional self insured health or retirement plan $0 $0 $750/Study See Below 10 Between 1000 and 1499 - Insured I health plan $0 $0 See Below 10a Between 1000 and 1499 -per additional -$750/Study health or retirement plan $0 $0 $750 /Stud See Below 11 Between 1000 and 1499 -Self Insured I health plan $0 $0 $750/Study See Below I la Between 1000 and 1499 -per additional self insured health or retirement Plan $0 $0 $750 /Stud See Below 12 Between 1500 and 1999- Insured 1 health .plan $0 $0 $750 /Stud See Below Gabriel Roeder Smith & Company 1 1 1 4812 Between 1500 and 1999 -per additional GRS Position Title Senior Consultant $350 a health or retirement plan $0 $0 $750/Study See Below 13 Between 1500 and 1999 -Self Insured I Administrative Support Staff $110 health Dlan $0 $0 $750/Study See Below 13a Between 1500 and 1999 -per additional self insured health or retirement plan $0 $0 $750/Study See Below 14 Between 2000 and 2499 - Insured I health plan $0 $0 $750 /Stud See Below 14a Between 2000 and 2499 -per additional health or retirement plan $0 $0 $750/Study See Below 15 Between 2000 and 2499 -Self Insured 1 health plan $0 $0 $750 /Stud See Below 15a Between 2000 and 2499 -per additional self insured health or retirement plan $0 $0 $750/Study See Below 16 Between 2500 and 5000 -Self Insured 1 health plan $0 $0 $750/Study See Below 16a Between 2500 and 5000 -per additional self insured health or retirement plan 1 $0 $0 $750/Study I See Below :• For the first valuation, the prices above include a mandatory kick -off meeting to begin the project and a meeting to present the findings. If the second meeting can take place either via web cast or through a conference call, we will discount the above valuation fees ' by $500. :• For subsequent valuations, we anticipate the kickoff meeting to be via conference call or web cast. For any participant, if the meeting to present the results can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the draft report and 30% upon acceptance of the final report. Fees for additional services and optional services that are not determined as `basic' will be based on the following rates: 1 Gabriel Roeder Smith & Company 077 Hourly Rates GRS Position Title Senior Consultant $350 Consultants $275 Senior Analysts $175 Actuarial Analysts $150 Systems Analysts and Programmers $200 Administrative Support Staff $110 Gabriel Roeder Smith & Company 077 11 CITY OF NEDERLAND RESOLUTION 2008- ib-�L A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE I. Section 1: The City hereby adopts and will enforce this policy prohibiting the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstration. The City also prohibits the physical barring of any entrance or exit of such a facility and will enforce all applicable State laws regarding same. ARTICLE II. Section 1: Any person found to be violating any provisions of the resolution shall be served by the City with written notice stating the nature of the violation. Section 2: Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section 3: Any person violating any of the provisions of this resolution shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. ARTICLE III. PASSED AND APPROVED by the City Council of the City of Nederland, State of Texas, on this the 11`" day of March , 2008. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, tity orney City of Nederland, Texas R. A. Nugent, j yor City of Nederl8',d, Texas fo "1Z) CITY OF NEDERLAND RESOLUTION NO. 2008-03 ' A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2008 WHEREAS, Entergy Texas' (ETI) 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 ETI's ability to control the market in its region has not been evaluated, ETI will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during the continued transition to competition; WHEREAS, ETI is scheduled to litigate its request in various proceedings at the Public Utility Commission and Federal Energy Regulatory Commission in 2008 related to various fuel cost surcharges and reconciliation, capacity cost surcharges and reconciliation; for approval of various market structures necessary for the implementation of fair competition, and for any type of base rate adjustment proceedings; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in March and September 2008, and file other fuel proceedings during 2008 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; ' WHEREAS, ETI has filed a proceeding to determine the proper Texas allocation of rough production cost equalization payments from Entergy Arkansas; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. UtiL Code §33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to TEx. UTIL. Code §33.025; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Md. 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 ETI's various rate filings related to the various fuel cost surcharges and reconciliation, capacity cost surcharges and reconciliation; the allocation of rough production cost allocation payments, for approval of various market structures necessary for the implementation of fair competition, and for any base rate adjustment proceedings on file at the Public Utility Commission in 2008 seeking appropriate regulatory scrutiny. ' The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission on file in 2008 concerning ETI's readiness for competition, market power, organizations and structures to assure fair competition to all customer classes. 080 The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission on file in 2008 concerning ETI's base rate charge to customers. All such actions shall be taken pursuant to the direction of the Cities' Steering ' Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL FO THE CITY OF NEDERLAND, TEXAS this 6- day of `m taro —2008. R.A. Nuge ayor ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richards, Citq Attorney 1 1 AN AMENDMENT TO ORDINANCE NO. 107 ' AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ESTABLISHING A 4 -WAY STOP INTERSECTION AT 32ND STREET AND AVENUE "A ", AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 — STOP SIGNS The intersection at 32nd Street and Avenue "A" shall be designated as a "4- Way Stop Intersection." Stop signs shall be erected and maintained at all four corners in accordance with local and state law. All vehicles must come to a complete stop before entering the intersection. ARTICLE XVI. SECTION 122 — PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined as provided in Sec. 102 -323, Nederland Code of Ordinances. ARTICLE XVII. SECTION 133 — EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the �- day of `i"�MC -k 2008. y. R. , A. Nugen ayor City of Nede and, Texas ATTEST:: t LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: chard D. ug es, &Ilty Attorney City of Nederland, Texas 08`? SPECIAL MEETING OF THE CITY COUNCIL OF THE i CITY OF NEDERLAND 9:00 a.m. March 28, 2008 1. MEETING The special meeting was called to order at 9:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. CONTRACTS /AGREEMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve an agreement with Waters Consulting Group, Inc. in the amount of $19,500.00, plus project - related expenses such as printing and advertising, for professional services associated with conducting an executive search for the position of City Manager. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. EXECUTIVE SESSION The special meeting was recessed at 9:07 a.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - appointment of Interim City Manager. 4. RECONVENE The special meeting was reconvened at 9:25 a.m. by Mayor Nugent. 5. INTERIM CITY MANAGER A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to appoint Cheryl Dowden, Director of Finance, as the Interim City Manager effective at 5:00 p.m., Friday, May 16, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 1 Minutes continued, March 28, 2008 6. ADJOURN There being no further business a motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to adjourn the meeting at 9:27 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 083 1' CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �✓ Robert Sawyer Council Member -Ward I ✓ Bill Neal Council Member - Ward 11 �✓ Debb Griffin Council Member -Ward III ✓ Bert Ro ers Council Member -Ward IV �✓ Andre Wimer Ci Manager ✓ LaDonna Flo d Ci Clerk Cowie Ze eda Actin City Clerk Richard Hu hes City Attorney Darrell Bush Police Chief �✓ Gary Collins Fire Chief Che I Dowden Director of Finance Steve Hamilton Director of Public Works Rod Hatch Buildin Official Victoria Klehn Librarian Kelly Gallows Assistant to the city Manager R. A. Nugent, Mayor LaDonna Floyd, City Clerk ,3- 4,Y- C2L:;:- Date 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. MEETING April 14, 2008 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 Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve the minutes of the special meeting of March 22, 2008; the regular meeting of March 24, 2008; and, the special meeting of March 28, 2008 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATIONS Mayor Nugent presented a Proclamation to Cindy Fertitta, Rape and Suicide Crisis of Southeast Texas, Inc., declaring April 2008 as "Sexual Assault Awareness and Prevention Month" in Nederland. Ms. Fertitta thanked the Council for their continued support. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve a Proclamation declaring April 2008 as "Sexual Assault Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Mayor Nugent presented a Proclamation to Misty Craver, Jefferson County Crime Victims' Assistance Center, declaring April 13 -19, 2008 as "National Crime Victims' Right Week" in Nederland. Mrs. Craver thanked the Council for their continued support. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve a Proclamation declaring April 13 -19, 2008 as "National Crime Victims' Right Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 085 036 Minutes continued, April 14, 2008 4. COMMENTS Mayor Pro Tern Rogers stated that Mr. Joe Pruett contacted him to voice the neighborhood's oppostion to the construction of a football field by the Nederland Youth Football League at Homer Nagel Park. He added that on April 7`h the two groups met to get a better understanding of both sides of the issue. Troy Jones, on behalf of the Football League, presented the needs of the league to the neighbors that were at the meeting. Joe Pruett, 3119 Avenue G, stated that he has lived at this location for over 40 years and has had to endure many different children's activities at the park. He and his neighbors have had balls in their yards and hitting their houses. Another concern is poor drainage due to years of dirt being placed on the park to build different types of fields. Mr. Pruett presented pictures of the drainage issues to the Council. He asked the Council to consider canceling the agreement with the Football League and not allow any type of sporting activities in the park. Ron Westfall, 711 South 33rd Street, agreed that the drainage issue is a major concern of his as well. He added that an increase in traffic in the area is also a concern. Mr. Pruett added along with the drainage and traffic issues they also must endure the increase noise and bright lights on the field. Troy Jones, Nederland Youth Football League, stated that they had invited the neighbors to their most recent Board Meeting to address approximately 30 items of concern and the majority of these appeared to be existing problems. He added that they informed the neighborhood group that they would be willing to assist them with any problems that may arise, including the drainage issue. He believes the new parking area will be sufficient for the games. Mr. Jones explained that the league only plays 4 -6 weeks and only on weekends. He further explained that the lights will be turned off as soon as the last game is over and clean -up will be done by using the security lights only. They can conduct the later games without the public address system to control some of the noise. Councilmember Neal stated that he is of the opinion that youth playing football will not increase the drainage problems in the area. He is in favor of the children being able to play in organized sports and that Nederland is running out of space to accommodate them. Councilmember Sawyer agreed with Councilmember Neal adding that the City should be assisting with the drainage problems. Mayor Pro Tern Rogers asked what the terms of the agreement are and Mr. Wimer stated there was a 30 -day cancellation clause for both parties. Mr. Wimer added that the property has never been officially designated as a park, but is City property that was acquired for the Wastewater Treatment Plant. Councilmember Griffin stated that the drainage problem appears to have been an issue for years and not something that was created by this particular league, but they have stated that they would be willing to assist with trying to alleviate the flooding. 087 Minutes continued, April 14, 2008 Buzzy Mitchell, 3012 Avenue G, stated that although drainage is a major concern he feels the traffic situation would be a larger problem. Another citizen suggested a 3 -way stop sign at Avenue G and South 29th Street to at least slow down the traffic on Avenue G. Mayor Nugent explained that this is not an action item on the agenda, however, from comments received from the Council it appears that the agreement with the Nederland Youth Football League will remain in force. S. DISCUSSION Andre' Wimer, City Manager, stated that City staff needs direction from the Council relative to the potential smoking ban in public places. Mayor Pro Tern Rogers responded that those who commented that "big government" should not be dictating how a business operates, however, he compares a smoking ban to the same thing as when that same government decides to install a stop sign in order to protect citizens. He feels a smoking ban would be in place to protect the citizens from a health hazard. Councilmember Sawyer asked who would be responsible for the enforcement of the ordinance. Mr. Wimer replied that ultimately it would be the police department. L A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to not enact a smoking ban in public places. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: Mayor Pro Tern Rogers. 6. AUDIT Brad Brown, Edgar, Kiker and Cross, PC, reviewed the FY 2006 -2007 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. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to accept the FY 2006 -2007 audit as presented by Edgar, Kiker & Cross, PC. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 4:37 p.m. for the purpose of receiving questions and /or comments on proposed Ordinance No. 2008 -03, juvenile curfew. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:38 p.m. by Mayor Nugent. e'. Minutes continued, April 14, 2008 S. ORDINANCES A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve Ordinance No. 2008 -03, juvenile curfew. MOTION 1 CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve Ordinance No. 2008 -04, flood plain management. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. BIDS /PROPOSALS A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to authorize the advertisement of bids for repairs and rehabilitation of the Canal Avenue Water Tower. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. CIVIL SERVICE COMMISSION A motion was made by Mayor Pro Tern Rogers and seconded by Mayor Nugent to appoint Don Alabanese to the Civil Service Commission to fill the unexpired term of George Eisenmann. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. PERSONNEL POLICY Andre' Wimer, City Manager, stated that he will take comments and /or suggestions on Sections 11 -22 of the proposed Personnel Policy. He added that City staff will incorporate a few minor changes as recommended by the City Attorney and present Council with a final draft. 12. CHANGE ORDER Andre' Wimer, City Manager, explained that Work Directive No. 1 pertains to the installation of additional conduit, for the Fire Station /Police Station generators, in order to serve Central Dispatch and the soon to be initiated expansion of the facility. The cost for this additional work is $1,638.37; however, sufficient funds exist within other budgeted items such that there is no change to the overall contract cost of $81,516.00. As this project does involve CDBG funds, it is necessary to approve a Work Directive even though there is no modification to the project cost. Please note that the distinction between a Work Directive and a Change Order is that the Work Directive allows for an immediate change while work is on -going so as not to disrupt the progress of the project. 089 Minutes continued, April 14, 2008 A motion was made by Councilmember Neal and seconded by Mayor Pro Tern L Rogers to approve Work Directive No. 1, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Andre' Wimer, City Manager, explained that this Change Order pertains to the installation of the Fire Station /Police station generators. While performing excavation, it was determined that subsurface soil conditions were not consistent with the results of the nearby bore sample. As such, it was necessary to revise the construction method for the foundation. Sufficient funds exist within other budged items such that there is no change to the overall contract cost of $81,516.00. As this project does involve CDBG funds, it is necessary to approve a Change Order even though there is no modification to the project cost. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to approve Change Order No. 2, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. PAYMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Nugent to approve payments to Schaumburg & Polk, Inc. as follows: $1,077.50; $2,165.00; and, $3,877.50, Hurricane Rita Disaster Recovery. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve a payment to A & A Electric Co. in the amount of $20,147.94, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of $1,626.20, 12t`' Street sewer line relocation and Avenue H sewer line replacement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve payment of the bills for the month of March. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, April 14, 2008 14. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 15. OFFICIALS' COMMENTS Andre' Wimer, City Manager, stated that Early Voting for the Special Election to be held on May 101h for the bond issue to replace sewer lines will begin on April 28th. He added that the meetings with Waters Consulting would be held Tuesday, April 15th. Their representative will meet with members of the City Council and department heads regarding the search process for the City Manager position. Councilmember Neal reported that he is getting calls regarding the need for the City to regulate the construction of apartments. Mr. Wimer stated that in order for the City to enact such a regulation the zoning ordinance would need to be rewritten. The steps to rewrite a zoning ordinance are quite detailed and would take a great deal of time. He suggested that if the Council would like to move forward it would probably be beneficial to hire a consultant to review the City's current zoning ordinance and make recommendations. Mr. Wimer added that he would contact several firms to get an estimate of the cost associated with a study. 16. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 5:07 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 1 091 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �✓ Robert Sawyer Council Member -Ward I ✓ Billy Neal Council Member- Ward II Debby Griffin Council Member -Ward III Bert Rogers Council Member -Ward IV ✓ Andr6 Wimer City Manager ✓ LaDonna Floyd City Clerk !✓ Corns, 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 i✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. X Nugent, M r ')� '4&" ' LaDonna Floyd, City Clerk y -1 Y- © 8 Date 09 "-, ORDINANCE NO. 2008 -03 AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY ADDING NEW SECTIONS 74 -36 THROUGH 74-41 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on April 14, 2008 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to re- establish the Ordinance No. 2004 -15, as amended on November 22, 2004, establishing curfew hours for minors, which has expired by operation of law; 3) the need, if any, to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. WHEREAS, the City Council finds that it has a compelling interest in protecting juveniles, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance, to wit: (A)To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B) To promote the safety and well -being of the City's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C) To promote the compulsory attendance in school by school age minors; and (D)To foster and strengthen parental responsibilities for minors. WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise, the City Council deems it in the public interest of the City to adopt curfew hours for minors and provisions related thereto, as set forth herein below. 093 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous LProvisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74 -36, Sec. 74 -37, Sec. 74 -38, Sec. 74 -39, Sec. 74 -40, Sec. 74-41, and Sec. 74-42 to read as follows: SEC. 74 -36. - DEFINITIONS. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly establishes a different meaning. City means the city limits of the City of Nederland, Texas. Curfew hours for minors means: Sunday 11:00 p.m. to 5:00 a.m. Monday 11:00 p.m. to 5:00 a.m. Tuesday 11:00p.m. to 5:00 a.m. Wednesday 11:00p.m. to 5:00 a.m. Thursday 11:00 p.m. to 5:00 a.m. Friday 12:00 a.m. to 5:00 a.m.; or Saturday 12:00 a.m. to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen (17) years of age. Parent means a person who is: (a) A natural parent, adoptive parent, or step - parent of another person; or (b) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor; or (b) Is a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Establishment means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay; or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. r)94 Serious bodily injury means bodily in ury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of he function of any bodily member or organ. Intentionally, knowingly, recklessly, or with criminal negligence has the meaning(s) provided in the Texas Penal Code. SEC. 74-37. OFFENSES. (a) A minor who has reached the age often (10) years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in or upon any public place, or remains in any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she intentionally . knowingly, recklessly, or with criminal negligence permits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intentionally, knowingly recklessly, or with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours for minors. SEC. 74 -38. DEFENSES. (a) It is a defense to prosecution under Sec. 74 -37. that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parent/guardian authorizing the errand, the telephone number where the parent/guardian may be reached during the errand, the name of the minor, a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Engaged in, participating in or traveling to or from any event, function or activity for which application of Sec. 74 -37. would contravene his rights protected by the Texas or United States Constitutions; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the city, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. 11)j;) (b) It is a defense to prosecution under subsection 74 -37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. L SEC. 74 -39. SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minor to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting contrary to Sec. 74- 39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion. (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (d) Any minor who has reached the age of ten (10) years or parent or guardian of a minor who intentionally, knowingly, recklessly or with criminal negligence violates any provision of Sec. 74 -39 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec. 74 -41. SEC. 74-40. DEFENSES. (a) It is a defense to prosecution under Sec. 74 -39 (a) and (b) that: (1) The minor is suspended or expelled from school and is accompanied by a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2) The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found to be at any place within the City away from the school; (3) The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4) The minor is attending an official school activity off - campus; or (5) The minor is engaged in any event or circumstance provided as a defense in Sec. 74-38 (a) (3) (4) (6) (7) (10) or (11) above. SEC. 74-41. PENALTIES. (a) A person who violates any provision of Sec. 74 -37 or Sec. 74 -39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars ($500.00). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. i'* (c) When required by Section 51.08 of the Texas Family code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Sec. 74 -37 or Sec. 74 -39 and shall refer the minor to juvenile court. SECTION 74-42. Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or guardians. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner. Section 2. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 3. That 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 person 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 4. That this being an ordinance which imposes a penalty, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This ordinance shall take effect immediately after the last date of publication. PASSED AND APPROVED by the City Council of the City of Nederland this the 14th day of April 2008. ATTEST: LaDonna Floyd, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Attorney City of Nederland. Texas 5 R. A. Nug nt, hWor City of Nederlamid, Texas CITY OF NEDERLAND ORDINANCE NO. 2008 -04 ' AN ORDINANCE AMENDING CHAPTER 50 BY REPEALING SECS. 50.1 — 50.77 WHICH PROVIDES FOR FLOOD DAMAGE PREVENTION IN THE CITY OF NEDERLAND, TEXAS; BY ADDING NEW SECS. 50.1 — 50.63 PROVIDING IN ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS; PROVIDING IN ARTICLE 2 DEFINITIONS; PROVIDING IN ARTICLE 3 GENERAL PROVISIONS; PROVIDING IN ARTICLE 4 ADMINISTRATION; PROVIDING IN ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING IN ARTICLE 6 SEVERABILITY, REPEALING CLAUSE, PENALTIES AND ADOPTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has, in certain statutes, delegated the responsibility to local governmental units to adopt new regulations designed to minimize flood losses; and WHEREAS, the City of Nederland desires to adopt such new regulations; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article I (In General) and Article II (Flood Damage Prevention) of Chapter 50 (FLOODS) of the Code of Ordinances of the City of Nederland, Texas, is amended by repealing the existing Secs. 50.1 through 50.77. Section 2. That Chapter 50 (FLOODS) of the Code of Ordinances of the City of Nederland is amended by adding new Article I (Statutory Authorization, Findings of Fact, Purpose and Methods), Article II (Definitions), Article 3 (General Provisions), Article 4 (Administration), Article 5 (Provisions for Flood Hazard Reduction, and Article 6 (Severability, Repealing Clause, Penalties for Non- Compliance), to read as follows: ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION 50.1. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Nederland, Texas, does ordain as follows: SECTION 50.2. FINDINGS OF FACT (1) The flood hazard areas of the City of Nederland are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 1 (_J J '� 09S (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION 50.3. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION 50.4. METHODS OF REDUCING FLOOD LOSSES ' In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters, (4) Control filling, grading, dredging and other development, which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTIONS 50.5 — 50.25 Reserved. ARTICLE 2 DEFINITIONS SECTION 50.26. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 7 2 099 ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition, and unpredictable flow paths. L APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1 percent annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR /AO, AR /AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate - making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1 -30, AR/AE, AR /AO, AR /AH, AR /A, VO, V1 -30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1430, or VE that indicates the water surface elevation resulting from the flood that has a 1 percent chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man -made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non - basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for f servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood - related erosion hazards. FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and /or E. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances . subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area IU1 within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior: or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. 1 � ' MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self - propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 1 11 .. SECTION 50.30. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of The City of Nederland. SECTION 50.31. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map (FIRM), Community Number, 485492 0005D dated June 3, 1991 and Community Number, 480385 0285C, dated November 20, 1991 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION 50.32. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION 50.33. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or L other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTIONS 50.27 — 50.29 Reserved. L ARTICLE 3 GENERAL PROVISIONS SECTION 50.30. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of The City of Nederland. SECTION 50.31. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map (FIRM), Community Number, 485492 0005D dated June 3, 1991 and Community Number, 480385 0285C, dated November 20, 1991 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION 50.32. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION 50.33. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 10q SECTION 50.34. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 50.35. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION 50.36. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTIONS 50.37 — 50.39 Reserved. ARTICLE 4 ADMINISTRATION SECTION 50.40. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Chief Building Official is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION 50.41. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 105 (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the ' Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. SECTION 50.42. (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him /her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1). (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated ' development; 106 (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION 50.43. VARIANCE PROCEDURES (1) The Zoning Board of Appeals, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Zoning Board of Appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Zoning Board of Appeals may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 112 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. to 10'; (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1) -(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. SECTIONS 50.44 — 50.49 Reserved. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 50.50. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to L minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION 50.51. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 12 L W 1051 (b) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in L a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) The lowest floor of the manufactured home is at or above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. SECTION 50.52. STANDARDS FOR SUBDIVISION PROPOSALS j (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C, and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTIONS 50.53 — 50.59 Reserved. L W 1051 110 ARTICLE 6 SEVERABILITY, REPEALING CLAUSE, PENALTIES FOR NON COMPLIANCE SECTION 50.60. SEVERABILITY If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 50.61. REPEALING CLAUSE All ordinances or parts or ordinance in conflict with this ordinance are hereby repealed. SECTION 50.62. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Nederland City Council from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 50.63. CERTIFICATION OF ADOPTION PASSED, APPROVED AND ADOPTED this /V day of .2008. R.A. Nuge Mayor City of Nedbrland, Texas ATTEST: LaDonna Floyd, City Clem City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: oz 1 bLC Richard Hughes, City Attorney City of Nederland, Texas I, the undersigned, , do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the City of Nederland City Council, at a regular meeting duly convened on 2008. Signature of Certifying Official SEAL 1 I 13. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING April 28, 2008 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. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve the minutes of the April 14, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a proclamation to Harry Carter declaring May 2008 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. Mr. Carter thanked the Mayor and Council for their continued support. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Rogers to approve a Proclamation declaring May 2008 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. INVESTMENT REPORT Cheryl Dowden, Director of Finance, presented the Quarterly Investment Report for the quarter ending March 31, 2008. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to accept the Quarterly Investment Report as presented from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. BUDGET A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve Ordinance No. 2008 -05, amending the FY Y 2007 -2008 annual budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ] 1 Minutes continued, April 28, 2008 A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve Ordinance No. 2008 -06, amending the FY 2007 -2008 annual budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. ORDINANCES A motion was made by Councilmember Neal and seconded by Councilmember Sawyer to approve an Amendment to Ordinance No. 164, setting regular dates for City Council meetings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Sawyer to approve Ordinance No. 2008 -07, adopting the 2006 International Fire Prevention Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve Ordinance No. 2008 -08, adopting a Personnel Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tem Rogers to approve an agreement with Interface EAP for the Employee Assistance Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Mayor Pro Tern Rogers to approve a Memorandum of Understanding with the Texas Department of Public Safety, Texas Interoperability Channel Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to approve a payment to Schaumburg & Polk, Inc. in the amount of $8,781.61, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, April 28, 2008 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. PUBLIC OFFICIALS' COMMENTS Andre' Wimer, City Manager, reminded the Council that the May meetings will be held on the first and third Mondays due to election issues and Memorial Day holiday. He also reported that construction on the generator installation at the Fire Station and expansion of the Dispatch Office is underway. Councilmember Griffin reported that she has received some complaints about late night activities at Doornbos Park. She suggested that the gates be closed earlier. Mr. Wimer explained that he would discuss the matter with Steve Hamilton and Tom Riley. Jeff Ortiz, 1004 Avenue B, asked how closing of the park could be enforced because there is parking available between the Recreation Center and the swimming pool. Mr. Wimer explained that if anyone is in the park after hours the police could issue a citation, but if the gates were closed it would eliminate the ability of vehicles to drive to the rear of the park. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Rogers to adjourn the meeting at 6:36 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas l7 R. A. Nugent, Mayor City of Nederland, Texas 11 114 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer Council Member -Ward I ✓ Billy Neal Council Member - Ward II I/ Debby Griffin Council Member -Ward III r✓ Bert Rogers Council Member -Ward IV I,✓ Andr6 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. Nu ent, yor LaDonna Floyd, City Clerk Date 1 1 1 1 1 City 0 Nederland ' 115 RA 'flick' Nugent May *r Bert Roger., Mayo, pm Fen' Flobert Sawyer Councilrremper 3Aiv Neat, Uuumi�mer-ib , JeWyGrAin,'Ccruoritrre ra, Atidt -0 Nlimer. Oily Managet P.O. Box 967 • Neclerla+id, Texas 77627 • (409) 72:3.7503 •FAX (409) 723 -1.550 1nvotment, Report For the Quarter Ending tMarch 31, 2008 This report has been prepared in accordance with the Public: Funds Investment Act (- Section 246,023, Government C'odc), which requires that a quarterly report be submitted to City Council detailing; investment transactions and perforniatzcc For the reporting period. Submitted by the Investment Officers al'ihe City o!'Nederland Atldre' Wimtw, City Nlanagc.r Cheryl [)owdeli, Dircctor of inance 116 City of Nederland Summary of Account Activity ' Total Portfolio - All Accounts For Quarter Ending March 31, 2008 Investments at Beginning of Period (1 -1 -08) $ 4,371,458.57 Purchases 38,762.39 Maturities 0.00 Investments at End of Period (3- 31 -08) $ 4,410,220.96 Maturity Summary at March 31, 2008 rO Less than 3 months 103 to 6 months ® 7 to 9 months ■ 9 to 12 months 1 J City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2008 1 1 11 Fund Allocation at March 31, 2008 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% Balance Balance 01/01/2008 Purchases Maturities 03/31/2008 General Fund $ 3,232,328.77 $ 28,727.27 $ 3,261,056.04 Library Fund 31,575.59 191.76 31,767.35 Water & Sewer Fund 972,675.84 8,644.64 981,320.48 Motel Occupancy Tax Fund 11,824.93 105.07 11,930.00 Solid Waste Fund 794.79 7.10 801.89 Police Narcotics Fund 45,721.57 406.36 46,127.93 Bond Redemption Fund 76,537.08 680.19 77,217.27 $ 4,371,458.57 $ 38,762.39 $ - $ 4,410,220.96 Fund Allocation at March 31, 2008 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% 118 Investment Report Schedule Investments for the Quarter ended March 31, 2008 CERTIFICATES OF DEPOSIT I Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount March 31, 2008 Held at March 31, 2008 Library Special Fund 1481085106 01/04/08 12/31/08 362 3.59% 10,000.00 $ 85.93 Total Interest Earned on CDs for the quarter ended March 31, 2008 $ 85.93 Total Certificates of Deposit held at March 31, 2008 $ 10,000.00 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2008 IINVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments 1 1 Market Principal $ 3,232,328.77 972,675.84 76,537.08 11,824.93 21,575.59 794.79 45,721.57 Interest Earned $ 28,727.27 8,644.64 680.19 105.07 191.76 7.10 406.36 119 Book Value $ 3,261,056.04 981,320.48 77,217.27 11,930.00 21,767.35 801.89 46,127.93 $ 4,361,458.57 $ 38,762.39 $ 4,400,220.96 Average Days to Interest Period Held Maturity Rate General Fund 01/01/08 03/31/08 1 3.55% Water & Sewer 01/01/08 03/31/08 1 3.55% Bond Redemption Fund 01/01/08 03/31/08 1 3.55% Motel Occupancy Tax Fund 01/01/08 03/31/08 1 3.55% Library Special 01/01/08 03/31/08 1 3.55% Solid Waste Fund 01/01/08 03/31/08 1 3.55% Police Narcotic Fund 01/01/08 03/31/08 1 3.55% Totals for TEXPOOL Investments 1 1 Market Principal $ 3,232,328.77 972,675.84 76,537.08 11,824.93 21,575.59 794.79 45,721.57 Interest Earned $ 28,727.27 8,644.64 680.19 105.07 191.76 7.10 406.36 119 Book Value $ 3,261,056.04 981,320.48 77,217.27 11,930.00 21,767.35 801.89 46,127.93 $ 4,361,458.57 $ 38,762.39 $ 4,400,220.96 120 Investment Report Schedule Investments for the Quarter ended March 31, 2008 INTEREST EARNED ON DEMAND DEPOSITS Bond Redemption Fund Court Technology Fund Equipment Replacement Funds General Fund Library Special Fund MCML Dispatch Motel Occupancy Tax Fund Parks & Recreation Special Fund Police Narcotic Fund Solid Waste Fund SRF Construction & Escrow Funds SSES Fund W & S Certificate Fund Water & Sewer Fund Wastewater Construction Fund Period Held 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 01/01/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 03131/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 03/31/08 Average Days to Interest Maturity Rate 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% 1 3.69% Interest Earned Quarter ended March 31, 2008 214.10 28.07 4,334.23 23,599.34 316.51 1,282.86 (0.82) 5.86 1,013.60 6,038.70 1,051.25 2,097.49 331.73 1,211.48 0.00 $ 41,524.40 1 1 1 1 Investment Report Schedule March 31, 2008 Interest Earnings for Quarter Ended March 31, 2008 Bond Redemption Fund $ 894.29 Court Technology Fund 28.07 Equipment Replacement Funds 4,334.23 General Fund 52,326.61 Library Special Fund 594.20 MCML Dispatch 1,282.86 Motel Occupancy Tax Fund 104.25 Parks & Recreation Special Fund 5.86 Police Narcotic Account 1,419.96 Solid Waste Fund 6,045.80 SRF Escrow & Construction Funds 1,051.25 SSES Fund 2,097.49 W & S Certificate Fund 331.73 Water & Sewer Fund 9,856.12 $ 80,372.72 1;�1. .122 CITY OF NEDERLAND ORDINANCE NO. 2008-05 AN ORDINANCE AMENDING THE FISCAL YEAR 2007 -08 ANNUAL BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2007 -06 which adopted , the Fiscal Year 2007 -08 Annual City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to reallocate funds by appropriating unencumbered funds remaining at September 30, 2007 in the amount of $1,500,000; and, WHEREAS, the Fiscal Year 2007 -08 Annual City Budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2007, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2007 and ending September 30, 2008, 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 transfer of funds to the Capital Outlay Fund; and, WHEREAS, the City Council finds that the Fiscal Year 2007 -08 Annual City Budget should be amended to allow the transfer of funds, provided such expenditures are made from the contingency account as set forth in Ordinance No. 2007 -06 adopting the Annual City Budget for Fiscal Year 2007 -08. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the purpose of this transfer is to allocate funds for construction, maintenance, and improvement of streets and infrastructure. ' THAT the Fiscal Year 2007 -08 Annual City Budget is amended to allow for an increase in transfers to the Capital Outlay Fund in the amount of $1,500,000. 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 2816 DAY OF APRIL, A.D., 2008. AA R. A. Nugent,4VAayor City of Nederland, Texas ATTEST: ��zc nl LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: , Richard D. Hughes, City Attcfmey City of Nederland, Texas CITY OF NEDERLAND ORDINANCE NO. 2008-06 AN ORDINANCE AMENDING THE FISCAL YEAR 2007 -08 ANNUAL BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2007 -06 which adopted the Fiscal Year 2007 -08 Annual City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to reallocate funds by appropriating unencumbered funds remaining at September 30, 2007 in the amount of $1,000,000; and, WHEREAS, the Fiscal Year 2007 -08 Annual City Budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2007, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2007 and ending September 30, 2008, 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 transfer of funds to the Equipment Replacement Fund; and, WHEREAS, the City Council finds that the Fiscal Year 2007 -08 Annual City Budget should be amended to allow the transfer of funds, provided such expenditures are made from the contingency account as set forth in Ordinance No. 2007 -06 adopting the Annual City Budget for Fiscal Year 2007 -08. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' THAT the purpose of this transfer of funds is to allow for the replacement of vehicles and heavy equipment. THAT the Fiscal Year 2007 -08 Annual City Budget is amended to allow for an increase in transfers to the Equipment Replacement Fund - General Fund in the amount of $1,000,000. 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 28h DAY OF APRIL, A.D., 2008. R. A. Nugent, fayor City of Nederland, Texas ATTEST: r LaDonna Floyd, City Clerk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorn6yy — City of Nederland, Texas 123 12_t AN AMENDMENT TO ORDINANCE NO. 164 ' AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 5, 2008 THROUGH APRIL 27, 2009. 