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2009REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. January 12, 2009 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 Rogers to approve the minutes of the December 15, 2008 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 3. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve payment of the bills for the month of December. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a payment to Schaumburg & Polk, Inc. in the amount of $8,755.75, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 4. HURRICANE IKE A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve a payment to Garner Environmental Services in the amount of $257,932.27, equipment supplied for Hurricane Ike aftermath. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve a contract with DSR & Associates in an amount not to exceed $37,900.00 for engineering services relating to a project to correct damage caused by Hurricane Ike to the Canal Avenue elevated water storage tank, contingent upon approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. } Minutes continued, January 12, 2009 A motion was made by Councilmember Griffin and seconded by Councilmember Rogers 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, contingent upon an ordinance being prepared by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 5. TAXES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to authorize the waiver of penalty and interest in the amount of $52.87 on tax account number 021000-000801. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 6. LIBRARY A motion was made by Councilmember Rogers and seconded by Mayor Nugent to accept a grant from the Hebert Foundation for the Marion & Ed Hughes Public Library in the amount of$14,500.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to authorize a "Food for Fines" project for the month of February in lieu of late fees associated with overdue library materials. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 7. ELECTIONS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a contract with Premier Election Solutions for rental of election equipment for the May 2009 General and Special Elections. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to approve an Interlocal Governmental Agreement with the Nederland Independent School District for the conduct of a joint election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. Minutes continued, January 12, 2009 j 8. TAXES A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to accept the Tax Collector Report for December 2008 (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 9. ORDINANCE A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2009-01, approving the rates of Entergy Texas, Inc. contained in the statement of intent to change rates filed in the City on December 19, 2008. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. Don Pumphrey, Entergy, Inc., thanked the Mayor and Council for their support and cooperation during the rate case. 10. EXECUTIVE SESSION The regular meeting was recessed at 3:31 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.072, discuss acquisition, exchange, sale, and/ or release of property; Chapter 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and consultation with City Attorney regarding Aqua Texas contract and Lower Neches Valley Authority contract. 11. 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. 12. COMMUNICATION City Manager Report: 1. Hurricane Ike - FEMA Mr. Duque reported that City staff continues to work on reimbursement documentation for FEMA. He added that the City will seek hazard mitigation funding, as well as disaster funding/grants from ORCA. 2. Charter Review Commission Recommendation Mr. Duque reported that he and LaDonna Floyd, City Clerk, attended the final meeting of the Charter Review Commission last week and they are currently finalizing the Commission's recommendations to submit to Council. �J zi Minutes continued, January 12, 2009 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. R. A. Nugent, ,jyor City of Nederland, Texas ATTEST: c^Yv-ic LaDonna Floyd, City Clerk City of Nederland, Texas a.)i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor 1" Robert Sawyer Council Member-Ward I l// Billy Neal Council Member-Ward 11 Debby Griffin Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV i/ Chris Duque City Manager LaDonna Floyd City Clerk 1/ Richard Hughes City Attorney ✓ Cheryl Dowden Director of Finance l/ ' Darrell Bush Police Chief it Gary Collins Fire Chief Vi Steve Hamilton Director of Public Works t/ Rod Hatch Building Official V / Victoria Klehn Librarian V Kelly Galloway Assistant to the City Manager V Corrie Zepeda Acting City Clerk r �— VQ 7 4 R.A.Nu ent ayor IItc.. c -C,Cu 1�/ LaDonna Floyd,City Clerk /- /2t cy Date 0 06 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES HIS IS AN AGREEMENT effective as of 2009 ("Effective Date") t,etv,een CITY OF NEDERLAND,TEXAS ("Owner") and DSR 8e ASSOCIATES,INC. ("Engineer") Engineer agrees to provide the services described Storm Damage Repairs of Canal below to Owner for Ave.Elevated Water Storage Tank ("Project"). Description of Engineer's Services: Preiminary Phase Inspection;Design Phase(preparation of contract documents,plans.specifications &'contractor recommendation;Construction Monitoring Phase during field work. (See attached Proposal of December 29,2008 -Attachment"A"); 0'.:aer and Engineer further agree as on following pages: li 10:5 OSA &ASSOCIATES.INC. sEwn+orrr,rF_cas 1.01 Basic Agreement 00 7 A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement, and Owner shall pay Engineer for such Services as set forth in Paragraph 9.01 and Paragraph 10.01. 2.0'. Payment,Procedures A. ?reparation of Invoices. Engineer will prepare a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to Owner. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice. the amounts due Engineer will be increased at the rate of 1.5%per month from said thirtieth day In addition, Engineer may, without liability, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer 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. 3.01 Additional Services A. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. B. Owner shall pay Engineer for such additional services as follows: For additional services of Engineer's employees engaged directly on the Project an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class;plus reimbursable expenses and Engineer's consultants'charges,if any. 4.01 Termination A. The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. I b. By Engineer: I) upon seven days written notice if Engineer believes that Engineer is being requested by Owner to furnish or perform services contrary to Engineer's responsibilities as a licensed professional;or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph 4.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such failure within no more than 30 days of receipt of notice;provided, however, that if and to the extent such substantial failure cannot be reasonably cured within 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 for herein shall extend up to,but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience,by Owner effective upon the receipt of notice by Engineer. 2 of 5 DSR &ASSOCIATES.INC. • BEAUMONT,TEXAS ,1 ies cE. The terminating party under paragraphs 4.01.A.1 or 4.01.A.2 may set the effective date of n nation at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Project site,to complete tasks 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. 6.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 1 1 6.01 Successors,Assigns,and Beneficiaries 1 A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by paragraph 6.41.E the assigns 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 this Agreement. E. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including,but without limitation,moneys that are due or may become due)in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer I makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Engineer and its consultants may use or rely upon the design services of others, including,but not limited to,contractors,manufacturers,and suppliers. B. Engineer shall not at any time supervise,direct,or have control over any contractor's work,nor shall Engineer 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 incident to a contractor's work progress,nor for any failure of any contractor 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 contractor's failure to furnish and perform its work in accordance with the contract between Owner and sudh contractor. D. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor, or supplier. or of any contractor's agents or employees or any other persons (except 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 contract given by Owner without consultation and advice of Engineer. E. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract@ as prepared by the Engineers Joint Contract Documents Committee(No.C-700,latest Edition). F. Ail design documents prepared or furnished by Engineer 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. 1 3of 5 {f DSR &ASSOCIATES,INC. .- BEAUMONT.TEXAS • G To the fullest extent permitted by law,Owner and Engineer(1)waive against each other,and the other's employees,officers,directors,agents,insurers,partners,and consultants,any and all claims for .(j n or entitlement to special,incidental,indirect,or consequential damages arising out of,resulting from,or in any way related to the Project. and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to the total amount of compensation received by Engineer. H. The parties acknowledge that Engineer's scope of services does not include any services related to 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:(1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate,or remove the Hazardous Environmental Condition;and(ii)warrants that the Site is in full compliance with applicable Laws and Regulations. 8.01 Total Agreement A. This Agreement(consisting.of pages 1 to 5 inclusive together with any expressly incorporated attachments), 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 duly executed written instrument. U I 4 Of 5 DSR &ASSOCIATES,INC. seaunmoNr,texas .U; Payment— l)1.0Using the procedures set forth in paragraph 2.01, Owner shall pay Engineer for services in accordance with Attachment"A"as follows: Preliminary Phase $2,600.00 2 Design Phase $6,300.00 3 Construction Phase $29,000.00 Maximum not-to-exceed IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. OWNER: City of Nederland,Texas ENGINEER DSR&Associates,Inc. Sy _. 724y4/45--- By 7 Title: _ MCA LOA Title: Vice-President Date Date signed: i -12. C ci Signed: /2-3v-U ff Address for giving Address for giving notices: notices: City of Nederland DSR&Associates,Inc. Addr ess(Maiiing): PC t30% `1 1 Address(Mailing) 5010 Jerry Ware Dr. Address(Physical; t)t i + 5 i Cr: Nv i- Address(Physical) Same City.State.Zip v .C-. titr'.cl r>, 1 L"f Beaumont,TX 77705 Phone: •i 113 l:iG— Phone: 409-722-2242 Fax: it q- 1 Z- 1 ss Fax: 409-722-8596 Email: :l-,4t at iIi- L e t,y1f 1Crl i r.c i `k..Li S Email: dsr@tankdoc.com 1 5 of 5 DSR &ASSOCIATES.INC. BEAUMON f.TEXAS 1 P.O.Box 1019 Allen,Tx 75003 RENTAL, LICENSE, AND PREMIER'" Fax 469-675-8990 800-433-8683(VOTE) SERVICES AGREEMENT ELF('�;^�hJ Vii„ , ' ;`�h;C Fax(214)383-1596 CUSTOMER: City of Nederland,TX PREMIER ELECTION SOLUTIONS,INC. Addresses: PO Box 967 P.O.Box 1019 Mailing Nederland,TX 77627 Allen,TX 75013 Attn:Contracts Department Physical/ 1400 Boston Avenue Overnight Deliveries: Shipping Nederland,TX 77627 1253 Allen Station Pkwy. i Allen,TX 75002 Attn:Contracts Department } Contacts: LaDonna Floyd Therese Covington,Paralegal Andrew Stewart,Sales Representative Phone: 409-723-1505 469-675-8990,ext.1136/I 469-675-8990,ext.1116 Fax: 214-383-1596/1 214.383-1596 Email: Ifloyd@ci.nederland.tx.us Therese.Covington@premierelections.com Andrew.Stewart@premierelections.com Jurisdiction: City of Nederland Effective Date: Date of the last signature set forth below (County/Municipality) State: TX Term Date: See"Term"definition herein. (Customer's State) IPremier Election Solutions, Inc. ("Premier") and the Customer(as listed above) hereby enter into this Rental, License and Services Agreement("Agreement")as of the date of the last signature set forth below(the"Effective Date")and expires on the date shown above unless earlier terminated under Section 12 or extended under Section 2.1 below (the "Term"). The Customer and Premier are sometimes hereinafter referred to collectively as the "Parties" and each individually as a "Party". This Agreement consists of this "Signature Page," the below standard terms and conditions, and Exhibit A, Pricing and Payment Schedule attached hereto and incorporated herein by this reference: The parties have executed this Agreement by their duly authorized representatives as of the Effective Date. City of Nederland,TX PREMIER ELECTION SOLUTIONS,INC. Authtorl£ed'S'gnatureL n Date Authorized Signature Date C f.r i.S f Jut 9 ct.t Yvette Saenz,Controller Printed Name,Title e t ly r-i o S� Printed Name,Title APPROVED AS TO LEGAL FORM c -Qo-,.,' e, Q d{ /-i 2.0 q Authorized Signature Date Authorized Signature Date 1.0 406/1 n Floyd. 2 01 y e/e;J< Therese Covington,Paralegal Printed Name,Title Printed Name,Title Should the Customer have any questions or concerns regarding the applicable terms and Iconditions, please contact the Premier Contracts Department at 469-675-8990, ext. 1136 or via email at PremierContracts @premierelections.com. For any questions regarding the attached quote/pricing, please contact the Sales Representative listed above. Customer Voting System Rental License and Service Agreement Premier Election Solutions,Inc. Page 1 of 6 DATE Premier Election Solutions,Inc.is an Equal Opportunity Employer,committed to a culturally diverse workforce(M/F/D/V). 2 1. Definitions 1.1. "Premier Software"means Premier's proprietary software and firmware as delivered to Customer on digital or magnetic media or loaded on the Hardware delivered hereunder,together with any user manuals or other associated isa documentation. 1.2. "Hardware"means Premier's voting system machines as specified in Exhibit A. 1.3. "Licensed Software"means the Premier Software and Third-Party Software,collectively,together with any user manuals or other associated documentation. 1.4. "Specifications" means descriptions and data regarding the features, functions and performance of the Hardware and/or Premier Software,as set forth in associated user manuals or other applicable documentation. 1.5. "System"means the Hardware and Licensed Software,collectively. 1.6. "Term" under this Agreement shall begin on the Effective Date of the Agreement, and the Agreement shall expire five(5)days subsequent to the completion of the election quoted in Exhibit A herein. 1.7. "Third-Party Software"means software owned by a third party that is provided by Premier hereunder,together with any user manuals or other associated documentation. 2. Term. 2.1. The Parties may extend the Term of this Agreement by agreeing in writing,before the expiration date set forth above,on a later expiration date; 2.2. Section 7 (to extent of any payments still due) and Section 10 will survive any expiration or termination of this Agreement in accordance with their respective terms;and 2.3. Terms of this Agreement that do not survive expiration or termination will nonetheless be effective in determining the Parties'rights and obligations as to acts,omissions or events taking place before such expiration or termination. 3. Premier's Responsibilities 3.1. Commencing on the Effective Date and continuing during the Term, Premier will provide the services described in the scope of work attached hereto as Exhibit A. 3.2. Premier shall rent the Hardware to Customer pursuant to Section 5 of this Agreement. 3.3. Premier shall license the Licensed Software to Customer pursuant to Section 6 of this Agreement. 3.4. Premier shall provide the services described in Exhibit A with respect to System delivery, installation and training and support. 3.5. Premier shall appoint a customer support representative, who will serve as a first point of contact with Customer, will be authorized to make day-to-day decisions relating to this Agreement and will have access to Premier's management for other decisions. 3.6. Premier shall have conducted criminal background checks on all on-site Premier personnel as a regular course of doing business. 3.7. Premier shall notify the Customer in writing, via e-mail or phone call no less than one (1) hour prior to the on-site visit of any Premier personnel to the Customer's Jurisdiction. 4. Customer Responsibilities 4.1. Customer shall provide Premier with physical accommodations reasonably required for Premier to perform its obligations,including premises access,electrical power,data connectivity,heat,ventilation and air conditioning. 4.2. Customer shall provide access to information and personnel reasonably required for Premier to perform its obligations. 4.3. Customer shall appoint a project manager, who will serve as a first point of contact with Premier, will be authorized to make day-to-day decisions relating to this Agreement and will have access to Customer's authorized officials for other decisions. 4.4. CUSTOMER SHALL RETAIN ALL ORIGINAL RENTAL EQUIPMENT PACKAGING,INCLUSIVE OF INNER PLASTIC BAGS AND TIES, TO ELIMINATE OR REDUCE THE EXPENSES OF REPACKAGING SUPPLIES Premier Election Solutions,Inc. Rental,License,and Services Agreement December 18,2008 Page 2 of 6 Version 2008-03 )13 REQUIRED TO RETURN THE EQUIPMENT UPON COMPLETION OF RENTAL. SHOULD CUSTOMER FAIL TO DO SO, CUSTOMER SHALL BE RESPONSIBLE FOR THE EXPENSES RELATED TO PREMIER'S REPLACEMENT OF SUCH PACKING MATERIALS. 4.5. Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the System and promptly make all components of the System available for pick up by Premier. 4.6. Customer shall be responsible for the following: 1. Premier must receive a Customer executed Agreement no later than ten (10) days prior to Customer's early voting date of the election related to the proposed Agreement.Should Customer fail to do so,Premier shall maintain the right to re-quote the Rental Agreement; 2. Premier must receive Customer's ballot information no later than thirty(30)days prior to the election day related to the proposed Agreement.Should Customer fail to do so,Customer agrees to pay a late fee in the amount of$100 per day for each day the ballot information is delayed beyond the above- mentioned date; 3. Customer understands the proposed Agreement does not include the expenses related to recounts. Should such services be necessary,Premier shall provide a quote to cover the additional fees. 4.7. Customer is solely responsible for assuring all relevant state and local laws, ruling and ordinances are complied with in regard to the use of Premier's System for any Customer election, including all associated election guidelines and applicable election due dates. 5. Hardware 5.1. Premier agrees to rent the Hardware to Customer during the Term. 5.2. Customer acknowledges that, unless and until Customer exercises its purchase option, as between Premier and Customer, Premier owns the Hardware and retains title thereto. Customer shall avoid damage or loss to the Hardware, normal wear and tear excepted. Customer shall not permit any Hardware to be moved outside the geographic area of Customer's jurisdiction("Jurisdiction"),or that of their legal representative,or surrender control of or sell any Hardware,and shall keep the Hardware free from security interests and other encumbrances. 6. Licensed Software 6.1. Subject to the terms of this Agreement, Premier grants Customer a non-exclusive license,without the right to transfer or sublicense, to use the Premier Software only in object code form, only during the Term and only in preparing for and conducting federal,state or local elections, run-offs, referenda and other similar voting events that take place within the geographic area of the Customer's "Jurisdiction". The foregoing license may be exercised on Customer's behalf by any of its officials,employees or volunteers authorized to conduct Elections. 6.2. Subject to the terms of this Agreement, Premier agrees to sublicense the Third-Party Software to Customer only in object code form,only for use during the Term as part of the System and only for the purposes described in Section 6.1 above. This sublicense is conditioned on Customer's continued compliance with the terms and conditions of the end-user licenses contained on or in the media on which Third-Party Software is provided. 6.3. Other than as expressly set forth in Sections 6.1 and 6.2 above, Premier does not,expressly or by implication, assign or license any intellectual property rights to Customer or to any third party. 6.4. Upon expiration or termination of this Agreement for any reason, the licenses granted in this Agreement will terminate without further action by either Party,and Customer will cease all use of the Licensed Software. 7. Payment 7.1. In consideration of the products, licenses and services provided under this Agreement, Customer shall pay Premier the amounts specified in Exhibit A at the times specified therein. 7.2. Customer is responsible for all sales,excise,personal property or other taxes or duties on the amounts paid or products, licenses or services provided under this Agreement. If Customer is exempt from such taxes or duties, Customer shall provide Premier with a tax exemption certificate. 7.3. Due to the volatile nature of estimating costs associated with travel, delivery and postage, Premier reserves the right to modify any such quoted amounts with actual costs should the actual expenses be incurred more than 60 days beyond the date of Customer's execution of this Agreement. Premier agrees to provide Customer with Premier Election Solutions,Inc. Rental,License,and Services Agreement December 18,2008 Page 3 of 6 Version 2008-03 r) reasonable documentation concerning the amounts of any such expenses modified from the amounts previously quoted by Premier. 8. Limited Warranties 8.1. Premier warrants that, during the Term, the Premier Software will perform free of defects that would prevent the System from operating in conformity in all material respects with its Specifications, so long as such Premier Software is operated with hardware and software approved by Premier for use with such Premier Software. 8.2. Premier warrants that, during the Term, the Hardware will perform free of defects that would prevent the System from operating in conformity in all material respects with its Specifications, so long as such Hardware is operated with hardware and software approved by Premier for use with such Hardware. 8.3. The warranties in Sections 8.1 and 8.2 do not apply to the Third-Party Software or to any other third-party products.Notwithstanding the foregoing: 8.3.1.To the extent permitted by the manufacturers of Third-Party Software, Premier shall, during the Term, pass through to Customer all warranties such manufacturers make to Premier regarding the operation of such Third-Party Software. 8.3.2.Premier warrants that, during the Term, all components of the Hardware and Premier Software will interface and function properly with the Third-Party Software, so long as the Third-Party Software operates in compliance with all applicable manufacturers'warranties. 8.4. Premier will promptly undertake repair or replacement of any Hardware or Premier Software that fails during the Term to operate in accordance with any warranty under this Agreement. During the election cycle (one month prior to and after each election date), repair or replacement will be made within 48 hours after request for service. Such repair or replacement is Customer's exclusive remedy for such a failure. 8.5. PREMIER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 9. Limitation of Liability. Neither Party will be liable to the other Party under this Agreement for (1)consequential, special,punitive or incidental damages or(2)compensatory damages in excess of the total of all amounts payable under this Agreement during the six-month period preceding the event or events giving rise to liability. 10. Confidential Information. Neither Party will use or disclose the other Party's Confidential Information without the other Party's prior written consent."Confidential Information"means,as to Premier,the Premier Software and all user manuals and other documentation provided hereunder and, as to either Party,any information labeled confidential by the Party when it is disclosed.This paragraph does not apply to information(a)after it becomes publicly known through no fault of the receiving Party, (b)already rightfully in the receiving Party's possession when received as shown by the Party's records maintained in the ordinary course, (c)developed by the receiving Party without the use of the other Party's Confidential Information as shown by the Party's records maintained in the ordinary course or(d)required to be disclosed by law so long as the other Party is given immediate notice of the disclosure order or request(including requests under open records acts or other similar laws)that the information be disclosed and the fullest opportunity permitted by law to prevent or limit the disclosure. Each Party acknowledges that its breach of this Section 10 may cause the other Party substantial and irreparable harm for which the other Party would be entitled to equitable relief in addition to any available legal remedies. Each Party hereby waives any requirement to post bond or provide other security as a condition to receiving such equitable relief. 11. Force Majeure. Premier's obligations hereunder will be suspended so long as its performance is impeded or prevented by causes beyond Premier's reasonable control, including acts of God, embargoes, acts of war (including terrorist attacks),labor disturbances and acts or regulations of governmental entities. 12. Termination 12.1 Termination for Cause. If either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the non-breaching Party, the non-breaching Party may terminate this Agreement as of a termination date specified in that notice or in a subsequent notice delivered within the 30-day period. If the breach is of such a nature that it cannot be completely cured within the 30-day period, no default will occur if the Party receiving the notice begins curative action within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 12.2 Termination For Convenience. Premier Election Solutions,Inc. Rental,License,and Services Agreement December 18,2008 Page 4 of 6 Version 2008-03 11 12.2.1 Premier shall have the right to terminate this Agreement for any reason upon sixty (60) days' prior written notice to the other party. During the notice period, Premier shall continue to provide the agreed upon services, unless Customer shall direct that Premier cease all work, in which case the Agreement shall be deemed terminated consistent with the preceding during such notice period. 12.2.2 Customer shall have the right to terminate this Agreement for any reason with Premier retention of the rental price to the extent as prescribed: 12.2.2.1 Written notice received by Premier 30 days or more from Customer's first day of voting election, Premier shall retain 30%of the rental price. 12.2.2.2 Written notice received by Premier 29 days or less from Customer's first day of voting election,Premier shall retain 50%of the rental price. 13. Indemnification.To the extent permitted by law, and notwithstanding any other provision in this Agreement to the contrary, each party to this Agreement shall indemnify, defend, and hold harmless the other party and its officers, directors, agents, employees, and owners from and against any and all demands, claims, damages to persons or property, losses,and liabilities, including reasonable attorneys'fees(collectively, "Claims"), arising solely out of or solely caused by the indemnifying party's gross negligence or willful misconduct in connection with the services contemplated by this Agreement. 14. Risk of Loss Insurance. Customer shall bear the entire risk of loss or damage to the Hardware and Licensed Software.The occurrence of any such loss or damage shall not permit Customer to delay or reduce the payment of any fees prescribed under this Agreement. Customer may,at its own expense and option,obtain and maintain property and casualty insurance for the Hardware and Licensed Software against all risks of loss or damage. The amount of such insurance shall not be less than the replacement cost of the Hardware and Licensed Software. All policies for such insurance shall (i)designate Premier as a named insured and Premier and Customer as loss payees, as their interests may appear and(ii)contain a provision that entitles Premier to at least fifteen(15)days'written notice prior to cancellation or modification of such insurance policy. Customer shall provide Premier with a certificate of insurance with respect to Isuch policy on or before the time of delivery of the System. Customer shall not be relieved of the obligation to reimburse Premier for the costs associated with damage or loss to Premier's Hardware and/or Software by failing to obtain the insurance coverage as described above. For purposes of calculating insured loss, Premier shall provide replacement copies of lost or damaged Premier Software for the cost of materials,provided that Premier provides Customer with proof of loss or damage. 15. Miscellaneous 15.1 Neither Party may assign any rights or delegate any obligations under this Agreement without the prior written consent of the other Party; provided that Premier may, upon 30 days' prior written notice to Customer, assign its rights and delegates its obligations under this Agreement to another entity controlled, directly or indirectly, by Diebold, Incorporated, and may, upon prior notice to Customer, subcontract obligations under this Agreement to third-party providers.Any attempted assignment in violation of this Section will be null and void. 15.2 If any term of this Agreement is held to be unenforceable,the other terms of this Agreement will be enforced to the fullest extent permitted by law. 15.3 This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 15.4 This Agreement will be governed by and construed under the laws of the State as identified on page 1 of this Agreement, and the state and federal courts within said State have non-exclusive jurisdiction for all actions to enforce this Agreement. 15.5 No waiver or failure by a Party to assert any right under this Agreement on any one occasion will operate as a waiver of any other right on that occasion or any right on any other occasion. 15.6 All notices under this Agreement will be delivered personally,sent by confirmed facsimile transmission,sent by nationally recognized express courier or sent by certified or registered U.S. mail, return receipt requested, to the address shown below or such other address as may be specified by either Party to the other Party in compliance with this Section. Notices will be deemed effective on personal receipt, receipt of such electronic facsimile confirmation,two days after such delivery by courier and four days after such mailing by U.S.mail. 15.7 This Agreement, including the Exhibit attached hereto as of the Effective Date(which are incorporated herein by this reference), is the complete and final expression of the Parties' agreement regarding its subject matter and supersedes all prior or contemporaneous communications or agreements, written or oral, by the Parties regarding Premier Election Solutions,Inc. Rental,License,and Services Agreement December 18,2008 Page 5 of 6 Version 2008-03 - - - - - - - ailing f that subject matter. In the event of any conflict or ambiguity between the terms set forth in the body of this Agreement(i.e.,Section 1.1 through this Section 15.7)and those set forth in the attached Exhibit,the terms set forth in the body of this Agreement will prevail. No amendment or supplement to this Agreement is effective unless in writing and signed by both Parties' authorized representatives. In this Agreement, the word "include" (or any of its derivatives) is deemed to be followed in all contexts by the words "without limitation." Headings are included for convenience and will be ignored in interpreting this Agreement. EXHIBIT A SEE ATTACHED QUOTATION FORM FOR DETAIL RENTAL DESCRIPTION AND PRICING Any quote(s)attached to this Agreement shall be incorporated therein for all purposes. 1 Payment Terms Customer shall pay the amounts indicated within 30 days from receipt of Premier's invoice. , Premier Election Solutions,Inc. Rental,License,and Services Agreement December 18,2008 Page 6 of 6 Version 2008-03 Rental Quote ; �. PREMIER __ ELECTION SOLUfHON5 A.Box 705011 Date 12/18/2008 LaDonna Floyd lien TX 3 Wiled States Customer Contact Customer Phone (409)723-1505 Sales Rep Estimate# QT11397 Ship Via Actual Shipping Bill To Memo (wants to keep equipment) LaDonna Floyd Required Delivery Date 4/3/2009 City of Nederland Elections Division PO Box 967 Election Date 5/9/2009 Nederland TX 77627 United States Expected Return Date 6/6/2009 Ship To Special Instructions LaDonna Floyd City of Nederland Elections Division 1400 Boston Ave. Nederland TX 77627 United States yy�..�� s rtetf'NUnthe .w.Y 1�ti tv,1� .. 3.14�.'y; 7 z.��i'; k "1: r Y .. 9 "at1t,. TSX TURNKEY ELEC... 1 'Equipment and services kit for TSX Turnkey rental. 4,500.00' Equipment Includes: 2 TSX units 2 memory cards 4 encoders I 10 voter access cards , 2 TSX roller bags 2 VIBS kits 1-2211-RNTL 6 AccuVote Touch Screen -TSX Rental ' 1,950.00 1 641-1400-RNTL 6 TSX Memory Card 128 KB Rental 570.00 i 312-3121-RNTL 4 VIBS(ADA Set) ! 140.00 341-1122-RNTL 10 Voter Card Encoder Rental 750.00 642-1123VCG-RNTL 26 Voter Cards Rental 130.00 1 I 642-1123SCG-RNTL 5;Supervisor Card Rental 25.00 I RNTL 165 100 i Ballot Printing 100.00 (RNTL 510 1 Election Day Support(Split Support with Port Neches and Port Neches/Groves ISD) ? 666.66 I IRNTL 905 1 Travel Expenses(L&A,Split Training,Split ED Support) 1,200.00 i Discount-Rentals 10%Early Discount -1,000.50 4 I i Discount-Rentals Split Training Discount(Training with Port Neches and Port Neches/Groves ISD) -600.00 j i I i. I ; L ...__----- ___._— f_ ___ i L_ _I 11 Subtotal 8,431 16 Shipping Cost(Actual Shipping) 600.00 Total $9,031.16 his quote is good for 30 days. 11 111111111111111111111 II III 0111397 I INTERLOCAL GOVERNMENT AGREEMENT This agreement is made this 102 day of � 'l(-44-kA.y , 2009, by and between the City of Nederland ("the City") an Nederland Tridependent School District ("NISD"). WHEREAS, the City of Nederland and Nederland ISD will conduct their general election on May 9, 2009; 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 9, 2009. The implementation, conduct and management of the election shall include, but not be limited to: a. The securing of qualified individuals to serve as election judges for the polling place. Each entity's election order shall designate the joint election judges. b. Providing Nederland City Hall, 1400 Boston Avenue, as the polling location. c. The securing of the election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of DRE voting equipment to be used in the election. d. The 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 9, 2009, election is: a. City of Nederland will first fund all costs in full, other than the publication of each entity's Notice of Election. b. NISD will reimburse the City of Nederland for certain costs as follows: One-half(1/2) of the cost of early voting. One-half (1/2) of the cost of publication of all jointly required notices. One-half (1/2) of the costs of programming, rental of DRE voting equipment, election supplies, election worker training session, Presiding Judge, Alternate Presiding Judge, and Election Day Clerks, Early Voting Ballot Board, 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. 020 PASSED AND PROVED by the City Council of the City of Nederland on this /a day of O1uCU A. , 2009. / d--/2/ .01,1-() R. A. Nugent ayor City of Neder and, Texas ATTEST: ! 'tl^'-P,. . I ' • LaDonna Floyd, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: l"--- D 5hes, ity Att City of Nederland, Texas PASSED AND APPROVED by the Board of Trustees of the Nederland Independent School District on this day of , 2009. 3 Nederland Independent School District I f;2 CITY OF NEDERLAND ORDINANCE NO.2009-01 ENTITLED AN ORDINANCE BY THE CITY OF NEDERLAND,TEXAS("CITY")APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED IN THE STATEMENT OF INTENT TO CHANGE RATES ("STATEMENT OF INTENT") FILED IN THE CITY ON DECEMBER 19, 2008; APPROVING AN EARLY EFFECTIVE DATE OF THE RATE CHANGE; 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 and charges in the ETI Service Area by $107.5 million per year in addition to an expected $5 million annual increase to its Miscellaneous Service Schedule charges resulting in about a$112 million annual increase to customers;and WHEREAS,the City 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 further extend the effective date of rates; and WHEREAS,the City intervened at the Public Utility Commission of Texas("PUC")in PUC Docket No.34800 with other cities("Cities")and parties to review ETI's proposed rates, operations and services of an electric utility pursuant to City authority under the Public Utility Regulatory Act§33.025;and WHEREAS,on or about May 13,2008,the Community Association of the Woodlands ("CATW"),the Kroger Co.("Kroger"),Office of Public Utility Counsel("OPUC"),Texas Legal Service Center("TLSC"),the Texas Ratepayers Organization to Save Energy("Texas Rose") and ETI entered into a non-unanimous settlement("NUS"),the Entergy Service Cities'Steering Committee recommended approval of the terms of the NUS to the Cities;and WHEREAS,the merits and the reasonableness of the NUS was reviewed and approved by three Administrative Law Judges("ALJs")at the State Office of Administrative Hearings ("SOAH")and the ALJs concluded that the NUS and settlement rates are reasonable and in the public interest;and WHEREAS, Cities rate consultants and attorney retained to review this matter recommended approval of the NUS rates;and WHEREAS, during October and November 2008, Cities passed rate ordinances approving the NUS rates which were not appealed by ETI and have become final lawful rates in the City;and WHEREAS,on or about December 11,2008,ETI reached a new settlement agreement with the PUC Staff,Industrial customers and State of Texas,parties who were not part of the NUS,for rates that are lower than the NUS levels as show on Attachment A;and WHEREAS,the NUS rates approved by the City have not yet been implemented by ETI, and the Company now proposes to implement the new lower settlement rates on a system-wide basis;and WHEREAS,ETI proposes that implementation of the lower rates is good cause to allow ETI to implement the new lower settlement rates earlier than the 35 day period prescribed by PURA§36.102 to accomplish uniform system wide rates. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: 022 Section 1. The statement and the findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Nederland,Texas hereby approves the rates requested by ETI in its December 19,2008 Statement of Intent Section 3. The City of Nederland, Texas finds good cause to grant ETI's request to implement the new lower rates earlier than the 35 day period prescribed by PURA§36.102,so customers within the City may benefit from lower electric rates and charges. Section 4. The effective date of the rate change is for bills rendered on and after January 28, 2009. Section 5. 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 6. The ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 12th day of January ,2009. i�Wit_ R.A.Nugent/4 ayor City of Nede and,Texas ATTEST: o—^ne r� LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: c `D.Hughes,, ç1i4-t-- - 1ichard Attorney City of Nederland,Texas I ATTACHMENT A I IMPACT OF ETI DECEMBER 19,2008 STATEMENT OF INTENT TO CHANGE RATES LINE RATE City Approved ETI December 19,2008 ETI Proposed Percent NO. CLASS NUS Rates Rate Proposal Rate Reduction Reductiom 1 Residental $268,983,447 $265,878,562 -$3,104,885 -1.15% 2 Small General Service $19,905,680 $17,937,790 -$1,967,890 -9.89% 3 General Service $119,648,970 $116,169,099 -$3,479,871 -2.91% 4 Large General Service $36,045,490 $34,669,798 -$1,375,692 -3.82% 5 Large Industrial Power Service $96,627,687 $84,946,265 -$11,681,422 -12.09% 6 Lighting $7,063,685 $7,097,980 $34,295 0.49% 7 Total System $548,274,959 $526,699,494 -$21,575,465 -3.94% 1 024 tp.50NY��G w ,!' ; ?'EXAS 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 $1,494,118.45, represents all taxes collected for CITY OF NEDERLAND during the month of December 2008. Miriam K. Johnson tz REGULAR MEETING OF THE CITY COUNCIL OF THE 425 CITY OF NEDERLAND 6:00 p.m. January 26, 2009 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 January 12, 2009 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 6:01 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 1103 South 12th Street 3535 Helena 2415 Nederland Avenue 416 Nederland Avenue 316 North 5th Street Rod Hatch, Building Official, gave a brief report on 1103 South 12th Street and 2415 Nederland Avenue. He stated that both would require more than 50% of the fair market value to rebuild or make habitable. Mr. Hatch added that they 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. Mr. Hatch also reported on the structures located at 316 North 5th Street and 416 Nederland Avenue. He stated that these structures have had significant repairs and the owners have agreed to continue making repairs to meet code requirements. Mevelyn Manning, 416 Nederland Avenue, stated that her building suffered damage during Hurricane Rita and she had begun some repairs prior to Hurricane Ike. She added that she currently has a contractor working on the outside of the structure. Mrs. Manning would like to have one year to make all the necessary repairs but feels she can make a substantial difference in 90 days. Marcus Phares, 316 North 5th Street, stated that he has completely remodeled the inside of his house and will be able to complete the outside repairs within 90 days. J 026 Minutes continued, January 26, 2009 Waleed Khan, 2415 Nederland Avenue, stated that he would like to be able to make the necessary repairs to the structure and if he finds that it will not be possible he will demolish the building. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 6:20 p.m. by Mayor Nugent 4. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to set a 90-day time period for James Collins to comply with the demolition and removal of the house located at 1103 South 12th Street, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to postpone action regarding the rehabilitation or condemnation and demolition of abandoned and dilapidated structure at 3535 Helena. 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 Rogers to set a 90-day time period for M. A. Khan to comply with the demolition and removal of the structure located at 2415 Nederalnd Avenue, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to set a 90-day time period for Mevelyn Manning to comply with the demolition and removal of the structure located at 416 Nederalnd Avenue, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to set a 90-day time period for Marcus Phares to comply with the demolition and removal of the structure located at 316 North 5th Street, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. i# Minutes continued, January 26, 2009 027 5. ORDINANCES A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve Ordinance No. 2009-02, waiving zoning restrictions regarding travel trailers as related to Hurricane Ike. 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 an Amendment to Ordinance No. 2008-09, establishing a Parks and Recreation Advisory Board. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. STORM WATER MANAGEMENT A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve an Interlocal Agreement with the Cities of Port Neches, Groves, and Port Arthur, Jefferson County, and Jefferson County Drainage District No. 7 pertaining to the implementation of a regional storm water management program. 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 approve a contract with Carroll & Blackman, Inc. for engineering and scientific consulting services associated with a regional storm water management program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. FINANCE - INVESTMENT REPORT A motion was made by Councilmember Rogers and seconded by Councilmember Neal to accept the Quarterly Investment Report for the quarter ending December 31, 2008, as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. BUDGET A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve an amendment to fiscal year 2008-2009 budget in the Water & Sewer Fund - transferring $25,000.00 from Transfer to Equipment Replacement Fund to Fixed Plant & Equipment Repairs & Maintenance for centrifuge repairs at the Wastewater Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 028 Minutes continued, January 26, 2000 9. WAIVER A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to authorize Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the City limits of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. ELECTION A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve Resolution No. 2009-01, calling for an election to be held May 9, 2009 for the purpose of electing two (2) Councilmembers - one from Ward I and one from Ward III, and appointing a Presiding Judge, Alternate Presiding Judge, Clerk for Early Voting and Presiding Judge of the Central Counting Station. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. BIDS/PROPOSALS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to award bids received for the Beauxart Garden Road project to Brystar Contracting, Inc. in the amount of$1,242,278.90. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. EXECUTIVE SESSION The regular meeting was recessed at 6:46 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 551.071, City of Nederland v. Entergy Gulf States, Entergy, Inc. and Entergy Services, Inc.; and consultation with City Attorney. 13. RECONVENE The regular meeting was reconvened at 7:25 p.m. by Mayor Nugent. 14. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to rescind the proposed water supply and sales agreement by and between the City of Nederland and Aqua Utilities, Inc. d/b/a Aqua Texas, Inc. that was approved on November 24, 2008, and approve a revised water supply and sales agreement with Aqua Texas, Inc.. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 029 Minutes continued,January 26, 2009 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve the Operations & Maintenance contract with Aqua Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 15. COMMUNICATIONS None. 16. ADJOURN There being no further business a motion was made by Councilmember Griffin and seconded by Councilmember Rogers to adjourn the meeting at 7:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, ayor City of Nede nd, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland,Texas 030 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor r Robert Sawyer Council Member—Ward I V Billy Neal Council Member—Ward ll Debby Griffin Council Member—Ward III / Bert Rogers Council Member—Ward IV ✓ Chris Duque City Manager vV LaDonna Floyd City Clerk Richard Hughes City Attorney ✓ Cheryl Dowden Director of Finance L/ Darrell Bush Police Chief t,./ I Gary Collins _Fire Chief r✓ Steve Hamilton Director of Public Works j✓ Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager d1 Corrie Zepeda Acting City Clerk R.A.Nugent, yor LaDonna Floyd,City Clerk I (-0e-(0 9 Date ■ 031 INTERLOCAL AGREEMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X This Contract is made by and between the City of Nederland,the City of Port Neches,the City of Groves,the City of Port Arthur,Jefferson County(hereinafter called "Entities"),and Jefferson County Drainage District No.7(hereinafter called"District") under authority of the Inter-local Cooperation Act,Texas Revised Statutes ANN.Article 4413(32c). The Entities and the District agree as follows: WITNESSETH: The Entities and the District agree that it would be advantageous to implement portions of a regional storm water management program(SWMP)and other associated permit compliance activities for the Texas Pollutant Discharge Elimination System (TPDES)Phase II Storm Water Discharge Permit. The Entities and the District agree to participate in coalition meetings to address implementation tasks necessary for permit compliance.The coalition meetings will address tasks required of each participant.Each entity will be billed equally for the coalition meetings regardless of whether or not a representative from that entity has attended the meeting.Each coalition entity will be billed separately by the contractor holding the meetings if applicable.Coalition members that meet separately from the coalition with the contractor or employ the contractor for work directly for that entity will need to compensate the contractor separately for those services. 1 INTERLOCAL AGREEMENT Jefferson County Drainage District No.7,City of Nederland,City of Port Neches,City of Groves, City of Port Arthur,and Jefferson County 032 EXECUTED this ( day of 90,1 t,�� ,2008. ' ATTEST: JEFFERSON COUNTY DD7 By: / . CITY OF NEDERLAND By: CITY OF PORT NECHES By: CITY OF GROVES By: t CITY OF PORT ARTHUR By: JEFFERSON COUNTY By: 1 CITY OF NEDERLAND O I)r; �i ORDINANCE NO.2009-02 J AN ORDINANCE TEMPORARILY WAIVING THE ZONING RESTRICTIONS UNDER ORDINANCE NO. 259 TO ALLOW TRAVEL TRAILERS TO BE PLACED ON PRIVATE RESIDENTIAL PROPERTY DAMAGED BY HURRICANE IKE; ESTABLISHING A WAIVER PERIOD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Nederland finds that Hurricane Ike struck the Texas Coast on September 13, 2008, causing massive destruction and a temporary housing emergency in the City of Nederland,Texas;and WHEREAS,the City Council of the City of Nederland finds that the placement and occupancy of travel trailers on private properties within the City is necessary due to certain hardships caused by the extensive damage to residential and commercial property caused by Hurricane Ike. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1. That the restrictions imposed by Nederland Trailer Park Ordinance 259 prohibiting the placement and occupancy of travel trailers on property outside of Trailer Park Districts without approval on hardship grounds by the Trailer Park Board of Appeals are temporarily waived and suspended but only as to the following: (1)property owners using travel trailers for their personal housing on their residential property damaged by Hurricane Ike;and(2)commercial,governmental,and/or insurance related businesses requiring additional office space or relocation due to Hurricane Ike. Section 2. The waivers granted in this Ordinance apply to the period from September 13, 2008,through April 30,2009. All waivers granted herein are revoked effective May 1, 2009,unless further extended by Ordinance adopted by the City Council of the City of Nederland. WHEN EFFECTIVE: This Ordinance shall be effective from and after its passage and publication of the caption of this Ordinance. PASSED AND APPROVED this the 26th day of January,2009. R.A.Nu ent, or City of Nederl d,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Ri hard ugltes,City Attorney City of Nederland,Texas O AMENDMENT TO ORDINANCE NO.2008-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 2008- 09; PROVIDING FOR THE CREATION OF THE NEDERLAND PARKS AND RECREATION BOARD; DETERMINING THE TERM OF OFFICE; PROVIDING FOR THEIR DUTIES AND THE METHOD OF APPOINTMENT;AND DESIGNATING THE FIRST MEMBERS THEREOF AND THEIR TERM OF OFFICE AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS,the City of Nederland operates and maintains a municipal park system; and WHEREAS, Ordinance No. 2008-09 established regulations for governing parks and related facilities within the City of Nederland;and WHEREAS, the need to enhance the current quality and level of services provided by the Parks&Recreation Department has been identified as a priority;and WHEREAS, the mechanism to solicit public input during this process would most effectively and efficiently function as an advisory board; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: Section 1: Chapter 76 of the Code of Ordinances, City of Nederland, Texas is hereby amended by adding the new section numbered 76-2,which reads as follows: Sec.76-2. Nederland Parks and Recreation Board There is hereby established the Nederland Parks and Recreation Board, which shall be composed of five members. The terms of office for said Board shall commence on February 1' of each year and shall be three years, and the members thereof shall be appointed by and with the advice and consent of the City Council. Councilmembers may appoint members who reside in their ward; the Mayor may present a member who resides in any ward. Members hereafter appointed to fill vacancies on said Board shall hold terms of office for three years, provided that where the appointment is to fill a vacancy of an existing member prior to expiration of his term, such appointment shall be for the remainder of the term of his predecessor. Duties: The duties of said Board shall be to advise and recommend to the City Council on all matters to the maintenance and operation of all parks within the City and the maintenance and operation of recreation programs for the City of Nederland and its inhabitants. It shall be the duty of the Board to annually recommend to the City Council appointees to the Board, such appointees to be selected by the Board by system of vote or ballot to be determined by the Board. Said Board is authorized to establish its own constitution and by- laws,and shall provide for regular and special meetings necessary to carry on its business, separate and apart from the City of Nederland,except as herein provided. The Board shall be responsible for making recommendations and suggestions to the City Council for the establishment of parks and recreation programs for the City of Nederland. Said Board shall not be authorized to incur on behalf of Nederland any expense incident to the operation of said parks and recreation program, unless expressly authorized so to do by the City of Nederland; and for their supervision,maintenance and operation and implementation. Section 2: The term of the members appointed to represent Ward I and Ward III shall expire on January 31, 2011, and the term of the members appointed to represent Ward II,Ward IV,and the Mayor's appointee shall expire on January 31,2012. Section 3: All ordinances hereto passed by the City of Nederland contrary to or in conflict with this ordinance are hereby expressly repealed. CONSIDERED, APPROVED A� PASSED at regular meeting of the City Council oar this the O2 f" day of r,r`Kat ,2009. diOri ' R.A.Nugent,Ma r City of Nederlan ,Texas ATTEST: LaDonna Floyd,City Cler k City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Attorney City of Nederland,Texas 1 036 STATE OF TEXAS § § 'COUNTY OF JEFFERSON § AGREEMENT FOR ENGINEERING AND SCIENTIFIC CONSULTING SERVICES This agreement,made and entered into this c_,11.;,31.-,day of ,200 by and between 1.21,)��,;.f ,hereinafter called the"Owner",and Carroll&Blackman.Inc.,hereinafter called the"Consultant". RECITALS Owner desires to obtain professional engineering and/or scientific services in connection with various Projects. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF CONSULTANT The Owner agrees to employ the Consultant and the Consultant agrees to perform professional engineering and/or scientific services,as more particularly described in the sections to follow,in connection with the Projects,and in consideration for having rendered such services,the Owner agrees to pay the Consultant compensation as stated in the Section to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Consultant shall render the professional services necessary for development of the various projects. These services will include serving as the Owner's professional engineering and/or scientific representative for the Projects,providing professional engineering and/or Page 1 of 8 03r scientific consultation and advice to the Owner,and preparing construction plans,specifications and cost estimates,if requested. Any provision or part of this agreement held to be void or unenforceable shall be deemed stricken,and the remaining provisions shall be binding on the Owner and the Consultant. SECTION III AUTHORIZATION OF SERVICES The Consultant shall be authorized to proceed with the services outlined in Section II upon execution on this Agreement. SECTION IV PERIOD OF SERVICES This agreement shall be effective upon execution by the Owner and the Consultant,and shall remain in force until work is completed or terminated under the provisions hereinafter provided in Section XII. SECTION V COORDINATION WITH THE OWNER The Consultant shall hold periodic conferences with the Owner,or its representative,in order to obtain full benefit of the Owner's experience and knowledge of existing needs and facilities,and to be consistent with its current policies and construction standards. To implement this coordination,the Owner shall make available to the Consultant,for his use,all relative existing plans,maps,field notes,statistics,computations and other data in his possession. Page 2 of 8 038 SECTION VI THE CONSULTANT'S BASIC COMPENSATION ' For and in consideration of the services to be rendered by the Consultant,the Owner shall pay,and the Consultant shall receive,the compensation hereinafter set forth. All remittances by Owner of such compensation shall either be mailed or delivered to Consultant's office. Payments to the Consultant for authorized services will be made timely,by the Owner, upon presentation of monthly statements by the Consultant of such services. The monthly statements will be based on the hourly rate schedule attached as Exhibit"A".As stated in Exhihit"A",hourly rate schedules shall be re-issued at the beginning of each calendar year to reflect annual changes in rates. SECTION VII RECORDS The Consultant agrees to keep accurate records,including time sheets and travel vouchers,of all time and expenses allocated to the performance of Contract work. Such records shall be kept in the office of the Consultant and shall be made available to the Owner for inspection and copying upon request. Records shall be maintained in accordance with the Owner's record retention policy. SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The Consultant will make such revisions of the preliminary drawings as may be required to meet the needs of the Owner. After a definite plan has bee approved by the Owner,if a decision is subsequently made by the Owner which,for it proper execution,involves extra Page 3 of 8 afi services and expenses for changes in,or addition to the drawings,specifications or other documents,the Consultant shall be compensated for such extra services and expenses. Compensation for such extra services shall be at the hourly rates listed in Section VI. If,however,revisions to the drawings,specifications or other documents become necessary due to errors in the Consultant's work,then the Consultant shall make such revisions at no expense to the Owner. SECTION IX OWNERSHIP OF DOCUMENTS Original documents,plans,designs and survey notes developed in connection with services performed hereunder belong to,and remain the property of the Owner. The Consultant may retain reproducible copies of such documents. SECTION X INDEMNIFICATION Consultant shall indemnify and save harmless the Owner and its officers and employees from all suits,actions,losses,damages,claims or liability of any character,type or description, including without limiting the generality of the foregoing,all expenses of litigation,court costs and attorney's fees for injury or death to any person,arising out of,or occasioned by,the negligent acts and/or omissions of Consultant,its employees and sub-contractors,in the execution or performance of this contract. This indemnification will survive the completion of all services of Consultant under this agreement or the termination of this agreement. Page 4 of 8 040 SECTION XI INSURANCE The Consultant shall,within one week after signing the contract and before any work shall start,furnish the Owner with certificates of insurance satisfactory to the Owner indicating the existence of Statutory Workmen's Compensation Insurance,and comprehensive General Liability Insurance. Such insurance shall be at the Consultant's expense. The limits shall be as follows: Workmen's Compensation Insurance in accordance with the laws in the jurisdiction(s)of the work area. Comprehensive General Liability and Automobile Liability Insurance shall not be less than$200,000.00 per incident/$500,000.00 per occurrence. Automobile Liability for scheduled autos,hired autos and non-owned and all autos in the amount of$500,000 combined single limit. Excess Liability Insurance(umbrella)to cover items 1,2&3 with a combined single limit for bodily injury and property damage of$1,000,000. Professional Liability Insurance covering the Consultant and any engineering and/or scientific subcontractors in the amount of$500,000. The certificates shall contain a provision that the Owner shall be notified thirty(30)days before cancellation of the insurance. The Consultant shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provisions hall be made without thirty(30)days written notice to the Owner. SECTION XII TERMINATION I Either party to this Agreement may terminate the Agreement,without prejudice to other Page 5 of 8 1 041 remedies,by giving to the other seven-days notice in writing. Upon delivery of such notice by the Owner to the Consultant,and upon expiration of the seven-day period,the Consultant shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination,the Consultant shall submit a statement,showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Consultant promptly that proportion of the undisputed charges for services as have been previously made. Copies of all completed or partially completed documents prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated. In the event that termination of this agreement is due to Consultant's default or neglect of work in accordance with authorized services,the Owner may correct the deficiencies and complete the work of the Consultant. The Owner shall deduct all costs incurred in correcting deficiencies in the work of the Consultant from the contract of the Consultant. In the event the cost to complete exceeds Consultant's contract balance,Consultant shall promptly reimburse the Owner. SECTION XIII ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communications under this Agreement to be mailed or delivered to the Consultant shall be to the following address: Carroll&Blackman Inc. 3120 Fannin Street Beaumont,Texas 77701 Attn: Kim Carroll,P.E. Page 6 of 8 042 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: SECTION XIV SECTION CAPTIONS Each section under the contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any section or in any way determine its interpretation or application. SECTION XV SUCCESSORS AND ASSIGNMENTS The Owner and the Consultant each binds himself and his successors,executors, administrators and assigns to the other party of this Agreement and to the successor,executors, administrators and assigns of such other party,in respect to all covenants of this Agreement. Except as above,neither the Owner nor the Consultant shall assign,or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. Page 7 of 8 04. SECTION XVI MODIFICATIONS This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed.Any oral or written representations or modifications concerning this instrument shall be of no force or effect,excepting a subsequent modification in writing signed by both parties. EXECUTED this i-!, day of 9 CtrieA 0.4_ ,20 01? . al- ATTEST: By a r r— r„ 9.,(2,, Title 2j r Title ier ATTEST: CARROLL&BLACKMAN,INC. By By Title Title Page 8 of 8 044 ENGINEERING/SURVEYING FEES 2008 Principal-Registered Professional Engineer $150.00 per hour Senior Project Engineer $135.00 per hour Project Engineer and Registered Professional Land Surveyor $120.00 per hour Computer Programming Specialist $140.00 per hour GIS Specialist $110.00 per hour Senior Environmental Scientist $140.00 per hour Environmental Scientist $105.00 per hour Environmental Technician $ 85.00 per hour Engineer In Training (EIT) Level 1 $ 85.00 per hour Level 2 $ 98.00 per hour Technician VI (Project Manager, Sr. Designer, Real Property Spec.) $112.00 per hour Technician V(Designer, Survey Coordinator) $ 95.00 per hour Technician IV(Autographics Operator, Office Survey Technician) $ 80.00 per hour Technician III (Jr.Autographics Operator, Field Survey Party Chief) $ 65.00 per hour Technician II (Data Entry/Field Survey Technician) $ 55.00 per hour Resident Project Representative $ 83.00 per hour Secretary/Typist $ 50.00 per hour Two Man Survey Party $125.00 per hour Three Man Survey Party $160.00 per hour Two Man Survey Party(Haz-Mat Trained) $175.00 per hour Reimbursable expenses such as outside reproduction services, courier service, photo processing, and sub-consultant services will be invoiced at cost plus 10%. Rates are adjusted as necessary at the beginning of each calendar year to reflect increases in cost of operation, inflation, etc. Invoices based on these rates or on any other contractual arrangements with Carroll & Blackman, Inc. are NET 30 DAYS unless specific arrangements/agreements are made. If payment is not received within 30 days, project work will proceed at our discretion. Finance charges will be assessed on overdue accounts at the rate of 2% per month compounded daily. 1 R:\BILLINGUtate Sheets\2007 STD Rate.wpd 045 Jefferson County Mosquito Control District Organized in 1950 Lee A. Chastant, Director Advisory Commission: 8905 First Street I 1 Dr. M.O. Way, Chairman Beaumont, Texas 77705 0', '. ,% • Robert J. Bentley, Secretary Phone: (409)722-5350 r.:7/ George Mitchell Fax: (409)727-4176 -1/ Paul Jones lhastant@co.jefferson.tx.us Wayne Morris January 2, 2009 AERIAL WAIVER Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. /(�L Signature: Mayor's Office,Of of Nederland, Texas n yn1 Date: ,,n, k Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JWH/dw 2 046 RESOLUTION 2009-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 9, 2009; 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 9, 2009 there shall be elected the following officials for this City: One(1)Council member,Ward I One(1)Council member,Ward Ill 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, 2009, 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 91v`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 7,2009,which is a Saturday,therefore, will be moved to the next regular business day, February 9, 2009 at 8:00 a.m., with the last day for filing to be March 9, 2009 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. Ashlee Floyd will serve as Presiding Judge and Brittany Eccles will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed three(3)clerks. The polls at the above designated polling place shall on said Election Day be open from 7:00 a.m.to 7:00 p.m. LaDonna Floyd is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue,Nederland,Texas,and said place of Early Voting shall remain open for at least eight(8)hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12`n)day and continuing through the fourth (4m)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 0., , )) the early voting period consists of six or more weekdays, therefore, early voting i by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, April 28, 2009 and Tuesday, May 5, 2009. The above described place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mail may be sent. The Early Voting Ballot Board shall be created as provided by Election Code Sec.87.001. Ashlee Floyd is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two(2)clerks to serve on the Board. LaDonna Floyd is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. 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 26th day of January,2009. R.A.Nugent,Mt' yor City of Nederland,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Lk,. Richard D.Hughes,City Attorney City of Nederland,Texas 048 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. February 9, 2009 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 Mayor Pro Tern Sawyer to approve the minutes of the January 26, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve payment of the bills for the month of January. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Griffin and seconded by Mayor Pro Tem Sawyer to authorize the closure of various City streets for Nederland Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. PARKS AND RECREATION A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers 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. 11 Minutes continued, February 9, 2009 049 6. ORDINANCES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve an Amendment to Ordinance No. 164, changing the scheduled meeting dates for the month of March 2009. 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 Ordinance No. 2009-03, amending the FY 2008-2009 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. RESOLUTION A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve Resolution No. 2009-02, authorizing participation with other Entergy service area cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. HEALTH AND DENTAL INSURANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a contract with City-County Benefits Services for services associated with the negotiating, bidding, and awarding of employee benefits; appointing Terry Hale of City-County Benefits Services as the agent of record for the purpose of managing the competitive bid process for employee group benefits; and, approve extension of an Interlocal Agreement with the City of Port Neches regarding employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. CONTRACTS/AGREEMENTS A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to approve an Interlocal Contract with South East Texas Regional Planning Commission concerning 9-1-1 service and funding. 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 work authorization contract with Carroll & Blackman, Inc., for engineering and scientific consulting services for Phase II MS4 Permit Implementation Services in an amount not to exceed $8,893.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 050 Minutes continued, February 9, 2009 A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve an agreement with Schaumburg & Polk, Inc. for construction phase services relating to the Beauxart Garden Road project in the amount of $122,300.00. 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 contract with Schaumburg & Polk, Inc. for engineering services related to sewer line replacement services in the amount of $66,700.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. PURCHASE A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve the purchase of a new trash truck through Buy Board not to exceed $200,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. BOARDS AND COMMISSIONS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to appoint the following individuals to the Parks Advisory Board: Marty Byrd, Sal Zepeda, Brent Weaver, )Della Harvey, and Sylvia Root. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. BIDS A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to authorize the advertisement of bids for the repair and painting of two (2) elevated water storage tanks. 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 Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 14. COMMUNICATIONS None. Minutes continued, February 9, 2009 051 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 3:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 0R. A. ut�yo City of NederXand, Texas ATTEST: 6ecko„.„)„, LaDonna Floyd, City Clerk City of Nederland,Texas I 052 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 111 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 _ I.f 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 / I Gary Collins Fire Chief V Steve Hamilton Director of Public Works J../ Rod Hatch Building Official '/ Victoria Klehn Librarian L. Kelly Galloway Assistant to the City Manager V Corrie Zepeda Acting City Clerk iV ,Razr- R.A.Nugent(pAayor LaDonna Floyd,City Clerk Date 053 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MARCH 9, 2009 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: March 9, 2009 April 13, 2009 The remainder of the meetings shall begin at 6:00 p.m. on the following dates: March 30, 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 9th day of February, 2009. Al 1� , R. A. Nugen( ayor City of Ned- and, Texas ATTEST: off'- a a1 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Richard D. Hughes, ity Attorney City of Nederland, Texas I 054 ORDINANCE NO.2009-03 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 revenues and expenditures as set out in Attachment"A"and Attachment`B"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; WHEREAS,the City Council finds that the budget for 2008-09 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 2008-09 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment"A"and Attachment`B." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 9th DAY OF FEBRUARY,A.D., 2009. R.A.N ge ayor City of Nederland,Texas 055 BUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2008 in the amount of$3,934 and increase line items as detailed below: Increase 01-22-00-6265 Supplies/Minor Tools&Equipment $2,534 Increase 01-22-00-6333 Training&Travel 1,400 Funds were received in prior fiscal year from donations by Sunoco and Chevron to be utilized for rescue team use. Hurricanes Gustav and Ike forced the cancellation of a training session and delayed equipment order. MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCHING FUND Amend Mid-County Municipal League Central Dispatching Fund by appropriating unencumbered funds remaining at September 30,2008 in the amount of$20,000 and increase line item as detailed below: Increase 70-21-00-6210 Office Supplies $20,000 Upgrade of central dispatch computers due to their age and software requirement. Funds were received in prior fiscal year for the 9-1-1 Network and have been authorized for use of dispatch operations. BUDGET ORDINANCE AMENDMENT—ATTACHMENT B PARKS&RECREATION SPECIAL FUND Amend as follows: Increase 25-00-00-4700 Miscellaneous Revenue $ 17,436 Increase 25-51-00-6351 Fixed Plant&Equipment R&M 17,436 Funds were received from Oiltanking Beaumont Partners for pipeline installation in the City right-of-way. Unanticipated costs are required to repair Doornbos Park Lighting and will require electrician labor and supplies. Additional funds will be utilized for park maintenance at Reinstra Park. CITY OF NEDERLAND 056 RESOLUTION NO.2009-02 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 AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2009 WHEREAS,Entergy Texas, Inc.'s("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 2009 related to various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliation; plans for approval of various market structures necessary for the implementation of fair competition, ETI's plan for transitioning to competition, Hurricane Ike cost recovery,and for any type of base rate adjustment proceedings; WHEREAS,ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2009,and file other fuel proceedings during 2009 to reconcile fuel,to surcharge or refund fuel charges,and to change the fuel mechanism, along with various surcharge requests impacting rates; WHEREAS,ETI is scheduled to file a proceeding to determine the proper Texas allocation of rough production cost equalization payments from Entergy Arkansas; WHEREAS,ETI is scheduled to file a proceeding to recover costs incurred in association with the restoration of service to retail customers following Hurricane Ike; 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. UTJL. Code §33.025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R.§385.214; 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. Util.Code§33.023. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,that: SECTION 1. The City of Nederland shall participate with other Cities to intervene in 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, plans for approval of various market structures necessary for the implementation of fair competition, ETI's transition to competition plan,costs associated with the restoration of service following Hurricane Ike,and for any base rate adjustment proceedings on file at the Public Utility Commission in 2009 seeking appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. 057 The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission on file in 2009 concerning ETI's readiness for competition,market power,organizations and structures to assure fair competition to all customer classes. The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2009 concerning ETI's rates charged to customers. The City of Nederland shall participate with other Cities to intervene in proceedings at the Public Utility Commission related to costs incurred as a result of Hurricane Ike. 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 q day of pz o cti-.,4 ,2009. R.A.Nugen ayor ATTEST: LaDorma Floyd,City Clerk APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Attorney 2 058 South East Texas Regional Planning Commission INTERLOCAL CONTRACT FOR PLANNING,DEVELOPMENT,OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and Purpose 1.1 The South East Texas Regional Planning Commission(SETRPC)is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965,as amended,Chapter 391 of the Local Government Code. SETPRC has developed a Strategic Plan for the administration and operation of 9-1-1 emergency telephone service which has been approved by the Commission on State Emergency Communications(CSEC). 1.2 The City of Nederland, Texas (Public Agency)is a Texas municipality that operates one or more Public Safety Answering Points(PSAP)that assist in implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code. 1.3 This contract is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This contract relates to the planning,development, operation and provision of 9-1-1 service,the use of 9-1-1 funds and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: (1) cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system; (2) comply with applicable provisions of the Uniform Grant Management Standards,as established by the Governor's Office of Budget and Planning,under the authority of Chapter 783 of the Texas Government Code. (3) comply with the Uniform Grant Management Standards,applicable law, and SETRPC policies,as outlined in Section 3 of this contract,related to ownership,transfer of ownership,and'or control of equipment acquired with 9-1-1 funds in connection with providing 9-1-1 service; (1► abide by all rules,regulations.pertbnnance training standards,etc. adopted by SETRPC'and CSEC or its successor agency; (5) purchase supplies such as printer paper,printer ribbons,cleaning materials,etc. necessary for the continuous operation of PSAP(s); 2 059 (6) secure the premises of PSAP(s)against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use; (7) practice preventive maintenance for the 9-1-1 equipment,including at a minimum,testing emergency power generators periodically,and ensuring that all equipment is working properly; (8) participate in emergency communications training for call- takers/dispatchers as scheduled and provided by SETRPC; (9) complete such reports and other documentation as may be reasonably required by CSEC,the PSAPs,SETRPC,or the service provider. E 9-1-1 Equipment Purchasing and Leasing 3.1 (a) SETRPC hereby agrees to provide services and equipment,whether purchased or leased,for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to provide for repairs,updates to and replacement of equipment as deemed necessary by SETRPC and as approved by the CSEC. (b) All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6,SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9- 1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3.3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring,or otherwise disposing of the 9-1-1 equipment. In addition,Public Agency and PSAP(s)shall reimburse SETRPC and/or the CSEC,as applicable,for damage to 9-1-1 equipment caused by intentional misconduct,abuse,misuse,or negligence by PSAP employees, normal wear and tear or ordinary day to day use of equipment excepted. Further,upon the installation of any additional equipment or software by SETRPC,Public Agency agrees to comply with the provisions of Exhibit"A"attached hereto and incorporated herein as referenced. 3.4 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1- 1 call handling and processing and on an annual basis to conduct a physical inventory of all said eq uipment. 3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3.6 When 9-1-1 equipment is purchased vvitlh a combination of monies horn Public Agency and emergency service fees,SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a"Certification of Purchase by City/County/Agency Transfer of Ownership"document outlining the responsibilities of Public 3 060 Agency. Those responsibilities include,but are not limited to,maintenance of equipment and ensuring equipment is fully functional at all times. Additionally,Public Agency shall provide adequate insurance policies on said equipment to provide for replacement of equipment in cases of loss where applicable. 3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s)on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s)are complete,accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this contract shall be one(1)year,effective on ,and shall continue from year to year thereafter unless any party involved gives sixty(60)days written notice to the other. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC,but furnishes services under this contract solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this contract without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting,each subcontract is subject to all of the terms and conditions of this contract,and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. Records 7.1 Public Agency agrees to assist SETRPC,where applicable,in maintaining a current inventory of all 9-1-1 equipment,consistent with the Uniform Grant Management Standards and applicable federal and state law. 7.2 Public Agency and PSAP(s)agree to comply with SETRPC requirements for documenting and reporting 9-1-1 database errors and ANI/ALI problems. 7.3 Public Agency and PSAP(s)agree to maintain,consistent with Uniform Grant Management Standards and applicable federal and state law,adequate fiscal records and supporting documentation for all 9-1-1 funds distributed to Public Agency and PSAP(s)and all 9-1-1 funds spent by such Public Agency and PSAP(s) for 9-1-1 service,with specific detail for 4 061 9-1-1 funds received or spent relating to addressing or addressing data base maintenance activities. 7.4 Subject to the additional requirement of paragraph 7.5,Public Agency agrees to preserve records,at a minimum,for three years. 7.5 If an audit of or information in the records is disputed or the subject of litigation,Public Agency agrees to preserve the records until the dispute or litigation is finally concluded,regardless of the expiration or early termination of this contract. 7.6 SETRPC is entitled to inspect and copy,during normal business hours at Public Agency's offices where they are maintained,the records maintained under this contract for as long as they are preserved. 7.7 SETRPC is also entitled to visit Public Agency's offices,talk to its personnel,monitor and inventory equipment,and audit its records,all during normal business hours,to assist in evaluating its performance under this contract. 7.8 CSEC,the Texas State Auditor,and/or their duly authorized representatives,shall have access to and the right to examine all books,accounts,records,files,and/or other papers, or property pertaining to the 9-1-1 service,belonging to or in use by the Public Agency, P SAP(s),or by any other entity that has performed or will perform addressing or addressing data base maintenance activities. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall not exclude anyone from participating under this contract,deny anyone benefits under this contract,or otherwise unlawfully discriminate against anyone in carrying out this contract because of race,color,religion,sex,age,disability, handicap,or national origin. Dispute Resolution 9.1 The parties desire to resolve disputes arising under this contract without litigation. Accordingly,if a dispute arises,the parties agree to attempt in good faith to resolve the dispute between themselves. To this end,the parties agree not to sue one another,except to enforce compliance with paragraphs 9.1-9.2, until they have exhausted the procedures set out in these paragraphs. 9.2 At the written request of either party.each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arisuig under this contract. The representatives appointed shall determine the location, Thrmat, frequency,and duration of the negotiations. 5 062 9.3 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this contract, which are unaffected by the dispute,during the negotiation and mediation process. Suspension for Unavailability of Funds;Withholding,Decrease or Reimbursement of Funds Due to Non-compliance 10.1 Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. If fees sufficient to administer the program are not appropriated by the Texas Legislature and received by SETRPC,SETRPC may suspend administration of the program and training responsibilities under this contract by giving Public Agency notice thereof. 10.2 Public Agency acknowledges that SETRPC may withhold,decrease or seek reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with applicable federal or state law. Further,Public Agency and PSAP(s)shall return or reimburse SETRPC and/or CSEC,as applicable,any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC,as applicable, shall be made by the Public Agency or PSAP(s)within sixty(60)days after demand by SETRPC,unless an alternative repayment plan is approved by SETRPC and CSEC. Termination for Convenience 11.1 Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received,the parties shall negotiate in good faith the terms and effective date of the termination. In any event,however, this contract terminates 60 calendar days after a party receives the notice of termination. Notice to Parties 12.1 Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party; (1)when it is delivered to the party personally; (2)when a party receives a facsimile of the notice. as confirmed by the sender's facsimile machine; (3)on the date shown on the return receipt if mailed by registered or certified mail,return receipt requested,to the party's address specified in paragraph 12.2 and signed on behalf of the party;or(4)three business days after its deposit in the United States mail,with first-class postage affixed,addressed to the party's address specified in paragraph 12.2. 6 063 12.2 SETPRC's address is 2210 Eastex Freeway,Beaumont,Texas 77703 Attention: 9-1-1 Director. SETRPC's telephone number is(409)724-1911,and its facsimile number is(409)347-1953. Public Agency's address is Attention: . Public Agency's telephone number is ,and its facsimile number is 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC,Public Agency,and PSAP(s),as applicable,commit to continue addressing and addressing data base maintenance activities in accordance with the SETRPC Regional Plan developed and approved in accordance with Texas Health&Safety Code,Section 771.055,as amended,as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan to establish and maintain 9-1-1 emergency service. 13.2 Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This contract states the entire agreement of the parties,and an amendment to this contract is not effective unless in writing and signed by all parties. 13.4 This contract is binding on and inures to the benefit of the parties' successors in interest. 13.5 This contract is executed in duplicate originals. CITY OF Al Cd e .II arvo/ SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION BY II4V/., By Shaun P.Davis Name:_±.20±--__(,a_Q.sle, Executive Director Title:_ ri Q,y or. Date: Attest: �La City C erk 7 064 EXHIBIT A PSAP RULES REGARDING 9-1-1 EQUIPMENT 1. Only the designated Dispatch Supervisor or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. 5. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem is first detected. 6. Public Agency and PSAP(s)shall be liable for expenses incurred by the SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s)will not be held monetarily liable for costs incurred for items that are covered by warranty,or if they are the result of an incident over which they have no control(i.e. lightning,water as a result of flooding,power failure,etc.) 8. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to assure quality and to continue to operate as a PSAP. 9. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location. 8 WORKSHOP OF THE CITY COUNCIL OF THE 06v CITY OF NEDERLAND 10:00 a.m. February 10, 2009 1. MEETING The workshop was called to order at 10:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. HOME RULE CHARTER A workshop was held to discuss the proposed amendments to the City of Nederland Home Rule Charter as recommended by the Charter Review Commission. Chris Duque, City Manager, explained that the Charter Review Commission conducted several meetings to review the City Charter. He then explained each proposed amendment and the reasons for the suggested changes. Mr. Duque added that the ordinance calling for the special election will be on the February 23, 2009 agenda for consideration. 3. ADJOURN There being no further discussion the workshop was adjourned at 11:30 a.m. by Mayor R. A. Nugent. R. A. Nugent, ayor City of Neder and,Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 066 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 I/ Bert Rogers Council Member-Ward IV ✓ Chris Duque City Manager LaDonna Floyd City Clerk Richard Hughes City Attorney / Cheryl Dowden Director of Finance f Darrell Bush Police Chief v' 1 Gary Collins Fire Chief v Steve Hamilton Director of Public Works V Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ,/ / R.ig14\ .Nugent,M or 7-, 1, : G-SL'W -,c.. ' �-y mot% LaDonna Floyd,City Clerk f. ,_ %0_ cc, Date 06i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. February 23, 2009 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 Tem Sawyer and seconded by Councilmember Neal to approve the minutes of the February 12, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PRESENTATION Mayor Nugent recognized Tom Hicklin, former Assistant Police Chief, on his retirement and thanked him for his many years of dedicated service to the City and the citizens of Nederland. Mr. Hicklin was presented with a watch commemorating his retirement. Mr. Hicklin thanked the City, former Chief Billy Neal, current Chief Darrell Bush and many others for the opportunity to serve the City. He added that he is grateful and feels the City of Nederland is a great place to work. Councilmembers Neal and Griffin stated that Mr. Hicklin was an asset to the City and he will be sorely missed by all. Chief Darrell Bush added that he and Mr. Hicklin grew up together and began their careers with the police department about the same time and he enjoyed working with him. He stated that he was an asset to the department for many years. 4. HURRICANE IKE A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve payments associated with Hurricane Ike recovery as follows: Beck Disaster Recovery, Inc. in the amount of $262,141.50, and DRC Emergency Services, L.L.C. in the amount of $560,280.45. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 068 Minutes continued, February 23, 2009 5. REQUEST A motion was made by Councilmember Griffin and seconded by Mayor Pro Tern Sawyer to approve a request from the Spindletop Streetrods & Hotrods Association to close Boston Avenue from 15th Street to 17th Street and 17th Street from the Nederland Independent School District Administrative Building to the first house north of Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. POLICE DEPARTMENT Darrell Bush, Chief of Police, reviewed the 2008 Racial Profiling Report as required by State statutes. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to accept the 2008 Racial Profiling Report from the Police Department as required by Article 2.132(b)(7) of the Texas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. BIDS/PROPOSALS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to authorize the solicitation of requests for proposals to demolish condemned structures previously approved for removal by the City Council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Mayor Pro Tern Sawyer to authorize soliciting bids for Sterling Ridge Subdivision drainage connection. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. CONTRACTS/AGREEMENTS Chris Duque, City Manager, explained that the proposed contract with the Lawton Law Firm is for street light negotiations with Entergy, Inc. Through the efforts of Tri-Stem, which was engaged by the City on May 7, 2007, and other cities, a number of irregularities with municipal street light billing have been identified. The City of Beaumont has already met with representatives of Entergy Texas in regards to this street light issue, and with the help of Tri- Stem and Dan Lawton, they have identified that Entergy is improperly billing Beaumont at a higher rate and that there may be street lights that the City is being billed for that do not exist. Under the proposed contract, the Lawton Law Firm would assist in the recovery of all compensation to which the City may be entitled, as well as to compromise and settle all claims related to the City's historical and future street light payments to Entergy. Participating Minutes continued, February 23, 209 069 cities would be billed as per a formula based on the participating cities' population; with the participation of the Cities of Beaumont, Conroe, Huntsville, Orange, and Nederland, the City of Nederland would be responsible for 6.93% of the costs; this cost may decrease or increase as a greater number of cities participate or fail to join. The participating cities would seek reimbursement for any and all legal fees from Entergy as part of any settlement. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a Street Light Negotiation Contract with The Lawton Law Firm. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2009-04, calling for a special election to be held May 9, 2009 for the purpose of submitting proposed amendments to the City Charter of the City of Nederland to the voters, and appointing election officials. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 10. STREETS AND SIDEWALKS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the 2009 Street Program as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. COMMUNICATION City Manager's Report 1. Zoning Ordinance The Planning and Zoning Commission will have their first meeting to discuss the proposed zoning ordinance on Tuesday, February 24tH Additional meetings will be necessary prior to Council's final approval. 2. Out of Office Mr. Duque announced that he and Councilmember Rogers will be • attending Golden Triangle Days in Austin March 1-3. 070 Minutes continued, February 23, 2009 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 6:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. uge Mayor City of Ned-rland, Texas ATTEST: c L) qI LaDonna Floyd, City Clerk r City of Nederland, Texas 1 071 CITY OF NEDERLAND ICOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor i/ Robert Sawyer Council Member-Ward I V Billy Neal Council Member-Ward II V Debby Griffin Council Member-Ward III V" Bert Rogers Council Member-Ward IV ✓ Chris Duque City Manager 1w" LaDonna Floyd City Clerk i'"' Richard Hughes City Attorney 7 Cheryl Dowden Director of Finance V IDarrell Bush Police Chief 4,-, Gary Collins Fire Chief „/ Steve Hamilton Director of Public Works Rod Hatch Building Official Lz/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager c,/ Corrie Zepeda Acting City Clerk '� 1.we gp-:// R.A.Nugent,Mayo ' ,- C ✓�ic/ LaDonna Floyd,City Clerk c-c3-0(, Date 072 Nederland Police Department Senate Bill 1074 Report to Nederland City Council February 02,2009 The following report summarizes the activity of the Nederland Police Department as it relates to the requirements of Senate Bill 1074. Beginning January 1, 2008, 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, 2009. I(Tier 1 Data) Table 1. General Demographics of Contacts and Searches RACE/ TICKETS SEARCHES CONSENSUAL PC FOR CUSTODY _ETHNICITY* SEARCHES SEARCH ARREST N % N % N % N % N % Caucasian 1420 87.2% 34 94.4% 8 100% 26 92.8% 51 80.9% African 163 10.0% 2 5.5% 0 0 2 7.1% 8 12.6% American Hispanic 37 2.2% 0 0 0 0 0 0 4 6.3% Asian 8 0.4% 0 0 0 0 0 0 0 0 Native 0 0 0 0 0 0 0 0 0 0 American Other 0 0 0 0 0 0 0 0 0 0 Total 1628 99.8% 36 99.9% 8 100% 28 99.9% 63 99.8% *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/ NEDERLAND TICKETS CONSENSUAL PC FOR CUSTODY ETHNICITY DEMOGRAPHICS SEARCHES SEARCH ARREST Caucasian 88.8% 87.2% 94.4% 92.8% 80.9% African American .9% 10.0% 5.5% 7.1% 12.6% Hispanic 6.3% 2.2% 0% 0% 6.3% Asian 2.1% 0.4% 0% 0% 0% Native American .3% 0% 0% 0% 0% Other 0% 0% 0% 0% 0% RACE/ JEFFERSON CO. TICKETS CONSENSUAL PC FOR CUSTODY ETHNICITY DEMOGRAPHICS SEARCHES SEARCH ARREST Caucasian 51.8% 87.2% 94.4% 92.8% 80.9% I African American 33.5% 10.0% 5.5% 7.1% 12.6% Hispanic 10.5% 2.2% 0% 0% 6.3% Asian 2.9% 0.4% 0% 0% 0% Native American .3% 0% 0% 0% 0% Other 0% 0% 0% 0% 0% 073 ATTORNEY CONSULTATION AND FEE CONTRACT THIS AGREEMENT("Agreement")is made on this day between the City of Nederland, hereinafter referred to as"Client",and The Lawton Law Firm,P.C.,701 Brazos,Suite 500,Austin, Texas 78701,hereinafter referred to as"Attorneys": In consideration of the mutual promises herein contained,the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION 1.01 Client hereby retains and employs Attorneys to assist client in the recovery of all claims,damages and compensation to which Client may be entitled as well as to compromise and settle all claims related to the Client's historical and future municipal street light payments to Entergy,Texas,Inc. II. ATTORNEY'S FEES AND EXPENSES 2.01 In consideration of services rendered and to be rendered by Attorney,Client hereby agrees to pay to Attorneys the following: An Hourly Rate to Attorneys as set out below: Daniel J.Lawton $200/hr Stephen Mack $140/hr 2.02 In addition to the hourly rate,all reasonable expenses incurred by Attorneys in the handling of this project shall be reimbursed by client. 2.03 The expenses contemplated above,include but are not limited to any and all out of pocket expenses incurred in connection with this case, including but not limited to the following expenses: filing fees,court costs,certified copies of documents,pleadings,orders etc., transcripts,depositions,duplication costs,postage,office supplies,photographs,trial exhibits,long distance phone&fax calls,appraisal fees,consultants,expert witnesses and other fees associated with preparation and trial testimony, investigation fees, delivery charges, overnight mail/parcel services,parking,toll road&mileage expenses,out of town expenses including travel expense,air fare,hotels,meals,and any other expense incurred in connection with the matter. III. APPROVAL NECESSARY FOR SETTLEMENT 3.01 Attorneys are hereby authorized to enter into any and all settlement negotiations on behalf of Client. 1 074 3.02 No settlement of any nature shall be made for any of the aforesaid claims of Client without the complete approval of Client. IV. REPRESENTATIONS 4.01 It is expressly agreed and understood that no promises or guarantees as to the outcome of the case have been made to Client by Attorneys. Attorneys have not represented to Client that Client will recover all or any of the funds so desired. Client also acknowledges that obtaining a judgment does not guarantee that the opposing party will be able to satisfy the judgment. It is further expressly understood and agreed that no other representations have been made to Client,except for those set out in this Agreement. V. COOPERATION OF CLIENT 5.01 Client shall comply with all reasonable requests of Attorneys in connection with the preparation and presentation of the aforesaid representation. 5.02 Attorneys may,at their option,withdraw from the case and cease to represent Client for any reason, including without limitation Client's failure to timely pay fees and expenses or deposits for same in accordance with this Agreement, subject to the professional responsibility requirements to which attorneys are subject. VI. TEXAS LAW TO APPLY 6.01 This Agreement shall be construed under and in accordance with the laws of Texas, and all obligations of the parties created hereunder are performable in Jefferson County,Texas. VII. PARTIES BOUND 7.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives,successors and assigns where permitted by this Agreement. VIII. LEGAL CONSTRUCTION 8.01 In case any one or more of the provisions contained in this Agreement shall,for any reason,be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 2 075 IX. PRIOR AGREEMENTS SUPERSEDED 9.01 This Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. I certify and acknowledge that I have had the opportunity to read this Agreement. I further state that City of Nederland has voluntarily entered into this Agreement fully aware of its terms and conditions. SIGNED on this 3 day of c-�,.1 c a n ,2009. City of Nederland BY: iCAI j 1 ,, R.A.Nugent ' ayor SIGNED on this day of ,2009. BY: Daniel J.Lawton State Bar No.00791082 The Lawton Law Firm,P.C. 701 Brazos,Suite 500 Austin,Texas 78701 Tel.(512)322-0019 Fax (512)474-2507 r 3 076 CITY OF NEDERLAND ORDINANCE NO.2009-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CALLING FOR A SPECIAL ELECTION FOR MAY 9,2009,TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF NEDERLAND;SETTING FORTH THE PROPOSED AMENDMENTS;PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS,in accordance with Section 9.004(a)of the Texas Local Government Code, the City Council hereby calls for the submission of proposed Charter amendments to the voters of the City of Nederland;and, WHEREAS,the City Secretary has advised the City Council that the next authorized date to call a special election to consider the proposed Charter amendments is May 9,2009. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1: It is hereby ordered that a special election is to be held in the City of Nederland on May 9,2009,for the purpose of submitting to the qualified voters the hereinafter described proposed charter amendments. Such election shall be held at the polling place with the election judge and alternate election judge as provided in Section 4. Section 2:There shall be submitted at said special election to be held May 9,2009,the following measures as proposed amendments to the City Charter of the City of Nederland: PROPOSED AMENDMENT NO.1 That Section 2.04 of Article II of the City Charter shall be amended so that such section shall read as follows: "a. There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of Nederland, with such powers and duties as are given and prescribed by the laws of the State of Texas. b. The judge or judges of said court shall be appointed by the City Council,shall hold his office at the pleasure of the City Council,shall receive such salary as may be fixed by the City Council,shall be under the administrative direction of the City Manager and said judge shall not be an elected official. The City Clerk or an assistant City Clerk shall be ex officio clerk of said court. c. The Clerk of said court and his deputy shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto; and generally do and perform any and all acts usual and necessary by the Clerk of Courts in issuing process of said courts and conducting the business thereof. d. The City Council by ordinance may provide for the appointment of one(1) or more judges to serve if the regular judge, the presiding judge, or an associate judge is temporarily unable to act." PROPOSED AMENDMENT NO.2 That Section 3.04(a) of Article III of the City Charter shall be amended so that such section shall read as follows: "Compensation of the Mayor and each of the Councilmembers for allowances and expenses incurred in connection with the discharge of their duties while within Jefferson County, Texas shall be set by ordinance but may not be increased during the current term of the Mayor and Councilmember enacting such ordinance". 077 PROPOSED AMENDMENT NO.3 That Section 3.08 of Article III of the City Charter shall be amended so that such section shall read as follows: "No member of the City Council present at a meeting shall be excused from voting,and each member of the City Council present at the meeting must announce his vote on question, ordinance,or resolution,placed before the City Council;provided,however,a Council member shall be excused from voting whenever the Council member is required by law to abstain from voting,whenever the subject matter under consideration involves his own official conduct,or where his personal financial interests are involved,and on these particular matters,he shall not vote, but shall give his reasons for not voting,which said reasons shall be spread upon the minutes of the City Council." PROPOSED AMENDMENT NO.4 That section 3.10 of Article III of the City Charter be amended so that such section shall read as follows: "The City Council shall prescribe by ordinance or resolution the time and date for its regular meetings and there shall not be less than two(2) regular meetings in each calendar month." PROPOSED AMENDMENT NO.5 That Section 4.01(a)of Article IV of the City Charter be amended so that such section shall read as follows: "Appoint the City Attorney,City Judge,Chief of Police,City Clerk and Director of Finance for a definite term not to exceed one year,provided no Councilmember shall receive any such appointment during or within one year of the expiration of the term for which he shall have been elected,or as required by law". PROPOSED AMENDMENT NO.6 That Section 4.01(t)of Article IV of the City Charter be amended so that such section shall read as follows: "Compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the City of Nederland." PROPOSED AMENDMENT NO.7 That Section 4.06 of Article IV of the City Charter be amended so that such section shall read as follows: "There shall be a magistrate of the Municipal Court known as the City Judge who shall be appointed by the Council to serve for a term of two years or as such term as State law requires. He may be removed by the City Council at any time for incompetence, misconduct, malfeasance,or disability. He shall receive such salary as may be fixed by the City Council from time to time. The Mayor shall act in the place of the City Judge in the event of his failure to act for any reason and also the Mayor shall act as City Judge in the event of a vacancy until a City Judge is appointed by the City Council. The Mayor while acting as City Judge shall receive no compensation. All costs and fines imposed by the Municipal Court,shall be paid into the City Treasury for the use and benefit of the City." PROPOSED AMENDMENT NO.8 That Section 5.03(a)of Article V of the City Charter be amended so that such section shall read as follows: "Appoint and remove all heads of departments and all subordinate officers and employees of the City except as otherwise provided by this Charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office. The decision of the City Manager or other appointing officer shall be final and there shall be no appeal therefrom to any other office,body or court whatsoever." • 078 PROPOSED AMENDMENT NO.9 That Section 5.05 of Article V of the City Charter be amended so that such section shall read as follows: "The Fire Marshall shall be employed by the City Manager and he shall be responsible for the overall planning of fire prevention in the City. He shall be in charge of the Fire Department. His salary shall be fixed by the City Council. In addition to serving as Fire Marshall,the City Manager shall have the authority to assign such other duties to him as he may deem proper." PROPOSED AMENDMENT NO.10 That Section 7.02 of Article VII of the City Charter be amended so that such section shall read as follows: "No later than thirty(30)days prior to the beginning of each fiscal year the City Manager shall prepare,file with the City Clerk,and furnish to each member of the Council a carefully itemized budget outlining anticipated receipts and proposed expenditures of the City showing as definitely as possible appropriations desired for each project and operation for the next succeeding fiscal year,comparing the same with the budget for the then current fiscal year,and stating the actual receipts and expenditures of the current year. The proposed budget shall also contain a complete detailed statement of the assets,obligations and liabilities of the City and of each of the funds administered by it and an estimate of the rate of tax required for the then current calendar year." PROPOSED AMENDMENT NO. 11 That Section 7.05 of Article VII of the City Charter shall be amended so that such section shall read as follows: "At the meeting of the Council at which the budget and budget message are submitted, the City Council shall determine the place and time of the public hearing on the budget and cause to be published in a newspaper having a general circulation in Nederland a notice of the place and time,as prescribed by the Statutes of the State of Texas." PROPOSED AMENDMENT NO. 12 That Section 7.06 of Article VII of the City Charter shall be amended to delete the paragraph that states as follows: "If no final action has been taken by the City Council on or prior to the thirty-first day of August,the budget as submitted for the succeeding year shall be deemed to have been finally adopted by the City Council." PROPOSED AMENDMENT NO. 13 That Section 7.08 of Article VII of the City Charter shall be amended so that such section shall read as follows: "The City Council may amend the budget for municipal purposes in accordance with State law. The City Council,upon affirmative vote of a majority of the members of the City Council, may authorize expenditures to meet unusual and unforeseen conditions which could not,by reasonable diligence,thought,and attention have been included in the original budget. These amendments shall be filed with the original budget." PROPOSED AMENDMENT NO.14 That Section 11.01 of Article XI of the City Charter shall be amended so that such section shall read as follows: "The City Council shall fix the places for holding the regular city election. The City Council may order a special election,fix the date,time,and places for holding same and provide for all means for holding such special election. Notice of the election shall be provided as required by the election laws of the State of Texas." PROPOSED AMENDMENT NO.15 That Section 11.07 of Article XI of the City Charter shall be amended by changing the words"poll tax rolls"to"voter registration list". PROPOSED AMENDMENT NO. 16 That Section 13.01 of Article XIII of the City Charter shall be amended by changing the words"poll tax rolls"to"voter registration list". 079 PROPOSED AMENDMENT NO. 17 That Section 14.03 of Article XIV of the City Charter shall be amended so that such section shall read as follows: "Every ordinance granting,renewing,extending,or amending a public utility franchise shall be presented at two(2)regular meetings of the City Council and shall not be finally acted upon until thirty(30)days after the first presentation. Within ten(10)days following each of the two presentations of the ordinance, a descriptive caption of the ordinance stating in summary the purpose of the ordinance shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prospective franchise holder." CHARTER PROPOSITION NO.1 Shall Section 2.04 of Article II of the City Charter be amended to further define the Municipal Court? CHARTER PROPOSITION NO.2 Shall Section 3.04 of Article III of the City Charter be amended to allow for the Mayor and City Council compensation in performing their duties to be set by ordinance? CHARTER PROPOSITION NO.3 Shall Section 3.08 of Article III of the City Charter be amended so that it requires all members of the City Council to vote on all business unless prohibited by State statutes or personal financial interest are involved? CHARTER PROPOSITION NO.4 Shall Section 3.10 of Article III of the City Charter be amended to permit meetings to be conducted at locations other than municipal buildings if necessary? CHARTER PROPOSITION NO.5 Shall Section 4.01(a)of Article IV of the City Charter be amended to delete the Fire Marshall as a Council appointee in accordance with Civil Service statutes? CHARTER PROPOSITION NO.6 Shall Section 4.01(t)of Article IV of the City Charter be added to authorize the City Council to compromise and settle all claims and lawsuits in favor of or against the City? CHARTER PROPOSITION NO.7 Shall Section 4.06 of Article IV of the City Charter be amended to change the term of the City Judge to two years as required by State Statutes? CHARTER PROPOSITION NO.8 Shall Section 5.03(a)of Article V of the City Charter be amended to clarify the appeals process of City employees? CHARTER PROPOSITION NO.9 Shall Section 5.05 of Article V of the City Charter be repealed and amended to state the Fire Marshall shall be employed by the City Manager in accordance with Civil Service statutes? CHARTER PROPOSITION NO. 10 Shall Section 7.02 of Article VII of the City Charter be amended to change the deadline the annual budget shall be prepared and submitted to the City Council? 080 CHARTER PROPOSITION NO.11 Shall Section 7.05 of Article VII of the City Charter be amended to delete the requirement that the public hearing on the budget shall be held prior to the 15th day of August? CHARTER PROPOSITION NO.12 Shall Section 7.06 of Article VII of the City Charter be amended to delete the paragraph that states if the budget is not adopted by the 31'day of August the previous year budget will be deemed finally adopted? CHARTER PROPOSITION NO.13 Shall Section 7.08 of Article VII of the City Charter be amended to authorize budget amendments and supplements? CHARTER PROPOSITION NO. 14 Shall Section 11.01 of Article XI of the City Charter be amended to allow for the City Council to order special elections as needed? CHARTER PROPOSITION NO.15 Shall Section 11.07 of Article XI of the City Charter be amended to change to the words"poll tax rolls"to"voter registration list"? CHARTER PROPOSITION NO. 16 Shall Section 13.01 of Article XIII of the City Charter be amended to change the words"poll tax rolls"to"voter registration list"? CHARTER PROPOSITION NO.17 Shall Section 14.03 of Article XIV of the City Charter be amended to regulate the process of granting franchise agreements? Section 4: 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 following named persons are hereby appointed officers for said election: Ashlee Floyd will serve as Presiding Judge and Brittany Eccles will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed three(3)clerks. Section 5: The polls at the designated polling place shall on said Election Day be open from 7:00 a.m.to 7:00 p.m. Section 6: LaDonna Floyd is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue,Nederland,Texas,and said place of Early Voting shall remain open for at least eight(8)hours on each day for Early Voting which is not a Saturday,Sunday,or an official State holiday, beginning on the twelfth (12th) day and continuing through the fourth (4`t') 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),Texas Election Code,early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays,if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m.to 7:00 p.m.on Tuesday,April 28,2009 and Tuesday, May 5,2009. 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. In addition to the above early voting dates and times a Temporary Branch Polling Place will be established in accordance with Section 85.062,Texas Election Code,at the Nederland High School located on the corner of 18`h Street and Spurlock Road on May 4,2009,from 5:30 p.m. until 9:30 p.m. 081 Section 7: The Early Voting Ballot Board shall be created as provided by Texas Election Code Sec. 87.001. Ashlee Floyd is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two(2)clerks to serve on the Board. LaDonna Floyd is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Texas Election Code. Section 8: Said election shall be held in accordance with the Texas 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. Section 9: 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 Texas 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. Section 10: It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall,a place convenient and readily accessibly to the general public,and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED,APPROVED AND ADOPTED by the City Council of the City of Nederland, Texas this day of« a.L: ,2009. R.A. ugent,, aafoor� ATTEST: City of NederYand,Texas 1 LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: APAO •'chard D. ughe CO Attorney City of Nederland,Texas 1 082 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. March 9, 2009 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 Griffin to approve the minutes of the February 23, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PAYMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Sawyer to approve payment of the bills for the month of February. MOTION CARRIED. I. 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 DSR & Associates in the amount of $7,640.00, engineering services pertaining to the Canal Avenue and South 5th Street water towers. 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 approve a payment to Carroll & Blackman, Inc. in the amount of $2,060.00, engineering and scientific consulting services. 