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2010SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January 4, 2010 1. MEETING The special meeting was called to order at 4:31 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. JOINT PUBLIC HEARING The special meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rezoning of 0.0889 acre tract of land out of and part of Lot 7, Block 1, Hillcrest 2nd Addition from Neighborhood Retail Zoning to Apartment Zoning. Planning and Zoning Commission Board Members present were: C. J. Schexnaider, Jack Porter, and Scott Watjus. Chris Duque, City Manager, reported that Ricky Salenga requested that the above ' described property be rezoned as indicated. He added that the Planning and Zoning Commission recommends approval of the request. George Wheeler, Building Official, reported that the property is currently owned by the Knights of Columbus and they are interested in selling it. He added that due to the property not having all the necessary requirements to meet City codes for construction the only person they could potentially sell it to would be Mr. Salenga because he owns the adjacent property. Mr. Salenga wants to construct apartments at this location. Councilmember Rogers asked if the issue of emergency vehicle access has been addressed. Mr. Wheeler stated that he has provided written requirements that would need to be followed regarding emergency vehicle access to the Knights of Columbus and Mr. Salenga. Mr. Salenga has stated that he will maintain a private road to allow emergency vehicle access. The ingress /egress will be documented and recorded in the real property records of Jefferson County. Councilmember Ortiz asked Mr. Salenga when he would begin construction, however, Mr. Salenga did not have a definite date. There being no further questions and /or comments the Joint Public Hearing was adjourned and the special meeting was reconvened at 4:45 p.m. by Mayor Nugent. 3. ZONIN A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve Ordinance No. 2010 -01, rezoning 0.889 acre tract of land out of 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. 4. BIDS /PURCHASES A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to authorize the purchase of video cameras for the Nederland Fire Department through HGAC in an amount not to exceed $25,320.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. PAYMENTS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve payment to the Nederland Economic Development Corporation in the amount of $40,622.85, drainage, alley, and street improvements on and near Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. CONTRACT /AGREEMENTS Chris Duque, City Manager, explained that at the March 9, 2009 meeting, the repair and painting of the Canal Avenue and South 5th Street elevated water tanks bid was awarded to Blastco TX, Inc. in the amount of $225,750.00. This amount included "additive alternate" price for a clear coat application of special polyurethane paint to the Canal Avenue tank exterior, which would provide additional gloss retention and ultra - violet light protection to prevent chalking and fading of the gold finish coat. The proposed Change Order alters the signage on the tower from block lettering to script ( "Nederland Bulldogs ") and revised the paint system to be used. The contract price will remain the same. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve Change Order No. 1 (no change in contract price) for the contract with Blastco TX, Inc. for the repair and painting of the Canal Avenue and South 5tn Street elevated water storage tanks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. ORDINANCE II� A motion was made by Mayor Pro Tem Neal to approve Ordinance No. 2010 -02, setting the Mayor's compensation at $183.33 /month and each member of the City ' Council's compensation at $150 /month. MOTION DIED FOR LACK OF A SECOND. ' A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve Ordinance No. 2010 -02, setting the Mayor's compensation at $133.33 /month and each member of the City Council's compensation at $100 /month, effective June 1, 2010 for the Mayor, Council Ward II, and Council Ward IV, and June 1, 2011 for Council Ward I and Council Ward III. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, and Albanese. Noes: Councilmembers Ortiz and Rogers. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas [l R. A. Nugent, or City of Nederlahb, Texas 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 11 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 1/ Darrell Bush Police Chief ,/ Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official f Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary / ✓ && I t� R. A. Nugent, or LaDonna Floyd, City Clerk /` y- /'Q Date 1 1 1 1 ORDINANCE NO. 2010 -02 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, SETTING THE MONTHLY STIPEND FOR THE MAYOR AND MONTHLY COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND THE REPEAL OF ALL OTHER INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT. WHEREAS, the City Council of the City of Nederland, Texas, now desires to set the compensation for the Mayor and City Council members; and WHEREAS, the City of Nederland Home Rule Charter provides, in SECTION 3.04 - COMPENSATION, that "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 shall be set by ordinance but may not be increased during the current term of the Mayor and Councilmember enacting such ordinance" and WHEREAS, Local Government Code, Vernon's Texas Codes Annotated, Section 141.004., entitled "Officers in Home Rule Municipalities ", states: "The governing body of a Home Rule municipality may set the amount of compensation for each officer of the municipality." NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION 1. Compensation. (1) The monthly stipend for the Mayor shall be $150.00 per month. (2) The monthly stipend for each member of the City Council shall be $100.00 per month. (3) The Mayor and members of the City Council shall also be reimbursed for actual expenses incurred while on official City business. (4) Compensation shall be reviewed annually for budget adjustments. SECTION 2. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Nederland, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. SECTION 3. Open Meetings It is hereby found and determined that the meeting at which this ordinance was passed were open to the public, as required by Chapter 551 of the Texas Government Code, and that advance public notice of time, place, and purpose of said meeting was given. SECTION 4. Repeal All ordinances in force when this ordinance becomes effective and which ordinances are inconsistent or in conflict with this ordinance are hereby repealed, insofar as said ordinances are inconsistent or in conflict with this ordinance. 0 )C PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this the A' day of January , 2010. r( vt RA. ug nt, or City of Nederld4ld, Texas ATTEST: La onna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jeso Bra c, City Attorney Ci of N Berland, Texas 1 1 • w 1 ORDINANCE NO. 2010-01 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, AMENDING ORDINANCE NO. 2001 -17 ( "ZONING ORDINANCE "); PROVIDING CHANGES IN ZONING DESIGNATION; PROVIDING ZONING MAP DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Nederland, Texas, finds and determines that it is in the best interest of the City to make changes to the zoning of certain areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT there shall be a change from Neighborhood Retail Zoning to Apartment Zoning of the property described as follows: "0.889 acre tract of land out of and part of Lot 7, Blk. 1, Hillcrest 2nd Add." THAT this ordinance shall be effective from and after its passage and publication, as required by law. PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this the 04"' day of January , 2010. ATTEST: La Donna Floyd, City C k' City of Nederland, Texas R. A. e , Mayor City of Ned rland, Texas ' APPROVED AS TO FORM AND LEGALITY: Je a Br ck, City Attorney City of ederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. January 11, 2010 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. INVOCATION AND PLEDGE OF ELLEGIANCE Chris Duque, City Manager, gave the invocation and Councilmember Rogers lead the pledge of allegiance. 3. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve the minutes of the December 14, 2009 and January 4, 2010 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. 4. PROCLAMATION Mayor Nugent presented Danny Mallet with a Proclamation declaring January 2010 as "Crime Stoppers Month" in Nederland. Chief Bush thanked the Mayor and Council for their support of Crime Stoppers. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a Proclamation declaring January 2010 as "Crime Stoppers Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. DEPARTMENTAL REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the December 2009 Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 Minutes continued, January 11, 2010 6. JOINT PUBLIC HEARING ' The regular meeting was recessed and a Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 4:36 p.m. by Mayor Nugent. Members of the Planning and Zoning Commission present: C.J. Schexnaider, Jack Porter, Mark Griffin, Scott Watjus, Mark Byars Chris Duque, City Manager, stated that staff has worked with a consultant to develop a revised Zoning Ordinance. On November 2nd, a workshop was held with the City Council to discuss the proposed revisions, and on December 15C, the Planning & Zoning Commission conducted a Public Hearing to review the proposed revisions and receive questions and /or comments regarding the proposed changes. They have recommended approval of the ordinance. Mr. Duque reviewed the proposed changes as follows: The new Zoning Ordinance consists of changes to the description of permitted uses for each zoning district: • The single family district remained the same. • The current R -2 multi - family district's name has changed to R -2 Duplex district. • The permitted uses within the R -2 Duplex district has changed from allowing construction of a tri -plex or a four -plex to limiting the construction to only single - family and two - family duplex structures. • The current R -3 apartment district's name has changed to R -3 multi - family district. • In the commercial and industrial districts, multi - family construction is prohibited. The current parking requirement for residential property has changed to prohibit the parking on grass with -in the front yard: • Parking in the front yard is prohibited unless the construction of the parking area is of concrete or asphalt. • New construction will be required to utilize concrete or asphalt in constructing the parking area and driveway. • Existing construction will be required to upgrade the parking area to concrete or asphalt if they are parking on the grass. • Driveways for existing construction can remain if constructed of an all weather material (ex. rock, limestone etc.). The last major change was to the existing non - conforming use section of our current ordinance. The changes here consist of adding more descriptive language such as: • describing the regulations that deems a use or structure as nonconforming. • changing of a nonconforming use. • expansion of a nonconforming use or structure. • abandonment of a nonconforming use or structure. • the restoration and completion of nonconforming structures. Paul Delord, 2924 Seattle, addressed Council to voice his opposition to the no parking in front yards and opposition to any more apartments being built in the City. I There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 5:15 p.m. by Mayor Nugent. i Mutes continued, January 11, 2010 l i 7. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Councilmember ' Albanese to authorize the closure of various City streets for Nederland Heritage Festival activities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. PROPERTY Chris Duque, City Manager, reported that the Nederland Police Department purchased a number of new desktop computers and laptops for the office staff, detectives, and administration. Staff requests permission to declare surplus the old, obsolete desktop computers and laptops in accordance with the City's Retired Computer Disposal Policy: • DELL GX270 Tower- serial # 71BL851 • DELL GX240 Tower - serial # HM9GM11 • DELL GX270 Tower - serial # 65YF331 • DELL GX270 Tower - serial # 32BL851 • DELL GX270 Tower - serial # IMHN631 • DELL GX270 Tower - serial # 22BL851 • Latitude C600 Laptop - serial # 17BZK01 • Inspinon2600 Laptop - serial # 8JX4Q11 City employees will have an opportunity to purchase the computers. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to declare miscellaneous computers as surplus. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve payments to Schaumburg & Polk, Inc. as follows: $2,300.00 2009 Cocnrete Street Rehabilitation project; $6,321.55, Beauxart Garden Road Improvement project; and, $9,883.30, 2009 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 Albanese to approve a payment to Walker Partners, LLC in the amount of $5,100.00, Water Treatment Plant evaluation. 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 a payment to Nederland Economic Development Corporation in the amount of $9,000.00, drainage improvements on and near Boston Avenue. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, 7anuary 11, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to a approve payment to Brystar Contracting, Inc. in the amount of $162,972.50, improvements to Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve a payment to T & N Laboratories & Engineering in the amount of $1,160.60, 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 Allco, Inc. in the amount of $138,937.63, 2009 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 Albanese to approve a payment to DSR & Associates in the amount of $7,582.80, engineering services related to the Canal Avenue and South 5`h 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 Waterscape Consultants, Inc. in the amount of $7,155.69, engineering services related to the Nederland swimming pool and concession stand. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. ORDINANCE A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2010 -03, amending the FY 2009 -2010 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. 2010 -04, Zoning Ordinance, contingent upon removing Section 21 - Landscaping. 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 Change Order No. 1 in the amount of +$58,209.85 with Allco, Inc., concrete street rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, January 11, 2010 12. COMMUNICATION ' City Manager Report: a. Boston Avenue Brick Repair Work – Mr. Duque reported that as part of the 2010 Street Program and as previously discussed, he has authorized the repair of the brick pavers on Boston Avenue at a cost of $9,856. Funds from the Street Improvement line -item in the Streets Department will be utilized for this project. Staff followed the City's Purchasing policy and the lowest quote has been awarded the project — Salenga Construction. The brick pavers were installed as part of an Enhancement Project but have deteriorated with spots that have sunk; while being repaired, staff will be able to ascertain the cause of the deterioration. The work is scheduled to be completed before Heritage Festival in March. 13. ADJOURN There being no further business a motion was made by Mayor R. A. Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:59 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. ATTEST: Joni l'+jiderwood, Deputy City Clerk City of Nederland, Texas R. A. Nu ent, yor ' City of Nederl d, Texas 1 1 1 01,11 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 Ro ers Council Member —Ward IV Chris Du ue City Manager / LaDonna Floyd City Clerk Jesse Branick City Attorney/ Cheryl Dowden Director of Finance f Darrell Bush Police Chief Ga Collins Fire Chief Steve Hamilton Director of Public Works i George Wheeler Building Official Victoria Klehn Librarian Gallows Assistant to the City Manager -Kelly Joni Underwood Executive Secretary lJ j_� 4, e C �; ___, — R. A. Nugent, Ma r I a, W * U,, �,,- Joni Unde ood, Deputy City Clerk // o Date ORDINANCE NO. 2010-03 ' 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 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 11th DAY OF JANUARY, A.D., 2010. R. A. Nugent, Wyor City ofNederlffid, Texas 1 1 1 1 f' r, BUDGET ORDINANCE AMENDMENT — ATTACHMENT A WATER & SEWER FUND Amend Water & Sewer Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $77,750 and increase line item as detailed below: Increase 50 -60 -00 -6740 Plant Equipment $ 77,750 Appropriate additional funds to cover insurance deductible and additional work needed for the Canal Avenue Water Tower project. A previous budget amendment was approved in October 2009 for $185,000. Contracts let for the project total $262,750; DSR Engineering $37,000 and Blastco $225,750. 016 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. January 25, 2010 MEETING The meeting was called to order at 4:30 p.m. by Mayor Pro Tern Billy Neal at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Rogers gave the invocation and Councilmember Ortiz lead the pledge of allegiance. 3. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the minutes of the January 11, 2010 meeting as written. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. ' 4. DEPARTMENTAL REPORT A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to accept the December Monthly Report for the Inspections Department. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 4:34 p.m. by Mayor Pro Tern Neal for the purpose of receiving questions and /or comments regarding the annexation of the frontage property adjacent to the Southeast Texas Regional Airport (Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County, recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the William Carroll League, Abstract No. 13 and the T. &N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas). ' 7 Minutes continued, January 25, 2010 Chris Duque, City Manager, explained that in accordance to State statutes two public hearings are required prior to completion of annexation. He added that a notice of the public hearing was mailed to all property owners, as well as Nederland Independent School District. Robert Turner, JK Chevrolet, asked what City services they can expect after annexation. Mr. Duque stated that in addition to fire and water services that are currently provided, they will be immediately provided with police services. There being no further questions and /or comment the Public Hearing was adjourned and the regular meeting was reconvened at 4:37 p.m. by Mayor Pro Tern Neal. 6. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Tax Collector Report for December 2009 as presented. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve Ordinance No. 2010 -05, amending the FY 2009 -2010 budget. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. ' 7. PAYMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve payment of the bills for the month of December 2009. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payments to Schaumburg & Polk, Inc. as follows: $1,819.25, Beauxart Garden Road improvement project; and, $2,872.50, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve a payment to Blastco Texas, Inc. in the amount of $41,060.25, Canal Avenue and South 5`" Street elevated water storage tank rehabilitation projects. MOTION CARRIED. Ayes: Mayor Pro Tem Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. ' A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Brystar Contracting, Inc. in the amount of $36,951.20, Beauxart Garden Road. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. C. Minutes continued, January 25, 2010 A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of $422.00, Phase II MS4 Permit Implementation Services (Year 3). MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. S. WAIVER A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to authorize the Jefferson County Mosquito Control District to fly at low altitudes for the application of pesticides for the control of mosquitoes within the city limits of Nederland. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. 9. RESOLUTION A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve Resolution No. 2010 -01, 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 2010. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. 10. ORDINANCES I A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve Ordinance No. 2010 -06, adopting a golf cart ordinance. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2010 -07, suspending Entergy Texas, Inc.'s proposed rate increase contained in their application filed on December 30, 2009. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. 11. ELECTION A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve Resolution No. 2010 -02, calling for an election to be held May 8, 2010 for the purpose of electing the Mayor and two Councilmembers - one from Ward II and one from Ward IV. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. ' Noes: None. Absent: Mayor Nugent. Minutes continued, 3anuary 25, 2010 12. BIDS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to award bids received for water inventory items to HD Supply, Beaumont, TX. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. Chris Duque, City Manager, reminded Council that at the December 7th meeting, the bids received for the swimming pool repairs /improvements were rejected and rebid; two bids were received and opened on January 14`h. Following direction given by the Council, the bid was separated into a base bid and differing alternates or schemes. Scheme 1 is the Base Bid, which is limited to bringing the pool into compliance with federal and state regulations, fills the existing wading pool, provides piping for future improvement projects (splash pad and spray features in the pool), relocates the existing water slide to comply with regulations, utilizes a handicap swim lift for ADA compliance, and removes the diving board (safety concerns). Scheme 2 (Alternate 1) includes much of the same work as the Base Bid but includes noticeable enhancements; the pool is expanded with a zero -depth entry (beach access) meeting ADA requirements and spray features (bubblers and a rain drop feature) would be installed in the beach area. Scheme 3 (Alternate 2) expands the scope of Scheme 2 with the addition of a new water slide by the existing water slide and the installation of a splashpad at the wading pool area. Mr. Duque added that at the December 14, 2009 meeting Council adopted a budget amendment to allocate $400,000 for the swimming pool project; at its September ' 30th meeting, the Nederland EDC Board voted to fund $90,000 of the project with the understanding that the City could request additional funding once bids were received. The low bidder was Progressive Commercial Aquatics, Inc., Houston, TX, and bid amounts, excluding concession stand /bathhouse and engineering costs are as follows: Base bid (Scheme 1) - $401,856; Alternate 1 (Scheme 2) - $500,226; and Alternate 2 (Scheme 3) - $599,939. Mr. Duque reported that the Parks Advisory Board has recommended Scheme 2 in the amount of $500,226. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to award bids received for the swimming pool repairs /improvements project to Progressive Commercial Aquatics, Inc., Houston, TX, for the base bid (Scheme 1) in the amount of $401,856, contingent upon approval of Nederland Economic Development Corporation participation. MOTION FAILED — TIE VOTE. Ayes: Councilmembers Albanese and Rogers. Noes: Mayor Pro Tern Neal and Councilmember Ortiz. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to award bids received for the swimming pool repairs /improvements project to Progressive Commercial Aquatics, Inc., Houston, TX, for the Alternate 1 (Scheme 2) in the amount of $500,266, contingent upon Nederland Economic Development Corporation participation. MOTION FAILED — TIE VOTE. Ayes: Councilmembers Ortiz and Rogers. Noes: Mayor Pro Tern Neal and Councilmember Albanese. r ) ­ ' Minutes continued, January 25, 2010 13 A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to postpone awarding bids received for the swimming pool ' repairs /improvements project. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. The regular meeting was recessed at 5:20 p.m. by Mayor Pro Tern Neal 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 5:45 p.m. by Mayor Pro Tern Neal. He announced that the Executive Session was held for informational purposes only. 15. COMMUNICATIONS City Manager Report: a. Special meeting on February 1s' - second of the two required annexation Public Hearings. He added that the swimming pool repairs /improvements will also be included on that agenda. 16. ADJOURN I There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Albanese to adjourn the meeting at 5:46 p.m. MOTION CARRIED. Ayes: Mayor Pro Tern Neal, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Nugent. � � A Bil y Neal, Mayor Pro Tem City of Nederland, Texas ATTEST: ' - I C1 LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 1 i CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Jeff Ortiz Council Member- Ward I t `. Bill 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 Ci Attorney Cheryl Dowden Director of Finance i✓ 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 � ✓ > Billy Neal, Mayor Pro Tern ' LaDonna Floyd, City Clerk l- ,25 Date n2? RESOLUTION NO. 2010 -01 ' 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 2010 WHEREAS, Entergy Texas, Inc.'s ( "ETI ") implementation of customer choice has ceased due to Senate Bill 1492 and 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 year; WHEREAS, ETI is scheduled to litigate its request in various proceedings before the Public Utility Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2010 related to various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations; and for any type of incremental base rate adjustment proceedings or a cost of service adjustment; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2010, and file other fuel proceedings during 2010 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 to be refunded to Texas customers; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with it Energy Efficiency Plan; I 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. Cade §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. UTII.. 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 reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission or with municipalities in 2010 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City of Nederland shall participate with other Cities to intervene in fuel or I fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2010 concerning ETI's rates charged to Texas customers. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with ' participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED AND APPROVTD by the City Council of the City of Nederland, Texas, this 02,5r day of gr stn e 2010. 14 O o Billy Neal, Mayor Pro Tem City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk �� City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: #Bra City Attorney nd, Texas 1 1 o ?3 0, '? �, ORDINANCE NO. 2010-05. , 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 revenues and expenditures as set out in Attachment "A" and Attachment `B" 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; WHEREAS, the City Council finds that the budget for 2009 -10 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 2009 -10 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 25" DAY OF JANUARY, A.D., 2010. Bill, MagurBroTem I City of Nederland, Texas 1 1 1 BUDGET ORDINANCE AMENDMENT — ATTACHMENT A EQUIPMENT REPLACEMENT FUND - GENERAL Amend Equipment Replacement Fund - General by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $20,000 and increase line item as detailed below: Increase 34 -00 -00 -6742 Motor Vehicles $ 20,000 Appropriate funds encumbered at September 30, 2009 for loose equipment to be used on new Pierce Pumper to include, cut off saw with blades, door spreaders, tools, nozzles, A.E.D., etc. An order was placed last fiscal year, however, equipment was not needed since truck would not be delivered until the current fiscal year. 026 BUDGET ORDINANCE AMENDMENT — ATTACHMENT NT B LIBRARY SPECIAL FUND Amend as follows: Increase 21 -00 -00 -4375 Hebert Foundation Grant Revenue $ 23,500 Increase 21 -55 -01 -6212 Books and Publications 7,000 Increase 21 -55 -01 -6393 Contractual Services 15,000 Increase 21 -55 -01 -6400 Special Programs 1,500 Funds were received from the Wilton and Effie Mae Hebert Foundation in the amount of $37,500. The Library was awarded a grant from the Foundation larger than the anticipated amount of $14,000. 1 1 ,w ORDINANCE NO. 2010 -06 AN ORDINANCE AMENDING CITY OF NEDERLAND, CODE OF ORDINANCES, CHAPTER 102 "TRAFFIC AND VEHICLES ", ADDING A NEW ARTICLE IV, "GOLF CARTS" IN COMPLIANCE WITH TEXAS TRANSPORTATION CODE, SECTION 551.403 and 551.404 AS AMENDED OR SUPERSEDED; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND TEXAS: SECTION 1. CHAPTER 102 — AMENDMENT That Section 102 "Traffic and Vehicles" of the Code of Ordinances, City of Nederland, Texas, be amended by adding a new Article IV "Golf Carts" to read as follows: IV. GOLF CARTS Section 102 -330. Definition A Golf Cart has the meaning assigned by the Transportation Code Section 502.001. Further, Golf Cart means a motor vehicle with not less than three wheels designed by the manufacturer primarily for transporting persons on a golf course without regard to the mode of propulsion or any modifications made to the body, chassis, or any portion of the golf cart by any person. Golf carts specifically exclude go -carts, neighborhood electric vehicles, off road vehicles, utility vehicles, and all terrain vehicles, as defined by the Texas Transportation ' Code. Section 102 -331. Operation in master planned community, public /private beach, public highway An operator may operate a golf cart in compliance with Texas Transportation Code, Section 551.403 as amended or superseded; 1. in a master planned community; a. that has in place a uniform set of restrictive covenants; and b. for which a county or municipality has approved a plat; 2. on a public or private beach; or 3. on a public highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated: a. during the daytime; and b. not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course. Section 102 -332. Use within corporate boundaries Golf carts may be operated within the corporate city limits on streets with a posted speed limit of not more than thirty -five (35) miles per hour. Section 102 -333. Use prohibited on any state highway within corporate boundaries Golf cars are prohibited on any state highway located within the corporate boundaries of the city. Section 102 -334. Equipment required ' A golf cart must have the following equipment to operate within the corporate city limits: 1. headlamps 2. tail lamps 3. reflectors 4. parking brake, and 5. mirrors. �r ,Y Section 102 -335. Exclusions and limitations. The following exclusions and limitations apply to the operation of any golf cart in the City of Nederland. (1) Golf carts may only be operated by persons with a valid operator's permit and /or driver's license. (2) Golf carts may only be operated upon a public street or highway with a speed limit of not more than 35 mph unless otherwise restricted. (3) A golf cart may cross a street or highway with a speed limit of more than 35 mph if said crossing occurs at an intersection and said crossing is perpendicular to the street or highway with a posted speed limit of more than 35 mph. (4) Golf carts must move to the right and yield the right of way to faster moving vehicles. (5) All golf carts must be equipped with a slow moving vehicle emblem. (6) The driver and every occupant of a golf cart must remain seated in a seat designed to hold passengers, while the golf cart is in motion. (7) No person may ride in the lap of the driver or any other occupant. Section 102 -336. Penalties (1) Any violation of this Article is subject to penalties and /or fines under Section 1- 4 of the General Penalty; Continuing Violations of the Municipal Code and /or applicable traffic laws. Sections 102 -337 through 102 -440 Reserved for future use SECTION 2. REPEALING CLAUSE Any previously adopted ordinances, and any subsequent amendments to them, which are in conflict with this Ordinance, are all hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is the intention of the City Council of the City of Nederland that if any phrase, sentence, section or paragraph of this ordinances shall be declared unconstitutional or otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remainder of this ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or paragraph. 1 1 SECTION 4. EFFECTIVE DATE AND PUBLICATION This ordinance shall take effect from and after its passage by the City Council and publication. The City Clerk is hereby directed to give notice hereof by causing the caption of ' this ordinance to be published in the official newspaper of the City of Nederland. 1 APPROVED and PASS D BY THE CITY COUNCIL of the City of Nederland, Texas this the �Z� day o6 2010. ATTEST: LaDon Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes,4 BranicX,Itity Attorney Ci of Ne Hand, Texas 1 1 CII�TY O� � F NEDEERL�ANN%D, TEXAS / Billy Ideal, Mayor Pro Tem City of Nederland, Texas ORDINANCE NO. 2010 -07 , ORDINANCE OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE FEBRUARY 3, 2010, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS ", FILED ON DECEMBER 30, 2009; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; 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 December 30, 2009 Entergy Texas, Inc. ( "ETI ") filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $198.7 million per year; and WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act §33.001(a); and WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment I and rate of return and retain the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the Electric Utility under Public Utility Regulatory Act § 33.023; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment it is necessary to suspend the effective date for implementing the proposed rates until at least May 4, 2010 in order to allow the City's rate experts sufficient time to determine the merits of ETI's proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing analyzing, and investigating ETI's $198.7 million rate increase request, City's efforts will be coordinated with similarly situated municipalities through the Entergy Texas, Inc. Cities Service Area Steering Committee; and WHEREAS, the City will join with other ETI service area municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; 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 resolution are hereby in all things approved and adopted. Section 2. The effective date of ETI's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until May 4, 2010 in order to complete the review and investigation by City's ' experts. Section 3. The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. ' Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of ETI before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. Section S. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to ETI for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from ETI through the service of requests for information. Section 7. ETI shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultant and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section S. 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 9. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this day of ' �C 2010. i Billy Neal, Mayor Pro Tem City of Nederland, Texas ATTEST: LaDonnFloyd, City ClerkT City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse Brani c ity Attorney C� Cit of Ne Hand, Texas 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 4:30 p.m. February 1, 2010 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 4:30 p.m. for the purpose of receiving questions and /or comments regarding the annexation of the frontage property adjacent to the Southeast Texas Regional Airport (Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County, recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the William Carroll League, Abstract No. 13 and the T. &N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas). Chris Duque, City Manager, explained that this is the second of the two required ' Public Hearings as prescribed by State annexation statutes. The ordinance to approve the annexation will be on the February 22, 2010 agenda for consideration. There being no questions and /or comments the Public Hearing was adjourned and the special meeting was reconvened at 4:32 p.m. 3. BIDS Chris Duque, City Manager, stated that due to the tie votes during the last regular meeting the swimming pool repairs /improvements was placed on this agenda for consideration with a full quorum present. (See January 25, 2010 meeting minutes) He added that the Parks Advisory Board, Director of Public Works, and Parks Supervisor are recommending that Alternate 1 (Scheme 2) be awarded to Progressive Commercial Aquatics, Inc. in the amount of $500,226.00. Mr. Duque concurs with their recommendation. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to award bids received for the swimming pool repairs /improvements to Progressive Commercial Aquatics, Inc., Houston, TX, in the amount of $500,226.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: Mayor Pro Tern Neal. I Minutes continued, February 1, 2010 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 4:41 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: �U"y,. Ertl LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 17kW 12,��--- ' )U R. A. Nugent, Ma r City of Nederlan , Texas 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 Attorne ✓ Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief 9/ 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. Nugen , ayor LaDonha Floyd, City Cler Date 1 1 1 () 3 WORK SESSION OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:00 p.m. February 8, 2010 MEETING The work session was called to order at 4:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. STREET PROGRAM Chris Duque, City Manager, reviewed the proposed 2010 Street Program that is budgeted at approximately $984,636.00. Following are proposed amounts for each project associated with the street program: $323,330.15, concrete repairs; $49,622.85, downtown repairs; $10,000.00, brick pavers repair; $55,000.00, road patching; $25,000.00, street striping; $50,000.00, crack sealing; $10,000.00, base sampling; $15,000.00, engineering; $431,683.00, hot mix overlay; and, $15,000.00, contingency. 3. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 4:31 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None, ATTEST: I h�Md LaDonna Floyd, City Clerk City of Nederland, Texas 1 R. Nuge /mayor City of Ned land, Texas 4:30 p.m. 1. MEETING REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND February 8, 2010 The meeting was called to order at 4:32 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Rogers lead the invocation and pledge of allegiance. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Albanese to approve the minutes of the regular meeting of January 25, 2010 and the special meeting of February 1, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. DEPARTMENTAL REPORTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to accept the January 2010 Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. POLICE DEPARTMENT A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to accept the Racial Profiling Report from the Nederland Police Department as required by Article 2.132(b)(7) of the Texas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. FINANCIALS 1 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2010 -08, amending the FY 2009 -2010 budget. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, February 8, 2010 7. CONTRACTS /AGREEMENTS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Rogers to authorize the City Manager to execute a contract with Pace Auction Service & Sales, Inc. to conduct an auction of surplus City property on April 10, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. PAYMENTS A motion was made by Mayor Pro Tern Neal and seconded by Mayor Pro Tern Albanese to approve the payment of the bills for the month of January 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 a payment to Walker Partners in the amount of $6,120.00; Water Treatment Plant evaluation. 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 $26,835.75, ' Canal Avenue and South 5`h Street elevated water storage tank rehabilitation projects. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. HEALTH AN DENTAL INSURANCE A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Neal to approve the extension of an Interlocal Agreement with the City of Port Neches regarding employee group benefits. 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 contract with City- County Benefits Services for services associated with the negotiating, bidding, and awarding of employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to appoint Terry Hale of City- County Services as the agent of record for the purpose of managing the competitive bid process for employee group benefits. ' MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, February 8, 2010 A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to authorize the solicitation of bids for employee group benefits. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 30. STREET PROGRAM A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the proposed 2010 Street Program (see February 8, 2010 work session minutes). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. 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 551.071, consultation with City Attorney. 12. RECONVENE The regular meeting was reconvened at 5:57 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. I 13. COMMUNICATION City Manager Report: a. City offices closed Presidents' Day (February 15`") - trash and garbage services will be delayed one day. 14. AD30URN There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Albanese to adjourn the meeting at 5:58 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, � J or City of Nederlartfi, Texas ATTEST: �C �� C C14 LaDonria Floyd, City Clerk , City of Nederland, Texas 1 1 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 V✓ 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 6&tv4z"(--- R. A. Nugent, M or ' LaDonna Floyd, City CIS i Date 04() ORDINANCE NO. 2010-08 ' 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 8th DAY OF FEBRUARY, A.D., 2010. R. A. Nug , Mayor City of Nederland, Texas 1 1 1 1 0,4? BUDGET ORDINANCE AMENDMENT — ATTACHMENT A EQUIPMENT REPLACEMENT FUND - GENERAL Amend Equipment Replacement Fund - General by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $535,467 and increase line item as detailed below: Increase 34 -00 -00 -6742 Motor Vehicles $ 535,467 Appropriate funds remaining in the Equipment Replacement Fund for purchase of a Fire Department Pierce Pumper Truck. During fiscal year 08 -09 the Fire Department was authorized by City Council to purchase a new pumper truck as a replacement vehicle at a cost not to exceed $543,643. Funds were budgeted and the order placed, however, delivery of the truck and subsequent payment will not be made until delivery which is expected in March 2010. STREET IMPROVEMENT FUND Amend Street Improvement Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $200,000 and increase line item as detailed below: Increase 39 -00 -00 -6730 Street Improvements $ 200,000 Appropriate funds remaining in the Street Improvement Fund which included funds budgeted in fiscal year 08 -09 for the concrete repair project. Work did not begin on the concrete repair project until the current fiscal year. REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. February 22, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve the minutes of the February 8, 2010 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. PUBLIC HEARING , A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to call for a Public Hearing to be conducted at 4:30 p.m. on Monday, March 22, 2010 for the purpose of receiving questions and /or comments regarding the rehabilitation or condemnation and demolition of an abandoned and dilapidated structure at 728 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. GRANT A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to authorize the submission of a grant application to the Foundation for Southeast Texas for the Nederland Parks & Recreation 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 Councilmember , Rogers to approve a one (1) year contract renewal with Servall Services, Inc. for janitorial services at municipal facilities. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, February 22, 2010 A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to ' terminate a Subscription Agreement with Premier Election Solutions, contingent upon written confirmation from Premier regarding no fees to terminate agreement. 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 eVantage Contract with Hart InterCivic, Inc. for election services, contingent upon confirmation of termination of Premier Election Solutions, Inc. contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Tax Collector Report for January 2010. MOITON 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 accept the Quarterly Investment Report as presented by the Finance Department. 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. 2010 -09, amending the FY 2009 -2010 budget. 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 Rogers to approve a payment to Waterscape Consultants, Inc. in the amount of $4,029.84, engineering services related to the Nederland Swimming Pool and concession stand. 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 payment to T & N Laboratories in the amount of $491.20, Quality Control Testing Services related to the Beauxart Garden Road 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 Ortiz to authorize a payment to Carroll & Blackman, Inc. in the amount of $1,309.00, Phase II MS4 Permit Implementation Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, February 22, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve final payment to Beck Disaster Recovery, Inc. in the amount of I $24,805.71, debris monitoring services following Hurricane Ike. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Resolution No. 2010 -03, certifying urgent need conditions in regards to Hurricane Ike Round 2 funding. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. ANNEXATION A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve Ordinance No. 2010 -10, annexing 156.08 acres of property adjacdent to the Southeast Texas Regional Airport (Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County, recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's , Office, Jefferson County, Texas, together with 39.26 acres of land located within the state of Texas Right of Way for U.S. Highway No. 69, 96, and 287 as situated in and a part of the William Carroll League, Abstract No. 13 and the T. &N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 5:00 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 5:15 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 13. COMMUNICATION City Manager Report: ' a. HOFNOD (Hooked on Fishing, Not on Drugs) fishing derby sponsored by the Rotary Club will be Saturday, February 27 `h at Doornbos Park. ! `. !j -1 Minutes continued, February 22, 2010 14. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:17 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, yor City of Nederl nd, Texas ATTEST: �0-y'lL- C LaDonna Floyd, City derk City of Nederland, Texas 1 1 f', 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 11 l� Don Albanese Council Member —Ward III 1/ 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 George Wheeler Building Official Victoria Klehn Librarian L� Kelly Galloway Assistant to the City Manager Joni Underwood Executive SecretaryI% k�j " �-� R. A. Nugent, or LaDonna Floyd, City Clerk' o2'v2� -/O Date 1 1 . 04- 1 ORDINANCE NO. 2010-09 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 revenues and expenditures as set out in Attachment "A" and Attachment `B" 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; WHEREAS, the City Council finds that the budget for 2009 -10 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 2009 -10 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 22nd DAY OF FEBRUARY, A.D., 2010. R. A. N gent #yor City of Nederland, Texas Mi BUDGET ORDINANCE AMENDMENT — ATTACHMENT A I GENERAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $12,000 and increase line item as detailed below: Increase 01 -21 -00 -6391 Support of Animal Shelter $ 12,000 Appropriate funds from fund balance for support of animal control operations. The City of Nederland has shared the cost of the Mid - County Animal Crematorium with the cities of Groves and Port Neches for operation of a crematorium. Recently, the crematorium was reconstructed at a cost of $47,661.64. The City of Bridge City has recently joined this venture, reducing the City's share to one forth of the operational costs. GENERAL FUND and FIRE DEPARTMENT SPECIAL FUND Amend General Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $16,735 and increase line items as detailed below: General Fund Increase 01 -90 -00 -6924 Transfer to Fire Department Special Fund $ 16,735 Fire Department Special Fund Increase 24 -00 -00 -4910 Transfer In from General Fund $ 16,735 , Increase 24 -22 -06 -6265 Supplies/Minor Tools & Equipment $ 10,535 Increase 24 -22 -06 -6333 Training & Travel $ 6,200 Appropriate prior year funds for support of Fire Department Rescue Team. The fire department received funds from Sunoco and Chevron in a prior fiscal year, however, funds remained unspent at year end. These funds were deposited in the general fund and were included in unreserved fund balance at September 30, 2009. In order to track restricted donations as well as legally restricted grant revenue, a special fund has been created to monitor these funds and to track expenditures for fire department operations. 1 049 L BUDGET ORDINANCE AMENDMENT — ATTACHMENT B GENERALFUND Amend as follows: Increase 01 -00 -00 -4350 Federal Grant Revenue $ 30,000 Increase 01 -21 -00 -6111 Overtime 5,621 Increase 01 -21 -00 -6265 Supplies/Minor Tools & Equipment 15,465 Increase 01 -21 -00 -6747 Radio/Radar Equipment 8,914 The Police Department applied for and was awarded a grant in the amount of $30,000 for a community policing initiative program. The project activities for this grant include purchase of traffic safety and enforcement equipment as well as overtime funding to supplement extra radar enforcement in problem areas. FIRE DEPARTMENT SPECIAL FUND Amend as follows: Increase 24 -00 -00 -4410 Rescue Team Donations. $6,500 Increase 24 -22 -06 -6265 Supplies/Minor Tools & Equipment 2,000 Increase 24 -22 -06 -6333 Training & Travel 4,500 A donation was received from Sunoco, Inc. for the Fire Department's Rescue Team Training and ' Equipment. 1 CITY OF NEDERLAND ORDINANCE NO. 2010 -10 ' AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY. TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY; AND ADOPTING A SERVICE PLAN. WHEREAS, Chapter 43, Subchapter C, of the Texas Local Government Code and Section 1.04 of the Home Rule Charter of the City of Nederland, Texas, an incorporated city, authorizes the annexation of territory, subject to the laws of this state. WHEREAS, the procedures prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland, Texas, and the laws of this state have been duly followed with respect to the following described territory, to wit: Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County, recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson County, Texas, together with 39.26 acres of land located within the State of Texas Right of Way for U.S. Highway No. 69, 96 and 287 as situated in and a part of the William Carroll League, Abstract No. 13 and the T. &N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a point located at the intersection of the Westerly line of U.S. Highway No. 69, 96 and 287 (Right of Way width varies) with the Southeasterly line ' of Viterbo Road (based on a width of 60 feet) marking a Northerly corner of the herein described tract of land, this point also being located on the Northwesterly line of said 185.12 acre tract and the City Limit line of the City of Nederland, Texas by Ordinance No. 1997 -14, said beginning point having a coordinate value of North 13,932,168.25 and East 3,545,132.31; (1) THENCE North 36 deg. 14 min. 07 sec. East along a projection of the Southeasterly line of Viterbo Road, crossing said U.S. Highway No. 69, 96 and 287 Right of Way a distance of 429.57 feet to a point located within the Right of Way for Canal Avenue at the intersection with the Northeasterly Right of Way line of said U.S. Highway No. 69, 96 and 287 marking the Northeast corner of the herein described tract of land; (2) THENCE South 39 deg. 44 min. 48 sec. East along said Northeasterly Right of Way line a distance of 7.19 feet to a point located at the intersection of the South Right of Way line of Canal Avenue marking an angle point of corner; (3) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,529.02 feet, a delta angle of 01 deg. 06 min. 05 sec., an arc distance of 548.44 feet, a chord distance of 548.43 feet and a chord bearing of South 40 deg. 49 min. 34 sec. East to an angle point for corner; (4) THENCE South 44 deg. 04 min. 41 sec. East continuing along said Northeasterly Right of Way line a distance of 207.20 feet to an angle point for corner; (5) THENCE South 44 deg. 38 min. 53 sec. East continuing along said Northeasterly Right of Way line a distance of 100.00 feet to an angle point for corner; (6) THENCE South 44 deg. 14 min. 44 sec. East continuing along said Northeasterly Right of Way a distance of 244.77 feet to an angle point for corner; (7) THENCE South 43 deg. 51 min. 19 sec. East continuing along said Northeasterly ' Right of Way line a distance of 334.27 feet to an angle point for corner; (8) THENCE South 39 deg. 38 min. 29 sec. East continuing along said Northeasterly Right of Way line a distance of 246.48 feet to a 1/2" steel rod found marking an angle point for corner; 051 . (9) THENCE South 41 deg. 07 min. 53 sec. East continuing along said Northeasterly Right of Way line a distance of 298.47 feet to a 1/2" steel rod found marking an angle ' point for corner; (10) THENCE South 43 deg. 58 min. 12 sec. East continuing along said Northeasterly Right of Way line a distance of 342.83 feet to an angle point for corner; (11) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,547.97 feet, a delta angle of 00 deg. 44 min. 06 sec., and an arc distance of 366.20 feet, a chord distance of 366.20 feet and a chord bearing of South 45 deg. 22 min. 40 sec. East to a 1/2" steel rod found located at the intersection of the South Right of Way line of Helena Avenue with said Northeasterly Right of Way line marking an angle point for corner; (12) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,548.00 feet, a delta angle of 03 deg. 31 min. 50 sec., an arc distance of 1759.09 feet, a chord distance of 1758.81 feet and a chord bearing of South 47 deg. 19 min. 04 sec. East to an angle point for corner; (13) THENCE South 53 deg. 14 min. 48 sec. East continuing along said Northeasterly Right of Way line a distance of 32.40 feet to a point marking the Southeast corner of the herein described tract of land, this point being located at the intersection of the said Northeasterly Right of Way line of U.S. Highway No. 69, 96 and 287 with the projection of the South line of the property currently owned by Jefferson County, designated as the Southeast Texas Regional Airport Property; (14) THENCE South 37 deg. 10 min. 37 sec. West along said projection line, over and across said U.S. Highway No. 69, 96 and 287 Right of Way, passing at a distance of 368.63 feet to a 1/2" steel rod found located on the Southwesterly Right of Way line of U.S. Highway No. 69, 96 and 287 marking the Southeast corner of said Jefferson County Airport property and Northeast corner of the Airport Business Park Subdivision as recorded in Volume 15, Page 184 of said Map Records and continuing along the North line of said Airport Business Park Subdivision on the South line of ' said Jefferson County Airport property and a Jefferson County Drainage District No. 7 150 feet wide Drainage Easement for a total distance of 988.15 feet to a point marking the Southwest corner of the herein described tract of land, this point also being located on the Northerly line of the City Limit for the City of Port Arthur; (15) THENCE North 61 deg. 25 min. 00 sec. West along the Westerly line of this tract and Easterly line of an unnamed street (based on a width of 80 feet) located within the said Jefferson County Airport property a distance of 1059.37 feet to an angle point for corner and a point of curvature of a curve to the left; (16) THENCE continuing along said Easterly Right of Way line with said curve to the left having a radius of 150.00 feet, a delta angle of 45 deg. 05 min. 07 sec., an arc distance of 118.03 feet, a chord distance of 115.01 feet and a chord bearing of North 83 deg. 57 min. 33 sec. West to an angle point for corner and point of tangency of said curve; (17) THENCE South 73 deg. 29 min. 53 sec. West continuing along the Northeasterly Right of Way line of said unnamed street a distance of 1115.63 feet to a point located at the intersection of the Northeasterly Right of Way line of said unnamed street with the Easterly line of Airport 3r° (third) Street (based on a width of 60 feet), this point marks an "Ell" corner of the herein described tract of land; (18) THENCE North 16 deg. 30 min. 07 sec. West along the said Easterly Right of Way line of Airport 3r° Street a distance of 430.76 feet to an angle point for corner and point of curvature of a non - tangent curve to the left; (19) THENCE continuing along said Easterly Right of Way line of Airport 3rtl Street with said curve to the left having a radius of 300.00 feet, a delta angle of 89 deg. 55 min. 43 sec., an arc distance of 470.87 feet, a chord distance of 424.00 feet and a chord bearing of North 61 deg. 28 min. 30 sec. West to an angle point for corner and point of tangency of said curve; (20) THENCE South 73 deg. 33 min. 38 sec. West continuing along the Easterly Right of Way line of Airport 3r° Street a distance of 133.87 feet to a an angle point for corner and point of curvature of a non - tangent curve to the right; (21) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street and said curve to the right having a radius of 232.50 feet, a delta angle of 113 deg. 48 min. 19 sec., an arc distance of 461.81 feet, a chord distance of 389.55 feet and a chord bearing of North 49 deg. 32 min. 12 sec. West to an angle point for corner located at the intersection of the said Easterly Right of Way line of Airport 3rd Street ' with the Southeasterly Right of Way line of Jerry Ware Drive (based on a width of 100 feet), this portion of Jerry Ware Drive located within the Southeast Texas Regional Airport and Jefferson County property; (22) THENCE North 28 deg. 01 min. 45 sec. East along the said Southeasterly Right of Way line of Jerry Ware Drive a distance of 1437.57 feet to a point marking the Southwest corner of the TxDOT Right of Way for Jerry Ware Drive and U.S. Highway No. 69, 96 and 287, this point also marks an "Ell" corner of the herein described tract of land; (23) THENCE North 61 deg. 57 min. 06 sec. West along the West line of said TxDOT Right of Way a distance of 100.00 feet to a point marking the Northwest corner of said TxDOT Right of Way and an "Ell" corner of the herein described tract of land; (24) THENCE North 39 deg. 00 min. 07 sec. East along the Northwesterly line of said TxDOT Right of Way distance of 7.75 feet to a point located on the Easterly line of First Street (based on a width of 60 feet) marking an "Ell" corner of the herein described tract of land; (25) THENCE North 54 deg. 02 min. 34 sec. West along the Easterly Right of Way line of First Street a distance of 235.31 feet to an angle point for corner and point of curvature of a curve to the right; (26) THENCE continuing along the Easterly Right of Way line of First Street with said curve to the right having a radius of 290.00 feet, a delta angle of 27 deg. 24 min. 12 sec., an arc distance of 138.70 feet, a chord distance of 137.38 feet and a chord bearing of North 40 deg. 20 min. 28 sec. West to an angle point for corner and point of tangency of said curve; (27) THENCE North 26 deg. 38 min. 23 sec. West continuing along said Easterly Right of Way line of First Street a distance of 174.25 feet to an angle point for corner and , point of curvature of a curve to the left; (28) THENCE continuing along said Easterly Right of Way line of First Street with said curve to the left having a radius of 350.00 feet, a delta angle of 26 deg. 11 min. 32 sec., an arc distance of 160.00 feet, a chord distance of 158.61 feet and a chord bearing of North 39 deg. 44 min. 09 sec. West to an angle point for corner and point of tangency of said curve; (29) THENCE North 52 deg. 49 min. 55 sec. West continuing along the Easterly Right of Way line of First Street a distance of 370.27 feet to a point located at the intersection of the said Easterly Right of Way line of First Street with the said Southeasterly Right of Way line of Viterbo Road and the City of Nederland City Limit line marking the Northwest corner of the herein described tract of land; (30) THENCE North 36 deg. 14 min. 07 sec. East along the said Southeasterly Right of Way line of Viterbo Road with the City of Nederland City Limit line a distance of 656.21 feet to the POINT OF BEGINNING and containing in area 116.82 acres of land, in the Jefferson County Property and 39.26 acres in the U.S. 69, 96 and 287 State Highway Right of Way encompassing a total area of 156.08 acres of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the heretofore described property is hereby annexed to the City of Nederland, Jefferson County, Texas, and that the boundary limits of the City of Nederland be and the same are hereby extended to include the above described territory within the city limits of the City of Nederland, and the same shall hereafter be included within the territorial limits of said city, and ' the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Nederland and they shall be bound by the acts, ordinances, resolutions, and regulations of said City. n i,� A service plan for the area is hereby adopted and attached as Exhibit "A ". ' The City Clerk if hereby directed to file with the County Clerk of Jefferson County, Texas a certified copy of this ordinance. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 22nd day of February , 2010. 1 1 RAgent, a#r City of Nederlatfd, Texas ATTEST: LaDonna Floyd, City Clerk' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: I ]e a Bra is , City Attorney ty of Ne erland, Texas Notes: Coordinates, bearings and distances referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83 Grid Scale Factor: 0.99992277 Acreage expressed in Surface Area. An Exhibit of even date is being submitted with this metes and bounds description. 05A� Exhibit A ' CITY OF NEDERLAND ANNEXATION SERVICE PLAN I. INTRODUCTION This Service Plan ( "Plan") is made by the City of Nederland, Texas ( "City ") pursuant to Chapter 43 of the Local Government Code ( "the Act "). This Plan relates to the annexation by the City of approximately 116.82 acres of land ( "Tract") located in Jefferson County, Texas, generally West of the City and adjoining the existing City boundaries. The Tract is described by metes and bounds in Exhibit A and by map in Exhibit B which are included as a portion of this Plan. II. TERM: EFFECTIVE DATE This Plan will be in effect for a term of ten (10) years commencing upon the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General: This Plan includes two (2) service programs; the Early Action Program, ' described below, and the Capital Improvement Program, described below. B. Scope and Quality of Services: Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City, including the Tract, where differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. C. Definitions As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other areas of the City. This may include causing or allowing private utilities, governmental entities, and other public service organizations to provide such services, in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that service is requested or at the time that the service is made ' available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees CITY OF NEDERLAND Annexation Service Plan Page 2 05� or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program Statutory Services: The statutory services will be provided within the Tract within the period required by State law. Service will be provided in accordance with the following schedule: Police Protection: within ten (10) days of the effective date of the annexation. Fire Protection: within ten (10) days of the effective date of the annexation. Dispatching Services: within forty-five (45) days of the effective date of the annexation. Solid Waste Collection: within sixty (60) days of the effective date of the annexation. Inspections: within ten (10) days of the effective date of the annexation. Planning: within ten (10) days of the effective date of the annexation. Code Enforcement: within ten (10) days of the effective date of the annexation. Roads, Streets, and Drainage: within sixty (60) days of the effective date of the annexation. Street Lighting: within sixty (60) days of the effective date of the annexation. The developer of the tract will, however, be responsible for the installation ' of street lights in accordance with City policies. Parks and Recreation: within ten (10) days of the effective date of the annexation. Library Facilities: within ten (10) days of the effective date of the annexation. Maintenance of Water Facilities: dependent upon existing circumstances. Maintenance of Wastewater Facilities: dependent upon existing circumstances. Other City Services: within sixty (60) days of the effective date of the annexation. 2. The statutory services are individually identified as follows: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, in handling of complaints and incidents reports, and, as appropriate, support by special units of the Department, including animal control services. b. Fire Protection: The Nederland Fire Department and the Nederland Volunteer Fire Department, Inc. will provide fire protection and fire prevention activities within the Tract. c. Dispatching Services: Mid County Central Dispatch will provide dispatching services to the Tract. ' d. Solid Waste Collection: The City will provide residential garbage and trash collection service to eligible property owners. To be eligible for this service, property must have frontage on a public street and garbage must be placed in a 0 5 EITY OF NEDERLAND Annexation Service Plan Page 3 City- provided container. Residential garbage and trash collection service shall be ' provided in accordance applicable City' Ordinances, polices, and/or procedures currently in effect or as subsequently amended. Commercial and industrial service will be provided by private contractors. e. Inspections: Building/construction services, including enforcement of building code requirements, plan review, and on -site inspections, will be provided by the City to the Tract. f. Planning: Planning/zoning services will be provided by the City to the Tract. The proposed zoning designations for this area are indicated in Exhibit C. g. Code Enforcement: Code enforcement personnel will enforce the City's housing code and ordinances regarding junk motor vehicles, high weeds, unsafe buildings, and illegal dumping of refuse. h. Maintenance of Roads, Streets, and Drainage: The Department of Public Works will provide maintenance of roads, streets, traffic control devices, and drainage facilities not maintained by the Texas Department of Transportation. Maintenance will be provided to those right -of -ways that have previously been dedicated and accepted as public facilities, accepted for maintenance by Jefferson County, and ' that have actually been utilized for public purposes. i. Street Lighting: Street lighting will be made available in accordance with City policy. j. Parks and Recreation: Since there are no such public facilities within the Tract, any future maintenance of parks, playground, and recreation facilities will result from the acquisition and development of such facilities by the City. Persons residing in the Tract shall have the same access to City facilities as in currently afforded to Nederland residents. k. Library Facilities: Library services will be provided from existing and future facilities. Residents of the Tract will be eligible for borrowing privileges, as specified by the City's policies, as is currently afforded to Nederland residents. 