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 5, 2008 June 9, 2008 July 14, 2008 August 11, 2008 September 8, 2008 October 13, 2008 November 10, 2008 December 8, 2008 January 12, 2009 February 9, 2009 March 9, 2009 April 13, 2009 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: May 19, 2008 June 23, 2008 July 28, 2008 August 25, 2008 September 22, 2008 October 27, 2008 November 24, 2008 December 15, 2008 January 26, 2009 February 23, 2009 March 23, 2009 April 27, 2009 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 28th day of April, 2008. R. A. Nugent, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY s Richard D. Hughes, OtyIlIttorney City of Nederland, Texas CITY OF NEDERLAND ORDINANCE NO. 2008-07 AMENDMENT TO THE INTERNATIONAL FIRE PREVENTION CODE ' AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE HAZARDS; REGULATING THE INSTALLATION, USE AND MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF STRUCTURES, PREMISES, AND OPEN AREAS IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS FOR COMPLIANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1 That the 2006 edition of the International Fire Prevention Code promulgated by the Southern Building Code Congress International, Inc. save and except such portions as are hereinafter deleted, modified or amended, is hereby adopted and incorporated as fully as if fully herein and from the date on which this ordinance shall take effect and the provisions thereof, as modified or amended herein shall be controlling in fire prevention and protection within the corporate limits of the City of Nederland, Texas. Section 2 Amendments, additions and deletions The following amendments, additions and deletions to and from the International Fire Prevention Code adopted herein and hereby made and adopted, such amendments, additions and deletions being set forth herein being identified by and prefaced by appropriate section number of the International Fire Prevention Code: Chanter 1 Insert in 101.1: 101.1— insert City of Nederland for [NAME OF JURISDICTION] Delete section 103.1 and replace with: 103.1 General. The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The fire code official of the City of Nederland or such assistant(s) as appointed by him/her shall perform the duties of the fire official in this code and the fire official shall enforce the provisions of this code and all state laws under his/her jurisdiction pertaining to the prevention, suppression, or extinguishment of fires. The fire official and his/her appointed assistant(s) shall have the power of a peace officer in performing their duties under this code. Add to section 108.1 after the last sentence: 108.1- Members of this board shall consist of the current members of the Construction Board of Appeals. 1 12 126 Delete section 109.3 and replace with: 109.3 - Violation Penalties. Any person, firm, corporation, or agent who shall violate a provision of this code, or fail to comply with any of the requirements thereof or who ' shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued and upon conviction of any such violation such person shall be punished by a fine of not less than Fifty Dollars ($50.00) or more than Two Thousand Dollars ($2000.00) Add to section 110.4 after the last sentence: 110.4 - If this is not done by the owner within the prescribed time, the owner shall be subject to fines and penalties as set out herein. If a structure becomes a health hazard due to fire, deterioration, or other reasons, the owner shall have sixty (60) days after being notified by the fire official to bring the structure to a condition that complies with this ordinance and all other ordinances of the City of Nederland, or to demolish the structure and remove all trash and debris from the property site. In addition to fines and penalties, the City Council shall have the authority to have the structure removed with all debris and trash from the property and all costs therefore shall be taxed against the owner of the property and a liens be placed against the property in accordance with the laws of the State of Texas. Insert in 111.4: 111.4 — insert Fifty ($50.00) in first dollar amount and Two Thousand ($2000.00) in second dollar amount. Chanter 3 , Add following 305.4: 305.5 - It shall be unlawful for any student through 12th grade, or any person under the age of eighteen (18), to possess any matches, cigarette lighters, or any other open flame producing appliance while on a public or private school property, or any property being used for school function or activity. EXCEPTION: It shall be an exception to this section that the student was directed and/or authorized by a school teacher or member of the administrative staff to operate an open flame producing appliance. Chanter 5 Delete section 508.1 and replace with: 508.1 Required Water Supply. An approved water supply either municipal or by private company capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Any private company supplying water in the jurisdiction shall comply with all applicable codes and standards, intemational, national and local. Delete section 508.5.3 1. And replace with: 1. Private fire hydrants (all types): Inspect annually in accordance with NFPA standards to include flow test. Annual inspections must be completed by March I" of each calendar year and verification, including flow test results, of such inspection must be submitted to the fire code official not later than March 15th of each calendar year. Additionally fire hydrants , must be inspected, but not flow tested after each operation to assure no damage occurred. Chapter 9 Add to 903.3.7 after the last sentence: t 903.3.7 - For all buildings protected by an automatic sprinkler system or standpipe system with the fire department connection exposed to potential vandalism, the fire official may require that a fire department connection security cap(s) be installed. The caps shall be of a type approved by the fire official. Chapter 10 Add to 1020.1.6 after the last sentence: 1020.1.6 - All enclosed stairwells of buildings, other than single family residential more than one story in height, shall have affixed to the doorway leading into each level, a reflective (Scotchlite or equal) placard or sign meeting the fire code official=s approval mounted at a height of twenty -four (24) inches above floor level. The placard shall be a red reflective circle six (6) inches in diameter with the floor designation numeral being white reflective three (3) inches high, flanked by white reflective AF=_ and AD:—: one and one -half inches high. Chapter 27 Delete section 2703.3.1.4 and replace with: Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the fire official, cleanup may be initiated by the fire department or by an authorized individual or firm. All costs associated with such cleanup shall be home by the owner, operator or other person ' responsible for the unauthorized discharge. That the eminent potential for a discharge, leak, release or spill, as determined in the reasonable judgment of the fire official of the City of Nederland or his/her designee, the owner and/or carrier shall be responsible for all cost, to include standby cost, incurred by any City of Nederland department due to the threat or the release of a hazardous substance. Chapter 34 Add to section 3404.2.9 after the last sentence: 3404.2.9 - The aboveground tank storage of flammable liquids in residential areas is prohibited. Tank storage of combustible liquids in residential areas shall require the approval of the fire official. Add to section 3404.2.11 after the last sentence: 3404.2.11 - The underground tank storage of flammable and combustible liquids in residential areas shall require the approval of the fire official. Section 3 Severability Clause: If any violation of this Ordinance or the application thereof 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. Repealine Clause: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. ' When Effective: This ordinance shall take effect from and after its passage and publication as required by law. w 12r 128 PASSED AND APPROVED by the City Council of the City of Nederland this the -iYday of r "oAa 2008. R. A. Nuge&q Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: i ' �•-� Richard Hughes, City Aflorney City of Nederland, Texas J 1 1 CITY OF NEDERLAND ORDINANCE NO. 2008 -08 AN ORDINANCE REPEALING ORDINANCE NO. 147 AND ADOPTING A NEW PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND; PROVIDING POLICIES AND PROCEDURES RELATED TO EMPLOYMENT WITH THE CITY OF NEDERLAND; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland has determined that a Personnel Policy should be established for the employees of the City of Nederland; and WHEREAS, the City Council has determined that it is in the best interest of the effective operation of the City of Nederland to replace the existing Personnel Policy of the City of Nederland; and WHEREAS, the Personnel Policy specifies policies and procedures regarding employment with the City of Nederland. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The Personnel Policy identified as "Attachment A" is hereby adopted. L Section 2. The Personnel Policy identified as "Attachment A" is to become effective June 1, 2008. Section 3. If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of the ordinance. Section 4. All ordinances or parts of ordinances in conflict with the ordinance are hereby repealed including but not limited to Ordinance No. 147 and any and all revisions and amendments to Ordinance No. 147. PASSED AND APPROVED by the City Council of the City of Nederland this the mod' day of Q4O-�, � 12008. Ft.. A N gen ayor City of Nederland, Texas ATTEST: �.frJ LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, ity Attorney City of Nederland, Texas 130 This contract is between the CITY OF NEDERLAND and Interface EAP for an Employee Assistance Program (EAP) as described below: 1. Services The services to be provided by Interface EAP are as follows: 1. Twenty-four hour telephone service with both a local Houston and a toll -free national number for employees and family members to use for any personal problem. 2. Diagnosis, assessment, initial treatment planning, and if necessary a referral for personal problems, particularly those with the potential for affecting work performance. This includes consultation with our professionals until an accurate diagnosis and initial treatment plan is reached for each client of the EAP. 3. Supervisory/Management training for supervisors on recognizing, documenting, and referring an employee with job performance issues to the EAP, as well as providing information on all services of the EAP. 4. An employee orientation will be available to familiarize all employees with the services provided by the EAP and the process for utilizing the program. NOTE: Both supervisory training and employee orientations will be presented either by video or a ' Program Coordinator and will include printed materials. Training and/or travel costs (including hotel and transportation) may be charged back to the CITY OF NEDERLAND depending on location and group size. 5. Ongoing program awareness in the form of posters, handouts, and promotional flyers for distribution and display. 6. Assistance in establishing a clear policy letter concerning the CITY OF NEDERLAND's position on employees who use the EAP. 7. Quarterly utilization reports. This will include nature of the contact, referral source, and demographics of employees, providing that certain information will not jeopardize confidentiality. 8. Access to participant website (www.4eap.com) and online Work/Life and Wellness resources including a variety of educational materials, personal health profiles, and an on -line store offering free and discounted wellness materials. Also available is a searchable work/life database containing childcare, elder care, adoption, school and college resources. 9. Critical Incident Stress Debriefing (CISD) to take place between 24 and 72 hours after a traumatic event. Wellness Seminars will also be made available with topics to be chosen by the CITY OF NEDERLAND. CISD's and Wellness Seminar costs may be charged back to the CITY OF NEDERLAND depending on group size. Please see attached In- Service Fee Schedule for ' pricing. )31 ' 10. Services requested and provided beyond those outlined in Section I will he billed to the CITY OF NEDERLAND. Please see attached In- Service Fee Schedule for pricing. II. Procedures An employee /family member will have initial contact with a clinically trained care coordinator at Interface. A case will be opened and they will be referred to a licensed counselor established in private practice with experience in the area of the presenting problem. The employee /family member may request another counselor, for any reason, after their first session without losing that session as one of the allotted sessions for that problem. The employee, a supervisor, or both may initiate contact. A family member may be referred to the program by his or her own call or by a referral of the employee. When an employee or family member contacts the EAP, they will be directed to the most convenient office location in their area. A licensed counselor will be assigned to diagnose, assess, formulate an initial treatment plan, and if necessary refer for additional treatment. In all instances the need and/or problem will be addressed. The goal of the counseling process for an employee will be his or her effective return to full productivity. III. Publicity of Services ' The CITY OF NEDERLAND will inform its employees of the services provided by Interface with at least a letter emphasizing the confidentiality of the EAP. The letter should inform employees that the program is confidential and that any employee seeking assistance will not jeopardize his or her position with the organization. Interface will provide literature in the form of brochures describing the EAP, and all services included in Section I of this contract. IV. Reaortine When the initial contact is the result of a supervisory referral in regards to job performance issues, an EAP care coordinator will inform the supervisor of the following: 1) whether the employee has contacted the Employee Assistance Program, 2) whether treatment goals have been established (without identification of those goals), and 3) whether there is progress (but not the nature of that progress) toward treatment goals. Interface provides an employee release form that authorizes pertinent information regarding the progress of treatment to be released to the supervisor. Interface encourages this release if a supervisor has referred the employee. Only with a signed release from the employee can Interface release M information regarding contact or other information to anyone except as required by law. ' Employees who make their own contact (self - referrals) with the EAP will be encouraged to share information with supervisors if deemed appropriate by the counselor. No reports will be made to the CITY OF NEDERLAND concerning self - referrals other than the agreed upon reports in 139- Section I. Neither the purpose nor content of the contact b an employee or family member will be ' Pm'P Y Y revealed to any representative of the CITY OF NEDERLAND. The CITY OF NEDERLAND will provide a list of employees including their social security numbers to Interface for the purpose of verifying employment. An updated list will be provided monthly, or as there are material changes in employment. All agreed upon analysis are dependent on the existence of data to be provided by the CITY OF NEDERLAND in a relatively accessible form with all due regard for the confidentiality of employees. Except as provided herein, or by law, the identity of the employee or family member, the nature of the contact, treatment progress and prognosis, will be confidential and reported to no one without the written consent of the employee or family member. V. Consultation A clinically trained care coordinator and/or crisis counselor will be available to employees and family members 24 hours a day via a national toll free number to assist with any calls of a crisis nature. Supervisors may also call upon the EAP to assist in problem identification, documenting impaired job performance, intervention with a problem employee, or other concerns. Sessions with a licensed counselor will be on an as needed basis, and will be free of charge to ' the employee and/or family member as described herein. The number of sessions provided to participants will be 5 per person per family problem. Each person has their own coverage, but if more than one covered family member is seeking counseling for the same problem, available sessions are not increased for that problem. For example, if both spouses are seeking counseling for marital problems, 5 sessions would be available, not 10 because two family members are participating. However, if during the assessment, the counselor discovers that one of them has a separate problem, that spouse may seek counseling for that problem (and have up to 5 sessions) with another provider. The EAP will be used first to obtain an assessment of the problem. If the problem is short term, additional EAP sessions will be available for the person(s) seeking help. If the problem is long term, a referral to the appropriate program(s) could be made prior to exhausting the full 5 EAP sessions. If further treatment is needed that is not covered under insurance, Interface will work to make available that treatment at a reduced cost to the family. Referrals for legal problems are provided through Legal Access. Each covered family has a maximum of 3 consultations with an attorney per plan year. The consultations with an attorney may be either in person or via telephone with the first 30 minutes at no charge. Additional services with the attorney are provided at a reduced rate. Employees will have 3 Financial Planning sessions per family, per year. All services are provided via telephone. 1 1 J.t MEMORANDUM OF UNDERSTANDING Texas Interoperability Channel Plan (TICP) Original issue, April 1, 2005 Texas Department of Public Safety And City of Nederland Purpose This Memorandum of Understanding (MOU) establishes permissions and guidelines for use of interoperability or mutual -aid radio channels by Local government jurisdictions and their associated emergency response agencies State agencies in Texas and their associated emergency response organizations Federal agency local units in Texas and their associated emergency response organizations Private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool as defined in Part 90 of the FCC Rules (47CFR subpart B paragraphs 90.15- 90.20). It imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use state - licensed radio channels held by the Texas Department of Public Safety (TxDPS). This agreement supersedes the MOU associated with the Immediate Radio Communications Interoperability Plan ( IRCIP) of January, 2003. The IRCIP shall continue in force until this agreement is executed by the jurisdiction, or until December 31, 2005, whichever comes first. Authority Execution of this agreement by state and local entities is authorized by Texas Government Code Chapter 791 (local governments), Chapter 771 (state agencies), and Texas Government Code Chapter 411.0105 (Public Safety Radio Communications Council). This MOU satisfies Federal Communications Commission Part 90 rules for extending license privileges to others by agreement. Federal agencies are permitted access to interoperability channels as authorized by 47 CFR 2.102 (c) & 2.103 and Part 7.12 of the NTIA Manual. Federal agencies may execute this MOU and shall adhere to the attached guidelines. Applicability This MOU authorizes the use of certain radio frequencies by emergency response organizations as defined by Department of Homeland Security (Office of Domestic Preparedness) and the Governor's Division of Emergency Management. Generally, this includes organizations in the following governmental disciplines: Emergency Management Health Care Public Safety Communications Emergency Medical Services Law Enforcement Hazardous Materials Public Health Public Works I Transportation Fire Service Governmental Administration i This MOU authorizes use of state - licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en -route travel, or on- incident communications in accordance with an Incident Communications Plan. Background The 77th Legislature, in an effort to provide for effective emergency radio communications by state agencies, called for an Interagency Radio Work Group (IRWG) to develop a state agency communications network. That group developed a preliminary plan that was accepted by the state IRWG and the Sheriffs Association of Texas on March 27, 2001. Subsequently, the IRWG determined that the state agency communications network should be expanded to include all public safety agencies in the state. This was accomplished by IRWG's development of the Immediate Radio Communications Interoperability Plan ( IRCIP) of January, 2003. The IRCIP addressed radio communications interoperability between state and local jurisdictions using VHF wideband radio equipment for dispatch, en- route, and on- incident communications. Approximately 300 local government jurisdictions have accepted the IRCIP and submitted an executed Memorandum of Understanding to TxDPS. In response to a Federal Communications Commission requirement for establishment of state /regional advisory committees, the Texas Statewide Interoperability Executive Committee (TSIEC) was formally established as an advisory committee to TxDPS. The Texas Interoperability Channel Plan, developed by TSIEC and included in this MOU, provides essential guidance for interoperable radio communications using VHF, UHF, 700 MHz, and 800 MHz radio equipment for interagency coordination, en -route travel, or on- incident communications. Understandings Texas Department of Public Safety will: Manage and maintain proper licenses for the use of the interoperability frequencies identified herein. Manage and maintain an accurate database of federal and state agencies and local government jurisdictions that have accepted and signed this MOU. Issue updates and revisions to the Texas Interoperability Channel Plan contained herein upon request by the Texas Statewide Interoperability Executive Committee (TSIEC) and the Executive Director of the Texas Department of Public Safety. Jurisdiction will: Participate in regional communications planning (generally arranged by regional Council of Governments) that provides for regional radio communications interoperability. Manage use of the interoperability frequencies by its employees, ensuring compliance with the Texas Interoperability Channel Plan (TICP) and federal /state /local laws, ordinances, and rules. t J7-r Use the interoperability frequencies authorized hereby for their intended purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en -route travel, or on- incident. Use the interoperability frequencies for operational and en -route communications in accordance with local and regional policies and procedures. Use the interoperability frequencies for on- incident communications in accordance with the Incident Communications Plan established by the on -scene Incident Commander. Prioritize use of the interoperability frequencies: 1. Emergency or urgent operation involving imminent danger to life or property 2. Disaster or extreme emergency operation requiring extensive interoperability and inter - agency communications. 3. Special event, generally of a pre - planned nature 4. Joint training exercises 5. Inter - agency and en -route communications Implement radio communications procedures consistent with the National Incident Management System (NIMS) and Incident Command System (ICS) including: Use "plain language" without 10 -codes or agency - specific codes /jargon. ' Use the calling protocol: "Agency -Unit #, this is Agency -Unit # ", rather than "Unit # to Unit # ". Examples: "Bryan EMS 1605, this is Tyler Fire 2102" or "Incident Command, this is DPS 505" Ensure that mobile, portable, and temporary base radios intended for use by agency leadership (officers) are configured with the appropriate in -band interoperability frequencies as found in the TCIP. This means that, as a minimum, the interoperable frequencies would be added to the day - to-day frequencies used by that entity. Texas Law 1: analog wideband VHF coordination channel for mobile -to- mobile use by emergency personnel on a scene or incident Texas Law 2: analog wideband VHF calling channel for mobile -to -base use by transient or en -route emergency personnel Texas Law 3: National analog wideband VHF channel for coordination of law enforcement activities Texas Fire 1, Texas Fire 2, Texas Fire 3, analog wideband VHF frequencies primarily for fire service use or for use as dictated by Incident Commander on incidents Texas Medical 1, analog wideband VHF frequency primarily for use by EMS agency personnel on incidents Texas Air 2, analog wideband VHF frequency for air -to- ground use with state or federal aircraft only at direction of Incident Commander on incidents. Ensure that appropriate interoperability calling channels are monitored by communications operators at dispatch centers identified in a regional communications plan. As an example, monitoring may include, at a minimum: 7 Texas Law 2, analog wideband VHF calling channel (this channel, formerly designated "Intercity ", is implemented at most dispatch points in Texas). This channel should be available until January 1, 2013. VCALL analog narrowband VHF calling channel, implemented not later than January 1, 2008, in accordance with regional interoperability plans developed by regional Councils of Government. Ensure that interoperability calling channels are monitored at the Incident Command Post on major incidents requiring significant aid from agencies beyond routine local interoperability. Monitoring shall include one or more of the following: Texas Law 2, analog wideband VHF calling channel WALL, analog narrowband VHF calling channel [implement by January 1, 2008] VCALL, analog narrowband UHF calling channel [implement by January 1, 2006] 7CALL, digital narrowband P25 700 MHz calling Channel [implement by January 1, 2008] 8CALL, analog national calling channel [implement by January 1, 2006] Incident Command Post monitoring may be implemented using cross -band repeaters, communications operator console patching, or VHF /UHF/700 1800 MHz fixed or mobile gateway. The parties mutually agree: Jurisdiction and TxDPS agree that their mutual interests will be furthered by continued coordination between the jurisdiction and the Texas Statewide Interoperability Executive Committee ( TSIEC). Jurisdiction and TOPS agree that this Memorandum of Understanding may be cancelled at any time, by written notice to the other party, or by subsequent agreements. TICP Incorporated into this MOU The attached Texas Interoperability Channel Plan (TICP— Original Issue March 25, 2005) is incorporated into this MOU in its entirety. The TICP may be revised by TSIEC and TxDPS from time to time, and revisions will be provided to Jurisdictions by TxDPS. Should Jurisdiction elect to withdraw from this MOU because of TICP revisions, notice shall be given by mail to Texas Department of Public Safety, Box 4087, attn: RF Unit, Austin TX 78773- 0250. 1 J MOU Agreement This Memorandum of Understanding was agreed to this ?sth day of April , 2008. Return two copies of only this signature page to the address below. JURISDICTION Jurisdiction Name: City of Nederland Authorized Signature: Print Name: Richard A. Nugent Title: Mayor Jurisdiction Address: P. O. Box 967 Nederland Texas 77627 Phone: 409-723-1503 e-mail: Number of mobile, portable, and /or temporary base radios to be operated under DPS licenses: Mobile Portable Temporary Base - Mobile Relay 150 MHz Wideband 150 MHz Narrowband 450 MHz Narrowband 700MHz 800 MHz NPSPAC 39 64 5 (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY Authorized Signature: For the Executive Director Robert E. Pletcher Program Director, TxDPS RF Unit and Chairman, Texas Statewide Interoperability Executive Committee 5805 North Lamar, MSC 0259 Austin, Texas 78773 -0250 Tel. 512 - 424 -5307 FAX 512 -424 -5320 Robert.Pletcher @txdps.state.tx.us REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND i 3:00 p.m. May 5, 2008 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 Neal and seconded by Councilmember Sawyer to approve the minutes of the April 28, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. BIDS /PROPOSALS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Rogers to approve an agreement for with Edward & Fontenote, L.L.P., Beaumont, TX, to perform the City's audit for FY 2007 -2008 in the amount of $31,300.00 if Single Audit Act requirements are not necessary, and $35,300.00 if Single Audit Act requirements are necessary. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Sawyer and seconded by Councilmember Neal to award a proposal for Water Treatment Plant generator installation, Hurricane Rita recovery project, to Jefferson Electric Co., Beaumont, TX, in the amount of $44,767.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to approve an agreement with Knudson L.P. for services associated with a review of the City Zoning Ordinance in an amount not to exceed $25,000.00; contingent upon final approval of the agreement by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 1 Minutes continued, May 5, 2008 4. ORDINANCES L A motion was made by Councilmember Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2008 -09, regulations for City parks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Rogers to approve Ordinance No. 2008 -10, regulations for the Recreation Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Sawyer to approve Ordinance No. 2008 -11, establishing rates to be charged by Texas Gas Service. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. STREET LIGHT REQUEST A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to authorize the installation of a street light at 2810 West Chicago. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. OFFICIALS' COMMENTS John Logan, U. S. Postal Service Representative, addressed the Council regarding the need for expansion of the Nederland Post Office. He indicated that they would like to lease the lots between the building and Atlanta Avenue in order to place a trailer that would provide additional work area. He added that it is their policy to address the City of each location that proposed work is to be done. They then wait fifteen days to hear comments from City government or citizens regarding the proposal. Mayor Nugent asked Mr. Logan if there were any plans to expand the parking area at the post office. Mr, Logan was unaware of any existing plans but stated he would report the situation. After a brief discussion between the Council and Mr. Logan the Council advised him to submit a letter to the City detailing their plans for the Nederland facility, adding that the City does have strict ordinances governing where trailers can be placed. Mr. Logan stated that he would inform their headquarters of the ordinances and they would submit the plans to the City for consideration. 139 Minutes continued, May 5, 2008 Andre' Wimer, City Manager, stated that this is his last meeting with the City of Nederland and it happens to be number 365. He added that he has enjoyed his years and thanked the Department Heads and staff for their continued support over the years. The Mayor and Council all thanked Mr. Wimer for his dedicated service to the City and the citizens of Nederland. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk T ' City of Nederland, Texas 1 1 141 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer 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 Corde Zepeda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief ,✓ Gary Collins Fire Chief ✓ Cheryl Dowden Director of Finance t✓ Steve Hamilton Director of Public Works i✓ Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager ✓ R. A. Nugent, Mayor r "gon oc " "m ' LaDonna loyd, City Clerk 5 _,5- (0 w Date 14 CITY OF NEDERLAND ORDINANCE NO. 2008 -09 ' AN ORDINANCE REGULATING THE USE OF AND BEHAVIOR IN PARKS AND RELATED FACILITIES WITHIN THE CITY OF NEDERLAND; PROVIDING FOR HOURS OF OPERATION, TRAFFIC AND PARKING REGULATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE PROVIDING FOR SERVERABILITY; AND REPEALING ALL SECTIONS OF ANY AND ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, the City Council of the City of Nederland, Texas desires to establish regulations for governing parks and related facilities within the City of Nederland and provides a penalty for violation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: That Chapter 76, of the Code of Ordinances, City of Nederland, Texas, is amended by deleting Sec. 76 -2 in its entirety. SECTION 2: That Chapter 76, of the Code of Ordinances, City of Nederland, Texas is hereby amended by adding new sections, to be numbered 76 -2 through 76 -30, are to read as follows: ARTICLE I. GENERAL Sec. 76 -2 — 76 -25. Reserved ARTICLE II. PARK REGULATIONS Sec. 76 -26. Definitions In this Article: (1) "Enter" means to intrude any part of the body or any physical object connected with the body. (2) "Intentionally', "Knowingly' and "Recklessly' have the meaning assigned to each term as set forth in Texas Penal Code, Section 6.03 (Culpable Mental State). (3) "Law" means the constitution or statute of this state or of the United States, a written opinion of a court of record, or a municipal ordinance. (4) "Motor vehicle' means a device in, on, or by which a person or property is or may be transported or drawn on a highway. (5) "Motorized vehicle" means a device, not defined as a motor vehicle by State statute, that is propelled by any motor such as, but not limited to, motor scooters, quad - wheeled cycles, dirt bikes, etc. 1 (6) "Notice' means: (a) oral or written notice by the City or someone with ' apparent authority to act for the City; or (b) a sign or signs posted in the park or at the entrance to any building or facility, reasonably likely to come to the attention of a person, indicating the hours that the park is closed to the public. 143 (7) "Park" or "City park" means any property owned and /or leased by the City of Nederland, which is designated for recreational purpose, or public property used by the City for recreational purposes, including all parks in the City of Nederland as named: C. Doornbos Heritage Park, Rienstra Family Park, Tex Ritter Historical Park, Homer Nagel Neighborhood Park, Carl "Cropo" LeBlanc Neighborhood Park and South 5'" Street Neighborhood Park. (8) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12 Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law. (9) "Possess" means actual care, custody control, or management. (10) "Si n s " means any authorized posting, as determined by the City Council and /or the City Manager or his /her designee, within or near any City park or property adjacent to any City park. (11) "Swimming Facility" means any property owned and /or leased by the City of Nederland, which is designated for aquatic recreational purpose, or public property used by the City for aquatic recreational purpose. (12) "Walking path" means any footpath or sidewalk constructed of concrete or other materials located within any City park. Sec. 76 -27. Use of City parks L (A). Hours of Operation: (1) All City parks shall be closed to the public from 10:00 p.m. to 5:00 a.m. each day of the week. (2) Except for unusual circumstances or unforeseen emergencies as determined by City Supervisory Personnel, all City parks shall be open to the public from 5:00 a.m. to 10:00 p.m. each day of the week. (3) The operational hours for the swimming facility, the Recreation Building, and other indoor recreational facilities shall be governed by other ordinances as currently enacted or as subsequently amended. (4) Parking of a motor vehicle in any City park is prohibited between the hours of 10:00 p.m. and 5:00 a.m., unless the person who has the motor vehicle is exempted from the closing time under this ordinance. Access to the parking lots by way of street or roadway shall be closed from 10:00 p.m. to 5:00 a.m. each day. Any City sponsored, hosted or approved community event, athletic event, league or tournament program may be exempted from park closing time by prior approval of the City Manager or his /her designee. (5) Security gates or barricades may be provided at any City park entrance for the purpose of closing and securing a park as deemed necessary by the City Council and /or the City Manager or his /her designee. (6) Signs may be posted within or near any City park to provide notice to patrons of the park hours, codes of conduct, speed limits, facility use and other ' miscellaneous matters as deemed necessary and appropriate by the City Council and /or the City Manager or his /her designee. 144 (B). Facility use and reservations: (1) Outdoor park facilities, i.e. pavilions, sundecks, and covered picnic tables i! policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b)AII outdoor structures are available for reservation on a first -come, first - serve basis according to application and deposit. The deposit shall be $50.00 as established in Ordinance No. 2001 -06 and as subsequently amended. (c) All reservation requests must be made in person at the Parks and Recreation Department office during regular office hours (8:00 a.m. until 5:00 p.m., Monday through Friday). (d) Reservations will be accepted from adults only. Adult shall be defined as any individual eighteen (18) years of age or older with valid identification. (e) Reservations shall not exceed four (4) hours in length. (f) Reservation may not be made more than one hundred twenty (120) days in advance of the date and time requested. (g) Decorations shall not be stapled or tacked to any park facility or structure. Any decoration that may stain or otherwise damage park facilities or structures shall not be permitted. (h) Prior written approval shall be obtained from the Parks and Recreation ' Department for any special decorations which shall include, but not be limited to, the following: any inflatable apparatus, tents, awnings, large banners or signs, etc. (i) No person using the outdoor park facilities shall solicit or charge money or receive compensation of any kind from any person in the course of using the City parks facility, except as authorized by the City Manager or his /her designee for City sponsored events. (j) The Parks and Recreation Department, stating the time, date and any other pertinent information concerning the exclusive use of any City park facility, will issue a permit contingent upon satisfactory conformance to the provisions of this Ordinance. (k) The person whose signature appears on the application, or their representative, shall be responsible for all participants using the reserved facilities. (1) If no reservations for exclusive use are made for City parks facilities, then all are available on a first -come first -serve basis. (2) Tennis court policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament program will have priority in matters of scheduling. (b) The tennis courts are available on a first -come, first -serve basis. ' (c) The courts will open for play at 5:00 a.m. 14 ') (d) All games must be completed ten (10) minutes prior to park closing time. (3) Basketball court regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament program will have priority in matters of scheduling. (b) The basketball courts are available on a first -come, first -serve basis. (c) The courts will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (4) Sand volleyball court policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The sand volley courts are available on a first -come, first -serve basis. (c) The courts will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (e) The courts are designated for sand volleyball and badminton games. No other activities will be allowed. (5) Soccer /athletic field policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The soccer /athletic fields are available on a first -come, first -serve basis. (c) The fields will open for play at 7:00 a.m. (d) All games must be completed ten (10) minutes prior to park closing time. (6) Softball field policy and regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The softball fields are available on a first -come, first -serve basis. (c) The fields will open for play at 7:00 a.m. However, no entry will be allowed if gates are locked. (d) All games must be completed ten (10) minutes prior to park closing time. (7) Horseshoe pits regulations: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling. (b) The horseshoe pits are available on a first come, first serve basis. (c) The horseshoe pits are designed for horseshoe or washer pitching games. No other activities will be allowed. 4 146 (d) The pit will open for play at 7:00 a.m. (e) All games must be completed ten (10) minutes prior to park closing time. (8) Playground equipment: (a) Any City sponsored, hosted or approved community event, athletic event, league or tournament will have priority in matters of scheduling conflict. (b) All playground equipment is designed for casual recreation by children and is to be used accordingly on a first -come, first serve basis. (c) Playground equipment is available for use from 7:00 a.m. until ten (10) minutes prior to park closing time. (9) The Recreation Building and swimming facility are governed by other ordinances as currently enacted or as subsequently amended. (C). Enforcement: (1) All Parks and Recreation Department employees and peace officers of the City acting in the scope of their employment shall, have the authority to enforce the provisions of this Ordinance. (2) All Parks and Recreation Department employees shall have the authority to eject, from any City park, any person acting in violation of this Ordinance. (3) Compliance with all laws, ordinances, rules and regulations is a condition of I the use of any City park or facility. Sec. 76 -28 Unlawful Conduct in City Parks Behavior — A person commits an offense if in a City park, the person intentionally, knowingly, recklessly: (1) Possesses or consumes an alcoholic beverage; (2) Builds or attempts to build a fire, except for a fire used for cooking in a pit, grill or other container manufactured for cooking with open flames; (3) Swims, wades, or otherwise enters in or upon any body of water, other than a swimming facility; (4) Rides, drives, or uses a bicycle, skateboard, scooter, rollerblades or skates, or any other motor or motorized vehicle on any walking path; (5) Possess a dog or other domesticated animal that is unleashed or on a leash of insufficient strength to restrain the animal; (6) Fails to deposit in a receptacle or container provided by the City for waste disposal any defecation from a dog or any domesticated animal in his /her possession; (7) Interferes with, disrupts or prevents the orderly conduct of any City ' sponsored, hosted or approved community event, athletic event, league or tournament program; 147 (8) Disregards, fails to observe, or otherwise violates any prohibition or direction appearing upon any sign in a City park; (9) Enters or remains in a City park when the park is closed to the public and the person had notice that the park was closed to the public or received notice to depart but failed to do so; or (10)Remains in a City park after being ordered to depart by a Parks and Recreation Department employee or peace officer of the City acting in the scope of their employment, when the person has interfered with, disrupted, or prevented the orderly conduct of any City sponsored, hosted or approved community athletic, league or tournament event, or has violated any state or federal law, or any City ordinance, while in the park; (B). Treatment of park property — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Marks, defaces, disfigures, injures, tampers with, displaces or removes any building, structure, monument, fountain, wall, fence, bridge, railing, vehicle, paving, bench, sign or other property or material located in any park; (2) Cuts, breaks, defaces or in any way injures the trees, shrubs, plants, grass or turf within any park; or (3) Fishes from any structure, gazebo, pavilion, sundeck, table, bridge or railing adjacent to the pond at Doornbos Park. Otherwise, fishing is allowed under Texas State Parks & Wildlife Department law and regulations; (C). Treatment of animals — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Abandons, leaves unattended, or deserts any animal, waterfowl or bird in any park; (2) Rides any cow, horse, mule, fowl or domesticated animal in any park; (3) Tethers or pastures, or allows or causes to be tethered or pastured any cow, horse, mule, fowl or domesticated animal in or upon any park; or (4) Uses a cast net for fishing purposes. (D). Littering and dumping — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Deposits paper, glass, broken glass, metal, litter, cigarette or cigar butts, or trash of any description in park property in any place, other than in receptacles or containers provided by the City for waste disposal; (2) Uses any park property as a dumping site for any bottle, broken glass, ashes, paper boxes, cans, dirt, grass, weeds, branches, rubbish, waste, garbage, refuse, litter or trash of any other description brought into any park property for the primary purpose of dumping, depositing, leaving, unloading, discharging, or disposing of such items. (3) Throws, discharges or otherwise places or causes to be placed in the waters of any Swimming Facility, pond, storm sewer, ditch or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the water, or dumps, deposits or leaves any bottle, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, ]4s refuse, litter or trash of any other description in any such waters of any City park. (E). Traffic and parking regulations — A person commits an offense, if in a City park, the person intentionally, knowingly or recklessly: (1) Operates or drives any motor or motorized vehicle at a speed in excess of 10 miles per hour; (2) Fails to observe any traffic sign indicating speed, direction, caution, stopping or parking and any other sign posted for proper control and to safeguard life and property; (3) Fails to obey any peace officer or City employee authorized to direct parking in the park. (4) Parks a motor or motorized vehicle in other than a designated parking area, or contrary to the direction signs, or contrary to the verbal instructions of any City employee; (5) Double -parks a motor or motorized vehicle on or adjacent to any roadway or parking area unless directed by City employees or parks any motor vehicle in a manner that blocks any roadway or walkway within a park; (6) Drives or operates a motor or motorized vehicle on any area outside a paved road or parking area or in any area where a "No traffic' sign has been posted, unless authorized by Parks and Recreation Department personnel; or (7) Leaves unattended, neglects or abandons a motorized vehicle in any City park, when the park is closed to the public, unless prior authorization from Parks and Recreation Department personnel has been given. Sec. 76 -29. Defenses /exceptions It is a defense to prosecution under Sec. 76 -28 that the person is: (1) a peace officer or fireman performing a duty or exercising authority approved or granted by law; (2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons, while the person is performing that duty; or (3) an employee of the City, or a maintenance, vending or delivery contractor, while the person is performing lawful business for and in accordance with the instructions of the City. Sec. 76 -30. Violation and penalties (1) Any person who shall violate any provision of Sec. 76- 27(B), Sec. 72- 27(C), Sec. 76- 27(D), Sec. 76 -27(E) or Sec. 76 -27(F) shall be guilty of a misdemeanor. (2) Each person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of the referred sections is committed or continued, and upon conviction of such violations shall be punished as provided in Section 1 -4 of the Code of Ordinances, City of Nederland, Texas. ' SECTION 3. That Ordinance No. 2004 -10 of the City of Nederland and all other ordinances or parts of ordinances in conflict herein are repealed when this Ordinance becomes effective; provided, nothing in this repeal provision shall modify any provision in Ordinance No. 2001 -06 and if this Ordinance and Ordinance No. 2001 -06 are in direct conflict, the provisions of Ordinance 2001 -06 shall prevail. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as requested by law; and this Ordinance shall take effect and be in force from and offer its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this 5" day of May 2008. R. A. Nugeqq , ayor City of Nedb and, Texas ATTEST: LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY iR chard D. Hughes, Vity Attorney 14 'J r J CITY OF NEDERLAND ORDINANCE NO. 2008-10 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. 2006 -07; 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. 2006 -07 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. 2006 -07 shall be repealed when this Ordinance becomes ' effective; and THAT this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the day of May , 2008. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City 4ftorney City of Nederland, Texas r R.`A.'Ndge7qKayor City of NecWrland, Texas 1 1 1 1 Exhibit A + J { RECREATION BUILDING FACILITY USE 1 i HOURS OF OPERATION 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. - 9:30 p.m. Saturday 11 a.m. - 5 p.m. 5:30 p.m. - 9:30 p.m. Sunday Closed 11:30 a.m. - 9:30 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 registered patrons. Replacement cards will be issued for a 810.00 cbarge per card. RECREATION BUILDING NON - RESIDENT FEES NISD Students (under 19 with valid School ID) No charge Da�_ Month Quarter An Other Non - residents (fuu budding use) $5.00 $30.00 $80.00 $200.00 Montbh Annual 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 Recreatlon /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 Dowit Racquetball (per player, max two hours) $2.00 N/A N/A Gymnasium (2 -hour minimum) -After hours on# N/A $25.00 $100.00 Game room - Afkr- bours on# 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 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 bourr De it Racquetball (per play., max. two hours, must be wish resident) $4.00 N/A N/A Gymnasium (2 -hour minimum) - After hours only 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 '152 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 vollevball tournaments $5.00 /participant 1 1 r Code of Conduct 153 3 • 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 me 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 • AppUcadons— 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 required 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. AARplicants aLe responsible fQI Ib behavior gf &U Wsts usav the fadLy. Failure to meet this stipulation will result in forfeiture of deposit. • Approved 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 dean -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 ALIonnent — 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. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that includes the use of a disc jockey or dance - club -type music is subject to security arrangements. o Ail functions exceeding 75 people are subject to security arrangements. o Applicants = responsible ffgI setiry arrangements when relevant gud mt us bZ confirmed within L4 hours 4f application- otherwise the function 3&dU bC 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 Recreation /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. • Nonprofit 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. 1 154 NEDERLAND SWIMMING POOL HOURS OF OPERATION Monday (except holida s CLOSED Maintenance Tuesday Noon — 5 p.m. Public Swim Wednesday 5:15 p.m. — 9:30 p.m. Private rental Wednesday Noon — 7 p.m. Public Swim extended swim day) Friday 7:30 p.m. — 9:30 p.m. Private rental Thursday Noon — 5 p.m. Public Swim $1.50 6:15 — 9:15 p.m. Family night public swim Friday Noon — 5 p.m. Public Swim Sunda 5:15 -.m. — 9:30 p.m. Private rental Saturday 10 a.m. — Noon Private rental $1.00 Noon — 5 p.m. Public Swim Season Swim Passes 5:15 p.m. — 9:30 p.m. Private rental Sunda Noon -5 P.M. Public Swim 5:15 .m. — 7:15 .m. Private rental Weekly 70 -Noon slot reserved for special group use or make -up parries Holiday and special event swim hours will be Noon — 7 Schani in session Monday CLOSED Maintenance Tuesday 4:15 p.m. — 8:30 p.m. Private rental Wednesday 4:15 p.m. - 830 p.m. Private rental Thursday 4:15 p.m. — 8:30 p.m. Private rental Friday 4:15 p.m. — 8:30 p.m. Private rental Saturday 10 a.m. — Noon Private rental $1.50 Noon — 7 p.m. Public Swim Ages 4 & under (must be with adult) 730 F. — 9:30 .m. Private rental Sunda Noon — 5 .m. Public Swim All ages 10 -Adult 5:15 .m. — 7:15 p.m. Private rental POOL FEES Private Party Rental Minimum fee Dtpony (to E) ptraddibonal.rmimmer over 30 (2 Hours; up to 30 swimmers) 580.00 $40.00 $2.00 Daily Admission All children under age of 10 require parent /guardian /adult supertnsion at all timer, 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) All children under age of 10 require parent /guardian /adult tupenition 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 1 L 7 1 Replacement Pass $10 155 Notes: Single pass • Only valid for swimmers over the age of 10. • Parent consent and emergency contact information required at application. • No admission /attendance requirements. 1 Family passes • A!! rbildren under age aj 10 require faun t /guardian /adult supervision at all Limes, no exceptions. • Non - relative adults (baby- sitters, neighbors, etc) may be listed on application. o 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 -sryle 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 1 J!. �a CITY OF NEDERLAND ORDINANCE NO. 2008 -11 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, SETTING THE JUST AND REASONABLE RATES FOR THE COST OF SERVICE ADJUSTMENT CLAUSE (- COSA ") 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 ASSOCIATED WITH THE REVIEW OF THE COSA CALCULATIONS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about April 1, 2008, TGS filed the initial Cost of Service Adjustment Clause ( "COSA ") with the City Clerk in Nederland, Texas requesting an annual rate increase of $94,070 for the South Jefferson County Service Area; WHEREAS, TGS requested an effective date for the new rate schedule to go into effect with meters read on and after July 31, 2008; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it is necessary for the City to make a decision within 90 days of the April 1, 2008 filing or June 30, 2008; WHEREAS, the City retained the Lawton Law Firm, P.C. to review TGS' rate request and make necessary rate recommendations to the City; WHEREAS, on April 30, 2008, the Lawton Law Firm P.C. filed a report with the City on this matter outlining the options available and making recommendations to the City; and WHEREAS, the Lawton Law Firm, P.C. has recommended that the City approve the requested COSA annual rate increase as stated in the April 30, 2008 letter from the Lawton Law Firm, P.C. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth here. SECTION 2. TGS' proposed $94,070 requested system annual rate increase is adopted and TGS shall file tariffs with the City Clerk reflecting the South Jefferson County $94,070 annual rate increase. SECTION 3. As recommended by the Lawton Law Firm, P.C. and stipulated by TGS, the TGS authorized return on equity shall be 10.85 %. SECTION 4. As recommended by the Lawton Law Firm, P.C. and stipulated by TGS, the TGS authorized overall after tax rate of return shall be 8.58 %. SECTION S. TGS shall promptly reimburse the City's rate case expenses and may collect such expenses through surcharge. SECTION 6. TGS' Cost of Service Adjustment Clause is approved. SECTION 7. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meeting Act, Texas Government Code, Chapter 551. SECTION 8. This ordinance shall be effective immediately on passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 51" day of May 2008. R. A. N u g e ayor City of Ned land, Texas ATTEST: LaDonna Floyd, City Clerkf City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas 1 11 ]5t 15"" "" REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 6:00 p.m. May 19, 2008 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 Sawyer and seconded by Mayor Pro Tem Rogers to approve the minutes of the May 5, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. ELECTION Cheryl Dowden, Interim City Manager, read the results of the May 10, 2008 General Election. There were a total of 698 ballots cast. Each candidate received the following number of votes: Mayor Early Voting Election Day Total R. A. Nugent 269 162 431 Council, Ward II Billy Neal 275 152 427 Council, Ward IV Bert Rogers 256 149 405 A motion was made by Counciimember Griffin and seconded by Councilmember sawer to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. La Donna Floyd, City Clerk, administered the Oath of Office to R. A. Nugent, Mayor; Billy Neal, Councilmember Ward II, and Bert Rogers, Councilmember Ward IV. A motion was made by Mayor Pro Tern Rogers and seconded by Councilmember Neal to elect Councilmember Sawyer Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, May 19, 2008 -05 -27 Cheryl Dowden, Interim City Manager, read the official results of the Special Election conducted on May 10, 2008. The Bond Issue for sewer line replacement received 360 votes "FOR" and 116 "AGAINST ". A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve Ordinance No. 2008 -12, declaring the results "for" and "against' the bond issue included on the May 10, 2008 Special Election. MOTION CARRIED Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the payment of election officials in accordance with the Texas Election Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. COMMENTS Jack Porter, 712 - 31" Street, addressed the Council to ask that they consider adopting an ordinance to prohibit parking on residential lawns. He stated that the parking of vehicles in front yards is very unsightly and feels the City should do all it can to make Nederland a more attractive community. Mr. Porter added that the City of Baytown has adopted an ordinance regulating parking in yards and streets. Mayor Nugent informed Mr. Porter that staff would contact the City of Baytown to obtain a copy of their ordinance to see if it would work for Nederland. RESOLUTION A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve the first reading of Resolution No. 2008 -04, ratifying the action of the Nederland Economic Development Corporation related to the sale of property to Newco. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST The regular meeting was recessed at 6:20 p.m. by Mayor Nugent for the purpose of conducting a meeting of the City of Nederland Employee Benefits Trust to award bids for health, dental, and long term disability insurance. The regular meeting was reconvened at 6:50 p.m. by Mayor Nugent. 159 GO Minutes continued, May 19, 2008 BIDS /PROPOSALS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone awarding a bid for the Canal Avenue water tower rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes, None. PAYMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve a payment to A & A Electric Co., in the amount of $6,480.00, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of April. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. OFFICIALS' COMMENTS Cheryl Dowden, Interim City Manager, reminded Council that due to Memorial Day and the Texas Election Code mandating dates for canvassing of elections the May meetings were held on the first and third Mondays, therefore, the next regular meeting will be in three weeks, June 9. She also reminded them of the reception for retiring Port Neches City Manager Randy Kimler to be held on Thursday, May 22. Mrs. Dowden added that she received a tentative schedule for the sale of the bonds that were approved by voters during the Special Election held on May 10. She also reported that correspondence was received from the City's consultants stating that there is a proposed settlement agreement with Entergy on their most recent rate increase request. Mrs. Dowden added that TxDOT is once again agreeing to fund the intersection project at 100 %; however, the City will be required to utilize a TxDOT certified engineering firm to design the project. The cost to the City is estimated to be approximately $75,000 which would equate to $225,000 to $270,000 of improvements for $75,000. Finally, Mrs. Dowden reported that the generator project is nearing completion. Minutes continued, May 19, 2008 -05 -29 Terry Holmes, 408 - 3151 Street, addressed Council relative to ongoing sewer problems at his home. He has complained for years but still cannot use his facilities when it rains. Steve Hamilton, Director of Public Works, stated that the City is trying to find the source of the problems and would continue to work with Mr. Holmes. 11. ADJOURN There being no further business a motion was made by Councilmember Griffin and seconded by Councilmember Rogers to adjourn the meeting at 7:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: , J--t" --,— - i 4"Idd LaDonna Floyd, City Clerk City of Nederland, Texas n R. A. Nugent, Mayor City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member- Ward II ✓ Debby Griffin Council Member- Ward III Bert Rogers Council Member -Ward IV Cheryl Dowden Interim City Manager /Director of Finance ✓ LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works 1✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager ✓ R. A. Nugent, Mayor LaDonna Floyd, City Clerk S - / C'L Date 1 ORDINANCE NO. 2008-12 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND . ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH RECITALS 1. The City Council (the "Governing Body ") of the City of Nederland, Texas (the "City ") ordered an election to be held on May 10, 2008, to determine whether the resident, qualified electors of the City would authorize the issuance of general obligation bonds by the City. 2. The Governing Body has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof. 3. The Governing Body hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the City for their action thereupon, the following proposition; PROPOSITION "Shall the Governing Body of the City of Nederland, Texas, be authorized to issue and sell general obligation bonds of the City in the principal amount of $4,500,000 for additions, improvements, rehabilitations and extensions to the sanitary sewer system, such bonds to mature serially or otherwise not more than 40 years from their date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the Governing Body, provided that such rate of interest shall not exceed the maximum rate per ' annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the Governing Body of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the principal of and annual interest on the bonds and provide a sinking fund to pay the Bonds at maturity? 4. The Governing Body has diligently inquired into the official election returns which were duly and lawfully made to this Governing Body by the judges and clerks holding and conducting such election. 5. From these returns, this Governing Body hereby finds that the following votes hereinafter set forth were cast in the election by voters who were resident qualified electors of the City. PROPOSITION THE ISSUANCE OF $4,500,000 OF GENERAL OBLIGATION BONDS FOR ADDITIONS, IMPROVEMENTS, REHABILITATIONS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM, AND THE LEVY OF A TAX THEREFOR. For Election Day 135 Early Votes 225 TOTAL 360 NOW, THEREFORE, IT IS ACCORDINGLY FOUi THAT: 55234347.1 - I - Against 47 69 116 1D, DECLARED, AND ORDERED 163 164 SECTION 1. The Governing Body officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, that due returns of the results ' of the election had been made and delivered, and that the Governing Body has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the ordinance calling the election. SECTION 2. A MAJORITY of the resident qualified electors of the City, voting in such election, having voted FOR the authorization and issuance of bonds and the levy and pledge of the tax in payment thereof, the Governing Body of the City hereby finds and determines that this Proposition carried at the election, that the election was duly called, that proper notice was given, that the election was held in all aspects in conformity with the law, and that the Governing Body of the City is hereby accordingly authorized to issue and sell the bonds in accordance with the authority granted in this Proposition and with law. SECTION 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 4. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Order are and remain controlling as to the matters ordered herein. SECTION 5. This Ordinance will be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances are nevertheless valid, and the Court hereby declares that this Ordinance would have been enacted without such invalid provision. ' SECTION T. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Texas Government Code chapter 551, as amended. SECTION 8. This Ordinance is in force and effect from and after its final passage and it is so ordered. PASSED AND APPROVED by the City Council of the City of Nederland on this the 191h day of May, 2008. R. A. Nugent, ,Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 55234347.1 - 2 - 1 CERTIFICATE OF SECRETARY THE UNDERSIGNED HEREBY CERTIFIES that: ' 1. On May 19, 2008, the City Council (the "Governing Body") of the City of Nederland, Texas (the "City"), convened in regular session at its regular meeting place in the City (the "Meeting "), the duly constituted members of the Governing Board being as follows: R. A. Nugent Mayor Bert Rogers Mayor Pro Tem Billy Neal Council Member Debby Griffin Council Member Robert Sawyer Council Member and all of such persons were present at the Meeting, except the following: thus constituting a quorum. Among other business considered at the Meeting, the attached order (the "Ordinance ") entitled: AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH was introduced and submitted to the Board for passage and adoption. After presentation and discussion of the Ordinance, a motion was made and seconded that the Ordinance be finally passed and adopted. The motion was carried by the following vote: _S_ voted "For" Q voted "Against" O abstained all as shown in the official Minutes of the Board for the Meeting. 2. The attached Ordinance is a true and correct copy of the original on file in the official records of the District; the duly qualified and acting members of the Board on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Board was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Ordinance would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Ordinance, was posted and given in advance thereof in compliance with the provisions of Texas Government Code chapter 551, as amended. IN WITNESS WHEREOF, I have signed my name officially this I 91 day of May, 2008. &J0 -V17n O�nJ LaDonna Floyd, City Clerk City of Nederland, Texas 1`` ,.- 05 REGULAR MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 6:20 p.m. May 19, 2008 1. MEETING The meeting was called to order at 6:20 p.m. by Chairman R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. HEALTH INSURANCE Terry Hale, City- County Benefits Services, reviewed the bids received for City employee health and dental insurance. He stated that bid notices were published and mailed to all major carriers and four were received for health insurance and six were received for dental insurance. Health insurance bids were received from Aetna, Blue Cross /Blue Shield, TML Intergovernmental Employee Benefits Pool (TMLIEBP), and United Health Care. Dental insurance bids were received from Ameritas, Aetna, Blue Cross /Blue Shield, Guardian, TML Intergovernmental Employee Benefits Pool, and United Health Care. Mr. Hale stated that the RFP requested that vendors submit proposals for two (2) medical Plans, one being a High Option that provided benefits similar to the City's current medical benefits and a Low Option that had lesser benefits. The goal was to provide employees and retirees with a choice of Plans. All carriers, with the exception of TMLIEBP, offered a discount if both their medical and dental plans were adopted. Upon review of all bids City- County Benefits Services recommends that the City of Nederland Employee Benefits Trustees award both the medical and dental benefits to Blue Cross /Blue Shield effective July 1, 2008. A motion was made by Trustee Rogers and seconded by Vice Chairman Sawyer to award bids received for employee health insurance to Blue Cross /Blue Shield as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. DENTAL INSURANCE A motion was made by Trustee Griffin and seconded by Trustee Sheffield to award bids received for employee dental insurance to Blue Cross /Blue Shield as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. LONG TERM DISABILITY INSURANCE A motion was made by Vice Chairman Sawyer and seconded by Trustee Rogers to award bids received for long term disability insurance to Lincoln National as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, May 19, 2008 5. ADJOURN There being no further business a motion was made by Trustee Rogers and seconded by Trustee Griffin to adjourn the meeting at 6:50 p.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Sawyer, Neal, Griffin, and Rogers. Noes: None. Debby Griffin, Secretary City of Nederland Employee Benefits Trust 1 R. A. Nugent, Chairperson City of Nederland Employee Benefits Trust �tP REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. June 9, 2008 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 Neal and seconded by Mayor Pro Tern Sawyer to approve the minutes of the May 19, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. RESOLUTIONS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the final reading of Resolution No. 2008 -04, ratifying the action of the Nederland Economic Development Corporation related to the sale of property to Newco. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Dan Lawton, Lawton Law Firm, Austin, TX, explained that Entergy Texas, Inc. (ETI) filed a rate increase request with cities in their service area, as well as with the Public Utility Commission, in the amount of $107.5 million per year in addition to an expected $5 million annual increase to its miscellaneous service schedules resulting in a $112 million increase to customers. The Entergy Service Area Cities' Steering Committee has authorized the approval of a settlement in regards to the rate case. As filed the rate increase would have been a 7.56% increase to customers, whereas the settlement offer will increase rates by 0.87% during the first year and a 2.08% increase until the rates resulting from ETI's rate case to be filed by December 31, 2009 become effective. Don Pumphrey, Entergy, Inc., stated that they feel the settlement offer is fair and equitable. The new rates will allow them to continue to maintain reliable service to their customers. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Resolution No. 2008 -05, joining with other Entergy service area cities in support of a non - unanimous stipulation regarding the rates to be determined for Entergy Texas, Inc. in Public Utility Commission Docket No. 34800. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, tune 9, 2008 4, INSURANCE A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee related benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. BIDS /PROPOSALS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to award bids received for the Canal Avenue water tower rehabilitation project to M. K. Painting, Inc., in the amount of $74,900.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. CONTRACTS/AGREEMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve a price adjustment for Paul Broussard, mowing of City parks (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of May, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, 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 Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. OFFICIALS' COMMENTS Cheryl Dowden, Interim City Manager, reported that all projects resulting from Hurricane Rita damage have been completed and all funds have been received from FEMA. Minutes continued, June 9, 2008 10. ADJOURN There being no further business a motion was made by Councilmember Neal ' and seconded by Councilmember Rogers to adjourn the meeting at 3:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I I,/ Billy Neal Council Member - Ward II Debby Griffin Council Member - Ward III ✓ Bert Rogers Council Member -Ward IV ✓ Cheryl Dowden Interim City Manager /Director of Finance I✓ LaDonna Floyd City Clerk i Corrie Ze eda Acting City Clerk V Richard Hughes City Attorney1/ Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian (/ Kelly Galloway Assistant to the City Manager ✓ Ad x r i l/e`n =44"i LaDonna Floyd, City Clerk Date 171 17 CITY OF NEDERLAND , RESOLUTION 2008 -04 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one -half cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the ' development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ( "Board") relating to the sale of 35 acres of Nederland Economic Development Corporation property at the price of $875,000 to Newco, in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 191h day of May , 2008 at which meeting a quorum was present and voting. —A L,4 aai = R.A. N gent, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk ` City of Nederland, Texas ' APPROVED AS TO FORM Richard D. Hughes, City Attorney City of Nederland, Texas Resolution No. 2008 -04 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY ' COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 9`h day of June , 2008, at which meeting a quorum was present and voting. ATTEST:: ((T �% 'Z CZ - rn f'�4-GdL a LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM: Richard D. Hughes, City Attorney City of Nederland, Texas 1 1 R.A. Nug nt, ayor City of Neder and, Texas 173 1 r <_ CITY OF NEDERLAND ' RESOLUTION NO. 2008-05 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, JOINING WITH OTHER ENTERGY SERVICE AREA CITIES IN SUPPORT OF A NON - UNANIMOUS STIPULATION REGARDING THE RATES TO BE DETERMINED FOR ENTERGY TEXAS, INC. IN PUBLIC UTILITY COMMISSION DOCKET NO. 34800. WHEREAS, on or about September 26, 2007 Entergy Texas, Inc. ( "ETI ") filed a Statement of Intent with the City to increase electric rates in the ETI service Area by $107.5 million per year in addition to an expected $5 million annual increase to its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, the City of Nederland suspended the effective date of ETI's rates within its jurisdictional limits until at least September 28, 2008; WHEREAS, on or about September 26, 2007 ETI also filed an application with the Public Utility Commission of Texas to increase electric rates in the ETI Service area by $107.5 million per year in addition to an expected $5 million annual increase in its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, the City has intervened at the Public Utility Commission with various other cities to review the rates, operations and services of an electric utility pursuant to their authority under the Public Utility Regulatory Act §33.025; and WHEREAS, Community Associations of the Woodlands, Texas ( "CATW "), ' Entergy Texas, Inc. ( "ETI" or "the Company "), the Kroger Co. ( "Kroger "), Office of Public Utility Counsel ( "OPC "), Texas Legal Service Center ("rLSC "), Texas Ratepayers Organization to Save Entergy (`"Texas ROSE "), and Wal -Mart Texas Stores, LP ( "Wal- Mart") have entered into a settlement with ETI and the Entergy Service Area Cities' Steering Committee has authorized the approval of the terms of settlement of ETI's rate case and recommends settlement to the Cities; WHEREAS, the settlement represents a fair compromise between ETI's filed rate request of $112 million and the Cities' recommended rate reduction of $6.7 million; and WHEREAS, under the Company's request, as filed, the rate increase to customers would have been a 7.56% increase and the settled rate increase represents a 0.87% increase to customers during the first year beginning in October of 2008 and a 2.08% increase to customers until the rates resulting from ETI's rate case to be filed by December 31, 2009 become effective; and WHEREAS, the settlement spreads the rate increase equally to all customer classes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. That the statement and findings set out in the preamble to this resolution are hereby in all things approved and adopted. SECTION 2. The City of Nederland hereby reaffirms its support for the ' settlement terms in the Non - Unanimous Stipulation attached. 75 SECTION 3. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 4. This resolution shall become effective from and after its passage. PASSED AND APPROVED BY THE ITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 94L_ day of 2008. R.A. Nugent, or City of Nederl9 nd, Texas ATTEST: Ao" .1 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM: ' Richard D. Hughes, City Attorney City of Nederland, Texas 1 %Y 28. 29 922 Ay No. 2499 E 19/2 a DOCKET NO. ©- _ TX -a WE m__-An __a,>, , ` ||i | | || � }l ;�6��, /� � life | |k §§ | §§ ■! 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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 Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the June 9, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. CONSUMER CONFIDENCE REPORT Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2007 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. 4. APPOINTMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve the following appointments to the Zoning Board of Appeals /Trailer Park Board of Appeals for four -year terms beginning July 1, 2008 and ending June 30, 2012: Bill Cummins, Lanny Howell, and Mickey Fenn. OTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal 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, 2008 and ending June 30, 2010; and Danny Delahoussaye to a one (1) year term beginning July 1, 2008 and ending June 20, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 179 180 Minutes continued, ]une 23, 2008 A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve the following appointments to the Planning and Zoning Commission for two -year terms beginning July 1, 2008 and ending June 30, 2010: C. J. Schexnaider, Jack Porter, Mark Griffin, Homer Nagel, and Mark Byars. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to appoint Sonya Willis, Lay Representative, and Charlana Russell, Alternate Lay Representative, to the Houston Area Library System (HALS) beginning September 1, 2008 and ending August 31, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. CIVIL SERVICE COMMISSION A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve the appointment of Don Albanese to the Firefighters' Civil Service Commission for a three -year term beginning July 1, 2008 and ending June 30, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. STREET LIGHT REQUEST A motion was made by Councilmember Rogers and seconded by Councilmember Neal to authorize the installation of a street light at the corner of North 4th Street and Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve a payment to DSR & Associates in the amount of $10,725.00, Canal Avenue water tower rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve a payment to Compliance Envirosystems, L.L.C. in the amount of $29,509.90, sewer system smoke testing, Phase One. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, June 23, 2008 S. PUBLIC OFFICIAL APPOINTMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to authorize the appointment of La Donna 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 Sawyer, Neal, Griffin, and Rogers. Noes: None. EXECUTIVE SESSION The regular meeting was recessed at 6:17 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, review and discuss applications submitted for City Manager position; Chapter 551.072, discuss acquisition, exchange, sale and /or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and consultation with City Attorney. 10. RECONVENE The regular meeting was reconvened at 7:45 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 11. ADJOURN There being no further business a motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to adjourn the meeting at 7:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: La Donna Floyd, City Clefk City of Nederland, Texas L R. A. Nugent, Mayor City of Nederland, Texas 15Y CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ Robert Sawyer Council Member -Ward 1 !✓ Billy Neal Council Member -Ward II Debby Griffin Council Member -Ward III Bert Rogers Council Member -Ward IV Cheryl Dowden Interim City Manager /Director of Finance LaDonna Floyd City Clerk Corrie Ze eda Acting City Clerk Richard Hughes City Attorney ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian I✓ Kelly Galloway Assistant to the City Manager I✓ R. A. Nugent, Mayor E� La onna Floyd, Ci Clerk �- a 3 -o�-" Date 1 1 1 is,) REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. July 14, 2008 1. 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 Councilmember Griffin and seconded by Councilmember Rogers to approve the minutes of the June 23, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. POLICIES /PROCEDURES A motion was made by Mayor Pro Tern Sawyer and seconded by so Councilmember Rogers to approve changes to the Library Policy Manual (see 6 attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a contract with Fulbright & Jaworski L.L.P., bond counsel for the General Obligation Bonds, Series 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Cheryl Dowden, Interim City Manager, explained that Jim Gilley of Coastal Securities Ltd., the City's financial advisor, has requested an update of the Financial Advisory Services Agreement between Coastal and the City. Mr. Gilley has been the City's financial advisor since 1994 and the initial agreement has been in effect since that time. She added that she had contacted Andre Winner to inquire if Mr. Gilley and he had discussed this matter previously. Mr. Wimer stated he had not and did not believe a new agreement was in order after the process of debt issuance had already begun. Mrs. Dowden calculated fees for the $4.5 million debt obligation utilizing both the 1994 and proposed 2008 fee schedules and they were $26,875 and $70,000 respectively. Although she believes an increase is warranted, she cannot recommend an increase of over 160% at this time. 184 Minutes continued, July 14, 2008 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to postpone approving a contract with Coastal Securities Ltd., financial advisory services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve an Interlocal Agreement with Jefferson County allowing for the combined use of the 800 MHz radio system. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve a contract for engineering services associated with the design of three (3) traffic signals with AIA Engineers, Ltd. at an estimated cost of $74,480.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve a contract with Allco, Inc. in the amount of $59,370.00 for sewer line replacement, and declaring it an emergency. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve a payment to Schaumburg & Polk, Inc. in the amount of $593.39, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a payment to A & A Electric Co. in the amount of $45,528.45, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve the payment of the bills for the month of June. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, July 14, 2008 6. BUDGET Cheryl Dowden, Interim City Manager, gave a brief overview of the proposed 2008 -2009 budget and announced that the Public Hearing will be held at 6:00 p.m., July 28`h. The proposed budget for all funds totals $20,454,517. The budget includes projected revenues of $8,197,600 and anticipated expenditures of $8,197,600. She added that the General Fund budget for fuel has increased by $49,900 or 62.5 %; Water and Sewer Fund fuel costs increased by $24,500 or 69.2 %; and, Solid Waste Fund fuel costs by $29,500 or 70 %. Mrs. Dowden added that the proposed budget includes an increase in the sewer rates in the amount of $.25/1,000 gallons of consumption and this rate modification will generate $125,000 in revenue. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve Resoltuion No. 2008 -06, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009, and calling for a Public Hearing to be held at 6:00 p.m., July 28, 2008, for the purpose of discussing the proposed budget as per Article VII of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. EXECUTIVE SESSION The regular meeting was recessed at 3:32 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, review and discuss for City Manager position; Chapter 551.072, discuss acquisition, exchange, sale and /or release of property; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and consultation with City Attorney. S. RECONVENE The regular meeting was reconvened at 4:27 p.m. by Mayor Nugent. He announced that the City Council will direct the City Attorney to research the legalities of the City of Nederland and the City of Port Neches sharing the City Manager position. 9. OFFICIALS' COMMENTS None. L 155 186 Minutes continued, July 14, 2008 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk ` City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 157 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member- Ward II (/ Debby Griffin Council Member - Ward III 1/ Bert Rogers Council Member -Ward IV Cheryl Dowden Interim City Manager /Director of Finance LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk v Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager (/ R. A. Nugent, Mayor LaDonna Floyd, City Cle ' 1. / y. O Date 1 C3 13 Amendment 1 Interlocal Agreement Jefferson County Regional Radio System THIS AGREEMENT is made by and between the City of Beaumont, Texas, Jefferson County, and the "Consortium" comprised of the Cities of Port Arthur, Nederland, Groves, and Port Neches, Texas, municipal corporations of Jefferson County, collectively herein referred to as "the Parties," authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. WHEREAS, members of the "Consortium" have determined that a unified and integrated radio communications system for the county would improve the ability of public safety and public service agencies to communicate and cooperate with each other, and WHEREAS, on October 18, 2007, the City Council of Port Neches, Texas on behalf of the Consortium authorized the purchase of 800 MHz trunked radio communications system equipment consisting of software, communications equipment infrastructure, project management and warranty through the Houston - Galveston Area Council at a cost of $5,450,000.00, and WHEREAS, the City of Beaumont and Jefferson County, Texas currently operate a joint 800 MHz trunked radio communications system under agreement outlining ownership, management, maintenance, guidelines for additional membership, purchasing of additional equipment and operation of the system using assets and resources belonging to each party, and WHEREAS, members of the "Consortium" have determined that sharing resources is the most efficient use of funding and equipment for public safety radio communications and wish to become a Stakeholder Agency of the current system, and NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the foregoing Inte local Agreement is hereby approved and adopted this the / q (- day of wuy, , , 2008. CITY OF NEDERLAND, TEXAS By: Ip Title:�,h, 1 1 159 11DA/A ENG /NEERS, LTD. C O N S U L T A N T S May 7, 2008 Mr. Steve Hamilton, PE Public Works Director The City of Nederland P.O. Box 967 Nederland, TX 77627 RE: Proposal for Traffic Signals under CMAQ Funding (CSJ 0920 -38 -182 — 21st St. at Nederland Ave.) (CSJ 0920 -38 -183 —14th St. at Nederland Ave.) (CSJ 0920 -38 -182 —14th St.. at Boston Ave.) Dear Mr. Hamilton: 15310 Park Row Houston, Texas 77084 Telephone (281) 493 -4140 Fax (281) 493 -2211 E-Mail:aia@aiainc.com AIA Engineers, Ltd. is pleased to provide you with our proposal for the traffic signal design for the three (3) above referenced traffic signals. Since these projects will be let by TxDOT utilizing CMAQ funding, our proposal and scope follows TxDOT Beaumont District guidelines and procedures. We have a long history and work experience with the TxDOT Beaumont District. Please feel free to contact Scott Ayres at 409 - 722 -8377 or Steve Stafford at 409 - 898 -5743 for any references. We are currently designing TxDOT projects for both these TxDOT Project Managers. The proposal includes each facet of a TxDOT project from the Design Conference to inputting the cost estimate and items into their mainframe (DCIS) via the web. In other words, this is a turnkey project proposal. Based on typical tasks required for a TxDOT Beaumont project along with developing topo files from existing aerial photography and field visits, we have estimated a proposal of $74,480.00 to prepare the complete plans, specification, and estimate (PS &E) for project letting. Please see the attached detailed scope of services for a complete listing of the services included in this proposal. If you have any questions or need additional information, please feel free to call me at 281 - 493 -4140 x253. Thank You, Thomas C. Kuykendall, Jr., PE AIA Engineers, Ltd. Vice President/Project Manager ' Attachments — Exhibit A and Exhibit B 130 Signal Improvements City of Nederland EXHIBIT A ' Services to be Provided by the City of Nederland PS &E Package for City of Nederland Signal Improvements The Engineer shall perform all necessary surveying and provide the PS &E for the upgrading and replacement of traffic signals at the following intersections within the City limits of Nederland: CSJ 0920 -38 -182 — 21't St. at Nederland Ave. CSJ 0920 -38 -183 —14th St. at Nederland Ave. CSJ 0920 -38 -182 —14`h St. at Boston Ave. The signals are being upgraded using CMAQ funding to improve the area's air quality. The City of Nederland will develop plans, specifications and estimates (PS &E) in accordance with TxDOT methods in order to expedite the project letting and secure the project funding. The City of Nederland will furnish the Engineer the following items: 1. Provide the Engineer a copy of the latest as -built plans and previous work performed within the limits of the project if available. 