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 approve a payment to Schaumburg & Polk, Inc. in the amount of $12,774.00, engineering services pertaining to Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, March 9, 2009 08 4. CONTRACTS/AGREEMENTS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve an agreement with Tower Medical Center of Nederland for alcohol and drug testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. BIDS/PURCHASES A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to award bids received for repair and painting of the Canal Avenue and South 5th Street water towers to Blastco TX, Inc., Houston, TX, in the amount of $225.750.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. HURRICANE IKE A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve the submittal of a Hazard Mitigation Grant application for storm shutters for City Hall, and a generator and storm shutters for the Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. LIBRARY Chris Duque, City Manager, reviewed the report of the recent"Food for Fines" program at the library. During the month of February 2009, in lieu of paying library fines, patrons could donate non-perishable food or hygiene products at a rate of $1.00 in fines waived per item. The collected items would then be contributed to the Community Care Prayer Outreach Center, which operates a food bank and works with Mid-County area churches. This year's program resulted in the donation of 476 items. 8. 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. f 084 Minutes continued, March 9, 2009 9. COMMUNICATION City Manager's Report: 1. 2009 Street Program Update Steve Hamilton, Director of Public Works, reported that he has submitted a purchase order for equipment rental needed to begin this year's program. He added that he is obtaining proposals for street striping and joint sealing. The bomag project is scheduled to begin next week. 2. Parks&Recreation Department Update Mr. Duque reported that the City will have an adult basketball league at the Recreation Center. The Parks and Recreation Department will be conducting a swim program this year and will begin advertising during the Heritage Festival. The newly creation Parks Advisory Board will hold their second meeting on March 10th. 3. Heritage Festival Mr. Duque reminded Council that with the Heritage Festival begins on March 10th and there will be the usual parking problems for City Hall, however, additional parking will be available behind the building. 4. Next Council Meeting Mr. Duque reminded Council that the next regular Council meeting will be held on Monday, March 30th, and a special meeting will be held Thursday, March 12th at 10:00 a.m. 10. 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. /949A R. A. Nugent, yor City of Nederl� nd, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland,Texas i 085 CITY OF NEDERLAND UCOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor ✓ 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 t/ Chris Duque City Manager ✓ LaDonna Floyd City Clerk V Richard Hughes City Attorney Cheryl Dowden Director of Finance L/ IDarrell Bush Police Chief a✓ Gary Collins Fire Chief ;/ Steve Hamilton Director of Public Works Rod Hatch Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager 1/' R.A.Nuge�ypr 111 441,-,e.LaDonna Floyd,City Clerk i Date 086 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. 087 SECTION FIVE ASSIGNMENT No assignment of this Agreement shall be valid without the written consent of the CITY. SECTION SIX BREACH A breach of contract by either party shall constitute grounds for cancellation of this Agreement by the other party. However, the party who commits the breach shall have fifteen (15)days after mailing of written notice of such breach from the other party in which to correct or abate the breach and avoid the cancellation. SECTION SEVEN VENUE This Agreement is entered into and performable in Jefferson County,Texas. SECTION EIGHT EFFECTIVE DATE:TERM This Agreement shall take effect on the 1st day of April,2009 and shall remain in effect, subject to the provisions regarding cancellation,for a period of one year therefrom. IN WITNESS W EREOF,the parties have executed this Agreement at Nederland,Texas on the q day of ' A,itl, ,2009. TOWER MEDICAL CENTER OF NEDERLAND By: A • \11�_.� v� �► Its: '1 1 _ 66114 .• ATTEST: CITY OF NEDERLAND,TEXAS Q��ov�n O By: I LaDonda Floyd,City Clerk Its: Oil cjo r- .J 088 EXHIBIT A I AGREEMENT FOR SERVICES APRIL,2009 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 Dru g Screen With Confirmation $25.00 I 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 keeping/Retention(annual fee) $100.00 Includes a quarterly report and annual report as required by DOT. Random Generation An alpha/numerically generated list of employees for your company's random drug testing program currently is in place. A flat fee will be assessed for additions and/or deletions to the current list. $5.00 Each random pull(monthly fee) $25.00 I 089 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 10:00 a.m. M.y 12, 2009 1. MEETING The special meeting was called to order at 10:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ABANDONED AND DILAPIDATED STRUCTURES Chris Duque, City Manager, stated that on December 15, 2008, the City Council ordered demolition of the structure at 2323 Avenue A. He explained that the property is in the process of being purchased by Frank Fornals from Frank Paschal and Mr. Fornals has approached the City to ask for a 180-day extension in order to bring the structure up to code. Frank Fornals, 3604 Franklin, stated that immediately upon closing on the house he will have contractors ready to begin clean-up of the outside as well as electrical and plumbing work to bring the structure up to code. A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to rescind the prior order for demolition of the structure at 2323 Avenue A and to grant an additional 180 days in order for the structure to be brought up to code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 10:15 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. uge t, ',ayor City of Neder.nd,Texas ATTEST: rc]j LaDonna Floyd, City Cler City of Nederland, Texas 090 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I 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 i/ Chris Duque City Manager / LaDonna Floyd City Clerk ✓ Richard Hughes City Attorney Y Cheryl Dowden Director of Finance ,./ Darrell Bush Police Chief i/ 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 ✓ A.Nuge ayor CD*IoNvIc: (--44-4-fq LaDonna Floyd,City Clerk I .l a-0'61 4 , /f ies,. Date 091 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. March 30, 2009 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 Neal to approve the minutes of the March 9, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. EXECUTIVE SESSION The regular meeting was recessed at 6:01 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, consultation with City Attorney. 4. RECONVENE The regular meeting was reconvened at 6:33 p.m. by Mayor Nugent. 5. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a Municipal Raw Water Supply Contract with the Lower Neches Valley Authority. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. PROCLAMATION Mayor Nugent presented a Proclamation honoring Samantha Wickizer. Ms. Wickizer has served as a lifeguard for the past three summers and is currently employed as a Recreation Attendant. Ms. Wickizer has attended the state Class 4A swim meet for the past three years; she placed 13th in the freestyle and 15th in the butterfly. She holds the school record in the 50, 100, 200 meter freestyle, 200 meter freestyle relay, and 100 meter butterfly. Mayor Nugent added that it is an honor to recognize one of our employee's personal accomplishments, which have brought honor and prestige to our community. 092 Minutes continued, March 30, 2009 A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve the Proclamation honoring Samantha Wickizer. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. APPOINTMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to appoint Joni Underwood as Deputy City Clerk. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. PAYMENTS A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of $783.17 for engineering and scientific consulting services. 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 approve a payment to Schaumburg&Polk,Inc.in the amount of$2,600.00, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a payment to Schaumburg & Polk, Inc. in the amount of$12,532.50, 2009 Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. TAX COLLECTION REPORT A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to accept the Tax Collection Report for January and February 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued,March 20,2009 Q 10. BUDGET rA motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve Ordinance No. 2009-05, amending the FY 2009-2009 budget to fund an additional building inspector/code enforcement officer. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. CONTRACTS/AGREEMENTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to approve an agreement with Serval)Services,Inc.for janitorial services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to renew a Memorandum of Understanding with the Texas Engineering Extension Service—Task Force One. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to terminate the Lease Agreement with the Nederland Youth Football League for the construction, use, and maintenance of a football field and related facilities at Homer Nagel Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. BIDS/PURCHASES A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal to authorize the purchase for roadway crack sealing in the amount of$45,000.00 from Scodeller, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to authorize the purchase for services related to sealing manholes, storm sewers, and storm sewer inlets in the amount of$133,563.00 from Uretek ICR. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 094 Minutes continued,March 30,2009 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to authorize the advertisement of bids for the sewer rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. EXECUTIVE SESSION The regular meeting was recessed at 7:00 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Personnel - six month evaluation of City Manager Christopher Duque. 14. RECONVENE The regular meeting was reconvened at 8:11 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. He added that Mr. Duque received a favorable evaluation by the City Council. 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 8:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, ayor City of Nederland,Texas ATTEST: a _i _ .A.. ___l. ., LaDonna Floyd, City Clerk City of Nederland, Texas ri 095 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 V Debby Griffin Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV i/ Chris Duque City Manager ✓ LaDonna Floyd City Clerk / Richard Hughes City Attorney Cheryl Dowden Director of Finance IDarrell Bush Police Chief V Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary ✓ A R.A. ugent,Misr (---: -.L4 id ' LaDonna Floyd,City Clerk _3 -3ip _ oq Date 096 MUTUAL AGREEMENT TO EXPEND RFP PROPOSAL/CONTRACT In accordance with the RFP Proposal/Contract effective April 1, 2005, specifically Section 21,the City of Nederland and Servall Services,Inc. mutually agree to extend the existing RFP Proposal/Contract for one year beginning on April 1, 2009 under the existing terms,conditions,and fees,with the following exceptions: 1. Discontinue services to the Recreation Center,located at 2300 Avenue II. 2. Incorporating the adjusted fee schedule for 2009. Executed this. of M q tici-F , 2009, but effective as of the effective date set forth herein. 3© /0``- SERVA SF.' ICES, NC. By: Name: Mark Johnson Its: Branch Manager CITY OF NEDERLAND,TEXAS By: _ Name: R. A-Ii�q rni- Its: rf)4 r o c ATTEST: LaDonna Floyd,City Cler 097 City of Nederland 2009 Fee Schedule Building Name Current Monthly Price Monthly Price Effective April 1,2009 Police Station $378.67 $408.36 City Hall $401.15 $432.60 D.Bob Henson Building $258.64 $278.93 Recreation Center $225.63 N/A Total Monthly Price $1,264.09 $1,119.89 098 ORDINANCE NO.2009-05 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 30th DAY OF MARCH,A.D.,2009. R.A.Nugent, or ATTEST: LaDonna Floyd,City Clerk APPROVED AS TO FORM AND LEGALITY: ichard D.Hughes,City Attorney 099 City of Nederland,Texas BUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2008 in the amount of$36,940 and increase line items as detailed below: Increase 01-24-00-6110 Salaries&Wages $25,300 Increase 01-24-00-6121 Group Insurance 5,140 Increase 01-24-00-6124 TMRS 4,360 Increase 01-24-00-6126 Social Security 1,940 Increase 01-24-00-6128 Workers'Compensation 200 Funding an additional building inspector/code enforcement officer for remainder of fiscal year. 100 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. April 13, 2009 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 Tern Sawyer and seconded by Councilmember Neal to approve the minutes of the March 30, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATIONS Mayor Nugent presented a Proclamation to Sherry Pulliam, Texas Department of Family and Protective Services, declaring April 2009 as "Child Abuse Prevention and Awareness Month" in Nederland. Ms. Pulliam thanked the Council for their continued support. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve a Proclamation declaring April 2009 as "Child Abuse Prevention and Awareness Month" in Nederland,Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Mayor Nugent presented a Proclamation to Cindy Fertitta, Rape and Suicide Crisis of Southeast Texas, Inc., declaring April 2009 as "Sexual Assault Awareness and Prevention Month" in Nederland. Ms. Fertitta thanked the Council for their continued support. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a Proclamation declaring April 2009 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 12-18, 2009 as "National Crime Victims' Right Week" in Nederland. Mrs. Craver thanked the Council for their continued support. Minutes continued, April 13, 2009 101 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a Proclamation declaring April 12-18, 2009 as "National Crime Victims' Right Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None, 4. DEPARTMENT REPORTS A motion was made by Councilmember Griffin and seconded by Councilmember Neal to accept the March 2009 Department Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 5. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 3:18 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation of abandoned and dilapidated structures at the following addresses, and for the purpose of receiving questions and/or comments regarding revisions to the City's Water Conservation Plan and Drought Contingency Plan: 715 - 14th Street 141 Hilldale 3412 Avenue E Water Conservation Plan 3535 Helena Avenue Drought Contingency Plan 2423 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. Harry Wright, Attorney for Waleed Khan, owner of the 2423 Nederland Avenue property, stated that his client would like to request additional time in order to construct a new building at the same location. He added that a contractor has been retained by Mr. Khan and they have indicated it could be completed in approximately six weeks. He has also hired a demolition contractor to demolish the existing structure. The final draft of the drawings should be presented to the Building Official by Friday. Mr. Wright explained that his client would like to be able to begin construction so that he could move his existing equipment to the new section of the store and then complete the remainder prior to demolition. Councilmember Rogers informed Mr. Wright and Mr. Khan that the City has given him more than enough time to demolish the building. The structure has been deemed as unsafe by the City and he feels it is a hazard to his employees and customers. Councilmember Griffin and Mayor Pro Tern Sawyer agreed with Councilmember Rogers that the City has given Mr. Khan extensions in the past and there has been no apparent improvements since the building was damaged during Hurricane Rita in 2005. 102 Minutes continued, April 13, 2009 Councilmember Neal stated that he would be agreeable to allow Mr. Khan the additional time requested in order to have the new building constructed. Chris Duque, City Manager, stated this Public Hearing also has solicitation of public comments on the Water Conservation Plan and Drought Contingency Plan. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 3:51 p.m. by Mayor Nugent. 6. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to set a 60-day time period for Rebecca Head to comply with the demolition and removal of the structure located at 715 - 14th Street, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to set a 60-day time period for John Howard Pipes to comply with the demolition and removal of the structure located at 3412 Avenue E, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Neal to set a 60-day time period for Nederland Memorial Funeral Home, Inc. to comply with the demolition and removal of the structure located at 3535 Helena Avenue, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to set a deadline of midnight, April 15, 2009 for Waleed Khan to comply with the demolition and removal of the structure located at 2423 Nederland Avenue, and in the event that the structure is not demolished within the timeframe the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: Councilmember Neal. A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to set a 60-day time period for Cinderella Savoy Estate to comply with the demolition and removal of the structure located at 141 Hilldale, and in the event that the structure is not demolished within the 60 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Minutes continued, April 13, 2009 1 03 7. PAYMENTS A motion was made by Councilmember Neal and seconded by Councilmember Rogers to approve payment of the bills for the month of March 2009. 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 approve a payment to DSR & Associates in the amount of $1,260.00, Canal Avenue and South 5th Street water towers. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. TAX COLLECTION REPORTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to accept the Tax Collection Report for March 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 9. STREETS AND SIDEWALKS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to authorize the installation of a street light at 1003 South 36th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None, 10. RESOLUTION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to approve the first reading of Resolution No. 2009-03, ratifying the action of the Nederland Economic Development Corporation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. ORDINANCES A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve an Amendment to Ordinance No. 164, setting the calendar for regular City Council meetings May 2009 through April 2010. 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 Tem Sawyer to approve Ordinance No. 2009-06, adopting a revised Water Conservation Plan for submittal to the Texas Water Development Board. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 104 Minutes continued, April 13, 2009 A motion was made by Councilmember Griffin and seconded by Mayor Nugent to approve Ordinance No. 2006-07, adopting a revised Drought Contingency Plan for submittal to the Texas Commission on Environmental Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 12. BIDS/PURCHASES A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to authorize the purchase of a pumper truck through HGAC for the Fire Department. 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 award bids received for Sterling Ridge Subdivision Drainage Connection to Brystar, Inc. in the amount of$348,500.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 13. GRANTS A motion was made by Councilmember Neal and seconded by Councilmember Griffin to approve the submittal of a COPS grant to the U. S. Department of Justice. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 14. CONTRACTS/AGREEMENTS Chris Duque, City Manager, explained that the Cities of Nederland, Beaumont, Groves, Port Neches and Jefferson County were awarded the 2009 Byrne Justice Assistance Grant; the City of Nederland's allocation is $21,711. Under this Inter- Local Agreement, the participating entities agree to provide a percentage of their award to Jefferson County and agree that the City of Beaumont is the administrative lead on the grant program. The City shall utilize the funds for public safety radios and to purchase a new police vehicle. A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Neal approving an Interlocal Agreement with the Cities of Beaumont, Groves, Port Neches and Jefferson County for the 2009 Byrne Justice Assistance Grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. Chris Duque, City Manager, explained that after his performance evaluation during the last meeting he asked that his contract be amended by removing the previously agreed upon salary increase due to the fiscal constraints created by Hurricane Ike, FEMA's slowness in reimbursing the City's Ike expenses, and the growing economic downturn concerns. He added that he shall leave any future salary increase to negotiations between the City Council and himself, but only upon the City budget being made whole after Ike and the economy improves. 105 Minutes continued, April 13, 2009 A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Sawyer to approve amending the City Manager's Employment Contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, and, Griffin. Noes: Councilmember Rogers. 15. 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. 16. COMMUNICATION City Manager's Report: 1. Blue Grass Festival Mr. Duque reported that the Blue Grass Festival will be held Saturday, April 18th at Rienstra Park beginning at noon. 2. Chamber of Commerce The monthly coffee will be held Tuesday, April 14th at MegaPlay USA. A ribbon cutting will be held Friday, April 17th at Holland House. 3. Sales Tax Mr. Duque reported that the sales tax is above 3.81% of the same period last year. 17. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent ayor City of Nedew nd, Texas ATTEST: l:V Own C4Q4 jrI LaDonna Floyd, City Clerk City of Nederland, Texas 106 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor '/ Robert Sawyer Council Member-Ward I V- Billy Neal Council Member-Ward Il i/ Debby Griffin Council Member-Ward III Vr Bert Rogers Council Member-Ward IV ✓ Chris Duque City Manager :� LaDonna Floyd City Clerk I/ Richard Hughes City Attorney Cheryl Dowden Director of Finance j/ Darrell Bush Police Chief 1 Gary Collins Fire Chief V Steve Hamilton Director of Public Works V Rod Hatch Building Official rf Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretary V/ "0 R.A.Nugent, a$U LaDonn. Floyd,City Clerk I <713-D9 Date 107 ,7._ �� rte,. ✓ IG'XA`.) 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$133,690.68, represents all taxes collected for CITY OF NEDERLAND during the month of March 2009. Miriam K. Johnson 108 AN AMENDMENT TO ORDINANCE NO.164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 6, 2009 THROUGH APRIL 26,2010. 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 4:30 p.m.on each of the following dates: May 6 and 18,2009 June 8 and 22,2009 July 13 and 27,2009 August 10 and 24,2009 September 14 and 28,2009 October 12 and 26,2009 November 9 and 23,2009 December 7 and 14,2009 January 11 and 25,2010 February 8 and 22,2010 March 8 and 22,2010 April 12 and 26,2010 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 13th day of April,2009. ayor City of Ned and,Texas ATTEST: � 4N"vti r, • G LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: sar ichard D.Hughes,City orney City of Nederland,Texas 109 CITY OF NEDERLAND ORDINANCE NO.2009-06 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ADOPTING A WATER CONSERVATION PLAN; ESTABLISHING THE OBJECTIVES OF THE PLAN; IDENTIFYING WATER CONSERVATION GOALS; ESTABLISHING ENFORCEMENT OF THE PLAN; ESTABLISHING A PUBLIC EDUCATION AND INFORMATION CAMPAIGN; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Nederland, Texas recognizes that the amount of water available to the City and its water utility customers is limited due to an increasing population and economic development;and WHEREAS, the City recognizes that it is necessary to make efficient use of the existing water supply;and WHEREAS, Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code of the Texas Commission on Environmental Quality defines the parameters of a water conservation plan;and WHEREAS, as authorized under law, and in the best interests of the citizens of Nederland, Texas, the Nederland City Council deems it expedient and necessary to establish certain rules and policies to conserve water. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT: SECTION 1. The City of Nederland herby approves and adopts the Water Conservation Plan attached hereto as Exhibit A. The City shall implement and enforce the Water Conservation Plan and will submit all necessary documents to the Texas Commission on Environmental Quality. SECTION 2. The above-referenced Water Conservation Plan shall be made available for public inspection at the City Clerk's office on a permanent basis and shall be plainly labeled as being the Plan adopted by the City. SECTION 3. The Water Conservation Plan attached hereto as Exhibit A replaces the water conservation plan previously adopted by Ordinance No 1996-10. SECTION 4. All ordinances that are in conflict with the provisions of this ordinance and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. 110 SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof,other than the part so declared to be invalid,illegal or unconstitutional. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law in such cases provides. PASSED,APPROVED AND ADOPTED at areg�ular meeting of the City Council of the City of Nederland on this the .. day of ap4 ,2009. R.A.Nug-nt,M.rr City of Nederla'.,,Texas ATTEST: JId1'1i`�C LaDonna Floyd,City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: ichard D.Hughes,City Attorney City of Nederland,Texas t� 111 I WATER CONSERVATION PLAN FOR CITY OF NEDERLAND,TEXAS 1.INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development in Region I have led to growing demands for water. At the same time, local and less expensive sources of water supply are largely developed. Additional supplies to meet higher demands will be expensive and difficult to develop. Therefore, it is important that we make efficient use of existing supplies and make them last as long as possible. This will delay the need for new supplies,minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality(TCEQ)has developed guidelines and requirements governing the development of water conservation and drought contingency plans for public water suppliers z. The TCEQ guidelines and requirements for water suppliers are included in Appendix A. The City of Nederland has adopted this water conservation plan pursuant to TCEQ guidelines and requirements.This plan replaces City of Nederland Ordinance No. 1996-10. The objectives of the water conservation plan are: •To reduce water consumption •To reduce the loss and waste of water •To identify the level of water reuse •To improve efficiency in the use of water •To extend the life of current water supplies by reducing the rate of growth and demand 2.TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 2.1 Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix A. For the purpose of these rules,a water conservation plan is defined as: "A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source,for reducing the loss or waste of water,for maintaining or improving the efficiency in the use of water, I for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water z management documents(s) 112 According to TCEQ rules,water conservation plans for public water suppliers must have a certain minimum content(Section 3), and must have additional content for public water suppliers that are projected to supply 5,000 or more people in the next ten years(Section 4),and may have additional optional content(Section 5). 3.MINIMUM REQUIRED WATER CONSERVATION PLAN CONTENT The minimum requirements in the Texas Administrative Code for water conservation plans for public drinking water suppliers covered in this report are as follows: •§288.2(a)(1)(A)—Utility Profile—Section 3.1 and Appendix C •§288.2(a)(1)(B)—Specification of Goals Before May 1,2009—Section 3.2 •§288.2(a)(1)(C)—Specification of Goals After May 1,2009—Section 3.2 •§288.2(a)(1)(D)—Accurate Metering—Sections 3.3 and 3.4 •§288.2(a)(1)(E)—Universal Metering—Section 3.4 •§288.2(a)(1)(F)—Determination and Control of Unaccounted Water—Section 3.5 •§288.2(a)(1)(G)—Public Education and Information Program—Section 3.6 •§288.2(a)(1)(H)—Non-Promotional Water Rate Structure—Section 3.7 •§288.2(a)(1)(I)—Reservoir System Operation Plan—Section 3.8 •§288.2(a)(1)(J)—Means of Implementing and Enforcement—Section 3.9,Appendix B •§288.2(a)(1)(K)—Coordination with Regional Water Planning Group—Section 3.10 and Appendix D 3.1 Utility Profile Appendix C to this water conservation plan is a water utility profile for the City of Nederland,based on the format recommended by the TCEQ S. Table 3.1 summarizes key facts from the Water Utility Profile. 3.2 Specification of Water Conservation Goals Table 3.2 shows historical and projected per capita municipal water use for the City of Nederland.Water use is shown in units of gallons per capita per day(gpcd). Municipal water use is total use less wholesale sales to other municipal suppliers less sales to industrial users.Per capita municipal water use is municipal water use divided by population. The per capita municipal water use includes industrial use. Projected per capita municipal uses were obtained from the Texas Water Development Board(TWDB)6 and interpolated to match the appropriate years for the five-year and ten-year goals. The TWDB Projections are applicable for a dry year,in which outdoor water use would be high.Per capita municipal water use in a year with normal or high precipitation during the summer should be less than projected here. 113 r Table 3.1 Summary of Water Utility Profile for the City of Nederland Water Service Area=5 square miles Miles of Distribution Pipe=Approx.250 miles Population: Current Population= 16,178 in 2008 2000 Population—17,422 Projected 2050 Population=20,702 Connections: Current Connections=8242 in 2008 Total Increase in Connections in Last Five Years=308 Information on Water Use for the Last Five Years Use(Million Est. Unaccounted Per Capita Peak to Avg. Year Gallons) Pop.* Water Use Ratio 2004 827.8363 16,807 198.3553 140 1.52 ' 2005 775.52366 16,751 157.44166 133 1.43 2006 719.16568 16,475 111.01868 125 1.55 2007 796.13 16,331 193.663 136 1.49 2008 845.529 16,178 217.034 147 1.57 *Source of population estimate is US Census Water Supply Source(s)= Lower Neches Valley Authority Treatment and Distribution System: Treatment Plant Capacity=6.0 million gallons per day Elevated Storage= 1.5 million gallons Ground Storage=2.45 million gallons Current Total Annual Wastewater Flow= 1082.351 million gallons in 2008. The TWDB projections include the impact of low-flow plumbing fixtures and water conservation measures that have been in effect since at least 2000 but do not include the effect of water conservation measures recommended in this plan. The impact of low-flow plumbing fixtures has been itemized to show the total amount of projected water conservation in the City of Nederland. Table 3.2 shows the projected per capita water use after implementation of this water conservation and drought contingency plan. 114 1 Table 3.2 Per Capita Use Without Implementation of Water Conservation Measures Beyond Those in Effect in 2000 and Water Conservation Goals Ten Year Description Highest Historical Five Year Goal Goal Year GPCD GPCD GPCD Per Capita Municipal Use 2008 147 145 140 The City of Nederland water conservation goals include the following: •Achieve 2015 per capita municipal water use of 145 gpcd or less,as shown in Table 3.2. •Achieve 2020 per capita municipal water use of 140 gpcd or less. •Implement and maintain a meter replacement program(Section 3.4). • Keep the level of unaccounted water in the system less than 18 percent in 2020 and subsequent years (Section 3.5). • Raise public awareness of water conservation and encourage responsible public behavior though a public education and information program,as discussed in Section 3.6 115 ' .3A r Metering ccu ate M terms of Raw Water Supplies and Treated Water Deliveries Raw water and treated water pumpage for all customers of City of Nederland, including public and governmental users, is metered. Each meter has an accuracy of plus or minus 5 percent. The meters are calibrated annually by qualified personnel to maintain the required accuracy and are repaired and/or replaced as needed. 3.4 Metering of Customer and Public Uses and Meter Testing,Repair and Replacement Water usage for all customers of City of Nederland,not including public and governmental users, is metered. All meters in the City were replaced in 2005.As part of water conservation,the City of Nederland operates a meter replacement program that will replace every meter based on it usage identified life cycle. In addition, meters registering any unusual or questionable readings are tested and repaired or replaced to restore full functionality. 3.5 Determination and Control of Unaccounted Water 1 Unaccounted water is the difference between raw water drawn from the Lower Neches Valley Authority Canal and metered deliveries to customers. (This includes authorized but unmetered uses such as fire fighting and releases for flushing of lines.) Unaccounted water can include several categories: • Inaccuracies in customer meters (customer meters tend to run more slowly as they age and under-report actual use) •Losses due to water main breaks and leaks in the water distribution system •Losses due to illegal connections •Other The City of Nederland will conduct a water audit every five years using the format recommended by the Texas Water Development Board. The audit will divide water losses into apparent losses and real losses. Apparent water losses include water that was actually used but not accounted for,such as customer meter errors or theft. Accounting for apparent losses increases the City's utility revenue but does not reduce water usage. Real losses include leakage and overflows at the water treatment plant. Identifying and preventing real losses decreases a utility's costs and decreases water usage. The City will target real losses under this conservation strategy. As shown in Appendix C, unaccounted water for the City of Nederland has varied from 15 percent to 26 percent in the last five years. With the measures described in this plan, the City of Nederland intends to maintain the unaccounted water below 18 percent in 2020 and subsequent years. If unaccounted water ' exceeds this goal,the City of Nederland will implement a more intensive audit to determine the source(s)of water loss and reduce the unaccounted water. 116 1 3.6 Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation for the City of Nederland includes the following elements: •Promote the City's water conservation measures(presented in Sections 3,4 and 5) •Encourage local media coverage of water conservation issues and the importance of water conservation • Notify local organizations, schools, and civic groups that City of Nederland staff is available to make presentations on the importance of water conservation and ways to save water • Make water conservation brochures and other water conservation materials available to the public at the Nederland Public Library and other public places •Make information on water conservation available online at www.ci.nederland.tx.us and will include links to information on water conservation on the TWDB and TCEQ websites. 3.7 Non-Promotional Water Rate Structure Volume Unit Charges 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. 1 111 I 3.8 Reservoir System Operation Plan The City of Nederland does not have a reservoir and therefore has no need for a reservoir system operation plan. 3.9 Implementation and Enforcement of the Water Conservation Plan Appendix B contains a copy of the resolution/ordinance by Nederland's City Council adopting this water conservation plan. The resolution designates responsible officials to implement and enforce the water conservation plan. 3.10 Coordination with Regional Water Planning Group Appendix D includes a copy of a letter sent to the Chair of the Region I Water Planning Group with this water conservation plan. 4.ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT The Texas Administrative Code also includes additional requirements for water conservation plans for public drinking water suppliers that serve a population of 5,000 people or more and/or a projected population of 5,000 people or more within the next ten years: •§288.2(a)(2)(A)—Leak Detection,Repair,and Water Loss Accounting—Sections 3.5 and 4.1 •§288.2(a)(2)(B)—Record Management System—Section 4.2 •§288.2(a)(2)(C)—Requirement for Water Conservation Plans by Wholesale Customers—Section 4.3 4.1 Leak Detection and Repair;Pressure Control Measures to control unaccounted water are part of the routine operations of the City of Nederland. Meter readers watch for and report signs of illegal connections so they can be addressed quickly. Crews and personnel look for and report evidence of leaks in the water distribution system. Maintenance crews respond quickly to repair leaks reported by the public and city personnel. The City of Nederland spends$30,000 per year to repair and replace water distribution lines and uses two distribution line maintenance crews. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement as funds are available. 118 To reduce real water losses,the City of Nederland will maintain a proactive water loss program. As part of this program,the City will implement the following actions: •Conduct regular inspections of all water main fittings and connections •Reduce repair time on leaks by additional repair staff when needed. •Limit surges in pressure •Reduce nighttime pressure where feasible to reduce losses from background leaks 4.2 Record Management System As required by TAC Title 30,Part 1,Chapter 288,Subchapter A,Rule 288.2(a)(2)(B),the record management system for the City of Nederland records water pumped,water delivered,and water sold; estimates for water losses;and allows for the separation of water sales and uses into residential and commercial categories. 4.3 Requirement for Water Conservation Plans by Wholesale Customers Wholesale water customers of the City of Nederland are required to develop and implement a water conservation plan meeting the requirements of Title 30,Part 1,Chapter 288,Subchapter A,Rule 288.2 of the Texas Administrative Code. This requirement is also extended to each successive wholesale customer in the resale of water. 5.OPTIONAL WATER CONSERVATION PLAN CONTENT TCEQ rules also list optional (not required) conservation strategies, which may be adopted by suppliers to achieve the stated goals of the plan. The following optional strategies are listed in the rules and included in this plan: •§288.2(a)(3)(A)—Conservation Oriented Water Rates—Section 3.7 •§288.2(a)(3)(B)—Ordinances,Plumbing Codes or Rules on Water-Conserving Fixtures—Section 5.1 5.1 Ordinances,Plumbing Codes,or Rules on Water-Conserving Fixtures The State of Texas has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads,and 1.6 gallons per flush for toilets. The City of Nederland has adopted the 2003 International Plumbing, Building and Residential Codes. These codes assure that all new construction and renovations in the City of Nederland will use water-conserving fixtures. In addition,federal rules requiring energy-conserving clothes washers by 2007 are expected to assure that new clothes washers in the City of Nederland will be water-efficient. 1 1 CITY OF NEDERLAND ORDINANCE NO.2009-07 AN ORDINANCE OF THE CITY OF NEDERLAND,TEXAS, ADOPTING AN AMENDED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Nederland, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS,the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan;and WHEREAS, as authorized under law, and in the best interests of the citizens of Nederland, Texas, the Nederland City Council deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. That the City of Nederland, Texas Drought Contingency Plan attached hereto as Exhibit A and made part hereof for all purposes be,and the same is hereby,adopted as the official policy of the City. SECTION 2. That the City of Nederland,Texas Drought Contingency Plan attached hereto as Exhibit A replaces the Drought Contingency Plan previously submitted to the Texas Natural Resource Conservation Commission on July 22,2002. SECTION 3. That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,illegal or unconstitutional. 120 SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law in such cases provides. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the !-3 day of fig;' ,2009. R.A.Nu ent yor City of Ned nd,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Att ney City of Nederland,Texas 121 EXHIBIT A DROUGHT CONTINGENCY PLAN FOR THE CITY OF NEDERLAND,TEXAS City of Nederland P.O.Box 967 Nederland,Tx 77627 CCN#10109 PWS#1230006 April 13,2009 Section I: Declaration of Policy,Purpose,and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection,and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Nederland, Texas (the City) hereby adopts the following regulations and restrictions on the delivery and consumption of water through Ordinance No.2009-07. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s)to penalties as defined in Section XI of this Plan. Section II:Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City by means of a Public Meeting held on April 13,2009 at City Hall in the Council Chamber. Section III:Public Education The City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of a Public Meeting. Section IV:Coordination with Regional Water Planning Groups The service area of the City is located within the Deep East Texas Region(I) and the City has 122 provided a copy of this Plan to the Deep East Texas Region(I). A copy of the transmittal letter is attached as Exhibit 2. Section V:Authorization The Mayor and/or the City Manager of the City of Nederland, or their designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Mayor and/or the City Manager or their designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. Section VI:Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City. The terms "person" and "customer" as used in the Plan include individuals,corporations,partnerships,associations,and all other legal entities. Section VII:Definitions For the purposes of this Plan,the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools,and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments,hotels and motels,restaurants,and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer:any person,company,or organization using water supplied by the City. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking,bathing,heating,cooking,sanitation,or for cleaning a residence,business,industry,or institution. Even number address: street addresses, box numbers,or rural postal route numbers ending in 0, 2,4,6,or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value 123 into forms having greater usability and value. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned,including residential and commercial lawns, gardens, golf courses,parks,and rights-of-way and medians. Non-essential water use:water uses that are not essential nor required for the protection of public health,safety,and welfare,including: (a) irrigation of landscape areas,including parks,athletic fields,and golf courses,except otherwise provided under this Plan; (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (c) use of water to wash down any sidewalks,walkways,driveways,parking lots,tennis courts,or other hard-surfaced areas; (d) use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; (g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s);and (i) use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address: street addresses,box numbers,or rural postal route numbers ending in 1, 3,5,7,or 9. Section VIII: Triggering Criteria for Initiation and Termination of Drought Response Stages The Mayor and City Council, the City Manager, and/or the Director of Public Works, or their designee, shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper or general circulation,use of the broadcast media,direct mail to each customer,and/or signs posted in public places. The triggering criteria described below will be initiated as follows: • by Public Works Director,or designated personnel* • by City Manager and/or the Mayor and City Council** • by Mayor and City Council*** 3 124 The City has an existing Water Conservation Plan dated October 1996 and subsequently updated. The information in that Plan is to be the same as presented herein and there are no conflicts intended. (a) Stage 1 -Mild Water Shortage Conditions Requirements for initiation- Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions,when the following conditions exist: 1.* Water demand is approaching the safe capacity of the system on a sustained basis. Sustained water usage over 4.0 mgd for five consecutive days is a trigger condition for Mild Water Shortage. 2.* If a mild contamination is noted in the raw surface water, but the water can still be treated by the existing facilities by means such as increasing chlorine dosage; or additional sources of pollution, serious enough to threaten the quality of water at the City's intake, are reported within the Neches River basin upstream from the LNVA intakes. 3.** Water levels in tanks are consistently below 3/4 full(five days uninterrupted). 4.** Local power failures are imminent as a result of power station failures,storms, transmission problems,or excessive power demand in the area. 5.** Performance of surface water pumps, booster pumps, or other equipment (including pumping equipment for the LNVA Canal) indicates imminent failure. 6.** LNVA has issued a Stage I moderate water shortage condition. 7.** The 24" transmission line from canal to water plant is in imminent danger of failure. 8.** Levees are approaching failure conditions in portions of the LNVA Canal system which are vital to providing Nederland with raw water. 9.*** Water supply emergencies in outlying communities interconnected to the City could require diversion of local water supplies. 10.*** Severe freezing conditions are forecast, and widespread breakage of home plumbing, water treatment units, and/or breakage of distribution lines is anticipated. 12.*** The Mid County area is under a severe storm warning and falls in the path of the storm. (b) Stage 2-Moderate Water Shortage Conditions Requirements for initiation-Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions,when the following conditions exist: 1.* Water demand occasionally reaches firm capacity (6.0 mgd) of system (two days within a 30 day period), and failure of any pump, chlorine feeder, or surface treatment unit could reduce the level of service to the system. 2.* Contamination of surface water is approaching limit of treatability with 4 125 existing facilities. 3.** Over 20%of storage tank capacity is out of service due to structural failure, leakage,maintenance,or contamination. 4.** Water level in tanks is consistently below half full(three days uninterrupted). 5.** A surface water treatment unit has been damaged from a severe storm. 6.** LNVA has issued a Stage II severe water shortage condition. 7.** Water emergencies in adjacent communities require diversion of so much water that the level of service to any part of the Nederland system is threatened. 8.** The 24"transmission line from canal to water plant has failed. 9.*** Levee failure (LNVA Canal) has shut off the supply of raw water to Nederland,and it will be several days before the supply can be resumed. 10.*** Severe freezing conditions have resulted in widespread damage to home plumbing and/or distribution lines. 11.*** One or more surface water pumps (canal or City pumps) have failed due to mechanical problems,but several pumps(in that group)remain operable. (c)Stage 3-Severe Water Shortage Conditions Requirements for initiation-Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section VII - 1 Definitions,when the following conditions exist: 1.* Water demand is exceeding firm capacity (6.0 mgd) on a regular basis (five consecutive days). 2.** Surface water is so contaminated that it cannot be treated with existing facilities, or such contamination is imminent because of nearby canal or stream pollution. 3.** An immediate health or safety hazard could result from actual or imminent failure of a system component. 4.*** Water levels in elevated tanks are too low to provide adequate fire protection (generally less than 1/4 full). 5.*** Several elevated or ground storage tanks are out of service. 6.*** Rupture of distribution lines or filter compartments in water plant has resulted in loss of water from storage tanks,and the pumps are not capable of refilling tanks quickly. 7.*** LNVA has issued a Stage III emergency water shortage condition. 8.*** Levee failure (LNVA Canal) has shut off the supply of raw water to Nederland,and it will be an extended length of time before the supply can be resumed. 9.*** All or most surface water pumps in any group (canal or City pumps) have failed due to mechanical problems and will be out of service for an extended period of time. 10.*** Water emergencies in adjacent communities require so much water diversion that service to portions of the Nederland system is severely disrupted. 5 126 (d)Termination of Emergencies I Trigger conditions of termination or downgrading of an emergency are not broken down by severity of crisis but are listed as one group. The City Manager,the Director of Public Works,and/or the Mayor and City Council must use judgement as to whether to upgrade, continue,downgrade,or discontinue an emergency. The decision to terminate or downgrade an emergency will normally be made at the level Mayor and City Council, City Manager, or Public Works Director at which the emergency was declared. Emergencies will be terminated or downgraded in events such as the following: 1. Water demand has been reduced to safe levels and is expected to remain stable. 2. Actual contamination of water supplies is ended or is under control; or threat of contamination has subsided; or alternate supply has been obtained on temporary or permanent basis. 3. Power has been restored and no additional power failures are anticipated. 4. Failure of system components has been averted or repaired; or, temporary units have been substituted;or alternate supplies have been obtained. 5. Water emergency in adjacent communities is ended or mitigated. 6. Water levels in elevated or ground storage tanks have been restored to normal. 7. Freezing conditions have ended without damaging the water system; or damage has been repaired. 8. The storm has passed without damaging the water system;or damage has been repaired. Section IX:Drought Response Stages The City Manager,or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and,in accordance with the triggering criteria set forth in Section VIII of the Plan, shall determine that a mild, moderate, or severe condition exists and shall implement the following actions upon publication of notice in a newspaper of general circulation and/or through use of the broadcast media: (a) Stage 1-Mild Water Shortage Conditions Target: To achieve a voluntary 30% reduction of non-essential water use and prevent wasting of water. 1. Inform all customers that a low level emergency has been reached. In the case of a slowly developing crisis, notice could be through news media. For a more imminent crisis, the news media should be used along with flyers distributed to customers. Flyers should contain a date and signature along with the message to make it clear that they represent current developments. 6 127 Some situations such as failure of a single piece of equipment could be handled by City personnel without notifying the public. 2. Request that customers start reducing water use; protect pipes against freezing;and/or store water for emergency use,as appropriate. 3. Recommend a voluntary lawn watering schedule,if appropriate. 4. Look into possibility of alternate supply, including activation of interconnections if appropriate. 5. Make or arrange for repairs;if appropriate. 6. Pursue action against stream pollution,if appropriate. 7. Take steps toward increasing system capacity, if usage is nearing safe capacity. 8. Keep customers updated as appropriate through the media. (b) Stage 2-Moderate Water Shortage Conditions Target: To achieve a 90% reduction of non-essential water use and a 30% reduction of total water use. 1. Notify customers of intermediate level emergency by appropriate means. 2.* Impose mandatory lawn watering schedule, if appropriate (in dry weather conditions),under authority of Ordinance No. 1996-12. 3.* Prohibit wasteful uses defined as"Water Waste"in Ordinance No. 1996-12. 4. In the event of contamination, notify customers so that they can seek bottled drinking water supply or be prepared to purify City water if needed. 5. Seek reduced usage from commercial users and outside entities if appropriate. 6. Take steps toward obtaining alternate supply (including activation of interconnections),if appropriate. 7.* Impose surcharge system,if appropriate. 8. Make or arrange for repairs,if appropriate. 9. Pursue action against stream pollution,if appropriate. 10. Take measures toward increasing system capacity,if appropriate. 11. Keep customers updated as appropriate through the media. *See Ordinance No. 1996-12 for various procedures for businesses dependent on outdoor water usage. (c) Stage 3-Severe Water Shortage Conditions Target: To achieve maximum water use reductions to sustain essential supply for public health,safety and welfare for the maximum period during the period of the emergency conditions. 1. Notify customers of emergency by appropriate means. 2.* Prohibit all outdoor use and all wasteful use under authority of Ordinance No. 1996-12. 3.* Impose surcharge system,if appropriate(if not already done). 4.* Impose rationing,if appropriate. 5. In the case of contamination,warn customers to use bottled water for drinking 7 128 and cooking(or to purify City water before use,if appropriate). 6. Require commercial users to stop using City water for processes, for cooling, or for recreation. 7. Place City and neighboring fire departments on alert that pumper units may be needed,if appropriate. 8. Make or arrange for repairs,if appropriate. 9. Pursue action against stream pollution,if appropriate 10. Act as fast as possible toward expanding system capacity, providing additional treatment,and/or obtaining alternate supply,if appropriate. 11. Keep customers updated as appropriate through the media. *See Ordinance No. 1996-12 for various procedures for businesses dependent on outdoor water usage. Section X:Water Rationing In the event that water shortage conditions threaten public health, safety, and welfare, the City Council may declare a water use emergency as noted in Ordinance No. 1996-12 and authorize water rationing as follows: All Customers Allowed Consumption Residential-50 gallons/household member/day School- 100 gallons(plus 5 gallons per student on days that classes are held) Commercial—75%of daily average consumption Recreational Facility—75%of daily average consumption Industrial—75%of daily average consumption Rationing shall become effective as soon as the meter serving the user can be read and the user notified either directly or through the news media. The City shall provide notice to each wholesale customer informing them of the water use emergency and the implementation of water rationing. Pro rata curtailment of water deliveries to or diversions by wholesale water customers shall be initiated as provided in Texas Water Code §11.039. Wholesale water contracts entered into or renewed after adoption of the Drought Contingency Plan,including contract extensions,shall include a provision that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code,§11.039. Section XI:Enforcement (a) No person shall knowingly or intentionally allow the use of water from the City for residential, commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision of this Plan,or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the Mayor and City Council and/or City Manager, or his/her designee, in accordance with provisions of this Plan. 8 129 (b) Any person who violates this Plan is guilty of a misdemeanor and,upon conviction, shall be punished by a fine noted in the provisions of Ordinance No. 1996-12. (c) Any person, including a person classified as a water customer of the City, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. (d) Any employee of the City, police officer, or other person designated by the City Manager,may file charges on a person he/she reasonably believes to be in violation of Ordinance No. 1996-12. Section XII:Variances The Mayor and City Council, or their designee, may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with the Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the Mayor and City Council,through the City Manager, within five(5)calendar days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Director of Public Works, or his/her designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s)of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or other if petitioner complies with this Plan. (e) Description of the relief requested. (f) Period of time for which the variance is sought. 9 130 (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the Mayor and City Council: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Section XIII:Severability It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City Council without the incorporation into this Plan of any such unconstitutional phrase,clause,sentence,paragraph,or section. 10 131 AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment to Employment Agreement, is made and entered into this the 30`h day of March, 2009, by the City of Nederland, Texas, a municipal corporation ("CITY")and Christopher Duque("DUQUE"), both of whom understand as follows: WHEREAS, DUQUE has voluntarily and under his own initiative elected not to accept a scheduled salary increase from$94,657.00 to$100,336.00,which was due him under the terms and conditions of the Employment Agreement ("AGREEMENT") made and entered into with the CITY effective September 30, 2008; WHEREAS, CITY is willing to accept the recommendation made by its City Manager, DUQUE, regarding his waiver of any salary increase due after six (6) months of successful performance in accordance with "Section 9. Performance Evaluation" of the AGREEMENT. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other consideration, CITY and DUQUE agree as follows: 1. "Section 9. Performance Evaluation" of the AGREEMENT is amended to read as follows: "DUQUE may be evaluated at City's Council's discretion. CITY shall provide DUQUE with a copy of each such evaluation. CITY further agrees to review the salary and other benefits of the City Manager at least annually." 