1. Maintenance of Water Facilities: Water services will be available subject to applicable City Ordinances, policies, and/or procedures currently in effect or as subsequently amended, and applicable Certificate of Convenience and Necessity regulations. Water rates will be the same as that which is applied throughout the City if water service is provided to this Tract directly from the City. m. Maintenance of Wastewater Facilities: Wastewater service will be available ' subject to applicable City Ordinances, policies, and/or procedures currently in effect or as subsequently amended. Wastewater rates will be the same as that CITY OF NEDERLAND Annexation Service Plan Page 4 ,n w ' which is applied throughout the City. For those properties which do not currently have wastewater service, this service will be available subject to City policy. n. Other City Services: Other City services, to the extent applicable to persons or properties within the Tract, will be provided in accordance with standard City policies and procedures. E. Capital Improvement Program. Construction of capital improvement shall be considered by the City in the future, as the needs dictate, on the same basis as such capital improvements are considered throughout the City. 1. Police Protection: Additional capital improvements are not necessary at this time nor anticipated in the future. 2. Fire Protection: The long -term provision of service to the Tract may require capital improvements. The Tract will be included with other territory in connection with new, revised, or expanded fire fighting facilities. 3. Dispatching Services: Additional capital improvements are not necessary at this time nor anticipated in the future. 4. Solid Waste Collection: Additional capital improvements are not necessary at this time nor anticipated in the future. It may, however, be necessary to acquire another trash truck at some time in the future. 5. Inspections: Additional capital improvements are not necessary at this time nor anticipated in the future. 6. Planning: Additional capital improvements are not necessary at this time nor anticipated in the future. 7. Code Enforcement: Additional capital improvements are not necessary at this time nor anticipated in the future. 8. Maintenance of Roads, Streets, and Drainage: Additional roads, streets, drainage, and/or related facilities are not necessary to serve the Tract at this time. Improvements to existing roadways may, however, be necessary to accommodate additional traffic. Future work with respect to this infrastructure will be undertaken by the City as necessary and in accordance with City policies. The Tract will be included with other territory in connection with planning for new and/or expanded facilities. 1 053 CITY OF NEDERLAND Annexation Service Plan Page 5 9. Street Lighting: Beyond street lighting made available in the Early Action Program of ' this Plan, additional capital improvements are not necessary at this time. Any additional facilities will be in accordance with City policies. 10. Parks and Recreation: Additional capital improvements are not necessary at this time nor anticipated in the future. The Tract will be included with other territory in connection with planning for new facilities. 11. Library Facilities: Additional capital improvements are not necessary at this time nor anticipated in the future. 12. Maintenance of Water Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 13. Maintenance of Wastewater Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 14. Other City Services: In general, other City functions and services, and the additional services described above, can be provided to the Tract utilizing existing capital improvements. Additional capital improvements are not necessary to provide City services, however, the Tract will be included in other territory in connection with planning for new, revised, and/or expanded services. ' IV. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this Plan shall require the City to provide a uniform level of service to each area of the City, including the annexed area, if differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. V. AMENDMENT This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. VI. FORCE MAJEURE Should a force majeure interrupt the service described herein, the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure", for the purpose of this Plan, will include, but not be limited to, acts of God, acts of the public enemy, war, blockades, tornadoes, hurricanes, arrests and restraints of government, , explosions, and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. `l This document contains the entire and integrated Service Plan relating to the Tract and supersedes all other negotiations, representatives, plans, and agreements, whether written or oral. CITY OF NEDERLAND Annexation Service Plan Page 6 ' VII. ENTIRE PLAN `l This document contains the entire and integrated Service Plan relating to the Tract and supersedes all other negotiations, representatives, plans, and agreements, whether written or oral. RESOLUTION 2010 -03 , A RESOLUTION OF THE CITY OF NEDERLAND CERTIFYING URGENT NEED CONDITIONS RELATED TO HURRICANE IKE WITHIN THE CITY OF NEDERLAND. WHEREAS, the Southeast Texas Region was adversely affected by the landfall of Hurricane Ike, September 13, 2008; and WHEREAS, the City of Nederland is located in the Southeast Texas Region; and WHEREAS, Hurricane Ike damaged infrastructure in the City of Nederland and certain infrastructure failed to perform in the necessary manner; and WHEREAS, there are urgent conditions related to Hurricane Ike damage within the City of Nederland that pose a serious and immediate threat to the health and welfare of the community; and WHEREAS, the need is of recent origin or recently became urgent; and WHEREAS, current budgetary restraints prevent the City of Nederland from repairing or upgrading said infrastructure; and WHEREAS, no other sources of funding are available to carry out activities. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the City of Nederland certifies an urgent need exists that is a threat to the health and welfare of the community. PASSED, APPROVED AND ADOPTED this the 22 "d day of February, 2010. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED FO M AND LEGALITY: h Je a Bran' k, City Attorney C ty of derland, Texas R. A. Nugen.,eZayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 8, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the minutes of the February 22, 2010 meeting as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 4. DEPARTMENTAL REPORTS A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to accept the February Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 5. CONTRACTS /AGREEMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve an agreement with Tower Medical Center in Nederland for employee alcohol and drug testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 6. ELECTION A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve an Interlocal Agreement with the Nederland Independent School District for conducting joint elections. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 062 Minutes continued, March 8, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember ' Ortiz to approve Resolution No. 2010 -04, appointing the following May 8, 2010 General Election officials: Lou Ann Simmons, Presiding Judge and Presiding Judge of Central Counting Station, Debra Killian, Alternate Presiding Judge; and LaDonna Floyd, Central Counting Station Manager. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. REQUESTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a request from First Baptist Church to utilize Doornbos Park for their annual community wide Easter Egg Hunt. 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 the installation of a street light at or near 124 Hilldale Drive. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 8. ANNEXATION ' A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve an Amendment to Ordinance No. 154, amending the ward boundary lines. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. PAYMENTS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve payment of the bills for the month of February 2010. 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 a payment to T & N Laboratories in the amount of $375.80, Quality Control Testing Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Walker Partners in the amount of $1,472.05, Water ' Treatment Plant evaluation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tern Neal. 17 1 I Minutes continued, March 8, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve a payment to Brystar Contracting, Inc. in the amount of $125,564.67, Beauxart Garden Road improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None, Absent: Mayor Pro Tem Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve payments to Schaumburg & Polk, Inc. as follows: $1,474.75, Beauxart Garden Road improvements; and, $2,019.00, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a payment to Allco, Inc. in the amount of $113,313.98, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to approve a payment to Blastco Texas, Inc. in the amount of $41,632.50, Canal Avenue and South 5th Street elevated water tank rehabilitation projects. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. 10. COMMUNICATION City Manager Report: a. Dumpster placement enforcement - Public Works has mailed a notice to all commercial trash providers regarding placement of dumpsters on City right -of- way as it has become a safety hazard in many areas. b. Nederland Heritage Festival - The festival will open Tuesday, March 9th and run through Sunday, March 14tH c. Nederland Trash Bash - Mr. Duque announced the first annual Nederland Trash Bash event will be held on Saturday, April 17th. Staff will work with the Chamber of Commerce and EDC to coordinate the event and distribute notices to local organizations, clubs, schools, and businesses to solicit volunteers. Volunteers will be provided with trash bags, gloves, and a t -shirt, as well a "thank you" get- together at Doornbos Park. 11. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:50 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Mayor Pro Tem Neal. R. A. Nugent ayor ATTEST: o& CZ:, j LaDonna Floyd, City Clerk 064 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 ll Chris Duque City Manager LaDonna Floyd City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance V/ Darrell Bush Police Chief Gary Collins Fire Chief (/ Steve Hamilton Director of Public Works y/ George Wheeler Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager l" Joni Underwood Executive Secrets R. A. Nugent, yor LP LaDonna Floyd, City Clerk Date 1 1 1 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. 1 -� t -i l" SECTION FIVE ASSIGNMENT No assignment of this Agreement shall be valid without the written consent of the CITY. SECTION SIX BREACH A breach of contract by either party shall constitute grounds for cancellation of this Agreement by the other party. However, the party who commits the breach shall have fifteen (15) days after mailing of written notice of such breach from the other party in which to correct or abate the breach and avoid the cancellation. SECTION SEVEN VENUE This Agreement is entered into and performable in Jefferson County, Texas. SECTION EIGHT EFFECTIVE DATE: TERM This Agreement shall take effect on the 1 st day of April. 2010 and shall remain in effect, subject to the provisions regarding cancellation, for a period of one year therefrom. IN WITNESS WHEREOF, the parties have executed this Agreement at Nederland, Texas on the ' day Of , 2010. TOWER MEDICAL CENTER OF NEDERLAND ATTEST: LaDonna Floyd, City By: Its: CITY OF NEDERLAND, TEXAS By: C\ Its: r') u, 1 1 1 1 I 1 EXHIBIT A AGREEMENT FOR SERVICES' APRIL, 2010 EMPLOYER: City of Nederland SUBJECT: Substance Abuse Screening Program Tower Medical Center of Nederland agrees to offer a one call, full service drug and alcohol testing program to the City of Nederland. Description of integrated services and fees shall be as listed: DOT Drug Screen $25.00 MRO (Medical Review Officer) $15.00 Review and consultation with the applicant/employees regarding his/her test results. Non -DOT Drug Screen With Confirmation $25.00 Alcohol Test $25.00 Administered at Tower Medical Center of Nederland using PBA3000 Breath Analyzer. Alcohol detections of 0.2% or greater will be automatically confirmed by a second test. This is a calibrated breath analyzer approved by the Department of Transportation (DOT), and the results are evidential. Record keeping/Retention (annual fee) $100.00 Includes a quarterly report and annual report as required by DOT. Random Generation An alphanumerically 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 AN AMENDMENT TO ORDINANCE NO. 154 ' AN AMENDMENT CHANGING THE BOUNDARY LINES OF WARDS WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND WHEREAS, the City Council of the City of Nederland is desirous of changing the boundary lines of Ward IV in order to include the area annexed on February 22, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION IV: Hence forward that Ward IV be expanded to include the following described territory: Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County, recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson County, Texas, together with 39.26 acres of land located within the State of Texas Right of Way for U.S. Highway No. 69, 96 and 287 as situated in and a part of the William Carroll League, Abstract No. 13 and the T. &N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a point located at the intersection of the Westerly line of U.S. Highway No. 69, 96 and 287 (Right of Way width varies) with the Southeasterly line of Viterbo Road (based on a width of 60 feet) marking a Northerly corner of the herein described tract of land, this point also being located on the Northwesterly line of said 185.12 acre tract and the City Limit line of the City of Nederland, Texas by Ordinance No. 1997 -14, said beginning point having a coordinate value of North 13,932,168.25 and East 3,545,132.31; , (1) THENCE North 36 deg. 14 min. 07 sec. East along a projection of the Southeasterly line of Viterbo Road, crossing said U.S, Highway No. 69, 96 and 287 Right of Way a distance of 429.57 feet to a point located within the Right of Way for Canal Avenue at the intersection with the Northeasterly Right of Way line of said U.S. Highway No. 69, 96 and 287 marking the Northeast corner of the herein described tract of land; (2) THENCE South 39 deg. 44 min. 48 sec. East along said Northeasterly Right of Way line a distance of 7.19 feet to a point located at the intersection of the South Right of Way tine of Canal Avenue marking an angle point of corner; (3) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,529.02 feet, a delta angle of 01 deg. 06 min. 05 sec., an arc distance of 548.44 feet, a chord distance of 548.43 feet and a chord bearing of South 40 deg. 49 min. 34 sec. East to an angle point for corner; (4) THENCE South 44 deg. 04 min. 41 sec. East continuing along said Northeasterly Right of Way line a distance of 207.20 feet to an angle point for corner; (5) THENCE South 44 deg. 38 min. 53 sec. East continuing along said Northeasterly Right of Way line a distance of 100.00 feet to an angle point for corner; (6) THENCE South 44 deg. 14 min. 44 sec. East continuing along said Northeasterly Right of Way a distance of 244.77 feet to an angle point for corner; (7) THENCE South 43 deg. 51 min. 19 sec. East continuing along said Northeasterly Right of Way line a distance of 334.27 feet to an angle point for corner; (8) THENCE South 39 deg. 38 min. 29 sec. East continuing along said Northeasterly Right of Way line a distance of 246.48 feet to a 1/2" steel rod found marking an angle point for corner; , (9) THENCE South 41 deg. 07 min. 53 sec. East continuing along said Northeasterly Right of Way line a distance of 298.47 feet to a 1/2" steel rod found marking an angle point for corner; n.; r (10) THENCE South 43 deg. 58 min. 12 sec. East continuing along said Northeasterly Right of Way line a distance of 342.83 feet to an angle point for corner; (11) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,547.97 feet, a delta angle of 00 deg. 44 min. 06 sec., and an arc distance of 366.20 feet, a chord distance of 366.20 feet and a chord bearing of South 45 deg. 22 min. 40 sec. East to a 1/2" steel rod found located at the intersection of the South Right of Way line of Helena Avenue with said Northeasterly Right of Way line marking an angle point for corner; (12) THENCE continuing along said Northeasterly Right of Way line with a curve to the left having a radius of 28,548.00 feet, a delta angle of 03 deg. 31 min. 50 sec., an arc distance of 1759.09 feet, a chord distance of 1758.81 feet and a chord bearing of South 47 deg. 19 min. 04 sec. East to an angle point for corner; (13) THENCE South 53 deg. 14 min. 48 sec. East continuing along said Northeasterly Right of Way line a distance of 32.40 feet to a point marking the Southeast corner of the herein described tract of land, this point being located at the intersection of the said Northeasterly Right of Way line of U.S. Highway No. 69, 96 and 287 with the projection of the South line of the property currently owned by Jefferson County, designated as the Southeast Texas Regional Airport Property; (14) THENCE South 37 deg. 10 min. 37 sec. West along said projection line, over and across said U.S. Highway No. 69, 96 and 287 Right of Way, passing at a distance of 368.63 feet to a 1/2" steel rod found located on the Southwesterly Right of Way line of U.S. Highway No. 69, 96 and 287 marking the Southeast corner of said Jefferson County Airport property and Northeast corner of the Airport Business Park Subdivision as recorded in Volume 15, Page 184 of said Map Records and continuing along the North line of said Airport Business Park Subdivision on the South line of (19) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street with said curve to the left having a radius of 300.00 feet, a delta angle of 89 deg. 55 min. 43 sec., an arc distance of 470.87 feet, a chord distance of 424.00 feet and a chord bearing of North 61 deg. 28 min. 30 sec. West to an angle point for corner and point of tangency of said curve; (20) THENCE South 73 deg. 33 min. 38 sec. West continuing along the Easterly Right of Way line of Airport 3rd Street a distance of 133.87 feet to a an angle point for corner and point of curvature of a non - tangent curve to the right; (21) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street and said curve to the right having a radius of 232.50 feet, a delta angle of 113 deg. 48 said Jefferson County Airport property and a Jefferson County Drainage District No. 7 150 feet wide Drainage Easement for a total distance of 988.15 feet to a point marking the Southwest corner of the herein described tract of land, this point also being located on the Northerly line of the City Limit for the City of Port Arthur; (15) THENCE North 61 deg. 25 min. 00 sec. West along the Westerly line of this tract and Easterly line of an unnamed street (based on a width of 80 feet) located within the said Jefferson County Airport property a distance of 1059.37 feet to an angle point for corner and a point of curvature of a curve to the left; (16) THENCE continuing along said Easterly Right of Way line with said curve to the left having a radius of 150.00 feet, a delta angle of 45 deg. 05 min. 07 sec., an arc distance of 118.03 feet, a chord distance of 115.01 feet and a chord bearing of North 83 deg. 57 min. 33 sec. West to an angle point for corner and point of tangency of said curve; (17) THENCE South 73 deg. 29 min. 53 sec. West continuing along the Northeasterly Right of Way line of said unnamed street a distance of 1115.63 feet to a point located at the intersection of the Northeasterly Right of Way line of said unnamed street with the Easterly line of Airport 3rd (third) Street (based on a width of 60 feet), this point marks an "Ell" corner of the herein described tract of land; (18) THENCE North 16 deg. 30 min. 07 sec. West along the said Easterly Right of Way line of Airport 3rd Street a distance of 430.76 feet to an angle point for corner and point of curvature of a non - tangent curve to the left; (19) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street with said curve to the left having a radius of 300.00 feet, a delta angle of 89 deg. 55 min. 43 sec., an arc distance of 470.87 feet, a chord distance of 424.00 feet and a chord bearing of North 61 deg. 28 min. 30 sec. West to an angle point for corner and point of tangency of said curve; (20) THENCE South 73 deg. 33 min. 38 sec. West continuing along the Easterly Right of Way line of Airport 3rd Street a distance of 133.87 feet to a an angle point for corner and point of curvature of a non - tangent curve to the right; (21) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street and said curve to the right having a radius of 232.50 feet, a delta angle of 113 deg. 48 min. 19 sec., an arc distance of 461.81 feet, a chord distance of 389.55 feet and a ' chord bearing of North 49 deg. 32 min. 12 sec. West to an angle point for corner located at the intersection of the said Easterly Right of Way line of Airport 31tl Street with the Southeasterly Right of Way line of Jerry Ware Drive (based on a width of 100 feet), this portion of Jerry Ware Drive located within the Southeast Texas Regional Airport and Jefferson County property; (22) THENCE North 28 deg. 01 min. 45 sec. East along the said Southeasterly Right of Way line of Jerry Ware Drive a distance of 1437.57 feet to a point marking the Southwest corner of the TxDOT Right of Way for Jerry Ware Drive and U.S. Highway No. 69, 96 and 287, this point also marks an "Ell" corner of the herein described tract of land; (23) THENCE North 61 deg. 57 min. 06 sec. West along the West line of said TxDOT Right of Way a distance of 100.00 feet to a point marking the Northwest corner of said TxDOT Right of Way and an 'Ell" corner of the herein described tract of land; (24) THENCE North 39 deg. 00 min. 07 sec. East along the Northwesterly line of said TxDOT Right of Way distance of 7.75 feet to a point located on the Easterly line of First Street (based on a width of 60 feet) marking an "Ell" corner of the herein described tract of land; (25) THENCE North 54 deg. 02 min. 34 sec. West along the Easterly Right of Way fine of First Street a distance of 235.31 feet to an angle point for corner and point of curvature of a curve to the right; (26) THENCE continuing along the Easterly Right of Way line of First Street with said curve to the right having a radius of 290.00 feet, a delta angle of 27 deg. 24 min. 12 sec., an arc distance of 138.70 feet, a chord distance of 137.38 feet and a chord bearing of North 40 deg. 20 min. 28 sec. West to an angle point for corner and point of tangency of said curve; (27) THENCE North 26 deg. 38 min. 23 sec. West continuing along said Easterly Right of Way line of First Street a distance of 174.25 feet to an angle point for corner and point of curvature of a curve to the left; (28) THENCE continuing along said Easterly Right of Way line of First Street with said curve to the left having a radius of 350.00 feet, a delta angle of 26 deg. 11 min. 32 sec., an arc distance of 160.00 feet, a chord distance of 158.61 feet and a chord bearing of North 39 deg. 44 min. 09 sec. West to an angle point for corner and point of tangency of said curve; (29) THENCE North 52 deg. 49 min. 55 sec. West continuing along the Easterly Right of Way line of First Street a distance of 370.27 feet to a point located at the intersection of the said Easterly Right of Way line of First Street with the said Southeasterly Right of Way line of Viterbo Road and the City of Nederland City Limit line marking the Northwest corner of the herein described tract of land; (30) THENCE North 36 deg. 14 min. 07 sec. East along the said Southeasterly Right of Way line of Viterbo Road with the City of Nederland City Limit line a distance of 656.21 feet to the POINT OF BEGINNING and containing in area 116.82 acres of land, in the Jefferson County Property and 39.26 acres in the U.S. 69, 96 and 287 State Highway Right of Way encompassing a total area of 156.08 acres of land, more or less. SECTION 6: If any section, portion, subdivision, clause, or provision of this ordinance shall be judged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid. 1 .s ' PASSED AND APPROVED by the affirmativ vote of`K members of the City Council of the City of Nederland, Texas this the day of M IC4 2010. R. A. Nugent ayor ATTEST: LaDonna Floyd, City Clem APPROVED AS TO FORM AND LEGALITY: G Je a Bran ck, City Attorney 1 1 1 RESOLUTION NO. 2010 -04 A RESOLUTION APPOINTING ELECTION OFFICIALS IN ACCORDANCE WITH THE TEXAS ELECTION CODE. WHEREAS, in accordance with the Texas Election Code the governing body of the City of Nederland shall appoint the Presiding Judge, Alternate Presiding Judge, and Presiding Judge of the Early Voting Ballot Board for the City of Nederland General Election to be conducted May 8, 2010. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council hereby appoints Lou Anne Simmons as Presiding Judge and Debra Killian as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed four (4) clerks; and, THAT the Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. Lou Anne Simmons is hereby appointed as the Presiding Judge for the Early Voting Ballot Board and is authorized to appoint two (2) clerks to serve on the Board. THAT the Central Counting Station will be located at 1400 Boston Avenue, Nederland, Texas. The City Council authorizes the appointment of LaDonna Floyd as the Central Counting Station Manager and Lou Anne Simmons as the Presiding Judge of the Central Counting Station. ' PASSED AND APPROVED at a regular meeting of the City Council of the City of Nederland this the r day of March , 2010. ATTEST: C:Ux rn�" W er -, , C LaDonna Floyd, City Clerk City of Nederland, Texas R. A. NugenVyayor City of Nede and, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 4:30 p.m. March 22, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve the minutes of the March 8, 2010 meeting as written. 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 February Departmental Reports for the Police Department, Fire Department, Inspection Department, and Wastewater Treatment Plant as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 4:31 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rehabilitation or condemnation and demolition of abandoned and dilapidated structure at 728 Boston Avenue. Chris Duque, City Manager, gave a brief report on the structure at 728 Boston Avenue. The structure, which is owned by Grace Baptist Church, is a danger to the public health and safety and is considered to be substandard and unfit for human habitation. The most current structure value as set by the Jefferson County Appraisal District is $56,690; according to staff, it would cost far greater than the 50% criteria (or $28,345) to make the structure habitable. ' George Wheeler, Building Official, reported the structure was last occupied in April 2008. In the title search a declaration was found that listed four trusties. One of the Minutes continued, March 22, 2010 trusties, Benny Summerlin, is in the process of trying to buy and take full control of the property. He has indicated that he is successful in obtaining the property he will ' immediately demolish the structure and clear the land. Mr. Wheeler recommended that the structure be razed and the property cleared within sixty (60) days or the City will cause the work to be done and a lien filed on the property for said amount. Benny Summerlin informed Council that he has hired an attorney to research the legalities of placing the property in his name. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:43 p.m. by Mayor Nugent. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to set a 60 -day time period for Benny Summerlin to complete the purchase /closing of the property located at 728 Boston Avenue and to comply with the demolition and removal of the structures, 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 Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. GRANT A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to ' authorize the submission of a Building Healthy Communities Grant Program application to Home Depot for the Nederland Parks and Recreation Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. STREETS AND SIDEWALKS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to authorize the closure of Boston Avenue from 15`h Street to 17th Street and 17th Street from Atlanta Avenue to Detroit Avenue for the Spindletop Streetrods & Hotrods Association car show from 5:00 p.m. on Friday, March 26`h, until 5:00 p.m. on Sunday, March 28`h. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. AUCTION A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to declare certain City supplies, vehicles, and /or equipment as surplus for an auction to be held on Saturday, April 10, 2010. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, March 22, 2010 10. FINANCIALS ' A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz to accept the Tax Collector Report for February 2010 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. PAYMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve final payment to DSR & Associates in the amount of $8.038.60 relating to the 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 Mayor Pro Tern Neal and seconded by Councilmember Ortiz to approve a payment to T & N Laboratories in the amount of $1,635.05, Laboratories for Quality Control Testing Services related 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 payments to Schaumburg & Polk, Inc. as follows: $5,166.00, Beauxart Garden Road improvements; and, $3,199.00, 2009 Sewer 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 $809.00, Phase II MS4 Permit Implementation Services (Year 3). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 12. BIDS /PURCHASE A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Rogers to authorize the purchase of a garbage truck bed and arm via BuyBoard, HGAC, or State - approved contract at an approximate cost of $102,853.00. 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 South 12`h Street Sewer Line ' Relocation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, March 22, 2010 13. HURRICANE IKE Chris Duque, City Manager, reported that since Hurricane Ike in 2008 there are still a , number of structures that have not been repaired, and many still have a "blue roof'. He added that George Wheeler, Building Official, will begin taking aggressive measures to require owners to make necessary repairs. Mr. Duque stated that those residents that have applied for housing assistance and have yet to receive any funds will be given additional time to make repairs until such funding is received. Mr. Wheeler stated that he will begin a letter writing campaign to notify the property owners that repairs are necessary and that they will be required to notify his office of any repair schedules and /or explanations as to why the repairs have not been made. 14. EXECUTIVE SESSION The regular meeting was recessed at 5:17 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. 15. RECONVENE The regular meeting was reconvened at 5:30 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 16. COMMUNICATION ' City Manager Report: a. Construction Project Update - Beauxart Garden Road, Sewer Rehab project, Concrete Repair project, and Swimming Pool project. Mr. Duque reported that the swimming pool demolition is underway and City staff is pleased with contractor; Steve Hamilton stated that the 27`" Street concrete repair work is going well and he has received no complaints from residents. He added that the street striping quotes have been obtained, as well as quotes for crack sealing project. All quotes were competitive. The asphalt overlay project will be bid soon. Beauxart Garden Road project is approximately 90% complete and anticipated to be completed mid - summer. 17. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 5:41 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 14 R. A. Nug ht, M y r City of Nederla , Texas ATTEST: ' LaDonna Floyd, City Clerk r City of Nederland, Texas 1 1 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 ✓ 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 V111 Joni Underwood Executive Secreta ✓ R. A. Nugent, M yor ' LaDonna Floyd, City Clerk Date SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 9:00 a.m. March 31, 2010 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. GRANTS Steve Curran, Port Neches Fire Chief, gave a brief overview of the 2006 Port Security Grant. The amount of the grant was $7.1 million and is being used to enhance public safety communications. Chief Curran reported that the Mid- County Central Dispatch office was remodeled using a portion of the grant funds and has allowed for the dispatchers to dispatch fire calls for all three cities — Nederland, Port Neches, and Groves. Additionally, $5.45 million of the $7.1 million was awarded for upgrade of radio systems and will allow for regional communications with area departments. He is hopeful that the project will be complete within the next few months. William Spell, IT Director, explained that equipment to enable the three departments to share information will be installed soon, with the servers being housed at Central I Dispatch. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a System Agreement with Tyler Technologies, Inc. in regards to the 2006 Port Security Grant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. CONTRACTS /AGREEMENTS A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve Change Order No. 3 in the amount of +$46,097.00 to Brystar Construction for the Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. DISCUSSION — BEAUTIFICATION Chris Duque, City Manager, stated that the first step to beautification began with the newly adopted zoning ordinance. He placed the item on this agenda to receive feedback and /or suggestions from Council and staff. George Wheeler, Building Official, stated that although we do have the dilapidated ' structure ordinance in place the City of Nederland does not currently have a true beautification ordinance. At his previous employer he wrote an ordinance that addresses property maintenance, yard conditions, etc. and insured that it followed State statutes. Mr. Wheeler added that the ordinance provides for an appeal process ' for the property owner. He discovered that upon notification from the City most home owners would comply with the order prior to charges being filed. A discussion was held on the possible need for an additional code enforcement officer /inspector in order to enforce a beautification ordinance. Steve Hamilton, Director of Public Works, discussed the current trash problem within the City. It appears that many citizens are not concerned with the trash pickup schedule and will place it on the street as soon as one pile is picked up. This results in trash being on the street for two to three weeks. He suggested that we publicize the trash pickup schedule so that property owners are more aware of when to put trash in front of their homes. Terry Morton, Assistant Fire Chief, agreed that a beautification ordinance would provide the City with another tool to require property owners to maintain their property. Mr. Duque added that although we are especially in need of a way to deal with residential property we also need to address commercial properties. Boston Avenue commercial properties have been addressed in recent years but there are numerous businesses throughout the City that need attention. We have received comments from business owners along Nederland Avenue that have noticed the Boston Avenue merchants have received assistance from the City and Nederland Economic Development Corporation and are now asking how we can help them. Tracie Killian, NEDC Director, stated that she is working on a program called PRIDE ' that would allow a business to ask for a matching grant to enhance their property by such things as painting and landscaping. She also would like to see an Adopt A Pole program be instituted that would provide businesses and /or civic clubs to have a pole in front of business locations that would be provided with four flags to fly throughout the year to promote various activities. Mr. Duque stated that it has been suggested that a Beautification Committee be appointed to discuss and make suggestions to the City Council with ideas on this subject. 5. ADJOURN There being no further discussion a motion as made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 11:15 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. NugentAVYor ATTEST: La City Cie k 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 Attorne ✓ 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. 14ugent, M 91r LaDonna Floyd, City Clerk ?- ,3r- / C) Date 1 1 1 rt� ' SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. April 5, 2010 1. MEETING The special meeting was called to order at 9:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve the following change orders to Progressive Commercial Aquatics, Inc. for the Nederland Swimming Pool Repairs /Improvements project: Change Order No. 1 in the amount of +11,900.00 to replace fourteen (14) skimmers; Change Order No. 3 in the amount of +$2,800.00 to fill in light niches with concrete and plaster over; Change Order No. 4 in the amount of $9,897.00 to install a 6" skimmer loop around perimeter of pool and make necessary connections to skimmers; and, Change Order No. 5 in the amount of $3,000.00 to install a 1" conduit around perimeter of pool deck, install four (4) 3-boxes to a 4 x 4 post, and install pull string from box to box for future use. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. ADJOURN There being no further discussion a motion as made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the meeting at 9:30 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Absent: Councilmember Albanese. ATTEST: c , "J La Donna Floyd, City Cle k City of Nederland, Texas 11 �— R. A. Nugent, F,Texas City of Nederla 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 ✓ 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 AdAla"�— R. A. Nug6nt, 05ror LaDonna Floyd, City Clerk Y-!5-/o Date 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. April 12, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Councilmember Albanese and seconded by Mayor Pro Tern Neal to approve the minutes of the regular meeting of March 22, 2010, and the special meetings of March 31, 2010 and April 5, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. 4. PROCLAMATION Mayor Nugent presented a Proclamation to Cindy Fertitta, Rape and Suicide Crisis of Southeast Texas, Inc., declaring April 2010 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 Albanese to approve a Proclamation declaring April 2010 as "Sexual Assault Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Mayor Nugent presented a Proclamation to Misty Craver, Jefferson County Crime Victims' Assistance Center, declaring April 11 -17, 2010 as "National Crime Victims' Right Week" in Nederland. Mrs. Craver thanked the Council for their continued support. A motion was made by Councilmember Albanese and seconded by Councilmember Ortiz to approve a Proclamation declaring April 11 -17, 2010 as "National Crime Victims' Right Week" in Nederland, Texas. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. f Minutes continued, April 12, 2010 S. REPORTS A motion was made by Councilmember Ortiz and seconded by Councilmember ' Rogers to accept the March 2010 Department Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Gary Graham, Walker Partners, LLC, presented the Evaluation Report on the Water Treatment Plant. Mr. Graham explained that only three of the six service pumps are operable and losing pump #4 would be catastrophic. If pump #4 did fail only pump #2 could be operated and its capacity is only 1215 gpm, much less than the City needs on an average day. They recommend that a new high service pump station with a firm capacity of 5200 gpm needs to be constructed. Additionally, the raw water pumps are pumping less than half the capacity of the Plant. These pumps need to be replaced with pumps that have a firm capacity matching the Plant's capability of 5200 gpm. He hopes to have an estimated cost by the end of the week for all deficiencies discovered during the evaluation. 6. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2010 -11, amending the FY 2009 -2010 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I 7. 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 March 2010. 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 T & N Laboratories in the amount of $342.35, Quality Control Testing Services related 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 a payment to Brystar Contracting, Inc. in the amount of $184,915.60, improvements to Beauxart Garden Road. 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 Waterscape Consultants, Inc. in the amount of ' $4,353.98, engineering services related to the Nederland Swimming Pool and concession stand project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, April 12, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember ' Ortiz to approve a payment to Progressive Commercial Aquatics, Inc. in the amount of $500,226.00, Nederland Swimming Pool repairs /improvement 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 payments to Allco, Inc. as follows: $49,772.72, 2009 Sewer Rehabilitation project; and, $264,376.26, Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. CONTRACTS /AGREEMENTS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a contract with CPAVE, Inc. for roadway crack sealing in the amount of $36,800.00. 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 contract with Crabtree Barricades for street striping services in the amount of $24,845.29. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a General Services Contract with Carroll & Blackman, Inc. for engineering services related to the South 12`h Street sewer line relocation project in the amount of $44,384.00. 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 approve Change Order No. 2, to expand the scope of the project with no change in contract price, with Allco, Inc. for the 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 Tem Neal to approve an agreement with T & N Laboratories & Engineering for Quality Control Testing Services related to the 2010 Street Program in an amount not to exceed $21,189.00, contingent upon approval 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 approve an agreement with Schaumburg & Polk, Inc. for engineering services related to the 2010 Street Program in the amount of $12,700.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ().35 a F, Minutes continued, April 12, 2010 9. ORDINANCES A motion was made by Councilmember Albanese and seconded by Councilmember ' Rogers to approve Ordinance No. 2010 -12, approving Entergy Texas, Inc.'s proposed rate refund filed on March 25, 2010. 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 Ordinance No. 2010 -13, denying Entergy Texas, Inc.'s proposed rate increase contained in their application filed on December 30, 2009. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. BIDS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to award bids received for the South 12 Street Sewer Line Relocation project to Jerry Walley Construction, LP, in the amount of $116,081.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. COMMUNICATION ' City Manager Report: a. Nederland Trash Bash - April 17`h - Mr. Duque stated that a pre -event meeting for the first annual trash bash will be Thursday, April 15`h at Doornbos Park. Donations received should offset costs associated with conducting the event. The Federal prison will be sending nine inmates to help with the clean -up. 12. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 5:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A. Nugen PNayor City of Ned land, Texas ATTEST: nn LaDonna Floyd, City Cle k City of Nederland, Texas , 1 1 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 9/ 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 Secrets r 411 u R. A. Nugent, Mager -'�Cr'V�0 ' LaDonna Floyd, City Clerk ,I-/- /a- I 0 Date 0818 ORDINANCE NO. 2010-11 ' 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 revenues and expenditures as set out in Attachment "A" and Attachment `B" 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; WHEREAS, the City Council finds that the budget for 2009 -10 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 2009 -10 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 12th DAY OF APRIL, A.D., 2010. R. A. Nugen ayor ' City of Nederland, Texas 7I L_._� 1 0C;Q BUDGET ORDINANCE AMENDMENT — ATTACHMENT A EQUIPMENT REPLACEMENT FUND -SOLID WASTE Amend Equipment Replacement Fund -Solid Waste by appropriating unencumbered funds in the amount of $102,900 and increase line item as detailed below: Increase 35 -00 -00 -6742 Motor Vehicles $ 102,900 Appropriate unencumbered funds from the current year's budgeted transfer of $150,000. This appropriation will be used for purchase of a new garbage truck bed and arm to retrofit a 2001 Peterbilt garbage truck approved by City Council at the March 22, 2010 meeting. LIBRARY SPECIAL FUND Amend Library Special Fund by appropriating unencumbered funds remaining at September 30, 2009 in the amount of $2,000 and increase line items detailed below: Increase 21 -55 -00 -6212 Books & Publications 1,500 Increase 21 -55 -00 -6265 Supplies/Minor Tools & Equipment 500 Appropriate funds received in prior fiscal year from the Nederland Heritage Festival to be used to purchase books and a digital camera for the Library. It9`0 BUDGET ORDINANCE AMENDMENT — ATTACHMENT B I LIBRARY SPECIAL FUND Amend as follows: Increase 21 -00 -00 -4340 State Grant Revenue $ 1,179 Increase 21 -55 -03 -6212 Books & Publications 1,179 The Library received a state grant from the Texas Commission on the Arts in the amount of $8,179, however, only $7,000 was budgeted as anticipated revenue in the FY 09 -10 budget. This amendment will allocate the remainder of funds to be spent in accordance with the grant requirements. .J 1 IORDINANCE NO. 2010-12 ORDINANCE BY THE CITY OF NEDERLAND, TEXAS ("CITY") APPROVING THE RATE REFUND OF ENTERGY TEXAS INC. CONTAINED IN THE STATEMENT OF INTENT FH.ED ON MARCH 25, 2010; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about March 25, 2010, Entergy Texas, Inc. ( "ETI ") filed a Statement of Intent to Adopt New Rate to implement a new Rough Production Cost Equalization ( "RPCEA'J refund ("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 $28.46 in May, $21.44 in June, $15.56 in July, and $16.07 in August for average residential customers using 1000 kWh per month of electricity; WHEREAS, the rough production cost equalization receipts were received by ETI in 2009 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 2008, Entergy Arkansas, Inc.'s ( "EAr') 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 rough production cost equalization receipts from EAI currently due to Texas retail customers to be $117.5 million, with interest, 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 2010; 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 I established in ETI's Application. Section 3. In accordance with Section 36.103(b) of the Texas Public Utility Regulatory Act ( "PURA "), the City waives the publication of notice requirement set forth in Section 36.103(a) of PURR. Section 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this 14 day of April, 20I0. R. A. Nugent, or City of Nederl d, Texas ATTEST: LaDonna Floyd, City Clerk I City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse r cl , City Attorney of City derland, Texas 1 1 091 ORDINANCE NO. 2010-13 ' AN ORDINANCE BY THE CITY OF NEDERLAND, TEXAS ("CITY ") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON DECEMBER 30, 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 December 30, 2009 Entergy Texas, Inc. ( "Entergy ") filed a Statement of Intent with the City to increase electric rates in the Entergy Service Area by $210.5 million per year; and WHEREAS, the City of suspended the effective date of Entergy's rates within its jurisdictional limits until at least May 4, 2010 and hired the Lawton Law Firm, P.C. to review the Company's rate change request and proposed tariffs; WHEREAS, the expert utility rate consultants retained to review the Company's rate increase request have made a range of proposed adjustments for areas where Entergy has not justified the need for a rate increase or has failed to comply with regulatory ratemaking requirements. These adjustments on average reduce the Company's purported annual revenue increase to zero dollars, as set out in the recommendations made to the City in the Final Rate Report to Cities Steering Committee ( "Report"). The average of the adjustment range, $207.3, would essentially eliminate any increase ' requested by Entergy. WHEREAS, the rate experts retained for the rate review have concluded that Entergy's rate filing request includes rate increases for Entergy's proposed cost of capital, cost of cash working capital, accumulated deferred income taxes, depreciation rates, cost of purchased power capacity, employee compensation — including bonus, stock awards and other compensation — benefits, federal income tax estimates, and storm reserve charges, which are unjustified by Entergy's filing; WHEREAS, Entergy has failed to justify increasing the rates previously determined to be reasonable and necessary by this City and other Texas regulatory authorities; WHEREAS, the statutory deadline to act on Entergy's rate increase request is May 4, 2010; 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 denies the rate increase and proposed tariff revisions requested in Entergy's Statement of Intent. Section 3. Entergy is hereby ordered to continue operating under its existing approved rates. A, Section 4. The meeting at which this Ordinance was approved was in all ' things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this / a day of April, 2010. R. A. Nugent, ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: r,''G arr�J.Ci . . ... ..... Jes Brani c, ity Attorney C' ofN erland, Texas 1 1 r; 095 REGULAR MEETING OF THE CITY COUNCIL OF THE t CITY OF NEDERLAND 4:30 p.m. April 26, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Albanese the minutes of the regular meeting of April 12, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' 4. PROCLAMATION Mayor Nugent presented a Proclamation to David Die declaring May 2010 as "Motorcycle Safety and Awareness Month" in Nederland. Mr. Die thanked the Council for their continued support. A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a Proclamation declaring May 2010 as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. 30INT PUBLIC HEARING A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to set four Joint Public Hearings between the City Council and the Planning and Zoning Commission to be held Monday, May 10, 2010 at 4:30 p.m. to receive questions and /or comments regarding: issuance of a Specific Use Permit for 127 N. Twin City Hwy; issuance of a Specific Use Permit for 1726 Nederland Avenue; rezoning request for 3022 Canal Avenue; and, rezoning request for 2108 Helena Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, April 26, 2010 6. FINANCIALS A motion was made by Mayor Pro Tern Neal and seconded by Councilmember ' Albanese to accept the Tax Collector Report for March 2010 as presented. 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 in the amount of $407.35, Quality Control Testing related 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 payments to Schaumburg & Polk, Inc. as follows: $4,708.50, Beauxart Garden Road project; and, $3,934.00, 2009 Sewer 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 Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of I $1,475.00, Phase II MS4 Permit Implementation Services (Year 3). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. RECESS The regular meeting was recessed at 5:00 p.m. by Mayor Nugent. 9. RECONVENE The regular meeting was reconvened at 5:06 p.m. by Mayor Nugent. 10. CONTRACTS /AGREEMENTS Chris Duque, City Manager, explained that last June the 2009 Sewer Rehabilitation project bid was awarded to Allco, LLC in the amount of $3,091,552.47. The project budget was $4.2M (after engineering fees and bond issuance fees); with the substantial budget remainder— $1.1M, staff and the project engineer have prepared a change order to include additional work. The proposed change order increases the scope of work and increases the project cost by $543,157.24 or 17.6 %, which is I below the maximum permitted by state statute. r) 7 Minutes continued, April 26, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Change Order No. 1 in the amount of +$543,157.24 (17.6 %) with Allco, Inc., 2009 Sewer 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 Change Order No. 4 in the amount of +$6,350.00, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. ORDINANCES A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve an Amendment to Ordinance No. 164, setting the calendar for regular City Council meetings from May 2010 to April 2011. 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 Ordinance No. 2010 -14, revising the Park Fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 12. AUDIT James Edwards, Edwards & Fontenote, LLP, reviewed the FY 2008 -2009 audit. Mr. Edwards stated that they issued an unqualified opinion, which is the highest possible. He commended Cheryl Dowden, Director of Finance, and City staff for their assistance in conducting the audit. A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the 2008 -2009 as presented by Edwards & Fontenote, LLP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 13. 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, Sunoco's tax abatement request; and, Chapter 551.074, City Attorney. 14. RECONVENE IThe regular meeting was reconvened at 6:02 p.m. by Mayor Nugent. Minutes continued, April 26, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to deny the tax abatement request by Sunoco for failure to meet deadline , and provide documentation as required by the agreement between the City and Sunoco; and to allow them to resubmit their request next year. 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 the monthly compensation of the City Attorney at $3,250.00 effective February 1, 2010, which is the 2009 -2010 budgeted amount. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 15. COMMUNICATION City Manager Report: a. Time Warner Cable Franchise Agreement - Mr. Duque reported that the agreement expires on August 30th and the City was notified that they have been issued the Texas State Franchise. Time Warner indicated that they will continue to provide free cable service to City buildings. He added that he and representatives from Nederland Independent School District met with Time Warner to discuss the public access channel and it appears that they will begin providing the channel to NISD. b. Hurricane Ike - Round 2 Funding - Mr. Duque reported that he and Mayor Nugent attended a roundtable discussion at the Southeast Texas Regional ' Planning Commission to discuss the delayed second round of Hurricane Ike funding. In December, staff submitted over $12M in potential projects; it appeared that the City would be awarded over $4.4M under the state's method of distribution (MOD). The US Department of Housing and Urban Development, which oversees these funds, did not approve the state's MOD due to a fair housing complaint. After months of negotiation, a compromise has been reached. At this time, it appears that our funding level will likely be reduced but we do not know to what extent. The provided timeline suggests funding will not be available until spring 2011. Until then, we will work with state and SETRPC officials to facilitate this process. 16. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 5:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A.Nuge ayor City of Nederland, Texas ATTEST: ' LaDonna Floyd, City Jerk City of Nederland, Texas 1 1 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 Attorne ✓ 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 V Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary R. A. Nugent, " or - o rYrvh-, Ez�w�N Lal onna Floyd, City Clerk -Io Date t1 �� 100 AN AMENDMENT TO ORDINANCE NO. 164 1 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 10, 2010 THROUGH APRIL 25, 2011. 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 10 and 24, 2010 June 14 and 28, 2010 July 12 and 26, 2010 August 9 and 23, 2010 September 13 and 27, 2010 October 11 and 25, 2010 November 8 and 22, 2010 December 6 and 13, 2010 January 10 and 24, 2011 February 14 and 28, 2011 March 14 and 28, 2011 April 11 and 25, 2011 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 26th day of April, 2010. R. A. Nugent ayor City of NedegAnd, Texas ATTEST: Ord LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: au0& Jeso Braqtck, Zity Attorney Ci of derland, Texas J 1 101 ORDINANCE NO. 2010 -14 ' 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. 2009 -09; 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 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. 2009 -09 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 26TH day of APRIL, 2010. &Vwv,�- R A. Nugent or City ofNederlan-a, Texas ATTEST: C)9-111 a aZL-1 ire / LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes6e B k 'City Attorney ty of ederland, Texas "Exhibit A" 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 regutered patrons Replacement cards will be issued for a 510.00 charge per card RECREATION BUILDING NON- RESIDENT FEES NISD Students (under 19 with valid School ID) No charge After hours D9ily Monthly uarterl Annual Other Non - residents (full building use) $5.00 $30.00 $80.00 $200.00 College Students $2.00 $25.00 $100.00 Game room – After -hours only Montbl Qua rter Annual Hoop -N -Spike CIub (Gym & Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club (racquetball court only) $20.00 $50.00 $120.00 All patrons, resident and non - resident, must register at front desk to be granted use of facility I.D. Required for entry — recurring non - resident visitors must register at front counter RECREATION BUILDING RENTAL FEES All activities and applications must be approved by Recreation /Aquatics Supervisor before transaction is finalized. All after -hour functions must be reserved five business days before desired date. RESIDENT Hourly rates Business hours After hours De -osit 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 1 G Ifi,� 1 NON - RESIDENT Hourly rates Business hours After hours Deposit Racquetball (per player, max. two hours, must be with resident) $4.00 N/A N/A Gymnasium (2 -hour minimum) —After hours only N/A $35.00 $100.00 Game room —After hours only N /A' $35.00 $40.00 Van Gogh (Rooms 111/122) $25.00 $35.00 $20.00 Rembrandt (Room 129) $25.00 $35.00 $20.00 Kitchen (in conjunction with any room) $2.00 $2.00 N/A Three rooms N/A $105.00 $160.00 Vermeer (Room 124) N/A N/A N/A Outdoor facilities (permit issued) N/A N/A $50.00 * *Functions exceeding 75 up to 100 persons will be charged $2.50 per person over 75 The deposit is refunded as long as everything is cleaned and no damage is done to the facility LEAGUE FEES Softball $325.00 /team Includes Affiliation dues & official's fees Basketball $ 100.00 /team Teams pay officials (referees, scorekeeper) Volleyball $ 50.00 /team Teams pay officials (referees, scorekeeper) Random Draw volleyball tournaments $5.00 /participant 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 are responsible for the behavior of all ug ests using 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. • All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. • Any function that includes the use of a disc jockey or dance - club -type music is subject to security arrangements. • All functions exceeding 75 people are subject to security arrangements. • Applicants are responsible for security arrangements when relevant and must be confirmed within 24 hours of application, otherwise the function will be cancelled. Merchant Fee — Anytime the facility is used for an event that is staged for profit or fund raising, a $200 merchant fee will be charged. This fee is in addition to all regular fees and deposits. • The Recreation /Aquatics Supervisor reserves the right to deny use of the facility; such action may be appealed to the City Council. • Food vendors are required to secure permits needed for sale of food items. • City sponsored or co- sponsored events shall not be subject to Merchant Fee. Non - profit Organizations All Nederland -based non - profit organizations (youth league board, Chamber of Commerce committees, Scout organizations, etc.) may apply for and use the Vermeer meeting room at no charge, but are subject to Recreation Building schedules. 1 1 NEDERLAND SWIMMING POOL HOURS OF OPERATION Monday Tuesday Wednesday Thursday ! Friday Saturday Sunda 8am Closed Senior Senior JSenior Senior Closed Closed Swim %Swim/Water Swim I Swim /Water i Exercise Exercise_ gam - – -- -- - - - - -' Lessons cleaning loam - -Make up J Ile-lpm 11am ! lessons Pool I 1 12pm _ Cleaning Party 1pm 2 m Closed I Open Swim for Public (small daycare groupsandprivate lessons) Open Swim 3 m 4 m 5pm Pool Parties: In- 5:30 -7:30 i Service 7:30 -9:30 ;Family Pool Parties: 5:30 -7:30 7:30 -9:30 5:30- 7:30 pool party 6-pm-7 lopm POOL FEES CURRENT PROPOSED Non- Non - Resident Resident Resident Resident PRIVATE POOL PARTY 1 -30 swimmers $ 125 $ 125 $ 100 $ 125 31 -50 swimmers $ 150 $ 150 $ 125 $ 150 51 -125 swimmers $ 200 $ 200 $ 150 $ 200 *125 is capacity OPEN SWIM Age 10 to Adult $ 3.50 $ 3.50 $ 3.50 $ 5.00 Age 5 -9 with adult admission $ 2.00 $ 2.00 $ 2.00 $ 3.00 Age 4 and under with adult admission Free Free Free Free SPECIAL EVENT RATES Age 10 to Adult $ 3.00 $ 3.00 $ 3.50 $ 5.00 Age 5-9 with adult admission $ 2.00 $ 2.00 $ 2.00 $ 3.00 Age 4 and under with adult admission Free Free Free Free 106 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 • Only valid for swimmers over the age of 10. • Parent consent and emergency contact information required at application. • No admission /attendance requirements. Family passes • All children underage of 10 require parent /guardian /adult supervision at all times, no exceptions. • Non - relative adults (baby- sitters, neighbors, etc) may be listed on application. • Additional members may be added up to seven (7 ) family members 1 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 I SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 11:00 a.m. April 30, 2010 1. MEETING The special meeting was called to order at 11:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. HEALTH INSURANCE The special meeting was recessed at 11:01 a.m. for the purpose of conducted a City of Nederland Employee Benefits Trust in regards to the bid for health insurance. 3. RECONVENE The special meeting was reconvened at 11:24 a.m. by Mayor Nugent. 4. ADJOURN There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Albanese to adjourn the meeting at 11:25 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: LaDonna Floyd, Cit Cle k City of Nederland, Texas 1 R. A. Nugen , ayor City of Ned and, Texas < r • � i 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 Attorneyt/ / 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 Secrets R. A. Nugent, or c� LaDonna Floyd, City Clerk `Y- Date 1 u 1 SPECIAL MEETING OF THE CITY OF NEDERLAND I EMPLOYEE BENEFITS TRUST 11:01 a.m. April 30, 2010 1. MEETING The meeting was called to order at 11:01 a.m. by Chairman R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. 2. HEALTH INSURANCE Terry Hale, City- County Benefits Services, summarized the bids received for employee health insurance. For comparison sake he utilized the standard option plan as a reference for his review of the bids. He indicated that due to confidentiality he would be unable to provide actual bid amounts until a selection has been made by the Trust. Mr. Hale stated that in order to maintain a similar cost the City and employees are now paying the benefit level would have to be significantly decreased. He recommended that the health insurance be re -bid. He added that the most recent bids received should not be rejected. A motion was made by Secretary Rogers and seconded by Trustee Ortiz to authorize the re- bidding of employee health insurance and not reject bids received on April 21, 2010. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. ADJOURN There being no further business a motion was made by Trustee Ortiz and seconded by Trustee Albanese to adjourn the meeting at 11:24 a.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. ' Ane�a"�" R. A. Nuge , Chairperson City of Ned4rland Employee Benefits Trust ATTEST: Bert Roger , Secrdary City of Nederland Employee Benefits Trust 169 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. May 10, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Ortiz the minutes of the regular meeting of April 26, 2010 and the special meeting of April 30, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. RECOGNITION Mayor Nugent presented a plaque to Steve Cutaia for his one -year service as the City's Safety Director. Mr. Cutaia thanked the Mayor and Council for the honor. 