2. Provide timely reviews of completed work and questions to allow the provider to ' maintain the agreed schedule. 3. Assist the Engineer, as necessary, in order to obtain the required data and information from local, regional, State and Federal agencies. 4. Provide existing right -of -way boundary file in CADD format 5. Provide existing utility information available from the City's GIS database and existing drawings loft 1 191 Signal Improvements City of Nederland ' EXHIBIT B Services to be Provided by the Engineer PS &E Package for City of Nederland Signal Improvements The Engineer shall perform all necessary surveying and provide the PS &E for the upgrading and replacement of traffic signals at the following intersections within the City limits of Nederland: CSJ 0920 -38 -182 — 2151 St. at Nederland Ave. CSJ 0920 -38 -183 —14`h St. at Nederland Ave. CSJ 0920 -38 -182 —14`h St. at Boston Ave. The signals are being upgraded using CMAQ funding to improve the area's air quality. The City of Nederland will develop plans, specifications and estimates (PS &E) in accordance with TxDOT methods in order to expedite the project letting and secure the project funding. Project scope does not include pavement widening, wheelchair ramps, landings, sidewalks, or utility design. Detailed Scope of Services All work shall be performed in English units. All work shall comply with applicable TxDOT procedures and manuals unless an exception is granted in writing. I. PRELIMINARY ENGINEERING (Function Code 110) A. Obtain and review existing data. B. Perform initial field reconnaissance and data collection. C. Complete a design summary report (DSR) prior to the design concept conference and maintain the document as a living record. D. Schedule and conduct a design concept conference (DCC) with TxDOT. E. Prepare preliminary cost estimate and title sheet the DCC meeting. H. Right -of -Way Data (Function Code 130) A. Activate Texas One -Call and coordinate utility locations. IPage I of 4 19r Signal Improvements City of Nederland B. Develop utility contact database and utility base file in CADD ' C. Coordinate with all utility companies in such a manner as to have all utilities that may affect construction relocated prior to the project letting. Keep a record of phone conversations, contact person from the utility company and obtain a clearance letter when utilities are clear. D. Perform field meeting with utility representatives (2 Estimated) III. SURVEYING AND DATA COLLECTION (Function Code 150) A. Obtain aerial photos (City of Nederland provide) B. Develop CADD topo file from aerial photos C. Perform field visit to locate critical topo elements for design and update CADD topo file D. City of Nederland to provide existing right -of -way boundaries for each intersection in CADD format IV. PS &E PACKAGE Provide a PS &E package that includes: A. ROADWAY (Function Code 160) 1. Title sheet 2. Index of Sheets B. SIGNING AND PAVEMENT MARKINGS (Function Code 162) 1. Prepare Traffic Signal Plans to include, but not limited to existing condition diagram, proposed layouts, wiri% and phasing diagrams and related details for 21 ' St. at Nederland Ave., 14 St. at Nederland Ave., and 14`h St. at Boston Ave. The signal design for 14`h St. at Boston Ave. will include pedestrian signal heads and pedestrian pushbuttons. 2. Develop street sign details for 21" St., 14`h St, Nederland Ave., and Boston Ave. 3. Prepare Pavement Marking Layout for each intersection. Page 2 of 4 1 1 Signal Improvements City of Nederland 1 4. Prepare Summary of Traffic Signal and Pavement Marking Quantities. 5. Develop traffic signal general notes plan sheet. C. MISCELLANEOUS ITEMS (Function Code 163) A. Select and plot all TxDOT standard details. B. General notes will be prepared in Word format. TxDOT will provide a master list of general notes for the Beaumont District. Specification List and Cost Estimate will be input into DCIS. C. Interim estimate using TxDOT's standard descriptions and average low bid process. D. Prepare 1002 Form E. Prepare Right -of -Way, Utility, Relocation and Encroachment certifications. F. Traffic control plan — anticipate using standards mentioned above. G. Estimate the number of working days for the project. A construction schedule will be developed in accordance with Administrative Circular 17 -93 and TxDOT ' directives. H. Completed and sealed plans are to be submitted to the State on 11 x 17 white opaque film sheets. Include two (2) paper copies. 1 D. PROJECT MANAGEMENT (Function Code 164) A. Provide overall project supervision, management, administration, coordination and quality control and be the single point of contact for the project. B. Perform all project planning, review all work performed by subcontractors, coordinate and conduct all meetings and prepare and submit all project reports and documents. C. Milestone plans will be submitted for the 50 %, 90 %, and 100% (mylar) complete design stages. Prior to each submittal, the Engineer will discuss the submittal package with the City of Nederland and TxDOT to insure submittal content meets TxDOT requirements. Page 3 193 194 Signal Improvements City of Nederland D, Meet with the designated representative on a monthly basis to report on progress, I submit a short written narrative on the progress and show evidence of progress accomplished since the last report. Page 1 J 135 FULBRIGHT & JAWORSKI L.L.P. ' A REGISTERED LIMITED LIABILITY PARTNERSHIP FULBRIGHT TOWER 1301 McKINNEY. SUITE 5100 HOUSTON. TEXAS 77010-3095 WWW.FULBRIGHT.COM NEIL THOMAS DIRECT DIAL: (713) 651 -3613 PARTNER TELEPHONE: (713) 651 -5151 NTHOMAS @FULBRIGHT.COM FACSIMILE: (713) 651 -5246 June 12, 2008 Re: City of Nederland, Texas General Obligation Bonds, Series 2008 Ms. Cheryl Dowden City of Nederland Post Office Box 967 ' Nederland, Texas 77627 Ladies and Gentlemen: This letter confirms that Fulbright & Jaworski L.L.P. will represent City of Nederland, Texas as bond counsel in connection with the proposed authorization, sale, and issuance of one or more series of obligations (the "Obligations "), including the referenced obligations. Our acceptance of that representation (the "Representation ") becomes effective upon the execution and return of the enclosed copy of this letter. Terms of Engagement This letter sets out the terms of our engagement in the Representation. Certain of those terms are included in the body of this letter, and additional terms are contained in the attached document, entitled Additional Terms of Engagement. That document is expressly incorporated into this letter, and it should be read carefully. The execution and return of the enclosed copy of this letter constitutes an unqualified agreement to all the terms set forth in this letter and in the attached Additional Terms of Engagement. It is understood and agreed that our engagement is limited to the Representation. We are not being retained as general counsel, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in this letter. ' As bond counsel, we expect to perform the following duties: 55243859.1 AUSTIN . BEIJING . DALLAS . DENVER . DUBAI . HONG KONG . HOUSTON . LONDON . LOS ANGELES . MINNEAPOLIS MUNICH . NEw YORK . RIYADH . SAN ANTONIO . ST. Loins . WASHINGTON DC 196 (1) subject to completion of proceedings to our satisfaction, render our legal opinion (the "Bond Opinion ") regarding the validity and binding effect of the Obligations, the ' source of payment and security for the Obligations, and the federal income tax treatment of interest on the Obligations; (2) prepare and review documents necessary or appropriate to the authorization, issuance, sale, and delivery of the Obligations, and coordinate the authorization and execution of such documents, and review; (3) assist you in seeking from other governmental authorities such approvals, permissions, and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance, sale, and delivery of the Obligations; (4) review legal issues relating to the structure of the Obligations; (5) prepare election proceedings if appropriate; (6) assist you in reviewing those sections of the official statement, private placement memorandum, or other form of offering or disclosure document which describe the terms of the Obligations and the opinion described in paragraph (1) above to be disseminated in connection with the sale of the Obligations; and (7) assist in presenting information relating to the legality of the Obligations to bond rating organizations and providers of credit enhancement. ' The Bond Opinion will be based on facts and law existing as of its date. In rendering or Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. Our engagement is to advise you with respect to legal issues only; we understand that you have engaged Coastal Securities, Inc. as your financial advisor, and unless otherwise instructed by you we will consult with and take direction from your financial advisor in the issuance of the Obligations. Our duties as bond counsel specifically do not include: (1) except as described in paragraph (6) above, or except as specifically engaged for such purpose, assisting in the preparation or review of an official statement or any other disclosure document with respect to the Bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; (2) preparing requests for tax rulings from the Internal Revenue Service; (3) preparing blue sky or investment surveys with respect to the Bonds; ' 55243859.1 lei (4) drafting of state constitutional amendments or preparation of authorizing legislation; ' (5) making an investigation or expressing any view of the creditworthiness of you or of the Obligations or any obligor therefor; (6) except if specifically engaged for such purpose, assisting in the preparation of, or opining on, a continuing disclosure undertaking pertaining to the Obligations and, after initial delivery of the Obligations, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking; (7) responding to Internal Revenue Service audits or Securities and Exchange Commission investigations; or (8) any other matter not specifically set forth above that is not required to render the Bond Opinion. Our Personnel Who Will Be Working on the Obligations I will be working on the Obligations, and you may call, write, or e-mail me whenever you have any questions about the Representation. Other firm personnel, including firm lawyers and legal assistants, will participate in the Representation if, in our judgment, their participation is necessary or appropriate. Our Legal Fees and Costs Our fees for this engagement in the Representation will be equal to (.90 %) nine tenths of one percent of the principal amount of the Obligations issued, plus bond election fees in an amount not to exceed $5,000. Our fees will be contingent upon, and will be billed and become due promptly after, the ' actual delivery of the Obligations to or for the account of the initial purchaser. If, however, you voluntarily choose not to proceed with or effectively abandon issuance of the Obligations, or terminate our services with respect prior to issuance of the Obligations, you will compensate us for professional services rendered at our standard hourly rates at the time of delivery of your next issue of obligations that are payable from the same sources of funds as the Obligations or within six months after the date of your decision or abandonment, whichever is earlier, from and to the extent of legally available funds. From time, we may furnish estimates of legal fees and other charges that we anticipate will be incurred in connection with the Matter. Such estimates are by their nature inexact because of the potential for unforeseeable circumstances; and therefore, our actual fees and other charges may vary from such estimates. In addition to our fees for rendering professional services, you will compensate us for expenses and non - professional services incurred incident to the performance of our legal services, such as photocopying, delivery charges, travel expenses, long- distance telephone calls, facsimile transmissions, overtime for secretaries and other nonlegal staff, specialized computer applications such as computerized legal research, and filing fees, whether or not the Obligations are issued. L 198 Conflicts of Interest Before accepting the Representation, we have undertaken reasonable and customary ' efforts to determine whether there are any potential conflicts of interest that would bar our firm from representing you in connection with the issuance of the Obligations. Based on the information available to us, we are not aware of any potential disqualification. We reviewed that issue in accordance with the rules of professional responsibility adopted in Texas. We believe that those rules, rather than the rules of any other jurisdiction, are applicable to the Representation; and the execution and return of the enclosed copy of this letter by you represents an express agreement to the applicability of those rules. Conclusion This letter and the attached Additional Terms of Engagement constitute the entire terms of the engagement of Fulbright & Jaworski L.L.P. in the Representation. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by you and Fulbright & Jaworski L.L.P. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either City of Nederland, Texas or Fulbright & Jaworski L.L.P. Please carefully review this letter and the attached Additional Terms of Engagement. If both documents are acceptable, please sign and return the enclosed copy of this letter so that we may commence the Representation. Very truly yours, ' Nil Thomas NT /mab 55243859.1 r ' CITY OF NEDERLAND, TEXAS AGREES TO AND ACCEPTS THIS LETTER AND THE ATTACHED TERMS OF ENGAGEMENT: 1 1 City of Nederland, Texas By: Title: L Z7 Date: V, 55243859.1 199 200 FULBRIGHT & JAWORSKI L.L.P. Additional Terms of Engagement This is a supplement to our engagement letter, dated June 12, 2008. The purpose of this document is to set out additional terms of our agreement to provide the representation described in our engagement letter (the "Representation') concerning representation of you in connection with the issuance of the Obligations described in the engagement letter. Because these additional terms of engagement are a part of our agreement to provide legal services, you should review them carefully and should promptly communicate to us any questions concerning this document. We suggest that you retain this statement of additional terms along with our engagement letter and any related documents. The Scope of the Representation As lawyers, we undertake to provide representation and advice on the legal matters for which we are engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed to provide. Thus, if there are any questions about the scope of the Representation that we are to provide in connection with issuance of the Obligations, please raise those questions promptly, so that we may resolve them at the outset of the Representation. 1 Any expressions on our part concerning the outcome of the Representation, or any other legal matters, are based on our professional judgment and are not guarantees. Such expressions, even when described as opinions, are necessarily limited by our knowledge of the facts and are based I on our views of the state of the law at the time they are expressed. Upon accepting this engagement on your behalf, Fulbright & Jaworski L.L.P. agrees to do the following: (1) provide legal counsel in accordance with these terms of engagement and the related engagement letter, and in reliance upon information and guidance provided by you; and (2) keep you reasonably informed about the status and progress of the Representation. To enable us to provide effective representation, you agree to do the following: (1) disclose to us, fully and accurately and on a timely basis, all facts and documents that are or might be material or that we may request, (2) keep us apprised on a timely basis of all developments relating to the Representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with us. Our firm has been engaged to provide legal services as Bond Counsel in connection with the Representation, as specifically defined in our engagement letter. After completion of the Representation, changes may occur in the applicable laws or regulations that could affect your future rights and liabilities in regard to the Obligations. Unless we are actually engaged after the completion of the Representation to provide additional advice on such issues, the firm has no continuing obligation to give advice with respect to any future legal developments that may pertain to the Obligations, as specifically defined in our engagement letter. After completion of the Representation, changes may occur in the applicable laws or regulations that could affect , your future rights and liabilities in regard to the Obligations. 55243859.1 201. It is further agreed that the attorney- client relationship terminates upon initial issuance of the ' Obligations. Who Will Provide the Legal Services Customarily, each client of the firm has a relationship principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the Representation, or parts of it, may be performed by other firm personnel, including lawyers and legal assistants. Such delegation may be for the purpose of involving other firm personnel with special expertise in a given area or for the purpose of providing services on an efficient and timely basis. Our Relationships With Others Our law firm represents many companies and individuals. In some instances, the applicable rules of professional conduct may limit our ability to represent clients with conflicting or potentially conflicting interests. Those rules of conduct often allow us to exercise our independent judgment in determining whether our relationship with one client prevents us from representing another. In other situations, we may be permitted to represent a client only if the other clients consent to that representation. Rules concerning conflicts of interest vary with the jurisdiction. In order to avoid any uncertainty, it is our policy that the governing rules will be those applicable to the particular office of our firm that prepares the engagement letter for a particular matter. The acceptance by ' you of our engagement letter constitutes an express agreement with that policy, unless the engagement letter specifically states that some other rules of professional responsibility will govern our attorney - client relationship. If a controversy unrelated to the Obligations develops between you and any other client of the firm, we will follow the applicable rules of professional responsibility to determine whether we may represent either you or the other client in the unrelated controversy. You understand that we represent many investment banking firms, commercial banks, and other parties to public finance transactions from time to time in connection with other issues, including your financial advisor and potential underwriters for your securities, and you do not object to our continued representation (in connection with other issues) of any such firm with respect to which you choose to do business in connection with issuance of the Obligations, since doing so is how we are able to gain the experience we need to represent you effectively. In addition to our representation of other companies and individuals, we also regularly represent lawyers and law firms. As a result, opposing counsel to any party in connection with the issuance of the Obligations may be a lawyer or law firm that we may represent now or in the future. Likewise, opposing counsel to any party in connection with the issuance of the Obligations may represent our firm now or in the future. Further, we have professional and personal relationships with many other attorneys, often because of our participation in bar associations and other professional organizations. It is our professional judgment that such relationships with other attorneys do not adversely affect our ability to represent any client. The acceptance of these terms of engagement represents an unqualified consent to any such relationships between our firm and other lawyers or law firms, even counsel who is representing 55243859.1 20,, a party that is adverse to you in connection with the issuance of the Obligations that is the subject of this engagement or in some other matter. I Disclaimer Fulbright & Jaworski L.L.P. has made no promises or guarantees to you about the outcome of the Representation or the issuance of the Obligations, and nothing in these terms of engagement shall be construed as such a promise or guarantee. Our representation of you will not affect our responsibility to render an objective bond counsel Bond Opinion. Termination At any time, you may, with or without cause, terminate the Representation by notifying us of your intention to do so. Any such termination of services will not affect the obligation to pay legal services rendered and expenses incurred before termination, as well as additional services and charges incurred in connection with an orderly transition of the matters relating to issuance of the Obligations. We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice. There are several types of conduct or circumstances that could result in our withdrawing from representing a client, including, for example, the following: non - payment of fees or costs; misrepresentation or failure to disclose material facts; fraudulent or criminal conduct; action contrary to our advice; and conflict of interest with another client. We try to identify in advance and discuss with our clients any situation that may lead to our withdrawal. ' A failure by you to meet any obligations under these terms of engagement shall entitle Fulbright & Jaworski L.L.P. to terminate the Representation. In that event, you will take all steps necessary to release Fulbright & Jaworski L.L.P. of any further obligations in the Representation or the issuance of the Obligations, including without limitation the execution of any documents necessary to effectuate our withdrawal from the Representation or the issuance of the Obligations. The right of Fulbright & Jaworski L.L.P to withdraw in such circumstances is in addition to any rights created by statute or recognized by the governing rules of professional conduct. Billing Arrangements and Terms of Payment Our engagement letter specifically explains our fees for services in connection with issuance of the Obligations. It is agreed that you will make full payment within 30 days of receiving our statement. We will give notice if an account becomes delinquent, and it is further agreed that any delinquent account must be paid upon the giving of such notice. If the delinquency continues and you do not arrange satisfactory payment terms, we may withdraw from the Representation and pursue collection of our account. Document Retention At the close of any matter, we send our files in that matter to a storage facility for storage at our ' expense. The attorney closing the file determines how long we will maintain the files in storage. After that time, we will destroy the documents in the stored files. 55243859.4 At the conclusion of the Representation, we return to the client any documents that are ' specifically requested to be returned. As to any documents so returned, we may elect to keep a copy of the documents in our stored files. Charges for Other Expenses and Services Typically, our invoices will include amounts, not only for legal services rendered, but also for other expenses and services. Examples include charges for photocopying, long- distance telephone calls, travel and conference expenses, messenger deliveries, computerized research, and facsimile and other electronic transmissions. In addition, we reserve the right to send to you • far direct payment any invoices delivered to us by others, including experts and any vendors. It is not our policy to make any profit on any of these other expenses and services. Our invoices will reflect the cost to us of the products and services. In some situations, the actual cost of providing the product or service is difficult to establish, in which case we will use our professional judgment on the charges to be made. In some situations, we can arrange for ancillary services to be provided by third parties with direct billing to the client. Attached is a copy of our current recharge schedule for other expenses and services, which is subject to change from time to time. Standards of Professionalism and Attorney Complaint Information ' Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are to advise our clients of the contents of the Texas Lawyer's Creed, a copy of which is attached. In addition, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is available at all of our Texas offices and is likewise available upon request. A client that has any questions about State Bar's disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1- 800 - 932 -1900 toll free. 1 55243859.1 203 2c� THE TEXAS LAWYER'S CREED — A Mandate for Professionalism The Texas Supreme Court and the Texas Court of Criminal Appeals adopted this Creed, with the requirement that lawyers advise their clients of its contents when undertaking representation. 1 am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right. 1. OUR LEGAL SYSTEM. A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism. t am passionately proud of my profession. Therefore, "My word is my bond." I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life. I commit myself to an adequate and effective pro bono program. 1 am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed. I will always be conscious of my duty to the judicial system. 11. LAWYER TO CLIENT. A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self - interest. I will advise my client of the contents of this Creed when undertaking representation. I will endeavor to achieve my client's lawful objectives in legal transactions and in litigation as quickly and economically as possible. I will be loyal and committed to my client's lawful objectives, but 1 will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice. I will advise my client that civility and courtesy are expected and are not a sign of weakness. I will advise my client of proper and expected behavior. 1 will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party. I will advise my client that we will not pursue tactics which are intended primarily for delay. I will advise my client that we will not pursue any course of action which is without merit. 1 will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 1 will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes. III. LAWYER TO LAWYER. A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings, III feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct. I will be courteous, civil, and prompt in oral and written communications. I will not quarrel over matters of form or style, but I will concentrate on matters of substance. I will identify for other counsel or parties all changes I have made in documents submitted for review. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are canceled. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity to respond. I will attempt to 55243859.[ resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. 1 can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 1 will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. 1 will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel's intention to proceed. 1 will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. 1 will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. I will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any parry. I will refrain from excessive and abusive discovery. 1 will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. 1 will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. 1 will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable. I will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful objectives or is fully justified by the circumstances. IV. LAWYER AND JUDGE. Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession. 1 will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol. I will conduct myself in court in a professional manner and demonstrate my respect for the Court and the law. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility. I will be punctual. 1 will not engage in any conduct which offends the dignity and decorum of proceedings. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage. I will respect the rulings of the Court. I will give the issues in controversy deliberate, impartial and studied analysis and consideration. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes. it 1 LI CITY OF NEDERLAND RESOLUTION 2008 -06 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, 2008 AND ENDING SEPTEMBER 30, 2009. 1 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, 2008 and ending September 30, 2009; 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 28, 2008, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 14`h day of July, 2008. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Atto net y- City of Nederland, Texas R.A. Nugent, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. July 28, 2008 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 Sawyer and seconded by Councilmember Griffin to approve the minutes of the July 14, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. REQUEST A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to deny the request from the Jack 1 Foundation to waive fees associated with the rental of the Recreation Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone a request from Sunoco Partners Marketing & Terminals, L.P. for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve an Interlocal Agreement with the Cities of Port Neches, Groves, and Port Arthur for radio frequency realignment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 1 2 i? f Minutes continued, July 28, 2008 S. ORDINANCE ' Jim Gilley, Coastal Securities, reviewed the City's sale results for the General Obligation Bonds, Series 2008. He stated that the City received five bids for the sale of the $4.5 million bonds and interest rates ranged from 4.406795 to 5.074835. He recommended that the City award the sale to FTN Financial Capital Markets at an interest rate of 4.406796. Mr. Gilley felt the bids received were excellent and very competitive. He added that the City also received an excellent rating from Moody's and Standard & Poors and they were very complimentary of the City's budgetary and financial practices. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve Ordinance No. 2008 -14, authorizing the issuance of "City of Nederland, Texas, General Obligation Bonds, Series 2008 "; and levying an ad valorem tax; authorizing the execution of a transfer and paying agency agreement; and other matters in connection therewith. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. COMMENTS James C. Bailey, 424 Atlanta Avenue, addressed the Council regarding his plans for the structure at 118 - 51h Street. Mr. Bailey stated that he had received a letter from the City indicating that the structure was on the list to ' be demolished and that he should have it removed within 30 days to avoid further action by the City. He indicated that he had already obtained permits to begin renovation. Mr. Bailey informed the Council that he has begun work on the structure and it will be renovated in accordance with all building codes. Mayor Nugent informed Mr. Bailey that if the structure has considerable repairs made before the next demolition orders are made by the City Council then it should not appear on that list. 7. INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Investment Report for the quarter ending June 30, 2008. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to accept the Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:24 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed City of Nederland Fiscal Year 2008 -2009 Annual Budget. 205 Minutes continued, July 28, 2008 Cheryl Dowden, Interim City Manager, stated that in accordance with the City Charter a Public Hearing must be conducted prior to August 151h 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. The certified tax roll and the effective tax rate should be available sometime this week. Duncan Woodford, 2315 Nashville, asked why the proposed budget was not on the City's website for citizens to review prior to the Public Hearing. Mrs. Dowdent stated that it has not been done in the past but it was certainly something that the City could do in the future. She added that she would have it posted on the website tomorrow. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:28 p.m. by Mayor Nugent. 9. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to approve payments to Waukesha- Pearce Industries, Inc. for generators purchased with Hurricane Rita Disaster Recovery Grant funds in the following amounts: $85,841.00; $53,089.00; and, $130,468.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve payment to M.K. Painting, Inc. in the amount of $44,640.00, Canal Avenue Water Tower 2008 Rehabilitation, Pay Request No. 1. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:38 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, review and discuss City Manager position; Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 7:29 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. He added that the search for a City Manager will continue. Minutes continued, July 28, 2008 12. OFFICIALS' COMMENTS None. 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 7:33 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: �1hzi'i c d]W ) d La Donna Floyd, City Clerk' ' City of Nederland, Texas 1 . ?J CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor 1✓ Robert Sawyer Council Member -Ward I ✓ Billy Neal Council Member - Ward II Debby Griff in Council Member - Ward III Bert Rogers Council Member - Ward IV ✓ Cheryl Dowden Interim City Manager /Director of Finance IX LaDonna Floyd City Clerk ✓ Corrie Zepeda Acting City Clerk ✓ Richard Hughes City Attorne ✓ Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager �✓ 44' 01vu R. A. Nugent, Ma#r LaDonna Floyd, City Clerk - ©2 Date rl r 1 1 lerland ;el 1. R.A. 'Dyck' Nugent. Mayor Bert Rogers, Mayor Pra Tw+i Robert .Saveyer, Counciimember Billy Neal, Cnuncilmemtwr Debby Uriltin, Cmmedmember Andre Wlrner, City Manager 0. Box 967 • Nederland, Texas 77627 • (409) 723.1503 • FAX (409) 723.1550 Investment Report For the Quarter Ending; June 30, 2008 This report tae 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 reportim; period. Submitted by the Investment Officer of tlic City of :Nederland Cheryl f5owden, tnterini City ,Nlanager "Pi"U�grra-inii' ed lUi' Progress" 212 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2008 Investments at Beginning of Period (4 -1 -08) Purchases Maturities Investments at End of Period (6- 30 -08) Maturity Summary at June 30, 2008 $ 4,410,220.96 25,610.92 0.00 $ 4,435,831.88 0 Less than 3 months 09 to 12 months 1 1 1 City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2008 1 1 213 Fund Allocation at June 30, 2008 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% Balance Balance 04/01/2008 Purchases Maturities 06/30/2008 General Fund $ 3,261,056.04 $ 18,980.45 $ 3,280,036.49 Library Fund 31,767.35 126.73 31,894.08 Water & Sewer Fund 981,320.48 5,711.63 987,032.11 Motel Occupancy Tax Fund 11,930.00 69.49 11,999.49 Solid Waste Fund 801.89 4.67 806.56 Police Narcotics Fund 46,127.93 268.49 46,396.42 Bond Redemption Fund 77,217.27 449.46 77,666.73 $ 4,410,220.96 $ 25,610.92 $ - $ 4,435,831.88 Fund Allocation at June 30, 2008 Other 1.01% Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.25% General Fund 73.94% 214 Investment Report Schedule Investments for the Quarter ended June 30, 2008 CERTIFICATES OF DEPOSIT Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount June 30, 2008 Held at June 30, 2008 Library Special Fund 1481085106 01/04/08 12/31/08 362 3.59% 10,000.00 $ 124.76 Total Interest Earned on CDs for the quarter ended June 30, 2008 $ 124.76 Total Certificates of Deposit held at June 30, 2008 $ 10,000.00 1 1 1 2.15 Investment Report Schedule Investments for the Quarter ended June 30, 2008 ' INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments $ 4,400,220.96 $ 259610.92 $ 4,425,831.88 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 04/01/08 06/30/08 1 2.33% $ 3,261,056.04 $ 18,980.45 $ 3,280,036.49 Water &Sewer 04/01/08 06/30/08 1 2.33% 981,320.48 5,711.63 987,032.11 Bond Redemption Fund 04/01/08 06/30/08 1 2.33% 77,217.27 449.46 77,666.73 Motel Occupancy Tax Fund 04/01/08 06/30/08 1 2.33% 11,930.00 69.49 11,999.49 Library Special 04/01/08 06/30/08 1 2.33% 21,767.35 126.73 21,894.08 Solid Waste Fund 04/01/08 06/30/08 l 2.33% 801.89 4.67 806.56 Police Narcotic Fund 04/01/08 06/30/08 1 2.33% 46,127.93 268.49 46,396.42 Totals for TEXPOOL Investments $ 4,400,220.96 $ 259610.92 $ 4,425,831.88 1 1 216 Investment Report Schedule Investments for the Quarter ended June 30, 2008 INTEREST EARNED ON DEMAND DEPOSITS ' $ 33,221.92 1 1 Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate June 30, 2008 Bond Redemption Fund 04 /01/08 06/30/08 1 1.64% $ 166.04 Court Technology Fund 04/01/08 06/30/08 1 1.64% 9.26 Equipment Replacement Funds 04/01/08 06/30/08 1 1.64% 4,262.04 General Fund 04/01/08 06/30/08 1 1.64% 19,895.08 Library Special Fund 04/01/08 06/30/08 1 1.64% 152.02 MCML Dispatch 04/01/08 06/30/08 1 1.64% 938.57 Motel Occupancy Tax Fund 04/01/08 06/30/08 1 1.64% 38.61 Parks & Recreation Special Fund 04 /01/08 06/30/08 1 1.64% 3.89 Police Narcotic Fund 04/01/08 06/30/08 1 1.64% 673.63 Solid Waste Fund 04/01/08 06/30/08 l 1.64% 3,532.47 SRF Construction & Escrow Fund, 04/01/08 06/30/08 1 1.64% 815.37 SSES Fund 04 /01/08 06/30/08 l 1.64% 1,360.10 W & S Certificate Fund 04/01/08 06/30/08 1 1.64% 257.30 Water & Sewer Fund 04 /01/08 06/30/08 1 1.64% 1,117.54 $ 33,221.92 1 1 1 1 1 Investment Report Schedule June 30, 2008 Interest Earnings for Quarter Ended June 30, 2008 Bond Redemption Fund $ 615.50 Court Technology Fund 9.26 Equipment Replacement Funds 4,262.04 General Fund 38,875.53 Library Special Fund 403.51 MCML Dispatch 938.57 Motel Occupancy Tax Fund 108.10 Parks & Recreation Special Fund 3.89 Police Narcotic Account 942.12 Solid Waste Fund 3,537.14 SRF Escrow & Construction Funds 815.37 SSES Fund 1,360.10 W & S Certificate Fund 257.30 Water & Sewer Fund 6,829.17 $ 58,957.60 2i7 tJ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 3:00 p.m. August 11, 2008 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 Neal and seconded by Councilmember Rogers to approve the minutes of the 3uly 28, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent congratulated the Babe Ruth 14 -Year Old All Star team, the coaches, and parents on their recent success and wished them good luck at the Babe Ruth World Series. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to approve a Proclamation declaring August 11, 2008 as "Nederland 14 Year Old Babe Ruth All Stars Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Cheryl Dowden, Interim City Manager, presented each player and coach with a copy of the Proclamation. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the closure of 13`h Street between Nederland Avenue and Atlanta Avenue on August 17, 2008, from 2:00 p.m. until 8:00 p.m. for the First United Methodist Church Back -to- School Bash. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. L t '! Minutes continued, August 11, 2008 5. CITY SERVICES ' Cheryl Dowden, Interim City Manager, explained that it has been past practice to seek Council approval to authorize the Police Department to escort NISD buses to out of town football games on an annual basis. Chief Bush is requesting a modification to this practice. He is requesting that council approve the use of Police Department vehicles to escort NISD buses to not only out of town football games, but also to other NISD events as requested. He has suggested that he be allowed to use his discretion in approving additional escorts to school sponsored events. Mrs. Dowden added that because this would potentially impact the Police Departments overtime budget, she would recommend approval of this item with a review of budgetary impact prior to approving in future years. Chief Bush stated that last year the Nederland Girls' Softball team went to the State championship and asked that a police officer escort the buses. At the time there was not enough time to place the request on an agenda for Council approval, therefore, he made the decision to approve their request. In order to prevent another situation like that he wanted to obtain Council approval for all NISD events. Richard Hughes, City Attorney, stated that he had not had time to review this request but would like to be able to check into the City's liability. He suggested that the Council approve the request but to place it on the next agenda until such time as he could make a recommendation. ' A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to authorize the Nederland Police Department to escort Nederland High School buses to out of town Nederland Independent School District events, contingent upon review by the City Attorney, and to place this item on the next agenda for further discussion and possible approval. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. TAXES Randy Hutchinson, Sunoco, Inc., addressed the Council relative to requesting an ad valorem tax abatement. He stated that Sunoco intends to construct five new 600,000 barrel tanks that will be capable of storing crude oil for its customers. They have embarked on an active new tank construction program in recent years, and this next wave of construction is the most ambitious to date. Mr. Hutchinson added that construction is expected to begin in 2008 with completion and placement into service targeted for 2009. Sunoco customarily makes an active effort to utilize local parties for construction work. The estimated cost of the project is $53,500,000. Cheryl Dowden, Interim City Manager, explained that based upon the estimated value of $53,500,000, Sunoco would recognize the following savings in accordance with the terms of the Industrial District Agreement between the City and Sunoco: 2009 estimated tax savings of $161,719; and, 2010 savings of $113,204, for a total of $274,923. 2-1-4 Minutes continued, August 11, 2008 A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve the request from Sunoco Partners Marketing & Terminals, L.P. for an ad valorem tax abatement. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. BUDGET A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -15, 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 Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. TAXES Cheryl Dowden, Interim City Manager, reviewed various proposed tax rates for the upcoming fiscal year. She explained that if the effective tax rate were adopted it would not generate sufficient budgeted tax revenues and would leave a deficit of $344,029. She recommended the Council consider a proposed tax rate of $.578 per $100 assessed valuation. Due to the proposed tax rate being above the effective tax rate State statutes require two Public Hearings be conducted and publication of the proposed rate prior to adoption. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve the proposed tax rate of $.578 per $100 assessed valuation for the fiscal year beginning October 1, 2008 and ending September 30, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to adopt the tax rate at 6:00 p.m. on September 22, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to authorize two Public Hearings, one to be held at 6:00 p.m., Monday, August 25, 2008 and the other at 6:00 p.m., Monday, September 8, 2008 to receive questions and /or comments regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. RESOLUTION A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve Resolution No. 2008 -07, supporting the discontinuation of the diversion of transportation user revenues to non - transportation uses. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, August 11, 2008 am 10. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to approve a payment to DSR & Associates in the amount of $5,625,00, Canal Avenue water tower rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve payment of the bills for the month of July. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 3:53 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551,074, review and discuss City Manager position; Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 4:35 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. He added that the search for a City Manager will continue. 13. OFFICIALS' COMMENTS None. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor ' City of Nederland, Texas ATTEST: �n LaDonna Floyd, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member - Ward II i// Debby Griffin Council Member -Ward III Bert Rogers Council Member- Ward IV ✓ Cheryl Dowden Interim City Manager /Director of Finance ✓ LaDonna Floyd City Clerk ,✓ Corrie Ze eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief ✓ Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the Ci Manager C� R. A. Nuifent, yor LaDonna Floyd, City Clerk Date 1 1 223 CITY OF NEDERLAND ORDINANCE NO. 2008-15 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, 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, 2008 and ending September 30, 2009. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On July 28, 2008, 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 I - GENERAL FUND. That there be and is hereby appropriated the sum of Eight million, one hundred ninety -seven thousand, six hundred dollars and no cents ($8,197,600.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $ 12,400 b. Legal 64,905 c. City Manager 391,219 d. Finance 248,803 e. Personnel 211,143 f. Civil Service 6,200 g. City Hall 67,935 h. Police 2,680,351 i. Police - Prisoner Extra Help 44,914 j. Emergency Management 6,896 k. Fire 1,349,448 I. Fire Volunteers 16,000 m. Inspections 198,290 n. Public Works Administration 262,556 o. Street Department 939,840 p. City Shop 153,577 q. Parks & Recreation 464,378 r. Library 408,739 s. Other Requirements 670,006 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of One million, nine hundred eighty -three thousand, three hundred seventy -five dollars and no cents ($1,983,375.00) 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, thirty -three thousand dollars and no cents ($4,033,000.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $ 1,179,843 b. Billing/Collections 300,283 c. Wastewater Treatment 757,298 d. Water & Sewer Distribution 934,976 e. Other Requirements 860,600 224 Section 4 - WATER & SEWER CERTIFICATE FUND. That there be and is hereby appropriated the sum of Four hundred eight thousand, two hundred dollars and no cents ($408,200.00) to the Water & Sewer Certificate Fund for the payment of principal and interest on outstanding City debt. Section 5 SANITARY SEWER EVALUATION FUND(SSES). That there be and is hereby appropriated the sum of Fifty thousand dollars and no cents ($50,000.00) to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 6 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of One million, two hundred seventy -six thousand, seven hundred thirty -two dollars and no cents ($1,276,732.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND - GENERAL. That there be and is hereby appropriated the sum of Seven hundred twenty -five thousand dollars and no cents ($725,000.00) to the Equipment Replacement Fund - General 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 seventy -five thousand dollars and no cents ($175,000.00) 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 Eight thousand dollars and no cents ($8,000.00) 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 One hundred eight thousand, six hundred forty dollars and no cents ($108,640.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Ninety thousand dollars and no cents ($90,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 12 - HAZ -MAT FUND. That there be and is hereby appropriated the sum of Twenty -five thousand dollars and no cents ($25,000.00) to the Haz -Mat Fund for the payment of operating expenses. Section 13 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of 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 14 — 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 15 — STREET IMPROVEMENT FUND. That there be and is hereby appropriated the sum of Six hundred twenty -five thousand dollars and no cents ($625,000.00) to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 16 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of Two million, thirty thousand, three hundred dollars and no cents ($2,030,300.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 17 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND. That there be and is hereby appropriated the sum of Seven hundred nine thousand, six hundred seventy dollars and no cents ($709,670.00) 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, 2008 and ending September 30, 2009. ' 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, 2008, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2008 and ending September 30, 2009, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 11'h DAY OF AUGUST, A.D., 2008. 1 ATTEST: onna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichazd D. Hughes, City Att ney City of Nederland, Texas 1 R. A. Nugent, or City of Nederland, Texas �y4} 226 CITY OF NEDERLAND RESOLUTION NO. 2008-07 A RESOLUTION SUPPORTING THE DISCONTINUATION OF THE DIVERSION OF TRANSPORTATION USER REVENES TO NON - TRANSPORTATION USES AND THE APPROPRIATION OF ALL REVENUE GENERATED FROM HIGHWAY USER FEES AND TAXES TO FUND TRANSPORTATION PROJECTS. WHEREAS, the Texas Transportation Institute estimates that Americans spend 38 additional hours in travel time annually due to inadequate and undersized infrastructure; and WHEREAS, the additional congestions wasted 2.9 billion gallons of fuel and cost over $78 billion in time and fuel; and WHEREAS, the additional 38 hours in congestion equates to almost five vacation days that would be better spent with friends and family, an increase from 14 hours wasted in 1982; and WHEREAS, maintaining aging highway infrastructure throughout Texas and expanding the highway system for statewide connectivity and maintaining urban mobility requires far greater investment in transportation infrastructure than is possible with current transportation revenues; and WHEREAS, it is estimated that over $14 Billion dollars have been diverted from State Highway Fund 006 revenues 1986; funds that are badly needed for infrastructure improvements to address infrastructure needs throughout the State of Texas; and WHEREAS, because the quality of life for Texans today and in the future will not be measured by an increase number of hours in congestion, it is no longer sound ' public policy to divert existing transportation revenues to non - transportation uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: The City of Nederland, Texas supports the discontinuation of the diversion of transportation revenues to non - transportation sources and the appropriation of all revenues from highway user fees and taxes to fund transportation. PASSED AND APPROVED BY THE CITY COUNCIL FO THE CITY OF NEDERLAND, TEXAS this 1It" day of August, 2008. E 031 ATTEST: 0,..a� LaDonna Floyd, City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City A mey 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE film CITY OF NEDERLAND 8:30 a.m. August 18, 2008 1. MEETING The meeting was called to order at 8:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. EXECUTIVE SESSION The special meeting was recessed at 8:31 a.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, to review, deliberate and discuss City Manager semi - finalists applications; alternatives, processes and actions regarding interview, selection, employment, assignment and /or appointment of the best qualified candidate for the job; and establishing salary range. 3. RECONVENE The special meeting was reconvened at 5:03 p.m. by Mayor Nugent. He announced that interviews were conducted with semi - finalists and that no action is necessary. 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 5:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City clerk City of Nederland, Texas 225 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. August 25, 2008 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 Sawyer and seconded by Councilmember Rogers to approve the minutes of the regular meeting of August 11, 2008 and the special meeting of August 18, 2008 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. PARKS AND RECREATION A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve a request from the Mid County Noon Optimist Club to waive fees associated with the scheduled Cross Country Meet at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. CITY SERVICES Cheryl Dowden, Interim City Manager, stated that the City Attorney had requested that the item pertaining to Nederland Police Department escorting Nederland High School buses to out of town events be placed on the agenda again in order that he could research the liability issues associated with this. Richard Hughes, City Attorney, informed the Council that he had researched the potential liability issues and found that he believes this could be classified as a governmental function in order to protect the citizens of the community. However, he suggested that we continue to review the policy and seek approval annually. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the Nederland Police Department to escort Nederland High School buses to out of town Nederland Independent School District events. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 229 Minutes continued, August 25, 2008 5. PUBLIC HEARING The meeting was recessed and a Public Hearing was called to order at 6:09 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed tax rate of $0.578/$100 assessed valuation for FY 2008 -2009. Cheryl Dowden, Interim City Manager, explained that in accordance with State statutes if the proposed tax rate is above the effective tax rate it is necessary to conduct two Public Hearings. This is the first of the two required Public Hearings with the second scheduled for September 8th Mayor Nugent stated that the tax rate will be voted on at the September 22, 2008 meeting at 6:00 p.m. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:10 p.m. by Mayor Nugent. RESOLUTION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve the first reading of Resolution No. 2008 -08, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Sumrall's Air Conditioning, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. PROPERTY A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve a right -of -way agreement between the City of Nederland and the Nederland Economic Development Corporation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. CONTRACTS /AGREEMENTS Cheryl Dowden, Interim City Manager, reported that due to use changes to the Nederland Economic Development Corporation property located at Beauxart Garden Road and Holmes Road the engineering services contract will need to be amended. Rick Bourque, Schaumburg & Polk, Inc., explained that now that the property will be residential the need for a 4 -lane road will not be necessary. He added that there are three separate amendments to the current design to be addressed by this amended agreement; amend striping of the roadway section as currently planned from Highway 69 to a point approximately 150 feet west of Hodgson Road, widening of the current asphalt section from 150 feet west of Hodgson Road to the intersection at Holmes Road and revision of plans to show only the drainage improvements on Holmes /Smith Road from Gayle Street south to near the LNVA canal. Minutes continued, August 25, 2008 A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve an amendment to the agreement for engineering services with Schaumburg & Polk, Inc. related to the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone approval of an Interlocal Agreement between the City of Nederland, the City of Port Neches, City of Groves, and Jefferson County for cooperative purchasing of oil, gasoline, diesel, and other fuels. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded Councilmember Rogers to approve payments to Jefferson Electric Co., Inc. as follows: $47,358.00 and $1,715.00, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a payment to A & A Electric Co. in the amount of $1,195.20, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a payment to A & A Electric Co. in the amount of $8,150.19, Hurricane Rita Disaster Recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:41 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - City Manager finalist, Christopher Duque; Chapter 551.072, discuss acquisition, exchange, sale, and /or release of property; and Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc., and, consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 7:24 p.m. by Mayor Nugent. Minutes continued, August 25, 2008 12. PUBLIC OFFICIAL APPOINTMENT A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to appoint Christopher Duque as the City Manager for the City of Nederland to be effective September 30, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. PUBLIC OFFICIALS' COMMENTS Councilmember Rogers suggested that the Council read the information included in the latest edition of the TML Update. Darren Fanette addressed Council to ask when and where Phase II of the smoke testing will begin. Steve Hamilton, Director of Public Works, asked Mr. Fanette to contact him for further information. Tony Wells, Sunoco, wanted to introduce himself to Council. They are currently putting the pipeline through Nederland and he wanted to answer any questions they may have now or in the future. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 7:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: La orina Floyd, City Clerk City of Nederland, Texas 0 r. {, .. 4f ,:g .. CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor l✓ Robert Sawyer Council Member - Ward I Billy Neal Council Member - Ward II ✓ Debby Griffin Council Member - Ward III l/ Bert Rogers Council Member - Ward IV Che I Dowden Interim City Manager /Director of Finance L/ LaDonna Floyd City Clerk L11 Corrie Zepeda Acting City Clerk Richard Hughes City Attorne ✓ Darrell Bush Police Chief l/ Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager 6wzw� R. A. Nugent, or LaDonna Floyd, City Clerk J -L)S p�? Date 1 1 1 91 L30 RIGHT -OF -WAY AGREEMENT Preamble This Agreement is made on the �' day of a 2008, at Nederland, Jefferson County, Texas, between NEDERLAND ECONOMIC DEVELOPMENT CORPORATION, ( "Grantor "), and CITY OF NEDERLAND, a municipal corporation of Jefferson County, State of Texas, ( "Grantee "). Grant of Right -Of -Way 1. For the consideration described in Paragraph 2, Grantor grants to Grantee a right -of -way upon and across that certain property of the Grantor located in Jefferson County, Texas being a 0.483 acre tract of land out of and a part of Lot 5 Block 18, Range "J" of the Lands of the Port Arthur Land Company (PALCO), as more particularly described in Exhibit "A" (consisting of two pages) attached hereto and incorporated herein for all purposes property (the "Property "). Consideration 2. This right -of -way is granted in consideration of the Grantee's payment to Grantor of the sum of $10.00 and other valuable consideration, the receipt and sufficiency of which is acknowledged. Character of Right -Of -Way This instrument grants a right -of -way in gross. Purpose of Right -Of -Way 4. This right -of -way, with its rights and privileges, shall be for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utility lines, street and /or drainage improvements, together with the right of ingress and egress from said right -of -way or any part thereof. Duration of Right -Of -Way This right -of -way shall be perpetual. Warranty of Title 6. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the right -of -way and rights conveyed in this instrument to Grantee and Grantee's heirs, personal representatives, 233 234 successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. I Maintenance 7. The holder of the right -of -way has the right to eliminate any encroachments into the right -of -way Property. Grantee shall have the right to clear trees and undergrowth to the extent that it deems it necessary to exercise its rights herein granted. Grantee will at all times, after doing any work in connection with the purposes herein stated, restore the Property to the condition in which same was found before such work was undertaken. Grantee shall dispose of all tree cuttings and trimmings by loading and hauling away from the Property. Termination 8. The right -of -way, along with its rights and privileges shall terminate when the purpose of the right -of -way, as described in Paragraph 5 of this Agreement, ceases to exist, is abandoned by Grantee, or becomes impossible of performance. Rights Reserved 9. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the right -of -way area described in Paragraph 4 of this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the right -of -way. Entire Agreement 10. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Dispute Expenses and Attorney's Fees 11 If any controversy, claim, or dispute arises relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney's fees, and costs. Binding Effect 12. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Assignability and Binding Effect 1 ZJ5 13. This right -of -way shall be assignable with the approval of the Grantor, which approval shall not be unreasonably withheld. This Agreement shall bind and inure to the benefit of the Grantee. Executed this the JS day of o 2008, at Nederland, Jefferson County, Texas. GRANTOR: NEDERLAND ECONOMIC DEVELOPMENT CORPORATION Its: '67 X t Cc.0ft 'vt 1� i r P 0 to r- THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the o25�►, day of _, 2008, by Tracie Killian, Executive Director of the Nederland Economic Development Corporation. Wwj I ter. � �. .. N• . • 1 �.• °ro;'" h == IaDONNA FLOYD "Wy P11W. Stale of Texas My Gammas on Emires FEB. 2, 2009 1 CITY OF NEDERLAND R.A. U T, MAYOR L�NfVA FLOY CLERK THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of �Ir i.�nt , 2008, by R.A. Nugent, Mayor of the City of Nederland. Notary Public, State of Texas i� BEAUXART GARDENS ROAD I.1.•F 1'I3'00'E. 1111 OF NEDERLAND 2.560 ACRES C.C. #2003029988 5 EAS. A T_& T. _ G Q SCALE: 1 " =50' G (EXCEPT AS NOTED) � 0 0 a v � Q v BOO °o• RESIDUE OF LOT 5, BLOCK 18. RANGE J" PALCO Gm W N 3 (n pp a v J _ vi L c J 3 o s.4r13•ooty. 0 20.00' oN �a SPIDLE & SPIDLE, INC. "COMMENCIIJG PT." m Z.00 ACRES MOST S'LY. CORNER $ E C.C. #2001036474 OF LOT 5 BLOCK 18, o RANGE I'J" PALCO •d' SKETCH OF 0.483 ACRES TO BE CONVEYED TO THE CITY OF NEDERLAND, TEXAS 20.0 x1.40 AUGUST 19, =�0D8 zo.00' — 23 August 19, 2008 DESCRIPTION OF A 0.483 ACRE TRACT TO BE CONVEYED TO THE CITY OF NEDERLAND BEING a 0.483 acre tract of land out of and a part of Lot Number 5, Block 18, Range "T' of the Lands of the Port Arthur Land Company, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Volume 1 page 22 Map Records of Jefferson County, Texas, and also being out of and a part of that certain 68.3350 acre tract which was conveyed by Jacob and Pete M. H. Doombos Family Limited Partnership to Nederland Economic Development Corporation by deed recorded under County Clerk's File Number 2001001421 Official Public Records of Real Property, Jefferson County, Texas, said 0.483 acre tract of land being more fully described as follows, to -wit: COMMENCING at the most Southerly corner of said Lot 5, Block 18, Range "J" of the Port Arthur Land Company; THENCE North 41 deg. 13 min. 00 sec. East for a distance of 20.00 feet to a point in the existing Northeast right of way line of Holmes Road, and being the most Southerly corner of said 68.3350 acre Nederland Economic Development Corporation tract of land; THENCE North 48 deg. 47 min. 00 sec. West 200.00 feet to the most Westerly corner of a tract of land conveyed by Nederland Economic Development Corporation to Spidle & Spidle, Inc. in a deed recorded under County Clerk's File Number 2001036474 Official Public Records of Real Property, Jefferson County, Texas, and being the POINT OF BEGINNING of the herein described tract of land; THENCE North 48 deg. 47 min. 00 sec. West (Reference bearing per deed) with the existing Northeast right of way line of Holmes Road, for a distance of 1052.00 feet to a point for corner; THENCE North 41 deg. 13 min. 00 sec. East with the Southeasterly line of a tract described in a Right of Way Agreement granting a 2.560 acre tract to the City of Nederland, recorded under County Clerk's File Number 2003029988 Official Public Records of Real Property, Jefferson County, Texas, for a distance of 20.00 feet to a point for comer; THENCE South 48 deg. 47 min. 00 sec. East, parallel with and Twenty feet (20') Northeasterly from the Northeast right of way line of Holmes Road, for a distance of 1052.00 feet to a point for corner in the Northwest line of said Spidle & Spidle, Inc. tract of land; THENCE South 41 deg. 13 min. 00 sec. West with the Northeast line of said Spidle & Spidle, Inc. tract of land, for a distance of 20.00 feet to the POINT OF BEGINNING, enclosing 0.483 acres of land, more or less. i . ) _ REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. 1. MEETING September 8, 2008 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 Griffin and seconded by Mayor Pro Tern Sawyer to approve the minutes of the August 25, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:02 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed tax rate of $0.578/$100 assessed valuation for FY 2008 -2009. Cheryl Dowden, Interim City Manager, explained that this is the second of two required Public Hearings to discuss the proposed tax rate of $0.578/$100 assessed valuation. Mayor Nugent announced that the tax rate will be voted on at 6:00 p.m., September 22, 2008. There being no questions and /or comments the Public Hearing was adjourned at 3:04 p.m. by Mayor Nugent. 4. REQUEST A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a request from Brian English, Nederland Basketball Fall League, to waive fees for the use of the gym at the Recreation Center to conduct fall basketball games. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. �Y i1 C , Minutes continued, September 8, 2008 5. UTILITIES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -16, declaring certain utility accounts as uncollectible. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2008 -17, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. CONTRACT /AGREEMENT A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve an Interlocal Agreement between the Cities of Nederland, Groves, and Port Neches, and Jefferson County for cooperative purchasing of oil, gasoline, diesel, and other fuels. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. RESOLUTIONS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve the final reading of Resolution No. 2008- 08, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Sumrall's Air Conditioning, Inc. in the amount of $11,500.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve Resolution No. 2008 -09, authorizing the submission of a Community Development Block Grant to the Office of Rural and Community Affairs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to reappoint Billy Neal and Nicholas Phillips to the Nederland Economic Development Corporation Board of Directors for a two -year term. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, September 8, 2008 10. LIBRARY A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to authorize the submission of a grant in the amount of $51,800.00 to the Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. CHANGE ORDER A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve Change Order No. 1 in the amount of +$800.00 with M. K. Painting, Inc., Canal Avenue water tower 2008 rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Pay Request No. 2 and final to M. K. Painting, Inc. in the amount of $31,060.00, Canal Avenue water tower 2008 rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve a payment to DSR & Associates in the amount of $6,875.00, Canal Avenue water tower 2008 rehabilitation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a payment to Schaumburg & Polk, Inc. in the amount of $1,219.50, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve payment of the bills for the month of August. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4 Minutes continued, September 8, 2008 14. OFFICIALS' COMMENTS Cheryl Dowden, Interim City Manager, stated that City staff continues to monitor Hurricane Ike and will keep Council informed on the status. Councilmember Griffin stated that the condition of Doornbos Park is unacceptable. She presented pictures of high weeds, grass, low hanging limbs, and trash around the park and in the pond. Councilmember Griffin added that she is continually receiving complaints about the park. She feels that this should be a priority and be cleaned up. Councilmember Neal agreed with Councilmember Griffin saying it is an embarrassed. Mrs. Dowden asked Steve Hamilton, Director of Public Works, to meet with her tomorrow to discuss a solution to this problem. 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:53 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas D �,y3 COOPERATIVE PURCHASING INTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement ( "Agreement ") is made and entered into as of the date written below between the Cities of Port Neches, Nederland, Groves, Texas and Jefferson County, Texas. WHEREAS, Port Neches, Nederland, Groves and Jefferson County have all determined a need for a cooperative agreement to purchase oil, gasoline, diesel and other fuels to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, Port Neches, Nederland, Groves and Jefferson County are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Port Neches, Nederland, Groves and Jefferson County agree as follows: SECTION 1. The purpose of this Agreement is to enable Port Neches, Nederland, Groves, and Jefferson County to purchase oil, gasoline, diesel and other fuels and to avoid duplicate procurement efforts and obtain the benefits of volume purchasing by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, the entity. ( "Designated Representative "). SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for oil, gasoline, diesel and other fuels (the "First Purchasing Party ") shall attempt to obtain the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party ") for the same price and on the same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services. The First Purchasing Party shall be responsible for any bidding process that may be required for a particular purchase. SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract against the vendor, including all cost of enforcement. SECTION S. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. SECTION 6. This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party. 2A SECTION 7. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the term or provisions declared illegal, invalid or unenforceable. SECTION 8. Execution of this Agreement does not obligate Port Neches, Nederland, Groves or Jefferson County to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 9. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 10. The undersigned officers and /or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 11. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the respective city representative set out below, or his /her designee. The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2008. COUNTY OF JEFFERSON, TEXAS BY: Ronald L. Walker, County Judge 1 The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the _day of 2008. CITY OF NEDERLAND, TEXAS By: .�- Title: 1 1 245 246 CITY OF NEDERLAND ORDINANCE NO. 2008-16 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $11,195.89 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30 -08 IN THE CITY OF NEDERLAND. WHEREAS, Generally Accepted Accounting Practices require that uncollectible accounts receivable be written off to reflect accurate revenues; and, WHEREAS, Based on auditor recommendations it is desirable to present uncollectible accounts to be charged off, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. The City of Nederland's book of accounts of the Water Billing/Collecting Department are hereby corrected to reflect the following charge -offs for fiscal year 2007 -08 in the amount of $11,195.89 as set forth in Attachment "A." Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -32 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from I and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 8t" day of September, A.D., 2008. ATTEST: donna Floyd, City ler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 'Richard D. Hughes, Cily Attorney City of Nederland, Texas R. A , ugeV, Mayor City of Nederland, Texas 1 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2007.2008 Account Number Amount 01- 1550 -01 -0 133.70 02- 0070 -07 -0 81.25 02- 0814 -04 -0 26.39 02- 1070 -10 -0 229.87 02- 1950 -07 -0 89.58 02- 2220 -04 -0 89.52 02- 2700 -04 -0 40.74 03- 0970 -14 -0 104.00 03- 2240 -04 -0 47.96 04. 0580 -03 -0 21.47 04- 1510 -02 -0 100.62 04- 1620 -14 -0 64.06 04- 2050 -03 -0 276.63 04- 4220 -00 -0 58.27 05- 0045 -11 -0 30.65 05- 0450 -02 -0 25.36 05- 0790 -08 -0 84.95 05- 0790 -10 -0 82.81 05- 1360 -04 -0 174.12 05- 1410 -03 -0 90.84 05- 1710-05 -0 120.06 05- 3260 -02 -0 62.98 05- 4130 -07 -0 30.03 05- 4130 -08 -0 15.90 06- 0670 -04 -0 38.53 06- 0670 -05 -0 81.49 06- 1100 -16 -0 86.41 06- 1 370-01-0 11.99 06- 1590 -05 -0 79.80 06- 2780 -04 -0 161.08 06- 2860 -03 -0 81.05 06- 3180 -02 -0 42.56 07- 0550 -06 -0 55.60 07- 0750 -00 -0 18.52 08. 0540 -05 -0 77.08 08- 1460 -01 -0 18.79 08- 1460 -02 -0 66.34 08- 2610 -09 -0 101.51 08- 2650 -01 -0 33.68 09- 0200 -13 -0 49.28 09- 0440 -06 -0 14.34 09- 1190 -07 -0 72.59 09- 1700 -03 -0 17.69 09- 2020 -03 -0 104.79 10- 0110 -11 -0 192.84 10- 0350.15.0 75.89 10- 0510 -00 -0 283.59 10- 1040 -10 -0 270.77 10- 1100 -03 -0 98.63 10- 1940 -15 -0 22.99 10- 2620 -00 -0 15.62 10- 2940 -00 -0 140.51 10- 3570 -08 -0 138.27 11- 3175 -05 -0 117.92 11- 3195 -05 -0 242.04 11- 3195 -07 -0 49.92 11- 3196 -08 -0 13.37 11- 3210 -02 -0 144.45 11- 3280 -00 -0 - 130.51 12- 0430 -07 -0 228.70 12- 0470 -12 -0 96.85 247 248 ACCOUNTS TO BE WRITTEN OFF FOR FYE 2007 -08 Continued 12- 0550 -07 -0 93.47 12- 0640 -10 -0 50.92 12- 0710 -01 -0 158.51 12- 0830 -06 -0 29.49 12- 1130 -06 -0 73.27 13- 0660 -17 -0 48.20 13- 0820 -06 -0 31.20 13- 1160 -03 -0 274.21 13- 1600 -02 -0 7470 13- 1700 -05 -0 66.23 13- 1810 -05 -0 267.74 13- 2065 -02 -0 107.05 13- 2065.03 -0 33.08 13- 2067 -05 -0 27.60 13- 2069 -05 -0 30.61 13- 2128 -04 -0 35.41 14- 0270 -00 -0 120.08 14- 1950 -01 -0 29.17 14- 2030 -01 -0 87.65 14- 2410 -00 -0 29.18 15- 0120 -06 -0 44.90 15. 1060 -00 -0 27.42 15- 2130 -04 -0 11.95 15- 2905 -13 -0 28.98 16- 0110 -11 -0 15.11 16- 0530 -06 -0 404.84 16- 0800 -08 -0 395.01 16. 0850 -11 -0 50.47 16- 1340 -10 -0 150.10 16- 2440 -06 -0 12.95 17- 0200 -07.0 78.60 17- 0280 -03 -0 63.86 17- 0650.02 -0 363.53 17- 0810 -03 -0 142.63 17. 0862 -05 -0 76.99 17- 0863 -04 -0 29.84 17. 1590 -08 -0 113.91 17- 1590 -09 -0 219.87 17- 1650 -09 -0 29.03 17. 1860 -07 -0 83.98 18- 0450 -00 -0 61.16 18. 0910 -09 -0 67.47 18. 1565 -08 -0 95.60 18. 1790 -08 -0 38.27 18- 1880 -07 -0 82.37 19- 0080 -08 -0 33.46 19. 2370 -10 -0 168.20 20- 1140 -00 -0 259.10 20- 1610 -12 -0 56.30 21. 0670 -01 -0 53.07 23- 0900 -03 -0 42.03 23. 1130 -10 -0 72.11 24. 0705 -04 -0 77.93 24. 0705 -05 -0 110.77 24- 0705 -06 -0 96.79 24- 0776 -05 -0 93.61 24- 0870 -00 -0 218.16 TOTAL $11,195.89 Ll� 249 CITY OF NEDERLAND ORDINANCE NO. 2008 -17 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. 2007-09. 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. r. 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. r. 250 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/Tai) 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 E -aion) 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: 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 4l'- 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/Taps. 1. The City reserves the right to tap existing City sewer lines. 251 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 3/4" and Smaller Water Meter (No Sneer Excavation) (No Street 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 Strew 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' - 30' 525.00 675.00 31' -40 700.00 875.00 41'- 50' 850.00 1,050.00 SECTION 7. Water Meter and Garbage Container Deposits. I. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTIONS. Aoolication of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. Inside City Outside City 3/4" and Smaller Water Meter $100.00 $100.00 1" Water Meter 150.00 150.00 1 t/2 " Water Meter 200.00 200.00 1 3/4 " Water Meter 250.00 250.00 2" and Larger Water Meter 300.00 300.00 2. In order to be provided with an additional garbage container, 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. SECTIONS. Aoolication of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - 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: 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: * 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. 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 Penaltv. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the ten percent (10%) penalty shall not be applied to persons age 60 or [7 h Inside City Outside City First 2,000 Gallons (minimum)* $ 8.20 $ 14.25 Each additional 1,000 gallons ** 2.90 4.35 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. 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 Penaltv. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the ten percent (10%) penalty shall not be applied to persons age 60 or [7 h 253 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. Ielinauencv - 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 Cha=. 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 $60.00 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. 254 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 for a period of 24 months. 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. 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. 1 i SECTION 21. Sewer Adiustments. 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 Tamnerine. 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 255 256 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 October 1, 2008. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 8th day of September 2008. R. A. Augen pajor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: a Richard D. Hughes, City tomey City of Nederland, Texas 1 1 CITY OF NEDERLAND RESOLUTION 2008 -08 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one - quarter cent sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation (`Board ") relating to the offering of an incentive, not to exceed $11,500, to Sumrall's Air Conditioning, Inc., in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 25`h day of August ,2008 at which meeting a quorum was present and voting. R.A. NtIge9payor City of Nederland, Texas ATTEST: (Zo r3�vu. LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: IR ichard b. hes, kilt y A e City of Nederland, Texas J 37 258 Resolution No. 2008 -08 Page 2 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 8`" day of September, 2008, at which meeting a quorum was present and voting. ATTTEE/�S(/T:: , LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Ci Attorney City of Nederland, Texas R.A. Nuge , Mayor City of Nederland, Texas 1 �.' () r- \1 RESOLUTION NO. 2008 -09 WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for funding under the 2009/2010 Texas Community Development Program: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That a Texas Community Development Block Grant Program application ' for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Office of Rural Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $250,000.00 of grant funds to carry out a yard line Sewer Replacement Project and $50,000.00 Local Funds. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation in the Texas Community Development Block Grant Program. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the _ P _ day of � t l" 6-Ct , 2008. A RESOLUTION OF THE CITY COUNCIL 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 REPRESENTITWE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Nederland to apply for funding under the 2009/2010 Texas Community Development Program: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That a Texas Community Development Block Grant Program application ' for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Office of Rural Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $250,000.00 of grant funds to carry out a yard line Sewer Replacement Project and $50,000.00 Local Funds. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation in the Texas Community Development Block Grant Program. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the _ P _ day of � t l" 6-Ct , 2008. R. A. Nugent, fayor City of Neder and, Texas ATTE-�S////T//��: ]] q� LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City AArney City of Nederland, Texas EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 2:00 p.m. September 15, 2008 1. MEETING The emergency meeting was called to order at 2:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ORDINANCE A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -17, establishing and continuing certain emergency measures and regulations for the City of Nederland necessary due to the state of disaster resulting from Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, and Neal. Noes: None. Absent: Councilmembers Griffin and Rogers. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 2:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, and Neal. Noes: None. Absent: Councilmembers Griffin and Rogers. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 2 r,')1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor r/ Robert Sawyer Council Member - Ward I l� Billy Neal Council Member - Ward lI Debby Griffin Council Member - Ward III Bert Rogers Council Member - Ward IV ✓ Cheryl Dowden Interim City Manager /Director of Finance ✓ LaDonna Floyd City Clerk Corrie 2e eda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian V Kelly Galloway Assistant to the City Manager WK Nugent, or LaDonna Floyd, City Clerk 9- Date ? CITY OF NEDERLAND ORDINANCE NO. 2008 -17 WHEREAS, by proclamation issued September 11, 2008, the Mayor declared a state of disaster for the City of Nederland resulting from Hurricane Ike. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, said state of disaster requires that certain emergency measures by taken pursuant to the Executive Order of the Governor Relating to Emergency Management; now, therefore, the following regulations shall take effect immediately upon issuance; and shall remain in effect until the state of disaster is terminated: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. CURFEW (a) A person shall not remain or travel upon any public or private property in the following areas between dusk to dawy: Corporate City Limits of the City of Nederland (b) Subsection (a) shall not apply to: (1) a person authorized by the Emergency Management Director to assist in the protection of the health, safety, or welfare of the public; or (2) a person who remains or travels upon private property which is owned by said person or upon which the person has been invited. 2. EXPLOSIVES (a) A person shall not sell, barter, loan, or give away arms, ammunition, dynamite, or other explosives in the following areas: Corporate City Limits of the City of Nederland (b) All establishments where arms, ammunition, dynamite, or other explosives are sold shall be closed in the following areas: Corporate City Limits of the City of Nederland 3. PRICE CONTROLS A person shall not sell any of the following goods or services fro more than the price the person charged for the goods or services on September 11, 2008: (a) groceries, beverages, toilet articles, ice; (b) construction and building materials and supplies, and earthmoving equipment and machinery; (c) electrical and gas generating and transmission equipment, parts and accessories; (d) charcoal briquettes, matches, candles, lamp illumination and heat unit carbides, dry batteries, light bulbs, flashlights, and hand lanterns; (e) hand tools (manual and power), hardware and household supplies, and equipment rental; (f) automotive parts, supplies, and accessories; (g) plumbing and electrical tools and supplies; (h) apartment, duplex, multi - family dwelling, rooming house, hotel and motel rental; (i) gasoline, diesel oil, motor oil, kerosene, grease and automotive lubricants; (j) restaurant, cafeteria, and boarding house meals; (k) services of roofing and building contractors, (1) medicine, pharmaceutical, and medical equipment and supplies (m) blankets, quilts, bedspreads, bed linens, mattresses, bedsprings, bedsteads, towels, and toilet paper; and (n) furniture and clothing 4. EXTENSION OF STATE OF DISASTER The powers vested in the Mayor detailed in the DECLARATION OF DISASTER established effective September 11, 2008, attached hereto and incorporated by reference, shall be extended for an additional period of thirty days beyond the initial seven day period established in said DECLARATION, or until the state of disaster is terminated, whichever occurs first. S. PENALTIES (a) These regulations shall have the effect of ordinances when duly filed with the City Clerk. (b) A person who violates any provision of these regulations, upon conviction, is punishable by a fine of not more than five hundred dollars ($500.00). 6. EMERGENCY This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland at an emergency meeting this the 15'h day of September , A.D., 2008. R. A. Nug nt, or City of Nederlahtl, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 5 Richard D. Hughes, City Attorney City of Nederland, Texas 1 2 G 3 204 DECLARATION OF DISASTER WHEREAS, the City of Nederland on the 11th day of September, 2008, has suffered widespread or sever damage, injury, or loss of life or property (or there is imminent threat of same) resulting from Hurricane Ike, and WHEREAS, the Mayor of the City of Nederland has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property, NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF NEDERLAND That a local state of disaster is herby declared for the City of Nederland pursuant to §418.018(a) of the Texas Government Code. 2. Pursuant to §418.018(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of the City of Nederland. 3. pursuant to §418.0180 of the Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to §418.018(d) of the Government Code, this declaration of a local state or disaster activates the City emergency management plan. 5. That this proclamation shall take effect immediately from and after its issuance. ORDERED this the 11th day of September, 2008. Mayor Richard V. Nugent City of Nederland �1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. 1. MEETING September 22, 2008 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 Sawyer and seconded by Councilmember Neal to approve the minutes of the regular meeting of September 8, 2008 and the emergency meeting of September 15, 2008, as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. TAX RATE A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to set the maintenance and operation portion of the property tax rate at $0.351731 for FY 2008 -2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to set the interest and sinking fund portion of the property tax rate at $0.226269 for FY 2008 -2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -18, adopting the tax rate for fiscal year beginning October 1, 2008 and ending September 30, 2009, and move that property taxes be increased by the adoption of a tax rate of $0.578. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to ratify the property tax revenue increase reflected in the budget adopted for FY 2008 -2009. MOTION CARRIED. 1 �1)`J Minutes continued, September 22, 2008 4. SPECIAL MEETING Cheryl Dowden, Interim City Manager, explained that due to activities involved with Hurricane Ike recovery last week it is necessary to schedule a special meeting in order to take care of remaining business that would have appeared on the agenda for today's regular meeting. Staff was unable to devote the time necessary to complete a full agenda and packet. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to set a Special Meeting for 3:00 p.m. on Monday, September 29, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:08 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas LJ 1 ri CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I Billy Neal Council Member - Ward II Debby Griffin Council Member - Ward III (/ Bert Rogers Council Member - Ward IV Cheryl Dowden Interim City Manager /Director of Finance LaDonna Floyd City Clerk v Corrie Ze eda Acting City Clerk Richard Hughes City AttorneyV / Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager " L� 0. A. Nugent, or LaDonna Floyd, City Clerk Date >t ORDINANCE NO. 2008-18 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2008, 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 2008, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $966,473,410; now, therefore, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND, WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(22.73); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: ' SECTION 1: - That the tax assessment rolls furnished by the City's Tax Assessor - Collector, based upon the certified roll furnished by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $966,473,410, shall become the tax assessment rolls of the City of Nederland for the year 2008, less all exemptions provided by either State Law or City ordinance in the amount of $109,136,073. SECTION 2: - That there is hereby levied for the current year, 2008, 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, 2009 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 57.8 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), 35.1731 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 22.6269 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose ofpaying interest and principal of Four hundred twenty-two thousand, five hundred thirty -two dollars and fifty cents ($422,532.50) on the Certificates of Obligation, Series 1996, 4.84165 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Five hundred thirty -five thousand, nine hundred eighty dollars ($535,980.00) on the Certificates of Obligation, Series 1998, 6.14161 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One hundred twelve thousand, two hundred thirty dollars ($112,230.00) on the Certificates of Obligation, Series 1999, 1.2860 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Five hundred sixty -five thousand, two hundred thirteen dollars and seventy -six cents ($565,213.76) on the Certificates of Obligation, Series 2002, 6.47658 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Three hundred forty-four thousand, three hundred seventy -five dollars ($344,375.00) on the General Obligation Bonds, Series 2008, 3.88106 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 ofthe 2008 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 22nd DAY OF SEPTEMBER, A.D., 2008. R. A. Nugent, ayor City of Nederland, Texas ATTE;ST: ( 'cQ', ra )�" e� LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �I _ Richard City City of Nederland, Texas I� 2 6' 9 2-70 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. September 29, 2008 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 Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve the minutes of the September 22, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. REQUEST A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a request from Ridgewood Christian School to utilize Doornbos Park for a Bike- a -Thon, waiving the prohibition against bicycles on park sidewalks, and waiving the prohibition against sales in the park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. HURRICANE IKE A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to waive permit fees as a result of the Declared State of Disaster for the City of Nederland resulting from Hurricane Ike, until December 31, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to adopt a one time variance to the Code of Ordinances, parking of travel trailers as a result of the Declared State of Disaster for the City of Nederland resulting from Hurricane Ike, until December 31, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to waive penalties for late payments of water, sewer and sanitation bills, as a result of the declared State of Disaster for the City of Nederland resulting from Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, September 29, 2008 5. ORDINANCE A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Sawyer to approve Ordinance No. 2008 -13, flood plain management. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. BUDGET A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2008 -19, amending the FY 2007 -2008 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. APPOINTMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to appoint Erik Shaw to the Nederland Economic Development Corporation Board of Directors for a two year term, October 1, 2008 through September 30, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. LIBRARY A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the Library Technology Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. CAPITAL IMPROVEMENT PROGRAM Cheryl Dowden, Interim City Manager, reviewed the proposed Five Year Capital Improvement Program for the years 2009 -2013 which identifies capital expenditures /projects totaling $9,827,000. She 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. She 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. 10. 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 Sawyer, Neal, Griffin, and Rogers. Noes: None. 2t2 Minutes continued, September 29, 2008 11. PUBLIC OFFICIALS' COMMENTS Cheryl Dowden, Interim City Manager, asked Steve Hamilton, Director of Public Works, to give an update on the Hurricane Ike debris removal. Mr. Hamilton reported that the contractor will be picking up green waste only during the first pass through the City and that should be completed by Tuesday, September 3o`h. During the second pass they will begin picking up other debris as well. Mr. Hamilton is hopeful that the contractors will provide three complete passes. Mrs. Dowden also thanked the City staff for all their hard work during the recovery phase of Hurricane Ike. Councilmember Rogers stated that he had received comments from many constituents saying how pleased they were with the work the City had done immediately after Hurricane Ike. Councilmember Sawyer said that he also has heard nothing but good things about the work done by the City. Councilmember Neal thanked City staff and thought things went much smoother this time than with Hurricane Rita. 12. 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, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 rnn CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ►� Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member - Ward II ✓ Debby Griffin Council Member - Ward III ✓ Bert Rogers Council Member - Ward IV �✓ Cheryl Dowden Interim City Manager /Director of Finance / V LaDonna Floyd City Clerk Corrie Zepeda Acting City Clerk Richard Hughes City Attorney Darrell Bush Police Chief Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager R. A. Nugent, Mayor _ Z 1C2" LaDonna loyd, City Clerk Date CITY OF NEDERLAND ORDINANCE NO. 2006 -13 AN ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND BY REPEALING SECS. 50.1 — 50.63 WHICH PROVIDES FOR FLOOD DAMAGE PREVENTION IN THE CITY OF NEDERLAND, TEXAS; BY ADDING NEW SECS. 50.1 — 50.64 PROVIDING IN ARTICLE 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS; PROVIDING IN ARTICLE 2 DEFINITIONS; PROVIDING IN ARTICLE 3 GENERAL PROVISIONS; PROVIDING IN ARTICLE 4 ADMINISTRATION; PROVIDING IN ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING IN ARTICLE 6 SEVERABILITY, REPEALING CLAUSE, PENALTIES AND ADOPTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has, in certain statutes, delegated the responsibility to local governmental units to adopt new regulations designed to minimize flood losses; and WHEREAS, the City of Nederland desires to repeal existing regulations and to adopt such new regulations; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article 1 through Article 6 of Chapter 50 (FLOODS) of the Code of Ordinances of the City of Nederland, Texas, is amended by repealing the existing Secs. 50.1 through 50.63. Section 2. That Chapter 50 (FLOODS) of the Code of Ordinances of the City of Nederland is amended by adding new Article I (Statutory Authorization, Findings of Fact, Purpose and Methods), Article 2 (Definitions), Article 3 (General Provisions), Article 4 (Administration), Article 5 (Provisions for Flood Hazard Reduction, and Article 6 (Severability, Repealing Clause, Penalties for Non - Compliance), to read as follows: ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION 50.1. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Nederland, Texas, does ordain as follows: SECTION 50.2. FINDINGS OF FACT (1) The flood hazard areas of the City of Nederland are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 275 (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION 50.3. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future 2 flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION 50.4. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development, which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTIONS 50.5 — 50.25 Reserved. ARTICLE 2 DEFINITIONS SECTION 50.26. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. 2 r t� ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1 percent annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR /AO, AR /AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate - making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR /A1 -30, AR /AE, AR /AO, AR /AH, AR /A, VO, V1 -30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, V1 430, or VE that indicates the water surface elevation resulting from the flood that has a 1 percent chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man -made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non - basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings. or columns. 277 EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood - related erosion hazards. ' FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and /or E. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area 27� within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those j constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. 2 `3 MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self - propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTIONS 50.27 — 50.29 Reserved. ARTICLE 3 GENERAL PROVISIONS SECTION 50.30. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of The City of Nederland. SECTION 50.31. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map (FIRM), Community Number, 485492 0005D dated June 3, 1991 and Community Number, 480385 0285C, dated November 20, 1991 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION 50.32. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION 50.33. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 2S11 SECTION 50.34. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 50.35. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION 50.36. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTIONS 50.37 — 50.39 Reserved ARTICLE 4 ADMINISTRATION SECTION 50.40. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Chief Building Official is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION 50.41. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 2S? (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Section 50.31, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. SECTION 50.42. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him /her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 50.51(2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with Section 50.41(1). (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; 283 (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. SECTION 50.43. VARIANCE PROCEDURES (1) The Zoning Board of Appeals, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Zoning Board of Appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Zoning Board of ' Appeals may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 50.42(2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section 50.3). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 10 284 (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (1) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Section 50.43 (1) -(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. SECTIONS 50.44 — 50.49 Reserved. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION 50.50. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, n.._.. -, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION 50.51. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 50.31, (ii) Section 50.41 (8), or (iii) Section 50.52 (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to at least one and one -half feet (1 1/2') above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator (1) prior to construction, (2) after the foundation has been poured, and (3) after the construction has been completed, before a certificate of occupancy is issued, stating that the standard of this subsection as proposed in Section 50.42(a), is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated at least one and one -half feet (1 %2') above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may 12 �Cl�l include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. ` (b) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one and one - half (1 1/2') feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) The lowest floor of the manufactured home is at least one and one -half feet (1 Y2') above base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. SECTION 50.52. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Section 50.2, Section 50.3 and Section 50.4 of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section 50.32, Section 50.42 and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 50.31 or Section 50.41 (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTIONS 50.53 — 50.59 Reserved. 1W ARTICLE 6 SEVERABILITY, REPEALING CLAUSE, PENALTIES FOR NON COMPLIANCE SECTION 50.60. SEVERABILITY If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 50.61. REPEALING CLAUSE Ordinance 2008 -04 and all ordinances or parts or ordinance in conflict with this ordinance are hereby repealed. SECTION 50.62. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Nederland City Council from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 50.63. CERTIFICATION OF ADOPTION The City Clerk shall certify a true and correct copy of this Ordinance as stated below. SECTION 50.64. EFFECTIVE DATE This Ordinance shall take effect and be in full force and effect from and after its passage and publication as required by law. PASSED, APPROVED AND ADOPTED this —&9-,,/day of EQ 2008. C-- R.A. gen ayor ATTEST: City of Nede land, Texas 11 LaDonna Floyd, City Clerk City of Nederland, Texas APPOVED AS TO FORM AND LEGALITY: Richard Hughes, C4ey Attorney City of Nederland, Texas CERTIFICATE OF ADOPTION I, the undersigned, , do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the City of Nederland City Council, at a regular meeting duly convened on 2008. Signature of Certifying Official SEAL 14 238 ORDINANCE NO. 2008-19 AN ORDINANCE AMENDING THE 2007 -08 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2007 -06 which adopted the 2007 -08 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 2007 -08 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2007, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2007 and ending September 30, 2008, 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 2007 -08 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 2007 -06 adopting the budget for 2007- 08; WHEREAS, the City Council finds that the budget for 2007 -08 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 2007 -08 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 SPECIAL MEETING THIS THE 29h DAY OF SEPTEMBER, A.D., 2008. R ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Att rney City of Nederland, Texas 239 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $713,910 and increase line items as detailed below: Increase 01 -13 -00 -6115 Extra Help 3,900 Increase 01 -13 -00 -6220 Miscellaneous Supplies 11,500 Increase 01 -13 -00 -6337 Advertising/Publication 3,500 Unanticipated costs for November and May elections. Increase 01 -13 -00 -6393 Contractual Services 19,500 Costs incurred for executive City Manager search. Increase 01 -51 -00 -6351 Fixed Plant & Equipment R & M 20,211 Tennis court lighting previously funded in prior fiscal year by the Federal Emergency Management Administration due to damage incurred during Hurricane Rita. Increase 01 -13 -00 -6111 Overtime 1,000 Increase 01 -15 -00 -6111 Overtime 5,200 Increase 01 -21 -00 -6111 Overtime 82,000 Increase 01 -22 -00 -6111 Overtime 50,000 Increase 01 -24 -00 -6111 Overtime 1,500 Increase 01 -30 -00 -6111 Overtime 6,000 Increase 01 -31 -00 -6111 Overtime 7,400 Increase 01 -51 -00 -6111 Overtime 3,000 Increase 01 -55 -00 -6111 Overtime 500 Increase 01 -13 -00 -6124 TMRS 200 Increase 01 -15 -00 -6124 TMRS 1,000 Increase 01 -21 -00 -6124 TMRS 14,500 Increase 01 -22 -00 -6124 TMRS 9,000 Increase 01 -24 -00 -6124 TMRS 300 Increase 01 -30 -00 -6124 TMRS Increase 01 -31 -00 -6124 TMRS 1,200 1,500 Increase 01 -51 -00 -6124 TMRS 600 Increase 01 -55 -00 -6124 TMRS 100 Increase 01 -13 -00 -6126 Social Security 100 Increase 01 -15 -00 -6126 Social Security 400 Increase 01 -21 -00 -6126 Social Security 6,500 Increase 01 -22 -00 -6126 Social Security 4,000 Increase 01 -24 -00 -6126 Social Security 200 Increase 01 -30 -00 -6126 Social Security 500 Increase 01 -31 -00 -6126 Social Security 600 Increase 01 -51 -00 -6126 Social Security 300 Increase 01 -55 -00 -6126 Social Security 100 Overtime and benefit costs incurred due to Hurricane Gustav and Hurricane Ike disasters expected to be reimbursed by the Federal Emergency Management Administration due to a presidential disaster declaration. Increase 01 -21 -00 -6222 Motor Vehicle Fuel 31,000 Increase 01 -21 -01 -6222 Motor Vehicle Fuel 2,800 Increase 01 -22 -00 -6222 Motor Vehicle Fuel 3,000 Increase 01 -24 -00 -6222 Motor Vehicle Fuel 600 Increase 01 -31 -00 -6222 Motor Vehicle Fuel 10,000 Increase 01 -32 -00 -6222 Motor Vehicle Fuel 900 Increase 01 -51 -00 -6222 Motor Vehicle Fuel 2,000 Unanticipated cost in fuel prices resulted in additional funds required for vehicle and equipment fuel. Increase 01 -22 -00 -6355 Vehicle & Equipment R & M 6,500 Replacement of backup repeater tower that was destroyed during Hurricane Rita. Increase 01 -24 -00 -6393 Contractual Services 25,000 Zoning ordinance revision contract approved by council. Increase 01 -51 -00 -6351 Fixed Plant & Equipment R & M 20,211 Tennis court lighting previously funded in prior fiscal year by the Federal Emergency Management Administration due to damage incurred during Hurricane Rita. 230 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A — continued Increase 01 -51 -00 -6350 Bldg/Structure Improvements 12,000 Increase 01 -51 -00 -6265 Supplies/Minor Tools & Equipment 23,799 City Council approved funds for park repairs to Doornbos Park, Rienstra Park, Homer Nagel Park and South 5" Street Park. Increase 01 -90 -00 -6406 Contingency 340,000 Port Security Grant matching funds for public safety equipment and facilities. WATER & SEWER FUND Amend Water and Sewer Fund by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $111,800 and increase line items as detailed below: Increase 50 -60 -00 -6111 Overtime 1,000 Increase 50 -61 -00 -6111 Overtime 2,700 Increase 50 -63 -00 -6111 Overtime 35,000 Increase 50 -60 -00 -6124 TMRS 200 Increase 50 -61 -00 -6124 TMRS 500 Increase 50 -63 -00 -6124 TMRS 6,000 Increase 50 -60-00 -6126 Social Security 100 Increase 50 -61 -00 -6126 Social Security 300 Increase 50 -63 -00 -6126 Social Security 3,000 Overtime costs incurred due to Hurricane Gustav and Hurricane Ike disasters expected to be reimbursed by the Federal Emergency Management Administration due to a presidential disaster declaration. Increase 50 -60 -00 -6222 Motor Vehicle Fuel 6,000 ' Increase 50 -61 -00 -6222 Motor Vehicle Fuel 2,000 Increase 50 -63 -00 -6222 Motor Vehicle Fuel 20,000 Unanticipated cost in fuel prices resulted in additional funds required for vehicle and equipment fuel. Increase 50 -61 -00 -6275 Water Meters & Boxes 35,000 Unanticipated costs to repair and replace meters. Most residential meters are still under warranty and will be repaired and returned, however, a significant amount of time is required to refurbish meters and therefore replacement meters were needed. SOLID WASTE FUND Amend Solid Waste Fund by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $67,300 and increase line items as detailed below: Increase 52 -33 -00 -6111 Overtime 13,000 Increase 52 -33 -00 -6124 TMRS 2,300 Increase 52 -33 -00 -6126 Social Security 1,000 Overtime costs incurred due to Hurricane Gustav and Hurricane Ike disasters expected to be reimbursed by the Federal Emergency Management Administration due to a presidential disaster declaration. Increase 52 -33-00 -6222 Motor Vehicle Fuel 30,000 Unanticipated cost in fuel prices resulted in additional funds required for vehicle and equipment fuel. Increase 52 -33 -00 -6397 Green Waste Disposal 21,000 Unanticipated cost for Hurricane Humberto debris disposal. Contracted with Novus Wood Group to chip and haul green waste. BUDGET ORDINANCE AMENDMENT — ATTACHMENT A — continued MCML DISPATCH FUND Amend MCML Dispatch Fund by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $35,200 and increase line items as detailed below: Increase 70 -21 -00 -6111 Overtime 28,000 Increase 70 -21 -00 -6124 TMRS 5,000 Increase 70 -21 -00 -6126 Social Security 2,200 Overtime costs incurred due to Hurricane Gustav and Hurricane Ike disasters expected to be reimbursed by the Federal Emergency Management Administration due to a presidential disaster declaration. 1 231 2J BUDGET ORDINANCE AMENDMENT — ATTACHMENT B GENERAL FUND Amend as follows: Increase 01 -00- 004700 Miscellaneous Revenue $ 4,855 Increase 01 -13 -00 -6220 Miscellaneous Supplies 4,855 Funds received from the Nederland Independent School District for general election costs. Increase 01 -00 -00 -4700 Miscellaneous Revenue 3,286 7,502 Increase 01 -21 -00 -6265 Supplies, Minor Tools & Equip. 3,286 4,500 Funds received from the Nederland Heritage Festival for purchase of four Police Department 3,002 tasers. and training. Increase 01 -00- 00-4700 Miscellaneous Revenue 3,000 3,002 Increase 01 -21 -00 -6265 Supplies, Minor Tools & Equip. 3,000 3,002 Funds received from the Nederland Heritage Festival for purchase of Police Department cameras and television. Increase 01 -00 -00 -4700 Miscellaneous Revenue 1,712 Increase 01 -21 -00 -6220 Miscellaneous Supplies 1,712 Funds received from NRS Foundation for Police Department alcohol breath testers and door spreaders. Increase 01 -00 -00 -4700 Miscellaneous Revenue 2,300 Increase 01 -21 -00 -6355 Vehicle & Equipment R & M 2,300 Insurance proceeds from a private insurance company for damage to a police vehicle. Increase 01 -00 -00 -4355 State Grant Funds 56,574 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 56,574 Grant funds received for 2006 Aid to Firefighters Grant to purchase radios, headsets, helmet ' communication devices, thermal imaging camera, and fire hose. Increase 01 -00 -00 -4700 Miscellaneous Revenue 2,960 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 2,960 Funds received from the Nederland Heritage Festival for purchase of Fire Department camera. Increase 01 -00- 00-4355 State Grant Funds 28,000 Increase 01 -22 -00 -6333 Training & Travel 28,000 Grant funds received for 2006 SHSP Grant for Fire Department Structural Collapse Training. Increase 01 -00- 00-4355 State Grant Funds 5,500 Increase 01.22 -00 -6355 Vehicle Equipment R & M 5,500 Grant funds received for 2006 SHSP Grant for Fire Department vehicle computer with installation. Increase 01 -00- 004700 Miscellaneous Revenue 742 Increase 01 -22 -00 -6333 Training & Travel 742 Grant funds received from Texas Comptroller of Public Accounts for Fire Department Law Enforcement training. Increase 01 -00 -00 -4700 Miscellaneous Revenue 7,502 Increase 01 -22 -00 -6333 Training & Travel 4,500 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 3,002 Funds received from Chevron for Fire Department Rescue Team equipment and training. Increase 01 -00 -00 -4700 Miscellaneous Revenue 3,002 Increase 01 -22 -00 -6265 Supplies, Minor Tools & Equip. 3,002 Funds received from Sunoco, Inc. for Fire Department Rescue Team equipment Increase 01 -00 -00 -4700 Miscellaneous Revenue 4,810 Increase 01 -31 -00 -6240 Signs, Signals & Markers 4,810 Funds received from Triangle Acquisitions for street signs and street lights in Lakes of Nederland Subdivision. BUDGET ORDINANCE AMENDMENT — ATTACHMENT B - continued POLICE NARCOTICS FUND Amend as follows: Increase 20 -00 -00 -4700 Miscellaneous Revenue 2,108 Increase 20 -21 -00 -6333 Training & Travel 2,108 Grant funds received from Texas Comptroller of Public Accounts for Police Department Law Enforcement training. WATER & SEWER FUND Amend as follows: Increase 50 -00 -00 -4890 Miscellaneous Revenue 1,906 Increase 50 -62 -00 -6351 Fixed Plant Equipment R & M 1,906 Funds received from TML -IRP for electrical damages at the Wastewater Plant due to Hurricane Humberto. SOLID WASTE FUND Amend as follows: Increase 52 -00 -00 -4890 Miscellaneous Revenue 6,350 Increase 52 -33 -00 -6264 Garbage Containers 6,350 Funds received from Triangle Acquisitions for garbage containers in Lakes of Nederland Subdivision. Increase 52 -00 -00 -4890 Miscellaneous Revenue 8,900 Increase 52 -33 -00 -6258 Motor Vehicle Supplies 8,900 Insurance proceeds from TML for several incidents involving City garbage and trash trucks. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. October 13, 2008 1. CALL MEETING TO ORDER 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 Tern Sawyer and seconded by Councilmember Griffin to approve the minutes of the September 29, 2008 special meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. PROCLAMATION Cindy Fertitta, Rape and Suicide Crisis Center of Southeast Texas, was presented a proclamation declaring October 2008 as "Domestic Violence Awareness Month" in Nederland. Ms. Fertitta thanked the Mayor and Council for their continued support. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve a proclamation declaring October 2008 as "Domestic Violence Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. 4. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Griffin to approve a payment to Allco, Inc. in the amount of $53,371.00, 2008 emergency sewer line replacement between Avenue L and Avenue M. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve payment of the bills for the month of September. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. Minutes continued, October 13, 2008 REQUEST Chris Duque, City Manager, stated that the City of Nederland received a request from Sabine Pass High School to allow their high school boys' basketball team to conduct practices at the Doornbos Park Recreation Center gymnasium and to waive the fees due to their facilities being destroyed by Hurricane Ike. A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve a request by Trey Harvey, representing Sabine Pass High School, to waive fees associated with renting the gymnasium to facilitate basketball practice for the boys' basketball team. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. 6. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to authorize the closure of the 1100 and 1200 blocks of Boston Avenue on October 31, 2008 from 5:00 p.m. to 8:00 p.m. for Boston Avenue Merchants Association Halloween activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. APPOINTMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to postpone the appointment of members to a Charter Review Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. S. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve Ordinance No. 2008 -20, approving the rates of Entergy Texas, Inc. contained in the non - unanimous settlement filed in Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. 9. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to approve an agreement for the Congestion Mitigation /Air Quality Project, advance funding agreement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. Minutes continued, October 13, 2008 A motion was made by Mayor Pro Tem Sawyer and seconded by Mayor Nugent to approve a contract with Allco, Inc. in the amount of $28,154.00 for sewer line replacement, and declaring an emergency. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. !,, A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to rescind an agreement with Marty Byrd to utilize the softball field at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to postpone approving a Memorandum of Understanding with the Texas Engineering Extension Service, Task Force One. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone the Executive Session, MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers. 11. COMMUNICTION Receive comments from Mayor and City Council. None. City Manager Report. 1. Hurricane Ike clean -up Mr. Duque reported that he, Cheryl Dowden, and Steve Hamilton, attended a meeting with FEMA and State representatives today to begin the Kick -Off Meetings for reimbursement for expenses associated with Hurricane Ike. Steve Hamilton, Director of Public Works, reported that as of October 13, 2008 the debris removal contractor has removed 47,000 c.y. from Nederland. FEMA has extended the deadline for 100% reimbursement to October 28tH The final pass by the contractor should be complete by that date. Mr. Duque added that a joint press release between the Cities of Nederland and Port Neches will be issued informing the citizens of the last day to have debris placed in front of their property for removal. Councilmember Griffin commended the Public Works and Parks Departments for the clean -up of Doornbos Park after Hurricane Ike. Councilmember Neal added that he had received many compliments from citizens regarding the City not turning off the water during the evacuation. Mr. Hamilton stated that the Water Treatment Plant employees made the decision to stay at the plant and keep it running throughout the entire evacuation period. Minutes continued, October 13, 2008 Mr. Duque reported that a contour map is now available in the Inspection Department offices. He also reported that a non- functioning street light survey has been completed by the Nederland Police Department and the list will be sent to Entergy. Don Pumphrey, Entergy, stated that they are currently working on street light restoration. 2. GFOA Award Mr. Duque commended the Cheryl Dowden and the Finance Department on once again receiving the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Griffin. Noes: None Absent: Councilmember Rogers, R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 2,q 238 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I Billy Neal Council Member - Ward II Debby Griffin Council Member - Ward III r Bert Rogers Council Member - Ward IV Chris Duque City Manager ,f LaDonna Floyd City Clerk Richard Hughes CitV Attorney_ Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works !� Rod Hatch Building Official I/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Corrie Ze eda Acting City Clerk R. A. Nugen ayor LaDonna Floyd, City Clerk /0- i 3. De Date CITY OF NEDERLAND ORDINANCE NO. 2008 -20 AN ORDINANCE BY THE CITY OF NEDERLAND, TEXAS ( "CITY ") APPROVING THE RATES OF ENTERGY TEXAS INC. CONTAINED IN THE NON - UNANIMOUS SETTLEMENT FILED IN ENTERGY TEXAS, INC.'S RATE PROCEEDING INITIATED ON SEPTEMBER 26, 2007; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about September 26, 2007 Entergy Texas, Inc. (ETI) filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase to its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, the City of Nederland suspended the effective date of ETI's rates within its jurisdictional limits until at least September 29, 2008, and WHEREAS, on August 19, 2008 ETI agreed to extend the effective date until October 24, 2008, and, WHEREAS, on or about September 26, 2007 ETI also filed an application with the Public Utility Commission of Texas to increase electric rates in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase in its miscellaneous service schedules resulting in a $112 million increase to customers; and WHEREAS, City has intervened at the Public Utility Commission with various other cities to review the rates, operations and services of an electric utility pursuant to their authority under the Public Utility Regulatory Act §33.025; and WHEREAS, on or about May 13, 2008 the Community Associations of the Woodlands, Texas ( "CATW "), Entergy Texas, Inc. ( "ETI" or "the Company "), the Kroger Co. ( "Kroger "), Office of Public Utility Counsel ( "OPC "), Texas Legal Service Center ( "TLSC "), Texas Ratepayers Organization to Save Energy ( "Texas ROSE "), and Wal- Mart Texas Stores, LP ( "Wal- Mart") entered into a settlement with ETI and the Entergy Service Area Cities' Steering Committee recommended the approval of the terms of settlement to the Cities, and, WHEREAS, the settlement represents a substantial reduction to ETI's original $112 million annual requested increase by authorizing a first year increase of $7,650,962 (0.55 %) and a total increase in year two of $29,148,281 (2.08%) and spreads the base rate increase to all customer classes (see Exhibit A); and, WHEREAS, the merits and the reasonableness of the proposed rate settlement has been reviewed and approved by three Administrative Law Judges ( "ALJs ") at the State Office of Administrative Hearings ( "SOAH ") and the ALJs concluded that the settlement is reasonable and in the public interest; and WHEREAS, Cities rate consultants and attorney retained to review this matter have all recommended approval of the settlement agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance is hereby in all things approved and adopted. Section 2. The City of Nederland hereby approves the rates established in ETI's Non - Unanimous Stipulation filed in PUC Docket No. 34800. 239 3 Section 3. ETI is ordered to file with the City Secretary Tariffs consistent with the settlement attached to this ordinance as Exhibit A. 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 by the City Council of the City of Nederland this the 13th day of October , 2008. R. A. Nugen ayor City of Ned efland, Texas ATTEST: C r' M LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attty rney City of Nederland, Texas 3' i i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. October 27, 2008 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 Sawyer and seconded by Councilmember Rogers to approve the minutes of the October 13, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 3. APPOINTMENTS Chris Duque, City Manager, asked that Council postpone the item to appoint Larry Ducharme to the Civil Service Commission. He stated that in accordance with L.G.C. 143.006(c)5 "a person appointed to the Commission must not have held a public office within the preceding three years ". Mr. Ducharme served on the Nederland Economic Development Corporation Board until 2007, therefore, he would be ineligible to serve on the Commission. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone appointing Larry Ducharme to fill an unexpired term on the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to appoint the following individuals to the Charter Review Commission: Nick Phillips, Jim McNeill, Larry Ducharme, Craig Belaire, Kevin Otto, Marty Byrd, and Judy Radcliff. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to authorize the installation of a street light at 1818 - 27"' Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. Minutes continued, October 27, 2008 BIDS /PURCHASES A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to authorize the purchase of a Gradall XL 3100 through HGAC, not to exceed $248,000, for the Street Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to reject all bids received for water inventory items and to authorize the re -bid of these items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 6. POLICIES/ PROCEDURES Chris Duque, City Manager, explained that the Federal Trade Commission has mandated that all utilities adopt an Identity Theft Prevention Program by November 1, 2008. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve Resolution No. 2008 -10, Identify Theft Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve revisions to the Purchasing Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. DEVELOPMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the preliminary plat of the Sterling Ridge subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. S. CONTRACTS /AGREEMENTS Chris Duque, City Manager, reported that Firefighter Greg Sterling has been offered the opportunity to participate in Texas Task Force 1, which functions as a federal team under FEMA's national urban search and rescue program and as Texas' only statewide urban search and rescue team under direction of the Governor's Division of Emergency Management, Texas Task Force 1 also coordinates the state's water rescue program. It is an honor to have a local firefighter as a member of the task force. Minutes continued, October 27, 2008 A motion was made by Councilmember Neal and seconded by Mayor Nugent to approve a Memorandum of Understanding with the Texas Engineering Extension Service, Task Force One. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 9. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a payment to Schaumburg & Polk, Inc. in the amount of $4,356.50, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. 10. EXECUTIVE SESSION The regular meeting was recessed at 6:25 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 — pipeline agreement; and, Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; Lower Neches Valley Authority contract; and consultation with City Attorney. 11. RECONVENE The regular meeting was reconvened at 7:15 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 12. COMMUNICATION City Manager Report: 1. Hurricane Ike clean -up Mr. Duque reported that the debris removal has been completed and the City will begin normal schedules next week. Reimbursement from FEMA should be at 100 %. He added that the City will also seek hazard mitigation for City facilities through FEMA. 2. Employee Appreciation Dinner Mr. Duque announced that the annual Employee Appreciation Dinner sponsored by the Nederland Knights of Columbus will be held on Tuesday, November 11th, at the KC Hall on Hardy Avenue. 3. TML Conference Mr. Duque will be at the annual TML Conference in San Antonio October 29 -31. 4, Christmas Celebration Mr. Duque informed Council that he is working with the Nederland Economic Development Corporation to get businesses and civic organizations to sponsor a small Christmas celebration on Boston Avenue with a Christmas tree lighting ceremony and various activities. 9 4 Minutes continued, October 27, 2005 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:23 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and Rogers. Noes: None. Absent: Councilmember Griffin. ATTEST: ��o'�vti _cal LaDonna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas t] 3 1 ") CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I L/ Billy Neal Council Member - Ward II / Debby Griffin Council Member - Ward III Bert Rogers Council Member - Ward IV >/ Chris Duque City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney I/ Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works / ✓ Rod Hatch Building Official Victoria Klehn Librarian V Kelly Galloway Assistant to the City Manager Corrie Ze eda Acting City Clerk R. A. Nugent, Mayor aC:�ea"Q ) LaDonna Floyd, City Clerk /0 -;2j -Q2 Date 306 CITY OF NEDERLAND RESOLUTION NO. 2008 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ADOPTING A WRITTEN IDENTITY THEFT PROGRAM POLICY AND AUTHORIZING THE CITY MANAGER TO APPROVE CHANGES IN THE POLICY. WHEREAS, the Federal Trade Commission (FTC) recently adopted rules on identity theft "red flags ", or warning signs, pursuant to the Fair and Accurate Credit Transactions (FACT) Act of 2003; and WHEREAS, the new rules, which require action by November 1, 2008, require any business with a "covered account' to adopt and Implement an identity theft program; and WHEREAS, a "covered account' is one where an entity, such as a municipal water utility, provides a service or good before the consumer pays for it; and WHEREAS, a city with such accounts must adopt a program by November 1, 2008 that "red flags" relevant identity theft, provides detection of the "red flags ", provides appropriate responses for any "red flags" detected, and ensures the program is updated periodically to address changing risks; and WHEREAS, the City of Nederland services such water utility customers and, therefore, falls within this federal mandate; and WHEREAS, the City Council of the City of Nederland wishes to be proactive I and adopt an Identity Theft Program Policy that will be in compliance with the criteria set forth by the FTC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND to adopt the Identity Theft Program Policy that is in compliance with federal law and is attached to this resolution as Exhibit "A ". This resolution shall be effective immediately upon its adoption on this 27th day of October, 2008. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attoriky City of Nederland, Texas CITY OF NEDERLAND, TEXAS Identity Theft Program /Policy "Red Flags Rules" I. Purpose To ensure the City of Nederland has a program in place to identify, detect, prevent, diminish, and respond to identity theft in connection with the opening of water accounts, and to establish written procedures for security and storing of personal information, pursuant to the Identity Theft Red Flags Regulation implemented pursuant to Section 114 of the Fair and Accurate Credit Transactions (FACT) Act of 2008, to be effective on November 1, 2008. II. Application This policy applies to all City employees and service providers that have access to personal information for customers of the Utility Billing Department, regardless of medium. III. Definitions Identity Theft: A fraud committed using the identifying information of another person. Red Flags: A pattern, practice, or specific activity that indicates the possible risk of identity theft. Identifying Information: Any name or number that may be used alone or with any other information to identify a specific person (includes name, social security number, date of birth, alien registration number, government passport, and employer /tax identification number). IV. Policy A. Red Flags Alerts When opening new accounts, staff needs to carefully scrutinize documents submitted for identification or proof of residency for red flags such as: 1. Documents provided for identification appear to be altered or forged. 2. The photograph or physical description on the identification is not consistent with the appearance of the customer requesting service. 3. Other information on the identification is not consistent with information provided by the person requesting service. 4. Other information is not consistent with information that is on file (i.e. previous application submitted with driver's license). 5. Lease or deed submitted for proof of residency appears to be altered or forged. 6. Personal information submitted is associated with known fraudulent activity. 7. The social security number submitted is the same as another customer's. 8. Notification of a chargeback received from the bank. ,� .I r• ,3;-1 )ti 9. New account requested immediately after disconnection for non- payment. New Account Activation 1. To ensure proper identification verification, effective November 1, 2008, all request for new service must be completed in person. 2. Applicants must show a government issued photo ID (or two forms of picture identification) in person to initiate service. 3. Applications may be submitted by fax, e-mail, or mail, but will not be processed until proper identification verification is completed in person. 4. Applications must be completed by the person seeking to open an account. The name on the application must match the submitted identification and lease agreement /deed. 5. The City reserves the right to refuse service in the event of inability to provide sufficient identification. C. Credit Card Transactions The City accepts credit card payments via service vendor Official Payments. Customers paying with a credit card in person must show valid identification that matches the name and /or address on the credit card. D. Data Security and Storage 1. Employees are required to maintain a high level of confidentiality as it relates to utility customer's personal information. Release of information is limited to the account holder(s) or as permitted by law. Customers are given the opportunity to indicate if they wish their account information to be kept confidential. 2. Access into the billing system requires a user name assigned by the System Administrator. The system will permit three (3) sign on attempts and then will temporarily disable the password. Upon termination, employee passwords are immediately disabled. 3. Disclosure of personal information. Personal information is, or could be, used as a means of identification, for internal verification, or administration purposes, credit checks, and for debt collection purposes. Information submitted to the city's debt collection agency is on file in the Utility Billing office. 