2. DUQUE hereby waives and RELINQUISHES all interest in and to, now and forever, the additional compensation set forth in Section 9 of the AGREEMENT, which amounted to an additional $5,679.00 in annual compensation upon satisfactory evaluation at the end of his first six (6) months of employment. 3. All other provisions, terms, and conditions of the AGREEMENT not expressly amended by this Amendment shall continue in full force and effect as stated. 132 This Amendment shall be and become effective as of the date above first written upon adoption and approval of the City Council, and the execution and delivery hereof by the Mayor of the CITY and DUQUE. CITY OF NEDERLAND , (1- R. A. DI ' GENT, Mayor Date: (-( IITT 3-0 q ATTEST: cv LaDONNA FLOYD, City C erk CHRIS PHER gU�7k5 t Manager Date. L� l 2 133 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 6:00 p.m. April 27, 2009 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 Neal to approve the minutes of the April 13, 2009 meeting as written. MOTION CARRIED Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 3. PROCLAMATION Mayor Nugent presented a Proclamation to David Die, Texas Motorcycle Safety Coalition, declaring April 2009 as Motorcycle Safety and Awareness Month in Nederland, Texas. Mr. Die thanked the Council for their continued support of motorcycle safety. He added that they have been working with various agencies to support safe riding and awareness to drivers of all types of vehicles. A motion was made by Mayor Nugent and seconded by Councilmember Griffin to approve a Proclamation declaring April 2009 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 4. RESOLUTION A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve the second and final reading of Resolution No. 2009-03, ratifying the action of the Nederland Economic Development Corporation regarding the Beauxart Garden Road construction project. MOTION CARRIED Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 134 Minutes continued, April 27, 2009 5. FINANCE - INVESTMENT REPORT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the Quarter ending March 31, 2009. A motion was made by Councilmember Neal and seconded by Councilmember Griffin to accept the Quarterly Investment Report as presented (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 6. PURCHASES A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to authorize the purchase of overhead doors at the Fire Station from Action Overhead Doors, Nederland, Texas, in the amount of$29,986.00. MOTION CARRIED Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 7. SURPLUS PROPERTY A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to declare a pumper truck as surplus property and authorize the donation to the China, Texas Volunteer Fire Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 8. ORDINANCE A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Rogers to approve Ordinance No. 2009-08, establishing and maintaining the existing rates of Texas Gas Service. 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. 2009-09, revising the park fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. E 135 Minutes continued, April 27, 2009 9. REPORTS Steve Hamilton, Director of Public Works, briefed the Council on the 2009 Street Program. He stated that they are ahead of schedule, however, the heavy rains last week may have caused some problems with the streets that have been bomagged. Mr. Hamilton added that CRC has submitted a contract should and he anticipates submitting a purchase order to the City Manager as soon as possible. Street striping of Helena Avenue from 27th Street to Hwy. 69 will begin this week. 10. EXECUTIVE SSESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Sawyer to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. 11. COMMUNICATION City Manager Report: a. May 6th Council Meeting Mr. Duque reminded Council that the next regular meeting will be held on Wednesday, May 6th at 4:30 p.m. He stated the May meetings were changed due to the election and State statute regulations regarding the time period for canvassing, as well as the Memorial Day holiday. b. July 4th Event Mr. Duque announced that a July 4th event is being planned and will be held at Doornbos Park. He added that this will be a family oriented celebration, but at this time no fireworks are planned. Donations will be sought from the business community. 12. ADJOURN There being no further business a motion was made by Councilmember Griffin and seconded by Councilmember Rogers to adjourn the meeting at 6:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Neal, Griffin, and Rogers. Noes: None. R. A. Nugent, or City of Nederland, Texas ATTEST: (44 Crvv,ick LaDonna Floyd, City Clerk City of Nederland, Texas 136 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor V Robert Sawyer Council Member-Ward I Billy Neal Council Member-Ward II 1/ Debby Griffin Council Member-Ward III Ij Bert Rogers Council Member-Ward IV L� Chris Duque City Manager ✓ LaDonna Floyd City Clerk 'f/ 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 Manager ,J Joni Underwood Executive Secretary r r r R.A.Nugent, yor (-34 LaDonna Floyd,City Clerk Date 137 f co R A."Dick"Nugent,Mayor ./4 Robert Sawyer.Mayor Pro Tern Billy Neal.Councitmember � ° 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 March 31, 2009 This report has been prepared in accordance with the Public Funds Investment Act(Section 2256.023,Government Code),which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland r is Duque,City Manager ( ) ,•its �-- :den. Director of Finance • "Programmed for Progress" Y -- -- 138 City of Nederland Summary of Account Activity Total Portfolio-All Accounts For Quarter Ending March 31,2009 Investments at Beginning of Period (1-1-09) $ 9,988,056.05 Purchases 10,851.18 Maturities 0.00 Investments at End of Period(3-31-09) $ 9,998,907.23 Maturity Summary at March 31, 2009 ❑Less than 3 months ❑9 to 12 months 1 139 City of Nederland Summary of Account Activity Total Portfolio-All Accounts For Quarter Ending March 31,2009 Balance Balance 01/01/2009 Purchases Maturities 03/31/2009 General Fund $ 4,315,998.77 $ 7,834.25 $ 4,323,833.02 Library Fund 32,119.78 40.11 32,159.89 Water&Sewer Fund 997,209.25 1,810.11 999,019.36 Motel Occupancy Tax Fund 12,123.18 22.00 12,145.18 Solid Waste Fund 505,262.76 917.15 506,179.91 Police Narcotics Fund 46,874.79 85.09 46,959.88 Wastewater Construction Fund 4,000,000.00 0.00 4,000,000.00 Bond Redemption Fund 78,467.52 142.47 78,609.99 $ 9,988,056.05 $ 10,851.18 $ - $ 9,998,907.23 I Fund Allocation at March 31, 2009 Other 0.91% Wastewater Construction Fund General Fund 40.00% 43.24% Solid Waste Fun 5.06% Bond Redemption Water&Sewer Fund Fund 9.99�0 0.79% I 140 Investment Report Schedule Investments for the Quarter ended March 31,2009 CERTIFICATES OF DEPOSIT Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount March 31,2009 Held at March 31,2009 Library Special Fund 1481085106 12/31/2008 01/01/2010 366 1.34% 10,000.00 $ 33.10 Wastewater Construction Fund 1481089728 11/24/2008 06/24/2009 212 2.23% 4,000,000.00 22,054.43 Total Interest Earned on CDs for the quarter ended March 31,2009 $ 22,087.53 Total Certificates of Deposit held at March 31,2009 $4,010,000.00 1 141 Investment Report Schedule Investments for the Quarter ended March 31,2009 1 INVESTMENT POOL-TEXPOOL Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 01/01/09 03/31/09 1 0.73% $4,315,998.77 $ 7,834.25 $4,323,833.02 Water&Sewer 01/01/09 03/31/09 1 0.73% 997,209.25 1,810.11 999,019.36 Bond Redemption Fund 01/01/09 03/31/09 1 0.73% 78,467.52 142.47 78,609.99 Motel Occupancy Tax Fund 01/01/09 03/31/09 1 0.73% 12,123.18 22.00 12,145.18 Library Special 01/01/09 03/31/09 1 0.73% 22,119.78 40.11 22,159.89 Solid Waste Fund 01/01/09 03/31/09 I 0.73% 505,262.76 917.15 506,179.91 Police Narcotic Fund 01/01/09 03/31/09 1 0.73% 46,874.79 85.09 46,959.88 Totals for TEXPOOL Investments $5,978,056.05 $ 10,851.18 $5,988,907.23 I 142 Investment Report Schedule Investments for the Quarter ended March 31,2009 INTEREST T ST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31,2009 Bond Redemption Fund 01/01/09 03/31/09 1 0.4049% $ 77.89 Capital Outlay Fund 01/01/09 03/31/09 1 0.4049% 2,378.76 Court Technology Fund 01/01/09 03/31/09 1 0.4049% 10.31 Equipment Replacement Funds 01/01/09 03/31/09 1 0.4049% 2,765.30 General Fund 01/01/09 03/31/09 1 0.4049% 1,529.41 Library Special Fund 01/01/09 03/31/09 1 0.4049% 32.35 MCML Dispatch 01/01/09 03/31/09 1 0.4049% 361.45 Motel Occupancy Tax Fund 01/01/09 03/31/09 1 0.4049% 0.00 Parks&Recreation Special Fund 01/01/09 03/31/09 1 0.4049% 35.44 Police Narcotic Fund 01/01/09 03/31/09 I 0.4049% 287.96 Solid Waste Fund 01/01/09 03/31/09 1 0.4049% 598.40 Street Improvement Fund 01/01/09 03/31/09 1 0.4049% 851.04 SRF Construction&Escrow Funds 01/01/09 03/31/09 1 0.4049% 0.29 SSES Fund 01/01/09 03/31/09 1 0.4049% 743.40 Wastewater Construction Fund 01/01/09 03/31/09 1 0.4049% 649.89 W&S Certificate Fund 01/01/09 03/31/09 1 0.4049% 88.93 Water&Sewer Fund 01/01/09 03/31/09 1 0.4049% 790.26 $ 11,201.08 I 143 Investment Report Schedule March 31,2009 Interest Earnings for Quarter Ended March 31,2009 Bond Redemption Fund $ 220.36 Capital Outllay Fund 2,378.76 Court Technology Fund 10.31 Equipment Replacement Funds 2,765.30 General Fund 9,363.66 Library Special Fund 105.56 MCML Dispatch 361.45 Motel Occupancy Tax Fund 22.00 Parks&Recreation Special Fund 35.44 Police Narcotic Account 373.05 Solid Waste Fund 1,515.55 Street Improvement Fund 851.04 SRF Escrow&Construction Funds 0.29 SSES Fund 743.40 Wastewater Construction Fund 22,704.32 W&S Certificate Fund 88.93 Water&Sewer Fund 2,600.37 $ 44,139.79 144' CITY OF NEDERLAND RESOLUTION 2009-03 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 project costs associated with the Beauxart Garden Road improvement project, including road construction, utility relocation, engineering costs and inspections costs in an aggregate maximum amount of not more than one million eight hundred eighty one thousand three hundred thirty five dollars and forty seven cents($1,881,335.47),with the cost of said project to be shared by the City of Nederland at 50%of the maximum aggregate cost and the costs to be shared by the Nederland Economic Development Corporation to be at an equal 50%of the disclosed aggregate maximum of$1,881.335.47 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 13`s day of April ,2009 at which meeting a quorum was present and voting. R.A.Nugent, or City of Neder and,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas 145 IAPPROVED AS TO FORM AND LEGALITY: 'chard D.Hugh City Att ey I City of Nederland,Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 27th day of April,2009 at which meeting a quorum was present and voting. �` R.A.Nugent,M City of Nederland, exas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: ' 'chard D.Hughess it City of Nederland,Texas 146 ORDINANCE NO. 2009-08 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS MAINTAINING THE JUST AND REASONABLE RATES TO BE CHARGED BY TEXAS GAS SERVICE FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF NEDERLAND, TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS,on or about April 1,2009,Texas Gas Service("TGS"or`Company")filed a Statement of Intent with the City Clerk in Nederland,Texas stating that a small increase in base rates is warranted but proposing that there be no change in base rates for the South Jefferson County Service Area; WHEREAS,TGS states that the rate increase warranted does not justify the expense of regulatory review; WHEREAS,TGS states that there are no new tariffs to submit or to approve; WHEREAS,the City consulted the Lawton Law Firm,P.C.regarding TLS's request to maintain the current rates; WHEREAS, the Lawton Law Firm, P.C. states that the Company's application is complies with the requirements of TGS's Cost of Service Adjustment clause and recommends approval of the Company's filing for no increase in rates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,THAT: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. TGS's request to maintain current rates for the Company in the South Jefferson County Service Area is approved. 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 ordinance shall be effective immediately on passage. PASSED AND APPROVED by the City Council of the City of Nederland,Texas this the 27TH day of APRIL,2009. R.A.Nugent, yor City of Nederl d,Texas ATTEST: LaDonna City City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: 'chard D.Hughes,City Adolf/my City of Nederland,Texas 147 ORDINANCE NO. 2009-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING HOURS OF OPERATION,PROCEDURES,FACILITY RENTAL FEES, POOL RENTAL/PASSES,AND LEAGUE FEES FOR THE NEDERLAND RECREATION CENTER AS SHOWN IN EXHIBIT "A"; REPEALING ORDINANCE NO. 2008-10; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Nederland Parks & Recreation Board has reviewed the presented revisions to the parks schedule of fees ordinance and recommends its adoption to the Nederland City Council;and 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.2008- 10 by the passage of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT Section 1. 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 Section 2. Ordinance No. 2008-10 shall be repealed when this Ordinance becomes effective;and Section 3. 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 27TH day of APRIL,2009. R.A.Nugent, itr,r City of Nederlan•,Texas ATTEST: CATtYwi LaDonna Floyd,City erk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City A omey City of Nederland,Texas 148 Exhibit A I RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Business hours Private use/After hours Monday-Thursday 10 a.m.-8 p.m. N/A Friday 10 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 110.00 charge per card RECREATION BUILDING NON-RESIDENT FEES NISD Students(under 19 with valid School ID) No charge Daiit Motithit Qa rerh Annual Other Non-residents(full budding use) $5.00 $30.00 $80.00 $200.00 College Students $2.00 Monthly Quarterly Annual Hoop-N-Spike Club(Gym&Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club(racquetball roust only) $20.00 $50.00 $120.00 All patrons,resident and non-resident,must register at front desk to be granted use of facility I.D.Required for entry-recurring non-resident visitors must register at front counter RECREATION BUILDING RENTAL FEES All activities and applications must be approved by Recreation/Aquatics Supervisor before transaction is finalized. All atter-hour functions must be reserved toe business days before desired date. RESIDENT Hourly rates Business hours After hours Deposit I Racquetball(per player,max two hours) $2.00 N/A N/A Gymnasium(2-hour minimum)-After hours only N/A $25.00 $100.00 Game room-After-hours only N/A $25.00 $40.00 Van Gogh(Rooms 111/122) $15.00 $25.00 $20.00 Rembrandt(Room 129) $15.00 $25.00 $20.00 Kitchen $2.00 $2.00 N/A Three rooms N/A $75.00 $160.00 Vermeer(Room 124) N/A N/A N/A Outdoor facilities(permit issued) N/A N/A $50.00 **Functions exceeding 75 up to 100 persons will be charged$1.00 per person over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility. NON-RESIDENT Hourly rates Business borers After bows Deposit Racquetball(per player,max.two hours,most be with resident) $4.00 N/A N/A Gymnasium(2-hour minimum)-After hours only N/A $35.00 $100.00 Game room-After hours on/p 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(m 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. LEAGUE FEES Softball $325.00/team Includes Affiliation dues&official's fees I Basketball $100.00/team Teams pay officials(referees,scorekeeper) Volleyball $50.00/team Teams pay officials(referees,scorekeeper) Random Draw volleyball tournaments $5.00/participant 149 Code of Conduct • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. • Active members of the United States Armed Forces,with valid military I.D.,will be given resident status for facility use and rental fees. • Neither alcoholic nor tobacco products of any kind are allowed in building,no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • Only residents are allowed reserve racquetball courts. Non-resident must be with resident to play racquetball,unless a non-resident membership is purchased. Minimum age for racquetball participants without adult supervision is 16-years-old. Rental Stipulations • Applications—Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full(including the deposit)in order for a date to be reserved. • Deposits—A clean-up/damage deposit is 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. Applicants 3fe responsible Lot Shg behavior pull pegs r erg the facility. 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 clean-up, outline building usage, screen other patrons entering building during private functions and grant access to a telephone for emergencies only.The gym is available for athletic/recreational use only. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment—For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s)15 minutes before scheduled time of function. Any extra preparation time must be included in rental application and reservation. All clean-up and restoration must be included in allotted time of reservation. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations—No glitter or confetti are allowed as decoration. No thumbtacks or hot-glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit • Security—Security shall be defined as an off-duty law-enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police,to be on the Recreation Building premises for duration of scheduled function. 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 All functions exceeding 75 people are subject to security arrangements. o Applicants ate respsn,ible for Security=sum=when relevant.and must¢g confirmed within 24 hourt Qf atglicatiotl,otherwise Ste function yell lie 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. o The Recreation/Aquatics Supervisor reserves the right to deny use of the facility;such action may be appealed to the City Council. o Food vendors are required to secure permits needed for sale of food items. o City sponsored or co-sponsored events shall not be subject to Merchant Fee. • Nrnprodt 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. 1 150 NEDERLAND SWIMMING POOL HOURS OF OPERATION School not is session Monday 9 a.m.—12 p.m. Swim Lessons Tuesday 8 a.m.—9 a.m. Senior Swim 9 a.m.—12 p.m. Swim Lessons 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5:30 p.m.—9:30 p.m. Private Rental Wednesday 8 a.m.—9 a.m. Senior Swim 9 a.m.—12 p.m. Swim Lessons 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5:30 p.m.—9:30 p.m. Private Rental Wednesday 8 a.m.—9 a.m. Senior Swim 9 am.—12 p.m. Swim Lessons 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5:30 p.m.—9:30 p.m. Private Rental Thursday 8 a.m.—9 a.m. Senior Swim 9 a.m.—12 p.m. Swim Lessons 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5 p.m.—8 p.m. Family Night Friday 8 a.m.—9 a.m. Senior Swim 9 a.m.—10 a.m. Cleaning 10 a.m.—12 p.m. Day Cares 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5:30 p.m.—9:30 p.m. Private Rental Saturday 10 a.m.—Noon Private rental 12 p.m.—1 p.m. Cleaning 1 p.m.—5 p.m. Public Swim 5:30 p.m.—9:30 p.m. Private Rental Sunday 1 p.m.—5 p.m. Public Swim 5 p.m.—8 p.m. Private rental Weekly 10-Noon slot reserved for special group use or make-up parties Holiday and special event swim hours will be Noon—7 School in session Monday CLOSED Maintenance Tuesday 4:15 p.m.—8:30 p.m. Private rental Wednesday 4:15 p.m.—8:30 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 Noon—7 p.m. Public Swim 7:30 p.m.—9:30 p.m. Private rental Sunday Noon—5 p.m. Public Swim 5:15 p.m.—7:15 p.m. Private rental POOL FEES Private Party Rental 1-50 swimmers 51+swimmers Deposit Ito bold date) (2 Hours) $150.00 $200.00 $40.00 Daily Admission All children underage of 10 regrdre parext/guardlarr/adu/1 supervision at all times,no exceptions All ages 10-Adult $4.00 Ages 5-9(must be with adult) $2.00 Ages 4&under(must be with adult) Free(with one adult admission) Senior Citizens(over age 62) Free Special event admission(i.e.Holiday or special swim hours) Al/children under age of 10 require parent/guardian/adult supeni.sion at all times,no exceptions All ages 10-Adult $3.00 Ages 5-9(must be with adult) $1.50 151 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 $4.00 Ages 5-9(must be with adult) $2.00 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 Replacement Pass $10 Notes: Single pass o Only valid for swimmers over the age of 10. o Parent consent and emergency contact information required at application. o No admission/attendance requirements. Family passes o All children under age of 10 reguire parent/guardian/ads t supervision at all times,no exceptions. o Non-relative adults(baby-sitters,neighbors,etc)may be listed on application. o Additional members may be added up to seven(7)family members Swimming Pool Code of Conduct: •The normal swim season is from Memorial Day to Labor Day. •Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person,no dates will be held without application and deposit. •Rental applicants are responsible for the behavior of all guests using the facility. •No private parties are allowed during public swim hours. •Neither alcoholic nor tobacco products of any kind are allowed on premises,no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. •No glass containers of any sort,kind or variety allowed;no exceptions. •Public swim patrons are allowed to bring hydrating-style beverages—such as bottled water,tap water in exercise-style personal drinking bottle,sports drinks,etc.—all of which are subject to pool management and staff inspection. •No outside food allowed,except for Family Night and private rental events. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. •Patrons are allowed to leave pool grounds and return without penalty. •Wade pool is designated for children 42 inches tall and under,accompanied by parent or guardian. 1 152 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 6, 2009 1. MEETING The meeting was called to order at 4:30 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 April 27, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 3. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Sawyer to accept the Aprill 2009 Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 4. PAYMENTS A motion was made by Mayor Pro Tern Sawyer and seconded by Councilmember Griffin to approve payment of the bills for the month of April 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tern Sawyer and seconded by Mayor Nugent to approve a payment to Schaumburg & Polk, Inc. in the amount of $10,389.00, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Sawyer to approve a payment to Schaumburg & Polk, Inc. in the amount of $12,152.50, 2009 Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. I 153 Minutes continued, May 6, 2009 5. CONTRACTS A motion was made by Mayor Pro Tem Sawyer and seconded by Councilmember Rogers to approve an agreement with T&N Laboratories & Engineering for Quality Control Testing Services relating to the Beauxart Garden construction project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Griffin to approve a Memorandum of Understanding with the Nederland Independent School District in regards to the SRO-COPS. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 6. RESOLUTION A motion was made by Councilmember Griffin and seconded by Councilmember Rogers to approve the first reading of Resolution No. 2009-04, ratifying the action of the Nederland Economic Development Corporation relating to project costs in the amount of$14,000.00 for Hernandez Office Supply. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 7. AUDIT James Edwards, Edwards & Fontenote, LLP, reviewed the FY 2007-2008 audit. Mr. Edwards stated that they issued a clean 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 Pro Tem Sawyer and seconded by Councilmember Rogers to accept the 2007-2008 as presented by Edwards & Fontenote, LLP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 8. 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, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 9. OFFICIALS'COMMENTS None. 154 Minutes continued, May 6, 2009 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Griffin to adjourn the meeting at 4:57 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. XIY1f11/tr--- R. A. Nugent, yor City of Nederl nd,Texas ATTEST: Le Floyd, City Clei-k City of Nederland,Texas 1 155 CITY OF NEDERLAND ICOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor j/ 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 17 LaDonna Floyd City Clerk Richard Hughes City Attorney ✓ Cheryl Dowden Director of Finance ✓ 1 Darrell Bush Police Chief f Gary Collins Fire Chief p✓ Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official IV Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretary ✓ fr1/4.4enar -,R. ILaDonna Floyd,City Clerk. (/_„_„._, - Q,d_____ Date 156 Nederland Independent School District GAIL KROHN Superintendent SRO-COPS MEMORANDUM OF UNDERSTANDING The following is an agreement between the City of Nederland (City) and the Nederland Independent School District (NISD). The purpose of the memorandum is to define the responsibilities of the individuals and partners involved. The goals and objectives of this partnership are to provide a police presence and to continue the concept of School Resource Officer-Community Oriented Policing(SRO-COPS) in the schools of the Nederland Independent School District. The school district serves approximately 4,996 students on eight(8)campuses in Nederland,Texas. The Nederland Police Department and the Nederland Independent School District feel that we, together with the SRO-COPS program, will provide a more secure environment for our children to be educated. Early intervention with troubled youths and gang identifications by an on-site SRO-COPS officer, together with teachers, counselors, and administrators,will naturally accomplish what the school district or the police department alone has difficulty providing. The City and the NISD will be jointly responsible for financial support of the position. NISD shall be responsible for seventy-nine percent(79%)of the cost of the SRO-COPS officer, in addition to one hundred percent (100%) of any and all overtime costs as a result of NISD direction; the City shall be responsible for twenty-one percent (21%) of the costs of the SRO- COPS officer,in addition to one hundred percent(100%)of any and all overtime costs as a result of City direction. For purposes of this Memorandum of Understanding, the cost of the SRO- COPS officer shall include salary and wages, longevity pay, certification pay, social security, worker's compensation insurance, health insurance, dental insurance, long-term disability insurance, life insurance/AD&D,and TMRS retirement. The City shall bill NISD on a quarterly basis. NISD agrees to remit payment to the City within thirty (30) days of receipt of the 220 North 17th Street • Nederland,Texas 77627 • (409)724-2391 • Fax(409) 724-4280 http://www.nederland.k12.tx.us 9 l 57 1 quarterly statement. The City will be responsible for disbursement of funds with the SRO-COPS officer remaining an employee of the City. Cost of the program will be reviewed annually in May or each year and adjustments made as approved by the Nederland Board of Trustees and the Nederland City Council. In the event that both the NISD and the City are unable to agree on the necessary adjustments by June 30 of each year,this Memorandum of Understanding shall automatically terminate on July 1. The supervision of the SRO-COPS officer will remain the responsibility of the Nederland Police Department. However,the SRO-COPS officer will work at the direction of the Nederland Independent School District Superintendent(or designee), so long as this does not conflict with the established rules and regulations of the Nederland Police Department. The SRO-COPS officer will work closely with the Nederland Independent School District officials to achieve a comprehensive program to provide an essential partnership to the service of the parents and students of the Nederland Independent School District. The SRO- COPS position includes,but is not limited to,the following activities: U1. Provide on-site security to Nederland Independent School District campuses, 2. Teach crime prevention and substance-abuse classes, 3. Monitor troubled students, 4. Provide a liaison between the school officials and the Nederland Police Department, 5. Assist parent-teacher organizations in the realization of common goals, 6. Assist school administrators in providing a safe and secure learning environment for the students,employees,and visitors of all Nederland Independent School District campuses and facilities,and 7. Assist school administrators,teachers,and staff in the enforcement of NISD student code . . duct violations that are also violations of law. G N Christop•- V uque,City Manager Date City of,,'-• and I / / 74. RA,ail Kro .,Superintendent Date I i Nederlan,, Independent School District 158 RESOLUTION 2009-04 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 offering of an incentive to Hemandez Office Supply,an aggregate maximum amount of not more than Fourteen Thousand dollars ($14,000.00), 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 6'"day of May ,2009 at which meeting a quorum was present and voting. urlL R.A.Nuge/ ayor City of Ne. land,Texas ATTEST: /1 df4°-^"c... Qi LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City omey City of Nederland,Texas 159 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 18th day of May, 2009 at which meeting a quorum was present and voting. R.A.Nuge Mayor City of Ne rland,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Atto y City of Nederland,Texas 1 160 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND r' 4:30 p.m. May 18, 2009 1. MEETING The meeting was called to order at 4:30 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 Griffin to approve the minutes of the April 27, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. 3. ELECTION LaDonna Floyd, City Clerk, read the results of the May 9, 2009 General Election. There were a total of 2,984 ballots cast in the City election. Each candidate received the following number of votes: Early Voting Election Day Total Council, Ward I Jeff Ortiz 818 460 1,278 John Bernard 650 398 1,048 Council, Ward III Randy Sonnier 635 434 1,069 Don Albanese 959 500 1,459 A motion was made by Councilmember Rogers and seconded by Mayor Nugent to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Sawyer, Griffin, and Rogers. Noes: None. Absent: Councilmember Neal. LaDonna Floyd, City Clerk, administered the Oath of Office to Jeff Ortiz, Councilmember Ward I, and Don Albanese, Councilmember Ward III. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to elect Councilmember Neal Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 19 Minutes continued, May 18, 2009 161 LaDonna Floyd, City Clerk, read the results of the May 9, 2009 Special Election for ' the submission of seventeen (17) charter propositions. There were a total of 2,984 ballots cast as follows: EARLY ELECTION TOTAL VOTING DAY PROPOSITION NO.1 "FOR" 935 575 1510 "AGAINST" 404 217 621 PROPOSITION NO.2 "FOR" 858 488 1346 "AGAINST" 567 340 907 PROPOSITION NO.3 "FOR" 1246 708 1954 "AGAINST" 212 136 348 PROPOSITION NO.4 "FOR" 978 559 1537 "AGAINST" 489 302 791 PROPOSITION NO.5 "FOR" 827 501 1328 "AGAINST" 553 311 864 PROPOSITION NO.6 "FOR" 786 441 1227 "AGAINST" 596 382 978 ' PROPOSITION NO.7 "FOR" 1269 745 2014 "AGAINST" 170 100 270 PROPOSITION NO.8 "FOR" 1157 663 1820 "AGAINST" 214 130 344 PROPOSITION NO.9 "FOR" 1041 622 1663 "AGAINST" 319 181 500 PROPOSITION NO.10 "FOR" 853 515 1368 "AGAINST" 486 272 758 PROPOSITION NO.11 "FOR" 725 403 1128 "AGAINST" 579 371 950 PROPOSITION NO.12 "FOR" 759 421 1180 "AGAINST" 549 358 907 PROPOSITION NO.13 "FOR" 837 514 1351 "AGAINST" 463 273 736 PROPOSITION NO.14 ' "FOR" 1080 646 1726 "AGAINST" 283 169 452 162 Minutes continued,May 18,2009 PROPOSITION NO.15 "FOR" 1148 672 1820 "AGAINST" 225 157 382 PROPOSITION NO.16 "FOR" 1135 671 1806 "AGAINST" 232 154 386 PROPOSITION NO.17 "FOR" 873 517 1390 "AGAINST" 405 258 663 A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to accept the returns of the Special Election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers, Noes: None. Absent: Mayor Pro Tern Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to authorize payment of election officials in accordance with the Texas Election Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 4. RECOGNITION Mayor Nugent recognized former Councilmembers Sawyer and Griffin for their dedication to the community and its citizens. He presented them with a plaque of appreciation. Mrs. Griffin stated that serving on the council has been a very rewarding experience. Chris Duque, City Manager, recognized Sumner Ogrydziak who recently completed refurbishing 9 picnic tables and repaired the Doornbos Park entrance sign. Sumner completed this work as part of his Eagle Scout project. Daniel Blackman, Austin Ross, Brady Petty, Vaughn Ogrydziak, Noah Ogrydziak, Cole Ogrydziak, Justin Rice, and Jake Shipman assisted Sumner in completing this work. We wish to thank all those who participated for their hard work. 5. RESOLUTIONS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the second and final reading of Resolution No. 2009-04, ratifying the action of the Nederland Economic Development Corporation relating to project costs in the amount of $14,000.00 for Hernandez Office Supply. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Resolution No. 2009-05, participating in the Nederland Community Policing Initiative Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. Minutes continued, May 18, 2009 163 6. TAX COLLECTION REPORT A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to accept the Tax Collector Report for April 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 7. CONTRACTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve an agreement with Schaumburg & Polk, Inc. for construction phase services relating to the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 8. BIDS A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to authorize the advertisement of bids for "2009 Smoke Testing Services". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 9. CITY OF NEDERLAND EMPLOYEE BENEFIT TRUST The regular meeting was recessed at 4:55 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 5:10 p.m. by Mayor Nugent. A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese 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 Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 10. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. L 164 Minutes continued, May 18, 2009 11. COMMUNICATION City Manager Report: a. E-Rate Mr. Duque reported that the E-Rate for the library telecommunication services was approved for funding next year. b. Sales Tax Mr. Duque announced that sales tax are up approximately 11.87% from last year. c. City Offices closed - May 25th Mr. Duque reminded Council that City offices will be closed May 25th in observance of Memorial Day. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 5:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. R. A. Nugent, (ayor City of Neder .nd, Texas ATTEST: c- 1 0-"Lrn c, LaDonna Floyd, City Clerk City of Nederland,Texas 1 165 CITY OF NEDERLAND 1 COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT t R.A.Nugent Mayor 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 If Chris Duque City Manager V LaDonna Floyd City Clerk V Richard Hughes City Attorney _ ✓ Cheryl Dowden Director of Finance ✓1 IDarrell Bush Police Chief Gary Collins Fire Chief ■ Steve Hamilton Director of Public Works Li" Rod Hatch Building Official 17' Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓Z Joni Underwood Executive Secretary ✓/ R.A.Nuge t,M r LaDonna Floyd,City Clerk 5-- / .x- 04 Date 166 RESOLUTION No.2009-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE NEDERLAND POLICE DEPARTMENT TO PARTICIPATE IN THE NEDERLAND COMMUNITY POLICING INITIATIVE; DESIGNATING THE MAYOR AS THE GRANTEE'S AUTHORIZED OFFICIAL;AND APPROVING THE SUBMITTAL OF A GRANT APPLICATION. WHEREAS, the Nederland City Council finds it in the best interest of the citizens of the City of Nederland that the Nederland Community Policing Initiative Program be operated for the period from October 1,2009 through September 30,2010;and WHEREAS, the Nederland City Council agrees to provide applicable matching funds for the said project as required by the Edward Byrne Memorial Justice Assistance Grant Program Stimulus Money application;and WHEREAS,the Nederland City Council agrees that in the event of loss or misuse of the Criminal Justice Division funds,the grant funds will be returned to the Criminal Justice Division in full;and WHEREAS, the Nederland City Council designates Richard Nugent, Mayor, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject,alter or terminate the grant on the behalf of the applicant agency. NOW THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the Nederland City Council authorizes the submittal of the grant application to the Office of the Governor, Criminal Justice Division for the Nederland Community Policing Initiative. PASSED AND APPROVED by the City Council of the City of Nederland, State of Texas,on this the 18th day of May,2009. R.A.Nugent,M or City of Nederlan ,Texas ATTEST: LaDd,City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Att mey City of Nederland,Texas Grant Application Confirmation Number 167 ,g,9 0N COo I MIRIAM K.JOHNSON �a '', SUSIE JAMES TAX 4SSES&SOR-COLLECTOR t CHIEF DEPUTY ` ;, of i PExP-$ STATE OF TEXAS COUNTY OF JEFFERSON 1, 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 $65,392.88. represents all taxes collected for CITY OF NEDERLAND during the month of April 2009. I , ..2;44.607,________y_r_ 44.,,,,, /),.j • Miriam K IJEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE:(409)835-8516•FAX:(409)835-8589 168 REGULAR MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 4:55 p.m. May 18, 2009 1. MEETING The meeting was called to order at 4:55 p.m. by Chairman R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve the minutes of the May 21, 2007, August 27, 2007, and May 19, 2008 minutes of the Employee Benefits Trust as written. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Albanese, and Rogers. Noes: None. Absent: Trustee Neal. 3. 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, Cigna; and, TML Intergovernmental Employee Benefits Pool (TMLIEBP). Dental insurance bids were received from Aetna, Blue Cross/Blue Shield, Cigna, Guardian, Sun Life; and, TML Intergovernmental Employee Benefits Pool. 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. Upon review of all bids City- County Benefits Services recommends that the City of Nederland Employee Benefits Trustees awardthe medical benefits to Blue Cross/Blue Shield effective July 1, 2009. A motion was made by Trustee Rogers and seconded by Trustee Rogers 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 Ortiz, Albanese, and Rogers. Noes: None. Absent: Trustee Neal. 3. DENTAL INSURANCE A motion was made by Trustee Albanese and seconded by Trustee Ortiz to award bids received for employee dental insurance to Aetna as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent,Trustees Ortiz, Albanese, and Rogers. Noes: None. Absent: Trustee Neal. 169 Minutes continued, May 18, 2009 4. ADJOURN There being no further business a motion was made by Chairperson Nugent and seconded by Trustee Rogers to adjourn the meeting at 5:10 p.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Albanese, and Rogers. Noes: None. Absent: Trustee Neal. R. A. ugent, i airperson City of Nederl.nd Employee Benefits Trust ATTEST: Bert Rogers, Secretary City of Nederland Employee Benefits Trust I t 170 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 8, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve the minutes of the May 18, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Department Reports for the month of May 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. PRESENTATION Don Pumphrey, Nederland Chamber of Commerce President, gave a brief report on the Chamber's Hotel/Motel & Tourism Promotion. He stated that a significant decrease in hotel/motel taxes are mainly due to State statutes that exempt long term stay taxes. With the petrochemical expansions in the area most hotels and motels are being occupied with long term stay residents. The majority of the hotel/motel tax is used for salaries of the employees at the two museums and the remainder is used for tourism promotion. After May 2009 the Chamber will no longer utilize $2,500/month for their administrative fees. The Chamber, in conjunction with the Nederland Heritage Festival, has placed an ad in the SE Texas/SW Louisiana magazine in order to promote tourism to our community. Mr. Pumphrey added that they hope to continue their working relationship with the City and are mindful of the way funds are spent in accordance with State statutes. 5. PAYMENTS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve payment of the bills for the month of May 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 171 Minutes continued, June 8, 2009 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payment to Schaumburg & Polk, Inc. in the amount of $3,620.25, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve payment to Schaumburg & Polk, Inc. in the amount of $22,095.00, 2009 Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. CONTRACTS/AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve an agreement with Interface EAP for the employee assistance program benefit afforded to City employees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to approve a contract with Schaumburg & Polk, Inc. for engineering services for the Concrete Pavement Project of the 2009 Street Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve a Subscription Agreement with Premier Election Solutions for election services and lease of equipment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. APPOINTMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to appoint Gene Shaw to fill an unexpired term on the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. BIDS/PURCHASES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to authorize the purchase of notebook computers for the Nederland Fire Department through HGAC, BuyBoard, or State contract in the amount of $23,970.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 172 Minutes continued, June 8, 2009 A motion was made by Councilmember Albanese and seconded by Mayor Nugent to award bids received for Debris Management Services to DRC Emergency Services and Asplundh, contingent upon approval of the contracts by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to award bids received for the Sewer Rehabilitation Project to ALLCO, LLC, Beaumont,TX, in the amount of$3,091,552.47. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. POLICIES/PROCEDURES Chris Duque, City Manager, explained that the Public Works Department has requested an agenda item to discuss the implementation of a pilot program to evaluate a fiberglass sewer holding tank and a future policy regulating installation after the evaluation period. He added that there are a number of locations in the City whose sewer is severely affected by rain; these property owners are unable to flush their toilets during rain events. Staff has examined and attempted a number of remedies, but certain properties still have sewer problems. Currently, the cities of Beaumont and Port Arthur utilize fiberglass sewer holding tanks at properties with this type of problem. Wesley United Methodist Church, which has been plagued with sewer problems, has volunteered to participate in this program; the Church will dedicate a public utility easement to install the tank. If the results are favorable, staff will implement a policy for property owners with similar problems. Staff is confident that the Sewer Rehabilitation Project will remedy much of the City's sewer problems, which will likely reduce the need for the sewer holding tank. The cost of the pilot program is approximately $2,500, which will be paid via the general obligation bonds dedicated for the sanitary sewer rehabilitation project. Council determined that this project serves as a public benefit. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a Fiberglass Sewer Holding Tank policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. REPORTS Steve Hamilton, Director of Public Works, reported on the 2009 Street Program. He stated that the bomag and seal coat on two of the streets will need additional work. A surveyor has been hired to do the field work on the alley between the 1200 blocks of Boston and Chicago. Mr. Hamilton added that the striping of Helena Avenue was completed, however, it looks good during the day but is difficult to see at night. The contractor has agreed to do additional work but feels it will correct itself as it wears down. The joint repair work on that portion of Helena is almost complete as well. The concrete raising and manhole repair projects have been completed. Lastly, he stated that the concrete paving should begin this week. 17;s Minutes continued, June 8, 2009 11. EXECUTIVE SESSION The regular meeting was recessed at 5:22 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 6:00 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 13. COMMUNICATIONS City Manager Report: a. July 4th Event Mr. Duque reported that the Parks Department is planning a 4th of July celebration to be held at Doornbos Park. They are currently contacting local businesses for support. b. Doornbos Park Swimming Pool Mr. Duque reported that the swimming pool motor is inoperable and the pool will be closed for at least one week. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 6:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, or City City of Nederlartd7,Texas ATTEST: 44)cyvvx_:.. LaDonna Floyd, City Clerk City of Nederland, Texas 174 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor ✓ Jeff Ortiz Council Member-Ward I ✓ Billy Neal _Council Member-Ward II / Don Albanese Council Member-Ward III V Bert Rogers Council Member-Ward IV if Chris Duque City Manager LaDonna Floyd City Clerk I/' Richard Hughes City Attorney 1/./ Cheryl Dowden Director of Finance Darrell Bush Police Chief ✓ I Gary Collins Fire Chief L/ Steve Hamilton Director of Public Works tf Rod Hatch Building Official I/ Victoria Klehn Librarian i/ Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary V M iir_____ R.A.Nugent,May c`:.Ocrvki c= oc.rya LaDonna Floyd,City Clerk I Date ■ 175 ADDENDUM TO RENEW CONTRACT This addendum will renew the contract for Employee Assistance Program(EAP)services between Interface EAP and CITY OF NEDERLAND agreed to and executed on April 28,2008 and will be incorporated as part of the entire agreement. Program Cost: The retainer charge for the services of Interface EAP is as follows: $2.07 per employee per month for all employees Or Annual Cost: $2,856.60 for EAP services covering up to 115 employees per month. Should the City of Nederland elect to pre-pay the total annual contract, a 10% discount of $285.66 will be applied for a total amount due of$2,570.94. The discounted rate must be paid in full by July 1, 2009 or the discount will be forfeited. If the employee count exceeds 115 employees in any given month,the amount due for each employee in excess of 115 is$2.07 per month and is payable monthly. The pre-paid annual discounted payment of$2,570.94 is due July 1, 2009. All other payments are to be paid in monthly installments at the beginning of each month. The remittance address is:Interface EAP,P.O.Box 1759,Dept.984,Houston,TX 77251-1759. Renewal Term: The term of this renewal shall be from July 1,2009 through June 30,2010. AGREED TO AND EXECUTED ON THIS 8th DAY OF June ,2009. CITY OF NEDERLAND INTERFACE EAP By: J fk By: Title: May°r Title: Chief Financial Officer Print Name: R. A. "nick" Nugent Print Name: Tina M.Pace,PHR *This agreement is not valid unless signed by both CITY OF NEDERLAND and Interface EAP. 10370 Richmond Avenue,Suite 1100—Houston,Texas 77042—(713)781-3364—1-800-324-4327 176 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date")between City of Nederland,Texas ("Owner") and Schaumburg&Polk,Inc. ("Engineer") Engineer agrees to provide the services described below to Owner for Concrete Pavement Rehabilitation ("Project"). Description of Engineer's Services: The engineer will perform field surveys by which the scope of rehabilitation will be determined and will prepare plans,specifications and contract documents to be used by the City in obtaining bids and by which to administer the rehabilitation work. The budget proposed herein is based on the following scope of services. I. Field Surveys: The engineer responsible for the development of the plans and specifications will perform a field survey with two City personnel. The purpose of the field survey will be to identify the general location of repair by hand-held GPS coordinates,address or intersection;determine the size of the repair and to make a determination as to the type of repair. The budget is based on evaluating no more than 40 sites in a 3 day period. The location and priority of Construction will be determined by the City. City crews will provide during the field survey traffic control and assists in measurements.The budget includes a survey crew to obtain additional details for construction on no more than 6 sites. 2. Based on the information gathered,provide plans that describe the general location of the repair and the approximate size and extent of the repair. Plans will also provide general details of repair. Specifications will be provided as needed to describe materials and methods for repair. Contract documents for bidding and administration of the construction,to be performed by the City,will be provided. 3. Provide for review of the plans and specifications by the City prior to finalizing the documents. 4. Consult with the City,during the bid process,on questions and issue such addenda as may be necessary. 5. The Owner will provide administration and oversight during the construction.,unless additional authorization is provided. Owner and Engineer further agree as follows: 1.01 Basic Agreement 2.01 Payment Procedures A. Engineer shall provide,or cause to be provided, A. Preparation of Invoices. Engineer will prepare the services set forth in this Agreement,and Owner shall a monthly invoice in accordance with Engineer's standard pay Engineer for such Services as set forth in invoicing practices and submit the invoice to Owner. Paragraph 9.01. 1 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 177 B. Payment of Invoices. Invoices are due and c. Notwithstanding the foregoing, this payable within 30 days of receipt. If Owner fails to make Agreement will not terminate as a result of a any payment due Engineer for services and expenses substantial failure under paragraph 4.01.A.l.a within 30 days after receipt of Engineer=s invoice, the if the party receiving such notice begins,within amounts due Engineer will be increased at the rate of seven days of receipt of such notice,to correct 1.0% per month (or the maximum rate of interest its failure and proceeds diligently to cure such permitted by law, if less) from said thirtieth day. In failure within no more than 30 days of receipt addition, Engineer may, without liability, after giving of notice;provided,however,that if and to the seven days written notice to Owner, suspend services extent such substantial failure cannot be under this Agreement until Engineer has been paid in full reasonably cured within such 30 day period, all amounts due for services,expenses,and other related and if such party has diligently attempted to charges. Payments will be credited first to interest and cure the same and thereafter continues then to principal. diligently to cure the same,then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of 3.01 Additional Services receipt of the notice. A. If authorized by Owner,or if required because 2. For convenience,by Owner effective upon the of changes in the Project,Engineer shall furnish services receipt of notice by Engineer. in addition to those set forth above. B. The terminating party under paragraphs B. Owner shall pay Engineer for such additional 4.01.A.1 or 4.01.A.2 may set the effective date of services as follows:For additional services of Engineer's termination at a time up to 30 days later than otherwise employees engaged directly on the Project an amount provided to allow Engineer to demobilize personnel and equal to the cumulative hours charged to the Project by equipment from the Project site,to complete tasks whose each class of Engineer's employees times standard hourly value would otherwise be lost,to prepare notes as to the rates for each applicable billing class; plus reimbursable status of completed and uncompleted tasks, and to expenses and Engineer's consultants'charges,if any. assemble Project materials in orderly files. 111 4.01 Termination 5.01 Controlling Law A. The obligation to provide further services under A. This Agreement is to be governed by the law of this Agreement may be terminated: the state in which the Project is located. 1. For cause, 6.01 Successors,Assigns,and Beneficiaries a. By either party upon 30 days written A. Owner and Engineer each is hereby bound and notice in the event of substantial failure by the the partners, successors, executors, administrators, and other party to perform in accordance with the legal representatives of Owner and Engineer(and to the Agreement's terms through no fault of the extent permitted by paragraph 6.O1.B the assigns of terminating party. Owner and Engineer)are hereby bound to the other party to this Agreement and to the partners, successors, b. By Engineer: executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all 1) upon seven days written notice covenants, agreements, and obligations of this if Engineer believes that Engineer is Agreement. being requested by Owner to furnish or perform services contrary to Engineer=s B. Neither Owner nor Engineer may assign,sublet, responsibilities as a licensed professional; or transfer any rights under or interest (including, but or without limitation, moneys that are due or may become due)in this Agreement without the written consent of the 2) upon seven days written notice other,except to the extent that any assignment,subletting, if the Engineer=s services for the Project or transfer is mandated or restricted by law. Unless are delayed or suspended for more than specifically stated to the contrary in any written consent I 90 days for reasons beyond Engineers control. to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 3) Engineer shall have no liability to Owner on account of such termination. 2 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 178 7.01 General Considerations H. The parties acknowledge that Enginee's scope of services does not include any services related to a A. The standard of care for all professional Hazardous Environmental Condition (the presence of engineering and related services performed or furnished asbestos, PCBs, petroleum, hazardous substances or by Engineer under this Agreement will be the care and waste,and radioactive materials).If Engineer or any other skill ordinarily used by members of the subject profession party encounters a Hazardous Environmental Condition, practicing under similar circumstances at the same time Engineer may, at its option and without liability for and in the same locality. Engineer and its consultants consequential or any other damages,suspend performance may use or rely upon the design services of others, of services on the portion of the Project affected thereby including,but not limited to,contractors,manufacturers, until Owner. (i)retains appropriate specialist consultants and suppliers. or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental B. Engineer shall not at any time supervise,direct, Condition; and (ii) warrants that the Site is in full or have control over any contractor's work, nor shall compliance with applicable Laws and Regulations. Engineer have authority over or responsibility for the means, methods,techniques,sequences,or procedures of 8.01 Total Agreement construction selected or used by any contractor,for safety precautions and programs incident to a contractor=s work A. This Agreement (consisting of pages 1 to 4 progress,nor for any failure of any contractor to comply inclusive together with any expressly incorporated with laws and regulations applicable to contractor=s appendix), constitutes the entire agreement between work. Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be C. Engineer neither guarantees the performance of amended,supplemented,modified,or canceled by a duly any contractor nor assumes responsibility for any executed written instrument. contractor=s failure to furnish and perform its work in accordance with the contract between Owner and such contractor. D. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any contractor=s agents or employees or any other persons(except 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 contract given by Owner without consultation and advice of Engineer. E. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee(No.C-700,2002 Edition). F. All design documents prepared or furnished by Engineer 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. G. To the fullest extent permitted by law, Owner and Engineer(1)waive against each other,and the other's employees, officers, directors, agents, insurers, partners, and consultants, 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 (2)the Engineer will provide professional liability insurance of $1,000,000 per occurrence/aggregate. 3 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 179 9.01 Payment(Hourly Rates Plus Reimbursable Expenses) A. Using the procedures set forth in paragraph 2.01,Owner shall pay Engineer as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class for all services performed on the Project,plus reimbursable expenses and Engineer's consultants'charges,if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is estimated to be$ 30,800 B. Field work will be scheduled within two weeks of authorization with completion of plans expected within three weeks thereafter. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. OWNER: City of Nederland ENGINEER: Schaumburg&Polk,Inc. By: 541k ..... By: Title: Title: Date Signed: Date Signed: 5 - t Z -w 9 Address for giving notices: Address for giving notices: Mr.Steve Hamilton,P.E. Attn: Mr.Ricky J.Bourque,P.E. PO Box 967 8865 College Nederland,Texas 77627 Beaumont,Texas 77707 1 4 of 4 (Hourly Rates Plus Reimbursable Expenses) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 180 SRI_. . SCHAUMBURG rt POLK,1N, 2009 SCHEDULE OF HOURLY RATES and EXPENSES PRINCIPAL $180.00/HOUR SENIOR PROJECT MANAGER $180.00/HOUR PROJECT MANAGER IV $160.00/HOUR PROJECT MANAGER Ill $145.00/HOUR PROJECT MANAGER II $125.00/HOUR PROJECT MANAGER 1 $1 15.00/HOUR ASSOCIATE PROJECT MANAGER $115.00/HOUR SENIOR PROFESSIONAL ENGINEER $130.00/HOUR ENGINEER IV $105.00/HOUR ENGINEER Ill $90.00/HOUR ENGINEER II $80.00/HOUR ENGINEER I $70.00/HOUR DESIGN TECHNICIAN IV $90.00/HOUR DESIGN TECHNICIAN Ill $75.00/HOUR DESIGN TECHNICIAN II $60.00/HOUR DESIGN TECHNICIAN I $40.00/HOUR REGISTERED SURVEYOR $105.00/HOUR SURVEYOR(Class 111) $75.00/HOUR SURVEYOR(Class II) $60.00/HOUR SURVEYOR(Class I) $45.00/HOUR CLERICAL $47.00/HOUR CONSTRUCTION REPRESENTATIVE $57.00/HOUR REIMBURSABLE EXPENSES Mileage I $0.550/MILE Travel and Meals Actual Cost x 1.10 Misc. Reimbursable Expenses Actual Cost x 1.10 Color Plots I $3.00 per Square Foot OUTSIDE CONSULTANT RATES Associate Engineer Civil,Electrical,Environmental,Mechanical,etc. up to$150.00/HOUR Subconsultants Actual Cost x 1.10 Schaumburg&Polk,Inc.furnishes General Public Liability,Professional Liability and State of Texas mandatory limits of Worker's Compensation insurance. Preparation for and furnishing expert witness testimony will be billed at three times the hourly rates shown ' above for the various classifications. Rates Effective: January 1,2009 181 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 22, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve the minutes of the June 8, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. PRESENTATION Carolyn Motl, Team City Manager, stated that with the creation of the Nederland Economic Development Corporation ten years ago Team City was formed to find ways to best utilize the additional sales tax. She introduced Roland Ramirez of Ramirez Development Strategies, who was ask by the Nederland EDC and Entergy Texas to review the SWOT (Strengths, Weaknesses, Opportunities, and Threats) and the Nederland Strategic Planning Citizen Survey for the purposes of validating both instruments and rendering observations and analysis of the documents. Mr. Ramirez looked at sample participants, percent by participants, and the resultant priorities. Furthermore, he analyzed the data sets in the context of groups of issues (Physical City/Facilities, Citizen Issues, Business Issues, Governance, and Level of Services/Services) and in the context of growth, stability, decline and re- development. Mr. Ramirez concluded by saying Nederland is the area's premier "lifestyle" community offering the best schools, the safest neighborhoods, good housing, ample retail, and a good sense of community. Given the results of the survey it is his opinion that the greatest concerns of those surveyed overall are that of minimizing Decline and doing all that is possible to encourage Growth. Consequently, strong pro-active leadership and a strong pro-growth program is absolutely necessary in order for the city to maintain its position. This will take progressive city leadership and aggressive economic development program working together to avoid decline and encourage growth. Ms. Motl thanked the City for their continued support and for allowing them to present the report. Philip Klein, Nederland Volunteer Fire Department, Inc., stated that they are honored to once again be able to make a substantial donation to the City. This year they would like to donate $5,800 cash for 2009 radio upgrade, six (6) sets of bunker gear valued at $8,210, miscellaneous equipment valued at $1,804, and Operational Training School fees for two years valued at $1,921. Mr. Klein thanked Fire Chief Collins for his leadership and thanked the Council for allowing them to serve the citizens of Nederland. 1 Minutes continued, June 22, 2009 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the donation from the Nederland Volunteer Fire Department, Inc. as follows: $5,800 cash for 2009 radio upgrade, six (6) sets of bunker gear valued at $8,210, miscellaneous equipment valued at $1,804, and Operational Training School fees for two years valued at$1,921. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. PARKS AND RECREATION A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to postpone action regarding necessary repairs/improvements at Doornbos Park swimming pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. ORDINANCE A motion was made by Mayor Pro Tem Neal and seconded by Mayor Nugent to approve Ordinance No. 2009-10, authorizing Entergy Texas, Inc.'s application to implement a New Rough Cost Equalization Rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. TAXES A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to accept the Tax Collector Report for May 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. BOARDS AND COMMISSIONS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve the appointment of Jerry McNeill to the Firefighters' Civil Service Commission for a three year term beginning July 1, 2009 and ending June 30, 2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve the appointment of Guy Barlow to the Zoning Board of Appeals/Trailer Park Board of Appeals for a four year term beginning July 1, 2009 and ending June 20, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I8) Minutes continued, June 22, 2009 A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve the following appointments to the Construction Board of Appeals: Boy Meir, Steve Gentile, and Ron Minaldi to a two year term beginning July 1, 2009 and ending June 30, 2011; and, Danny Delahoussaye to a one year term beginning July 1, 2009 and ending June 30, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. PROPERTY A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve an Easement Agreement between the City of Nederland and Joyce Harmes, 615 South 12th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to postpone approval of an Easement Agreement between the City of Nederland and Wesley United Methodist Church. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. REQUESTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a request from the Parks and Recreation Department to waive fees for the swimming pool on July 4, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a request from the Jefferson County Juniors Volleyball club to utilize the Nederland Recreation Center gym and to waive one-half ($200.00) of the rental fees. MOTION CARRIED. Ayes; Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. CONTRACTS/AGREEMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a Cooperative Purchasing Interlocal Agreement between the Cities of Nederland, Port Neches, Groves, and Jefferson County for the purchase of road building materials. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 18 4. Minutes continued, June 22, 2009 11. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve payment to Schaumburg & Polk, Inc. in the amount of$8,292.34, 2009 Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Rogers to approve payment to Carroll and Blackman in the amount of$422.00, Storm Water Management Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 12. COMMENTS Wilbert Dutchmann, 3003 Memphis Drive, addressed the Council relative to drainage issues in his neighborhood. He stated that during the recent heavy rains his street was flooded with two feet of water and that this has never happened in the 40 years he has lived there. He has not had his home flooded but is afraid if the drainage issues are not addressed he may flood in the future. Chris Duque, City Manager, explained that after the heavy rains City staff surveyed the entire City to determine which homes were flooded. On completion of the survey the City began concentrating on drainage issues in those areas to prevent further flooding. He added that the City is aware of poor drainage issues but feels the need to address the houses that have flooded first. Mr. Duque stated that he would have a drainage report on the next agenda. 13. EXECUTIVE SESSION The regular meeting was recessed at 5:45 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, personnel - appointment of City Clerk, Director of Finance, Police Chief, City Judge, and City Attorney. 14. RECONVENE The regular meeting was reconvened at 6:14 p.m. by Mayor Nugent. 15. PUBLIC OFFICIALS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to authorize the appointment of LaDonna Floyd, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; and, Richard Hughes, City Attorney, for a one year term; and, John Borne, City Judge, for a two year term as required by State statutes and the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 185 Minutes continued, June 22, 2009 16. COMMUNICATION City Manager Report: a. July 4th Event Mr. Duque reported that the Parks Department is finalizing the plans for the 4th of July celebration to be held at Doornbos Park. He reminded the Council that City offices will be closed Friday, July 3rd, in observance of Independence Day. 17. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 6:18 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nu•e t, ayor City of Nederl nd,Texas ATTEST: IT")S 0-yvNa ' LaDonna Floyd, City Clerk City of Nederland, Texas 1 165 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 NAME TITLE PRESENT ABSENT R.A.Nugent Mayor V Jeff Ortiz Council Member—Ward I / Billy Neal Council Member—Ward II if Don Albanese Council Member—Ward III it Bert Rogers Council Member—Ward IV V. Chris Duque City Manager V LaDonna Floyd City Clerk V Richard Hughes City Attorney ✓/ Cheryl Dowden Director of Finance L'F Darrell Bush Police Chief ✓, I Gary Collins Fire Chief V Steve Hamilton Director of Public Works Rod Hatch Building Official V Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary ✓ R.A.Nu ntl rr 9 � �YP LaDonna Floyd,City Clerk I (o --7�-cat Date 187 State of Texas § § To All Men Known County of Jefferson § NVFD,Inc. 2008-2009 FY Donation The City of Nederland,Texas To : The City Council of Nederland,Texas,1500 Boston,Nederland,Texas 77627 COMES NOW,the Board of Directors of the Nederland Volunteer Fire Department,Inc.,in gifting to the city of Nederland the following items as prescribed by the by-laws of the corporation.The board of directors authorizes the City of Nederland to have and hold these items with no liens whatsoever and hereby releases any ownership to the city of Nederland Texas. Gifted Items 1) $5,800 Cash for 2009 Radio Upgrade—Tri Counties 2) Six Sets Bunker Gear—City of Nederland Operations Fire Value$8,210 3) Misc.Equipment—City of Nederland Operations Fire Value$1,804 4) Operational Training School Fee's—Two Years$1,921 Signed this day 1\ day of ,2009,by the board re.resentatives as elected. or, • (� t-•hen Hartman,President Philip R.Klein,Secretary Accepted by the City of Nederland: /,..r/. - 209. 09 Mayor,City o" i ederland Date Donation To The City FY 2008-2009 Page 1 of 1 188 t,SON Cp ‹c; MIRIAM K.JOHNSON p d SUSIE JAMES P TAX ASSESSOR-COLLECTOR g. ! C.'HIEF DEPUTY TEXAS* STATE OF TEXAS COUNTY OF JEFFERSON 1, 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 $85,131.51, represents all taxes collected for CITY OF NEDERLAND during the month of May 2009. Xlej 1 Miriam K. J son JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE:(409)835-8516•FAX:(409)835-8589 183 COOPERATIVE PURCHASING INTERLOCAL AGREEMENT ROAD BUILDING MATERIALS 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 Road Building Material 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 Road Building Material 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. 111 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"Road Bui;ding Materials"(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 5.This Agreement will be subject to all applicable federal,state and local laws,ordinances, rules and regulations. 1 190I 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. 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. 2 191 COOPERATIVE PURCHASING INTERLOCAL AGREEMENT ROAD BUILDING MATERIALS The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this they day of�.� i� ( ,2009. CITY OF NEDERLAND,TEXAS By: %/uAl,, .:/4 Title: //j ' 1 5 192 ORDINANCE NO.2009-10 AN ORDINANCE BY THE CITY OF NEDERLAND, TEXAS("CITY")APPROVING THE RATE REFUND OF ENTERGY TEXAS INC. CONTAINED IN THE APPLICATION OF ENTERGY FOR AUTHORITY TO IMPLEMENT NEW RPCEA RATE FILED BY ENTERGY TEXAS, INC. ON MAY 26, 2009; 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 May 26, 2009, Entergy Texas, Inc. ("ETI") filed a Application for Authority to Implement New Rough Production Cost Equalization ("RPCEA")Rider("Application")with the City to refund to customers rough production equalization receipts for ETI's Texas service territory; WHEREAS,the RPCEA rates are anticipated to refund$13.24 in July,$12.71 in August,and$14.79 in September for average residential customers using 1000 kWh per month of electricity; WHEREAS, the rough production cost equalization receipts were received by ETI in 2008 pursuant to an order of the Federal Energy Regulatory Commission ("FERC"). The FERC determined that the Entergy System Agreement no longer operated to maintain the production costs of the various Entergy operating companies within a reasonable level of parity. As a remedy, FERC implemented a Rough Production Cost Equalization system as part of the Entergy System Agreement. The remedy requires payments among the Entergy Operating Companies whenever an operating company's production costs are greater or less than a percentage of the system average production costs. For 2007,Entergy Arkansas,Inc.'s("EAI")production costs were substantially below system average production costs. FERC ordered EAI to make payments to the other operating companies in order to roughly equalize the production cost disparity; WHEREAS,ETI calculates the total rough production cost equalization receipts from EAI due to Texas retail customers to be$67.4 million and such amount is subject to future adjustment; WHEREAS,the RPCEA is designed to refund the amounts calculated by ETI to be currently due in a timely manner over the summer of 2009; WHEREAS, the law firm and consultant hired by City have reviewed the Application,find it to be sufficient,and recommend the Application's approval;and NOW, THEREFORE,BE IT ORDAINED 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 are hereby in all things approved and adopted. Section 2. The City of Nederland hereby approves the refund rates established in ETI's Application. Section 3. 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. 1 193 Section 4. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 624 day of Q., c ,2009. OA. _ R.A.Nugent, ayor City of Neder d,Texas ATTEST: ci LaDonna Floyd,d,City Cler City of Nederland,Texas I 1 2 194 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 10:30 a.m. June 26, 2009 1. MEETING The special meeting was called to order at 10:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. PROPERTY A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve an Easement Agreement between the City of Nederland and Wesley Methodist Church, 3515 Helena Avenue, to be used for a Fiberglass Holding Sewer Tank as authorized by the policy adopted at the June 8, 2009 meeting; and, to review the policy after six months. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. PARKS AND RECREATION Chris Duque, City Manager, reminded Council that the swimming pool at Doornbos Park has been closed since June 7, 2009, due to an inoperable motor. The City contracted with Waterscape Consultants, Inc. to perform a site investigation. Harry Beckwith, Waterscape Consultants, Inc., gave a lengthy report on the condition of the pool. He stated the pool was examined for code compliance with State and Federal regulations. During their site investigation there were many areas of the pool that were not compliant with either State and/or Federal regulations, as well as several issues that need to be addressed when any maintenance is done. The cost for a new pool would be approximately $500,000 to $600,000. The approximate cost to address all issues in their report would be $200,000. The time frame to make all necessary repairs would probably be 3-4 months. See attached Waterscape Consultants, Inc. final report. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the closure of the Doornbos Park swimming pool for the remainder of the season or until such repairs are made; approve a contract with Waterscape Consultants, Inc. to provide plans and specifications; charge the Parks and Recreation Advisory Board with the responsibility of working with staff and Waterscape to design and repair the pool; and to appoint Trace Killian to the Parks and Recreation Advisory Board as an ex-officio Board Member. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. II 19 Minutes continued, June 26, 2009 Mr. Duque announced that the Nederland Economic Development Corporation has agreed to assist with the cost of repairs to the swimming pool. The City appreciates their offer for assistance in this matter. He added that City staff has begun talks with NISD to utilize their swimming pool at Central Middle School for the remainder of the season for swimming lessons and open swim. If they agree an interlocal agreement will need to be approved for the use. 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 11:36 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, yo City of Nederland, Texas ATTEST: i�CN'V'\G ��;JYt�iy,t i CJ LaDonna Floyd, City Clerk City of Nederland,Texas 19'13 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor ✓ Jeff Ortiz Council Member—Ward I ✓ Billy Neal Council Member—Ward II Don Albanese Council Member—Ward III Bert Rogers Council Member—Ward IV v' Chris Duque City Manager ✓ LaDonna Floyd City Clerk ►f Richard Hughes City Attorney ✓ Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief (,✓ 1 Gary Collins Fire Chief (/ Steve Hamilton Director of Public Works c,7 Rod Hatch Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary Z- t1 �yor R.A.Nugent,LM yor LaDonna Floyd,City Clerk ce c:-?lo O cl r 11 i,3 Date 06/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 02 W terscape 197 I,\, f I'vt_ Visual and Recreational Water Amenities June 24,2009 Angela Fanette City of Nederland Parks and Recreation PO Box 967 Nederland, Texas 77627 Re: City Pool-Nederland,Texas Site Investigation Report and Recommendations Dear Ms. Fanette; This Report is submitted in accordance with the Scope of Work and Services presented in our Proposal dated June 11,2009 and will discuss the research,analysis, calculations, opinions, and conclusions of Waterscape Consultants, Inc. concerning the existing Swimming Pool Facility located in Nederland,Texas. The information presented in this Report and the opinions and conclusions derived there from are based on information available and in our possession at the time this Report was written, our observations of the site and discussions with concerned parties, my professional education and experiences, and currently accepted industry standards for engineering and construction. If additional information becomes available in the future which materially impacts our opinions and conclusions, I reserve the right to amend and modify this Report to reflect the new information. If, in my opinion, any new information requires additional site visits,surveys,sample acquisition and testing,research, or other activities requiring access to the site, I reserve the right to conduct such additional work as may be required to ensure this Report and any amendments reflect information available at that time. We conducted a site visit on June 16, 2009 to observe the existing public swimming facility. This report will primarily rely on the information collected during this visit to the site,since no as built documents or historical records are available. The pool dimensions were determined by field measurements and verified with Google Earth. Public swimming facilities are regulated by a number of standards and codes including Title XIV of the Federal Statutes(the Virginia Graeme Baker Pool and Spa Safety Act, 15 USC 8001, hereafter referred to as VGBA),Title 25 of the Texas Administrative Code(Chapter 265, Standards for Public Pools, hereafter referred to as TAC 265), and Title II of the Federal Statutes(the Americans with Disabilities Act, Title 42,Chapter 146, hereafter referred to as ADA). Other standards may include local regulations such as city or county health codes and building codes which often reference the Uniform Building Code, Uniform Plumbing Code, National Electric Code, and other standard publications. Since it is assumed that any local standards have already been addressed in order to receive a Certificate of Occupancy and Use from local authorities, this report will focus solely on State and Federal requirements. PROJECT DESCRIPTION The existing swimming facility consists of two(2)separate pools—a large swimming/leisure pool with a diving well and single Iube slide amenity and a shallow rectangular wading pool. The main pool is completely exposed to the elements,while the wading pool is covered by an Ph.' 713-935-0954 Fr 713.935-0924 10,501 Homrneriy Blvd.,Suite 132 www wuterscopaconsultants.com Housian,TX 77043 06'/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 03 11 yNeederland City Pool 6/24/09 Page 2 ' open sided shade structure. The main pool is L-shaped with three(3)swim out areas and a handicapped access ramp extending into the pool on the north side. This pool measures approximately 105-feet on its long axis by 80-feet on its short axis. The wading pool measures approximately 30-feet long and 15-feet wide. The main pool varies in depth from 3-feet to 12- feet. The wading pool varies in depth from 1-foot to 2-feet. The main pool is currently used for recreational swimming and is not suitable for competition swim events. The mechanical equipment including pumps,filters, sterilization systems, and electrical controls for the pools are located in a dedicated equipment yard adjacent to the pool service building located north of the main pool. OBSERVATIONS No obvious recent renovation work has been done to either pool. The existing coping and tile on both pools are in good condition. The existing plaster is in fair to poor condition with significant algae presence and staining. The existing perimeter deck is in fair condition,though most of the joints are open due to degradation of the wood and caulk. The existing main pool pump was not operable and being replaced during the site visit; however,the filters are relatively new and overall the filtration and sterilization systems appear to be in good condition. According to the Owner,the existing main pool pump has repeatedly failed (motor failure)and was in the process of being replaced_ The Owner also noted significant air presence in the main pool pump system during operation which probably indicates a leak in the suction piping. Verification of this issue is outside the scope of this report. The existing wading pool pump and filter were not operating during the site visit; however,they appear to be in good condition and serviceable. The main pool is approximately 6,400 square feet in surface area with depths ranging from 3- feet to 12-feet. At its normal operating water level the pool would hold approximately 275,000 gallons of water(average depth is thus approximately 5.73-feet). The pool wall and floor finish is white plaster. The pool appurtenances include a handicapped access ramp,three(3)swim outs with structural steps,two(2)roll out ladders, a one(1)meter dive tower with springboard, and a single tube slide. There are 12 wall mounted niched underwater light fixtures,though it is not apparent if any or all of these are operable. The wading pool is approximately 450 square feet in surface area with depths ranging from 1-foot to 2-feet. At its normal operating water level the pool would hold approximately 5,000 gallons of water. The pool wall and floor finish is white plaster. The pool appurtenances include two(2)sets of structural steps. Due to the lack of water clarity during the site visit, it was not apparent if there are any underwater light fixtures present,though due to the shallow depth of the water it is not likely. There were no apparent structural failures in the pool shell, pool beam,or adjacent deck. There was also no apparent evidence of significant heaving of the pool shell due to groundwater displacement. The adjacent equipment yard is directly accessible from the pool area. The electrical equipment in the equipment yard was in poor condition, had limited access,and did not appear to comply with the current National Electric Code. The main pool circulation system is based on two(2)18-inch square main drains in the deep end of the pool, 14 wall skimmers,and wall mounted eyeball returns spaced around the perimeter of the pool. The main drain and skimmers appear to be tied into the existing pump system located in the equipment yard Although all of the piping is buried and no existing plans for the pool facility were provided, an estimate of the pipe routing and sizing can be made from site observations of the pool and equipment area. The main pump suction manifold includes three(3)3-inch PVC pipe connections to the pool and one(1)4-inch PVC pipe connection to @6/24/2 @ @9 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 04 199 Nederland City Pool Page 3 3 the pool. The pool's filtration system includes a single 15 horsepower pump and two(2) horizontal high rate sand filters in a stacked configuration. There is a single 6-inch Schedule 40 PVC discharge pipe from the filter manifold to the pool inlets. The wading pool circulation system is based on one(1)8-inch round main drain in the deep end of the pool, one(1)wall skimmer, and wall mounted eyeball returns spaced around the perimeter of the pool. The main drain and skimmers appear to be tied into the existing pump system located in the equipment yard. Although all of the piping is buried and no existing plans for the pool facility were provided, an estimate of the pipe routing and sizing can be made from site observations of the pool and equipment area. The wading pump suction includes one(1) 2.5-inch PVC pipe connection from the pool main drain and skimmer. The wading pool filter has one(1)2-inch PVC pipe connection to the pool inlets. The wading pool's filtration system includes a single 2 horsepower pump and one(1)vertical high rate sand filter. Although the main pool's dimensions are adequate for competition swimming which requires 25- meter event lengths, it is not currently marked for competitive swimming (contrasting tiled lanes). Generally,six(6)or more lines are desirable to ensure sufficient capacity for swimming events;however,this is not a specific requirement except for certain athletic regulatory bodies. Based on the existing main pool dimensions,the current maximum recreational bather load for the main pool is 381 swimmers. For instructional purposes(open lane swim instruction,scuba diving instruction,water aerobics, etc)the recommended maximum bather load for the main pool is 214 swimmers. Obviously, competition swimming will severely restrict the bather load based on the number of lanes in use. The wading pool is too shallow for any purpose except leisure activities. Based on the existing main pool dimensions,the current maximum recreational bather load for the main pool is 30 swimmers. Without any direction as to the desired bather load or competitive requirements for the facility, we have no recommendations for altering the dimensions of either pool. According to the TAC 265(Rule 265.182(99)(B)),this swimming facility is currently defined as a Class B Pool—"Any pool used for public recreation and open to the general public with or without a fee". Although this classification provides significant guidance for new facilities, its current definition has many areas which are subject to broad interpretation for existing facilities. This pool appears to have been constructed prior to October 1, 1999 and can be defined as a "pre 10/01/99"pool per TAC 265(Rule 265.182(105)). ANALYSIS The swimming pool systems are easily separated into specific categories which can be individually addressed. Obviously, there is some interdependence between some of the systems;however,these issues can usually be resolved by prioritizing certain systems and adjusting the characteristics of others as needed. The pool systems which will be addressed in this Report include. o Circulation System including Filters, Pumps, and Piping o Suction Outlets and Return Inlets o Pool Drainage and Overflow System o Disinfectant Equipment and Chemical Feeders o Water Level Controls and Water Supply Connections o Underwater Lighting Systems o Life Safety, Health,and Recreation Considerations 2602O/ 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 05 Nederland City Pool 6/24/09 Page 4 Circulation System-Main Pool The volume of the main pool is approximately 275,000 gallons. According to TAC 265(Rule 265.187(b)(1)(A)),for a pre 10/01/99 pool with average depths of 4-feet or greater the minimum turnover rate must be 8 hours(573 GPM for this pool). According to TAC 265(Rule 265.167(c)(1)),for a post 10/01/99 pool the minimum turnover rate must be 6 hours(764 GPM for this pool). As noted above,we recommend using the current standard(6 hour turnover rate) to ensure better water quality and public safety. The existing filters are capable of a maximum flow rate of 954 GPM(at 20 GPM per square foot of filter bed area)with a maximum recommended flow rate 716 GPM (at 15 GPM per square foot of filter bed area). Hence,the existing filters are compliant with the TAC 265 requirements for either a pre or post 10/01/99 pool;though the flow rate through the filters to comply with post 10/01/99 standards exceeds the Manufacturer's recommended flow rate by approximately 7%. The existing main pool pump does not have a name plate detailing the operating conditions from the Manufacturer(flow, head pressure,impeller diameter, model number,etc.). It appears to be a Pentair C-Series bronze body pump which is nominally self priming though not so listed by the National Sanitation Foundation(NSF)or the manufacturer's literature. TAC 265(Rule 265.187(C)(6))requires all pumps on pre 10/01/99 pools be either located to eliminate the need for priming or to be specifically self priming. The existing pump is not compliant with either of these requirements. According to the name plate supplied with the existing main pool filters,the design flow rate for the circulation system is 625 GPM. Assuming the pump was manufactured to meet that flow condition with an appropriate pressure capability(between 40 and 60 feet of water head is normal for public pool systems),the existing pump would need to be either a Pentair Model CMK-150 or CHK-150 with a 15 horsepower motor to meet the stated flow conditions. If this is the case,this pump and motor configuration is operating at the extreme edge of its design envelope and any significant changes in the flow conditions would cause the motor to become overloaded and fail. These flow condition changes could include lower than anticipated head pressure, one or more air leaks in the suction side of the system,excessive suction head required to maintain prime, and electrical power fluctuations(over or under amperage,phase reversal, voltage variations. etc.). TAC 265(Rule 265.187(C)(6))requires the filter pump to provide at minimum dynamic head of 40-feet under normal operating conditions. At this head pressure, a Pentair CHK-150 or CMK-150 pump would be well outside of its design envelope. This is probably the cause of the repeated failures in this motor noted by the Owner. The existing piping for the main pool circulation system appears to consist primarily of Schedule 40 PVC. This is acceptable and meets existing requirements for pipe material (TAC Rule 265.187(c)(4)). The requirements in TAC 265 for the circulation piping system in pre 10/01/99 pools are fairly minimal and except for the requirement to withstand operating pressures do not provide any significant restrictions or guidelines for the Designer and Owner. Based on this,the existing piping in the main pool is compliant with state regulations. For post 10/01/99 pools,the TAC 265 requirements are much more detailed. These new requirements are based on recommendations from the Texas Public Pool Council, other state health department standards, and the National Spa and Pool Institute and can thus be counted on to provide a better overall system than the previous requirements. Hence, it is our recommendation (whenever possible)to comply with the most recent standard. 06/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 06 Nederland City Pool 201 Page 5 P Page 5 According to TAC 265(Rule 265.187(b)(4)),the maximum water velocity in PVC piping is 10 feet per second for discharge and 6 feet per second for suction. Based on the recommended flow rate of 764 GPM(6 hour turnover),the existing 6-inch discharge pipe from the filters would have a velocity of approximately 8_5 feet per second. This is comjliant with the TAC 265 requirements for a post 10/01/99 pool. Although the main pump suction piping is not marked, it is probable that the single 4-inch fine connects to the two(2)main drains and the three(3)3- inch lines connect to the skimmers. Based on that assumption and according to TAC 265(Rule 265.790(d)(2))which states that the main drain piping must be capable of handling the full system flow,the main drain piping is not compliant. This is due to the excessive water velocity in the 4-inch pipe based on a flow of 764 GPM(approximately 19.3 feet per second), This excessive water velocity will create a significant vacuum on the pipe and fittings eventually leading to either stress fractures in the pipe or joint separation in the fittings_ This is probably the source of the air leak noted by the Owner. In addition to the main drain piping,the skimmer piping is not compliant with current TAC 265 requirements. According to TAC 265(Rule 265.191(c)(5)),the skimmer System must be capable of handling 100%of the system flow. Based on the assumption that the three(3)3-inch pipes are supplied by the skimmers and these pipes are reasonably hydraulically balanced,the prorated design flow through each of these pipes is approximately 255 GPM(1/3 of 764 GPM). Using this 255 GPM gives an approximate water velocity through a 3-inch pipe of 11.1 feet per second. This is not compliant with the TAC 265 requirement of 6 feet per second or less. The maximum flow through a 4-inch pipe at 6 feet per second is approximately 230 gallons per minute. The maximum flow through a 3-inch pipe at 6 feet per second is approximately 140 gallons per minute. Assuming there are no restrictions in any of the suction lines and they are capable of full flow,the maximum flow rate is only 650 GPM. Although this is slightly more than the rated flow of the filters(but significantly less than the maximum or manufacturer's recommended flow),this flow rate is well below the pump capabilities and as previously noted does not provide a system which complies with the current TAC 265 requirements. Based on our analysis,the existing main pool piping and filtration system is compliant with TAC 265 requirements for pre 10/01/99 pools. However,the existing main pool pump is not compliant with these same State standards. The existing main pool piping system is not compliant with TAC 265 requirements for post 10/01/99 pools,though the fitter system is still compliant(though slightly exceeding the Manufacturer's recommendations) Circulation System-Wading Pool The volume of the wading pool is approximately 5,000 gallons. According to TAC 265(Rule 265.187(c)(3)),for a pre 10/01/99 wading pool the minimum turnover rate must be 1 hour(84 GPM for this pool). This requirement remains the same for a post 10/01/99 wading pool. The existing filter is a Pentair TR-60 high rate sand unit with a Manufacturer's recommended maximum flow rate of 63 GPM. Hence,the existing filter is not compliant with the TAC 265 requirements for either a pre or post 10/01/99 wading pool. The existing wading pool pump appears to be a Pentair Challenger 2 horsepower unit. This pump is listed by the National Sanitation Foundation(NSF)and the manufacturer's literature as self priming. TAC 265(Rule 265.187(C)(6))requires all pumps on pre 10/01/99 pools be either located to eliminate the need for priming or to be specifically self priming. The existing pump is compliant with these requirements. Based on the Manufacturer's literature this pump is capable of producing up to 90 GPM at approximately 60 feet of water head. This is sufficient to meet the requirements of TAC 265 for wading pools. 06/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 07 202 Nederland City Pool 6/24/09 Page 6 The existing piping for the wading pool circulation system appears to consist primarily of Schedule 40 PVC. This is acceptable and meets existing requirements for pipe material(TAC Rule 265.187(c)(4)). The requirements in TAC 265 for the circulation piping system in pre 10/01/99 pools are fairly minimal and except for the requirement to withstand operating pressures do not provide any significant restrictions or guidelines for the Designer and Owner. Based on this,the existing piping in the wading pool is compliant with state regulations. For post 10/01/99 pools,the TAC 265 requirements are much more detailed. These new requirements are based on recommendations from the Texas Public Pool Council,other state health department standards,and the National Spa and Pool institute; and can thus be counted on to provide a better overall system than the previous requirements. Hence, it is our recommendation(whenever possible)to comply with the most recent standard. According to TAC 265(Rule 265.187(b)(4)),the maximum water velocity in PVC piping is 10 feet per second for discharge and 6 feet per second for suction. Based on the recommended flow rate of 84 GPM(1 hour turnover),the existing 2-inch discharge pipe from the filters would have a velocity of approximately 8.1 feet per second. This is compliant with the TAC 265 requirements for a post 10/01/99 pool. It appears the wading pool main drain and skimmer are connected somewhere near the pool with a single 2.5-inch pipe supplying the pump. As previously noted, TAC 265(Rule 255.187(b)(4))requires the maximum velocity in suction piping to be 6 feet per second. Based on a flow rate of 84 GPM, a 2.5-inch Schedule 40 PVC pipe would have a flow velocity of approximately 5.7 feet per second. This is compliant with the TAC 265 requirements for a post 10/01/99 pool. Based on our analysis,the existing wading pool piping and pump system is compliant with TAC 265 requirements for pre and post 10/01/99 pools. However,the existing wading pool filter is not compliant with these same State standards. Suction Outlets and Return Inlets Both State of Texas and US Federal regulations require the pool's main drain to include a suitable means to prevent suction entrapment,hair entrapment, and evisceration. The Texas regulations for suction outlets and return inlets are found in TAC 265 under Rule 265.190. These rules apply to both pre and post 10/01/99 pools. All pre 10/01/99 pools were to have been upgraded to comply with current TAC regulations for suction outlets no later than 09/01/04 (TAC 265.190(e)). US Federal regulations,specifically USA Public Law 110-140 also known as the"Virginia Graeme Baker Pool and Spa Safety Act"(VGBA), became effective as of December 19, 2008 and a public swimming facility may not be opened to the public after that date if the main drains are not in compliance with this regulation. The requirements for compliance with VGBA are based on staff interpretation of the legislation by the Consumer Products Safety Commission(CPSC). The specific standards which CPSC references are delineated in ASME A112.19.8-2007(2008)as follows! • Drain Cover Dimensions • Drain Cover Water Velocity • Drain Cover Certification • Drain Cover Fasteners • Drain Sumps 06/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 08 203 Nederland City Pool Page l Page 7 • Drain Cover Protrusion • Drain Cover Materials and Construction • Drain Cover Markings and Labeling • Supplemental Anti-Entrapment Devices or Systems There are several provisions of the VGBA which supersede existing provisions of TAC 265. Hence precedence will be given to VGBA requirements which primarily include: • Main Drain cover aspect area—minimum of 29-inch diagonal measurement • Main Drain cover flow capacity—rated flow stamped on cover by Manufacturer or filed engineered cover with a maximum intake velocity of 1.5 feet per second • Main Drain sump configuration—minimum of 1 5 pipe diameters clearance from bottom of cover to top of pipe • Main Drain cover Manufacturer's certification--ASME/ANSI A112.19.8 certification including 8 specific drain use conditions • Supplemental Vacuum Release System—for single drain pools and all shallow pools Once the Federal requirements are met,the only provision in TAC 265 which is generally an issue is system capacity. Suction Outlets and Return Inlets are covered in detail in TAC 265.190. Suction Outlets and Return Inlets—Main Pool The main pool includes two(2) 18-inch square main drains in the deep end of the pool, 14 wall skimmers,and an unknown number of wall mounted eyeball returns spaced around the perimeter of the pool. The existing main drain covers are not compliant with the VGBA requirements. The existing covers are too small for the existing flow conditions and are not ASME/ANSI compliant. These covers will require removal and replaced with suitable VGBA compliant covers The existing skimmers are also not compliant with the VGBA requirements. The skimmers have equalizers which daylight through the pool wall below water level. CPSC has determined that these equalizers are submerged suction outlets and must be compliant with VGBA. Due to the water in the pool it was impossible to physically examine the main drain sumps to determine if they are VGBA compliant. Based on my experience with other similar pools,it would be prudent to assume they are not compliant and will require modification_ Suction Outlets and Return Inlets—Wading Pool The wading pool includes one(1)8-inch diameter main drain, one(1)wall skimmer,and an unknown number of wall mounted eyeball returns spaced around the perimeter of the pool. The existing main drain cover is not compliant with the VGBA requirements. The existing cover is too small for the existing flow conditions and is not ASME/ANSI compliant. The VGBA requirements also include a minimum of two(2)main drains for shallow pools. The existing main drain system will require modification to allow at least one(1) additional main drain and installation of suitable VGBA compliant covers. The existing skimmer is also not compliant with the VGBA requirements. The skimmer has an equalizer which daylight through the pool wall below water level. CPSC has determined that skimmer equalizers are submerged suction outlets and must be compliant with VGBA. Due to the water in the pool it was impossible to physically examine the main drain sump to determine if it is VGBA compliant. Based on my experience with other similar pools, it would be prudent to assume they are not compliant and 06/24/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 09 204 Nederland City Pool Page8 Page 8 will require modification. CPSC also"strongly"recommends all shallow pools include a Supplemental Vacuum Release System which is not currently present in the wading pool's mechanical system. The pool is surrounded by a concrete deck with integral deck drains. The deck access is adequate with the minimum requirement of 6-feet of open deck space from the water's edge maintained around the entire perimeter. The deck appears to be adequately sloped and has sufficient deck drains to prevent water retention. Although there was no opportunity to inspect the drainage characteristics of the deck during the site visit,general observation of the deck drainage indicates that they should drain quickly Pool Drainage and Overflow The overflow fittings in both pools appeared to be operational and no issues were raised by the Owner during our site visit. The deck drains appeared to be clear of debris and there was no standing water present during the site visit. The joints in the deck have degraded and are no longer water tight. This is covered in TAC 265.186(a)(8). The existing joints will need to be cleaned and filled with an appropriate caulk to insure compliance. The filter backwash connections in the equipment area appear to be adequately sized and lead to a suitable sanitary sewer connection. There were no apparent issues with these systems. Disinfectant Equipment and Chemical Feeders The existing disinfection system includes a Pulsar chlorinator which feeds both pools. Although this system is adequate for the facility, it is outdated and requires significant monitoring by field staff to ensure the pool chemistry is accurately maintained. Water Level Controls and Water Supply Connections The water fill into the main pool is from an over the rim fill spout located near the diving board at the deep end of the pool. There was no apparent fill source directly connected to the wading pool, so we assume it is filled with a water hose attached to a nearby hose bib. Neither pool appeared to have an automatic water level sensor attached to a solenoid valve water feed. Although not a specific requirement, automatic water level control provides better pool management and minimizes water chemistry fluctuations. Underwater Lighting The main pool has 12 underwater light fixtures. These were not on during our site visit and so we cannot comment on their function. There did not appear to be any underwater lights in the wading pool,though the lack of water clarity made it difficult to completely observe the pool area. The pool area has some area lighting,though it is not apparent if this is sufficient to adequately light the pool for night use. According to TAC 265.199(k)(1),the minimum lighting required for night use of a public pool is 0.5 watts per square foot of water surface. This can be underwater lighting, area lighting, or a combination of both. Standard underwater light fixtures for swimming pools are 500 watts each. Assuming all 12 of the existing fixtures are operational and they are in fact 500 watts each,the underwater lighting is sufficient to adequately light the pool(3,200 watts required and 6,000 watts provided). 06/24/2009 16:54 7137324496 WATERSCAPE CNSLTNTSI PAGE 10 205 Nederland City Pool 6/24/09 Page 9 Life Safety, Health, and Recreation Considerations The main pool has adequate egress except for handicapped access. The pool currently has a structural ramp in the shallow end,though it is too steep to qualify as an ADA accessible facility. The pool area includes sufficient hose bib,drinking fountains, and rest room facilities for its intended use. The pool area does not include a 911 accessible telephone (TAC 265.199(j)). The pool was not compliant with post 10/01/99 TAC 265 standards for in pool tile markings and deck markings. The perimeter fence surrounding the pool yard appeared to be compliant with current TAC 265 requirements CONCLUSIONS AND RECOMMENDATIONS Although the pool is in fair shape considering its age and the minimal upgrades it has received over time, it is definitely not compliant with both State and Federal requirements in several specific areas. Additionally, operation and maintenance costs associated with the various pool systems could be significantly reduced with a complete renovation of the existing systems. The specific items which must be addressed before this pool is legally operable as a public pool are as follows' • Replace existing main pool pump with two(2)new pumps which meet the required flow conditions and which are NSF listed for self priming conditions. Based on preliminary analysis the new pumps would be 7.5 horsepower each, so the energy requirement would be similar to the existing single pump. • Replace existing main pool suction piping(main drain and skimmer)with larger piping which is compliant with current standards. • Replace existing wading pool filter with a new larger filter which meets current standards. • Replace the existing main drain sumps and covers with larger sumps and covers which are compliant with current standards. • Remove the existing skimmer equalizer lines and plug the equalizer outlets in the bottom of the skimmer bodies. • Install a 911 accessible telephone in the pool area. • Install new in pool tile markers as well as new depth markers located to comply with current standards. • Clean the existing joints in the perimeter deck and install a polysulfide or polyurethane caulk in the joints to make them watertight. • Install a new handicapped lift at the main pool(an under deck hose bib connection will also be required). In addition to the required items noted above,there are several areas which should be renovated to improve the operation of the pool and reduce maintenance costs • Larger filters for the main pool, specifically vertical units which are less susceptible to short circuiting and which can sustain higher filter and backwash flow rates. It is also possible a single vertical filter could meet the requirements. • Automatic backwash system for the filters to reduce maintenance and clown time. • New PPG Accutab chlorination system, poly acid tanks, and UV sterilization with automatic sampling and injection system. 4/2009 16:54 7137824496 WATERSCAPE CNSLTNTSI PAGE 11 Nederland City Pool Page l Page 10 • New control and pump panels(fiberglass or stainless steel)with smart technology to monitor pump motor conditions, provide automatic start and stop,and provide indicator light or screen interface of current operating conditions. This could also include an integral land line or cell phone contact to provide text messaging to maintenance personnel. • Automatic water level controls and supply systems. • New quartz plaster,frost proof tile, and coping. • A larger slide amenity to increase user load and provide a more varied play experience. • Replace the existing wading pool with a dry deck spray ground. This would reduce the operation and maintenance costs associated with the wading pool and significantly Increase the variety of play experiences. Based on my site observations,the pool will require significant work to ensure it is compliant with current Federal and State regulations. Please note that the pools in their current condition are not legal to operate and may create a significant legal and financial liability on the city and its managing personnel if they are operated in their current condition. For example,the penalty for noncompliance with the VGBA is a$1.8 million dollar fine. The Nederland City Pool is obviously a valuable asset to the city and its citizens and provides a significant quality of life enhancement to the area. Initiating the improvements outlined above will ensure the pool is compliant with all pertinent regulations and provide a valuable asset for the City for decades to come. Thank you for the opportunity to prepare and submit this report for your consideration. I sincerely hope it will help facilitate the recommended renovations. I appreciate the opportunity to provide our services to create it. We also look forward to an opportunity to assist the City of Nederland in implementing the recommendations made herein. If you have any questions or need any additional information, please contact our office. Sincerely, 4.t.•••ar�r +s t • ,4•HARRY BECKWRH Ill, P.E 73162 '4 Harry Beckwith III, PE p�F:� rs.r Principal ij > i, f H 1PROJECTS\2008\2009-510\C RRS PN DC\PER-01.DOC 207 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 8:30 a.m. July 6, 2009 1. MEETING The workshop was called to order at 8:30 a.m. by Mayor R. A. Nugent at the Marion and Ed Hughes Public Library, 2712 Nederland Avenue, Nederland, Texas. See attached for quorum. 2. PROPOSED BUDGET Chris Duque, City Manager, stated that each department will present their accomplishments, goals, and future needs to the Council relative to budgeting. Following each presentation Mr. Duque reviewed the proposed 2009-2010 budget for that department. The schedule was as follows: Library 8:30 a.m. to 9:00 a.m. Police Department 9:00 a.m. to 10:15 a.m. Fire Department 10:30 a.m. to 11:00 a.m. Personnel/Civil Service 11:00 a.m. to 11:20 a.m. Inspection Department 11:20 a.m. to 11:35 a.m. Finance Department 1:30 p.m. to 1:50 p.m. Parks Department 2:00 p.m. to 2:35 p.m. Public Works 2:45 p.m. to 3:55 p.m. City Manager/Other Funds 4:00 p.m. to 5:00 p.m. A discussion was held after each department presentation. 3. ADJOURN There being no further discussion the Workshop was adjourned at 5:05 p.m. by Mayor R. A. Nugent. ) R. A. Nugent '° ( yor City of Nede nd, Texas ATTEST: sqcsor LaDonn Floyd, City Clerk 1. City of Nederland,Texas 208 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor V Jeff Ortiz Council Member—Ward I ✓ Billy Neal Council Member—Ward II /` Don Albanese 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 V Darrell Bush Police Chief r/' I Gary Collins Fire Chief ,/ Steve Hamilton Director of Public Works i/ Rod Hatch Building Official ;./ Victoria Klehn Librarian ,/ Kelly Galloway Assistant to the City Manager V Joni Underwood Executive Secretary I/ AZ di. R.A.Nugent ?ayor `J7 cvvL�0, c-j-4C,iIr-Ni LaDonna Floyd,City Clerk I l- L- C or 1—,-) ud<", 10 Date 209 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 13, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the minutes of the regular meeting of June 22, 2009; special meeting of June 26, 2009; and, work session of July 6, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. DEPARTMENTAL REPORTS A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to accept the June Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve the first reading of Resolution No. 2009-06, ratifying the action of the Nederland Economic Development Corporation relating to project costs for RT Technical Solutions, LLC in the amount of$75,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Albanese to approve payment of the bills for the month of June 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve payment to Schaumburg & Polk, Inc., Beauxart Garden Road improvements, in the amount of$3,970.25. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 210 Minutes continued, July 13, 2009 A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve payment to DRC Emergency Services, LLC, Debris Management following Hurricane Ike, in the amount of$220,745.46. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. BIDS/PURCHASES A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Neal to postpone awarding bids received for "2009 Smoke Testing Services". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. REPORTS Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2008 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. Steve Hamilton, Director of Public Works, gave a brief report on drainage issues. He stated that the main focus has been on structures that have received flooding during heavy rains. He added that the downtown area has some drainage problems and a survey has been conducted on the alley behind the businesses on the north side of Boston Avenue in order to determine the best solution for that area. Currently drainage work is being done on Avenue G. Chris Duque, City Manager, explained that City staff will meet with the downtown merchants next month to keep them informed of the progress being made on the drainage issues. 8. EXECUTIVE SESSION The regular meeting was recessed at 4:50 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 Attorney. 9. RECONVENE The regular meeting was reconvened at 5:10 p.m. by Mayor Nugent. 10. APPOINTMENT A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to authorize City staff to solicit Request for Qualifications for a City Attorney with a submittal deadline of July 31, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 211 Minutes continued, July 13, 2009 11. COMMUNICATION City Manager Report: a. Swimming Pool - Parks Board Meeting Mr. Duque reported that the Parks Advisory Board will meet Tuesday, July 14th, to discuss the pool and other items. Staff has been working with NISD regarding using the pool at Central Middle School for swimming lessons, etc. NISD has agreed to allow the City to use the pool at a nominal fee. Current lifeguards will be used as needed. b. Chamber of Commerce Monthly Coffee Mr. Duque reminded Council that the Chamber of Commerce Monthly Coffee will be held at 8:00 a.m., July 14th, at Nederland Glass. 12. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent ayor City of Nede and, Texas ATTEST: `\Co^evncCi.�rJ LaDonna Floyd, CityClerk City of Nederland,Texas r 212 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor / Jeff Ortiz Council Member—Ward I Billy Neal Council Member—Ward II ✓ Don Albanese 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 V" Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager ,+ Joni Underwood Executive Secretary ✓ R.A.Nugent,Mask"r ecl__OOvvsle, • 4.f'n„( I LaDonna Floyd,City Clerk 1- /3: 09 Date 4,1.J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 27, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the minutes of the July 13, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. COMMENTS Kay Lynn Gibson, 1011 Atlanta, addressed the Council to request that they approve a resolution urging the members of the United States Senate to oppose ratification of the United Nations Convention on the Rights of Children. Mayor Nugent thanked Mrs. Gibson for her comments and stated that City staff will review her request and make a recommendation at a later date. 4. STREETS AND SIDEWALKS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to authorize the closure of 13th Street from Nederland Avenue to Atlanta Avenue on August 22nd from 5:00 p.m. to 9:00 p.m. for the First United Methodist Church "Back to School Bash". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. REQUESTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a request from Brian English to waive fees to utilize the Nederland Recreation Center gym on August 1st from 8:00 a.m. to 8:00 p.m. for a youth basketball tournament that will benefit students of NISD. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 214 Minutes continued, July 27, 2009 6. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the second and final reading of Resolution No. 2009-06, ratifying the action of the Nederland Economic Development Corporation relating to project costs for RT Technical Solutions, LLC in the amount of$75,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. FINANCE DEPARTMENT Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending June 30, 2009. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the June 2009 Tax Collector Report. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve payment to Carroll & Blackman, Inc., Storm Water Management Plan, in the amount of$1,212.96. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $ 3,662.50, Beauxart Garden Road improvements; $1,168.90, 2009 Sewer Rehabilitation Project; and, $11,144.48, 2009 Concrete Street Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve payment to Brystar Contracting, Inc. in the amount of$180,566.98, Sterling Ridge Subdivision Drainage Connection Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to postpone approval of a payment to DRC Emergency Services, LLC for Debris Management following Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 215 Minutes continued, July 27, 2009 9. BIDS Chris Duque, City Manager, explained that on June 11th seven bids were received for the 2009 Smoke Testing Services. Two companies provided identical prices—Interra Hydro, Inc. and GSWW—at a price of$0.31 per linear feet. After conferring with the City Attorney, the bid must be awarded by casting lots. The casting of lots must be in the manner prescribed by the Mayor and must be conducted in the presence of the City Council at an open meeting. All qualified bidders must have a representative present. The casting of lots may be accomplished by the throwing of dice or the flipping of a coin or other means to determine the outcome by chance. Mayor Nugent recommended the City Clerk conduct the flipping of a coin - with heads for Interra and tails for GSWW. LaDonna Floyd, City Clerk, flipped the coin and it landed on heads, therefore, the bid will be awarded to Interra Hydro, Inc. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to award bids received for the 2009 Smoke Testing Services to Interra Hydro, Inc. at a price of$0.31 per linear feet. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to authorize bids to be received for the 2009 Concrete Street Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. ORDINANCE Chris Duque, City Manager, presented Ordinance No. 2009-12, Franchise Agreement with Entergy Texas, Inc. In accordance with the City of Nederland Home Rule Charter this is the first of two required presentations. The ordinance will become effective 30 days after the first presentation. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the first reading of Ordinance No. 2009-12, Franchise Agreement with Entergy Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. RECOGNITION 1 Mayor Nugent recognized Rod Hatch on his retirement and thanked him for his 15 years of service. He praised Mr. Hatch for his outstanding performance over the years and added that he will be greatly missed and wished him well in his retirement. Rod Hatch thanked the Mayor, Council, and staff for the opportunity to serve the City and citizens of Nederland. ' 1 6 Minutes continued, July 27, 2009 12. EXECUTIVE SESSION The regular meeting was recessed at 5:10 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 Attorney. 13. RECONVENE The regular meeting was reconvened at 5:17 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 14. COMMUNICATION City Manager Report: a. Team City Meeting - Wednesday, July 29th at 11:30 a.m. at the Henson Building b. Doornbos Park Swimming Pool - A special meeting of the Parks Advisory Board will be conducted Friday, July 31St, at noon to receive a report from Waterscape Consultants, Inc. 15. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 5:24 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. *ai R. A. Nugent, ayor City of Nederl nd, Texas ATTEST: LaDonna Floyd, City Clerk/ City of Nederland, Texas I 217 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor (,✓ Jeff Ortiz Council Member—Ward I Billy Neal Council Member—Ward II I/ Don Albanese Council Member—Ward III ✓ Bert Rogers Council Member—Ward IV ✓ Chris Duque City Manager LaDonna Floyd City Clerk t/ Richard Hughes City Attorney Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief t✓ Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works Rod Hatch Building Official ✓ Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager /✓ Joni Underwood Executive Secretary I/ Ad LA R.A.Nugent, •or LaDonna Floyd,City Clerk 2- Date 218 RESOLUTION 2009-06 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 project costs associated with RT Technical Solutions,LLC,in an aggregate maximum amount of not more than Seventy-Five Thousand dollars($75,000.00),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 l3°i day of July ,2009 at which meeting a quorum was present and voting. Rgent ayor City of Nede d,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: f Richard D.Hughes,City tto(A mey City of Nederland,Texas 219 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 27th day of July ,2009 at which meeting a quorum was present and voting. I001 I� R.A. xi._en I'ayor City of Nede d,Texas ATTEST: --(2.0-1 LaDooni as F d,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,Cit Attorney City of Nederland,Texas I 220 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. August 6, 2009 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. EXECUTIVE SESSION The special meeting was recessed at 9:01 a.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - review, deliberate and discuss City Attorney 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 10:55 a.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 Councilmember Albanese and seconded by Councilmember Rogers to adjourn the meeting at 10:55 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ayor City of Nede'and, Texas ATTEST: LaDonna Floyd, City Clei'k City of Nederland, Texas 221 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET ' E NAME TITLE PRESENT ABSENT N R.A.Nugent Mayor ✓ Jeff Ortiz Council Member-Ward I ✓ Billy Neal Council Member-Ward II ✓ Don Albanese 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 `..,- rDarrell Bush Police Chief 'V Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ Rod Hatch Building Official `� Victoria Klehn Librarian , Kelly Galloway Assistant to the City Manager './ Joni Underwood Executive Secretary °/ £i i . R. •. 'ugen,. T'yor I C e4, c LaDonna Floyd,City Clerk g GD c 9 ,e_- (4I7 "u t` ^. Date 22 2 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 10, 2009 1. MEETING The regular meeting was called to order at 4:30 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 Albanese and seconded by Mayor Pro Tem Neal to approve the minutes of the July 27, 2009 regular meeting and the August 6, 2009 special meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. DEPARTMENT REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to accept the July 2009 Department Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. REOUESTS A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve a request from the Mid County Noon Optimist Club to waive fees for use of Doornbos Park and the Recreation Center for their annual Cross Country Meet to be held September 11 and 12, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. BOARDS AND COMMISSIONS A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to appoint Stephanie Gallagher to the Parks Advisory Board to fill the unexpired term (January 31, 2011) of Sal Zepeda as the Ward I representative. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I Minutes continued, August 10, 2009 4 6. PAYMENTS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve the payment of the bills for the month of July, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. GRANTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to authorize the submission of a grant in the amount of $37,500.00 to the Wilton and Effie Mae Hebert Foundation for the Marion & Ed Hughes Public Library. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. AGREEMENTS/CONTRACTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a contract with Edwards & Fontenote, LLP, to perform the City's annual audit for Fiscal Year 2008-2009 as follows: $31,300 if Single Audit Act requirements are not necessary, and $35,000 if Single Audit Act requirements are necessary. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve a contract with Schaumburg & Polk, Inc. in an amount not to exceed $145,000 for the construction phase services relating to the Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve an Interlocal Agreement with Jefferson County Water Control and Improvement District No. 10 for Fire Protection Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve a Collective Bargaining Agreement with the Nederland Police Officers'Association. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve a Collective Bargaining Agreement with the International Association of Firefighters Local 3339. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. • 2;. Minutes continued, August 10, 2009 9. ORDINANCE Chris Duque, City Manager, presented Ordinance No. 2009-12, Franchise Agreement with Entergy Texas, Inc. In accordance with the City of Nederland Home Rule Charter this is the second of two required presentations. The ordinance will become effective 30 days after the first presentation. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve the second reading of Ordinance No. 2009-12, Franchise Agreement with Entergy Texas, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. BUDGET A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve Ordinance No. 2009-13, fiscal year 2008-2009 budget amendment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Chris Duque, City Manager, gave a brief overview of the proposed 2009-2010 budget and announced that the Public Hearing will be held at 4:30 p.m., August 24`h. He stated that he will propose to keep the same tax rate of $.578 per $100 valuation, however, two public hearing will be conducted prior to adoption of a tax rate. The proposed budget for all funds totals $19,637,575. Mr. Duque added that the estimated fund balance for FY 2009-2010 is $4.276 million. The proposed budget includes a 2% cost of living increase for all full time employees. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Resolution No. 2009-07, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010, and calling for a Public Hearing to be held on August 24, 2009 at 4:30 p.m. for the purpose of receiving questions and/or comments on the proposed budget as per Article VI of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 5:05 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 Attorney. 12. RECONVENE The regular meeting was reconvened at 5:18 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 22 Minutes continued, August 10, 2009 13. PUBLIC OFFICIALS 1 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the resignation of Richard D. Hughes, City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 14. PUBLIC OFFICIALS Chris Duque, City Manager, stated that when Mr. Hughes indicated that he would resign the City advertised for Request for Qualifications for a new city attorney. Three responses were received and all of those were interviewed by the City Council. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to appoint Jesse Branick as the City Attorney for the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 15. COMMUNICATION City Manager Report: a. Doornbos Park Swimming Pool - Parks Advisory Board will meet at noon on I August 18th with a representative of Waters Consulting. Three preliminary designs, as well as estimated costs, will be presented to the Board for their input to the City Council. b. Grants - Mayor Pro Tern Neal stated that he would like to the City begin applying for grants when they become available. He mentioned that the Cities of Port Neches and Groves received grants to purchase new fire trucks and feels we should be doing the same. Fire Chief Collins replied that the City of Nederland did not meet the qualifications for the grant used to purchase fire trucks because it required that the fire station be within a minimum distance to a river and we were not within that distance. c. Beauxart Garden Road and Canal Avenue Water Tower projects - Steve Hamilton, Director of Public Works, reported that drainage work continues on the Beauxart Garden Road project and Entergy is currently relocating poles in the area. The contractor for the water tower project has been meeting with Philpott Motor Company in order to prevent any damage to vehicles on their lots. Barricades will be provided to prevent parking too close to the work. 16. ADJOURN There being no further business a motion was made by Mayor Mayor Pro Tern Neal and seconded by Councilmember Albanese to adjourn the meeting at 5:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. INoes: None. R. A. Nugent,iayor a -e.,y,d dddddd LaDonna Floyd, City Clerk 226 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor r/ Jeff Ortiz Council Member—Ward I j/ Billy Neal Council Member—Ward II Don Albanese Council Member—Ward III Bert Rogers Council Member—Ward IV Chris Duque City Manager /V LaDonna Floyd City Clerk 1/ Richard Hughes City Attorney Cheryl Dowden Director of Finance V" Darrell Bush Police Chief Gary Collins Fire Chief t� Steve Hamilton Director of Public Works :✓/ George Wheeler Building Official V Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretary /54: A / R.A.Nugent, or or c I e vti� r-.at(,-! LaDonna Floyd,City Clerk /0- C'et Date 227 Edwards & Fontenote, LLP Certified Public Accountants July 29,2009 Honorable Mayor and City Council City of Nederland Nederland,Texas We are pleased to confirm our understanding of the services we are to provide the City of Nederland,Texas(the City)for the year ended September 30,2009. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements,of the City of Nederland as of and for the year ended September 30, 2009. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Nederland's basic financial statements. As apart of our engagement,we will apply certain limited procedures to the City of Nederland's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures,but will not be audited: 1. Management's Discussion and Analysis 2. Statement of Revenues and Expenditures—Budget and Actual(GAAP)—General Fund Supplementary information other than RS1 also accompanies the City of Nederland's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion in relation to the basic financial statements: I. Schedule of Expenditures of Federal Awards 2. Combining and Individual Fund Information 3. Other Supplementary Information The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Introductory Section 2. Statistical Section 4349 Crow Road, Suite B • Beaumont, Texas 77706 Phone (409) 924-9100 • Fax (409) 924-0990 228 Honorable Mayor and City Council City of Nederland Page 2 July 29,2009 Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. The objective also includes reporting on: 1. Internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. 2. Internal control related to major programs and an opinion (or disclaimer of opinion)on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management,the body or individuals charged with governance, others within the entity specific legislative or regulatory bodies, federal awarding agencies,and if applicable,pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America;the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records,a determination of major program(s)in accordance with Circular A-133,and other procedures considered necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified,we will fully discuss the reasons with you in advance. If,for any reason, we are unable to complete the audit or are unable to form or have not formed opinions,we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. As part of the audit,we will assist in the preparation of a draft of your financial statements, schedule of expenditures of federal awards, and related notes. You are responsible for making all management decisions and performing all management functions relating to the 229 Honorable Mayor and City Council City of Nederland Page 3 July 29,2009 financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that our assistance with preparation of the financial statements and the schedule of expenditures of federal awards and that you have reviewed and approved the financial statements,schedule of expenditures of federal awards,and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining internal controls,including internal controls over compliance,and for monitoring ongoing activities,to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presently component unites, each major fund, and the aggregate remaining fund information of the City of Nederland,Texas and the respective changes in financial position and, where applicable,cash flows in conformity with U.S. generally accepted accounting principles; and for federal award program compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include, including any identifying significant vendor relationships in which the vendor has the responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud,and for informing us about all known or suspected fraud,or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control,and(3)others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees,grantors,regulators,or others. In addition,you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally,as required by OMB Circular A-133,it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review. Management is responsible for establishing and maintaining of a process for tracing the status of audit findings and recommendations. Management is also responsible for identifying for us 230 Honorable Mayor and City Council City of Nederland Page 4 July 29,2009 previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements,performance audits,or studies. You are also responsible for providing management's views on our current findings,conclusions,and recommendations,as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining,on a test basis,evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective,Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable,but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition,an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement,and they may bill you for responding to this inquiry. At the conclusion of our audit,we will also require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control,sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing,and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and 231 Honorable Mayor and City Council City of Nederland Page 5 July 29,2009 detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope that would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal controlled issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However,our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However,during the audit,we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards,Government Auditing Standards,and OMB Circular A-133. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Nederland,Texas' compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Nederland,Texas'major programs. The purpose of those procedures will be to express an opinion on the City of Nederland, Texas' compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Audit Administration,Fees,and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies,procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we 232 Honorable Mayor and City Council City of Nederland Page 6 July 29,2009 will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement,you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore,we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sectio is of and electronically sign the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings,auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse. We will coordinate with you the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. The audit documentation for this engagement is the property of Edwards&Fontenote,LLP and constitutes confidential information. However,pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to state and federal agencies or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit,to resolve audit findings,or to carry our oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Edwards & Fontenote, LLP's personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the state or federal agency, or its designee. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on a date agreed upon by both parties and to issue our reports at a meeting agreed upon by both parties. James Edwards is the engagement partner and is responsible for supervising the engagement and signing our report. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs(such as report reproduction,word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses,will not exceed$31,300. If the City has expended federal program monies sufficient to require a Single Audit,the fee will be an additional$4,000. Our standard hourly 233 Honorable Mayor and City Council City of Nederland Page 7 July 29,2009 rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. if we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of ternination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Nederland and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, I please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly you�rL '`"" A- ds&Fontenote,LLP . fled Public Accountants RESPONSE: This letter correctly sets forth the understanding of the City of Nederland. By: 4,4 1,...._ , Title: #y t/I Z Date: id (/C. — `( 07 _ 234 AUTHORIZATION OF SERVICES Dated: AUGUST 10,2009 In accordance with the Agreement dated February 9, 2009, between the City of Nederland and Schaumburg&Polk,Inc.;this authorization is for services to be provided during the construction phase of the wastewater collection system rehabilitation project. SCOPE OF WORK The scope of work during the construction phase is outlined in the following table. The City will provide field personnel for observation of construction. Schaumburg&Polk, Inc.will provide construction administration services as outlined in the following table. Activity City Responsibility SPI Responsibility Layout of Pipe Observe None Joint Welding Observe 2 or 3 visits Street Closure Coordinate and Notify None Obtain GPS Coordinates between Calculate Distances and Provide Summary Pipe Burst manhole/clean-out segments Report,Update Map Manhole Replacement Observe 6 visits Testing Provide table for allowable leaks,maintain Low Pressure Air Witness records Witness,identify possible defects and Maintain record of private leaks and report Smoke notify contractor,GPS leaks to City Witness,Stabilized Sand,measure if in Update map using GPS and keep record of Service Installation excess of 8 feet,GPS extra footage Other Associated Items By-Pass Pump Approval and track location,time Maintain summary log Pavement Measurement Maintain summary log Sidewalks Measurement Maintain summary log Curb&Gutter Measurement Maintain summary log Point Repairs Each repair and Trench Safety Maintain summary log Provide forms,train personnel and Weekly summary report produce weekly report from logs Customer Complaints Receive from City,forward to Contractor, Initial maintain log Meet monthly w/City and Contractor to Follow-up Site visits as needed discuss unresolved Additional Work Provide lists Develop plans and change order Technical Questions Respond as needed Periodic Visit Once per month Record weather delays,review material on Monitor and field confirm material on Monthly Pay Requests hands hand,receive and review SPI SCHAUMBURG POLK, 233 PROJECT SCHEDULE The activities in this phase are dependent on time. The services are budgeted based on the construction contract time of 420 calendar days. ENGINEER'S COMPENSATION The method of compensation for services is provided in the existing agreement. The total amount for services as outlined above will not exceed $145,000 without prior authorization. The amount includes an estimated$17,000 to provide a change order for not more than 15,000 feet of additional line work. OWNER ENGINEER CITY OF NEDERLAND SCHAUMBURG&POLK,INC. 7)/0/11,44T- Signature A. -- a- .ignature ' By: R.A.Nugent By: Ricky J.Bourque.P.E. Title: Mayor Title: Vice President I SPI SCHAUMBURG POLK, 23r STATE OF TEXAS § ' COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICE This Interlocal Agreement for Fire Protection Service is between the City of Nederland, a Texas home rule municipality(the"City")and the Jefferson County Water Control&Improvement District No. 10, a water control and improvement district operating under Chapter 49 and 51, Texas Water Code(the "District"). Recitals A. The District wishes to enter into an agreement with the City on an as needed basis to obtain fire protection services to areas or locations within the District. B. Fire services are provided within the District by the District's Volunteer Fire Department(the"VFD")pursuant to a fire plan created by the Texas Commission on Environmental Quality(formerly the Texas Water Commission)on December 20, 1982(the"Plan"). C. The District requests that the City provide fire-fighting services to the District in exchange for the agreements and compensation specified herein. D. The District and the City are entering into this Agreement in accordance with the Interlocal Cooperation Act,Chapter 791 of the Texas Government Code. Agreement In consideration of their mutual covenants and the benefits received by each party, the District and the City agree as follows: I. Term The term of this Agreement is two (2) years, beginning on or about August 1, 2009, and ending on July 31, 2011. The parties, upon written agreement, have the option to renew this Agreement for two additional one(1)year periods. II. Equipment and Personnel All equipment used by the City in carrying out this Agreement will be owned by or under contract with the City. All personnel acting for the City under this Agreement will be employees and volunteers of the City. III. Scope of Services The City will provide the following services: 237 (a) The City will make Fire Fighting and Fire Fighter EMS First Response Services ("Services") available within the District's boundaries(the"Service Area")as requested by the District or by the VFD. (b) The City will dispatch appropriate equipment and personnel for fire fighting operations, rescue operations, emergency medical first response, hazardous materials response,and other emergency responses upon notification either by the District or the VFD. The City will dispatch fire fighter medical first response personnel to begin emergency medical care upon notification either by the District or the VFD of a need for services within the Service Area. (c) It is agreed that the City's strategic and tactical guidelines will be used when making responses in the Service Area. The City may unilaterally amend the City's strategic and tactical guidelines at any time. The City will provide a copy of the City's strategic and tactical guidelines and copies of all amendments to the District. (d) The City shall maintain a seven(7)minute or less average annual response time to emergency calls in the Service Area. The response time shall be defined as the elapsed time from the City dispatch of the units to the arrival of the first City unit at the scene of the emergency. The calculation of the average response time will include only calls that result in the first City unit arriving at the emergency scene under Code 3(lights and sirens). (e) The City shall coordinate with the District Manager and the Chief of the VFD in relation to fire protection services,fire fighting,medical emergencies,and rescue calls. The District and VFD shall adhere to the incident command protocols used by the City at emergency events. (f) The City fire fighters dispatched for fire fighting operations under this Agreement will respond in their City equipment. (g) With the exception of hazardous materials alarms, the City shall not use any subcontractor to provide Services without prior written approval of the District. The City hazardous materials alarm response service shall provide only stabilization of a life safety threat,not hazardous materials clean up or site restoration. The City's on-scene commander at a hazardous materials alarm may determine that a qualified contractor is required to clean up the hazardous materials. The District shall be solely responsible for paying for any clean- up costs associated with a hazardous materials alarm, and the City shall have no financial responsibility for any such clean-up costs. IV. Consideration In consideration of the services provided under this Agreement,the District shall agree to pay the City in accordance with the following schedule which shall be paid within thirty (30) calendar days of receipt of invoice by the District from the City: Equipment and on duty manpower YEAR ONE$250 per hour flat rate Overtime call out actual cost of overtime personnel determined by City Fire Chief #692876 Page 2 23? YEAR TWO ' Equipment and on duty manpower $262.50 per hour flat rate Overtime call out actual cost of overtime personnel determined by City Fire Chief V. Training The City will comply with the training and reporting requirements of the Texas Commission on Fire Protection, the Texas Department of Health, the Texas Commission on Environmental Quality, the United States Occupational Safety and Health Act, and the Environmental Protection Agency for paid firefighters. Copies of written training reports produced by the City for a certifying agency will be available to the District upon request. Any training of City staff has a result of the terms of this Agreement will be paid for by the District. VI. Liability and Insurance Section 791.006 (Liability in Fire Protection Contract) of the Texas Government Code relating to Interlocal Cooperation Contracts provides that civil liability remains with the governmental unit that would have been responsible or providing the services in the absence of the contract. Since the District is voluntarily assuming responsibility for providing fire protection services and is seeking to provide fire protection services by contract,the City will not assume any liability for Services provided to the District under this Agreement. The District and the City agree that the act of any person or persons while fighting fires or providing firefighting and emergency medical services,traveling to or from the emergency scene,or in any manner furnishing Services under this Agreement in the Service Area shall be considered as the act of the District,even if the person or persons may be an employee or volunteer of the City. All liability to third parties shall be the responsibility of the District,except to the limit of a claim by an employee of the City that is covered by workers compensation. Throughout the term of this Agreement,the District shall provide and maintain: (a) Commercial General Liability Insurance with a minimum bodily injury and property damage of$1,000,000 per occurrence,including contractual liability coverage. (b) Business Automobile Liability Insurance on all owned,non-owned or hired vehicular equipment of at least $1,000,000 combined single limit (CSL) per occurrence for bodily injury and property damage. The policies shall include endorsements in favor of the City for waiver of subrogation,thirty (30)days notice of cancellation and the City as an additional insured. The District shall provide the City a certificate of coverage issued by the insurer(s). The District shall not permit cause any insurance to be cancelled nor permit any insurance to lapse during the term of this Agreement. #692876 Page 3 239 VII. Immunity or Defense It is expressly understood that the District and the City do not waive,and shall not be deemed to waive,any immunity or defense that would otherwise be available to them against claims arising in the exercise of their governmental powers and functions. Nothing in this Agreement, including but not limited to Paragraph V, shall be construed to create a right or a ground of recovery for any third party. VIII. Records and Reports The City shall make and keep records for each incident response made under this Agreement, and the following information for a specific incident response will be provided to an authorized representative of the District upon request: the time of(1) the receipt of the notification of the emergency, (2)the dispatch of the call,and(3)the arrival of the responding units at the emergency scene. The City shall provide an annual incident response report to the District. Upon request, a representative of the City will attend public meetings of the District Board to present information on any emergency call within the Service Area.The parties agree that information that is confidential by law,including patient information,will not be presented.With respect to responses made by the City within the Service Area, the City shall prepare and submit all reports required by law, including reports required by the State Fire Marshal, and the Texas Department of Health. The parties will meet upon the request of either party to discuss the services provided under this Agreement. IX. Termination A. Termination Without Cause For the period beginning on or about August 1,2009,through July 31,2011,either party may terminate this Agreement at any time,without cause,by giving not less than thirty(30)days written notice. B. Termination With Cause If either party breaches an obligation under this Agreement,the other party may terminate the Agreement by sending written notice of termination,to be effective thirty(30)days after the date of the notice,unless the breach is cured to the non-breaching party's reasonable satisfaction within the thirty(30)day period.The parties may agree in writing to extend the period permitted for cure of the breach. C. Termination Due to Fire Rate Should the fire insurance rate of either City or District be jeopardized in any manner as a result of City responding to calls outside the City,then either City or District shall have the right to terminate this Agreement upon immediate notice through a written notification to the other parties to this Agreement. D. Payment if Terminated Prior to Expiration If this Agreement is terminated for any reason prior to its expiration,the District shall pay the City for services rendered through the termination date, and such pro-rated payment shall be #692876 Page 4 240 submitted to the City no later than thirty(30)days following the effective date of termination. The City shall retain all monies paid for services rendered through the termination date. X. Third Party Beneficiaries This Agreement shall inure benefit the City,the District and the VFD,and third parties not in privity hereto shall not, in any form or manner, be pursued as third party beneficiaries of this Agreement. Each party to this Agreement shall be solely responsible for the fulfillment of its own obligations or commitments specified in this Agreement. XI. Relationship of Parties This Agreement will not be construed in any form or manner to establish a partnership,joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the City and District. XII. Force Majeure If, by reason of force majeure as hereinafter defined,any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement,then such party shall give notice of the particulars of such force majeure to the other party within a reasonable time after the occurrence thereof. The obligations of the party giving such notice,to the extent affected by such force majeure, shall be suspended during the continuance of the inability claimed and for no longer period,and any such party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "force majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery,pipelines or canals; or other causes not reasonably within the control of the party claiming such inability. XIII. Financial Review City and District agree that until three (3) months after the termination of this Agreement, District shall have access and the right to examine any directly pertinent City records, papers, documents involving the providing of services as specified in this Agreement. City agrees the District shall have access during normal working hours to all necessary facilities for the performance of any financial review of the payments or financial obligations undertaken by the District to the City which shall include the right for District's personnel or auditors to review said records in order to conform annual or other compliance audits that may be necessary for the District or the VFD. District shall always give not less than thirty(30)days prior written notice of intent to undertake such financial review. XIV. Entire Agreement ' All oral and written agreements between the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement are contained in #692876 Page 5 241 this Agreement. The parties acknowledge that this Agreement can only be amended in a writing executed by an authorized representative of each party. XV. Severability If any provision of this Agreement is held invalid by a court of competent jurisdiction, that holding(1) shall not invalidate the remainder of this Agreement, (2) shall be limited to the specific parts of this Agreement described in that holding, and (3) shall not affect the validity of this Agreement in any other way or in any other instance. XVI. Governing Law This Agreement shall be governed by all applicable federal, state, and municipal laws including the provisions of the Texas Constitution,Art. 11,Sec. 5,and both parties agree to comply with all applicable laws in performing obligations under this Agreement. Where there is conflict between regulations or policies of the District and the City, the City's regulations or policies shall prevail.Venue for any dispute arising under this Agreement shall be in Jefferson County,Texas. XVII. Availability of Funding The City acknowledges that the District's payments under this Agreement are derived from tax revenues that are annually assessed and collected by the District under the Plan. The District has together with VFD accumulated funds to cover the initiation of this Agreement and shall in the annual budget process appropriate funds(proposed as$20,000 for fiscal years 2009 and 2010)to pay for the anticipated services that will be rendered by the City during each fiscal year;however,failure to appropriate sufficient funds to fully compensate for services provided by the City to the District shall not be deemed a default,but the District agrees to notify the City within a reasonable time if its Board of Directors has not appropriated sufficient funds to pay for a renewal extension of the Agreement and allow it sufficient time to make budgetary amendments. If at any time the City in its review of the annual budget of the District does not believe that the District is appropriating sufficient funds to pay for a renewal term of this Agreement, then the City may request for the District to consider budget amendments or shall have the right to terminate this Agreement on the last day for which funds were duly appropriated by the District for this Agreement. The District and VFD further agree that this Agreement imposes no financial obligations upon the City. XVI. Notices All written notices and/or payments required to be submitted to either party shall be sent to the addresses set forth below: The City: The District: City of Nederland Jefferson County WCID No. 10 Attn: Thomas McDonald ' Nederland, Texas 77627 3707 Central Boulevard Nederland, Texas 77627 #692876 Page 6 242 Copy to: Guy N.Goodson Germer Gertz,LLP P.O.Box 4915 Beaumont,Texas 77704 City Of Nederland Jefferson County Water Control &Improvement District No. 10 By i A By ' J`1- ..k Its Cq y,'QC's: :-. Its _vat i .�i.�""� <I 1 i Date 3''. J Q 6 Date 8- 7- 42 #692876 Page 7 243 ORDINANCE NO.2009-13 AN ORDINANCE AMENDING THE 2008-09 BUDGET IN I 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: 1 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 10th DAY OF AUGUST,A.D., 2009. R.A.Nugent ayor City of Neder d,Texas ATTTC/,EST: 7 , LaDonna Floyd,City Clerk City of Nederland,Texas IAPPROVED AS TO FORM AND LEGALITY: Richard D.Hughes,City Att" ey City of Nederland,Texas 244 BUDGET ORDINANCE AMENDMENT—ATTACHMENT A EQUIPMENT REPLACEMENT FUND-GENERAL Amend General Fund by appropriating unencumbered funds remaining at September 30,2008 in the amount of$153,000 and increase line items as detailed below: Increase 34-00-00-6742 Motor Vehicles $153,000 Allocate additional funds for purchase of Fire Department's Pierce Pumper on an Arrow XT Chassis. An unanticipated increase in costs necessitated proposed budget amendment. r I CITY OF NEDERLAND 2 4 5 RESOLUTION 2009-07 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, 2009 AND ENDING SEPTEMBER 30, 2010. 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, 2009 and ending September 30, 2010; 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 4:30 p.m., August 24, 2009, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 10th day of August, 2009. Zr---- R.A. Nugent, Vor City of Nederland, Texas ATTEST: al!c^-v-1 e. cl LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ichard D. Hughes, Ciittorney City of Nederland, Texas I 246 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 3:00 p.m. August 10, 2009 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. EXECUTIVE SESSION The special meeting was recessed at 3:01 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - review, deliberate and discuss City Attorney 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 3:40 p.m. by Mayor Nugent. He announced that an interview was conducted with the remaining 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 Ortiz to adjourn the meeting at 3:40 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal,Albanese, and Rogers. Noes: None. R. A. Nugent, 'y or City of Nederla d,Texas ATTEST: LaDonna Floyd, City City of Nederland,Texas 24'7 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member—Ward I ✓ Billy Neal Council Member—Ward ll Don Albanese 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 ✓ George Wheeler Building Official Victoria Klehn Librarian City Manager Assistant to the Cit Mana V' Kelly Galloway 9 Joni Underwood Executive Secretary J/1i.17 R. ug: t, 'or LaDonna Floyd,City Clerk 8 to P°r 4 /u c- Date 248 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 14, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. TAX RATE Chris Duque, City Manager, reviewed various proposed tax rates for the upcoming fiscal year. The effective tax rate for FY 2009-2010 is $.552095 per $100 valuation. He explained that if the effective tax rate were adopted it would not generate sufficient budgeted tax revenues to fund the proposed cost of living adjustment for employees, or maintain current levels of service with anticipation of shortfalls for sales tax and in lieu of agreements. Mr. Duque proposed that the Council consider a proposed tax rate of $.578000 per $100 assessed valuation. Due to the proposed tax rate being above the effective tax rate State statutes require two Public Hearings be conducted and publication of the proposed rate prior to adoption. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to approve the proposed tax rate of$.578 per $100 assessed valuation for the fiscal year beginning October 1, 2009 and ending September 30, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to adopt the tax rate at 4:30 p.m. on September 24, 2009; and, authorize two Public Hearings, one to be held at 4:30 p.m., Monday, August 24, 2009 and the second at 4:30 p.m., Monday, August 31, 2009 to receive questions and/or comments regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 4:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ayor ATTEST: cP LaDonna Floyd, City Clerk 249 CITY OF NEDERLAND ICOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II I/ Don Albanese Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV ✓ Chris Duque City Manager ✓ LaDonna Floyd City Clerk ✓ Jesse Branick City Attorney ✓ Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief ✓/ Steve Hamilton Director of Public Works d/ George Wheeler Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary is R.A. ugen r.yor n t I j ( i LaDonna Floyd,City Clerk Date 250 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 24, 2009 1. MEETING The meeting was called to order at 4:30 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 Albanese and seconded by Councilmember Rogers to approve the minutes of the Special Meeting of August 10, 2009; Regular Meeting of August 10, 2009; and, Special Meeting of August 14, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. RECOGNITION Mayor Nugent presented a plaque to Richard Hughes thanking him for his dedicated service to the City of Nederland as City Attorney. Mr. Hughes thanked the Mayor and Council, as well as former Councilmembers, for their support throughout the years. He added that it was an honor to serve the City. Mr. Hughes stated that the City made an excellent choice in appointing Jesse Branick as the new City Attorney. 4. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the July 2009 library report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. PUBLIC HEARINGS - PROPOSED BUDGET AND TAX RATE The regular meeting was recessed and a Public Hearing was called to order at 4:35 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding the proposed City of Nederland Fiscal Year 2009-2010 Annual Budget. Chris Duque, City Manager, reported that expenditures have increased less than 1/2% from last year's budget. He added that the proposed budget includes three (3) new police cars; increase in water and sewer inspection fees due to increase by TCEQ; sales tax is expected to be lower; and, water and sewer rates may be increased in order to maintain self sufficiency. 251 • Minutes continued, August 24, 2009 There being no questions and/or comments the Public Hearing for the proposed budget was adjourned at 4:38 p.m. by Mayor Nugent. A Public Hearing for the purpose of receiving questions and/or comments regarding the proposed tax rate of $0.578 per $100 valuation for Fiscal Year 2009-2010 was called to order at 4:38 p.m. by Mayor Nugent. Chris Duque, 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 August 315`. Mayor Nugent stated that the tax rate will be voted on at the September 14, 2009 meeting at 4:30 p.m. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:40 p.m. by Mayor Nugent. 6. CITY SERVICES Chris Duque, City Manager, stated that annually the City Council authorizes the utilization of Nederland Police Department staff and vehicles to escort NISD buses to away football games, as well as other NISD-sponsored events with the approval of the Chief of Police. Chief of Police Bush has requested a modification to past practices. Chief Bush requests that the Council approve the use of Nederland Police Department vehicles to escort NISD buses to not only out of town football games but also to other NISD events as requested on a continuing basis. If the Council decided that they no longer wanted to permit this practice, the Council could take action to rescind approval. A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese 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 Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $12,168.35, Concrete Street Rehabilitation project; $4,896.25, Sewer Rehabilitation Project; and, $4,859.00, Beauxart Garden Road. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve payments to Brystar Contracting, Inc. as follows: $103,418.43, Sterling Ridge Subdivision Drainage Connection Project; and, $261,634.75, Beauxart Garden Road Improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 25> Minutes continued, August 24, 2009 8. TAX COLLECTOR REPORT A motion was made by Councilmember Albanese and seconded by Mayor Nugent to accept the July 2009 Tax Collector Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. TAXES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to authorize the waiver of penalty and interest on Tax Account Numbers 049401- 014210; 049401-14210; and, 049401-014215 as requested by the Jefferson County Tax Office. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. ORDINANCE A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve Ordinance No. 2009-14, Storm Water Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. COMMUNICATION City Manager Report: a. Doornbos Park Swimming Pool - Parks Advisory Board will meet at noon on August 25th to receive preliminary designs for the pool repairs. He added that he will send a detailed report to Council later in the week. b. Cell Phone in School Zone Law - In order to enforce the recently enacted State statute of no cell phone use in school zones, signs informing drivers of the enforcement must be installed in each school zone. Mr. Duque announced that signs have been ordered. The effective date of the State statute is September 1, 2009. 12. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Mayor Nugent to adjourn the meeting at 5:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent ayor ATTEST: l Cti j cr'v,v, o/ LaDonna Floyd, City Clerk 253 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II ✓ Don Albanese Council Member-Ward III Bert Rogers Council Member-Ward IV Chris Duque City Manager LaDonna Floyd City Clerk Jesse Branick City Attorney ✓ Cheryl Dowden Director of Finance I� Darrell Bush Police Chief ✓ Gary Collins Fire Chief r/ Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary ✓ La !/LPL R.A.Nugent,Mat' LaDonna Floyd,City Clerk kc,9 Date • 25 MIRIAM K.JOHNSON 5 �'q4�1�` SUSIE JAMES TAX ASSESSOR-COLLECTOR .� p\ /� -;,p. CHIEF DEPUTY TEXA$ 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$102,775.02, represents all taxes collected for CITY OF NEDERLAND during the month of July 2009. I Miriam K. J nson JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-21 12 PHONE:(409)835-8516•FAX:(409)835-8589 25, SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 31, 2009 1. MEETING The special meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. PUBLIC HEARING The special meeting was recessed and a Public Hearing was called to order at 4:32 by Mayor Nugent for the purpose of receiving questions and/or comments regarding the proposed tax rate of $0.578 per $100 assessed valuation for Fiscal Year 2009- 2010. Chris Duque, 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 second of the two required Public Hearings. Mayor Nugent stated that the tax rate will be voted on at the September 14, 2009 meeting at 4:30 p.m. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:33 p.m. by Mayor Nugent. 3. BIDS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to award bids received for the Concrete Street Rehabilitation project to Allco, L.L.C., Beaumont, TX, in the amount of $265,120.30, which encompasses the Base Bid (27th Street between Nederland Avenue and Avenue H) and Alternate No. 1 (27th Street between Avenue H and 365). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. CONTRACTS/AGREEMENTS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve a Multi-Jurisdictional Mutual Aid Agreement between the Cities of Nederland, Port Neches, Groves and, Mineola, Texas for the benefits of mutual aid and protection of life and property in the event of a disaster and/or civil emergency. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 2 Minutes continued, August 31, 2009 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve Change Order No. 1 in the amount of +$16,905.00 with Brystar Contracting, Inc., Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. DEVELOPMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve the final plat for Sterling Ridge Subdivision, Phase I, as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Abstain: Councilmember Albanese. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve the final plat for the Sterling Ridge Commercial Subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to adjourn the meeting at 4:52 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 Art R. A. 'ugen Mayor City of Ned gland, Texas ATTEST: v, "� of LaDonna Floyd, City Clerk City of Nederland, Texas 257 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET r NAME TITLE PRESENT ABSENT R.A.Nugent Mayor ,/ Jeff Ortiz Council Member-Ward I IV Billy Neal Council Member-Ward II Don Albanese Council Member-Ward III V Bert Rogers Council Member-Ward IV r/ Chris Duque City Manager LaDonna Floyd City Clerk ,/ Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works i/ George Wheeler Building Official V Victoria Klehn Librarian f/ Kelly Galloway Assistant to the City Manager 17 Joni Underwood Executive Secretary r/ R. agent;Mr � ' LaDonna Floyd,City Clerk Date 258 MULTI-JURISDICTIONAL MUTUAL AID AGREEMENT BETWEEN MINEOLA,TEXAS AND THE CITIES OF NEDERLAND,PORT NECHES,AND GROVES,TEXAS WHEREAS,Chapter 751 of the Texas Government Code authorizes agreements between political subdivisions of the state in order to more efficiently provide services to the citizens of the State of Texas,and; WHEREAS, Local government authorities have a responsibility to act in time of emergency as provided by Chapter 418 of the Government Code also known as the Texas Disaster Act of 1975 for the purpose expressed in 418.002 of the act,and; WHEREAS,The City of Mineola a political subdivision of the State of Texas and the Cities of Groves,Nederland,and Port Neches political subdivisions of the State of Texas desire to mutually cooperate to aid one another in time of emergency,and; WHEREAS, The Parties recognize the vulnerability of the people and communities located within the City to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recognize that disasters and/or civil emergencies may present equipment,manpower and sheltering requirements beyond the capacity of each individual Party,and; WHEREAS, The Parties recognize that,in the past,mutual aid has been provided between or among the Parties in the form of personnel,supplies and equipment necessary to shelter citizens during disasters and/or civil emergencies as well as during cleanup periods,and; WHEREAS, The governing officials of the Parties desire to secure for each Party the benefits of mutual aid and protection of life and property in the event of a disaster and/or civil emergency,and; WHEREAS,This Mutual Aid Agreement("Agreement")is entered into by and between the city of MINEOLA and the cities of NEDERLAND,PORT NECHES,GROVES(hereinafter, the"City") NOW,THEREFORE,the Parties agree as follows: Page 1 of 8 Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 259 TERMS 1. DEFINITIONS. For purposes of this Agreement,the terms listed below will have the following meanings: (a)"Civil emergency"means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. (b) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury,or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination,volcanic activity,epidemic,air contamination,blight,drought,infestation, explosion, riot, hostile military or paramilitary action,energy emergency(as that term is defined in Chapter 418 of the Texas Government Code),acts of terrorism,and other public calamity requiring emergency action. (c) "Local government" means a county, municipality, special district, or any corporate/political entity organized under state law,of Texas or a state that borders Texas. 111 (d) "Mutual aid" includes, but is not limited to, such resources as equipment, supplies,sheltering facilities and personnel. (e) "Political subdivision"means county or incorporated city. 2. Party's Emergency Management Plan. Each Party shall prepare and keep current an emergency management plan for its jurisdiction to provide for emergency/disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas Government Code. The emergency management plan shall incorporate the use of available resources,including personnel,equipment and supplies,necessary to provide mutual aid. The emergency management plan shall be submitted to the Governor's Division of Emergency Management. 3. Emergency Management Director. The Mayor of each city participating in this Agreement shall each serve as the Emergency Management Director for his/her respective jurisdiction and shall take all steps necessary for the implementation of this Agreement. Each Emergency Management Director may designate an Emergency Management Coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes. 4. Activation of Agreement. This Agreement shall be activated in the event of either: (a)a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Page 2 of 8 Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 260 Government Code;or(b)the finding of a state of civil emergency by the presiding officer of the governing body of a Party. The activation of the Agreement shall continue whether or not the local disaster declaration or state of civil emergency is still active,until the services of the Party rendering aid are no longer required or when the officer in charge of the forces of the Party rendering determines,in his sole discretion,that further assistance should not be provided. 5. Request for Mutual Aid. (A) Local Disaster. In the event of a local disaster declaration, the Emergency Management Director or the designated Emergency Management Coordinator of a Party seeking mutual aid from another Party shall request such aid through the City, pursuant to Section 8 of this Agreement. A Party from whom mutual aid is sought shall furnish mutual aid to cope with the disaster to the requesting Party,subject to the terms of this Agreement. (B)Civil Emergency. If the presiding officer of the governing body of a Party is of the opinion that a state of civil emergency exists that requires assistance from another Party,the presiding officer of the Party requesting mutual aid shall make the request directly to the Party from which assistance is sought. Before the emergency assistance is provided,the governing body of the Party whose assistance has been requested shall authorize such assistance by resolution or other official action, in accordance with Chapter 791 of the Texas Government Code. In the event of a widespread civil emergency affecting more than one Party hereto,the Mayors of the affected Cities shall coordinate the call-up and assignment of resources to the affected area,pursuant to Section 8 of this Agreement. 6. Conditions. Any furnishing of resources under this Agreement is subject to the following conditions: (a) A request for aid shall specify the approximate number of persons to be sheltered,the mode of transportation being used and estimated arrival times. (b) The Party rendering aid shall take such action as is necessary to provide and make available the resources requested, provided however, that the Party rendering aid, in its sole discretion, shall determine what resources are available to furnish the requested aid. 7. Coordinating Agency for Mutual Aid. The Cities collectively shall act as the coordinating agency for mutual aid responses to disasters and to civil emergencies that affect more than one Party hereto. As part of its duties as coordinating agency,the City shall maintain a current listing of all Parties to this Agreement. Such listing shall include personnel to be contacted in each city,appropriate telephone and facsimile numbers,and Page 3 of 8 I Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 261 other information that would be needed in order to contact each Party in the event of a disaster or civil emergency. 8. Waiver of Claims Against Parties;Immunity Retained. Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury,or death occurring as a consequence of the performance of this Agreement,except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers,employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. 9. Costs. All costs associated with the provision of mutual aid, such as damage to equipment and clothing,medical expenses,and expenses of travel,food,and lodging,shall be paid by the Party rendering aid and reimbursed by application through the Texas Department of Emergency Management and FEMA. Personnel who are assigned, designated or ordered by their governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits,disability payments, and worker's compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. 