5. REPORTS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the April 2010 Departmental Reports as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. JOINT PUBLIC HEARINGS The regular meeting was recessed at 4:32 p.m. by Mayor Nugent for the purpose of conducting four Joint Public Hearings between the City Council and the Planning and Zoning Commission. A Joint Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the issuance of a Specific Use Permit for the property located at 127 N. Twin City Highway, described as Lots I 9 -12, Block 23, Nederland Addition. Minutes continued, May 10, 2010 George Wheeler, Building Official, reported that the Planning and Zoning Commission ' recommends issuance of the requested Specific Use Permit. Mr. Wheeler added that there were nine conditions that are recommended to be accepted by the applicant and attached to the permit. The conditions are as follows: 1. The parking requirement shall be 9 spaces measured 8' wide by 18' length and any overflow of vehicles to be repaired shall be parked on private property and not kept in a way that would create a public nuisance or unsightly condition; 2. All engine repair work shall be performed inside the enclosed building (does not include troubleshooting work); 3. No engine parts shall be stored outside unless concealed from visibility from the surrounding area; 4. The Storm Water Ordinance shall be complied with at all times to eliminate all possible illicit runoff discharges of polluntants like transmission fluid, brake fluid, oils and other likewise pollutants; 5. All exterior property shall remain free from vehicle fluid stains; 6. Vehicles parked for storage that or not part of the repair business and taking up a required parking space shall be removed or enclosed from view; 7. The approve repair work shall not include car body and painting work; 8. Limit hours of operation to 7:30 a.m. to 8:00 p.m and any afterhours repair work shall be done completely inside the building with the doors closed; and, 9. Upon approval, applicant shall record the conditions at the Jefferson County Courthouse and return a certified copy to the City. There being no questions and /or comments the Joint Public Hearing was adjourned at 4:37 p.m. by Mayor Nugent. A Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 4:37 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the issuance of a Specific Use Permit ' for the property located at 1726 Nederland Avenue, described as Lot 7, Block 1, Carter 1 Addition. George Wheeler, Building Official, reported that the Planning and Zoning Commission recommends issuance of the requested Specific Use Permit. He added that the same nine conditions on the previous request above are also recommended for this permit. There being no questions and /or comments the Joint Public Hearing was adjourned at 4:39 p.m. by Mayor Nugent. A Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 4:39 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the rezoning of the property located at 3022 Canal Avenue, described as Lot 2, Block 18I, Tract 4, PALCO from R -2 "Duplex Residential District" to R -4 "Manufactured Home District ". George Wheeler, Building Official, reported that the Planning and Zoning Commission is recommending denial of the rezoning request. He added that the manufactured home park at this location does not meet one requirement of the City's current regulations. The current ordinance requires a minimum of 2 acres and this park is only .577 acres. The park also does not meet minimum requirements regarding parking, fencing, street materials, minimum street width and a common space inside the park. ' There being no questions and /or comments the Joint Public Hearing was adjourned at 4:43 p.m. by Mayor Nugent. '41 Minutes continued, May 10, 2010 A Joint Public Hearing between the City Council and the Planning and Zoning Commission was called to order at 4:43 p.m. by Mayor Nugent for the purpose of ' receiving questions and /or comments regarding the rezoning of the property located at 2108 Helena Avenue, described as Lot 2, and East 1/2 of 3, Block 2, Cottage Grove Addition and Lot 2, and West 1/2 of 3, Block 3, Cottage Grove 2nd Addition from R -1 "Single Family Residential District" and C -2 "Neighborhood Retail Commercial District" to R -4 "Manufactured Home District ". George Wheeler, Building Official, reported that the Planning and Zoning Commission recommends the rezoning request of the above property. He added that he has inspected the park and it does meet all the regulations of the City's current Manufactured Home Park zoning. There being no questions and /or comments the Joint Public Hearing was adjourned at 4:48 p.m. by Mayor Nugent. 7. SPECIFIC USE PERMITS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve the issuance of a Specific Use Permit for the property located at 127 N. Twin City Hwy, described as Lots 9 -12, Block 23, Nederland Addition with the nine listed conditions stated above. 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 issuance of a Specific Use Permit for the property located at 1726 Nederland Avenue, described as Lot 7, Block 1, Carter 1 Addition. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. ZONING /REZONING A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to deny the rezoning request of the property located at 3022 Canal Avenue, described as Lot 2, Block 18I, Tract 4, PALCO from R -2 "Duplex Residential District" to R -4 "Manufactured Home District ". 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 the rezoning request of the property located at 2108 Helena Avenue, described as Lot 2, and East 1/2 of 3, Block 2, Cottage Grove Addition and Lot 2, and West 1/2 of 3, Block 3, Cottage Grove 2 "d Addition from R -1 "Single Family Residential District" and C -2 "Neighborhood Retail Commercial District" to R -4 "Manufactured Home District ". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, May 10, 2010 9. STREETS AND SIDEWALKS ' A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to authorize the closure of Boston Avenue from Twin City Hwy. to 13`h Street for a "Third Thursday" event on May 20, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. RESOLUTION A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to approve the first reading of Resolution No. 2010 -05, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Hamac Industries, Inc. dba Miller Electric Company. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Albanese to accept the Quarterly Investment Report as presented from the Finance Department, 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 Ordinance No. 2010 -15, amending the FY 2009 -2010 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 12. 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 April 2010. 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 T & N Laboratories in the amount of $342.35, Quality Control Testing Services related 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 Walker Partners in the amount of $8,925.00, Water Treatment Plant evaluation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I -� • r Minutes continued, May 10, 2010 A motion was made by Councilmember Albanese and seconded by Councilmember Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of ' $2,599.80, South 12th Street sewer line relocation 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 Progressive Commercial Aquatics, Inc. in the amount of $95,000.00, Nederland swimming pool repairs /improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 13. GRANTS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Neal to approve the acceptance of a grant from the Foundation for Southeast Texas for the Nederland Parks & Recreation Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 14. COMMUNICATIONS City Manager Report: a. Special Meeting May 17, 2010 - Mr. Duque reported that a Special Meeting I will be conducted on May 17th for the purpose of canvassing the May 8th General Election. 15. AD30URN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 5:25 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None, ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas R. A. , Nugen ayor City of Neddr.14and, Texas 1 1 1 '15 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 ✓ Darrell Bush Police Chief ✓ Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official �✓ Victoria Klehn Librarian Kelly Galloway I Assistant to the City Manager Joni Underwood Executive Secretary R. A. Nugent, M or ' La onna Floyd, v City Clerk 5�lD in Date `- ORDINANCE NO. 2010 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2009 -2010 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 Fiscal Year 2009 -10 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to increase revenues and expenditures as set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2009 -2010 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 10 " DAY OF MAY, A.D., 2010. 4M�mz' R. A. Nug , Mayor City of Ne erland, Texas ATTEST: LaDonna Floyd, City Clerk" City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Jess Branic , CXy Attorney Cil of Ned land, Texas tFISCAL ACCOUNT TITLE CURRENT BUDGET YEAR: PROPOSED BUDGET DATE: General Office Supplies DEPARTMENT: (100.00) FUND: 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 May 10, 2010 Various General Fund ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01 -1100 -6210 General Office Supplies 300.00 (100.00) 200.00 01 -1100 -6265 Supplies/Minor Tools & Equipment 400.00 (250.00) 150.00 01- 1100 -6317 Reimbursement 5,500.00 (1,500.00) 4,000.00 01- 1200 -6313 Legal Services 45,000.00 (3,000.00) 42,000.00 01- 1300 -6115 Extra Help 1,500.00 500.00 1,000.00 01- 1300 -6210 General Office Supplies 5,000.00 2,000.00 3,000.00 01- 1300 -6220 Miscellaneous Supplies 5,000.00 (1,000.00) 4,000.00 01 -1900 -6348 Electricity 16,000.00 1,000.00 15,000.00 01- 1900 -6350 Bldg/Structure Improvement 6,000.00 (1,000.00) 5,000.00 01- 1900 -6351 Fixed Plant & Equipment R &M 3,000.00 (1,500.00 ) 1,500.00 01 -2100 -6111 Overtime 155,621.00 70,000.00 225,621.00 01- 2100 -6210 General Office Supplies 7,000.00 1,000.00 6,000.00 01- 2100 -6222 Motor Vehicle Fuel 52,000.00 7,000.00) 45,000.00 01- 2100 -6231 Wearing Apparel 22,000.00 (2.000.00 ) 20,000.00 01- 2100 -6331 Telephone 10,000.00 1,000.00 9,000.00 01- 2100 -6355 Vehicle & E ui ment R &M 25,000.00 (2,000.00 ) 23,000.00 01- 2101 -6115 lExtra Help 22,000.00 2,000.00 20,000.00 01- 2101 -6222 1M.tor Vehicle Fuel 8,000.00 (2.000.00)1 6,000.00 Net Effect to Fund Balance 399,021.00 1 41,150.00 1 430,471.00 JUSTIFICATION Department Heads have reviewed their individual budgets and certain line -items were overfunded. Funds are also needed for Public Safety overtime. Remaining funds will be utilized to offset Sales Tax Revenue deficiencies. Dept. Head Signature: Date: I Finance Director: Date Approved: Date: Date Posted: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2009 -2010 ' DATE: May 10, 2010 DEPARTMENT: Various FUND: General Fund ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01- 2102 -6393 Contractual Services 88,100.00 43,100.00) 45,000.00 01- 2200 -6111 Overtime 65,000.00 5,000.00 70,000.00 01- 2200 -6265 Supplies/Minor Tools & Equipment 16,000.00 (5,000.00) 11,000.00 01- 2200 -6333 Training & Travel 10,000.00 (1,000.00) 9,000.00 01- 2400 -6111 Overtime 1,500.00 (1,200.00 300.00 01- 2400 -6210 General Office Supplies 4,470.00 (1,470.00) 3,000.00 01- 2400 -6212 Books & Publications 460.00 540.00 1,000.00 01- 2400 -6333 Training & Travel 3,800.00 2,200.00) 1,600.00 01- 2400 -6393 Contractual Services 35,000.00 2,000.00) 33,000.00 01- 3100 -6222 Motor Vehicle Fuel 32,000.00 (3,000.00 ) 29,000.00 01- 3200 -6111 Overtime 9,000.00 (1,000.00) 8,000.00 01 -5100 -6270 Equipment Maintenance & Repair 5,000.00 (1,000.00) 4,000.00 01.5100 -6393 Contractual Services 52,000.00 (15,000.00 ) 37,000.00 01 -5500 -6115 Extra Help 40.000.00 4,000.00 36,000.00 01 -5500 -6333 Training & Travel 1,015.00 (500.00) 515.00 01- 9000 -6406 Contingency 120,000.00 10,000.00 130,000.00 01- 1600 -6312 Consultant Services 1,000.00 (1,000.00) 01- 1600 -6337 Advertising/Publication 1,200.00 (600.00 600.00 01 -1601 -6312 Consultant Services 1,500.00 (1,500.00) 01- 1601 -6314 Medical Services and Pre-Employment 1,200.00 (1,200.00 01 -1601 -6377 IDues and Memberships 250.00 (250.00) TOTAL 488,495.00 (69,480.00) 419,015.00 JUSTIFICATION Department Heads have reviewed their individual budgets and certain line -items were overfunded. Funds are also needed for Public Safety overtime. Remaining funds will be utilized to offset Sales Tax Revenue deficiencies. Dept. Head Signature: Date: Finance Director: Date Approved: Page of Date: 1 Date Posted: I CITY OF NEDERLAND BUDGET AMENDMENT REQUEST IFISCAL YEAR: 2009 -2010 DATE: May 10, 2010 DEPARTMENT: Various FUND: Water & Sewer ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 50- 6000 -6256 Chemicals & Insecticides 252,000.00 (2,000.00) 250,000.00 50- 6000 -6351 Fixed Plant & Equipment R &M 225,000.00 (50,000.00) 175,000.00 50- 6000 -6404 untreated Water 145,000.00 10,000.00 155,000.00 50 -6000 -6332 Postage & Freight 1000.00 2,000.00 4,000.00 50- 6000 -6111 Overtime 54,000.00 (2,000.00) 52,000.00 50- 6100 -6111 Overtime 1,500.00 1,000.00 2,500.00 50- 6100 -6115 Extra Help 6,000.00 (3,000.00) 3,000.00 50- 6100 -6275 Water Meters & Boxes 27,000.00 2.000.00 29,000.00 50- 6300 -6222 Motor Vehicle Fuel 45,000.00 (7,000.00) 38.000.00 50- 9000 -6406 Contingency 52,585.00 (2.585.00) 50,000.00 Net Effect to Fund Balance 810,085.00 (51,585.00) 758,500.00 JUSTIFICATION Department Heads have reviewed their individual budgets and certain line -items were overfunded. Dept. Head Sign Finance Director: Date Approved: Date: Date: Date Posted: I 9 FISCAL YEAR: DATE: DEPARTMENT: FUND: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 May 10, 2010 Various Solid Waste (52) ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 52- 3300 -6111 Overtime 22,500.00 (10,000.00) 12,500.00 52- 3300 -6242 Garbage Bas 5,000.00 (1,000.00) 4,000.00 52- 3300 -6222 Motor Vehicle Fuel 70,000.00 (10,000.00) 60,000.00 52- 3300 -6264 Garbage Containers 15,000.00 2,000.00 17,000.00 52- 3300 -6355 Vehicles & Equipment R &M 23,000.00 9,000.00 32,000.00 TOTALI 135,500.00 1 (10,000.00) 125,500.00 JUSTIFICATION Department Heads have reviewed their individual budgets and certain line -items were overfunded. Dept. Head Signature: Finance Director: Date Approved: Page of Date: Date: Date Posted: 1 1 1 1 FISCAL YEAR: DATE: DEPARTMENT: FUND: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 May 10, 2010 Parks & Recreation General and Parks Special Fund ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01- 5100 -6115 Extra Help 83,230.00 (12,480.00) 70,750.00 01- 5100 -6126 Social Security 13,529.00 (955.00) 12,574.00 01- 5100 -6256 Chemicals & Insecticides 20,000.00 (6,500.00 ) 13,500.00 01- 5100 -6380 Janitorial Services 1,270.00 1,270.00 01- 9000 -6904 Transfer to Parks Special Fund - 21,205.00 21,205.00 25- 0000 -4910 Transfer In 21,205.00 21,205.00 25 -5103 -6720 Building Fixtures & Grounds 4D0,000.00 21,205.00 421,205.00 25- 0000 -4375 Grants - 2,500.00 2,500.00 25- 0000 -6265 Supplies/Minor Tools & Equip 50000 4,500.00 5,000.00 TOTALI 518,529.00 1 49,410.00 567,939.00 JUSTIFICATION Funds are necessary to complete the swimming pool project as previously discussed. Cuts do not reduce services. Recognize revenue from Foundation of Southeast Texas and appropriate expenditures. Supplies /Minor Tools & Equip increase appropriate $2500 for Foundation of SE Texas grant and the additional $2000 carrys over grant funds received from the Heritage Festival last year that were unspent on September 30, 2009. Dept. Head Signature: Finance Director: Date Approved: Page of Date: Date: Date Posted: SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. May 17, 2010 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. ELECTION Chris Duque, City Manager, read the results of the May 8, 2010 General Election. There were a total of 1,683 ballots cast. Each candidate received the following number of votes: Mayor Early Voting Election Dad! Total R. A. Nugent 632 225 857 Council, Ward II Billy Neal 635 217 852 Council, Ward IV Bert Rogers 515 162 677 Todd M. Hollier 303 119 422 A motion was made by Councilmember Ortiz and seconded by Councilmember Albanese to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. LaDonna Floyd, City Clerk, administered the Oath of Office to R. A. Nugent, Mayor; Billy Neal, Councilmember Ward II, and Bert Rogers, Councilmember Ward IV. A motion was made by Councilmember Rogers and seconded by Councilmember Neal to elect Counciimember Albanese Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. 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 albanese to authorize the payment of election officials in accordance with the Texas Election Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. I Minutes continued, May 17, 2010 3. CONTRACTS /AGREEMENTS ' Chris Duque, City Manager, reminded Council that on October 12, 2009, the City approved an engineering services contract with Walker Partners, LLC to evaluate the condition of the Water Treatment Plant. The contract price would not exceed $27,000. Having completed the evaluation and prepared a report for the City, repairs in excess of $3 million appear to be necessary. He added that now we must identify potential funding for the needed improvements and to coordinate with TCEQ the work required to increase the rated capacity of the Plant to 7.49MGD. The original contract does not include this, therefore a work authorization is necessary. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve Work Authorization No. 1, not to exceed $2,500.00, with Walker partners, LLC. 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 Ortiz to adjourn the meeting at 4:43 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' R. AJ14JA4n."J r' A. Nugent, r City of Nederl 1 , Texas ATTEST: L,o . LaDonha Floyd, City 'Clerk City of Nederland, Texas 1 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 V� Chris Duque City Manager LaDonna Floyd City Clerk ✓ Jesse Branick City Attorney Cheryl Dowden Director of Finance `z Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official f Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager Joni Underwood Executive Secretary LaDonna Floyd, City Clerk 5- Date 1 1 1 WORK SESSION OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3:30 p.m. May 24, 2010 1. MEETING The work session was called to order at 3:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. STREET PROGRAM Rick Bourque, Schaumburg & Polk, Inc., reviewed the 2010 asphalt street rehabilitation work for 27th Street and Gage Avenue. He stated that current pavement strength is an important factor in determining the best method to repair both streets. Core samples were provided. Mr. Bourque then explained the flexible pavement design components; alternatives to consider; factors affecting performance; generalized cost comparison; and, selection of rehabilitation. Chris Duque, City Manager, recommended that 12th Street between Nederland Avenue and Helena Avenue be added to the bid specs as an alternate in the event the bids come in below budget. He added that a Work Authorization with ' Schaumburg & Polk, Inc. is included on the regular meeting agenda for approval. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 4:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. r� R. A. Nugent, yor City of Nederla d, Texas ATTEST: �^ -�-' ", a LaDonna Floyd, City Clerk City of Nederland, Texas 1 C) 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 L 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 George Wheeler Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager ✓ Joni Underwood Executive Secretaryr% R. A. Nug nt, R# or LaDonna Floyd, City Clerk ' Date 1 1 1 J:r REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 24, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Ortiz the minutes of the regular meeting of May 10, 2010 and the special meeting of May 17, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' 4. PUBLIC HEARING A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to authorize a Public Hearing to be held Monday, June 28, 2010 at 4:30 p.m. for the purpose of receiving questions and /or comments regarding the rehabilitation or condemnation and demolition of the following abandoned and dilapidated structures: 715 N. 14`h Street; 515 N. 22nd Street; 3503 Avenue D; 118 N. 5th Street; 224 S. 16`h Street; 511 Gage Avenue; 100 Gage Avenue. 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 Albanese to authorize a Public Hearing to be held Monday, June 14, 2010 at 4:30 p.m. for the purpose of receiving questions and /or comments regarding the proposed International Property Maintenance Code ordinance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. FINANCIALS A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember ' Rogers to accept the Tax Collector Report for April 2010 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, May 24, 2010 6. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern ' Albanese to approve a payment to T & N Laboratories in the amount of $2,383.20, Quality Control Testing services related to the Beauxart Garden Road project and the 2010 Street Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve a payment to Brystar Contracting, Inc. in the amount of $82,983.06, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve a payment to Carroll & Blackman, Inc. in the amount of $1,639.50, 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 Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve a payment to Allco, Inc. in the amount of $80,263.30, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' 7. RESOLUTION A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve the second and final reading of Resolution No. 2010 -05, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Hamac Industries, Ind. dba Miller Electric Company. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve an agreement with Interface EAP for the employee assistance program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve a Work Authorization with Schaumburg & Polk, Inc. in regards to the 2010 Street Program in an amount not to exceed $57,100.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I Minutes continued, May 24, 2010 9. BIDS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for City property on Avenue G and to authorize a Public Hearing to be held June 14, 2010 at 4:30 p.m. for the purpose of receiving questions and /or comments regarding the sale of the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. EMPLOYEE GROUP BENEFITS The regular meeting was recessed at 5:40 p.m. by Mayor Nugent for the purpose of conducting a City of Nederland Employee Benefits trust meeting to award bids for life, long -term disability, dental, and health insurance. The regular meeting was reconvened at 6:20 p.m. by Mayor Nugent. A motion was made by Councilmember Rogers and seconded by Councilmember Neal 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, excluding Nederland Economic Development Corporation employees from participating in the medical plan, with their last date of eligibility being May 31, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. 11. EXECUTIVE SESSION The regular meeting was recessed at 6:22 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - City Manager Christopher Duque. 12. RECONVENE The regular meeting was reconvened at 8:02 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 13. COMMUNICATIONS City Manager Report: a. Construction Project Update - None. b. Memorial Day - Mr. Duque stated that City offices will be closed for Memorial Day on Monday, May 315`, and that garbage will be picked up one day later in each zone next week. 1 q Minutes continued, May 24, 2010 14. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 8:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, or City of Nederland, Texas ATTEST: c Cl/wIId ,� � LaDonna Floyd, City Cle` rk' City of Nederland, Texas �I 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Jeff Ortiz Council Member- Ward I ✓ Neal Council Member - Ward II ✓ -Billy Don Albanese Council Member -Ward III ✓ Bert Rogers Council Member - Ward IV Chris Duque City Manager ✓ LaDonna Floyd City Clerk Jesse Branick City Attorney Dowden Director of Finance -Cheryl Darrell Bush Police Chief Collins Fire Chief -Gary Steve Hamilton Director of Public Works Wheeler Building Official -George Victoria Klehn Librarian ✓ Galloway Assistant to the City Manager -Kelly Joni Underwood Executive Secretary &QL� R. A. Nugent, Ma r iii lrl !'. z( LaDonna Floyd, City Clerk -5- _2 L/ r n Date 1.'j, t REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 4:30 p.m. June 14, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal the minutes of the regular meeting of May 24, 2010 and the work session of May 24, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. REPORTS ' A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to accept the May 2010 Department Monthly; update on Water Treatment Plant evaluation report from Walker Partners, LLC; and, Tax Collector Report for May 2010 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 4:48 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the sale of City property in the 3000 block of Avenue G. Joe Pruett, 3119 Avenue G, commented that the neighbors are afraid someone will purchase the property and build an apartment complex. Chris Duque, City Manager, explained that the property is zoned R -2, or duplex residential district, and that would not allow for an apartment complex. The property owner could submit a request to the Planning and Zoning Commission to have the property re -zoned but under the City's current zoning ordinance it would be doubtful it would be approved. I Minutes continued, June 14, 2010 Norma Distefano, 3020 Avenue G, asked if the property could be used for single ' family residential. Mr. Duque responded that it could. There being no further questions and /or comments the Public Hearing was adjourned at 4:55 p.m. by Mayor Nugent. A Public Hearing was called to order at 4:55 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed International Property Maintenance Code. George Wheeler, Building Official, reviewed the proposed Property Maintenance ordinance. He is recommending the 2009 edition of the International Property Maintenance Code be adopted in the City. The ordinance will regulate and govern the conditions, maintenance and appearance of all property, buildings, and structures within the City by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use. Chris Duque, City Manager, added that the proposed ordinance will be included on the June 28`h agenda for consideration. There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:15 p.m. by Mayor Nugent. 6. BOARDS AND COMMISSIONS ' A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to approve the appointment of James Newsom to the Firefighters' Civil Service Commission for a three year term beginning July 1, 2010 and ending June 30, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to authorize the closure of sections of Boston Avenue for "Third Thursday" events for the remainder of 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. ATTAINMENT REDESIGNATION A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to authorize the Mayor to sign a letter of support regarding proposed attainment redesignation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. Minutes continued, June 14, 2010 9. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern ' Albanese to approve payment of the bills for the month of May 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve payment to T & N Laboratories in the amount of $187.90, Beauxart Garden Road project Quality Control 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 Neal to approve payments to Schaumburg & Polk, Inc. as follows: $6,505.00, Beauxart Garden Road project; and, $4,693.50, 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 Albanese and seconded by Councilmember Rogers to approve payment to Walker Partners in the amount of $2,143.78, Water Treatment Plant evaluation. 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 Albanese to approve payment to Carroll & Blackman, Inc. in the amount of $1,999.00, South 12th Street Sewer Line Relocation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to approve payment to Progressive Commercial Aquatics, Inc. in the amount of $232,964.70, swimming pool repairs /improvements 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 Neal to approve payment to Carroll & Blackman, Inc. in the amount of $540.00, 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 Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve payment to Garner Environmental Services in the amount of $219,290.05, Hurricane Ike recovery. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I Minutes continued, June 14, 2010 10. CONTRACTS /AGREEMENTS ' A motion was made by Councilmember Rogers and seconded by Councilmember Neal to approve a Work Authorization with Carroll & Blackman, Inc. in an amount not to exceed $6,000.00, Spill Prevention Control and Countermeasures (SPCC) Plan Development. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve a Memorandum of Understanding with the Nederland Independent School District in regards to the SRO -COPS program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. BIDS A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to authorize the solicitation of bids for "Hot Mix Overlay" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 12. EXECUTIVE SESSION ' The regular meeting was recessed at 5:51 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; and, 551.074, discuss personnel appointments: City Clerk, Director of Finance, Police Chief, and City Attorney. 13. RECONVENE The regular meeting was reconvened at 7:00 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 14. PUBLIC OFFICIALS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Albanese to authorize the following appointments: LaDonna Floyd, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Chief of Police; and, Jesse Branick, City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 15. COMMUNICATIONS City Manager Report: a. Construction Project Update - None. Minutes continued, June 14, 2010 16. ADJOURN I There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. koAvm-- Fe A. Nugen , ayor City of Nede and, Texas ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas 1 1 ? '� 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 II Don Albanese Council Member -Ward III Bert Rogers Council Member- Ward IV Chris Duque City Manager LaDonna Floyd City Clerk I/ Jesse Branick City Attorney L/ 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 Secretarytry - / &i &� e, - " f �— R. A. Nugent, or �9 ' LaDonna Floyd, City Clerk Date REGULAR MEETING OF THE CITY OF NEDERLAND I EMPLOYEE BENEFITS TRUST 5:05 P.M. 1. MEETING May 24, 2010 The meeting was called to order at 5:05 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 Trustee Rogers and seconded by Trustee Ortiz to approve the minutes of the April 30, 2010 meeting of the Employee Benefits Trust as written. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. LIFE INSURANCE A motion was made by Trustee Rogers and seconded by Trustee Neal to award bids , received for employee life insurance to Dearborn National, without the waiver of premium, as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. LONG -TERM DISABILITY INSURANCE A motion was made by Co- Chairman Albanese and seconded by Trustee Ortiz to award bids received for employee long -term disability insurance to Lincoln Financial as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. S. DENTAL INSURANCE A motion was made by Trustee Rogers and seconded by Co- Chairman Albanese to award bids received for employee dental insurance to Aetna as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 Minutes continued, May 24, 2010 6. HEALTH INSURANCE Terry Hale, City- County Benefits Services, reviewed the bids received for City employee health insurance. He stated that bid notices were published and mailed to all major carriers and only two were received, Blue Cross /Blue Shield and, TML Intergovernmental Employee Benefits Pool (TMLIEBP). He added that due to the City's extremely poor claims experience the remaining insurance providers declined to submit a bid. 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. Bids received from Blue Cross /Blue Shield produced a very large increase (40 -50 %) to the City and a significant increase to the employee. In order to reduce the increase in premiums benefits would be significantly reduced. Mr. Hale stated that TMLIEBP provided reasonable premiums but they indicated that it is their policy to only provide coverage to city employees. Under current benefits plans the Nederland Economic Development Corporation employees are covered, however, they are not city employees and would not qualify for coverage with TMLIEBP. In order to obtain coverage at a rate that the City and employees can afford the only option is to exclude those two employees. Upon review of the bids City- County Benefits Services recommends that the City of Nederland Employee Benefits Trustees award the medical benefits to TMLIEBP effective July 1, 2010. A motion was made by Trustee Rogers and seconded by Mayor Nugent to award bids received for employee health insurance to TML Intergovernmental Employee Benefits ' Pool, excluding Nederland Economic Development Corporation employees from participating in the medical plan, with their last date of eligibility being May 31, 2010, as recommended by City- County Benefits Services. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: Trustee Ortiz. 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. I -- R. A. ugent, aairperson City of Nederl nd Employee Benefits Trust ATTEST: �11) n V I I �1_ ' J rtiz, Secretary City of Nederland Employee Benefits Trust 1 '3 ck CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Jeff Ortiz Council Member —Ward 1 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 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 Secreta -' A! / /' ",- /; R. A. Nugent, W r LaDonna Floyd, City Clerk Date 1 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 3:00 p.m. June 21, 2010 1. MEETING The meeting was called to order at 3:00 p.m. by Chairman R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. FINANCE A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve Ordinance No. 2010 -16, authorizing the issuance of General Obligation Refunding Bonds, Series 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a Paying Agency Agreement with Wells Fargo Bank in regards to the General Obligation Refunding Bonds, Series 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. ' Absent: Councilmember Rogers. BIDS A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to authorize the purchase of a Crown Victoria through HGAC, Buy Board, or State - approved contract for the Nederland Police Department not to exceed $28,000,00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. R. A. Nugent, yor ATTEST: �In (� Q22tnz. LaDonna Floyd, City Clerk 1; 142 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 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 Secreta ✓ R. A. Nugen , ay � - C11-'1 1- -/ LaDonna Floyd, City Clerk Date L' I 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. June 28, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal the minutes of the regular meeting of June 14, 2010 as written. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' 4. COMMENTS Charles Castle, 1019 Atlanta, addressed the Council to request a "Quiet Zone" ordinance similar to the cities of Beaumont and Port Arthur. He stated that the trains traveling through town blow their whistles the entire length of the City at all hours of the day and night. The City Council instructed the City Manager and staff to review the ordinances and meet with Kansas City Southern Railroad regarding the issue. Chris Duque, City Manager, stated that he and staff would research the requirements of such an ordinance and make a recommendation to Council at a later date. S. PUBLIC HEARING 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 rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: 715 North 14th Street 224 South 16th Street 515 North 22nd Street 511 Gage Avenue ' 3503 Avenue D 100 Gage Avenue 118 North 5th Street Minutes continued, June 28, 2010 George Wheeler, Building Official, reported that the structure owned by Rebecca Head at 715 North 14`h Street, is vacant and has had no electricity service since 2005 and no water since 2006. He recommends the owner be given 30 days to ' demolish the structure and clear the lot. Rebecca Head, 715 North 14th Street, informed Council that she has obtained estimates to begin the repairs and feels the structure can be inhabitable again. She added that one contractor applied for a building permit to level the structure but the permit was denied by the Inspection Department. She is asking for additional time to make necessary repairs. Mr. Wheeler stated that if Council would allow her additional time he would recommend she be given 30 days to begin repairs and within 90 days have a substantial amount of repairs completed, i.e., leveled, outside of structure improved, roof replaced, and yard maintained. Mr. Wheeler then reported that on 515 North 22nd Street owned by Arthur and Betty Shipp. The structure is vacant and has had no water service since 2004 and no electricity since 2005. The structure is in a condition of possible collapse. The owners are both deceased and their children do not have the ability to repair and /or maintain the property. He recommends the 30 days to demolish and clear the lot. Mr. Wheeler reported that the property owned by A. O. Zarate, 3503 Avenue D, is being occupied but is in continuous decay. Mr. Zarate has applied for a grant through the South East Texas Regional Planning Commission in order to repair the home. A. O. Zarate, 3503 Avenue D, asked Council for additional time to see if his grant is ' approved by the SETRPC. Mr. Wheeler recommended the Council allow him 90 days and ask that he keep the City informed on the progress of the grant application. Mr. Wheeler reported that the property at 118 North 5`h Street is listed under the name of James Bailey and Kathleen Revocable Living Trust and is vacant. The water service is current but there has been no electricity since 2002. The overall condition of the structure is in continuous decay and is uninhabitable and unsafe. He recommends 30 days be given to demolish the structure and clear the lot. Next Mr. Wheeler reported on property owned by James Shute at 224 South 16th Street. The structure is vacant and has had no utility services since 2009 and is in continuous decay and unsafe. Upon completion of the title search it was discovered that Theron Tate has a Vendor's Lien Deed of Trust on the property. Mr. Wheeler contacted Mr. Tate to inform him of the situation. Theron Tate, 8937 — 5`h Street, Beaumont, informed Council that he is in the process of foreclosing on the property and would like to ask for additional time to inspect the structure and either repair or demolish it. Mr. Wheeler recommended allowing Mr. Tate 90 days to repair or remove the structure. Mr. Wheeler reported that the property at 511 Gage Avenue is owned by Willard and Marian Pierce and has been vacant since 2002. The heirs have no interest in the ' property, therefore, he recommends 30 days to demolish and clear the structure from the lot. Minutes continued, June 28, 2010 Mr. Wheeler reported the structure at 100 Gage Avenue has been demolished by the owner; therefore, no action is necessary on this property. ' There being no further questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:03 p.m. by Mayor Nugent. 6. ABANDONED AND DILAPIDATED STRUCTURES A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to set a 90 -day time period for Rebecca Head to comply with the demolition and removal of the structure located at 715 — 14`h Street, and in the event that the structure is not demolished within the 90 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Neal seconded by Councilmember Ortiz to set a 30 -day time period for Arthur and Betty Shipp to comply with the demolition and removal of the structure located at 515 North 22nd Street, and in the event that the structure is not demolished within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Rogers seconded by Councilmember Ortiz to ' set a 90 -day time period for A. O. Zarate to comply with the demolition and removal of the structure located at 3503 Avenue D, 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 Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to set a 30 -day time period for James Bailey and Kathleen Revocable Living Trust to comply with the demolition and removal of the structure located at 118 North 5th Street, and in the event that the structure is not demolished within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tern Albanese seconded by Councilmember Neal to set a 90 -day time period for Theron Tate (lienholder for James Shute) to comply with the demolition and removal of the structure located at 224 South 16th 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 Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 Minutes continued, June 28, 2010 A motion was made by Councilmember Ortiz seconded by Councilmember Neal to set a 30 -day time period for Willard and Marian Pierce to comply with the demolition and removal of the structure located at 511 Gage Avenue, and in the event that the ' structure is not demolished within the 30 days the City will proceed with the demolition and cause a lien to be placed on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. ORDINANCE A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Ordinance No. 2010 -17, International Property Maintenance Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. GRANTS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to accept the Energy Efficiency and Conservation Block Grant in the amount of $57,576.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 9. BOARDS AND COMMISSIONS I A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve the following appointments to the Planning and Zoning Commission for two -year terms beginning July 1, 2010 and ending June 30, 2012: C. J. Schexnaider, Jack Porter, Mark Griffin, Scott Watjus, and Mark Byars. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz to approve the following appointments to the Construction Board of Appeals: Jackie Miller, Bob Smith, Mike Spell, and Bill Wills to a two (2) year term beginning July 1, 2010 and ending June 30, 2012; and Danny Delahoussaye to a one (1) year term beginning July 1, 2010 and ending June 20, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 10. EMERGENCY MEDICAL SERVICES Gary Collins, Fire Chief, explained that on May 25, 2010 Acadian Ambulance Service purchased Stat Care EMS and has taken over all E911 operations and transfers for the Mid and South Jefferson County service area. Since that time he has received ' two EMS applications, one from Southeast Texas EMS and one from Bay Star Ambulance Service. He added that he and the Fire Chief of Port Neches and Groves met with these two providers to review their applications. All three have recommended to remain with Acadian and not issue additional permits at this time but to keep the applications on file. They were satisfied with Acadian's operations. Minutes continued, June 28, 2010 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese to deny the request by Southeast Texas EMS to provide ambulance services in the City of Nederland. Shawn Fitzgerald and Jason Boever of Southeast Texas EMS addressed the Council to ask that they reconsider issuing another permit. Mr. Fitzgerald stated that he has been in business for nine years and has made over 100,000 calls. He also is the EMS provider for Jefferson County and has ambulances staged just outside Nederland city limits. He feels that Nederland can best be served by having at least two ambulance service providers. Mr. Bouvier added that he has reviewed service calls over the last six months and found that over 60 calls took more than ten minutes and some waited 15 to 30 minutes for ambulance service. He also asked that Council conduct more research before making a final decision. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to withdraw the original motion to deny the request by Southeast Texas EMS to provide ambulance services in the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to table the request by Southeast Texas EMS to provide ambulance services in the City of Nederland. 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 Albanese to deny a request by Bay Star Ambulance to provide ambulance services in the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 11. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to award 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 $35,300 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 Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve a two year contract extension with Republic Services (formerly BFT) regarding landfill services effective August 1, 2010 through July 31, 2012, contingent upon final approval by the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 Minutes continued, June 28, 2010 12. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve payments to Allco, Inc. as follows: $206,935.07, 2009 Sewer ' Rehabilitation Project; and, $58,816.76, 2009 Concrete Street 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 Mayor Pro Tern Albanese to approve a payment to Brystar Contracting, Inc. in the amount of $123,678.45, Beauxart Garden Road project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve payments to Carroll & Blackman, Inc. as follows: $483.00, Phase II MS4 Permit Implementation Services (Year 3); and, $2,776.50, 12th Street & Avenue H sewer line project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve payments to Schaumburg & Polk, Inc. as follows: $6,749.00, Beauxart Garden Road project; $12,347.00, 2010 Roadway Reconstruction and Hot Mix Asphalt project; and, $2,740.50, 2009 Sewer Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a payment to T & N Laboratories in the amount of $229.90, Beauxart Garden Road Quality Control Testing services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a payment to Nederland Economic Development Corporation in the amount of $49,622.35, reimbursement relating to parking lot project. 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 Albanese to approve a payment to Waterscape Consultants, Inc. in the amount of $13,838.98, Doornbos Park swimming pool engineering services. 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 Albanese to approve a payment to Progressive Commercial Aquatics, Inc. in the amount of $123,839.15, Doornbos Park swimming pool repairs /improvements. ' MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' Minutes continued, June 28, 2010 13. EXECUTIVE SESSION The regular meeting was recessed at 5:53 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, discuss pending and threatened litigation - Bobby Simon v. City of Nederland. 14. RECONVENE The regular meeting was reconvened at 6:25 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 15. COMMUNICATIONS City Manager Report: a. City Offices closed on Monday, July 5`h for Independence Day - Mr. Duque reported that garbage services will be delayed for one day all week. b. Swimming Pool Ribbon Cutting - Thursday, July 1s' - Mr. Duque reported that the ribbon cutting may be delayed due to bad weather. ' 16. AD30URN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 6:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: 0`22 01 LaDonna Floyd, City Clerk' City of Nederland, Texas 1 R. A. Nugent, yor City of Nederland, Texas 1 '4 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nu ent 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 Cit y Manager 1✓ LaDonna Floyd Ci Clerk Jesse Branick Cit Attorne Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian Kelly Galloway Assistant to the City Manager !/ Joni Underwood Executive Secretary ✓ R. A. Nugent, M r LaDonna Floyd, City Clerk Date 1 1 1 1 CITY OF NEDERLAND ORDINANCE NO. 2010-17 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS, ADOPTING THE 2009 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS, MAINTENANCE AND APPEARANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN THE CITY OF NEDERLAND; PROVIDING FOR THE ISSUANC OF PERMITS AND COLLECTIONS OF FEES THEREFOR; REPEALING ORDINANCE NO. 2001 -07 ARTICLE 7 DANGEROUS BUILDINGS OF THE CITY OF NEDERLAND; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: ' SECTION 1. The International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Nederland, in the State of Texas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use , and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Inspection Department are hereby referred to, adopted, and made part hereof, as if fully set out in this ordinance, with the additions, insertions, amendments and deletions, if any, prescribed in Section 2 of this ordinance. SECTION 2. The following sections are hereby revised: Section 101.1. Title of the I.P.M.C. is hereby revised by inserting into the jurisdiction the words City of Nederland, Texas. Section 103.5 Fees. of the I.P.M.C. is hereby revised by inserting into the Appropriate Schedule the words "As prescribed in Article 2 Fee schedules ": in Chapter 18 of the Code of Ordinances. Section 106.4 of the I.P.M.C. is hereby amended to read in full as follows: Violation penalties. Any person, who violates a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted as provided by Section 1 -4, General Provisions, of the Code of Ordinances of ' the city and its future amendments. Section 110.2 of the I.P.M.C. is hereby amended to read in full as follows: S `i ' -' Notices. All notices and orders shall comply with Section 107. Exception: The notice for public hearings for demolition shall be given to the ' owner, lienholder or mortgages in accordance with the applicable provisions of V.T.C.A.,Local Gov. Code, Chapter 214, Subchapter A. The notice of hearing must include a statement that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to get the building to the minimum standards set forth herein and the time it will take to reasonably perform the work. In addition, the notice of hearing may include that statement contained in V.T.C.A., Local Gov. Code, 54.005. Section 110.2.1 is hereby added to the I.P.M.C. to read in full as follows: Demolition Appeal. Any person directly affected by a demolition order from the Code Official issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or rules legally adopted there under have been incorrectly interpreted by the code official, the provisions of this code do not fully apply, or the requirements of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Section 110.3 of the I.P.M.C. is hereby amended to read in full as follows: Failure to comply. If the owner of premises fails to comply with a demolition order within the time prescribed, the Code Official shall order a public hearing before the city council as described in the statutory provisions set forth in V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. Section 110.4 of the I.P.M.C. is hereby amended to read in full as follows: ' Hearing. A public hearing required by V.T.C.A., Local Gov. Code, Chapter 214, Subchapter A. shall be held before and conducted by the City Council of the city with a quorum present. The City Council shall hold the hearing required under Local Gov. Code, Chapter 214, Subchapter A. in lieu of the civil Municipal Court allowed by 214.001(p). The City designates the Building Official or his /her designated representative to present all cases to the City Council. After the public hearing, if a building is found to be in violation of the minimum standards set forth herein, the City Council may take any action and all action as is reasonably appropriate and authorized by law, including but not limited to actions and orders specifically authorized by V.T.C.A., Local Gov. Code, 54.004 and Chapter 214, Subchapter A. Section 110.5 is hereby added to the I.P.M.C. to read in full as follows: Expenses, liens, and civil penalties. In addition to the authority granted to the City by V.T.C.A., Local Gov. Code, 214.001, the City may assess expenses, impose and foreclose liens, and impose and enforce civil penalties as authorized by V.T.C.A., Local Gov. Code, 214.001(m) and (n), 214.0011(f), 214.0015, or 214.002, subject to the same conditions as provided in the applicable section, including any liens foreclosed in the manner provided by law. Section 110.6 is hereby added to the I.P.M.C., to read in full as follows: Judicial review. Any owner, lienholder, or mortgagee of record aggrieved by an ' order of the City Council may appeal the decision or order as provided by V.T.C.A., Local Gov. Code, 214.0012. I i � Section 110.7 is hereby added to the I.P.M.C., to read in full as follows: ' Unlawful conduct and penalties. Any person who intentionally, knowingly, or recklessly fails to comply with and order issued by the City Council under V.T.C.A., Local Gov. Code, 214.002, subsection (a) (1) shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each day or portion thereof during which non - compliance of said order is committed or continued, and upon conviction shall be punished as provided by Section 1 -4, General Provisions, of the Code of Ordinances of the city and its future amendments. Section 111.2 Membership of board. Of the I.P.M.C. is hereby deleted. Section 112.4 of the I.P.M.C. is hereby amended to read in full as follows: Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine provided by section 1 -4, General Provisions, of the Code of Ordinances of the City and its future amendments. Section 202 of the I.P.M.C. General Definitions is hereby amended by inserting the following definitions: Abandoned. The term abandoned as applied in this ordinance shall be implied to the meaning of to leave without intending to inhabit or maintain until deterioration and decay becomes unsightly or unsafe. Discarded. The term discarded as applied in this ordinance shall be implied to the meaning of letting go or throwing away of something that has become ' useless or superfluous though often not intrinsically valueless. RUBBISH. Combustible and noncombustible waste materials, the term shall include waste, the residue from the burning of wood, coal and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral waste, glass, crockery and any materials or items not specifically designed, listed or approved by the manufacture listings to be stored outside in the elements to include appliances, furniture, cloths and other similar materials or items. Section 302.4 Weeds. Of the I.P.M.C. is hereby deleted. Section 302.5 of the I.P.M.C. is hereby amended to read in full as follows: Rodent harborage. All exterior property shall be kept free from the accumulation of rubbish or garbage that is found to harbor rodents and infestation. Section 302.8 of the I.P.M.C. is hereby amended to read in full as follows: Motor vehicles. Except as provided for in other regulations, all inoperative, unlicensed, abandoned or discarded motor vehicles /boats and recreational vehicles are hereby prohibited from being parked, kept or stored on any premises , street or alley unless parked, kept or stored inside a structure or similar enclosed area designed and approved for such purpose, and no motor vehicle/ boat /recreational vehicle shall at any time be in the state of major disassembly, disrepair, or in the process of being stripped, dismantled or ' painted unless provided that such work is performed inside a structure or similar enclosed area designed and approved for such purpose. Section 304.1.1 Unsafe conditions. Is hereby amended by inserting the term International One and Two Family Residential Code immediately following the term International Existing Building Code located in the first paragraph. I Section 304.2 of the I.P.M.C. is hereby amended to read in full as follows: Protective treatment. All exterior surfaces, including but not limited to, doors, ' door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces shall be protected from the elements and decay by approved exterior coving or treatment. All siding and masonry joints, as well as those between the building envelope and the perimeter of the windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be stabilized and coated to inhibit rust and corrosion. Section 304.14 Insect screens of the I.P.M.C. is hereby deleted. Section 304.18 Building security, of the I.P.M.C. is hereby deleted. Section 305.1.1 Unsafe conditions of the I.P.M.C. Is hereby amended by inserting the term International One and Two Family Residential Code immediately following the term International Existing Building Code located in the first paragraph. Section 305.3 of the I.P.M.C. is hereby amended to read in full as follows: Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Section 306.1.1 Unsafe conditions. of the I.P.M.C. is hereby amended by inserting the term International One and Two Family Residential Code immediately following the term International Building Code located in the first paragraph and by deleting number 1. Soils that have been subjected to any of the following conditions 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6. Section 308.2.2 of the I.P.M.C. is hereby amended to read in full as follows: ' Refrigerators and other appliances. Refrigerators, appliances and other similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors and all such equipment shall not be stored on the exterior of the premises. Section 309.2 Owner of the I.P.M.C. is hereby deleted. Section 309.3 Single occupant of the I.P.M.C. is hereby deleted. Section 505.1 of the I.P.M.C. is hereby amended to read in full as follows: General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. Section 506.1 of the I.P.M.C. is hereby amended to read in full as follows: General. All plumbing fixtures shall be properly connected to a public sewer system. Section 602.3 of the I.P.M.C. is hereby amended to read in full as follows: Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat in all habitable rooms, bathrooms and toilet rooms. ' 155 Section 602.4 of the I.P.M.C. is hereby amended to read in full as follows: ' Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat. Exceptions: 1. Processing, storage and operation areas that require cooling of special temperature conditions; and, 2. Areas in which persons are primarily engaged in vigorous physical activities. Section 604.2 of the I.P.M.C. is hereby amended to read in full as follows: Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three -wire, 120/240 volt, single - phase electrical service having a rating of not less than 100 amps. All circuits in dwelling units shall be of the three -wire branch circuit type and any renovation to the interior rooms that require the replacing of the wall or ceiling surface in the dwelling unit shall constitute the replacing of any existing two- wire branch circuits. SECTION 3. That ordinance No.2001 -07 of the City of Nederland entitled Article 7 Dangerous Buildings is hereby repealed in its entirety. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. ' SECTION 5. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or rights acquired, or liability incurred, or any causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 6. That the City Clerk is hereby ordered and directed to cause this ordinance to be published in the official newspaper of the City of Nederland. SECTION 7. This ordinance shall take effect from and after its passage and publication as required by law. 11� SED AND APPROVED by the City Council of the City of Nederland, Texas this day of e 2010. R. A. Nugent, yAor City of Nederiffind, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' k ,VI� Je a Bra c , City Attorney C of N erland, Texas WORK SESSION OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 9:00 a.m. June 30, 2010 1. MEETING The work session 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. EMERGENCY MANAGEMENT Gary Collins, Fire Chief/ Emergency Management Coordinator, reported that he is in the process of updating the City of Nederland Emergency Plan. He stated that the three Mid - County cities are tied in to Jefferson County's Emergency Plan. Chief Collins reviewed each section and explained how the City prepares for hurricanes and evacuations. A discussion was held on the need to keep a minimum number of fire and police personnel in the city rather than evacuate everyone to another location. The determination on whether a need for total evacuation should be determined by the Chief of each department. It was also suggested that the three Mid - County cities not relocate to the same location. This would ensure that assistance could be provided ' to each other in the event of a major disaster. Chief Collins stated that he would include a detailed evacuation plan for personnel. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Ortiz to adjourn the Work Session at 10:10 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. AIV1111^11 R. A. Nugent, or City of Nederlanb, Texas ATTEST: I LaDonna Floyd, City Clerk- City of Nederland, Texas 1 1 1 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 v Don Albanese Council Member -Ward III l� Bert Rogers Council Member- Ward IV V Chris Duque City Manager ✓ LaDonna Floyd City Clerk ✓ Jesse Branick City Attorneyr� Cheryl Dowden Director of Finance ±� Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works i✓ George Wheeler Building Official Victoria Klehn Librarian f Kelly Galloway Assistant to the City Manager t� Joni Underwood Executive Secretaryr R. A. Nugent, M y r ' LaDonna Floyd, City Clerk (", Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 4:30 p.m. July 12, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Consent Agenda items 3.a through 3.e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. ' Noes: None. a. Approved minutes of June 21, 2010 Special Meeting; June 28, 2010 Regular Meeting; and, June 30, 2010 Special Meeting. b. June 2010 Departmental Reports. c. Street Closure - N. 13`h Street from Nederland Avenue to Atlanta Avenue for "Back to School Bash" on August 28, 2010 from 3:00 p.m. until 9:00 p.m. d. Ordinance No. 2010 -18, amending the FY 2009 -2010 budget. e. Approve payments as follows: June 2010 monthly bills. T & N Laboratories in the amount of $1,614.00, 2010 Street Program Quality Control Testing Services. Walker Partners in the amount of $1,434.98, Water Treatment Plant Evaluation. 4. REGULAR AGENDA a. Water Treatment Plant Evaluation Report - Gary Graham, Walker Partners, presented the final draft of the Water Treatment Plant Evaluation Report. He stated that the final report includes information obtained since the meeting with Texas Commission on Environmental Quality. Mr. Graham added that the report recommends water distribution improvements on Canal Avenue that are necessary to distribute the flows the Treatment Plant can produce, however, the length of the improvements has been reduced since the draft report. Evaluation of the raw water and high service pumping ' systems revealed several problems. The City should obtain an Alternative Capacity Requirement from TCEQ prior to any construction. Walker Partners estimates the total cost for repairs /improvements to be approximately $3.7 million. Minutes continued, July 12, 2010 b. Contracts /Agreements ' A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers 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. C. Bids A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to award bids received for "Hot Mix Overlays" project to APAC, Beaumont, TX, in the amount of $417,742.45. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. UNFINISHED BUSINESS a. Remove from the table— Emergency Medical Services (Southeast Texas EMS) agenda item, which was tabled during the June 28, 2010 meeting. b. Consider action approving a request by Southeast Texas EMS to provide ambulance services in the City of Nederland. Mayor Nugent announced that this item will remain on the table until further information is provided to Council by City staff. 6. 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, discuss pending and threatened litigation - Bobby Simon v. City of Nederland; and, Chapter 551.074, personnel - City Judge. 7. 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. S. COMMUNICATIONS City Manager Report: a. Construction Project Update - all projects are proceeding as scheduled. b. Budget Workshop - July 14`h at 8:30 a.m. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 6:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 'ATTEST: R. A. Nugent, iY yor La Donna Floyd, City Cier 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 11 t� Don Albanese Council Member— Ward III Bert Rogers Council Member— Ward IV l� Chris Duque City Manager I/ 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 Secrets R. A. Nugent, 5vyor o� S,a LaDonna Floyd, City Clerk Date 1 1 1 L� S f; l ORDINANCE NO. 2010-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2009 -2010 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 Fiscal Year 2009 -10 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to increase revenues and expenditures as set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2009 -2010 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 t 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 12t° DAY OF JULY, A.D., 2010. R. A. Nugea Mayor City of Nederland, Texas ATTEST: 6911,r, � , ,.I LaDonna Floyd, City Clerl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Jesse B anick, PtyAttorney City o Neder d, Texas CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2009 -2010 DATE: July 12, 2010 DEPARTMENT: Streets (01 -31) FUND: General ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01- 0000 -4350 Federal Grant Revenue 57,576.00 57,576.00 01- 3100 -6240 Signs, Signal, & Markers 18,000.00 32,000.00 50,000.00 01- 3100 -6354 Traffic Lights 7,000.00 12,000.00 19,000.00 01- 3100 -6265 Supplies/Minor Tools & Equipment 9,800.00 13,576.00 23,376.00 Net Effect to Fund Balancel 34,800.00 57,576.00 JUSTIFICATION Revenue funds from the Energy Efficiency & Conservation Block grant accepted by City on June 28th are recognized in the federal grant revenue line -item. Grant projects are appropriated in the proper line -items in the Streets Department budget. Expenditures are offset by revenue so there is not effect to the General Fund fund balance. Dept. Head Signature: Date: Finance Director: Date: 1 0 Date Approved: Date Posted: I 1 8:30 a.m. 1. MEETING L 1 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 14, 2010 I i 11 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 2010 -2011 budget for that department. The schedule was as follows: Library Police Department Fire Department Finance Department/ Utility Billing /IT Personnel /Civil Service Inspection Department Parks Department Public Works City Manager /Other Funds 8:30 a.m. to 9:00 a.m. 9:00 a.m. to 9:45 a.m. 10:00 a.m. to 10:45 a.m. 10:45 a.m. to 11:15 a.m. 11:15 a.m. to 11 :45 a.m. 1:15 a.m. to 1:45 p.m. 1:45 p.m. to 2:15 p.m. 2:30p.m. to 3:30 p.m. 3:30 p.m. to 4:00 p.m. A discussion was held after each department presentation. 3. ADJOURN There being no further discussion the Workshop was adjourned at 4:15 p.m. by Mayor R. A. Nugent. ATTEST: C—lJ/o moo,. S � LaDon ai Floyd, City Cle Y k City of Nederland, Texas A, 11"tll ul�z� R. A. Nugent, NWor City of Nederla d, Texas 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 q: 00 - 9 Y Gary Collins Fire Chief 10' uo - /o . Steve Hamilton Director of Public Works o2' 3 ® -- George Wheeler Building Official Victoria Klehn Librarian VACANT • ke t r Assistant to the City Manager Joni Underwood Executive Secretaryll R. A. Nugent, Mayor Q Cr'vq e <: 4.0 4 LaDonna Floyd, City Clerk ")- Iy - Io Date u 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. July 26, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve Consent Agenda items 3.a through 3.d as presented. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Approved minutes of the regular meeting of July 12, 2010. b. June 2010 Tax Assessor Collector Report C. Accept 2010 Entergy Community Partnership Grant d. Payments as follows: Schaumburg and Polk, Inc., $1,775.50, Beauxart Garden Road project Schaumburg & Polk, Inc., $39,159.61, 2010 Street Program & Hot Mix Overlay Schaumburg & Polk, Inc., $2,479.00, 2009 Sewer Rehabilitation project Carroll & Blackman, Inc., $138.00, Phase II MS4 Permit Implementation Carroll & Blackman, Inc., $1,288.00, 12th Street & Ave. H sewer line project Jerry Walley Construction, LP, $24,367.95, S. 12th Street sewer line relocation 4. REGULAR AGENDA a. Comments The Nederland Merchants' Association addressed Council relative to a non - profit organization opening a location on Boston Avenue. Donna Childress, IZ Funky Resale, on behalf of the Association, stated that they are concerned with the United Board of Missions opening a store downtown. The customers that this type of store attracts could deter people from shopping in the area. The ' downtown area has been promoted as a tourist attraction as well as a great place to shop. Other business owners expressed concern as to whether the location would also be a drop -off for people donating to the Mission. They would be afraid that it would turn into a dump site because people tend to use those types of places as a way to dispose of unwanted things. 1 /'' Minutes continued, July 26, 2010 Chris Duque, City Manager, explained that the United Board of Mission has never contacted the City about opening a location here. He added that the City ' learned of their intentions when an article was in one of the local newspapers. Mr. Duque stated that the Building Official said that the zoning classification on Boston Avenue does not allow for this type of business and the only way they could open at that location would be to request that the property be rezoned. If that were to happen all property owners within 200 feet would be notified of the request and given an opportunity to voice their concerns at a public hearing. The final determination would be made by the City Council. Tammy Holt, Sew Much More, stated that she talked to the owner of the building that the Mission is trying to purchase and he informed her that he was not aware the article was in the newspaper and that the purchase has not been finalized yet. She added that she had talked to the owner because she was interested in trying to relocate her business to the downtown area. Mayor Nugent informed the Association that nothing will be finalized by the Council without them having the opportunity to voice their approval or disapproval of a rezoning request. b. Contracts /Agreements Chris Duque, City Manager, reported that the neighborhood park on Helena Avenue is underutilized and the Parks Board has recommended that it be closed. The property is leased from Holy Cross Lutheran Church and that lease is expiring next month. He recommended that the lease agreement not be renewed. , A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to not renew the lease agreement with Holy Cross Lutheran Church for the neighborhood park property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. C. 