4. Data Storage. Hard copy information is stored in filing cabinets in the Utility Billing Office. Cash receipt information is stored in the locked vault. E. Data Retention /Access Records are disposed of in accordance with state and federal law including the local records retention schedule issued by the Texas State Library and Archives Commission and City Code. All City records are subject to the Texas Public Information Act. Requests for information that falls within confidentiality conditions are forwarded to the Attorney General's office for an official ruling for the information to be withheld. F. Identity Theft Notification A zero tolerance policy is in effect for all fraudulent transactions pertaining to the Utility Billing Department. Once written notification and verification is received of fraudulent activity from a customer, banking institution, and /or collection agency, the Utility Billing Department will (1) proceed with notating and taking corrective actions on the account, (2) gather all pertinent information that is available, and (3) immediately contact the City of Nederland Police Department to initiate a criminal investigation. G. Periodic Review and Reporting The Finance Director will conduct an annual review of the current policy and report any fraudulent activity to the City Manager. The City Manager will approve any recommended changes in policy. I r � � 3 E +J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. November 10, 2008 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 Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the October 27, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve Resolution No. 2008 -11, approving the 2008 tax roll as certified by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. FINANCE — INVESTMENT REPORTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to accept the Quarterly Investment Report for the quarter ending September 30, 2008 as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to accept the Annual Investment Report for FY 2007 -2008 as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to accept the Tax Collector Report for October 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, November 10, 2008 STORM WATER MANAGEMENT A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the Storm Water Management Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. REQUEST A motion was made by Mayor Nugent and seconded by Councilmember Griffin to postpone the request from the Nederland Little Dribblers to utilize the Nederland Recreation Center gym and to waive rental fees. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to amend the above motion to approve the request from the Nederland Little Dribblers to utilize the Nederland Recreation Center gym and to waive rental fees contingent upon their providing proof of non - profit status. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve a request from the Jefferson County Juniors Volleyball Club to utilize the Nederland Recreation gym on November 15, 2008 from ML 2:00 p.m. until 4:00 p.m. for club tryouts and to waive rental fees contingent upon their providing proof of non - profit status. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. PERSONNEL POLICY A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve amending the days City employees will observe the 2008 Christmas Holidays from December 24th and 25th to December 25th and 26th. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve the payment of the bills for the month of October. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 1A Minutes continued, November 10, 2008 9. 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 Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. COMMUNICATION City Manager Report: 1. Hurricane Ike - FEMA Mr. Duque reported that FEMA conducted the kick -off meeting at City Hall last Tuesday and they indicated that the City's paperwork is in order. He also attended a meeting last Friday with FEMA representatives and local officials affected by Hurricane Ike. FEMA was made aware of various problems this area is experiencing with regard to hurricane recovery. Mayor Pro Tern Sawyer suggested that in approximately six months City staff should take an inventory of residential and business structures to determine who has not begun hurricane repairs or clean -up of debris. 2. Employee Appreciation Dinner Mr. Duque reminded Council that the annual Employee Appreciation Dinner sponsored by the Nederland Knights of Columbus will be held on Tuesday, November 11th, at the KC Hall on Hardy Avenue. 3. Breast Cancer Screening Luncheon Mr. Duque reported that a Breast Cancer Screening Luncheon for the female employees and spouses of male employees will be held on Friday, November 14th, from 12:00 p.m. until 1:00 p.m. at the library. 11. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: c�� �, Oa, 4 c LaDonna Floyd, City City of Nederland, Texas 11' 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member -Ward II ✓ Debby Griffin Council Member -Ward III Bert Rogers Council Member - Ward IV ✓ Chris Duque City Manager r/ LaDonna Floyd City Clerk ✓ Richard Hughes City Attorney(✓ Cheryl Dowden Director of Finance 1� Darrell Bush Police Chief I� Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Corrie Ze eda Acting City Clerk I✓ R. A. Nugent, or I � 1 4-" � �a, C., I --a-Wri LaDonna Floyd, City Clerk 1f' ip- ag Date 314 P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550. Investment Report For the Quarter Ending September 30, 2008 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 Officer of the City of Nederland ' J Cheryl bowden, Director of Finance "Programmed for Progress" R.A. "Dick" Nugent, Mayor Robert Sawyer, Mayor Pro Tern Billy Neal, Councilmember City of Nederland Debby Griffin, Councilmember Bert Rogers, Councilmember Christopher Duque, City Manager. P.O. Box 967 • Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550. Investment Report For the Quarter Ending September 30, 2008 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 Officer of the City of Nederland ' J Cheryl bowden, Director of Finance "Programmed for Progress" 1 I 315 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2008 Investments at Beginning of Period (7 -1 -08) $ 4,435,831.88 Purchases 28,063.34 Maturities 0.00 Investments at End of Period (9- 30 -08) $ 4,463,895.22 Maturity Summary at September 30, 2008 ❑ Less than 3 months ❑ 9 to 12 months - G General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Solid Waste Fund Police Narcotics Fund Bond Redemption Fund City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2008 Balance Balance 07/01/2008 Purchases Maturities 09/30/2008 $ 3,280,036.49 $ 19,156.05 $ 3,299,192.54 31,894.08 127.85 32,021.93 987,032.11 5,764.48 992,796.59 11,999.49 70.03 12,069.52 806.56 2,220.40 3,026.96 46,396.42 270.94 46,667.36 77,666.73 453.59 78,120.32 $ 4,435,831.88 $ 28,063.34 $ - $ 4,463,895.22 Fund Allocation at September 30, 2008 Other 1.06 %� Police Narcotics Fund 1.05% Bond Redemption Fund 1.75% Water & Sewer Fund 22.24% General Fund 73.91% ,I LJI 1 3 .l Investment Report Schedule Investments for the Quarter ended September 30, 2008 CERTIFICATES OF DEPOSIT Interest Earned for Certificate Purchase Maturity Days to Interest Quarter ended Number Date Date be held Rate Face Amount September 30, 2008 Held at September 30, 2008 Library Special Fund 1481085106 01/04/08 12/31/08 362 3.59% 10,000.00 $ 60.44 Total Interest Earned on CDs for the quarter ended September 30, 2008 $ 60.44 Total Certificates of Deposit held at September 30, 2008 $ 10,000.00 C C 315 1 1 Investment Report Schedule Investments for the Quarter ended September 30, 2008 INVESTMENT POOL - TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/08 09/30/08 1 2.31% $ 3,280,036.49 $ 19,156.05 $ 3,299,192.54 Water &Sewer 07/01/08 09/30/08 1 2.31% 987,032.11 5,764.48 992,796.59 Bond Redemption Fund 07/01/08 09/30/08 1 2.31% 77,666.73 453.59 78,120.32 Motel Occupancy Tax Fund 07/01/08 09/30/08 1 2.31% 11,999.49 70.03 12,069.52 Library Special 07/01/08 09/30/08 1 2.31% 21,894.08 127.85 22,021.93 Solid Waste Fund 07/01/08 09/30/08 1 2.31% 806.56 2,220.40 3,026.96 Police Narcotic Fund 07/01/08 09/30/08 1 2.31% 46,396.42 270.94 46,667.36 Totals for TEXPOOL Investments $ 4,425,831.88 $ 28,06334 $ 4,453,895.22 1 1 J 1 Investment Report Schedule Investments for the Quarter ended September 30, 2008 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate September 30, 2008 Bond Redemption Fund 07/01/08 09/30/08 1 1.98% $ 207.87 Capital Outlay Fund 07/01/08 09/30/08 1 1.98% 7,505.55 Court Technology Fund 07/01/08 09/30/08 1 1.98% 16.08 Equipment Replacement Funds 07/01/08 09/30/08 1 1.98% 9,064.66 General Fund 07/01/08 09/30/08 1 1.98% 5,921.00 Library Special Fund 07/01/08 09/30/08 1 1.98% 75.10 MCML Dispatch 07/01/08 09/30/08 1 1.98% 1,122.53 Motel Occupancy Tax Fund 07/01/08 09/30/08 1 1.98% 33.59 Parks & Recreation Special Fund 07/01/08 09/30/08 1 1.98% 4.20 Police Narcotic Fund 07/01/08 09/30/08 1 1.98% 723.33 Solid Waste Fund 07/01/08 09/30/08 1 1.98% 2,137.57 Street Improvement Fund 07/01/08 09/30/08 1 1.98% 521.77 SRF Construction & Escrow Funds. 07/01/08 09/30/08 1 1.98% 894.12 SSES Fund 07/01/08 09/30/08 1 1.98% 1,344.69 Wastewater Construction Fund 07/01/08 09/30/08 1 1.98% 6,071.96 W & S Certificate Fund 07/01/08 09/30/08 1 1.98% 285.18 Water & Sewer Fund 07/01/08 09/30/08 1 1.98% 1,811.84 $ 37,741.04 319 3 0 Investment Report Schedule September 30, 2008 Interest Earnings for Quarter Ended September 30, 2008 Bond Redemption Fund $ 661.46 Capital Outllay Fund 7,505.55 Court Technology Fund 16.08 Equipment Replacement Funds 9,064.66 General Fund 25,077.05 Library Special Fund 263.39 MCML Dispatch 1,122.53 Motel Occupancy Tax Fund 103.62 Parks & Recreation Special Fund 4.20 Police Narcotic Account 994.27 Solid Waste Fund 4,357.97 Street Improvement Fund 521.77 SRF Escrow & Construction Funds 894.12 SSES Fund 1,344.69 Wastewater Construction Fund 6,071.96 ' W & S Certificate Fund 285.18 Water & Sewer Fund 7.576.32 $ 65,864.82 D 321 CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2008 Fund Interest Earned Fiscal Year Ended 9/30/05 Interest Earned Interest Earned Interest Earned Fiscal Year Fiscal Year Fiscal Year Ended 9/30/06 Ended 9/30/07 Ended 9/30/08 SRF Fund $5,924.96 $9,826.07 $9,770.34 $4,666.35 Bond Redemption Fund 2,574.53 4,837.45 5,739.77 3,465.20 Capital Outlay Fund 10.12 18.19 1.88 7,505.55 Court Technology Fund 21.70 53.41 106.71 86.01 Drainage Construction Fund 7,905.36 2,753.04 0.00 0.00 Equipment Replacement Fund 4,830.27 9,002.62 17,140.32 22,692.91 General Fund 149,315.66 284,877.87 379,022.91 183,097.22 Hotel/Motel Occupancy Tax Fund 347.99 598.39 740.07 511.15 Library Special Fund 1,232.60 2,152.64 2,713.60 1,833.45 Mid County Dispatch 16.95 43.28 3,369.41 4,711.03 Parks & Recreation Special Fund 145.91 132.51 31.32 22.41 Police Narcotic Fund 2,147.45 6,667.35 7,710.01 5,251.55 SSES Fund 5,415.30 9,065.56 9,666.45 8,114.38 Solid Waste Fund 9,034.77 18,450.92 27,225.80 22,497.16 Street Improvement Fund 0.00 0.00 0.00 521.77 W & S Certificate Fund 1,022.99 2,146.79 2,539.22 1,475.58 Water Meter Project Fund 12,393.57 239.55 0.00 0.00 Wastewater Construction Fund 10,362.66 11,034.26 9,149.11 6,071.96 Water & Sewer Fund 34,834.69 61,642.61 71,448.13 36,933.71 $247,537.48 $423,542.51 $546,375.05 $309,457.39 1 Jul CITY OF NEDERLAND INVESTMENT INTEREST RATES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2008 Interest Rates October 07 - September 08 5.00% 4.00% m Texpool m 3.00% —f— Demand m Deposits a 2.00% 1.00% ,00"A'acJaclA ac�AO�a �c\pe �a1A0 c.0 �J�aA0PJ9Jy�A�a��`p0 CP Q 5aQ 1 1 Demand Texpool Deposits October -07 4.9280% 4.4355% November -07 4.7144% 4.2605% December -07 4.5565% 3.7639% January-08 4.2460% 3.3592% February-08 3.4374% 2.3470% March -08 2.9723% 1.1886% April -08 2.4471% 1.4464% May -08 2.2812% 1.7300% June -08 2.2635% 2.1442% July -08 2.2460% 2.0076% August -08 2.2878% 1.9177% September -08 2.4068% 1.8969% Interest Rates October 07 - September 08 5.00% 4.00% m Texpool m 3.00% —f— Demand m Deposits a 2.00% 1.00% ,00"A'acJaclA ac�AO�a �c\pe �a1A0 c.0 �J�aA0PJ9Jy�A�a��`p0 CP Q 5aQ 1 1 323 CITY OF NEDERLAND INVESTMENT INTEREST EARNED FOR FISCAL YEAR ENDED SEPTEMBER 30, 2008 1 CERTIFICATES DEMAND OF DEPOSIT TEXPOOL DEPOSITS TOTAL Bond Redemption Fund $2,489.11 $976.09 $3,465.20 Capital Outlay Fund 7,505.55 7,505.55 Court Technology Fund 86.01 86.01 Equipment Replacement Funds 22,692.91 22,692.91 General Fund 105,121.12 77,976.10 183,097.22 Library Special Fund 354.25 701.71 777.49 1,833.45 Mid County Dispatch 4,711.03 4,711.03 Motel Occupancy Tax Fund 384.51 126.64 511.15 Parks & Recreation Special Fund 22.41 22.41 Police Narcotic Fund 1,486.96 3,764.59 5,251.55 Solid Waste Fund 2,241.63 20,255.53 22,497.16 ' Street Improvement Fund 521.77 521.77 SRF Fund 4,666.35 4,666.35 SSES Fund 8,114.38 8,114.38 W & S Certificate Fund 1,475.58 1,475.58 Wastewater Construction Fund 6,071.96 6,071.96 Water & Sewer Fund 31,633.16 5,300.55 36,933.71 $354.25 $144,058.20 $165,044.94 $309,457.39 1 324 MIRIAM K. JOHNSON TAX ASSESSOR- COLLECTOR SUSIE JAMES JEFFERSON COUNTY COURTHOUSE SYLVIA E. MYERS CHIEF DEPUTY P. O. BOX 2112 BEAUMONT, TEXAS 77704 CHIEF OPERATIONS MGR. 409- 835 -8516 FAX 409 -835 -8589 STATE OF TEXAS COUNTY OF JEFFERSON I, Miriam K. Johnson, the Tax Assessor - Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor - Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $38,831.06, represents all taxes collected for CITY OF NEDERLAND during the month of October 2008. Miriam K. 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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 2008 tax roll. PASSED AND APPROVED this the Oth day of November, 2008. ATTEST: r--� LLaDoana ity Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 16-card-6Xug es, Attorney City of Nederland, Texas R. A. ge Mayor City of Ne rland, Texas D 1 1 1 3?9 D p m no o .- C �z Ab DOyy MT C # C �Y n� NOm OtI' m bpw yyyyYyye� yO yyymMm< A �!C O my �j� m'so � H O �' SS OR1T 9HH Z�Z�2Z L i+, �„ Gan YtniN yyyy a❑❑ b b •, bK <h1 z.! .. NyiH VJmmMr m v�',cx o00o M r'nZ N C Z n nm m m M mN m000 o m oo �o m menu � m w w oo �N «a. -oovm �a m n 0 Z O 'O 'a A y . 0 0 <m<Wm `mry` y3 0 gay, y b xm mm Lxn,xf mm z pmgmmm vqmv D {m ZI�Zy yyZ m0yy •• V }3'�y�n.y Pyl O COPOt�I �Cy.'3Z .7.•� O c. 3�3j y� O ,,,,CZ Z b RI m 2 K rY fA 0 O q oo °o M m �Ni r � d yq on my N.•pii O r .. .. Nlml�m Z m O N O NNOO p O T o0 J w m m 0 O O o m C 3 3 b F K D p m 334 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. November 24, 2008 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 Neal and seconded by Mayor Pro Tern Sawyer to approve the minutes of the November 10, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. STREET CLOSURE A motion was made by Councilmember Rogers and seconded by Councilmember Sawyer to approve a request from the Boston Avenue Merchants Association to close Boston Avenue from 13th Street to 14th Street, December 6, 2008 from 5:00 - 10:00 p.m. to show a movie in the bank parking lot. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Neal to approve a request from City staff to close Boston Avenue from 14th Street to 15th Street from 10:00a.m. - 3:00 p.m. for the North Pole event at City Hall. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. RESOLUTION A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Resolution No. 2008 -12, CDBG Hurricane Rita Disaster Grant, adding Chris Duque as a signatory. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. FINANCE - BUDGET A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -21, amending the FY 08 -09 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, November 24, 2008 PURCHASE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the purchase of a Caterpillar 420E Backhoe Loader via Buyboard, HGAC, or any state approved contract in the amount of $84,926. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. CONTRACTS /AGREEMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve an agreement with DRC to utilize the closed landfill to stage limbs and other debris from Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. S. APPOINTMENT A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to approve the appointment of Jimmy Newsome to fill an unexpired term on the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. EXECUTIVE SESSION The regular meeting was recessed at 6:20 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 - pipeline agreement; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Service, Inc.; and LNVA contract; and consultation with City Attorney - Aqua Texas contract. 10. RECONVENE The regular meeting was reconvened at 7:25 p.m. by Mayor Nugent. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a pipeline agreement with Oil Tanking, Inc. contingent upon approval by Oil Tanking Inc. and an arbitrary deadline of 60 days. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 331 Minutes continued, November 24, 2008 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a water supply and sales agreement by and between the City of Nederland and Aqua Utilities, Inc. d /b /a Aqua Texas, Inc. contingent upon approval by Aqua Texas, Inc. and an arbitrary deadline of 30 days. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. COMMUNICATION City Manager Report: 1. Hurricane Ike - FEMA Mr. Duque reported that he attended a meeting in Orange with FEMA and other local officials to discuss the issues that needed to be addressed in the event of another disaster. He also noted that he and staff are preparing information for the Hazard Mitigation Grant process as well. 2. City offices will be closed November 27 - 28, 2008 in observance of the Thanksgiving Holidays. Mr. Duque reminded Council that City offices would be closed Thursday and Friday, November 27 -28, in observance of the Thanksgiving Holiday and that trash service would resume on Friday. 3. Christmas Event "North Pole" at City Hall, December 6, 2008 from 11:00 a.m. - 2:00 p.m. Mr. Duque reminded Council that there was a flyer attached to their agenda regarding the North Pole event. He also reminded Council of the Library's 75`h Celebration that will be held December 8. The lighted Christmas parade will be December 9. He also reported to Council that there will be a Charter Review Commission follow up meeting on December 4 at 3:00 p.m. Mr. Duque informed Council about the Feast of Sharing and asked if anyone would like to volunteer. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 7:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. ATTEST: C Z� Corrie Zepeda, Acting City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas 1 fl CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member — Ward I Billy Neal Council Member — Ward If Debby Griffin Council Member — Ward III Bert Rogers Council Member — Ward IV Chris Duque City Manager ✓ LaDonna Floyd City Clerk Richard Hughes City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Mana ger ✓ Corrie Ze eda Acting City Clerk ✓ A. ug Mayor Cz�4.,La LaDonna Floyd, City Clerk I �i-Q� Date 334 CITY OF NEDERLAND RESOLUTION NO. 2008-12 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 generators for the Fire Station and water facilities, 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: 1. STATE OF TEXAS PURCHASE VOUCHER a. Chris Duque, City Manager b. LaDonna Floyd, City Clerk 2. REQUEST FOR PAYMENT a. Chris Duque, City Manger b. LaDonna Floyd, City Clerk PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this the a +' day of ti0ytr11-bC -r , 2008. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, Cit Attorney City of Nederland, Texas R. A. Nugen Mayor City of Nederland, Texas 335 ORDINANCE NO. 2008-21 AN ORDINANCE AMENDING THE 2008 -09 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2008 -15 which adopted the 2008 -09 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the 2008 -09 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2008, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2008 and ending September 30, 2009, 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 2008 -09 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 2008 -15 adopting the budget for 2008- 09; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the 2008 -09 fiscal year is amended to allow for increases in I expenditures as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 24th DAY OF NOVEMBER, A.D., 2008. �r R. A. Nuge Mayor City of Nederland, Texas ATTEST: LaDorma Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attomey City of Nederland, Texas BUDGET ORDINANCE AMENDMENT — ATTACHMENT A EQUIPMENT REPLACEMENT FUND -WATER & SEWER Amend Equipment Replacement Fund -Water & Sewer by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $90,000 and increase line item as detailed below: Increase 36 -00 -00 -6742 Motor Vehicles $90,000 Designate funds for unanticipated replacement of 1992 Caterpillar 426. 1 1 REGUALR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 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 Neal and seconded by Councilmember Rogers to approve the minutes of the November 24, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 3. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a payment to Schaumburg & Polk, Inc. in the amount of $11,722.50, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve the payment of the bills for the month of November. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 4. TAX COLLECTOR REPORT A motion was made by Councilmember Griffin and seconded by Councilmember Neal to accept the Tax Collector Report for November 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 5. POLICIES /PROCEDURES A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to continue the existing Investment Policy but change City Treasurer to Director of Finance throughout the policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 333 Minutes continued, December 8, 2008 6. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve an interagency agreement between the Nederland Police Department and the Jefferson County Sheriff's Office, Narcotics Task Force contingent upon final approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve a contract with the Jefferson County Peace Officers' Association, use of old landfill site for shooting range. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to approve a contract with Mid County Building Corporation, use of the old City Hall, 908 Boston Avenue, as a meeting place for Alcoholics Anonymous, Narcotics Anonymous, AI -Anon, Alateen, and other similar 12 -step program groups. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a contract with Jefferson County Amateur Radio Club, use of City owned buildings at 923 Boston Avenue and 216 - 10`h Street, to be used as a meeting place for members. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 7. ORDINANCE A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve an Amendment to Ordinance No. 107, allowing for the placement of a 3 -way stop at the intersection of South 6th Street and Avenue D. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. S. REQUESTS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Sawyer to deny the request of Dr. Rao - Kothapalli to waive the fees for the installation of sewer taps at the Lakes of Nederland subdivision. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. 3.13 . Minutes continued, December 8, 2008 EXECUTIVE SESSION The regular meeting was recessed at 3:25 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.; LNVA contract; and, Aqua Texas contract. 10. RECONVENE The regular meeting was reconvened at 4:00 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 11. COMMUNICATION City Manager Report: 1. Hurricane Ike - FEMA Mr. Duque reported that he will present potential mitigation projects at the next meeting. He also reported that he and City staff will meet with ORCA on Thursday, December 11th, to discuss disaster grant funding that will be available. 2. TCEQ 2008 Public Drinking Water Recognition Program Mr. Duque reported that the City of Nederland was awarded the 2008 Public Drinking Water Recognition. Robert Sangster, Water Treatment Plant Supervisor, explained that in order to receive this award a public water system must have no Total Coliform Rule violations and must be an active public water system for sixty consecutive months. He thanked his employees for the excellent job they have done in treating the water. Mayor Nugent congratulated the employees for receiving this honor and for keeping the plant operating during Hurricane Ike. He was proud that Nederland was the only area city that did not have to issue a boil water notice during the disaster. 3. Library - 75th Anniversary Mr. Duque reminded Council that tonight is the 75th Anniversary celebration at the library. 4. Feast of Sharing - 3 employees volunteered for Friday, December 12th Mr. Duque announced that he and two other employees have volunteered to work at the Feast of Sharing at Ford Park on Friday, December 12tH 5. Christmas Parade Mr. Duque announced that the Christmas Parade scheduled for Tuesday, December 9th, has been changed to Thursday, December 11th, due to the prediction of bad weather. 6. North Pole at City Hall Mr. Duque reported that the Christmas celebration conducted at City Hall on Saturday, December 6th, was a great success. He thanked Corrie Zepeda, Angela Fanette, and Parks Department staff for planning and volunteering of their time in organizing the activities for the children. 340 Minutes continued, December 8, 2008 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:10 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Sawyer. Noes: None. ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas R. A. Nugent, Mayor City of Nederland, Texas J C 3 a CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Robert Sawyer Council Member - Ward I ✓ Billy Neal Council Member - Ward II Debby Griffin Council Member - Ward III Bert Rogers Council Member - Ward IV Chris Duque City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney v Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Corrie Ze eda Acting City Clerk 1/ Am44s2*Z'-- R. A. Nugent, M r LaDonna Floyd, City Clerk /a -C? Date 34? MHUAM K. JOHNSON TAX ASSESSOR - COLLECTOR SUSIE JAMES JEFFERSON COUNTY COURTHOUSE SYLVIA E. MYERS CHIEF DEPUTY P. O. BOX 2112 BEAUMONT, TEXAS 77704 CHIEF OPERATIONS MGR. 409- 835.8516 FAX 409 -835 -8589 STATE OF TEXAS COUNTY OF JEFFERSON I, Miriam K. Johnson, the Tax Assessor - Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor - Collector for CITY OF NEDERLAND, affirm, under oath, 1 that this amount $382,207.93, represents all taxes collected for CITY OF NEDERLAND during ' the month of November 2008. Miriam K. 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N o 0 0 o p o 0 0 0 0 o m .i d d M m d E+ ENO. �OOMtOdmM m $ F' N�-ImM HM r N J. n y 000 p 0000000'i .On m m O. .00Nr r b O O O O O o o O O O O m M d d M P r M T N .O d Gq •� m m 0 d d N N m m M [�i rmlr JNI O. .D OO t�SN P � m r N .O N 91 i N D � m d O. �-VO d.O t00 rvnr M OMN dr 1f1 V dT0 NmrOYnmOi(I J1 N.imOmOY1 O � .+N.on viN d.oMra.. pmm�n�n .o .o m m.00mv�i muomi .aomdmd n 1r n c-m _ _ _ r d .O M 11 i a �+ 1 � O OOMN �mr.oNq yN�-1001mr O U 00.N rnN m 01 0000 O N N N N N N N N N H -1 ri ri N e1 r1N N ` 345 1 V •� STATE OF TEXAS JOINT LAND USE COUNTY OF JEFFERSON AGREEMENT PARTIES This agreement is made between the following parties: 1. City of Nederland, Texas 2. Jefferson County Peace Officers' Association, a non -profit police training organization and a Texas corporation PURPOSE Whereas the City of Nederland, hereafter referred to as Lessor, is the landlord of certain real property in Jefferson County, Texas, hereafter referred to as the "Landfill ", and Whereas the Jefferson County Peace Officers' Association, hereinafter referred to as the Lessee, desires the use of the "Landfill" as Lessee. The purpose of the agreement is that Lessor will allow Lessee the use and access to a portion of the "Landfill" under the following terms and conditions: SITE The site shall be the area adjacent to the Landfill which is presently within the perimeter of the Landfill road, as platted by the City of Nederland, Texas, Map Records. (RE: Attached legal description and map) In addition, access to the site shall be by way of the road leading from State Highway 347 to the intended area. (RE: Attached) TERM OF USE This agreement shall be of a 15 year, renewable term, commencing January 1, 2009, and ending January I, 2024, subject to the following conditions: CONDTIONS 1. Lessee shall maintain the area within the perimeter road in a neat and orderly fashion. 2. Lessee shall use site for the purpose of club activities, which are directly related to firearms training. 3. Only members of the Jefferson County Peace Officers' Association and authorized individuals are allowed upon the property. Land Use Agreement/Page 1 4. Lessee shall provide and maintain a standard liability insurance policy in favor of Lessor in the amount of Five - Hundred Thousand Dollars ($500,000.00) 5. Lessee shall not operate its business in anyway which interferes with Lessor's or the general public. 6. Lessee shall maintain its own gate lock system which will insure that the access road gate is locked at all times, except when Lessor has elected to leave the gate open for Lessor's convenience, or unless Lessor otherwise directs. 7. Lessee is allowed to erect and maintain signs, fences, and structures which relate to the function of the Jefferson County Peace Officers' Association so long as such items do not interfere with Lessor's operations or hinder Lessor's superior duty to maintain the site in accordance with Lessor's or other governmental standards. 8. Lessee shall participate with Lessor in public service activities to the extent that Lessee and Lessor's mutual interests are consistent with the primary purpose of entertaining and benefiting the general public. 9. Lessee shall not be responsible for any environmental contamination on or under the lease premises placed there prior to this agreement. 10. Lessee hereby agrees to and does hold the Lessor harmless from any liability or Damages caused to an individual personally or to any property caused by Lessee, the Lessee's employees, agents, or guests. 11. Lessee hereby agrees to comply with all laws, rules, and regulations of all governmental entities and subdivisions concerning the operation of the Lessee that this lease agreement covers. 12. Parties hereto agree that at termination of this lease agreement Lessee shall have the right remove all improvements placed on the premises by Lessee at the expense of the Lessee. Lessee hereby agrees that upon termination Lessee shall remove all trash, debris and environmental contaminants placed in or on the premises by the Lessee. 13. Parties hereto agree that there shall be no environmental testing on the premises without the written consent of the Lessor. 14. All plans for permanent construction on the lease premises must be approved by the Lessor prior to construction. Lessor agrees that all plans will be approved if environmentally sound and those plans do not pose a hazard to the public. FE 1 9 Land Use Agreement/Page 2 3�8 TERMINATIONS This agreement shall terminate upon any of the following events: 1. Lessor notifies Lessee not less than 180 days in advance that Lessee must vacate the premises. 2. Lessee notifies Lessor of its intention to abandon the range site in not less than 180 days. 3. The expiration of the lease tern as previously set for in Term of Use Provisions. RENEWAL This agreement shall be renewable upon the mutual consent of both parties, neither party having the right to renew without the other party's consent. However, Lessor shall, in good faith, take into consideration the amount of investment benefit of Lessee remaining on site when determining whether or not to allow renewal. LAW OF FORUM Should there by any disagreement or need to further define or clarify this agreement, the law of the State of Texas shall apply. AMENDMENT Any change in this agreement shall be in writing. ACCEPTED. Agent for the City of Nederland Date J// Z /C) �3 Agent for 3efferson County Peace Officers' Date Association APPROVED AS TO FORM AND LEGALITY: Richard Hughes, City Attorney Date City of Nederland, Texas Land Use Agreement/Page 3 DESCRIPTION OF PROPOSED LEASE SITE FOR JEFFERSON COUNTY LAW ENFORCEMENT ASSOCIATION FIRING RANGE Being 30.9295 acre tract of land out of and a part of the William Carroll Survey, Abstract 13, Jefferson County, Texas, also being out of and a part of that certain 267.492 acre tract of land which was conveyed to the city of Nederland by Quitclaim Deed which is on file and of record under Film Code Number 100 -87 -0110 in the Real Property Records of Jefferson County, Texas, said 30.9295 acre tract of land being more fWly described by metes and bounds as follows, to -wit: BEGINNING at the most Westerly comer of said 267.492 acre City of Nederland tract of land, the POINT OF BEGINNING of the tract of land herein described; THENCE North 42 deg. 01 min. 36 sec. East with the Northwesterly line of said 267.492 acre tract of land, a distance of 1000.00 feet to point for corner; THENCE South 47 deg. S8 min. 24 sec. East a distance of 1200.00 feet to point for comer; THENCE South 26 deg. 24. min. 54 sec. West a distance of 989.69 feet to point for comer; THENCE North 66 deg. 57 min. 48 sec. West a distance of 110.09 feet to point for comer in the Southwesterly line of said 267.492 acre tract of land; THENCE North 50 deg. 44 min. 49 sec. West with said Southwesterly line a distance of 652.00 feet to point for comer; THENCE North 46 deg. 26 min. 40 sec. West with said Southwesterly line a distance of 611.31 feet to point for comer; THENCE North 45 deg. 32 min. 38 sec. West with said Southwesterly line a distance of 100.00 feet to the POINT OF BEGINNING, and containing 30.9295 acres of land. L� 350 INTERAGENCY AGREEMENT JEFFERSON COUNTY NARCOTICS TASKFORCE 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 (`°JCSO"), and the Nederland Police Department, a municipal police department situated in Jefferson County, Texas, hereinafter called ('INPD "), 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, "JSCO" 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, 2010. ARTICLE II CONSIDERATION 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. 1 3'50 2.03 All asset forfeitures resulting from the operation of this TASK FORCE will be awarded to the JCSO. On December 1 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 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 indivdual 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 theses 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. 352 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 in 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 2008. FOR THE JEFFERSON COUNTY SHERIFF'S OFFICE G. Mitch Woods, Sheriff/Project Director I FOR THE NEDERLAND POLICE DEPT. 1111 L) ?'"-c Darrell Bush, Chief of Police FOR JEFFERSON COUNTY Ronald Walker, County Judge FOR THE CITY OF NEDERLAND kw R.A. P4ugerft, MaGr Vf 353 THE STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF JEFFERSON § This Lease Agreement ( "Lease ") is made and entered into effective January 1, 2009 by and between the CITY OF NEDERLAND ( "Lessor ") and MID - COUNTY BUILDING CORPORATION ( "Lessee "). Lessor leases to Lessee, and Lessee leases from Lessor, all that certain property situated, lying and being located in Jefferson County, Texas, known as 908 Boston Avenue, Nederland, Texas ( "Leased Premises "), said property being described as follows, to -wit: BEING out of and part of the South one -half of Block 9, Mena Park, Nederland, Jefferson County, Texas and more fully described as follows, to -wit: BEGINNING at the Easterly corner of Block 9, Mena Park, said point being where the most Northerly line of Block 9, Mena Park intersects the most Westerly line of 9th Street; THENCE in a Southerly direction, along the most Westerly right -of -way line of 9th Street to a point of intersection as the most Northerly right - of -way line of Boston Avenue to point for second corner; THENCE in a Westerly direction, along the most Northerly right -of -way line of Boston Avenue, a distance of 75 feet to point for third corner; THENCE in a Northerly direction, parallel to the Westerly right -of -way line of 9th Street to a point on the most Northerly line of Block 9, Mena Park; THENCE in an Easterly direction along the most Northerly line of Block 9, Mena Park to first and beginning point on the most Westerly right - of -way line of 9th Street. I. TERM 1.1 The term of this Lease shall be for a period of five (5) years, beginning on the I" day of January 2009 and ending on December 31, 2014, unless terminated earlier as provided in this Lease. II. RENT 2.1 Rent shall be the sum of ONE AND NO /100 ($1.00) DOLLAR per year and shall commence on January 1, 2009. Rent shall be payable annually, in advance, on the first (15C) day of each year, beginning on January 1, 2009 and continuing regularly until the termination of this Lease. 2.2 Rent shall be payable at the office of Lessor, unless Lessee is otherwise notified in accordance with Paragraph 7.1 hereof. L; III. USE 3.1 The Leased Premises shall be used only as a meeting place for members of Alcoholics Anonymous ( "AA "), Narcotics Anonymous, AI -Anon, Alateen, and other similar 12 step program groups. Neither Lessor nor Lessee shall permit the Leased Premises or any part of the Leased Premises to be used for (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire or liability insurance on the Lease Premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public laws, regulations or rules of any public authority at any time applicable to the Leased Premises. IV. DESTRUCTION OF PREMISES 4.1 Should any buildings or improvements on the Leased Premises be damaged or destroyed by an insured period covered by the insurance required under Paragraph 21.1 hereof not the fault of Lessee or any person in or about the Leased Premises with the express or implied consent of Lessee, they shall be repaired or replaced in accordance with Paragraph 21.1 hereof, and the rent payable by Lessee pursuant to this Lease shall be abated to the extent such damage or destruction renders the Leased Premises unusable by Lessee; provided, however, that Lessor shall have no obligation to repair and restore the damaged buildings and improvements to the condition they were immediately preceding the damage or destruction. V. IMPROVEMENTS TO PROPERTY 5.1 All alterations, changes, and improvements built, constructed, or placed on the Leased Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, become the property of Lessor and shall remain on the Leased Premises at the expiration or earlier termination of this Lease. Lessee may not make or place any such alterations, changes, or improvements on the Leased Premises without Lessor's prior written consent, which consent may be withheld for any reason. 5.2 Lessee shall accept the Leased Premises in its present condition and Lessor shall have no obligation for any modification of the existing improvements. VI. RECORDATION 6.1 Neither this Lease, nor a memorandum hereof, may be recorded in any public office, including but not limited to the Official Public Records of the Jefferson County Clerk's office, Jefferson County, Texas. VII. NOTICES 7.1 All notices or other communication required or permitted by this Lease to be served on or given to either party to. this Lease by the other party must be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to the following: If to Lessor: City of Nederland P. O. Box 967 Nederland, Texas 77627 If to Lessee: Mary Walden 1519 Gary Nederland, Texas 77627 VIII. ATTORNEY'S FEES 8.1 If any litigation is commenced between the parties to this Lease concerning the Leased Premises, this Lease, or the rights and duties of either party in relation to this Lease, the party prevailing in such litigation will be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees in that litigation. IX. WAIVER OF BREACH 9.1 The waiver by Lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease. X. TIME OF ESSENCE 10.1 Time is expressly declared to be of the essence of this Lease. XI. BINDING ON HEIRS AND ASSIGNS 11.1 Subject to any contrary provisions of this Lease, all provisions of this Lease shall extend to and bind, or inure to the benefit of, the parties to this Lease and also to every one of the respective heirs, executors, representatives, successors, and assigns of Lessor or Lessee. XII. RIGHTS AND REMEDIES CUMULATIVE 12.1 The rights and remedies provided by this Lease are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 3,)!J XIII. TEXAS LAW TO APPLY 13.1 This Lease shall be construed under and in accordance with the laws of the State of Texas and the venue for the performance of this Lease and any resulting litigation shall be Jefferson County, Texas, unless otherwise required by law. XIV. LEGAL CONSTRUCTION 14.1 In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Lease, and this Lease must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Lease. XV. PRIOR AGREEMENTS SUPERSEDED 15.1 This Lease constitutes the only agreement of the parties to this Lease and supersedes any prior understanding or written or oral agreements between the parties respecting this subject matter. XVI. AMENDMENT 16.1 No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease, and duly executed by the parties to this Lease. XVII. MAINTENANCE 17.1 Lessee shall throughout the lease term and any other period of tenancy, at its expense and risk maintain and be responsible for the roof, foundation, underground or otherwise concealed plumbing, the structural soundness of the existing exterior walls and all other necessary repairs needed on or about the Leased Premises, including but not limited to repairs (including all necessary replacements) to windows, window glass, doors, heating and air conditioning and regular mowing of grass, and maintenance on the paving outside the building. XVIII. SURRENDER 18.1 Lessee shall throughout the lease term and other period of tenancy maintain the building or other improvements constituting the Lease Premises and keep them free from waste or nuisance, and shall deliver up the Leased Premises in a clean and sanitary condition at the expiration or earlier termination of this Lease in good repair and condition, reasonable wear and tear and damage by fire, tornado, or other casualty. 18.2 Lessee shall establish and maintain, at Lessee's sole expense, a system to assure and monitor continued compliance with all applicable environmental laws and regulations and the exclusion of all hazardous substances from the Lease Premises. Lessee shall give prompt written notices to Lessor of: (i) any proceeding or inquiry by any governmental or non - governmental entity or person with respect to the presence of any hazardous substance on, under, from, or about the Leased Premises, the mitigation thereof from or to other property, the disposal, storage, or treatment of any hazardous substance generated or used on, under, or about the Leased Premises, (ii) all claims made or threatened by any third party against Lessee or the Leased Premises or any other owner or operator of the Leased Premises relating to any loss or inquiry resulting from any hazardous substance, and (iii) Lessee's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Leased Premises that could cause the Leased Premises or any part thereof to be subject to any investigation or cleanup of the Leased Premises pursuant to any environmental law or regulation. Further, Lessee shall protect indemnify, and hold harmless Lessor, its successors and assigns from and against any and all loss damage, costs, expense, action, causes of action, or liability (including attorneys' fees and costs) directly or indirectly arising from or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of any hazardous substance on, under or about the Lease Premises, whether known or unknown at the time of the execution of this Lease. XIX. UTILITIES 19.1 Lessee shall throughout the lease term and any other period of tenancy pay all utility charges for water, electricity, heat, gas, power and all other utilities used in and about the Leased Premises, all such charges to be paid by J Lessee to the utility company or municipality furnishing same, before such charges shall become delinquent. XX. TAXES 20.1 Lessee shall be liable for personal property taxes levied on the contents of the Leased Premises during the term of this Lease or any extension thereto or any other period of tenancy. Lessee shall pay all such taxes on or before January 31St of the year immediately following the year of accrual and shall furnish receipts to Lessor, upon Lessor's written demand, showing full payment of said taxes. XXI. INSURANCE 21.1 Lessee shall, at his own expense, during the term of this Lease and any other period of tenancy, keep buildings and structures on the Leased Premises insured against loss or damage by fire. Lessee will provide fire and other hazard insurance on the leasehold improvements constructed by Lessee. Such policies of insurance shall name Lessor as names insured and at the option of the Lessor, the proceeds of which may be used for repair and restoration of the Leased Premises in accordance with Paragraph 4.1 hereof. Lessee shall furnish Lessor with certificates of all insurance required by Lessee pursuant to this Paragraph 21.1 3 ':-) S 21.2 Lessee, at its own expense, also shall provide and maintain in force during the term of this Lease and any other period of tenancy, General Liability Insurance in the amount of not less than FIVE HUNDRED THOUSAND AND NO /100 ($500,000.00) DOLLARS combined single limits for bodily injury and property damage. Lessee shall furnish Lessor with certificates of all insurance required by this Paragraph 21.2. 