10. Equipment and Personnel. During the time mutual aid is being furnished, all equipment used by the Party rendering aid shall continue to be owned,leased,or rented by the Party rendering aid. At all times while equipment and personnel of a Party rendering aid are traveling to,from,or within the geographical limits of the requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used,as the case may be,in the full line and cause of duty of the Party rendering aid. In addition,such personnel shall be deemed to be engaged in a governmental function of their entity. 11. Expending Funds. Each Party which performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. 12. Termination. It is agreed that any Party hereto shall have the right to terminate its participation in this Agreement upon ninety(90)days written notice to the other Parties hereto. 13. Term. This Agreement shall become effective as to each Party when approved and executed by that Party. This Agreement shall automatically renew each year on this documents execution date and continue in force and remain binding on each and every Party until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 12 of this Agreement. Termination of participation in this Agreement by a Party(ies)shall not affect the continued operation of this Agreement between Page 4 of 8 Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 262 and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 14. Entirety. This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein,except as provided in Section 17 below. 15. Other Mutual Aid Agreements. Notwithstanding Section 15,it is understood and agreed that certain signatory Parties may have heretofore contracted or may hereafter contract with each other for mutual aid in civil emergency and/or disaster situations,and it is agreed that this Agreement shall be subordinate to any such individual contract. To assist each other in the process of mutual aid response planning,each Party agrees to inform the other Parties of all mutual aid agreements that each Party has with other municipalities,entities,counties, and state or federal agencies. Specifically,the existence of this Agreement shall not prevent a municipality,county, organized volunteer group,or other emergency services entity from providing mutual aid assistance on request from another municipality,county,organized volunteer group,or other emergency services entity,in accordance with the provisions in Section 418.109(d)of the Texas Government Code. Additionally,the existence of this Agreement shall not prevent any Local Government which is a Party hereto from providing emergency assistance to another Local Government which is not a party hereto,in accordance with the provisions in Section 791.027 of the Texas Government Code. 16. Interlocal Cooperation Act. The Parties agree that mutual aid in the context contemplated herein is a"governmental function and service"and that the Parties are"local governments"as that term is defined herein and in the Interlocal Cooperation Act. 17. Severability. If a provision contained in this Agreement is held invalid for any reason,the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision,and to this end the provisions of this Agreement are severable. Page 5 of 8 , Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 263 18. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement,then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified,this Agreement shall continue in full force and effect. 19. Amendment. This Agreement may be amended only by the mutual written consent of the Parties. 20. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create,nor shall be deemed or construed to create, any rights in third parties. 21. Warranty. The Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 22. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas.Venue for an action arising under this Agreement shall lie exclusively in the County and or City to which this Agreement pertains. 23. Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, on multiple counterparts each of which shall be deemed to be an original,on the date specified on the multiple counterpart executed by such entity. **The Rest of this Page is Intentionally Left Blank** Page 6 of 8 Multi jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas s . a . a i s! 264 City of Mineola,Texas Mayor ATTEST: City Secretary APPROVED TO FORM: City Attorney APPROVED FOR ADMINISTRATION City Manager Date City of Nederland,Texas Mayor ATTEST: '4 y. MD. !.� City Secretary APPROVED TO FORM: City Attorney APPROVED FOR ADMINISTRATION City Manager Date Page 7 of 8 Multi-jurisdictional Mutual Aid Agreement Between Mineola,Texas and Nederland,Port Neches,&Groves,Texas 265 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 14, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve the minutes of the regular meeting of August 24, 2009 and the special meeting of August 31, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. PRESENTATION Wanda Hollier on behalf of the Nederland Heritage Festival presented a check in the amount of $2,000 to Victoria Klehn, Library Director, for the Marion & Ed Hughes Public Library for the "Every Child Ready to Read" project. Ms. Klehn thanked the Heritage Festival for their generosity. Mrs. Hollier also presented a check in the amount of$2,000 to Angela Fanette, Parks and Recreation Supervisor, to be used for funding the removal of the wooden flower boxes and insert hearty flowering plants along the fence line at Tex Ritter Park. Mrs. Fanette thanked the Nederland Heritage Festival for the donation. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to accept the donations of $2,000 each to the Marion & Ed Hughes Public Library and the Parks and Recreation Department from the Nederland Heritage Festival. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the August 2009 Departmental Monthly Reports as submitted. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. . _ . _ L 26 rD Minutes continued, September 14, 2009 5. BUDGET A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve Ordinance No. 2009-15, an appropriation ordinance adopting a budget in accordance with Article VII of the City Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. TAX RATE A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to set the maintenance and operation portion of the property tax rate at $0.360319 for FY 2009-2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Neal to set the interest and sinking fund portion of the property tax rate at $0.217681 for FY 2009-2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2009-16, adopting the tax rate for fiscal year beginning October 1, 2009 and ending September 30, 2010, and move that the 9I property tax rate be increased by the adoption of a tax rate of $0.578000 which is effectively a 4.69 percent increase in the tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to ratify the property tax revenue increase reflected in the budget adopted for FY 2009-2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. REQUEST A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Neal to approve a request from Sabine Pass High School to utilize the Nederland Recreation Center gym for basketball practice for the boy's basketball team and to waive rental fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve a request from Brian English to utilize the Nederland Recreation Center gym for a high school select team and to waive rental fees. MOTION CARRIED. j Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 267 Minutes continued, September 14, 2009 8. PAYMENTS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve the payment of the bills for the month of August 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to postpone final payment to DRC, Hurricane Ike debris removal. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Carroll & Blackman, Inc. in the amount of $1,925.83, Phase II MS4 Permit Implementation Services (Year 2) June 20 - August 2, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. FINANCIALS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to accept the Tax Collector Report for August 2009 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2009-17, amending the FY 2008-2009 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to authorize the closure of various streets that run alongside the Bulldog Stadium on November 21, 2009 from 8:00 a.m. until 11:00 a.m. for the First Baptist Church's Harvest Run. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. AGREEMENTS/CONTRACTS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve a Memorandum of Understanding with Promise Hospital of Southeast Texas, Inc. in regards to the usage of their hospital facilities for special needs patients during evacuations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ;9 26 Minutes continued, September 14, 2009 12. POLICIES/PROCEDURES Chris Duque, City Manager, presented proposed changes to the Personnel Policy. Mayor Pro Tern Neal suggested that a Work Session be conducted in order to further 3 explain the proposed changes to Council. A motion was made by Councilmember Ortiz and seconded by Mayor Nugent to table approving revisions to the Personnel Policy until a Work Session can be conducted and feedback received from Council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 13. COMMUNICATION City Manager Report: a. Update on Beauxart Garden Road and Canal Ave. Water Tower projects - It was reported that utility poles are being relocated on Beauxart Garden Road. During the project it will be necessary to close the road to all traffic for a short period of time. The contractor will work with the businesses during that time in order to avoid disruption of their services. The contractor for the Canal Avenue water tower project is coordinating their work with the neighbors and car dealership to prevent any potential overspray during the painting process. b. Solid Waste schedule 4-10 hour workweek - Mr. Duque reported that since the implementation of the 4 day work week there has been a decrease of$3,531.43 in overtime costs when compared to the same period last year. He added that there have been no complaints from citizens and staff appears to be happy with the new schedule. 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 5:11 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, tiea yor City of Nederland,Texas ATTEST: � r LaDonna Floyd, City Clerk City of Nederland, Texas 269 CITY OF NEDERLAND ICOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor L/ Jeff Ortiz Council Member—Ward I Billy Neal Council Member—Ward II ' Don Albanese Council Member—Ward III ✓ Bert Rogers Council Member—Ward IV Chris Duque City Manager / LaDonna Floyd City Clerk f/ Jesse Branick City Attorney V Cheryl Dowden Director of Finance ✓ IDarrell Bush Police Chief i/ Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official ✓ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager L,/- Joni Underwood Executive Secretary ✓ R.A.Nugent, 1.yor rl ' a.u.c. 1 c,A/,--{ LaDonna Floyd,City Clerk C/, tq c Date 270 CITY OF NEDERLAND ORDINANCE NO.2009-15 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, 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 I,2009 and ending September 30,2010. 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 August 24, 2009, after notice was published as prescribed by the Statutes of the State of Texas,said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: Section 1 -GENERAL FUND.That there be and is hereby appropriated the sum of Eight million,two hundred thirty-five thousand dollars and no cents($8,235,000.00)to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a.City Council $ 13,600 b.Legal 64,415 c.City Manager 359,330 d.Finance 253,828 e.Personnel 186,012 f.Civil Service 5,050 g.City Hall 63,286 h.Police 2,756,821 i.Police-Prisoner Extra Help 42,176 j.Emergency Management 92,649 k.Fire 1,390,609 1.Fire Volunteers 16,458 m.Inspections 200,903 n.Public Works Administration 257,716 o.Street Department 929,648 p.City Shop 153,116 q.Parks&Recreation 434,124 r.Library 399,523 s.Other Requirements 615,736 Section 2-DEBT SERVICE FUND.That there be and is hereby appropriated the sum of Two million,four hundred forty-five thousand,two hundred sixty-six dollars and no cents ($2,445,266.00) 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,seventy-nine thousand,five hundred dollars and no cents($4,079,500.00)to the Water&Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 271 a.Water Treatment $1,193,784 b.Billing/Collections 316,848 c.Wastewater Treatment 813,849 d.Water&Sewer Distribution 930,243 Se.Other Requirements 824,776 Section 4—SANITARY SEWER EVALUATION FUND(SSES).That there be and is hereby appropriated the sum of Thirty thousand dollars and no cents($30,000.00)to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 5-SOLID WASTE FUND.That there be and is hereby appropriated the sum of One million,two hundred ninety-two thousand,five hundred dollars and no cents($1,292,500.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6-EQUIPMENT REPLACEMENT FUND-GENERAL.That there be and is hereby appropriated the sum of One hundred sixteen thousand dollars and no cents($116,000.00)to the Equipment Replacement Fund-General for the payment of necessary capital outlay. Section 7-EQUIPMENT REPLACEMENT FUND-WATER&SEWER.That there be and is hereby allocated the sum of Fifty-five thousand dollars and no cents($55,000.00)to the Equipment Replacement Fund-Water&Sewer for the payment of necessary capital outlay. Section 8-EQUIPMENT REPLACEMENT FUND-SOLID WASTE.That there be and is hereby allocated the sum of One hundred fifty thousand,two hundred dollars and no cents ($150,200.00) 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 Thirteen thousand,five hundred dollars and no cents($13,500.00)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 Twenty-three thousand dollars and no cents($23,000.00)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 Sixty thousand dollars and no cents($60,000.00)to the Hotel/Motel Fund for the payment of operating expenses. Section 12 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Five hundred dollars and no cents ($500.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 13—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 14—STREET IMPROVEMENT FUND.That there be and is hereby appropriated the sum of Six hundred thousand dollars and no cents ($600,000.00) to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 15 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of One million,nine hundred forty-seven thousand,four hundred and eight dollars and no cents ($1,947,408.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. Section 16-MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND.That there be and is hereby appropriated the sum of Seven hundred eighty-nine thousand,nine hundred and one dollars and no cents($789,901.00)to the Mid-County Municipal League Dispatching Fund for the payment of operating expenses and necessary capital outlay. 2 7 9 THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1,2009 and ending September 30,2010. 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, 2009, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,2009 and ending September 30,2010,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 THIS THE l4TH DAY OF SEPTEMBER,2009. R.A.Nugent, yor City of Nederl d,Texas A!�TTTTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: A "i Jesse Brani• ,City Attorney Ci of Ne.-rland,Texas 273 ORDINANCE NO.2009-16 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2009, 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 2009,was fixed by Roland R.Bieber,Chief Appraiser of Jefferson County Appraisal District,at a total value of $1,006,574,930;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 EFFECTIVELY BE RAISED BY 7.24 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$8.59;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$1,006,574,930,shall become the tax assessment rolls of the City of Nederland for the year 2009,less all exemptions provided by either State Law or City ordinance in the amount of$88,839,010. SECTION 2:-That there is hereby levied for the current year,2009,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 30,2010 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),36.0319 cents on each one hundred dollars($100)valuation of property;and (b) For the Interest&Sinking Fund,21.7681 cents on each one hundred dollars($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred twenty thousand,four hundred twenty dollars($420,420.00)on the Certificates of Obligation,Series 1996, 4.61704 cents on each one hundred dollars($100)valuation of property. I 274 For the purpose of paying interest and principal of Five hundred thirty-eight thousand, five hundred fifty-five dollars($538,555.00)on the Certificates of Obligation,Series 1998,5.91439 cents on each one hundred dollars($100)valuation of property. For the purpose of paying interest and principal of One hundred twelve thousand,sixty- five dollars($112,065.00)on the Certificates of Obligation,Series 1999,1.23069 cents on each one hundred dollars($100)valuation of property. For the purpose of paying interest and principal of Five hundred sixty-four thousand, two hundred fifty-three dollars and seventy-six cents($564,253.76)on the Certificates of Obligation,Series 2002,6.19661 cents on each one hundred dollars($100)valuation of property. For the purpose of paying interest and principal of Three hundred forty-six thousand, eight hundred seventy-five dollars($346,875.00)on the General Obligation Bonds, Series 2008,3.80937 cents on each one hundred dollars($100)valuation of property. SECTION 3:-The Jefferson County Tax Assessor-Collector(who,pursuant to contract,is the Tax Assessor-Collector for the City of Nederland)is hereby directed to prepare Tax Statements and proceed with the collections of the 2009 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 14th DAY OF SEPTEMBER,2009. R.A.Nuugeni Mayor City of Nederland,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPR E,1 • 'TO FORM AND LEGALITY: J.sse B . ick,City Attorney 1 ity of∎ederland,Texas 275 ORDINANCE NO.2009-17 AN ORDINANCE AMENDING THE FISCAL YEAR 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 Fiscal Year 2008-09 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 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; WHEREAS,the City Council finds that the budget for 2008-09 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 2008-09 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment"A"and Attachment`B." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 14th DAY OF SEPTEMBER,A.D., 2009. 1 270 R.A.Nugent, yor City of Neder d,Texas ATTEST: 0a, EGrJ LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Je- a Br. ,City Attorney •ty of derland,Texas 1 1 2 277 IBUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2008 in the amount of$115,752 and increase(decrease)line items as detailed below: Change to Net Account Original Budget Department Number Account Description Budget Change City Council 01-11-00-6128 Worker's Compensation (100) City Council 01-11-00-6210 General Office Supplies (22) City Council 01-11-00-6331 Telephone (50) City Council 01-11-00-6333 Training&Travel (170) (342) Legal 01-12-00-6128 Worker's Compensation (180) Legal 01-12-00-6212 Books&Publications (865) Legal 01-12-00-6313 Legal Services (6,000) Legal 01-12-00-6333 Training&Travel (575) Legal 01-12-00-6374 City Judge (750) (8,370) City Manager 01-13-00-6110 Salaries&Wages (24,395) City Manager 01-13-00-6212 Books&Publications (200) City Manager 01-13-00-6332 Postage&Freight (100) City Manager 01-13-00-6341 Insurance-General (152) (24,847) Finance 01-15-00-6393 Contractual Services 3,276 I Finance 01-15-00-6212 Books&Publications (200) Finance 01-15-00-6332 Postage&Freight (600) (1,695) Finance 01-15-00-6333 Training&Travel Finance 01-15-00-6341 Insurance-General (77) Finance 01-15-00-6355 Vehicles&Equipment R&M (200) 504 Personnel 01-16-00-6110 Salaries&Wages (7,156) Personnel 01-16-00-6210 General Office Supplies 822 Personnel 01-16-00-6236 Foods 285 Personnel 01-16-00-6314 Medical Svcs&Pre-Employement 1,775 Personnel 01-16-00-6347 Unemployment Reimbursement 3,672 Personnel 01-16-00-6377 Dues and Memberships 52 Personnel 01-16-00-6393 Contractual Services 550 Personnel 01-16-00-6312 Consultant Services (1,500) Personnel 01-16-00-6332 Postage&Freight (37) Personnel 01-16-00-6333 Training&Travel (1,269) Personnel 01-16-00-6341 Insurance-General (76) Personnel 01-16-00-6355 Vehicle&Equipment R&M (810) (3,692) Civil Service 01-16-01-6210 General Office Supplies (700) Civil Service 01-16-01-6212 Books&Publications (50) Civil Service 01-16-01-6312 Consultant Services (300) Civil Service 01-16-01-6314 Medical Svcs and Pre-Employ (1,200) Civil Service 01-16-01-6317 Reimbursement (270) Civil Service 01-16-01-6332 Postage&Freight (41) Civil Service 01-16-01-6333 Training&Travel (1,544) Civil Service 01-16-01-6337 Advertising/Publications (55) Civil Service 01-16-01-6338 Printing&Binding (50) Civil Service 01-16-01-6377 Dues and Memberships (250) (4,460) 1 3 278 City Hall 01-19-00-6220 Miscellaneous Supplies (300) I City Hall 01-19-00-6236 Foods (250) City Hall 01-19-00-6331 Telephone (200) City Hall 01-19-00-6348 Electricity (361) City Hall 01-19-00-6349 Natural Gas (1,500) City Hall 01-19-00-6350 Bldg/Structure Improvements (6,000) City Hall 01-19-00-6351 Fixed Plant&Equipment R&M (3,500) City Hall 01-19-00-6366 Rental Equipment (2,000) (14,11 I) Police Department 01-21-00-6111 Overtime 125,242 Police Department 01-21-00-6212 Books&Publications (200) Police Department 01-21-00-6220 Miscellaneous Supplies (1,500) Police Department 01-21-00-6222 Motor Vehicle Fuel (20,000) Police Department 01-21-00-6265 Supplies/Minor Tools&Equipment (200) Police Department 01-21-00-6274 Safety Equipment (500) Police Department 01-21-00-6333 Training&Travel 2,000 Police Department 01-21-00-6341 Insuance-General 164 Police Department 01-21-00-6343 Insurance Motor Equipment 37 Police Department 01-21-00-6355 Vehicle Equipment R&M 12,300 Police Department 01-21-00-6377 Dues&Memberships 154 Police Department 01-21-00-6384 Prisoner Costs 200 Police Department 01-21-00-6391 Support of Animal Shelter 14,000 Police Department 01-21-00-6393 Contractual Services (500) Police Department 01-21-00-6400 Special Programs 1,814 133,011 Prisoners 01-21-01-6115 Extra Help (3,100) Prisoners 01-21-01-6126 Social Security (236) Prisoners 01-21-01-6128 Worker's Compensation Insurance (161) Prisoners 01-21-01-6222 Motor Vehicle Fuel (5,100) I Prisoners 01-21-01-6236 Foods (100) Prisoners 01-21-01-6265 Supplies/Minor Tools&Equipment (1,100) Prisoners 01-21-01-6343 Insurance Motor Equipment (12) Prisoners 01-21-01-6355 Vechicle&Equipment R&M 1,900 Prisoners 01-21-01-6115 Extra Help (1,900) (9,809) Emergency Management 01-21-02-6333 Training&Travel (400) Emergency Management 01-21-02-6341 Insurance-General (410) Emergency Management 01-21-02-6393 Contractual Services (1,100) (1,910) Fire Department 01-22-00-6110 Salaries&Wages 197 Fire Department 01-22-00-6111 Overtime 25,000 Fire Department 01-22-00-6128 Worker's Compensation Insurance (1,692) Fire Department 01-22-00-6222 Motor Vehicle Fuel (900) Fire Department 01-22-00-6236 Foods 2,100 Fire Department 01-22-00-6332 Postage&Freight (100) Fire Department 01-22-00-6333 Training&Travel 12,286 Fire Department 01-22-00-6341 Insurance-General (541) Fire Department 01-22-00-6343 Insurance Motor Equipment (690) Fire Department 01-22-00-6348 Electricity (500) Fire Department 01-22-00-6349 Natural Gas 500 Fire Department 01-22-00-6350 Bldg/Structure Improvements 31,000 Fire Department 01-22-00-6351 Fixed Plant&Equipment R&M 100 Fire Department 01-22-00-6355 Vehcile&Equipment R&M (1,600) Fire Department 01-22-00-6393 Contractual Services 1,000 66,160 Fire Department Volunteers I Volunteers 01-22-01-6128 Worker's Compensation Insurance (400) Fire Department Volunteers 01-22-01-6385 Volunteer Promotional Services (300) (700) 4 279 IInspections 01-24-00-6110 Salaries&Wages 1 1,226 Inspections 01-24-00-6393 Contraction Services (11,000) Inspections 01-24-00-6111 Overtime (226) Inspections 01-24-00-6210 General Office Supplies (200) Inspections 01-24-00-6212 Books&Publications (240) Inspections 01-24-00-6222 Motor Vehicle Fuel (200) Inspections 01-24-00-6258 Motor Vehicle Supplies (150) Inspections 01-24-00-6270 Equipment Maint&Repair (200) Inspections 01-24-00-6317 Reimbursement (1,400) Inspections 01-24-00-6332 Postage&Freight (25) Inspections 01-24-00-6333 Training&Travel (3,450) Inspections 01-24-00-6341 Insurance-General (77) Inspections 01-24-00-6343 Insurance Motor Equipment (48) Inspections 01-24-00-6377 Dues and Memberships (69) (6,059) Public Works Admin 01-30-00-6349 Natural Gas 200 Public Works Admin 01-30-00-6351 Fixed Plant&Equipment R&M 3,025 Public Works Admin 01-30-00-6393 Contractual Services 11,600 Public Works Admin 01-30-00-6210 General Office Supplies (500) Public Works Admin 01-30-00-6212 Books&Publications (500) Public Works Admin 01-30-00-6331 Telephone (1,800) Public Works Admin 01-30-00-6333 Training&Travel (1,200) Public Works Admin 01-30-00-6341 Insurance-General (80) Public Works Admin 01-30-00-6377 Dues&Memberships (380) 10,365 Street Department 01-31-00-6128 Worker's Compensation Insurance (2,532) I Street Department 01-31-00-6222 Motor Vehicle Fuel (14,000) Street Department 01-31-00-6231 Wearing Apparel Street Department 01-31-00-6256 Chemicals&Insecticides (1,000) Street Department 01-31-00-6258 Motor Vehicle Supplies (5,000) Street Department 01-31-00-6333 Training&Travel (1,200) Street Department 01-31-00-6343 Insurance Motor Equipment 651 Street Department 01-31-00-6341 Insurance-General 123 Street Department 01-31-00-6354 Traffic Lights (2,000) Street Department 01-31-00-6355 Vehicle&Equipment R&M (500) (25,258) City Shop 01-32-00-6111 Overtime (1,000) City Shop 01-32-00-6128 Worker's Compensation Insurance (240) City Shop 01-32-00-6212 Books&Publications (500) City Shop 01-32-00-6220 Miscellaneous Supplies (1,350) City Shop 01-32-00-6222 Motor Vehicle Fuel (200) City Shop 01-32-00-6231 Wearing Apparel 50 City Shop 01-32-00-6258 Motor Vehicle Supplies (100) City Shop 01-32-00-6333 Training&Travel (750) City Shop 01-32-00-6341 Insurance-General (80) City Shop 01-32-00-6343 Insurance Motor Equipment (60) (4,230) Parks&Recreation 01-51-00-6110 Salaries&Wages (30,272) Parks&Recreation 01-51-00-6111 Overtime 2,000 Parks&Recreation 01-51-00-6115 Extra Help (5,000) Parks&Recreation 01-51-00-6222 Motor Vehicle Fuel (700) Parks&Recreation 01-51-00-6231 Wearing Apparel (500) Parks&Recreation 01-51-00-6236 Foods (2,000) U Parks&Recreation 01-51-00-6270 Equipment Maint&Repair (500) Parks&Recreation 01-51-00-6274 Safety Equipment (250) Parks&Recreation 01-51-00-6332 Postage&Freight (100) 5 280 Parks&Recreation 01-51-00-6333 Training&Travel (284) I Parks&Recreation 01-51-00-6341 Insurance-General 2,066 Parks&Recreation 01-51-00-6343 Insurance Motor Equipment (7) Parks&Recreation 01-51-00-6348 Electricity (6,000) Parks&Recreation 01-51-00-6350 Bldg/Structure Improvements 93,350 Parks&Recreation 01-51-00-6351 Fixed Plant&Equipment R&M 391 Parks&Recreation 01-51-00-6366 Rental Equipment (2,000) Parks&Recreation 01-51-00-6377 Dues&Memberships (425) Parks&Recreation 01-51-00-6380 Janitorial Services (2,894) Parks&Recreation 01-51-00-6392 Fees for Officiating (1,000) Parks&Recreation 01-51-00-6393 Contractual Services (12,000) 33,875 Library 01-55-00-6111 Overtime (250) Library 01-55-00-6115 Extra Help (1,000) Library 01-55-00-6348 Electricity (552) Library 01-55-00-6333 Training&Travel (1,485) (3,287) Other Requirements 01-90-00-6315 Computer System (17,000) Other Requirements 01-90-00-6326 Retiree Insurance (1,088) Other Requirements 01-90-00-6400 Special Programs (3,000) (21,088) Net Fund Balance Appropriation S115,752 1 6 281 BUDGET ORDINANCE AMENDMENT—ATTACHMENT B GENERAL FUND Amend as follows: Increase 01-00-00-4700 Miscellaneous Revenue $ 11,000 Increase 01-22-00-6265 Supplies/Minor Tools&Equipment 6,500 Increase 01-22-00-6333 Training&Travel 4,500 Funds were received from Chevron Products Company for Fire Department rescue equipment and training. Increase 01-00-00-4700 Miscellaneous Revenue $ 5,800 Increase 01-22-00-6265 Supplies/Minor Tools&Equipment 5,800 Funds were received from Nederland Volunteer Fire Department to provide funds for Fire Department radios upgrade. Increase 01-00-00-4700 Miscellaneous Revenue $ 730 Increase 01-22-00-6333 Training&Travel 730 Funds were received from Texas Comptroller Peace Officer Allocation for Fire Department training. I 7 282 SON pad MIRIAM K.JOHNSON 'ii" ') SUSIE JAMES TAX ASSESSOR-COLLECTOR ( �; .'7 *, CHIEF DEPUTY '* TEXA"� STATE OF TEXAS COUNTY OF JEFFERSON 1, 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 531,738.56,represents all taxes collected for CITY OF NEDERLAND during the month of August 2009. 1 Miriam K.J on 1 JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112•BEAUMONT,TEXAS 77704-2112 PHONE:(409)835-8516•FAX:(409)835-8589 283 MULTI-JURISDICTIONAL MEMORANDUM OF UNDERSTANDING BETWEEN NEDERLAND,PORT NECHES,AND GROVES AND PROMISE HOSPITAL OF SOUTHEAST TEXAS,INC WHEREAS, This Memorandum of Understanding is entered into by and between the cities of Nederland,Port Neches,and Groves with Promise Hospital of Southeast Texas, Inc. for use of Promise Hospital of Southeast Texas, Inc. facilities and grounds in the event of a disaster declaration, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act(Public Law 93-288)as amended, resulting in an evacuation and; WHEREAS,Promise Hospital of Southeast Texas,Inc. grounds and facilities would be utilized for processing and staging Special Needs citizens for transport to designated Special Needs shelters which are located out of the surge zone and; WHEREAS, Promise Hospital of Southeast Texas, Inc. grounds and facilities would also be utilized for staging and processing Special Needs citizens upon return into the area once conditions are determined to be safe. THEREFORE,all parties agree as follows; 1. Promise Hospital of Southeast Texas, Inc. Administration agrees to authorize the Cities of Nederland, Port Neches, and Groves Emergency Management personnel to occupy and use certain designated portions of said facility located at 2600 Hwy 365 for emergency evacuations of Special Needs citizens. 2. The cities of Nederland, Port Neches, and Groves agree to provide personnel for the processing and care of Special Needs citizens while staged at Promise Hospital of Southeast Texas,Inc. 3. The cities of Nederland, Port Neches, and Groves agree to provide security personnel while utilizing the Promise Hospital of Southeast Texas,Inc.facility. 4. The cities of Nederland, Port Neches, and Groves agree to replace, fix, or repair any damages to the grounds, equipment, or facilities for which the three cities are responsible. Accepted this day of ,2009. Gary Collins,City of Nederland Gayla Quillin Emergency Management Coordinator Promise Hospital Administrator I Stephen L.Curran,City of Port Neches Dale Jackson,City of Groves Emergency Management Coordinator Emergency Management Coordinator 28 4 WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. September 21, 2009 1. MEETING The Work Session was called to order at 9:00 a.m. by Mayor R. A. Nugent at the Marion and Ed Hughes Public Library 2712 Nederland Avenue, Nederland, Texas. See attached for quorum. 2. PERSONNEL POLICY Chris Duque, City Manager, reviewed each of the proposed changes to the Personnel Policy. He stated that these proposed changes are strictly for budgetary purposes, with the exception of a few to further clarify some sections. A lengthy discussion was held on each item with Council making suggestions to the changes. Mr. Duque will send a revised copy to Council later this week and will include the Personnel Policy on the next agenda for discussion and possible approval. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tern Neal to adjourn the Work Session at 11:35 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11111 _ R. A. Nugent, 'ayor City of Nederland,Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland,Texas I 285 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member—Ward I Billy Neal Council Member—Ward II7 Don Albanese Council Member—Ward III Bert Rogers Council Member—Ward IV ✓ Chris Duque City Manager a/ LaDonna Floyd City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary R.A.A.Nugent,Maiyor C 0001, ,-. c-41,/of LaDonna Floyd,City Clerk `J t Date 28 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 28, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve the minutes of the regular meeting of September 14, 2009 and the work session of September 21, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. PAYMENTS A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to postpone approving final payment to DRC for debris removal due to Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payments to Schaumburg & Polk, Inc. as follows: $4,014.20, Concrete Street Rehabilitation project; $3,255.21, Sewer Rehabilitation project; and, $6,165.00, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Brystar Contracting, Inc. in the amount of $63,976.80, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to DSR in the amount of $5,980.00, Canal Avenue and South 5th Street elevated water tanks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve a payment to Blastco Texas, Inc. in the amount of $63,785.25, Canal Avenue elevated water tank. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 287 Minutes continued, September 28, 2009 A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Waterscape Consultants, Inc. in the amount of $5,505.75, engineering services related to the Doornbos Park swimming pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. BOARDS AND COMMISSIONS A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to appoint Bert Rogers, Stuart Kieschnick, Randy Sonnier, and Don Albanese to the Nederland Economic Development Corporation Board of Directors for a two year term beginning October 1, 2009 and ending September 30, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Mayor Nugent and members of the Council each expressed appreciation to Homer Nagel for his many years of dedicated service to the City of Nederland and its citizens. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to remove Homer Nagel from the Planning and Zoning Commission due to health issues. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to appoint Scott Watjus to fill the unexpired term (July 1, 2010) of Homer Nagel on the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Resolution No. 2009-08, nominating Charles Lankford as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to authorize the closure of Boston Avenue from Twin City Highway to 14th Street on Saturday, October 31, 2009 from 3:00 p.m. to 9:00 p.m. for "Trunk-R-Treat" activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I 28S Minutes continued, September 28, 2009 6. DEVELOPMENT A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve the replat of North Lake Estates subdivision as recommended by the Planning and Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. ORDINANCES A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve Ordinance No. 2009-18, amending the FY 2008-2009 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2009-19, declaring certain utility accounts as uncollectible. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. CONTRACTS/AGREEMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a contract with Gulf Coast Lawn for mowing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. DOORNBOS PARK Chris Duque, City Manager, explained that Harry Beckwith with Waterscape met with the Parks Board to solicit their input and provide preliminary designs. The Parks Board recommended a design that the engineer's estimate the construction cost to be approximately $624,512. The proposed design addresses the needed mechanical repairs, brings the pool into compliance with federal and state statutes and rules, and enhances the current recreation level of the pool. The Board recommended the baby pool be removed and replaced with a splash park area; the beach entrance to pool would be accessible for young children. Councilmember Albanese stated that although he feels the City should provide a pool for the community the cost seems excessive. He asked if there were any amenities that could be eliminated from the design. Mr. Duque replied that Mr. Beckwith believes their cost estimate is on the high side. He added that he has asked to be placed on the next Nederland Economic Development Corporation agenda to ask their Board for assistance with the project. Steve Hamilton, Director of Public Works, suggested that the bids specifications be written with a base bid of the minimum requirements with alternates to add additional features. Councilmembers Ortiz, Neal and Rogers also thought it was important to keep the pool in operation but the cost is just too much to expect the taxpayers to fund. Mayor Nugent stated that it appears the consensus of the Council is to continue to provide pool services but the costs seem prohibitive. He suggested 288 Minutes continued, September 28, 2009 that Council consider approving the absolute minimum repairs with the the intent of adding additional features in future years. Mr. Duque stated that he would contact Waterscape and ask that they prepare bid specifications with minimum repairs and utilize alternate bids for the additional features. 10. UNFINISHED BUSINESS A motion was made by Councilmember Albanese and seconded by Mayor Nugent to remove from the table the Personnel Policy agenda item that was tabled during the September 14, 2009 meeting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Chris Duque, City Manager, reviewed the proposed changes to the Personnel Policy. A motion was made by Councilmember Rogers and seconded by Mayor Nugent to approve the revisions to the Personnel Policy, effective October 1, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: Councilmember Ortiz. 11. EXECUTIVE SESSION The regular meeting was recessed at 5:40 p.m. by Mayor Nugent for the purpose of ' conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Davis's Donut & Deli claim; and, Chapter 551.074, annual evaluation and employment agreement of City Manager Chris Duque. 12. RECONVENE The regular meeting was reconvened at 7:41 p.m. by Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to authorize paying Davis's Donut & Deli the difference offered by Texas Municipal League and the estimate received from the owners for repairs for the damage sustained to their building by a city vehicle. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve the City Manager's employment agreement for the period September 30, 2009 to September 29, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Li '0 Minutes continued, September 13. ADJOURN There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to adjourn the meeting at 7:44 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent ayor City of Nede and, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas I 1 291 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member—Ward I / Billy Neal Council Member—Ward II ✓ Don Albanese Council Member—Ward Ill ✓ Bert Rogers Council Member—Ward IV ✓ Chris Duque City Manager _ v''' LaDonna Floyd City Clerk 7 Jesse Branick City Attorney ✓ Cheryl Dowden Director of Finance IDarrell Bush Police Chief /' Gary Collins Fire Chief �'' Steve Hamilton Director of Public Works ✓ George Wheeler Building Official ✓' Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary u✓ PA/ R.A.Nugent,M or ' C/)Q— C—k.'tieCZ. ^. ,In e LaDonna Floyd,City Clerk C/-04S- C``3 Date 292 CITY OF NEDERLAND RESOLUTION NO.2009-08 STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of September 28,2009,in accordance with the Property Tax Code of the State of Texas,hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two-year period term to expire December 31,2011. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2009, in accordance with said Statute. PASSED AND APPROVED AND ADOPTED this 28`" day of September,2009. R.A.Nugent,M.©.r City of Nederlan.,Texas Billy Neal,Mayor Pro Tern eff Ortiz,Council Member Ward I eszt DAlbanese,Council Member Ward Ill Bert Rogers,Council Me er Ward IV ATTEST: • • LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: lease Bra is/,City Attorney aty of N derland,Texas 293 ORDINANCE NO.2009-18 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 revenues and expenditures as set out in Attachment"A"and, WHEREAS,the City Council finds that the budget for 2008-09 fiscal year should be amended for unanticipated revenues received and additional expenditures for specific purposes as set out in Attachment"A." NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the budget for the 2008-09 fiscal year is amended to allow for increases in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget amendment with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 28th DAY OF SEPTEMBER, A.D.,2009. R.A.Nugent,Mifor City of Nederlan.,Texas ATTEST: ' �ctiti}n C.G.. O/ LaDonna Floyd,City Clerk I City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: / Jes- is/City Attorney Ci', .• -derland,Texas 1 294 BUDGET ORDINANCE AMENDMENT—ATTACHMENT A , SOLIDE WASTE FUND Amend as follows: Increase 52-00-00-4360 Federal Emergency Management Funds $ 582,875 Increase 52-33-00-6397 Green Waste Disposal 582,875 Funds were received from FEMA's Public Assistance program for assistance with debris removal caused by Hurricane Ike. 1 2 295 ORDINANCE NO.2009-19 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $13,338.89 AS SHOWN IN ATTACHMENT"A"FOR THE YEAR ENDED 9-30-09 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 2008-09 in the amount of$13,338.89 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 and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 28th day of September, A.D.,2009. R.A.Nugent,1 ayor City of Nederl< d,Texas ATTEST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Je.se B . ,City Attorney C ty of -derland,Texas 296 ATTACHMENT"A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2008-2009 Account Number Amount 01-0230-06-0 29.03 01-0400-00-0 119.69 02-0270-07-0 211.73 02-0760-06-0 24.35 02-0780-00-0 19.29 03-0140-03-0 44.86 03-0180-03-0 125.61 03-0350-04-0 62.09 03-0490-09-0 145.64 03-0490-10-0 52.90 03-0710-00-0 121.34 03-0870-07-0 168.00 03-1830-01-0 47.52 04-1340-02-0 268.43 04-1400-05-0 75.14 04-1550-02-0 66.98 04-1620-15-0 58.25 04-1860-04-0 47.73 04-4170-00-0 106.56 05-0740-07-0 63.35 05-0740-08-0 332.28 05-1270-00-0 354.43 05-1360-06-0 180.49 05-1360-07-0 44.39 05-2010-04-0 33.55 05-2040-07-0 66.40 05-3210-03-0 67.47 05-3300-00-0 133.22 05-3590-06-0 33.22 05-3670-12-0 166.72 05-4160-05-0 163.99 06-0500-05-0 113.60 06-0630-02-0 155.65 06-2060-02-0 87.37 06-3080-05-0 27.00 07-0950-15-0 48.34 08-0080-03-0 123.19 08-0440-00-0 23.62 09-0050-01-0 3,225.60 09-0200-15-0 75.03 09-2910-01-0 640.66 10-0570-13-0 31.24 11-3155-04-0 166.40 11-3206-03-0 140.17 12-0060-00-0 167.96 12-0470-13-0 64.59 12-1130-07-0 26.18 12-1330-08-0 17.11 13-0910-06-0 170.19 13-1420-06-0 87.86 13-2069-08-0 69.76 13-2130-02-0 118.90 14-0500-01-0 66.49 15-0410-03-0 255.21 15-0760-03-0 52.53 15-0790-01-0 95.27 15-1760-06-0 39.82 15-2130-05-0 20.01 15-27070 1 0-07-0 15.22 15-2840-02-0 54.18 16-0530-09-0 43.40 297 ACCOUNTS TO BE WRITTEN OFF FOR FYE 2008-09 Continued 16-0850-13-0 104.33 16-0860-00-0 214.95 16-0875-03-0 113.65 16-1340-11-0 40.00 16-1760-01-0 66.76 16-1900-12-0 230.32 16-2230-12-0 103.22 16-2450-02-0 15.72 17-0260-06-0 39.57 17-0450-01-0 25.26 17-0650-03-0 360.28 17-0860-08-0 39.50 17-1000-01-0 37.69 17-1620-02-0 128.02 17-1852-01-0 352.50 18-0041-15-0 62.71 18-0270-01-0 113.77 18-0300-11-0 77.84 18-1110-04-0 208.28 18-1870-06-0 306.29 19-0900-08-0 15.76 19-1510-02-0 83.28 20-0020-07-0 261.06 20-1310-02-0 90.47 20-1530-03-0 33.01 21-0590-01-0 84.89 21-0620-05-0 26.46 21-1200-06-0 21.37 22-2020-01-0 176.49 23-0990-04-0 54.36 24-0776-07-0 52.50 24-0870-01-0 106.93 24-0880-01-0 44.00 $13,338.89 298 'oP .. 200 . 00 „, . . 00 .O, q q o, 0 E L 7 O Lfl N O N u-i o° N u cs,o r1 N m tn. 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O N C O O D O D I.,-, N '3 H vT t~n tn. w vT V VT VT VT ,1- o `n. o YC 0 0 0 0 0 0 0 0 0 0 p 10 111 tr1 N V1 N to u'1 O O Ln O 1 d y N N N N N N N D1 N N N N N N N N i N 'C 2 V} VT VT VT VT VT VT VT N VT C la et To m Z Y C O h 9 r. a 2 a) C 2 3 > C7 Q Q O1 N Q >as la 1.1)F L a > O m > a+ Q 4 a+ C a 0 m p Y 0 co o o.1 _ c m N `! co m Y 0 co -o m Y Y _ N C m N 0 m 0 � Y f0 q) Q c Y moo Ln m v w o O 0l '-' RI .41. i Y a00 Z ` 0 V1 fa N m C V1 i co- y� 0_ c D_ Y C t V ob D- 0 Ti, a u co co YO a OD U C o_ 0. sr, m —en al .1 m c co ,- m0 0 0 2 0 m a1 �, o VI `y = C H c' oa C C 0 y L N E V o V al y !? _ O Vi L = to U 2 V1 V b at 0 C•CO X "I cL C ZN N m .0 V1 ,D N CO 01 2 293 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 12, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve the minutes of the September 28, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. PROCLAMATION Mayor Nugent presented a Proclamation to the Nederland Knights of Columbus Grand Knight declaring the week of October 12th as "Knights of Columbus Family Week". They thanked the Council for their continued support and invited all City employees to an appreciation gumbo to be held Tuesday, October 13`h. A motion was made by Councilmember Albanese and seconded by Mayor Nugent to approve a Proclamation declaring the Week of October 12, 2009 as "Knights of Columbus Family Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Mayor Nugent presented a Proclamation to Cindy Bloodsworth, Jefferson County Dispute Resolution Center, declaring October 15th as "National Conflict Resolution Day". Ms. Bloodsworth thanked the Council for their support. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve a Proclamation declaring October 15, 2009 as "National Conflict Resolution Day" in Nederland,Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. n 300 Minutes continued, October 12, 2009 Mayor Nugent presented a Proclamation to Cindy Fertitta and Misty Craver declaring October 2009 as "Domestic Violence Awareness Month". Mrs. Craver thanked the Council for their continued support. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a Proclamation declaring October 2009 as "Domestic Violence Awareness Month" in Nederland,Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. REQUEST A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a request from Drew Sauerwein to hold the "1st Annual South County Distance Classic - Cross Country Meet" at Doornbos Park on October 17, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to authorize the installation of a street light near 2305 Avenue B. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. STREETS AND SIDEWALKS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to authorize the closure of Franklin Street between 12th Street and 13th Street on October 29, 2009 from 3:00 p.m. to 9:00 p.m. for Langham Elementary School's Annual Fall Carnival. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the payment of the bills for the month of September 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve final payment to DRC Emergency Services, LLC for debris removal due to Hurricane Ike contingent upon clarification of the invoice from Beck Disaster Recovery, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. i 30� Minutes continued, October 12, 2009 A motion was made by Councilmember Albanese and seconded by Mayor Nugent to approve payment to T & N Laboratories & Engineering in the amount of $450.00, quality Control Testing Services relating to Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payment to Allco, Inc. in the amount of $248,429.78, Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. BIDS/PURCHASES A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to authorize the purchase of three (3) police vehicles through HGAC, Buy Board, or State-approved contract for the Police Department in an amount not to exceed $77,287.17. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. STORM WATER MANAGEMENT A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve an Engineering and Scientific Consulting Services contract with Carroll & Blackman, Inc., not to exceed $14,460.00, for Phase II MS4 Permit Implementation Services, Permit Year 3, contingent upon approval and review by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. BUDGET A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve Ordinance No. 2009-20, amending the FY 2009-2010 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. CONTRACTS/AGREEMENTS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve an Engineering Services contract with Walker Partners, LLC, not to exceed $27,000.00, Assessment of Nederland Water Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 302 Minutes continued, October 12, 2009 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Change Order No. 1 with Brystar Contracting, Inc. in the amount of -$49,567.99, Sterling Ridge Subdivision Drainage Connection project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve Change Order No. 2 with Brystar Contracting, Inc. in the amount of +$19,579.50, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Troy Whitehead, Schaumburg & Polk, Inc., reported that most utility locations have been completed and Time Warner Cable has completed their locations with the exception of removing existing poles. Once the poles are removed the contractor will be able to proceed with minimal delays. Mr. Whitehead added that prior to the recent rains the first 6" of limestone base was down and compacted. An additional 4" lift will be added and weather permitting the first section off the feeder road should proceed quickly. 12. RESOLTUION A motion was made by Councilmember Ortiz and seconded by Mayor Nugent to approve the first reading of Resolution No. 2009-09, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Go- Burgers, L.P. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 13. EXECUTIVE SESSION The regular meeting was recessed at 5:15 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Bobby Simon v. City of Nederland. 14. RECONVENE The regular meeting was reconvened at 5:40 p.m. by Mayor Nugent. He announced that the Executive Session was held for information purposes only. 15. COMMUNICATION City Manager Report: a. Update on Beauxart Garden Road and Canal Ave. Water Tower projects - Steve Hamilton reported that the water tower project is approximately three weeks behind schedule due to the recent rains. He added that he is pleased with the contractor's work. 303 Minutes continued,October 12, 2009 b. Donation to Marion & Ed Hughes Public Library - Mr. Duque reported that ' EMHUGH, Ltd has offered to clean and repaint the stucco portion of the library. Their only request in exchange for the work is a written acknowledgment of the donation. c. KC Annual Employee Appreciation Dinner- Mr. Duque reminded Council that the dinner will be held Tuesday, October 13th, at the KC Hall. 16. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 5:50 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent ayor City of Nede and,Texas ATTEST: r,. c cl LaDonna Floyd, City Clerk City of Nederland,Texas 304 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor Jeff Ortiz Council Member-Ward I ✓ Billy Neal Council Member-Ward II t/ Don Albanese Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV Chris Duque City Manager LaDonna Floyd City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief V Steve Hamilton Director of Public Works George Wheeler Building Official V Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager �/ Joni Underwood Executive Secretary /. R.A.Nugent,MMMMa! r LaDonna loyd,City Clerk _ic2 (9 Date 305 ORDINANCE NO.2009-20 AN ORDINANCE AMENDING THE 2009-10 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2009-15 which adopted the 2009-10 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 2009-10 City of Nederland budget states,"That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30,2009,shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2009 and ending September 30,2010,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 2009-10 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 2009-15 adopting the budget for 2009- 10; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT the budget for the 2009-10 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 12`"DAY OF OCTOBER,A.D., 2009. R.A.Nug Mayor City of Nederland,Texas ATTEST: y7o LaDonna Floyd,City Clerk APPROVED AS TO FORM AND LEGALITY: 4111L. 1)1144.' Jess,Brani'. ,City Attorney Ci ofNe. rland,Texas 30o BUDGET ORDINANCE AMENDMENT—ATTACHMENT A GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30,2009 in the amount of$55,000 and increase line item as detailed below: Increase 01-51-00-6350 Bldg Structure/Improvements $55,000 Appropriate prior year encumbered funds for repair of the French House,Doornbos Park,Rienstra Park,and Cropo LeBlanc Park that incurred damages due to Hurricane Ike. Funds were received in the prior year from Insurance Proceeds and the Federal Emergency Management Agency Public Assistance Grant. Repairs were in progress at the end of fiscal year,however,were not completed by September 30,2009. WATER&SEWER FUND Amend Water&Sewer Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of$185,000 and increase line item as detailed below: Increase 50-60-00-6351 Fixed Plant&Equipment R&M $185,000 Appropriate prior year encumbered funds for Canal and Fifth Street Water Tower repairs due to damages incurred by Hurricane Ike.Funds were received in September 2009 for insurance coverage due to damages in the amount of$240,763. 111 307 SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR IPROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ,/, THIS f. 1,4,,e I :.;Z&Cc ("Effective Date")between The City of Nederland,Texas ("Owner") and Walker Partners,LLC ("Engineer") Engineer agrees to provide the services described below to Owner for A Study and Report for Water ("Project"). Treatment Plant Improvements Description of Engineer's Services: Engineer shall investigate the condition of the raw water,high service and transfer pump stations develop alternative solutions for improvement of the pump stations if required and compose a report clearly stating the recommended alternative and anticipated costs.Cost for Electrical or Mechanical specialists retained to perform vibration analysis and/or specialized electrical testing is not included in the Engineer's compensation for this work.If the Engineer and the City determine this work to be required,it will be authorized separately. Owner and Engineer further agree as follows: B. Owner shall pay Engineer for such additional 1.01 Basic Agreement services as follows:For additional services of Engineer's employees engaged directly on the Project an amount A. Engineer shall provide,or cause to be provided, equal to the cumulative hours charged to the Project by ithe services set forth in this Agreement,and Owner shall each class of Engineer's employees times standard hourly pay Engineer for such Services as set forth in rates for each applicable billing class;plus reimbursable Paragraph 9.01. expenses and Engineer's consultants'charges,if any. 2.01 Payment Procedures 4.01 Termination A. Preparation of Invoices. Engineer will prepare A. The obligation to provide further services under a monthly invoice in accordance with Engineer's standard this Agreement may be terminated: invoicing practices and submit the invoice to Owner. 1. For cause, B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. If Owner fails to make a. By either party upon 30 days written any payment due Engineer for services and expenses notice in the event of substantial failure by the within 30 days after receipt of Engineer=s invoice, the other party to perform in accordance with the amounts due Engineer will be increased at the rate of Agreement's terms through no fault of the 1.0% per month (or the maximum rate of interest terminating party. permitted by law, if less) from said thirtieth day. In addition, Engineer may, without liability, after giving b. By Engineer: seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full 1) upon seven days written notice all amounts due for services,expenses,and other related if Engineer believes that Engineer is charges. Payments will be credited first to interest and being requested by Owner to furnish or then to principal. perform services contrary to Engineer=s responsibilities as a licensed professional; or 3.01 Additional Services I 2) upon seven days written notice A. If authorized by Owner, or if required because if the Engineer=s services for the Project of changes in the Project,Engineer shall furnish services are delayed or suspended for more than in addition to those set forth above. 90 days for reasons beyond Engineer=s control. 1 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright©2002 National Society of Professional Engineers for EJCDC.All rights reserved. 3 0 s the assignor from any duty or responsibility under this 3) Engineer shall have no liability Agreement. to Owner on account of such termination. 7.01 General Considerations c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a A. The standard of care for all professional substantial failure under paragraph 4.01.A.1.a engineering and related services performed or furnished if the party receiving such notice begins,within by Engineer under this Agreement will be the care and seven days of receipt of such notice,to correct skill ordinarily used by members of the subject profession its failure and proceeds diligently to cure such practicing under similar circumstances at the same time failure within no more than 30 days of receipt and in the same locality. Engineer makes no warranties, of notice;provided,however,that if and to the express or implied,under this Agreement or otherwise,in extent such substantial failure cannot be connection with Engineer=s services. Engineer and its reasonably cured within such 30 day period, consultants may use or rely upon the design services of and if such party has diligently attempted to others, including, but not limited to, contractors, cure the same and thereafter continues manufacturers,and suppliers. diligently to cure the same,then the cure period provided for herein shall extend up to, but in B. Engineer shall not at any time supervise,direct, no case more than, 60 days after the date of or have control over any contractor=s work, nor shall receipt of the notice. Engineer have authority over or responsibility for the means,methods,techniques, sequences,or procedures of 2. For convenience,by Owner effective upon the construction selected or used by any contractor,for safety receipt of notice by Engineer. precautions and programs incident to a contractor=s work progress,nor for any failure of any contractor to comply B. The terminating party under paragraphs with laws and regulations applicable to contractor=s 4.01.A.1 or 4.01.A.2 may set the effective date of work. termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and C. Engineer neither guarantees the performance of equipment from the Project site,to complete tasks whose any contractor nor assumes responsibility for any value would otherwise be lost, to prepare notes as to the contractor=s failure to furnish and perform its work in status of completed and uncompleted tasks, and to accordance with the contract between Owner and such assemble Project materials in orderly files. contractor. 5.01 Controlling Law D. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier, A. This Agreement is to be governed by the law of or of any contractor=s agents or employees or any other the state in which the Project is located. persons (except Engineer=s own employees) at the Project site or otherwise furnishing or performing any of 6.01 Successors,Assigns,and Beneficiaries construction work; or for any decision made on interpretations or clarifications of the construction A. Owner and Engineer each is hereby bound and contract given by Owner without consultation and advice the partners, successors, executors, administrators, and of Engineer. legal representatives of Owner and Engineer(and to the extent permitted by paragraph 6.01.B the assigns of E. The general conditions for any construction Owner and Engineer)are hereby bound to the other party contract documents prepared hereunder are to be the to this Agreement and to the partners, successors, "Standard General Conditions of the Construction executors, administrators, and legal representatives (and Contract@ as prepared by the Engineers Joint Contract said assigns) of such other party, in respect of all Documents Committee(No.C-700,2002 Edition). covenants, agreements, and obligations of this Agreement. F. All design documents prepared or furnished by Engineer are instruments of service,and Engineer retains B. Neither Owner nor Engineer may assign,sublet, an ownership and property interest (including the or transfer any rights under or interest (including, but copyright and the right of reuse) in such documents, without limitation, moneys that are due or may become whether or not the Project is completed. due)in this Agreement without the written consent of the other,except to the extent that any assignment,subletting, G. To the fullest extent permitted by law, Owner or transfer is mandated or restricted by law. Unless and Engineer(1)waive against each other,and the other's specifically stated to the contrary in any written consent employees, officers, directors, agents, insurers, partners, to an assignment,no assignment will release or discharge and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages 2 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. arising out of,resulting from,or in any way related to the 8.01 Total Agreement 309 Project, and (2)agree that Engineer's total liability to Owner under this Agreement shall be limited to$50,000 A. This Agreement (consisting of pages 1 to 4 or the total amount of compensation received by inclusive together with any expressly incorporated ' Engineer,whichever is greater. appendix), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or H. The parties acknowledge that Engineer=s scope oral understandings. This Agreement may only be of services does not include any services related to a amended,supplemented,modified,or canceled by a duly Hazardous Environmental Condition (the presence of executed written instrument. asbestos, PCBs, petroleum, hazardous substances or waste,and radioactive materials).If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages,suspend performance of services on the portion of the Project affected thereby until Owner: (i)retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. I I 3 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright C 2002 National Society of Professional Engineers for EJCDC.All rights reserved. 310 9.01 Payment(Lump Sum Basis) A. Using the procedures set forth in paragraph 2.01,Owner shall pay Engineer as follows: 1. A Lump Sum amount of$ 27,000.00 B. The Engineer's compensation is conditioned on the time to complete construction not exceeding months. Should the time to complete construction be extended beyond this period, total compensation to Engineer shall be appropriately adjusted. N/A IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. OWNER: ENGINEER: BY iL. . c By: 4 Title: / ')01 t�s. Title: Sr.Project Manager Date Signed: /l' /aC.60 Date Signed: /0-9-09 License or Certificate No.and State Texas Registered Professional Engineer No.52080 TBPE Finn Registration No.8053 Address for giving notices: Address for giving notices: l y c f /lc'cje r/t>r�t j Walker Partners 42'7 600 Austin Avenue Suite 20 €d E r/-.,x q )'76.2 7 Waco,Texas 76701 4 of 4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 311 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. October 26, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Albanese to approve the minutes of the meeting of October 12, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. COMMENTS Jhan Echols, 3212 Avenue A, addressed the Council to request a traffic light be installed at 32nd Street and Nederland Avenue, as well as more traffic control and police presence on Nederland Avenue. Chief Darrell Bush reported that since January 2009 the Police Department has issued 148 citations and 103 warnings on Nederland Avenue between 27th Street and Hwy. 69. He added that police officers spent 128.5 hours running radar in the same location. Chris Duque, City Manager, explained that all traffic lights must be approved by the Texas Department of Transportation and the stats at 32"d Street and Nederland Avenue do not warrant a signal at that intersection. Mayor Nugent thanked Mr. Echols for his comments and although the City does not have the answers at this time he does feel the Police Department is utilizing their staff to the best of their ability for the entire community. 4. RESOLUTION A motion was made by Councilmember Rogers to approve the second and final reading of Resolution No. 2009-09, ratifying the action of the Nederland Economic Development Corporation relating to the incentive offered to GO-Burgers, LP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 31 Minutes continued, October 26, 2009 5. FINANCE A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Tax Collector Report for September 2009 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Albanese to accept the Quarterly Investment Report as presented by the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. CONTRACTS/AGREEMENTS A motion was made by Councilmember Albanese and seconded by Mayor Nugent to approve a Joint Land Use Agreement with the Mid-County Radio Control Club for use of the closed landfill for recreational use. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve an RTK Membership Agreement with Western Data Systems, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve a payment to T& N Laboratories & Engineering in the amount of$1,001.90, Quality Control Testing Services relating to Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of $2,827.33, Phase II MS4 Permit Implementation Services (Year 2). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payments to Schaumburg & Polk, Inc. as follows: $1,107.48, Concrete Street Rehabilitation; and, $4,792.50, Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 313 Minutes continued, October 26, 2009 A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve a payment to Brystar Contracting, Inc. in the amount of $64,226.65, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Waterscape Consultants, Inc. in the amount of $4,314.72, engineering services related to the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. GRANTS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve Submission of Notice of Intent to the State Energy Conservation Office for an Energy Efficiency and Conservation Block Grant, and to approve Resolution No. 2009-10, supporting the development of energy efficiency programs. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. BIDS Harry Beckwith, Waterscape Consultants, Inc., reviewed the preliminary plans for repairs and/or improvements to the swimming pool. He stated there will be a base bid with alternates to add additional features. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to authorize the solicitation of bids for the Nederland Swimming Pool Repairs/Improvements project not to exceed $450,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to authorize the solicitation of bids for the Concession Stand Building Repairs/Improvements project not to exceed $50,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. EXECUTIVE SESSION The regular meeting was recessed at 5:46 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, claim against Entergy Texas, Inc. related to municipal street lighting services and charges; and, Bobby Simon v. City of Nederland. I 31 1 Minutes continued, October 26, 2009 11. RECONVENE The regular meeting was reconvened at 6:16 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 12. COMMUNICATION City Manager Report: a. Trunk-R-Treat - Mr. Duque announced that the Parks & Recreation Department will participate in this year's Trunk-R-Treat event to be held on Boston Avenue on Halloween night. b. Breast Cancer Luncheon - Mr. Duque also reported that a breast cancer awareness luncheon will be held for all female employees and spouses of the male employees on Friday, October 30`h, at the library. The Water Billing Department and Library will be closed during this event so those employees may attend the luncheon. 13. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 6:20 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ■ ayor City of Neder.nd,Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland,Texas 315 CITY OF NEDERLAND tCOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor !C Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II Don Albanese Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV Chris Duque City Manager ✓/ LaDonna Floyd City Clerk t,/ Jesse Branick City Attorney v' Cheryl Dowden Director of Finance 1 Darrell Bush Police Chief 1/ Gary Collins Fire Chief Steve Hamilton Director of Public Works ✓ George Wheeler Building Official ✓ Victoria Klehn Librarian ✓Kelly Galloway Assistant to the City Manager t,/ Joni Underwood Executive Secretary R.A.Nugent, ;or ' LaDonna Floyd,City Clerk /c .. 0 el Date 31 t:; STATE OF TEXAS * JOINT LAND USE COUNTY OF JEFFERSON AGREEMENT 1 PARTIES This agreement is made between the following parties: 1. Mid County Municipal League, composed of the cities of Nederland, Port Neches, and Groves, Texas; and 2. Mid-County Radio Control Club, a non-profit radio control flying club and a Texas corporation. PURPOSE Whereas, the Mid County Municipal League, 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 Mid-County Radio Control Club, hereinafter referred to as Lessee, desires the use of the"Landfill" as Lessee. The purpose of this 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 which comprises the lease premises is approximately 80 acres and shall be the area of the Landfill which is presently within the perimeter of the Landfill Road as platted by the City of Nederland, Texas, Map Records. In addition, access to the site shall be by way of the road leading from State Highway 347 to the perimeter road. (See Exhibit A) TERM OF USE This agreement shall be of a five-year term, commencing II-/•., (5(:?9 , and ending /(< -.3 y , subject to the following conditions: Page 1 31r, 111 CONDITIONS 1. Lessee shall maintain the site, including the closed landfill cap (approximately 80 acres)and the access road in a neat and orderly fashion. 2. Lessee shall use the site for the purpose of club activities, which are directly related to: the operation of remote controlled miniature model aircraft, weighing less than 55 pounds with fuel and not capable of carrying a human passenger and the operation of model automobiles being 36" or less in length and weighing less than 25 pounds. 3. Prior to procuring a sanction for a "scheduled fly-in" Lessee shall notify Lessor of the scheduled fly-in dates. The general public is routinely invited to scheduled fly-ins as "Guests" of Lessee. At all times that the entrance gate is opened to the general public, Lessee will provide personnel at the gate site to direct the public to the flying field. Lessee shall ensure that the public will proceed directly to the flying field and observe the posted 10 mph speed limit. 4. Lessee shall provide and maintain the standard "site-owner's" liability insurance policy in favor of Lessor, which is underwritten by the Academy of Model Aeronautics, in the amount of One Million Dollars ($1,000,000.00), and shall furnish Lessor with evidence of same. The Lessee will DEFEND, INDEMNIFY AND HOLD HARMLESS the Lessor, the City of Nederland, the City of Groves, and the City of Port Neches, from all damages, costs, expenses and attorney's fees for all claims and suits, including claims and suits for death, personal injury and property damage, arising out of, or connected with Lessee's use of the lease premises. 5. Lessee shall require all club members to also be members of the Academy of Model Aeronautics and maintain individual Academy of Model Aeronautics' insurance. 6. Lessee shall not allow the use of firearms or alcohol at the site. 7. Lessee shall not operate its models or related equipment in any way which interferes with Lessor's business or the general public. 8. 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. Page j 2 31 9. Lessee shall not substantially alter or modify the site without prior approval of Lessor. 10. Lessee is allowed to erect and maintain signs, fences, and "non-permanent" structures which relate to the flying of their model aircraft or automobiles, 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. Other governmental standards include, but are not limited to the Texas Commission on Environmental Quality Rules and Regulations regarding closed landfill sites. 11. Any alteration or placement of items on site shall be promptly removed by Lessee at Lessee's own expense should Lessor so demand; and the site replaced to pre-existing conditions. 12. 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. 13. Access to the site may be restricted or prohibited by the Lessor as conditions warrant. An event such as an ice storm or hurricane may necessitate use of the site by the Mid County Municipal League for other purposes. The duration of the restricted or prohibited access will be established by the Mid County Municipal League. TERMINATION This agreement shall terminate upon any of the following events: 1. Lessor notifies Lessee not less than thirty days in advance that Lessee must vacate the premises due to supervening governmental necessity. 2. Lessee notifies Lessor of its intention to abandon the flying site in not less than thirty days. 3. The expiration of the lease term as previously set in Term of Use provisions. 4. The failure of Lessee to cure any breach of any CONDITIONS specified herein after receiving 30 days notice of the breach from Lessor. 5. Lessee's assignment or attempted assignment of this Agreement to another party without the written approval of Lessor. Page 3 319 RENEWAL This agreement shall be renewable every five (5) years 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 be 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 Mi� �o Municipal League Agent for Mid County Radio Control Club I Page 4 • 329 EXHIBIT A Parcel I FIELD VOTE-DESCRIPTION OF A 934.0 ACRE TRACT OF LAND IN -TSB HECHES RIVER MARSH FOR SUN MARINE TERMINALS, INC. BEING a 934.0 acre tract of land out of the William Carroll Survey, Abstract No. 13, the Burr & Caswell Survey, Abstract No. 406, the John C. Sucher Survey, Abstract No. 158, the 0. Hoatee Survey, Abstract No. 177 in Jefferson County, Texan and said 934.0 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a steel bar in concrete found in the East line of the J. S. Johnson Survey, Abstract No. 34 and in the Hest line of the William Carroll Survey A-13 and the Northeast right-of-way line of Kansas City Southern Railroad right-of-way (100 foot right-of-way), said steel bar being 50 feet from, measured at right angles to the centerline of said railroad; THENCE North 0 degrees 28 minutes 27 seconds West along the common line of the Johnson Survey and the William Carroll Survey and at a distance of 1324.70 feet pass the Eaatmost Southeast corner of the E. I. DuPont De Nemors Company Beaumont Works and continue a total distance of 1710.60 feet to a 1 1(4 inch iron pipe found in the edge of the Neches River marsh for the Weatmost, Southwest and beginning corner of the tract of land herein described; THENCE continuing North 0 degrees 28 minutes 27 seconds West along said common survey line and along the East line of said 111] DuPont Beaumont Works tract of land and at a distance of 4139.68 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 4242.47 feet to the Northwest corner of thatttestain 1179.34 acre tract of land described in deed from J. E. Broussard, Jr., at al. to Sun Oil Company dated August 21, 1974 and recorded in Vol. 1848, Page 442 of the Deed Records of Jefferson County, Texas; THENCE South 71 degrees 55 minutes 42 seconds East along the Northeasterly line of said 1179.34 acre tract of land and along the Neches River Cut-off a distance of 3703.54 feet; TRENCH South 17 degrees 54 minutes 45 seconds Vest and at a distance of 50.00 feet pass a 1 inch galvanized iron pipe placed for reference and continue a total distance of 623.69 feet to a 1 inch galvanized iron pipe placed; TRENCH South 72 degrees 05 minutes 15 seconds East a distance of 1005.61 feet to * 1 inch galvanized iron pipe placed; 321 Parcel Y (Cont'd.) THENCE South 46 degrees 31 minutes 58 seconds East a distance of 695.22 feet to a 1 inch galvanized iron pipe placed; THENCE South 19 degrees 56 minutes 00 seconds East a distance of 1046.33 feet to a 1 inch galvanized iron pipe placed; • THENCE South 50 degrees CO minutes 59 seconds East a distance of 1278.39 feet to a 1 inch galvanized iron pipe placed; MIME North 39 degrees 35 minutes 11 seconds East a distance of 1337.71 feet to a 1 inch galvanized iron pipe placed; THENCE North 63 degrees 39 minutes 32 seconds East a distance of 520.72 feet to a 1 inch galvanised iron pipe placed; THENCE South 72 degrees 05 minutes 15 seconds East a distance of 2290.89 feet to a 1 inch galvanized iron pipe placed; THENCE South 23 degrees 29 minutes 37 seconds West a distance of I798.65 feet to a 1 inch galvanized iron pipe placed; THENCE South 19 degrees 26 minutes 11 seconds West a distance of 1761.53 feet to a I inch galvanized iron pipe placed; THENCE South 04 degrees 25 minutes 00 seconds West a distance of 621.68 feet to a 1 inch galvanized iron pipe placed; THENCE South 46 degrees 19 minutes 23 seconds West a distance of 2474.03 feet to a 1 inch galvanized iron pipe placed in the Soutbmost East line of that certain 267.492 acre tract of land described in deed from Sun Marine Terminals. Inc. to the City of Nederland, Texas dated November 15, 1984; THENCE North 02 degrees 28 minutes 45 seconds East along the East line of said City of Nederland 267.492 acre tract, of land a distance of 1630.41 feet to a 1 inch galvanized iron pipe placed; THENCE North 17 degrees 13 minutes 56 seconds East along the East line of said City of Nederland 267.492 acre tract of land a distance of 94.16 feet to a 1 inch galvanized pipe placed; THENCE North 13 'degrees 45 minutes 12 seconds East along an East line of said City of Nederland 267.492 acre tract of land a distance of 812.35 feet to a 1 inch galvanized iron pipe placed; THENCE North 06 degrees 30 minutes 39 seconds Best along the East line of said City of Nederland 267.492 acre tract of land a .distance of 2147.00 feet to a 1 inch galvanized iron pipe placed; 2 • • 101 27 1073 322 Parcel I (Cont'd.) THENCE North 30 degrees 18 minutes 44 seconds West along the Northeasterly line of said City of Nederland 267.492 acre tract of land a distance of 104.97 feet to a I inch galvanized iron pipe placed; THENCE North 50 degrees 07 minutes 19 seconds West along the Northeasterly line of said City of Nederland 26/.492 acre tract of land a distance of 511.49 feet to a 1 inch galvanized iron pipe placed at the Northmost corner of said 267.492 acre tract of land; TRENCH South 42 degrees 01 minutes 36 seconds West along the Northwesterly'line of said City of Nederland 267.492 acre tract of land a distance of 4972.37 feet to a I inch galvanized iron pipe placed in the Northeasterly line of the Alboth Addition, according to the map thereof recorded in Vol. 466, Page 319 of the Deed of Records of Jefferson County, Texas; THENCE North 45 degrees 32 minutes 38 seconds West along the Northeasterly Fine of Alboth Addition and its projection a distance of 1192.62 feet to the Eastmost corner of the Crary Addition, according to the plat thereof recorded in Vol. 6, Page 69 of the Nap Records of Jefferson County, Texas; THENCE North 41 degrees 11 minutes 30 seconds West along the Northeasterly line cf• said Crary Addition a distance of 866.83 feet to an angle point; THENCE North 48 degrees 08 minutes 23 seconds West along the Northeasterly line of said Crary Addition a distance of 600.00 feet to the Northmost corner of said Crary Addition; THENCE North IS degrees 38 minutes 23 seconds West a distance of 860.00 feet; THENCE South 51 degrees 45 minutes 17 seconds West a distance of 320.00 feet; THENCE North 29 degrees 57 minutes 23 seconds West along the Northeasterly line of an 11.84 acre tract of land described in deed from the Port Arthur Land Company to Charles T. Crary dated August 18, 1909 and recorded in Vol. 141, Page 384 of the Deed Records of Jefferson County, Texas s distance of 640.80 feet to an angle point; • THENCE North 20 degrees 03 minutes 27 seconds Vest along the Northeast Iine of said 11.84 acre tract of land a distance of 903.59 feet to the place of beginning and containing 934.0 acres of land. 3 323 RTK MEMBERSHIP AGREEMENT This Membership Agreement (the"Agreement"), dated as of the :s7(.0 day of , 200 rr , is by and between Western Data Systems Inc.,a Texas Corporation WDS C., ("WDS"),)> and C 4-v ,„(E ("Member"). WDS and Member are sometimes referred to herein singularly as the"Party"and collectively as the"Parties". This Agreement will serve as a master agreement covering all Memberships the Member may control. ARTICLE 1. BACKGROUND AND OBJECTIVES Western Data Systems has coordinated the establishment of an RTK Network (the"Network") within the States of Texas and Oklahoma to be owned by the participating member survey companies. The Network will have its origins within the major metropolitan areas of both states,and is anticipated to expand outward until all areas are seamlessly combined into one RTK Network covering all areas that have data cellular telephone coverage. Using Trimble Reference Stations, Trimble GPSNet and Trimble RTKNet software, a member with a Trimble Rover (hereinafter defined) working within the Network will be able to obtain RTK accuracies using only Trimble Dual Frequency GPS Receivers. ARTICLE 2. MEMBERSHIP OBLIGATIONS 2.1. A "Membership" is defined as one (1) Rover activated to work within the Network. Member may have one or more Memberships under its control. Except as exempted below,Member agrees to pay a one-time fee of Two Thousand and No/100 Dollars($2,000.00) for the first year of each Membership ("Initial Membership Fee"). For each Membership, WDS will issue a username and password that will allow the Rover for that Membership to access the Network. 2.2. After the initial one-year term,each Membership will automatically renew at a fee of Five Hundred and No/100 Dollars ($500.00) per year ("Renewal Fee") unless Member notifies WDS in writing of its desire to terminate a Membership at least thirty(30)days prior to the end of the annual Membership term,which shall be determined by reference to the date that Membership was activated. The Initial Membership Fee and the Renewal Fee are referred to herein collectively as the "Membership Fees". 2.3. Members that agree to install a qualified Reference Station (see Schedule A) which will be owned by Member may activate up to five (5) Rovers for each of Member's Reference Stations and shall be exempt from payment of the Initial Membership Fee and the first two Renewal Fees for each of the five (5) Memberships. Member may do with these Memberships as it sees fit, including selling them or sharing them with another company or organization. Reference Stations must meet the specifications set forth by WDS (see Schedule A)to be qualified for access to the Network. RTK MEMBERSHIP AGREEMENT PAGE I 324 2.4. In addition to Membership Fees, Member agrees to pay the Member's proportionate share of costs for implementation, testing, operation, and maintenance of the Network that are incurred by WDS and that exceed the amount of money generated by Network Membership fees. 2.5. Member agrees to allow WDS rental equipment access to the Network at no charge. 2.6. Member agrees not to re-broadcast the RTK signal. ARTICLE 3. WDS OBLIGATIONS 3.1. WDS will be responsible for implementation of the Network. Once the system is operational,WDS agrees to operate and maintain the Network for an initial term of five(5)years (the"Initial Term"). Upon expiration of the Initial Term, WDS shall continue to operate and maintain the Network unless a majority of Members votes not to renew. All direct equipment and operating costs will be passed on to the Members AT COST. 3.2. If at any time Members vote to change the structure or procedures of the Network, and WDS feels that the change will have a detrimental effect on the Network,WDS has the right, with sixty (60) days' advance written notice to the Members, to terminate its operation and maintenance of the Network and to turn such responsibilities over to the Members. 3.3. WDS agrees to establish Reference Stations in each major city, which meet the specifications,at no cost to the Network or its Members. 3.4. WDS agrees to provide to Member the following information on a quarterly basis: A. Names of all Member companies; B. Number of Memberships issued for both Reference Station owners and Non-Reference Station owners; C. Amount and source of all money paid into the Network account from Membership Fees; D. Detailed yearly report on expenses incurred by WDS;and E. Estimate of any major changes that might affect costs over the next reporting period. 3.5. WDS reserves the sole right and discretion to refuse access to any Member of the Network that it determines is in breach of this Agreement. ARTICLE 4. LIABILITY 4.1. Neither WDS nor any other Members shall be liable for RTK data used outside of the limits of the Network as such use may result in degraded accuracies. RTK MEMBERSHIP AGREEMENT PAGE 2 325 4.2. Although WDS will use commercially reasonable efforts to maintain continuous RTK service, Member acknowledges that interruptions in service may occur and that data availability is not guaranteed.As a result,neither WDS nor any other Members shall be liable for the unavailability or inaccuracy of RTK data. 4.3. Member acknowledges that the Global Positioning System ("GPS") is operated by the U.S. Government Department of Defense, which is solely responsible for the accuracy, daily operations and maintenance of the satellites used in that system.As a result, neither WDS nor other Members shall be liable for the unavailability or inaccuracy of GPS data. 4.4. Member acknowledges that data obtained through the RTK Network is used at its own risk. ARTICLE 5. GENERAL 5.1. This Agreement shall not be construed as constituting either Party as partner of the other or to create any other form of legal association that would impose liability upon one Party for the act or failure to act of the other or as providing either party with the right,power or authority(express or implied)to create any duty or obligation of the other Party.Each Party shall be responsible for the management, direction and control of its employees and such employees shall not be employees of the other Party. 5.2. Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused, directly or indirectly, by fire, flood,earthquake, elements of nature or acts of God, acts of war, terrorism,riots,civil disorders,rebellions or revolutions in the United States,or any other similar cause beyond the reasonable control of such Party. In such event,the nonperforming Party will be excused from any further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such Party continues to use all commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. Any Party so delayed in its performance will immediately notify the other by telephone (to be confirmed in writing within five days of the inception of such delay) and describe at a reasonable level of detail the circumstances causing such delay. 5.3. Waiver. No action taken pursuant to this Agreement by either Party shall be deemed to constitute a waiver by such Party of compliance with any covenant or agreement contained herein unless the waiver is made expressly in writing signed by the waiving Party,and such waiver of any breach of any provision of this Agreement shall not constitute a waiver of any prior,concurrent or subsequent breach of the same or any other provisions hereof. 5.4. Severabilitv. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable,the validity,legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby,and such provision shall be deemed to be restated to reflect the original intentions of the Parties as nearly as possible in accordance with applicable law(s). RTK MEMBERSHIP AGREEMENT PAGE 3 32G 5.5. Governing Law. This Agreement shall be governed by the laws of the State of Texas as such laws are applied to contracts which are entered into and performed entirely within the State of Texas including the conflicts of law principles thereof. The sole and exclusive venue for any litigation or informal dispute resolution shall be Harris or Montgomery County,Texas. 5.6. Binding Nature and Assignment.This Agreement will be binding on the Parties and their respective successors and permitted assigns. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE PARTIES AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO THIS SUBJECT. THIS STATEMENT OF THE AGREEMENT SUPERSEDES ALL PROPOSALS OR OTHER PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER DESCRIBED IN THIS AGREEMENT. EXECUTED as of the date first written above. [COUNTERPART SIGNATURE PAGES TO FOLLOW] 1 I RTK MEMBERSHIP AGREEMENT PAGE 4 327 COUNTERPART SIGNATURE PAGE TO RTK MEMBERSHIP AGREEMENT WDS: WESTERN DATA SYSTEMS,INC.,a Texas Corporation Date: By Ed Meche,President MEMBER: y G'F 1JF .�� j) � Date: (.:('..�'G tr-i..i .�!C; �:t t•<<�,c By: Name: i s . / " Title: %`/a� • - Notice Address: Company Name City of Nederland Contact Name Chris Duque Address P 0 Box 967 Nederland TX 77627 Telephone 409.723.1504 Fax 409.723.1550 E-Mail cduque @ci.nederland.tx.us RTK MEMBERSHIP AGREEMENT PAGE 5 328 SCHEDULE A REFERENCE STATION SPECIFICATIONS In order for a Reference Station to be considered for inclusion into the RTK Network, it must meet the following specifications. 1. Reference Station must use a Trimble GPS Zephyr Base Antenna. 2. Reference Station location must have High Speed Internet available. 3. Reference Station location must be free of Multi Path problems. 4. Reference Stations that are being installed can be Trimble NetR3 or Trimble NetR5 receivers. 5. Reference Station location and installation must be reviewed and approved by WDS. I RTK MEMBERSHIP AGREEMENT SCHEDULE A 323 CITY OF NEDERLAND RESOLUTION NO.2009-10 A RESOLUTION OF THE CITY COUNCIL OF NEDERLAND, TEXAS, SUPPORTING THE DEVELOPMENT OF ENERGY EFFICIENCY PROGRAMS. WHEREAS, Congress passed the American Recovery and Reinvestment Act (ARRA)of 2009 and the President signed into law on February 17th,2009,to stimulate the economy and create jobs;and, WHEREAS,ARRA included$3.2 billion in funding for the Energy Efficiency and Conservation Block Grants(EECBG)Program authorized in Title V,Subtitle E of the Energy Independence and Security Act(EISA)and signed into law on December 19, 2007;and WHEREAS, the purpose of the EECBG program is to, 1) reduce fossil fuel emissions in a manner that is environmentally sustainable,and to the maximum extent practicable,maximizes benefits for local and regional communities;2)to reduce the total energy use of eligible entities;and,3)to improve the energy efficiency in the building sector,the transportation sector and other appropriate sectors;and, WHEREAS,the City of Nederland is a city with limited financial resources and desires to support the development of energy efficiency programs;and, WHEREAS,the City of Nederland accepts its allocation and may also accept additional funds that may become available at a later date;and, WHEREAS,the City of Nederland has developed or is interested in developing a EECBG project,which is sustainable and has measurable energy savings,job creation and economic stimulus effects into the city;and, WHEREAS,the City of Nederland is determined to support energy efficiency projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development; and, WHEREAS, the City of Nederland intends to comply with all agreed upon contractual requirements of ARRA,the EECBG program and other federal and state law; NOW, THEREFORE BE IT RESOLVED BY THE CITY OF NEDERLAND,TEXAS,THAT: 1. The City of Nederland, through the City Manager, pursue all EECBG funding made available through ARRA and being allocated by the State Energy Conservation Office to be used to assist in reaching the City's goal of energy efficiency. 2. The City continue its commitment toward energy efficiency for the citizens of Nederland and all of Texas. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 26th day of October ,2009. —B �� R.A.of ayor City of Nederland,Texas 330 RESOLUTION 2009-09 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 project costs associated with Go-Burgers,LP,in an aggregate maximum amount of not more than One Hundred Fifteen Thousand dollars($115,000.00), in accordance with the terms and conditions as prescribed by the Board,is hereby ratified. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this 12`"day of October ,2009 at which meeting a quorum was present and voting. R.A.Nugent yor City of Nederland,Texas ATTEST: LaDonria Floyd,City Cleric City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: rJe-e Bran ,City Attomey C ty of derland,Texas 331 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS this<,rl day of 10CkrG.4. ,2009 at which meeting a quorum was present and voting. R.A.Nugent,M r City of Nederland,Texas ATTEs ST: LaDonna Floyd,City Clerk City of Nederland,Texas APPROVE I • TO FORM AND LEGALITY: / sum C J Jes.e Br. .c ,City Attorney Ci∎ of •ederland,Texas 337' WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 1:30 p.m. November 2, 2009 1. MEETING The Work Session was called to order at 1:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ZONING A discussion was held on the proposed revisions to the City's zoning regulations. George Wheeler, Building Official, reviewed the proposed changes to the ordinance. Mr. Wheeler will make minor corrections and/or changes before presenting a final draft to the Planning and Zoning Commission and the City Council. If a final draft can be prepared in time a Joint Public Hearing between the Planning and Zoning Commission and the City Council may be called for December. A Public Hearing is required by State statutes prior to adoption of zoning changes. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 4:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal,Albanese, and Rogers. Noes: None. R. A. Nugen ayor City of Nede land, Texas ATTEST: cam. LaDonna Floyd, City Clerk City of Nederland, Texas 333 CITY OF NEDERLAND ICOUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor i/ Jeff Ortiz Council Member—Ward I Billy Neal Council Member—Ward II ✓ Don Albanese Council Member—Ward III ,;f Bert Rogers Council Member—Ward IV V Chris Duque City Manager ✓ LaDonna Floyd City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance �' I Darrell Bush Police Chief ' i Gary Collins Fire Chief L.'' Steve Hamilton Director of Public Works v' George Wheeler Building Official V Victoria Klehn Librarian 1,7" Kelly Galloway Assistant to the City Manager v/ Joni Underwood Executive Secretary is R. .Nugent, lior ILaDonna Floyd,City Clerk '1- -)'(j ,'-30 jo., Date 334 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 2, 2009 1. MEETING The special meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. AGREEMENTS/CONTRACTS Chris Duque, City Manager, explained that last week Jefferson County approved a Limited Waiver Agreement in order to allow the City of Nederland to annex a portion of the Southeast Texas Regional Airport property. He stated that a Resolution was approved by Jefferson County and the Cities of Nederland, Beaumont, and Port Arthur in 1960 that all entities agreed not to annex or seek control over any of the airport property. In order for Nederland to annex the property all parties involved must approve the Limited Waiver Agreement. The City of Beaumont will be discussing the issue this week and the City of Port Arthur will have it on their next agenda for consideration. Mark Domingue, Jefferson County Commissioner Precinct 2, thanked the Council for their consideration in this matter and feels it will be a plus for the entire community. He added that the County had been discussing how to develop this property for several years and until now nothing viable had been introduced. With Nederland Economic Development Corporation and the City working together they feel it would be in the best interest of all involved to allow Nederland to annex the property. Mr. Domingue feels that Nederland would be the most logical to annex the property for development since the City already provides water and sewer service to the airport, as well as, providing fire service through a mutual aid contract. Jesse Branick, City Attorney, stated that when preliminary meetings about this project began a couple of months ago Commissioner Domingue and Jefferson County Judge Ron Walker's assistant, Jeff Branick, were instrumental in moving the process along quickly. He thanked both Mr. Domingue and Mr. Branich for their continued efforts of the project. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to approve a Limited Waiver Agreement between the Cities of Nederland, Beaumont, Port Arthur and Jefferson County, allowing Nederland to exercise its annexation power over a portion of the Southeast Texas Regional Airport property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, November 2, 2009 3 3 4 3. STORM WATER MANAGEMENT I A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Year 2 Annual Report for the Texas Pollutant Discharge Elimination System (TPDES) Small Municipal Separate Storm Sewer System (3S4) General Permit, Authorization Number TXR040133 for the City of Nederland and authorize the Mayor to execute. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I �Z R. A. Nugen , ayor City of Nede and, Texas ATTEST: I c LaDonna Floyd, City Clerk ' City of Nederland, Texas 1 ■ 33r CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor ✓/ Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II 1� Don Albanese Council Member-Ward III ✓ Bert Rogers Council Member-Ward IV ;- Chris Duque City Manager 1✓ LaDonna Floyd City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official V Victoria Klehn Librarian ✓ Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary ✓ Ai V R.A.Nugent,M y6r LaDonna Floyd,City Clerk 9 '30 p.4, Date 337 LIMITED WAIVER AGREEMENT WHEREAS,Jefferson County and the cities of Beaumont,Port Arthur and Nederland, acting by and through their respective governing bodies,jointly sponsored a Resolution effective September 9, 1960;and, WHEREAS,such Resolution embodied an agreement by and between the signatories covenanting that none of the parties would annex or seek control over any of the lands then or thereafter constituting County Airport property;and, WHEREAS,the parties now find it desirable to agree to a limited waiver of the terms of the prior Resolution(a copy of which is attached hereto and labeled Exhibit"A")to provide an opportunity for the City of Nederland to annex a portion of the lands constituting the Southeast Texas Regional Airport(a description of said portion of property being attached hereto and labeled Exhibit`B"); NOW,THEREFORE,KNOW ALL BY THESE PRESENTS,that the Resolution of September, 1960,is hereby reaffirmed and remains in full force and effect,the parties hereto agreeing,for and in consideration of the mutual covenants herein,that a limited waiver is granted to the City of Nederland allowing it the right to exercise its power of annexation over and against the portion of the Southeast Texas Regional Airport identified by metes and bounds in the property description contained in Exhibit`B", hereto. Nothing herein shall be construed to divest Jefferson County of its continued ownership in and to said property or its right to develop said property for airport or other purposes. The remainder of the agreement embodied in the Resolution of September, 1960 shall continue in full force and effect. This agreement represents the entire agreement of the parties hereto and may not be contradicted by any parol statements made prior to or contemporaneously with its execution. This agreement shall become effective on the date executed by the final signatory to this agreement. For Jefferson County: By: County Judge Date: For the City of Nederland By. Mayor Date://'' 7--a 33 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 9, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Ortiz to approve the minutes of the regular meeting of October 26, 2009, the work session and special meeting of November 2, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 3. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to accept the departmental reports for the month of October as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 4. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to authorize the closure of portions of Nederland Avenue, Twin City Hwy., and Boston Avenue on Tuesday, December 8, 2009 for the Annual Lighted Christmas Parade. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 5. LIBRARY A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve the submission of a Special Consultant Request to the Houston Area Library System. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. I Minutes continued, November 9, 2009 3.2') 6. GRANTS A motion was made by Councilmember Rogers and seconded by Mayor Nugent to accept a 2010 Loan Star Libraries Grant from the Texas State Library and Archives Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 7. RESOLUTION A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve Resolution No. 2009-11, casting votes for the Jefferson County Appraisal District Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 8. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve payment of the bills for the month of October 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve a payment to Blastco Texas, Inc. in the amount of $23,818.50, Canal Avenue elevated water tank and the South 5th Street elevated water tank rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a payment to T & N Laboratories & Engineering in the amount of $197.00, quality control testing services relating to Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. A motion was made by Mayor Nugent and seconded by Councilmember Rogers to approve a payment to Schaumburg & Polk, Inc. in the amount of $6,596.60, improvements to Beauxart Gardens Road. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a payment to Interra Hydro, Inc. in the amount of $18,029.60, 2009 smoke testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 3 4 40 Minutes continued, November 9, 2009 9. LICENSES AND PERMITS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve a License to Encroach between Chance Ventures, Ltd. And the City of Nederland regarding property located at 5043 Bourque Road. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Neal to approve a License to Encroach between GO-Burgers, LP and the City of Nederland regarding property located at 3619 Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 10. COMMUNICATION City Manager Report: a. LNVA Raw Water Rate Increase - Mr. Duque reported that LNVA has notified the City of their intent to increase rates from $0.16/1,000 gallons to $0.18/1,000 gallons, which represents a 12.5% increase. He added that he, the Public Works Director and Finance Director are finalizing a proposed rate increase to meet increase costs in providing service. The increase will be effective January 1, 2010. b. Chamber of Commerce Monthly Coffee - Mr. Duque reported that the Chamber's monthly coffee will be held Tuesday, November 10`h, at Central Middle School. c. Tex Ritter Park - Mr. Duque also reported that the Parks Department and city staff will be decorating Tex Ritter Park on Saturday, November 14th at 8:00 a.m. Anyone wishing to volunteer to help with the decorations should report to the park that morning. 11. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. 4 R. A. Nugent,Myor City of Nederland, Texas ATTEST: CC1---Q4 Li (•/ LaDonna Floyd, City Clerk City of Nederland,Texas 341 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor I/ Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II Don Albanese Council Member-Ward III V Bert Rogers Council Member-Ward IV +� Chris Duque City Manager LaDonna Floyd City Clerk ✓ Jesse Branick City Attorney i,/ Cheryl Dowden Director of Finance c� IDarrell Bush Police Chief d Gary Collins Fire Chief Vr Steve Hamilton Director of Public Works V George Wheeler Building Official V I// Victoria Klehn Librarian _ Kelly Galloway Assistant to the City Manager V Joni Underwood Executive Secretary v A#77/ /vi --- R.A.Nugent, or 0 LaDonna Floyd,City Clerk Date 34f CITY OF NEDERLAND RESOLUTION 2009-11 WHEREAS, Senate Bill No. 621, Acts of the 66m Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland; and WHEREAS,the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act; and WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District; and WHEREAS, the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the Jefferson County Appraisal District before December 15,2007. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: Miriam Johnson Eugene Landry Charles Lankford 55 Dr. Louis Reed C. L. Sherman SO RESOLVED,this the 9 day of 1')QL- (,_.cA. , 2009. R.A. Nugent, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Ake/ Jess: Branic , !Ay Attorney City .f Ned- la d,Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. November 23, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the minutes of the regular meeting of November 9, 2009, as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. RECOGNITION Chris Duque, City Manager, reported that the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the Nederland Finance Department by the Government Finance Officers Association of the United States and Canada for the comprehensive annual financial report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by the City. This is the twelfth year in a row that the Finance Department has received this award. The Finance Director and her staff deserve recognition for this accomplishment. 4. REQUEST, A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve a request from TETON to utilize Doornbos Park for a company Christmas picnic on December 6, 2009 from 10:00 a.m. until 4:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. RESOLUTION A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve Resolution No. 2009-12, approving the 2009 tax roll as certified by the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, November 23, 2009 6. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to accept the Tax Collector Report for October 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to T & N Laboratories & Engineering in the amount of $3,071.05, Quality Control Testing Services relating to the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal,Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Carroll & Blackman, Inc. in the amount of $710.00, Phase II MS4 Permit Implementation Services (Year 3). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Neal and seconded by Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $1,632.90, Sewer Rehabilitation project; and, $9,023.85, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Brystar Contracting, Inc. in the amount of $14,946.60, Sterling Ridge Subdivision Drainage Connection project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal,Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Brystar Contracting, Inc. in the amount of $132,213.02, improvements to Beauxart Garden Road. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. CONTRACTS/AGREEMENTS A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to approve an agreement with Air Liquide Corporation, effective January 1, 2010 through December 31, 2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' Minutes continued, Novemer 23, 2009 9. JOINT PUBLIC HEARING A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to set a Joint Public Hearing between the City Council and the Planning and • Zoning Commission to be held Monday, December 14, 2009 at 4:30 p.m. for the purpose of receiving comments regarding the rezoning of"0.0889 acre tract of land out of and part of Lot 7, Block 1, Hillcrest 2"d Addition," from C-3, Neighborhood Retail to R-3, Apartment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. UTILITY RATES A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve Ordinance No. 2009-21, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 5:08 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, claim against Entergy Texas, Inc. related to municipal street lighting services and charges. 12. RECONVENE The regular meeting was reconvened at 5:25 p.m. by Mayor Nugent. He announced that the Executive Session was held for information purposes only. 13. COMMUNICATION City Manager Report: a. Extension of Marion & Ed Hughes Public Library hours — Mr. Duque reported that the Library Director has suggested opening the library on Saturdays from 10:30 a.m. to 2:00 p.m., which increases the number of hours open to the public to 43.5 hours a week. The library will not require hiring additional staff and overtime costs should remain within budget with these additional hours. The greatest financial impact will likely be increased electricity costs, which should be minimal. He added that at the end of June 2010, he and the Library Director will review the Saturday utilization and make a decision on making the change permanent. b. Thanksgiving Closure — Mr. Duque reported that in observation of the Thanksgiving holiday, City offices will be closed on Thursday, November 26th and Friday, November 27`h. Offices will re-open on Monday, November 30`h. Thursday's trash service will be postponed until Friday. c. Christmas Event on December 5th — Mr. Duque reported that the second annual Christmas event at City Hall is scheduled for Saturday, December 5th from 11AM to 1PM. Donations and local business contributions make the event possible. Flyers have been distributed to local schools and businesses to advertise the event. Minutes continued, Novemer 23, 2009 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded seconded by Councilmember Rogers to adjourn the meeting at 5:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. 0 nt ri-yor City o f Nederla as ATTEST: Joni Underwood, Deputy City Clerk City of Nederland,Texas J o�; 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R.A.Nugent Mayor v✓ AZ Jeff Ortiz Council Member-Ward I Billy Neal Council Member-Ward II V Don Albanese Council Member-Ward III •V Bert Rogers Council Member-Ward IV / Chris Duque City Manager _ / LaDonna Floyd City Clerk ✓ Jesse Branick City Attorney Cheryl Dowden Director of Finance IDarrell Bush Police Chief V Gary Collins Fire Chief I Steve Hamilton Director of Public Works f George Wheeler Building Official ✓/ Victoria Klehn Librarian �/ Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretary _ iZ � Fes�F// ‘6C ----- R.A.Nugent, ayor Ytil ti,� "U t`(C( I Joni U erwood,Deputy City Clerk Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 7, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Mayor Nugent to approve the minutes of the meeting of November 23, 2009 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to accept the November Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the payment of the bills for the month of November 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Blastco Texas, Inc. in the amount of $28,617.75, Canal Avenue elevated water storage tank and the South 5th Street elevated water storage tank rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve a payment to Carroll & Blackman, Inc. in the amount of $702.08, Phase II MS4 Permit Implementation Services (Year 2). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, December 7, 2009 A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to approve payment to Allco, Inc. in the amount of $112,534.41, Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. GRANTS A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve Resolution No. 2009-13, authorizing the submittal of a grant application to the Texas Department of Transportation - Transportation Enhancement Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. BIDS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Neal to authorize the solicitation of bids or purchase via Buy Board, HGAC, or State- approved contract for the"Water Inventory Items." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Mayor Nugent to reject all bids received for the "Nederland Swimming Pool Repairs/Improvements Project"and to authorize rebidding of the project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. COMMUNICATIONS City Manager Report: a. Second December meeting - Mr. Duque reminded Council that the next meeting will be held December 14th due to Christmas holidays. b. Christmas Parade - Mr. Duque announced that due to impending inclement weather the Chamber of Commerce has rescheduled the parade for Thursday, December 10th at 6:00 p.m. 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 5:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. R. A. NugenfMayor ATTEST: LaDonna Floyd, City Clerk CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor I/ Jeff Ortiz Council Member—Ward I / Billy Neal Council Member—Ward II Don Albanese Council Member—Ward III Bert Rogers Council Member—Ward IV // Chris Duque City Manager LaDonna Floyd City Clerk r Jesse Branick City Attorney I/ Cheryl Dowden Director of Finance Darrell Bush Police Chief ✓ I Gary Collins Fire Chief Steve Hamilton Director of Public Works 7 George Wheeler Building Official >/ Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager I/ Joni Underwood Executive Secretary ✓ R. ,.Nugent, lyor C-41,16-rs,v1 de-44 LaDonna Floyd,City Clerk I /2-0/2-C.9 Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 14, 2009 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve the minutes of the December 7, 2009 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 3. DEPARTMENT REPORT A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Parks and Recreation monthly report for the month of November as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 4. REQUEST A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a request from CHRISTUS Hospital to utilize Doornbos Park for a company picnic on Saturday, April 17, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve an Amendment to Ordinance No. 2006-01, amending the "No Parking" ordinance to implement a no parking zone on the north and south sides of Avenue B from South 9th Street to Highway 347. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 5. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Tax Collector Report for November 2009 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. Minutes continued, December 14, 2009 A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Ordinance No. 2009-22, amending the FY 2009-2010 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 6. PAYMENTS A motion was made by Mayor Nugent and seconded by Councilmember Ortiz to approve a payment to T&N Laboratories & Engineering in the amount of$3,380.46, Quality Control Testing Services relating to the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Interra Hydro, Inc. in the amount of $4,507.40, 2009 Smoke Testing Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Waterscape Consultants, Inc. in the amount of $22,041.89, engineering services for the swimming pool and building project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve a payment to DSR &Associates in the amount of$6,970.20, Canal Avenue and South 5th Street elevated water storage tanks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Walker Partners in the amount of $1,804.19, Water Treatment Plant evaluation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 7. GRANT A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to authorize the submittal of a Staffing for Adequate Fire and Emergency Response (SAFER) Grant application to the U. S. Department of Homeland Security. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal,Albanese, and Rogers, Noes: None. 1 Minutes continued, December 14, 2009 8. PUBLIC HEARINGS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Resolution No. 2009-14, setting Public Hearing dates for the purpose of receiving comments regarding the annexation of the frontage property adjacent to the Southeast Texas Regional Airport. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to set a Public Hearing to be held on Monday, January 11, 2010 at 4:30 p.m. for the purpose of receiving questions and/or comments regarding the proposed Zoning Ordinance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to set a Public Hearing to be held on Monday, January 4, 2010 at 4:30 p.m. for the purpose of receiving questions and/or comments regarding the rezoning of 0.889 acre tract of land out of and part of Lot 7, Block 1, Hillcrest 2nd Addition, from Neighborhood Retail Zoning to Apartment Zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers, Noes: None. 9. COMMUNICATION City Manager Report: a. Christmas Closure - Mr. Duque reminded Council that City offices will be closed December 24th and 25th for the Christmas holidays. There will be no interruption in garbage service and roll off containers will be available at the warehouse for citizens to dispose of Christmas trees and trash. 10. ADJOURN. There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 5:20 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. R. A. Nuge/ ayor City of Ned- land, Texas ATTEST: LaDonna Floyd, City Cle k City of Nederland,Texas r CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET I NAME TITLE PRESENT ABSENT R.A.Nugent Mayor V Jeff Ortiz Council Member-Ward I I/ Billy Neal Council Member-Ward II L/ Don Albanese Council Member-Ward III ,/ Bert Rogers Council Member-Ward IV ✓ - Chris Duque City Manager ✓ LaDonna Floyd City Clerk V.' Jesse Branick City Attorney Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief ✓ I Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works ,✓ George Wheeler Building Official ,/ Victoria Klehn Librarian L✓ Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretary >k X17 Cr(R.A.Nugenyor LaDonna Floyd,City lerk I i f2 . 'y. i.)c1 Date