21.3 All insurance policies required in this Lease shall be issued by a responsible company or companies authorized to do business in the State of Texas. Each such policy shall contain an endorsement providing for thirty (30) days' prior notice to Lessor in the event of any cancellation of, or material change in, said policy. Certificates of Insurance or evidence of insurance complying with this Lease shall be sent to Lessor by Lessee in accordance with Paragraph 7.1 hereof. XXII. ASSIGNMENT AND SUBLETTING 22.1 Lessee shall not have the right, without the prior written consent of Lessor, to assign this Lease, or any interest herein, or to sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, which consent of Lessor may not be compelled. 22.2 Lessor is expressly given the right to assign any or all of its interest under the terms of this Lease without prior written consent of Lessee. XXIII. AS IS 23.1 LESSE ACKNOWLEDGES AND AGREES BY THEIR ACCEPTANCE HEREOF, THAT THE LEASED PREMISES WILL BE LEASED "AS IS ", "WHERE IS" AND IN ITS PRESENT CONDITION WITH ALL FAULTS, IF ANY, AND THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE LEASED PREMISES, THE SUITABILITY OF THE LEASED PREMISES FOR ANY AND ALL ACTIVITIES AND USES WHICH LESSEE MAY CONDUCT THEREON, COMPLIANCE BY THE LEASE PREMISES WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LEASED PREMISES, OR OTHERWISE WITH RESPECT TO THE LEASED PREMISES, AND SPECIFICALLY THAT LESSOR HAS NOT MADE, DOES NOT MAK, NOR WILL NOT MAKE ANY REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES ON, UNDER OR ABOUT THE LEASED PREMISES WITH ANY APPLICABLE LOCAL, STATE OR FEDERAL STATUTE OR REGULATION. XXIV. INDEMNITY 24.1 Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of Lessee's business on the Leased Premises or its use of the Leased �J Premises, or from any breach on the part of Lessee of any condition of this Lease, or from any act or negligence of Lessee, its officers, agents, contractors, employees, tenants, or invitees on or about the Leased Premises. In case of any action or proceeding brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel of Lessor's choice. XXV. DEFAULT 25.1 The following events shall be deemed to be events of default buy Lessee under this Lease. a. Lessee fails to pay any utility bill within thirty (30) days from its due date. b. Lessee fails to comply with any term, provision, or covenant of this Lease, including the payment of any consideration or performance of any obligation of this Lease. c. Lessee deserts or completely vacates the Leased Premises for a period of thirty (30) days or more. d. Lessee fails to pay maintenance and repair expenses, if any, in accordance with the terms hereof and does not cure such failure with thirty (30) days after Lessor's written notice of the failure to Lessee. 25.2 Lessor's failure to comply with any term, provision, or covenant of this Lease and does not cure such failure within thirty (30) days after Lessee's written notice of the failure to Lessor shall be deemed an event of default by Lessor under this Lease. XXVI. REMEDIES 26.1 Upon the occurrence of any event of default specified in Paragraph 25.1 hereof, Lessor shall have the option to pursue any one or more of the following remedies: Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to do so, Lessor, may without prejudice to any other remedy that it may have for possession, enter upon and take possession and expel or remove Lessee and any other person who may be occupying the Leased Premises or any part of them, by force if necessary. Lessor may cure the default, at the Lessor's expense, and seek damages and all other remedies from Lessee allowed by Law and in equity. 26.2 Upon the occurrence of the event of default specified in Paragraph 25.2 hereof, Lessee shall have the option to terminate this Lease upon giving at least thirty (30) days' written notice to Lessor of such intention. In the event Lessee elects this option, the Lese will be terminated on the date designated in Lessee's notice, unless Lessor has cured the default prior to expiration of the thirty (30) day period. C, i i 26.3 Pursuit of any of the remedies provided in this Lease by either Lessor or Lessee shall not preclude pursuit of any of the other remedies provided in this Lease. Pursuit of any remedy in this Lease or by law by either party shall not constitute a forfeiture or waiver of any damages accruing to either party by reason of the violation of any of the terms, provisions or covenants contained in this Lease. 26.4 No waiver by either party of any default or violation or breach of any of the terms, provisions, and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any violation or breach of any of the terms, provisions, and covenants of the Lease. Forbearance by either party to enforce one or more of the remedies provided in this Lease are by law upon an event of default shall not be deemed or construed to constitute a waiver of such default. XXVII. TERMINATION BY LESSOR 27.1 Notwithstanding any of the provisions hereinabove, including those provisions regarding termination upon default by Lessee, Lessor may terminate this Lease without regard to any occurrence of any default specified in Paragraph 25.1 hereof, upon giving at least thirty (30) days' written notice to Lessee of such intention. In the even Lessor elects this option, the Lease will be terminated on the date designated in Lessor's notice. EXECUTED this the day of cb 2008. LESSOR: CITY OF NEDERLAND By: Name: /2 Title: M.QtcjoN ATTEST: &J522nQ p240A�� LaDonna Floyd, City Clerk LESSEE: MID - COUNTY BUILDING CORPORATION MARY WALn TREASURER 3 G I THE STATE OF TEXAS § § LEASE AGREEMENT COUNTY OF JEFFERSON § This Lease Agreement ( "Lease ") is made and entered into effective January 1, 2009 by and between the CITY OF NEDERLAND ( "Lessor ") and JEFFERSON COUNTY AMATEUR RADIO CLUB ( "Lessee "). Lessor leases to Lessee, and Lessee leases from Lessor, all that certain property situated, lying and being located in Jefferson County, Texas, known as 923 Boston Avenue, Nederland, Texas and 216 - 101h Street, Nederland, Texas ( "Leased Premises "). I. TERM 1.1 The term of this Lease shall be for a period of two (2) years, beginning on the 15C day of January 2009 and ending on December 31, 2011, unless terminated earlier a$ provided in this Lease. II. RENT 2.1 Rent shall be the sum of ONE AND NO /100 ($1.00) DOLLAR per year and shall commence on January 1, 2009. Rent shall be payable annually, in advance, on the first (15L) day of each year, beginning on January 1, 2009 and continuing regularly until the termination of this Lease. 2.2 Rent shall be payable at the office of Lessor, unless Lessee is otherwise notified in accordance with Paragraph 7.1 hereof. III. USE 3.1 The Leased Premises shall be used only as a meeting place for members of JEFFERSON COUNTY AMATEUR RADIO CLUB. Neither Lessor nor Lessee shall permit the Leased Premises or any part of the Leased Premises to be used for (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire or liability insurance on the Lease Premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public laws, regulations or rules of any public authority at any time applicable to the Leased Premises. IV. DESTRUCTION OF PREMISES 4.1 Should any buildings or improvements on the Leased Premises be damaged or destroyed by an insured period covered by the insurance required under Paragraph 21.1 hereof not the fault of Lessee or any person in or about the Leased Premises with the express or implied consent of Lessee, they shall be repaired or replaced in accordance with Paragraph 21.1 hereof, and the rent payable by Lessee pursuant to this Lease shall be abated to the extent such damage or destruction renders the Leased Premises unusable by Lessee; provided, however, that Lessor shall have no obligation to repair and restore the damaged buildings and improvements to the condition they were immediately preceding the damage or destruction. , V. IMPROVEMENTS TO PROPERTY 5.1 All alterations, changes, and improvements built, constructed, or placed on the Leased Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, become the property of Lessor and shall remain on the Leased Premises at the expiration or earlier termination of this Lease. Lessee may not make or place any such alterations, changes, or improvements on the Leased Premises without Lessor's prior written consent, which consent may be withheld for any reason. 5.2 Lessee shall accept the Leased Premises in its present condition and Lessor shall have no obligation for any modification of the existing improvements. VI. RECORDATION 6.1 Neither this Lease, nor a memorandum hereof, may be recorded in any public office, including but not limited to the Official Public Records of the Jefferson County Clerk's office, Jefferson County, Texas. VII. NOTICES 7.1 All notices or other communication required or permitted by this Lease to be served on or given to either party to this Lease by the other party must be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, postage prepaid, addressed to the following: If to Lessor: City of Nederland P. 0. Box 967 Nederland, Texas 77627 If to Lessee: Jefferson County Amateur Radio Club 923 Boston Avenue Nederland, Texas 77627 VIII. ATTORNEY'S FEES 8.1 If any litigation is commenced between the parties to this Lease concerning the Leased Premises, this Lease, or the rights and duties of either party in relation to this Lease, the party prevailing in such litigation will be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney's fees in that litigation. IX. WAIVER OF BREACH 9.1 The waiver by Lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease. 3r3 X. TIME OF ESSENCE 10.1 Time is expressly declared to be of the essence of this Lease. XI. BINDING ON HEIRS AND ASSIGNS 11.1 Subject to any contrary provisions of this Lease, all provisions of this Lease shall extend to and bind, or inure to the benefit of, the parties to this Lease and also to every one of the respective heirs, executors, representatives, successors, and assigns of Lessor or Lessee. XII. RIGHTS AND REMEDIES CUMULATIVE 12.1 The rights and remedies provided by this Lease are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's right to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. XIII. TEXAS LAW TO APPLY 13.1 This Lease shall be construed under and in accordance with the laws of the State of Texas and the venue for the performance of this Lease and any resulting litigation shall be Jefferson County, Texas, unless otherwise required by law. XIV. LEGAL CONSTRUCTION 14.1 In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Lease, and this Lease must be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Lease. XV. PRIOR AGREEMENTS SUPERSEDED 15.1 This Lease constitutes the only agreement of the parties to this Lease and supersedes any prior understanding or written or oral agreements between the parties respecting this subject matter. XVI. AMENDMENT 16.1 No amendment, modification, or alteration of the terms of this Lease shall be binding unless the same be in writing, dated subsequent to the date of this Lease, and duly executed by the parties to this Lease. XVII. MAINTENANCE 17.1 Lessee shall throughout the lease term and any other period of tenancy, at its expense and risk maintain and be responsible for the roof, foundation, underground or otherwise concealed plumbing, the structural soundness of the existing exterior walls and ail other necessary repairs needed on or about the Leased Premises, including but not limited to repairs (including all necessary replacements) to windows, window glass, doors, heating and air conditioning systems, and plumbing systems. XVIII. SURRENDER 18.1 Lessee shall throughout the lease term and other period of tenancy maintain the building or other improvements constituting the Lease Premises and keep them free from waste or nuisance, and shall deliver up the Leased Premises in a clean and sanitary condition at the expiration or earlier termination of this Lease in good repair and condition, reasonable wear and tear and damage by fire, tornado, or other casualty. 18.2 Lessee shall establish and maintain, at Lessee's sole expense, a system to assure and monitor continued compliance with all applicable environmental laws and regulations and the exclusion of all hazardous substances from the Lease Premises. Lessee shall give prompt written notices to Lessor of: (i) any proceeding or inquiry by any governmental or non- governmental entity or person with respect to the presence of any hazardous substance on, under, from, or about the Leased Premises, the mitigation thereof from or to other property, the disposal, storage, or treatment of any hazardous substance generated or used on, under, or about the Leased Premises, (ii) all claims made or threatened by any third party against Lessee or the Leased Premises or any other owner or operator of the Leased Premises relating to any loss or inquiry resulting from any hazardous substance, and (iii) Lessee's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Leased Premises that could cause the Leased Premises or any part thereof to be subject to any investigation or cleanup of the Leased Premises pursuant to any environmental law or regulation. Further, Lessee shall protect indemnify, and hold harmless Lessor, its successors and assigns from and against any and all loss damage, costs, expense, action, causes of action, or liability (including attorneys' fees and costs) directly or indirectly arising from or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal or presence of any hazardous substance on, under or about the Lease Premises, whether known or unknown at the time of the execution of this Lease. XIX. UTILITIES 19.1 Lessee shall throughout the lease term and any other period of tenancy pay all utility charges for water, electricity, heat, gas, power and all other utilities used in and about the Leased Premises, all such charges to be paid by Lessee to the utility company or municipality furnishing same, before such charges shall become delinquent. XX. TAXES 20.1 Lessee shall be liable for personal property taxes levied on the contents of the Leased Premises during the term of this Lease or any extension thereto or any other period of tenancy. Lessee shall pay all such taxes on or before January 31St of the year immediately following the year of accrual and shall furnish receipts to Lessor, upon Lessor's written demand, showing full payment of said taxes. XXI. INSURANCE 21.1 Lessee, at its own expense, also shall provide and maintain in force during term of this Lease and any other period of tenancy, General Liability Insurance in the amount of not less than ONE MILLION DOLLARD combined single limites for bodily injury and property damage. Lessee shall furnish Lessor with certificates of all insurance required by this Paragraph 21.1. 21.2 All insurance policies required in this Lease shall be issued by a responsible company or companies authorized to do business in the State of Texas. Each such policy shall contain an endorsement providing for thirty (30) days' prior notice to Lessor in the event of any cancellation of, or material change in, said policy. Certificates of Insurance or evidence of insurance complying with this Lease shall be sent to Lessor by Lessee in accordance with Paragraph 7.1 hereof. XXII. ASSIGNMENT AND SUBLETTING 22.1 Lessee shall not have the right, without the prior written consent of Lessor, to assign this Lease, or any interest herein, or to sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, which consent of Lessor may not be compelled. 22.2 Lessor is expressly given the right to assign any or all of its interest under the terms of this Lease without prior written consent of Lessee. XXIII. AS IS 23.1 LESSE ACKNOWLEDGES AND AGREES BY THEIR ACCEPTANCE HEREOF, THAT THE LEASED PREMISES WILL BE LEASED "AS IS ", "WHERE IS" AND IN ITS PRESENT CONDITION WITH ALL FAULTS, IF ANY, AND THAT LESSOR HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS, 5 EXECUTED this the day of 2008. LESSOR: CITY OF NEDERLAND By: Name: i f Title: ATTEST: LaDonna Floyd, City Clerk LESSEE: JEFFERSON COUNTY AMATEUR RADIO CLUB j f By: � f4 Name: • /'I�) %�� ;� v Title: 1 AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, ESTABLISHING A 3 -WAY STOP INTERSECTION AT SOUTH 6T" STREET AND AVENUE "D ", AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Nederland is of the opinion that traffic control is required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, Ordinance No. 107 is hereby amended by adding the following language: ARTICLE VII. SECTION 54 - STOP SIGNS The intersection at South 6t' Street and Avenue "D" shall be designated as a "3 -Way Stop Intersection." Stop signs shall be erected and maintained at all three corners in accordance with local and state law. All vehicles must come to a complete stop before entering the intersection. ARTICLE XVI. SECTION 122 - PENALTY Any person who intentionally, knowingly, or recklessly violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined as provided in Sec. 102 -323, Nederland Code of Ordinances. ARTICLE XVII. SECTION 133 - EFFECTIVE DATE This amendment to the ordinance shall be in full force and effect after publication as provided by law. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland, Texas this the �_ day of �� , 2008. R, A. Nugen ayor City of Nede nd, Texas ATTEST: c— �ca.��- La Donna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, City Attorney City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. December 15, 2008 1. MEETING The meeting was called to order at 6:00 p.m. by Mayor Pro Tern Robert Sawyer 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 November 24, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent 3. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 6:01 p.m. by Mayor Pro Tern Sawyer for the purpose of receiving comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 2323 Avenue A 2423 Nederland Avenue 2624 Avenue H 416 Nederland 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. Frank Paschal, 4641 Rice Farm Road, Port Arthur, owner of the property at 2323 Avenue A, stated that he has been working on the structure and feels it only needs a few minor repairs. He added that he can have it repaired within two months. Waleed Afzal Khan, 755 Eveningview, Port Neches, owner of the properties at 2624 Avenue H and 2423 Nederland Avenue, stated that he will be demolishing both structures. Mr. Khan added that he is in the process of obtaining funding to rebuild the convenience store at 2423 Nederland Avenue. Chris Duque, City Manager, informed Council that Mevelyn Manning, owner of the property at 416 Nederland asked that her hearing be postponed due to a medical problem. r, Minutes continued, December 15, 2008 There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:22 p.m. by Mayor Pro Tern Sawyer. 4. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to set a 60 -day time period for Frank Paxchal to comply with the demolition and removal of the house located at 2323 Avenue A. 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 Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to set a 90 -day time period for Waleed Afzal Khan and Makas Management, Inc. to comply with the demolition and removal of the house located at 2624 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 Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to set a 90 -day time period for Waleed Afzal Khan and Makas Management, Inc. to comply with the demolition and removal of the house located at 2423 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 Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. Richard Hughes, City Attorney, recommended that no action be taken on the structure located at 416 Nederland Avenue until the correct owner can be verified. S. BUDGET A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve Ordinance No. 2008 -22, amending the FY 2008 -2009 budget. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. Chris Duque, City Manager, explained that an amendment is necessary for the current MCML Dispatch Fund budget to allocate funds for an Information Technology Supervisor /Director position. As discussed in the fiscal year 08 -09 budget letter, the proposed budget included in MIS contingency amount of $50,000 in anticipation of funding either a position or a services contract. Discussions were held by the city managers of the Cities of Nederland, Port Neches, and Groves, and it was determined that creating an IT position would Minutes continued, December 15, 2008 be a better solution to the growing technology infrastructure and needs facing each City. The current cost sharing allocation is based on population as follows: City of Groves 33.65 %, City of Port Neches 29.09 %, and City of Nederland 37.26 %. The money has already been allocated for the position, but needs to the placed in the proper line -item. A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve a budget amendment to the FY 2008 -2009 budget. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. 6. BIDS /PURCHASES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to award bids received for water inventory items to ACT Pipe and Supply, Inc., Beaumont, TX, in the amount of $96,813.96. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to authorize the advertisement of bids for the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. 7. GRANTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to accept the Homeland Security Grant Program for FY 2008 to carry out homeland security projects. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. EXECUTIVE SESSION A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Pro Tern Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. COMMUNICATION City Manager Report: 1. Hurricane Ike - FEMA Mr. Duque reported that a representative from FEMA delivered documents last week to be signed to speed up the process of at least 50% reimbursement immediately. He also reported that he and staff met with ORCA last week to discuss the upcoming disaster grant funding. Minutes continued, December 15, 2008 2. Sales Tax - December 2008 Mr. Duque reported that sales tax for last month increased by 27 %. 3. Miscellaneous Mr. Duque reported that he, Councilmember Griffin, Angela Fanette, and Sherry Mitchell volunteered at the Feast of Sharing at Ford Park last Friday. City staff is participating in a Toy Drive that will benefit families in Nederland. Mr. Duque reminded Council of the retirement reception for Assistant Police Chief Tom Hicklin that will be held Wednesday, December 17th at 3:30 p.m. He also reminded Council that City offices will be closed December 25th and 26th for the Christmas holidays. 10. ADJOURN There being no further business a motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to adjourn the meeting at 7:00 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Sawyer, Councilmembers Neal, Griffin, and Rogers. Noes: None. Absent: Mayor Nugent. ATTEST: LaDonna Moyd, City Clerk City of Nederland, Texas 1 Robert Sawyer, Mayor Pro Tem City of Nederland, Texas al 4 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor l/ Robert Sawyer Council Member - Ward I / v/ Billy Neal Council Member - Ward II Debby Griffin Council Member - Ward III Bert Rogers Council Member - Ward IV Chris Duque City Manager LaDonna Floyd City Clerk Richard Hughes City Attorneyi/ Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Corrie Ze eda Acting City Clerk a-A;Nuqemt am yor LaDonna Floyd, City Clerk Date f 1 373 EASEMENT FOR PIPELINE PURPOSES THE STATE OF TEXAS § S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON In consideration of $34,875.00 and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, the undersigned City of Nederland, Texas (the "GRANTOR "), whose mailing address is P.O. Box 967, Nederland, Texas 77627 -0967, hereby grants and conveys unto Oiltanking Beaumont Partners, L.P., whose mailing address is 15631 Jacintoport Blvd., Houston, Texas 77015 (the "GRANTEE ") a right of way and easement as hereinafter set forth, for the purpose and privilege to construct, lay, maintain, operate, replace, repair and remove one (1) eight inch (8 ") outside diameter pipeline for the transportation of petroleum and petrochemical products, including methyl tert-butyl ether (MTBE), together with such valves, fittings, meters, and necessary appurtenances, all of which shall be located below the surface of the ground, including cathodic protection facilities at various locations along the line, across and through GRANTOR'S right -of -way in Jefferson County, Texas, more particularly described herein. The eight inch (8 ") pipeline shall be constructed within a twenty (20') foot wide temporary easement as described in Exhibit "A" and as depicted in Exhibit "B ", attached hereto and made a part hereof. After construction has been completed, GRANTEE agrees to provide to GRANTOR an as -built survey of the "Right -of -Way' and to file of record in the aforesaid county and state the centerline description of the as -built location of the pipeline. GRANTOR consents to the recording thereof in the Official Public Records of Jefferson County, Texas. Upon the recording of the as -built location, the permanent right -of -way (easement) shall revert to two and one -half feet (2.5') on either side of the centerline of said pipeline. 1. GRANTEE shall construct all pipeline crossings under City streets, irrigation canals, water and sewer lines and drainage systems by underground borings, as opposed to surface excavations. At such crossings, the top of the pipeline shall be buried a minimum of thirty inches (30 ") below the flow line of any major drainage course, road ditch, storm drainage lines, water or wastewater lines; the top of the line shall be buried at least thirty -six inches (36') below the natural grade of the land at all other locations. 2. GRANTEE shall notify GRANTOR prior to any excavations in and around City water, wastewater or storm water lines and, as hereinafter provided, shall protect the GRANTOR's water, wastewater or storm water lines from damage to ensure the continual and uninterrupted use of said water, wastewater or storm water lines, and all other underground utilities or facilities by GRANTOR to and for the benefit of the City and the public. At such crossing of GRANTOR's water, wastewater or storm water lines, and all other underground utilities or facilities, the top of the pipeline shall be buried a minimum of sixty inches (60 ") below the lowest elevation of GRANTOR's water, wastewater or storm water lines, and all other underground utilities or facilities. With respect to GRANTEE's pipeline contained or to be contained in the Easement, GRANTEE agrees as follows: 374 a. GRANTEE shall design the pipeline in a manner such that the depth of the pipeline and the wall thickness of the pipe and the structural integrity of the Easement will support the heaviest loads expected during the construction and operation of the pipeline and related infrastructure. b. During construction of GRANTEE's pipeline, GRANTEE shall require all other utility suppliers affected by the Easement, including any water suppliers, to approximately mark all utility (including water /sewer) lines, and during said construction GRANTEE shall provide reasonable levels of insurance in favor of such utility suppliers insuring against the risks associated with the Easement and the pipeline contained therein, and showing GRANTOR as an additional insured there under. c. GRANTEE shall not be permitted to erect or maintain any above ground valves or facilities (except for pipeline markers) related to the Easement or the pipeline contained therein. d. The Easement may only be used for the purposes set forth herein, and GRANTEE shall not have any right to lay or bury any additional pipelines or cables within the Easement other than the pipeline specifically referenced herein. GRANTEE shall notify GRANTOR upon removal of any pipeline contained within the Easement. 3. In addition to the requirements set forth in paragraph 2 above, GRANTEE shall not excavate within sixty inches (60 ") laterally of any water, wastewater or storm water lines, , and all other underground utilities or facilities of GRANTOR without GRANTOR's prior consent. If it becomes necessary for GRANTEE to excavate within sixty inches (60 ") of GRANTOR's water, wastewater or storm water lines, and all other underground utilities or facilities, GRANTEE shall use bracing and an excavation shoring box for lateral support of adjacent soil during the period of such crossing. GRANTEE shall close and compact all excavations prior to leaving a crossing site at the end of each workday. GRANTEE shall comply with all City requirements and shall perform all work in accordance with the standard specified in the drawings and specifications, which must be submitted to and approved by GRANTOR prior to any work. 4. GRANTEE shall be liable for any and all cleanup and repairs necessary if water, wastewater or storm water lines, and all other underground utilities or facilities of GRANTOR shall be damaged or result in any wastewater or storm water discharges and shall pay or shall reimburse all costs attributable to such damages including any local, state or federal regulatory claims including fines, penalties and assessments rated thereto. 5. No asbestos containing materials shall be contained in any pipe wrapping materials used in the construction of the pipeline. 6. The GRANTEE, at any and all reasonable times, shall have the right of ingress and egress from the easement to such pipeline for all purposes of this grant, but on such easement only, and not on or over the other portion of GRANTOR's land without the express consent of GRANTOR or its Successors or Assigns. GRANTOR shall have access to the easement strip at all times for purposes of accessing its property or facilities or for purposes of carrying out its responsibilities as a City. 7. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE SHALL DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS THE GRANTOR, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY'S FEES AND EXPERT FEES ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF WORK BY GRANTEE CONDUCTED UPON THE SAID PREMISES ATTRIBUTABLE TO BODILY INJURY, PERSONAL INJURY, PROPERTY DAMAGE AND ECONOMIC LOSS CAUSED BY THE NEGLIGENT ACTS OR OMMISSIONS OF GRANTEE, ITS CONSULTANTS, AGENTS, EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM OR ANYONE WHOSE ACTS FOR WHICH THEY MAY BE LIABLE, IF SUCH CLAIM OR DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR IN PART BY GRANTEE. GRANTEE IS NOT RESPONSIBLE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES ENUMERATED ABOVE THAT ARE SOLELY CAUSED BY GRANTOR OR GRANTOR'S TENANTS. 8. GRANTEE shall furnish and maintain in force, throughout the term of the Easement, a commercial general liability insurance policy, including liability coverage for explosion, collapse, and underground causes, the limits of the liability of such policy to be not less than $500,000.00 per person and $1,000,000.00 per accident for bodily injury or death, but not limited as to the number of accidents and in an amount of not less than $500,000.00 for property loss or damage. If GRANTEE elects to include any deductibles or self- insured retentions as part of the insurance required hereby, GRANTEE will be deemed to have assumed liability for the amount of the deductible or self- insured retention and to have self- insured for such amount. Prior to any entry upon the Easement, GRANTEE must deliver to GRANTOR certificates of the required insurance or such other proof of insurance as GRANTOR may reasonably require. 9. GRANTOR has not inspected the condition of the above - described premises. GRANTEE, HOWEVER, IS ON NOTICE THAT THERE MAY BE ELECTRICAL OR UTILITY LINES AND FACILITIES AS WELL AS OIL AND GAS PIPELINES ABOVE AND BELOW THE GROUND. Therefore, this Easement is conditioned upon GRANTEE, through its duly authorized representative, agreeing to enter the property on an "AS IS" basis and at the sole risk of GRANTEE with respect to the condition of the premises. BY ITS ACCEPTANCE HEREOF, GRANTEE AGREES THAT IT IS RECEIVING THE PREMISES "AS IS" AND IN ITS PRESENT CONDITION WITH ALL DEFECTS, IF ANY, AND THAT GRANTEE SHALL HAVE THE SOLE RESPONSIBILITY FOR DETERMINING THE LOCATION OF EXISTING PIPELINES AND ELECTRICAL AND UTILITY LINES AND FACILITIES. 10. GRANTEE shall be permitted to make periodic inspections outside of the permanent right -of -way, but within the temporary construction area, for purposes of ensuring compliance with any conditions imposed by any local, state or federal regulatory authority issuing permits or licenses for the pipeline herein described. The inspections will be limited to vegetation re- growth and restoration of elevation affected by construction. 11. GRANTEE will pay for any additional or extra costs which may be incurred by GRANTOR in the construction of additional streets or works or in widening, deepening, enlarging, extending, repairing, replacing or cleaning out of its said street across said pipeline incurred because of or by reason of the location of said pipeline on the easement hereby conveyed and will move or cause to be moved or adjusted the said pipeline when deemed necessary or advisable by GRANTOR to enable GRANTOR to construct one or more additional streets and /or to widen, deepen, enlarge, extend, rearrange, reconstruct, or relocate said streets. t 12. GRANTEE will use and occupy said right -of -way hereby granted in a manner which shall not be inconsistent with the construction, use, operation, enlarging, extending, and repairing by GRANTOR of its streets, rights -of -way, and appurtenances thereto. AS PART OF THE CONSIDERATION HEREFOR, GRANTEE HAS SPECIFICIALLY RELEASED AND DOES HEREBY SPECIFICALLY RELEASE AND DISCAHRGE GRANTOR FROM ANY LIABILITY OF ANY KIND TO GRANTEE OR TO ANY OTHER PERSON, FIRM OR CORPORATION FOR ANY DAMAGE TO PERSON OR PROPERTY SUFFERED OR SUSTAINED BY GRANTEE OR BY ANY AGENT, SERVANT OR EMPLOYEE OF GRANTEE OR BY ANY OTHER PERSON, FIRM OR CORPORATION WHOMSOEVER OR WHATSOEVER BY REASON OF OR IN ANY MANNER GROWING OUT OF ANYTHING DONE OR ANY ACTION TAKEN BY GRANTOR OR THE FAILURE OF GRANTOR TO DO ANYTHING OR TO TAKE ANY ACTION, WHICH ACTION OR INACTION RESULTS IN ANY DAMAGE OF ANY KIND TO THE PERSON OR PROPERTY OF GRANTEE OR TO THE PERSON OR PROPERTY OF ANY OTHER PERSON, FIRM OR CORPORATION, EVEN IF SUCH ACTION OR INACTION ON THE PART OF GRANTOR OR ON THE PART OF ANY PERSON FOR WHOSE ACTION OR INACTION GRANTOR IS OR MIGHT BE LIABLE CONSTITUTES NEGLIGENCE AS DEFINED BY LAW. WITHOUT LIMITING THE FOREGOING GRANTEE SPECIFICALLY RELEASES THE GRANTOR FROM ALL LIABILITY TO THE GRANTEE OR TO ANY OTHER PERSON, FIRM OR CORPORATION FOR ALL INJURIES OR DAMAGES TO OR DESTRUCTION OF ALL OR ANY PART OF GRANTEE'S LINE OR OTHER FACILITIES INCURRED AS A RESULT OF THE USE OF GRANTOR'S RIGHT -OF -WAY BY THE GRANTOR OR BY ITS SUCCESSORS OR ASSIGNS. 13. GRANTEE, its successors and assigns, hereby agrees to pay for any damages to the streets and rights -of -way, including utility lines, which may arise from the laying, maintaining, operating, repairing or removing of said pipeline, and to pay for any damages to person or property sustained by GRANTOR or by any person, firm, or corporation, including but not limited to damage to land, equipment, utility lines or other machinery or to GRANTOR's property and appurtenances thereto from leakage of oil, gas or other fluids or substances from said pipeline, GRANTEE will reimburse GRANTOR for all costs incurred by GRANTOR in repairing any such damages and in replacing any damaged property, GRANTOR to use its sole judgment and discretion in choosing materials and method to be used and the extent of repair and replacement required. 14. As part of the consideration herefor, GRANTEE has further contracted and agreed and does hereby contract and agree to fully protect GRANTOR from and against all claims and causes of action of every kind, character, nature or description arising from or growing out of the construction, operation, maintenance, repair, replacement or removal of said pipeline or any defect or malfunction therein, whether hidden or apparent, or any failure to make any correction or repair hereto, including, without limitation, all legal fees and court costs incurred by GRANTOR in defending itself against any such claim or cause of action as well as any damages or payments which GRANTOR is required to pay or discharge by reason of or growing out of such construction, operation, maintenance, repair, replacement or removal of or any hidden or apparent defect or malfunction in said pipeline or growing out of the existence of such pipeline, or arising by reason of any such failure to make any repair or correction. j. 377 15. The rights and privileges herein granted to GRANTEE will not be assigned by the GRANTEE without the express written permission of the GRANTOR being first had and obtained. This easement is granted by GRANTOR without warranty of any kind as to the title to the property described in Exhibit "A" hereof and GRANTEE accepts the same subject to any defect in title of GRANTOR. Failure by GRANTEE to commence construction of GRANTEE's pipeline within twelve (12) months from the date of this instrument will cause this instrument and the rights hereby granted to terminate and be of no further force or effect. GRANTEE will notify GRANTOR that GRANTEE proposes to start construction not less than forty -eight (48) hours before such work is to commence, such notice to be given to the city manager of GRANTOR or such person as the city manager may designate. Upon completing construction of the GRANTEE's pipeline, GRANTEE shall furnish GRANTOR a full and complete set of as -built plans for the portion of GRANTEE's facilities within this right -of -way. 16. It is understood that this crossing permit conveys no property rights in real estate nor does it convey any exclusive privileges to GRANTEE. 17. GRANTEE agrees and binds itself that it will comply with all Federal, State and local laws or regulations and will obtain all necessary permits from all local and federal agencies required by law before installation or construction is begun. 18. GRANTEE will install its pipeline and facilities in a manner and location as shown in the drawings and specifications heretofore filed with GRANTOR in support of GRANTEE's application for this easement. GRANTOR's engineer or inspector may at any time make such inspection as he may deem necessary to assure that the construction of the pipeline or other ' facility is in accordance with the conditions herein set out and in accordance with the drawings and specifications submitted in support of GRANTEE's application for this permit and said engineer or inspector shall have the right to temporarily suspend GRANTEE's work if necessary while such inspection is being made. Should GRANTEE not install the pipeline or other facility in accordance with said drawings and specifications and in accordance with the terms and conditions of this permit, GRANTEE agrees that GRANTOR shall have the right to require, at GRANTEE's expense, the removal of the pipeline and its replacement and conformance to said drawings, said specifications and conditions of this permit. GRANTOR may revoke this permit and suspend all work hereunder if it is determined by GRANTOR that the pipeline is not being installed in accordance with such plans and specifications and the conditions of this easement. The suspension or revocation of this permit shall not be a basis for a claim for damages against GRANTOR. 19. Except in emergency situations where it is necessary to protect life and property GRANTEE will not make any change, modification or alteration in or to the pipeline without first securing a new or amended easement from GRANTOR prior to the making of any such change, modification or alteration and except in such emergency situations, no repairs, construction or reconstruction will be made by GRANTEE without notice being first given to GRANTOR forty - eight (48) hours in advance. In emergency situations notice will be given by GRANTEE to GRANTOR at the earliest time possible. GRANTEE will keep up and maintain the pipeline hereby authorized in good and safe condition in accordance with plans, specifications and this permit. 20. The person executing this instrument on behalf of GRANTEE represents that he is fully authorized to act for GRANTEE and to bind GRANTEE hereto and this permit is given subject to the condition that GRANTEE is so bound. Use of the pipeline for the transportation of any substance other than the material described in the first paragraph of this instrument will, at 373 the option of the GRANTOR immediately terminate the authority hereby granted and subiect GRANTEE to suit for any damages that might result from the violation of this provision. 21. If GRANTEE should abandon or cease to use all or any portion of the Easement for a consecutive period of twelve (12) months or longer, then this Easement and the rights herein granted shall automatically terminate and revert to, and become property of, GRANTOR, its successors and assigns, without the necessity of GRANTEE executing a conveyance or release of same. Further, GRANTEE shall, at its sole cost and expense, within twelve (12) months following such termination, remove the abandoned pipeline and related facilities and restore the land, including but not limited to surface or subsurface materials, ground water, soils and similar materials, to its original condition on the date hereof, as nearly as possible. GRANTEE agrees to remove and dispose of any materials which at any time have been shown contaminated in connection with GRANTEE's use of this Easement, such removal and disposal to be in full compliance with all applicable laws, regulations, and ordinances. Such materials shall be deemed contaminated if so defined by federal, state and /or local regulatory agencies. GRANTEE agrees that such removal and disposal shall be at GRANTEE's sole cost and expense. If GRANTEE fails to remove the facilities and restore the land as provided for above, then GRANTOR, its successors and assigns, may at its sole option and at GRANTEE's sole expense, remove said facilities and restore the land as provided for above. 22. The provisions hereof shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors, and assigns. TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns, so long as the same shall be used for the purposes aforesaid. EXECUTED on the -30 day of 1a �,g A` 2008. ' GRANTOR: City of Nederland, Texas THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the ' -30 day of f�1_, 2008, by R.A. Nugent, Mayor of City of Nederland, Texas o behalf of said city. Notary Public, State of Texa LaDONNAFLOYD Motery f um, State of Texas C- EXa• f* '' FEB. 2, 2009 379 GRANTEE: Oiltanking Beaumont Partners, L.P. By: Oiltanking Beaumont GP, L.L.C., Its General Partner By: /4— 4, - - -- Its: V pct /fir i At4 THE STATE O�T S COUNTY OF e r✓vS 0 h This strument was acknowledged efore me on the S�ay of t9C- 419-6 ^ 2008, by Si [v.+ of Oiltanking Beaumont GP, L.L.C., General Partner of Oiltanking Beaumont Partners, L.P. on behalf of said partner and said partnership. NotarjPblc, Stat of Texas '�fa; Comm. E. 04-10-12, ,�•�• `ANGELA MOORS ���"G"` Notary Public. C) . N ORDINANCE NO. 2008-22 AN ORDINANCE AMENDING THE 2008 -09 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2008 -15 which adopted the 2008 -09 City Budget; and, WHEREAS, the City Council of the City of Nederland deems it necessary to amend the current budget to increase expenditures as set out in Attachment "A" attached hereto; and, WHEREAS, the 2008 -09 City of Nederland budget states, "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2008, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2008 and ending September 30, 2009, 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 2008 -09 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 2008 -15 adopting the budget for 2008- 09; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the 2008 -09 fiscal year is amended to allow for increases in expenditures as set out in Attachment "A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. ' THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County, Texas as provided by Section 102.011 of the Local Government Code. THAT, this being an ordinance not requiring publication, it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 15th DAY OF DECEMBER, A.D., 2008. 4 i Robert Sawyer, Mayor Pro City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Td chard D. Hughes, City Attome4F City of Nederland, Texas BUDGET ORDINANCE AMENDMENT — ATTACHMENT A 1919-1 CAPITAL OUTLAY FUND Amend Captial Outlay Fund by appropriating unencumbered funds remaining at September 30, 2008 in the amount of $1,100,000 and increase line item as detailed below: Increase 31 -00 -00 -6730 Street Improvements $1,100,000 Designate funds for construction of Beauxart Garden Road improvements. 1 1 1 1