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. d. Bids A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to authorize Request for Proposals for an Administrative Firm for the FY 2010 CDBG Sewer Line Replacement Project. 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 Albanese to authorize Request for Proposals for an Engineering Firm for the FY ' 2010 CDBG Sewer Line Replacement Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Minutes continued, July 26, 2010 e. Abandoned and Dilapidated Structures Chris Duque, City Manager, reminded Council that during the June 28th meeting ' the property at 118 N. 5th Street owned by James Bailey was ordered repaired or demolished within 30 days. Mr. Bailey was not present at the meeting and later informed Mr. Duque that he had received notification that the meeting was to be held June 29th. He has requested to appear before Council to ask them to reconsider their order. James Bailey, 424 Atlanta, owner of 118 N. 5th Street, stated that the reason he did not appear at the first meeting was the error in dates in the first letter he received. He indicated that his wife signed for the second letter correcting the date and she failed to give him the letter. He added that he had been working on repairing the structure but due to economic and health reasons he has fallen behind. Mr. Bailey asked that he be given an additional 90 days to complete the repairs because he has lost the last 30 days because he could not be issued a building permit until he received an answer from Council. George Wheeler, Building Official, stated that he did not want to issue a permit to Mr. Bailey in the event that Council did not allow him additional time to make the repairs. He also is recommending that if Council agrees to give Mr. Bailey additional time he would ask that they require him to submit progress reports throughout the process. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to set a 60 -day time period for James Bailey and Kathleen Revocable Living Trust to comply with the repairs or demolition of the ' structure located at 118 North 5th Street, and to provide progress reports to the City throughout the process. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. UNFINISHED BUSINESS A lengthy discussion was held regarding the City's current ordinance regarding EMS providers and whether the City should utilize the services of more than one company. Representatives of the current provider, Acadian, as well as Southeast Texas EMS were present to voice their concerns with the ordinance. Chris Duque, City Manager, stated that if the Council would like to change the ordinance to allow for additional providers to serve the citizens of Nederland he will research the issue and report back to Council at a later date. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Albanese to remove from the table Emergency Medical Services (Southeast Texas EMS ) agenda item that was tabled during the June 28, 2010 meeting. 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 postpone approving a request by Southeast Texas EMS to provide ambulance services in the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, July 26, 2010 6. EXECUTIVE SESSION Mayor Nugent announced that it will not be necessary to conduct the scheduled I Executive Session. 7. COMMUNICATION City Manager Report: a. Construction Project Update - Mr. Duque reported that the contractor on the Beauxart Garden Road project is working on the punch list and they are 98.8% complete with 54 calendar days remaining. The wastewater collection system rehabilitation is 35% complete. The contractor for the asphalt street rehabilitation has milled existing asphalt and applied base surface from Helena to Canal Avenue on 27th Street. The South 12th Street sewer replacement is 23% complete at this time. b. Special Council Meeting - Monday, August 2nd at 4:30 p.m. C. Hurricane Ike Round 2 application for funds submitted. S. ADJOURN There being no further business a motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to adjourn the meeting at 5:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I R. A. Nugent, ayor City of Nederland, Texas ATTEST: La Donna Floyd, City Clerk City of Nederland, Texas 1 1 J 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 t1Z Jesse Branick City Attorney Cheryl Dowden Director of Finance ✓ Darrell Bush Police Chief Gary Collins Fire Chief t� Steve Hamilton Director of Public Works George Wheeler Building Official 1/ Victoria Klehn Librarian V VACANT Assistant to the City Mana er Joni Underwood Executive Secretary 'r ' LaDonna Floyd, City Clerk Date SUSIE JAMES TAX ASSESSOR- COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON g,SON CpG� XAS TERRY WUENSCHEL CHIEF DEP UTY I, Susie James, 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 $92,556.92, represents all taxes collected for CITY OF NEDERLAND during the month of June 2010. Susie JaAed JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704 -2112 PHONE: (409)835 -8516 • FAX: (409)835 -8589 7 L._J 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. August 2, 2010 1. MEETING The 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. STREETS AND SIDEWALKS A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve Change Order No. 1 with APAC- Texas, Inc. in the amount of +$11,500.00, Hot Mix Overlay project, to install two (2) precast catch basins with risers to existing elevation, form and pour tops with grates, and form and pour 15 LF of curb and gutter. 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 9:25 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: �'�1 La Donna Floyd, City Clerk City of Nederland, Texas 1 &A&/ &', (-- R. A. Nugent, )Kayor City of NedeWand, Texas 171. 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 l/ Bert Rogers Council Member -Ward IV Chris Duque City Manager LaDonna Floyd City Clerk Jesse Branick City Attorne ✓ 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 ✓ VACANT Assistant to the City Manager Joni Underwood Executive Secretary U&�, R. A. Nugent, yor (�rb C>a- .,f, d LaDonna Floyd, City Clerk Date �I 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. August 9, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve Consent Agenda items 3.a through 3.c as presented. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Minutes: July 14, 2010 work session; July 26, 2010 regular meeting; and August 2, 2010 special meeting. b. July 2010 Departmental Reports c. Payments as follows: July 2010 monthly bills Walker Partners, $2,500.00, Water Treatment Plant Evaluation Brystar Contracting, Inc., $4,678.75, Beauxart Garden Road Allco, Inc., $83,745.55, 2009 Sewer Rehabilitation project Jerry Walley Construction, LP, $48,144.50, S. 121h Street sewer line relocation 4. REGULAR AGENDA a. Finance Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending June 30, 2010. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to accept the Quarterly Investment Report as presented. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Minutes continued, August 9, 2010 b. Contracts /Agreements A motion was made by Councilmember Rogers and seconded by Councilmember ' Ortiz 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. c. Budget Chris Duque, City Manager, reviewed the proposed 2010 -2011 annual budget. He stated that the budget is based on a proposed tax rate of $0.578 per $100 assessed valuation. In the General Fund revenues total $8,398,635 and expenditures total $8,648,635 with $250,000 being spent from the fund balance for street and technology improvements. The Street Program has a budget of $900,000 - $180,000 for street improvements in the Street Department and $720,000 budgeted via the Street Improvement Fund. Mr. Duque noted that the budget includes $18,000 for signs, signals, and markers; $65,500 for street and bridge supplies, $6,000 for street striping, and $9,000 for rental of equipment for street sweeping. All funds include a 2% COLA for all employees, excluding police officers which are different due to their recent collective bargaining agreement. An additional 0.5% COLA may be given in April 2011. In the Water & Sewer Fund revenue and expenditures equal $4,130,050. The Solid Waste Fund revenue and expenditures equal $1,312,500 which is an increase of $20,000. In the Equipment Replacement Fund $70,000 has been budgeted for two trucks, one for the Animal Control Officer and one for the Fire Marshall; $61,500 for water and sewer distribution dump truck; and, $125,000 for garbage truck retrofit. Mr. Duque added that the Nederland Economic Development Corporation has submitted a budget of $1,961,023; expenditures , exceed revenue by $399,023. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Resolution No. 2010 -06, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011, and calling for a Public Hearing to be held on August 23, 2010 at 4:30 p.m. for the purpose of discussing the proposed budget, as per Article VI of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Chris Duque, City Manager, stated that the effective tax rate for FY 2010 -2011 is $.568970 per $100 valuation and the rollback rate is $.589209 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 Ortiz and seconded by Councilmember Neal to approve the proposed tax rate of $.578 per $100 assessed valuation for the fiscal year beginning October 1, 2010 and ending September 30, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I Minutes continued, August 9, 2010 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern ' Albanese to adopt the tax rate at 4:30 p.m. on September 13, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to authorize two Public Hearings, one to be held at 4:30 p.m., Monday, August 23, 2010 and the second at 4:30 p.m., Monday, August 30, 2010 to receive questions and /or comments regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. COMMUNICATION City Manager Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that the contractor on the Beauxart Garden Road project is working on the punch list. The hot mix overlay projects on Gage and 27th Street are both on schedule with minimal complaints from citizens. All projects appear to be on schedule. 6. ADJOURN ' There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Neal to adjourn the meeting at 5:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 2 R. A. Nugent/,Mayor City of Nede and, Texas ATTEST: 2 LaDonna Floyd, City Clerk City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor 1r 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 Steve Hamilton Director of Public Works 1/ George Wheeler Building Official Victoria Klehn Librarian VACANT Assistant to the City Manager Joni Underwood Executive Secretary(� R. A. Nugent, jyyor LaDonna Floyd, City Clerk Date 1 1 1 CITY OF NEDERLAND RESOLUTION 2010 -06 L 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, 2010 AND ENDING SEPTEMBER 30, 2011. 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, 2010 and ending September 30, 2011; 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 23, 2010, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 9th day of August, 2010. R.A. Nugerf Mayor City of Nederland, Texas ATTEST: C&410"' j LaDonna Floyd, City derk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: JVeBr ick, Cit y Attorney Cderland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE 4:30 p.m. CITY OF NEDERLAND ' August 16, 2010 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. EMERGENCY MANAGEMENT A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve a one year extension of the agreement with Asplundh Environmental Service, Inc. for debris management services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a one year extension of the agreement with DRC Emergency Services, LLC for debris management services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember ' Rogers to approve a one year extension of the agreement with Garner Environmental Services, Inc. for emergency environmental management services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 3. CONTRACTS /AGREEMENTS A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a Professional Services contract (Task Order Edition) with Walker Partners, LLC in the amount of $289,000 for engineering services related to repairs /improvements of the Water Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 4. AD39URN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Neal to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I R. A. Nugent, Olayor 0 �0"v" a �La�Dbornna Floyd, City Clerk 1 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 Darrell Bush Police Chief t✓ Gary Collins Fire Chief Steve Hamilton Director of Public Works 1✓ George Wheeler Building Official ✓ Victoria Klehn Librarian VACANT Assistant to the City Manager Joni Underwood Executive Secreta ✓ - A&,U/14 R. A. Nugent, IV or LaDonna Floyd, City Clerk Date' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I 4:30 p.m. August 23, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve the Consent Agenda Items 3.a through 3.e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. a. Minutes: August 9, 2010 regular meeting and August 16, 2010 special meeting b. Financials — Tax Assessor Collector Report July 2010 c. Payments as follows: Carroll & Blackman, Inc., $1,012.00, Phase II MS4 Permit Implementation d. Requests: Nederland First United Methodist Church to utilize Doornbos Park for church services and recreational use, October 10, 2010. Nederland Hillcrest Baptist Church to utilize Doornbos Park for church services and recreational use, September 25, 2010. Mid County Noon Optimist Club to waive fees associated with the scheduled Cross Country Meet at Doornbos Park, September 11, 2010. Acceptance of Nederland Economic Development Corporation parking lots on Boston Avenue and Atlanta Avenue. e. Grants: Submission of a grant request to the Wilton and Effie Mae Hebert Foundation for FY 2010 -2011, $47,800.00. Acceptance of the Loan Star Libraries Grant, $6,658.00. 4. REGULAR AGENDA Comments Thomas Adams, 1136 Jackson Avenue, addressed the Council relative to a letter , he received from George Wheeler, Building Official, regarding Code violations of tiji Minutes continued, August 23, 2010 his property. Mr. Adams stated that his residence was suffered hurricane ' damage and he has been applying for grants through various State agencies. He added that he has not received any funding at this time and is not in a position to do any repairs. Mr. Wheeler stated that in his letter to Mr. Adams he explained the appeals process that can be initiated with a written request. Under the Property Maintenance Code the City Council would only act after the appeals process has been complete. Mayor Nugent advised Mr. Adams to meet with Mr. Wheeler to further discuss his situation. b. Presentation Wanda Hollier, Nederland Heritage Festival, presented a check in the amount of $3,100.00 to the Nederland Police Department. She thanked the City for their continued support of the Festival. c. Bids A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to appoint David J. Waxman, Inc. as the Administrative Firm for the FY 2010 CDBG sewer line replacement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to appoint d.p. Consulting Engineers, Inc. as the Engineering Firm for the FY 2010 CDBG sewer line replacement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' d. Public Hearings - Proposed Budget /Tax Rate The regular meeting was recessed and a Public Hearing was called to order at 4:47 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed FY 2010 -2011 Annual Budget. There being no questions and /or comments the Public Hearing for the proposed budget was adjourned at 4:48 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 2010 -2011 was called to order at 4:48 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 30th. Mayor Nugent stated that the tax rate will be voted on at the September 13, 2010 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 4:51 p.m. by Mayor Nugent. Minutes continued, August 23, 2010 Ambulance Services Chris Duque, City Manager, recommended that the Council make a final ' determination on the ambulance services application from Southeast Texas EMS. He reported that the cities of Port Neches, Groves, and Port Arthur have all denied their application. Mr. Duque recommends that Acadian Ambulance Service remain the City's sole provider for the next four months. During this time, staff will provide monthly reports to Council outlining Acadian's compliance with the ambulance ordinance requirements. If at the end of this four month period, Acadian has had a history of non - compliance and /or the Council believes a second provider is necessary, staff will solicit applications for consideration. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to deny a request by Southeast Texas EMS to provide ambulance services in the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:00 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 Judge. 6. RECONVENE I The regular meeting was reconvened at 5:31 p.m. by Mayor Nugent, 7. APPOINTMENT A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve Ordinance No. 2010 -09, appointing W. Kent Walston as an Associate City Judge. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 8. COMMUNICATIONS City Manager Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported on the various construction projects. The Beauxart Garden Road project contractor has completed the punch list and engineer is evaluating it; Allco, Inc. has four crews working on the asphalt overlay projects; and, the swimming pool will now be open for only private parties. ' b. Special Council meeting - Monday, August 30, 2010 at 4:30 p.m. Minutes continued, August 23, 2010 C. Update on Entergy filings — the City's consultant, Dan Lawton, will be sending ' updates regarding the settlement agreement and it appears that rates will be going up. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:42 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, yor City of Nederland, Texas ATTEST: S-_�r= LaDonna Floyc, City Clerk City of Nederland, Texas 1 1 s 183 4 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor !tA 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 V 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 VACANT Assistant to the City Manager Joni Underwood Executive Secretary1/ / R. A. Nugent, yor LaDonna Floyd, City Clerk 8 -J3- "C) Date 1 1 1 t IORDINANCE NO. 2010 -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS APPOINTING AN INDIVIDUAL PURSUANT TO SECTION 2.04(d) OF THE NEDERLAND CITY CHARTER, TO SERVE AS MUNICIPAL COURT ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF NEDERLAND; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. Pursuant to Section 2.04(d) of the Nederland City Charter, the City Council of the City of Nederland does here by appoint W. Kent Walston to serve as Associate Judge of the Municipal Court for the City of Nederland, in the event the regular Judge is temporarily unable to act. Section 2. The term of office for W. Kent Walston as Associate Judge of the Municipal Court shall be for a portion of a two (2) year term commencing August 24, 2010 and ending June 30, 2011 or until a successor is qualified and appointed in accordance with the City Charter, Section 3. This Ordinance shall be and is hereby cumulative of all other ordinances of the City of Nederland, Texas and this Ordinance shall not operate to repeal or affect any such other ordinances except insofar as the provisions thereof might be inconsistent or in ' conflict with the provisions of this Ordinance, in which such event conflicting provisions, if any, in such other ordinances or ordinances are hereby repealed. Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall become effective and shall be in full force and effect from and after the date of passage and adoption by the City Council of the City of Nederland, Texas, upon approval thereof by the Mayor of the City of Nederland, Texas. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 23rd day of August, 2010, R. A. Nugent, yor City of NederIffind, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je se Elrzipfick, City Attorney 'rederland, Texas t SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. August 30, 2010 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. PRESENTATIONS Wanda Hollier, Nederland Heritage Festival, presented a grant in the amount of $5,000.00 to the City of Nederland Parks and Recreation Department. Mrs. Hollier thanked the City for their continued support. On behalf of the citizens and the City Mayor Nugent thanked Mrs. Hollier for the work of the Festival and their contributions to various departments of the City. Scott Bonsall was given congratulations on his retirement after 31 years of service to the City of Nederland. Larry Graves, Street Superintendent, thanked Mr. Bonsall for his many years of dedicated service. Mr. Graves presented him with a gift from all City employees. Mayor Nugent also thanked Mr. Bonsall and wished him well in his retirement. Mr. Bonsall thanked the City and stated that he has enjoyed his years of , service to the community. 3. PUBLIC HEARING The special meeting was recessed and a Public Hearing was called to order at 4:37 p.m. 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 the Fiscal Year 2010 -2011. Mayor Nugent announced that the meeting to adopt the tax rate will be conducted at the Nederland City Office Building, 1400 Boston Avenue, on September 13, 2010 at 4:30 p.m. There being no questions and /or comments the Public Hearing was adjourned and the special meeting was reconvened at 4:39 p.m. 4. PAYMENTS A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve a payment to Carroll & Blackman, Inc. in the amount of $9,086.50, South 12th Street and Avenue H sewer line project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. I Noes: None. Minutes continued, August 30, 2010 A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve payments to Schaumburg & Polk, Inc. as follows: $9,983.00, 2010 Street Program and Hot Mix Overlay project; $1,605.50, Beauxart Garden Road project; and, $1,515.50, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. BIDS Chris Duque, City Manager, explained that the Nederland, Port Neches, and Groves Police Departments applied for, and were awarded, a 2009 Homeland Security Grant Project /Law Enforcement Assistance Program in the amount of $89,349.62. The three cities will each receive $29,784.00. The Nederland Police Department will utilize the funds to purchase five automated ticket writers, printer, additional batteries, chargers, licensing fees, and various supplies. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to authorize the purchase of various equipment and supplies (automated ticket writers) for the Nederland Police Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 6. FINANCE ' A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve Ordinance No. 2010 -20, amending the FY 2009 -2010 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 7. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Ortiz to adjourn the meeting at 4:47 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ayor City of Nederl nd, Texas ATTEST: ' LaDonna Floyd City Clerk City of Nederland, Texas I CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME I 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 ✓ Chris Duque City Manager LaDonna Floyd City Clerk ✓ Jesse Branick City Attorne ✓ 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 VACANT Assistant to the City Manager Joni Underwood Executive SecretaryI/ R. A. N gen , ayor LaDonna Floyd, City Clerk Date 1 1 1 1 189 ORDINANCE NO. 2010-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2009 -2010 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 Fiscal Year 2009 -10 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to increase revenues and expenditures as set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2009 -2010 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 30" DAY OF AUGUST, 2010. R ayor City of Nederland, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse B/anicV eity Attorney City o Ne land, Texas 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2009 -2010 DATE: August 19, 2010 DEPARTMENT: Various FUND: General ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01 -13-00 -6110 Salaries & Wages 206,072.00 2,457.00 208,529.00 01 -13 -00 -6124 TMRS 35,878.00 423.00 36,301.00 01 -13 -00 -6126 FICA 16,045.00 188.00 16,233.00 01 -15-00 -6110 Salaries & Wages 96,389.00 3,458.00 99,847.00 01 -15-00 -6124 TMRS 16 748.00 596.00 17,344.00 01 -15 -00 -6126 FICA 7,436.00 265.00 7,701.00 01- 16-00 -6110 Salaries & Wages 104,481.00 2,844.00 107,325.00 01 -16 -00 -6124 TMRS 18,323.00 490.00 18,813.00 01 -16 -00 -6126 FICA 8,135.00 218.00 8,353.00 01 -21 -00 -6110 Salaries &Wages 1311,883.00 7,261.00 1,319,144.00 01 -21 -00 -6124 TMRS 259,582.00 1,251.00 260,833.00 01 -21 -00 -6126 FICA 120,304.00 555.00 120,859.00 01 -22 -00 -6110 Salaries & Wages 764,490.00 3,293.00 767,783.00 01 -22 -00 -6124 TMMS 147,526.00 567.00 148,093.00 01 -22 -00 -6126 FICA 66,914.00 252.00 67,166.00 01 -90-00 -6409 lVacation Buy Back 32,899.00 (24,118.00)1 8,781.00 Net Effect to Fund Balance) 3213,105.001 - I 3,213,105.00 JUSTIFICATION Allocate Vacation Buy Back funds approved in fiscal year 09 -10 budget Dept Head Signature: Date: �1 Finance Director: dz� C Qaj- Date: d' --46 /D 1 1 Date Approved: Date Posted: I 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 August 19, 2010 Various General ACCOUNT NO. FISCAL YEAR: CURRENT BUDGET DATE: PROPOSED BUDGET DEPARTMENT: Salaries & Waees FUND: 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 August 19, 2010 Various General ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE DECREASE PROPOSED BUDGET 01 -30 -00 -6110 Salaries & Waees 138,930.00 1,509.00 140A39.00 01 -30 -00 -6124 TMRS 24,436.00 260.00 24.696.00 01 -30 -00 -6126 FICA 10,776.00 115.00 10,891.00 01 -31 -00 -6110 Salaries & Wages 334,852.00 3,493.00 1 338,345.00 01 -31-00 -6124 TMRS 66,018.00 602.00 66.620.00 01 -31-00 -6126 FICA 29,311.00 267.00 29.578.00 01 -32 -00 -6110 Salaries& Wages 81,027.00 1.437.00 82.464.00 01 -32 -00 -6124 TMRS 16.064.00 248.00 16,312.00 01 -32 -00 -6126 FICA 7,133.00 110.00 7,243.00 01 -90 -00 -6409 Vacation Buy Back 8,781.00 (8.041.00) 740.00 TOTALI 717,328.00 1 717,328.00 JUSTIFICATION Allocate Vacation Buy Back funds approved in fiscal year 09 -10 budeet Dept Head Signature:: Finance Director. �.s Date Approved: Page o _ of -_ Date: Date: -20— D Date Posted: FISCAL YEAR: DATE: DEPARTMENT: FUND: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2009 -2010 August 19, 2010 Various Water & Sewer ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 50 -60 -00 -6110 Salaries &Wages 283,640.00 12,104.00 295,744.00 50 -60 -00 -6124 TMRS 60,337.00 2,085.00 62,422.00 50 -60-00 -6126 FICA 26,789.00 926.00 27,715.00 50 -61 -00 -6110 Salaries & Wages 165,110.00 1,729.00 166,839.00 50 -61 -00 -6124 TMRS 29,038.00 298.00 29,336.00 50 -61 -00 -6126 FICA 12,893.00 132.00 13,025.00 50 -63 -00 -6110 Salaries &Wages 415,648.00 3,184.00 418,832.00 50 -63 -00 -6124 TMRS 83,567.00 549.00 84,116.00 50 -63 -00 -6126 FICA 37,103.00 244.00 37,347.00 50 -90 -00 -6409 Vacation Buv Back 26,393.00 21,251.00 5,142.00 TOTAL 1,140,518.00 1,140,518.00 JUSTIFICATION Allocate Vacation Buy Back funds approved in fiscal year 09 -10 budget Dept Head Signature: Finance Director.��� U Date Approved: Page_ of Date: Date: d -OW /O Date Posted: 1 193 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 4:30 p.m. 1. MEETING September 13, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve the Consent Agenda Items 3.a, b, c, d e.1 and f as presented, and to deny Item 3.e.2. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. a. Minutes: August 23, 2010 regular meeting and August 30, 2010 special meeting b. Reports— August 2010 Departmental Reports c. Consider acting calling for a Public Hearing to be held on September 27th at 4:30 PM for the purpose of receiving public comments regarding Hurricane Ike Round 2 projects. d. Consider action authorizing the Nederland Fire Department to submit a SAFER grant application to the U.S. Department of Homeland Security. e. Requests: 1. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center for a high school basketball league and waive associated fees. 2. Consider action regarding a request from the First Pentecostal Church to utilize the Nederland Recreation Center for physical education curriculum and waive associated fees. DENIED f. Payments: August 2010 monthly bills Jerry Walley Construction, LP, $28,989.90, S. 12th St. Sewer Line Relocation 4. REGULAR AGENDA a. Bids A motion was made by Mayor Pro Tern Albanese and seconded by ' Councilmember Ortiz to authorize soliciting bids for the "2010 Concrete Street Rehabilitation" project to be received October 5, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, September 13, 2010 Contracts /Ag reements Chris Duque, City Manager, explained that the current Industrial District ' Agreement with Sunoco will expire December 31, 2010 and both parties have agreed to the following: a 7 -year term (January 1, 2011 to December 31, 2017), real and personal property shall be taxed at 75% of the taxable value, inventory shall be taxed at 20% of the taxable value, for new construction the taxable value would be reduced by 100% for 2011 -2015, 62.5% for 2016, and 43.75% for 2017, and the City agrees not to annex any portion of the Sunoco property. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve an Industrial District Agreement with Sunoco Partners Marketing & Terminals, LP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. c. Utilities A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve Ordinance No. 2010 -21, utility rates and regulations (re- connect and returned check fees). 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 Ordinance No. 2010 -22, declaring certain utility accounts as uncollectable. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' d. Finance - Budget A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve Ordinance No. 2010 -23, an appropriation ordinance adopting a budget in accordance with Article VII of the Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Couhcilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. e. Taxes A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to set the maintenance and operation portion of the property tax rate at $0.371852 for FY 2010 -2011. 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 set the interest and sinking fund portion of the property tax rate at $0.206148 for FY 2010 -2011. 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 Albanese to approve Ordinance No. 2010 -24, adopting the tax rate for fiscal , year beginning October 1, 2010 and ending September 30, 2011, and move that the property tax rate be increased by the adoption of a tax rate of $0.578000 which is effectively a 4.84 percent increase in the tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. I q:1 Minutes continued, September 13, 2010 A motion was made by Councilmember Ortiz and seconded by Councilmember ' Neal to ratify the property tax revenue increase reflected in the budget adopted for FY 2010 -2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. f. Policies /Procedures A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve amending the Nederland Safety Police and Procecure Manual (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve amending the Standard Operating Procedure #SOP- 16 -08, Earning and Accumulating Compensatory Time, (see attached). 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 Albanese to approve amending the Callout Guideline (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' S. EXECUTIVE SESSION The regular meeting was recessed at 5:00 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - Annual Evaluation of City Manager. 6. RECONVENE The regular meeting was reconvened at 7:05 p.m. by Mayor Nugent. 7. CONTRACTS /AGREEMETNS A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern Albanese to postpone amending the City Manager's Employment Agreement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. COMMUNICATIONS City Manager Report: ' a. Construction Project Update - All projects are continuing as scheduled. 1 r r r- Minutes continued, August 23, 2010 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded ' by Councilmember Neal to adjourn the meeting at 7:07 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent ayor City of Nede nd, Texas ATTEST: C--4 D� LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 1 1 1 C 1 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 Attorne ✓ Cheryl Dowden Director of Finance Ll Darrell Bush Police Chief Gary Collins Fire Chief ✓ Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian ✓ VACANT Assistant to the City Manager Joni Underwood Executive Secretary ✓ R. A. Nugent, Mayo Q�QQmn Q cXXa c-gj ' LaDonna Floyd, City CI�� 9- /.3 -i© Date I q CITY OF NEDERLAND ' ORDINANCE NO. 2010-21 AN ORDINANCE ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE- CONNECTION CHARGES, TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2009-21. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland, Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Reeulations. All other ordinances and/or regulations governing City of Nederland water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any I balances due for water services provided hereunder and the City may collect such balances due. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the City of Nederland. The systems shall be operated in accordance with ordinances and policies adopted by the City of Nederland, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terns "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage /trash services as provided by the City of Nederland. 3. For the purpose of this ordinance, the term "customer" shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and/or business required to or desiring to obtain water service from the City of Nederland shall make application on a form supplied by the City. The application -shall include: a) name of the individual to be responsible for the payment of utility service; b) the social security number of the individual responsible for payment; c) the driver's license number; d) the applicant's employer; e) the applicant's work telephone number; f) address to be served; g) address, if different from the service address, to which bills are to be sent; h) home telephone number; i) the signature of the individual responsible for payment, and j) ' proof of identification. 2. The person responsible for the payment of utility service shall agree that he /she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the City. 199 ' SECTION 4. Installation of Service. 1. No private service lines shall be connected or tapped to any City water line unless a meter is installed by the City at that connection. 2. No private service lines shall be connected to any City sewer line unless the connection/tap has been made and/or approved by the City. 3. Not more than one (1) premise may be connected to any one (1) water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master ' meter to serve apartment complexes, mobile home parks, etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the City, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation, water provided by such separate service will not be discharged through the City's sewer system. SECTION 5. Water Connection/Taps. 1. The City reserves the right to tap existing City water lines, set water meters, and require use of City taps and meters. 2. Any individual or business desiring a water tap shall make said request to the City. If said request, in the City's opinion, is beneficial to the City and/or does not endanger the existing water line and/or water system, the City shall provide all materials, labor and equipment to ' tap the existing water line. 3. The City shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No SVM Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1" Water Tap 450.00 675.00 1 t/z " Water Tap 650.00 975.00 2" Water Tap 1,400.00 2,100.00 Over 2" Water Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 21'- 30' 525.00 675.00 31'- 40' 700.00 875.00 41'- 50' 850.00 1,050.00 5. In return for payment of such fee, the City shall tap the existing City water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. ' SECTION 6. Sewer Connection/Taps. 1. The City reserves the right to tap existing City sewer lines. .1 -00 2. Any individual or business desiring a sewer tap shall make said request to the City. If said ' request, in the City's opinion, is beneficial to the City and/or does not endanger the existing sewer line and/or sewer collection system, the City shall provide all materials, labor and equipment to tap the existing sewer line. 3. The City shall make the final determination as to the location of the sewer tap. 4. The sewer connection fees are as follows: 8" depth/width or less Inside City Outside City Length (No Stmt Excavation) (No Str Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City 41'- 50' (No Strad Excavaioo) (No Strad Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Sewer Tap Cost Cost x 1.5 S" Sewer Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: SECTION 7. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: 3/4" and Smaller Water Meter 1" Water Meter 1 '/1 " Water Meter 1 % " Water Meter 2" and Larger Water Meter Inside City Additional Cost for Street Excavations $100.00 Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 2l'- 30' 525.00 675.00 31' - 40' 700.00 875.00 41'- 50' 850.00 1,050.00 SECTION 7. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the City in accordance with the following schedule: 3/4" and Smaller Water Meter 1" Water Meter 1 '/1 " Water Meter 1 % " Water Meter 2" and Larger Water Meter Inside City Outside City $100.00 $100.00 150.00 150.00 200.00 200.00 250.00 250.00 300.00 300.00 2. In order to be provided with an additional garbage container, which shall be limited to one (1) additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in £till by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. Application of Deposit. 1. Upon the termination of water service, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid. 2. Current customers, who continue to maintain utility service and who have, each month, paid their bill in full and by the due date specified on each individual bill for a period of twelve (12) consecutive months shall, at their request, be refunded the full amount of their deposit. I 1 1 1 � I 201 SECTION 9. Previous Service - Outstanding Balance. 1. Any applicant requesting water service from the City who has previously had City water service and has, at the time of application, an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 10. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 Gallons (minimum)* $ 7.95 $ 12.45 Each additional 1,000 gallons ** 2.25 4.00 Water Line Maintenance — 0.26 0.26 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * * Except as required by provisions of outside City contracts. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * *Except as required by provisions of outside City contracts. SECTION 12. Garbaee Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 16.75 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billin¢ and Penaltv. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the ten percent (10 %) penalty shall not be applied to persons age 60 or Inside City Outside City First 2,000 Gallons (minimum)* $ 8.75 $ 14.80 Each additional 1,000 gallons ** 2.90 4.35 Water Line Maintenance — 0.26 0.26 per 1,000 gallons (above minimum) * Effective July 1, 2007, where water service is provided to multiple units served by one meter, the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent (90 %) occupancy of the total number of units. * *Except as required by provisions of outside City contracts. SECTION 12. Garbaee Rates. 1. All residences inside the City limits shall be required to use the City of Nederland garbage service in accordance with the following schedule: Inside City Rates (per month) $ 16.75 + sales tax* Additional Container 5.00 + sales tax* *Sales tax shall be in an amount required by law SECTION 13. Billin¢ and Penaltv. 1. All charges on utility service bills shall be due and payable to the City at the City Office Building fifteen (15) days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10 %) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the ten percent (10 %) penalty shall not be applied to persons age 60 or older until the 25th day after the date on which the bill was issued, provided that such ' person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the fifteenth (15th) day fall upon a weekend, holiday, or any day that the City Office Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinquency - Termination of Service. 1. If full payment is not received by the City by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the ten percent (10 %) penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be mailed to the customer's premises on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. SECTION 15. Re- connection Charges. 1. Should utility service be discontinued due to non - payment of a utility bill, all funds due to the City, in addition to a re- connection fee shall be paid prior to reinstatement of utility service. The re- connection fee shall be $25.00 if reinstatement of utility service is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). The re- connection fee shall be $80.00 if reinstatement of utility service is requested after working hours. If customer does not have a $200 deposit on file, he will be required to pay a deposit in addition to the account balance and reconnection fees before utility service is reconnected. ' 2. Should service be discontinued, the City shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, a $20.00 fee shall be assessed. This fee shall be paid, in addition to all other charges, prior to reinstatement of service. 3. Should any person turn on water service, after the City has discontinued the service for non- payment, such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non - payment, the City may require the following: a. Payment for the delinquent bill in the form of cash, money order, and/or cashier's check. b. The City retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice, water will be immediately disconnected. SECTION 16. Transfer Fee. 1. A transfer fee, in the amount of $15.00, shall be assessed for transferring service within the City's utility service system. The current and final balance, if any, on the account transferred plus $15.00 will be added to the customers new account. SECTION 17. Returned Check Fees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial ' institution due to, but not limited to, insufficient funds and/or closed account shall be assessed a $30.00 fee. 2. The City may, at the request of the customer, re -run the check. If the check is accepted, the fee shall be waived. However, if the check continues to be returned, the City shall require ' that the bill be paid by cash, money order, or cashier's check. 3. The City retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial institution error, the financial institution shall submit written verification of such error. In this situation, the fee shall be waived. 5. Should a customer have more than two (2) checks returned due to insufficient funds and/or closed account within a period consisting of twelve (12) consecutive months, the City shall no longer accept checks from that individual for a period of 24 months. During the 24 month period, all payments shall subsequently be made in the form of cash, money order, and/or cashier's check. SECTION 18. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 19. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the City. The City shall exercise care in the delivery of utility bills, but is not responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 20. Deferred Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. 2. Should a customer not be able to pay his/her account by the due date, he /she must contact the City prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the City prior to the issuance of a disconnection notice, he /she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the City may develop a payment schedule which shall be documented on a form supplied by the City. This form shall include, but not be limited to, the following information: a) dates of future payments; b) amounts of future payments; and c) signature of the customer. Should the customer subsequently not comply with the payment schedule, water service shall be disconnected and shall not be reinstated until the full amount owed on the bill is paid. 5. In no case shall the City abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he /she shall not be permitted to establish additional payment schedules until full payment has been received on the initial/existing payment schedules. SECTION 21. Sewer Adiustments. ' 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six (6) monthly bills during the previous six (6) month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons, the cost of water shall be adjusted by one -third (1/3) of the excess water usage based upon an average of six (6) monthly bills during the previous six (6) month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average ofthe preceding twelve (12) months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a sewer adjustment be granted if the City notified the customer of a potential water leak on his/her property. 5. Sewer adjustments will be limited to one per twelve month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. I SECTION 22. Meter Tampering. 1. It is unlawful for any person to turn on water to any premises from the City water system without first obtaining approval from the City. 2. It is unlawful for any person to connect water service to a premises after service has been terminated by the City. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the City. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars ($500.00) shall be assessed where a meter has been interfered with, disturbed, or damaged. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage - a service fee of $50.00 - $200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the City. 2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items not able to be placed into the standard City garbage container, from empty (undeveloped or vacant) property must be hauled off by the owner or developer at their expense. 3. The City will provide collection of trash to customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. ' 4. Should an owner of property within the City request the removal of trash, the City may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees. The ATTEST: ' La Donna Floyd, City City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J se Br i City Attorney tof ederland, Texas 1 R. A. Nugent, or City of Nederl d, Texas ?() 5 amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the City dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals /companies hired by the property owners. SECTION 24. Validation. 1. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect October 1, 2010. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 13'' day of September 2010. ATTEST: ' La Donna Floyd, City City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J se Br i City Attorney tof ederland, Texas 1 R. A. Nugent, or City of Nederl d, Texas ?() 5 ORDINANCE NO. 2010-22 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE -OFFS IN THE AMOUNT OF $14,019.76 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9 -30- 10 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 2009 -10 in the amount of $14,019.76 as set forth in Attachment "A." Section 2. Charge -offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106 -32 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from I and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 13" day of September, A.D., 2010. ATTEST: �CUe�w� LaDo�nna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Brani c, ity Attorney C' of N erland, Texas R. A. Nugent, M or City of Nederlan Texas 1 1 1 ATTACHMENT "A" CITY OF NEDERLAND ACCOUNTS TO BE WRITTEN OFF FOR FYE 2009 -2010 Account Number Amount 01- 0400 -02 -0 12.44 01- 1320 -01 -0 74.62 01- 1330 -01 -0 62.85 01- 1550 -02 -0 60.12 02- 0290 -04 -0 79.72 02- 0980 -13 -0 34.44 02- 1020 -01 -0 81.84 02- 1660 -03 -0 266.92 02- 1670 -04 -0 64.63 02- 1900 -05 -0 135.88 02- 2610 -06 -0 59.43 03- 0380 -03 -0 49.85 03- 0615 -04 -0 117.49 03- 0615 -05 -0 14.09 03- 0710 -01 -0 123.95 03- 0710 -02 -0 16.75 03- 0800 -07 -0 0.02 03- 0800 -08 -0 29.34 03- 1240 -03 -0 156.18 03- 1400 -00 -0 32.06 03- 2160 -01 -0 127.69 04- 0208 -03 -0 22.42 04- 1240 -06 -0 213.05 04- 1350 -04 -0 55.77 04- 1780 -06 -0 18.12 044020 -06 -0 96.13 04- 4020 -08 -0 136.30 05- 0140 -02 -0 159.52 05- 0410 -08 -0 121.12 05- 0470 -05 -0 57.46 05- 0470 -06 -0 74.11 05- 0600 -00 -0 93.37 05- 1180 -04 -0 47.22 05- 1360 -09 -0 98.26 05- 1410 -07 -0 105.59 05- 1500 -02 -0 19.33 05- 2010 -05 -0 169.26 05- 3190 -08 -0 92.66 05- 3260 -06 -0 13.24 05- 3660 -12 -0 53.63 06- 1160 -04 -0 138.05 06- 1360 -07 -0 15.17 06- 1370 -03 -0 159.07 06- 2490 -01 -0 124.19 06- 3010 -00 -0 87.69 07- 0620 -08 -0 15.68 07- 0760 -01 -0 384.06 07- 0950 -17 -0 46.18 07- 1140 -00 -0 85.14 07- 1590 -16 -0 18.98 07- 1700 -01 -0 - 33.00 07- 2190 -02 -0 92.56 08- 0740 -02 -0 124.87 08- 2190 -11 -0 64.50 08- 2680 -00 -0 45.11 09- 0340 -01 -0 106.68 09- 0440 -08 -0 30.15 09- 0790 -06 -0 20.77 09- 1190 -10 -0 92.53 09- 1620 -02 -0 109.55 an7 208 ACCOUNTS TO BE WRITTEN OFF FOR FYE 2009 -2010 (continued) 09- 1620 -04-0 09- 2180 -00-0 88.83 09- 2270 -02 -0 164.90 ' 09- 2290 -02 -0 47.98 10 -0560 -06-0 23.49 10- 1750 -01 -0 69.27 11- 1100 -07-0 259.77 11- 1786 -01 -0 30.99 11- 1790 -07 -0 33.60 11- 2330 -00-0 162.23 11- 2570 -00-0 95.61 11- 3195 -08-0 97.02 11- 3206-06-0 68.33 11- 3212 -11 -0 77.79 11- 3212 -13-0 71.99 11- 3245 -08 -0 42.67 12- 0240 -11 -0 47.10 12 -0740 -05-0 152.84 12 -0890 -05 -0 26.98 12- 1120 -08-0 56.28 12- 1510 -04 -0 17.57 12- 1540 -05-0 35,04 13-0635 -04 -0 25.48 13 -0660 -19 -0 162.34 13 -0930 -06-0 32.62 13- 1530 -00 -0 63.15 13- 2070 -18 -0 23.49 23- 2070 -19-0 22.26 13- 2124 -06 -0 39.13 13- 2126 -08-0 63.43 14- 0270 -01-0 14 -0740 -06-0 112.68 6.65 14- 0740 -07-0 97.53 ' 14- 1430 -14 -0 45.81 14- 1820 -00 -0 106.23 14- 1920 -01-0 9.75 14- 2030 -03-0 51.32 14. 2370 -03-0 16.84 15- 0270 -00 -0 768.78 15 -0500-07 -0 341.99 15- 1510 -00 -0 145.45 15- 1690 -05 -0 158.43 15- 1760 -08.0 31.09 15- 2570-01 -0 159.06 I6 -0240-01.0 15.91 16- 0460 -10 -0 104.26 16 -0530 -10 -0 164.88 16 -0530 -11-0 27.96 16- 0540 -09 -0 91.32 16- 0660 -12 -0 21.62 16 -0875 -04 -0 94.18 16- 0875 -05 -0 112.45 16- 1140 -01-0 77.50 16- 1700 -03 -0 101.55 16- 1710 -01 -0 193.92 16- 1710 -02 -0 41.45 16- 1870 -02-0 102.70 16- 1900 -13 -0 71.% 16- 1900 -14 -0 163.60 16- 2090 -27-0 21.03 16- 2290 -04 -0 41.77. 16- 2750 -03 -0 61.97 17 -0710 -08 -0 18.98 ' 17 -0710 -09 -0 147.18 17. 0863 -06-0 63.85 46.57 1 1 1 ACCOUNTS TO BE WRITTEN OFF FOR FYE 2009 -2010 (continued) 17- 0942 -02 -0 112.67 17- 1000 -02 -0 73.64 17- 1590 -13 -0 188.11 17- 1600 -11 -0 107.78 17- 1620 -03 -0 109.19 17- 1650 -12 -0 107.84 18- 0049 -00 -0 237.15 18- 0170 -03 -0 33.57 18- 0820 -02 -0 64.25 18- 1285 -03 -0 169.39 18- 1890 -14 -0 3.23 18- 2040 -00 -0 161.32 18- 2450 -02 -0 21.57 18- 2680 -06 -0 1.98 19- 0466 -06 -0 93.81 19- 0900 -10 -0 14.12 19- 1090 -01 -0 394.05 19- 1130 -00 -0 125.86 19- 2180 -08 -0 72.63 20- 0020 -09 -0 81.23 20- 0070 -09 -0 59.75 20- 0320 -07 -0 57.13 20- 0500 -06 -0 71.92 20- 0500 -08 -0 119.78 20- 1280 -06 -0 34.05 20- 1280 -10 -0 10.71 20- 1980 -14 -0 46.38 20- 2140 -03 -0 111.72 20- 2190 -02 -0 27.75 20- 2460 -13 -0 3023 20- 2460 -14 -0 25.52 21- 0650 -00 -0 35.87 21- 1620 -02 -0 14.67 21- 2390 -I1 -0 1.99 22- 2920 -06 -0 31.49 23- 0630 -00 -0 159.53 24- 0830 -00 -0 26.68 Total $ 14,019.76 CITY OF NEDERLAND ORDINANCE NO. 2010-23 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, IN ACCORDANCE WITH ARTICLE VII, OF THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, in accordance with Article VII, Section 7.02 of the City Charter, the City Manager prepared and presented to the City Council a city budget itemizing estimated revenues and appropriations for the ensuing fiscal year beginning October 1, 2010 and ending September 30, 2011. 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 23, 2010, 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, six hundred forty-eight thousand, six hundred and thirty-five dollars and no cents ($8,648,635.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $13,400 b. Legal $63,565 c. City Manager $382,547 d. Finance $261,466 e. Personnel $198,349 f. Civil Service $4,350 g. City Hall $65,110 h. Police $2,847,459 i. Police- Prisoner Extra Help $37,270 j. Emergency Management $36,830 k. Fire $1,404,172 1. Fire Volunteers $16,470 m. Inspections $213,525 n. Public Works Administration $260,557 o. Street Department $937,426 p. City Shop $152,980 q. Parks & Recreation $469,952 r. Library $421,496 s. Other Requirements $861,711 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, three hundred seventy-nine thousand, one hundred and seventy-nine dollars and no cents ($2,379,179.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. 1 1 Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of I Four million, one hundred thirty thousand, five hundred dollars and no cents ($4,130,500.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 1 211 a. Water Treatment $1,222,004 b. Billing/Collections $331,282 c. Wastewater Treatment $821,219 d. Water & Sewer Distribution $945,144 e. Other Requirements $810,851 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, three hundred twelve thousand, five hundred dollars and no cents ($1,312,500.00) 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 Seventy thousand dollars and no cents ($70,000.00) to the Equipment Replacement Fund - General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Sixty-one thousand, five hundred dollars and no cents ($61,500.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - EQUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred twenty-five thousand and no cents ($125,000.00) to the Equipment Replacement Fund -Solid Waste for the payment of necessary capital outlay. Section 9 - POLICE NARCOTICS FUND. That there be and is hereby appropriated the sum . of Fourteen thousand, four hundred and no cents ($14,400.00) 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 Ninety -five thousand, six hundred dollars and no cents ($95,600.00) 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-one thousand, three hundred twenty nine dollars and no cents ($61,329.00) 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 Twenty-eight thousand dollars and no cents ($28,000.00) 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 Five hundred thousand dollars and no cents ($500,000.00) to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 15 — FIRE DEPARTMENT SPECIAL FUND. That there be and is hereby appropriated the sum of Two hundred sixty-four thousand dollars and no cents ($264,000.00) to the Fire Department Special Fund for the payment of operating expenses and necessary capital outlay. ' Section 16 - ECONOMIC DEVELOPMENT FUND. That there be and is hereby appropriated the sum of Nine hundred, sixty-one thousand, twenty-three dollars and no cents ($961,023.00) to the Economic Development Fund for the payment of operating expenses and necessary capital outlay. c Section 16 - MID- COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND. That there be and is hereby appropriated the sum of Eight hundred sixty -nine thousand, three ' hundred twelve dollars and no cents ($869,312.00) to the Mid - County Municipal League Dispatch Fund for the payment of operating expenses and necessary capital outlay. THAT the foregoing appropriations for expenditures be adopted as the budget for the ensuing fiscal year beginning October 1, 2010 and ending September 30, 2011. 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, 2010, shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2010 and ending September 30, 2011, 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 13TH DAY OF SEPTEMBER, 2010. R. A. Nugent ayor City of Nederland, Texas ATTEST: a �nna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: L� Jess rani 'City Attorney Ci ofN erland, Texas 1 ?13 ' ORDINANCE NO. 2010-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2010, 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. SECTION 2: - That there is hereby levied for the current year, 2010, 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, 2011 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), 37.1852 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 20.6148 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred twenty-three thousand, one hundred eighty -eight dollars ($423,188.00) on the Certificates of Obligation, Series 1996, 4.4168 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of Five hundred forty thousand, eight hundred thirty-three dollars ($540,833.00) on the Certificates of Obligation, 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 2010, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,023,896,900; 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 4.84 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $11.53; ' 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 $1,023,896,900, shall become the tax assessment rolls of the City of Nederland for the year 2010, less all exemptions provided by either State Law or City ordinance in the amount of $79,006,316. SECTION 2: - That there is hereby levied for the current year, 2010, 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, 2011 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), 37.1852 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 20.6148 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Four hundred twenty-three thousand, one hundred eighty -eight dollars ($423,188.00) on the Certificates of Obligation, Series 1996, 4.4168 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of Five hundred forty thousand, eight hundred thirty-three dollars ($540,833.00) on the Certificates of Obligation, 214 Series 1998, 5.6447 cents on each one hundred dollars ($100) valuation of property. , For the purpose of paying interest and principal of Two hundred ninety -two thousand, four hundred ninety -three dollars ($292,493.00) on the Certificates of Obligation, Series 1999, 3.0527 cents on each one hundred dollars ($100) valuation of property. ' For the purpose of paying interest and principal of Three hundred eighty -two thousand, four hundred seventy -four dollars ($382,474.00) on the Certificates of Obligation, Series 2002, 3.9919 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of Three hundred thirty-six thousand, one hundred seventy -five dollars ($336,175.00) on the General Obligation Bonds, Series 2008, 3.5087 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 2010 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 13" DAY OF SEPTEMBER, A.D., 2010. ATTEST: CA00 .. u� LaDonna Floyd, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Brani c, City Attorney Ci ofN erland, Texas 5� R. A. ug nt, Iv( or City of Nederl d, Texas 0 1 r ' NEDERLAND SAFETY POLICY AND PROCEDURE MANUAL PROPOSED REVISIONS OCTOBER 1, 2010 I. All references to the "Assistant to the City Manager" will be revised to "Personnel Director" as title has changed. II. 1.2 Safety Director and Personnel Director The Safety Director will be selected and appointed by the City Manager. Qualifications for the Safety Director will include a person who will have the ability and background necessary to recognize the needs of the Safety Program and the skills to make recommendations for the effective management of the program. The Safety Director, in conjunction with the Personnel Director, has the overall direct responsibility for the implementation and administration of the Safety Policy and Procedure Manual. Specifically, these individuals shall:.... Introduces criteria for selection as Safety Director, who shall be appointed by city manager. III. 1.4 Accident Review Committee ' The selection of the individuals to serve on the Accident Review Committee shall be determined by the Safety Director based on the best candidates for the individual task at hand. A typical Accident Review Committee may be composed of the following employees: Safety Director, City Manager, Assistant to the City Manager, supervisor of the department in which accident occurred, a non - supervisory employee of the department in which accident occurred, the employee who was involved in the accident, and any other person(s) deemed necessary by the Safety Director. In the event a Department Head /Supervisor is involved in an accident, an alternate Accident Review Committee shall be appointed to review the accident... Stipulates that the city manager serves on the Accident Review Committee. IV. 1.7 Safety Coordinators Safety Coordinators are non - supervisory employees who have volunteered to serve in an advisory capacity to the Safety Program. They bring an objective outlook to safety management and their input is vital to the effectiveness of the safety function. Safety Coordinators will be appointed by a committee comprised of the City Manager, Personnel Director, and Safety Director. The proposed members will be appointed to undetermined terms and appointments will be subject to the ' approval of the employee's department head. Safety coordinators will be appointed by a committee, not the employee's I department head, but department heads will retain approval of the appointment. V. Add Section 1.9 to the Manual 1.9 Defining Accidents The term "injury accident," for the purpose of this manual, is defined as bodily injury or illness that occurs during course and scope of duty by a City of Nederland employee. A motor vehicle accident, for the purpose of this manual, is defined as significant damage to a vehicle owned and /or operated by the City of Nederland and the occurrence would follow the guidelines set forth by the State of Texas that defines a motor vehicle accident. Damage to equipment, other than a motor vehicle accident, will be governed by existing City policy and /or departmental policy and not subject to the guidelines of this manual. 1.9.1 Reporting Accidents Injury accidents and damage to a City owned and /or City operated motor vehicle will be reported to the appropriate supervisor. Employees will summon medical assistance for injured employees and /or other persons. 1.9.2 investigating Accidents , Supervisors will investigate to determine if injuries have occurred and will summons or seek medical care for injured employees and /or other persons. 1.9.3 Accident Reports Supervisors will prepare a report for injury accidents requiring medical attention and motor vehicle accidents that occur within their department /division. 1.9.4 Review Injury accidents and motor vehicle accidents that are classified as reportable in Section 1.9.3 will be reviewed by the Accident Review Committee. After careful review, the Accident Review Committee will determine if a reasonable person, under the some circumstances, could have prevented or not prevented the occurrence of the accident in question. The Accident Review Committee will operate under the guidelines set forth in Section 1.4. Injuries that are solely due to exposure to Poison Ivy /Oak or exposure to possible communicable disease in which testing is only a preventive measure will not be subject to the Accident Review Committee process. 1.9.5 Use of Cell Phones and Electronic Devices While operating City owned and /or City operated motor vehicles and ' equipment, employees will not (1) talk on a cell phone or related device while in a school zone as prohibited by state law, or (2) send or receive text messages. This does not apply to City issued two -way radio equipment and /or City issued data transmission devices used in the official discharge of city operations. VI. Amend 2001 City of Nederland Safety Dinner Program, effective October 1, 2010 Award: Each target group meeting the criteria of this project shall be awarded with a safety dinner funded by the City of Nederland. The following employees will be invited to attend the dinner: 1. Employees of the target group, except those excluded by the provisions of this program 2. Department Head 3. Safety Director 4. All Safety Coordinators Provisions: 1. Safety dinners will be conducted at a restaurant or be catered by a restaurant located within the City of Nederland. 2. Safety dinners will be open only to qualifying employees and generally a guest. 3. Qualifying employees must dine at the selected restaurant in order to receive the award. 4. Take -out orders will only be provided to on -duty employees who cannot their duty station. S. The City will purchase one entree', dessert, and soft drink for each qualifying member. 6. Adult beverages, appetizers, and guest meals will be billed separately and will not be the financial responsibility of the City of Nederland. Responsibilities: 1. Safety Committee: A. To oversee the entire project and make necessary changes. 2. Project Coordinator — Safety Director A. To oversee the project. 3. Records Coordinator— Personnel Director A. To maintain records relevant to the project. 1 2._6.8 A copy of the proposed revisions to the Safety Policy and Procedure Manual has been attached ' for your review: • All references to "Assistant to the City Manager" have been revised to "Personnel Director." • SAFETY DIRECTOR —the safety director shall be appointed by the city manager with the minimum criteria listed; currently, there is no mention of who appoints to the safety director and what criteria should be utilized in making this decision. • ACCIDENT REVIEW COMMITTEE —the city manager will serve on the accident review committee; while this has been the practice in recent years, it is not required. • SAFETY COORDINATORS —safety coordinators, who are non - supervisory employees, will be appointed by a committee comprised of the safety director, city manager, and personnel director. If this work would interfere with the operations of a department, the department head can veto the appointment recommendation. Pay reductions would be effective the date of the demotion. • 1.9 —adds section 1.9 to the Manual, which focuses on accidents. This includes defining, reporting, and investigating accidents, accident reports, and accident review. Finally, this section prohibits employees operating City vehicles and equipment from talking on cell phones or related devices while in a school zone (in accordance with state law) and receiving/sending text messages, emails, etc. • SAFETY DINNERS —minor revisions include requiring dinners to be held or catered via a restaurant within the City, employees may bring a guest who they pay for, the employee must attend the dinner to receive the meal unless they are on duty and cannot leave their work station, and the meal includes an entree and drink. ' Following the resignation of Fire Captain Cuitia as Safety Director, Mrs. Galloway and I felt it was appropriate to assess the effectiveness of the safety program, which was last updated in 2003. I engaged Tom Hicklin, the former Safety Director to perform this assessment. Mr. Hicklin discussed the program with department heads, supervisors, and rank -and -file employees to solicit their input. Mr. Hicklin prepared his recommendations, which were presented to the Safety Committee last month. Minor revisions were made following this meeting. A copy of the proposed revisions was available to Accident Review Committee members, some of whom shared the revision with their co- workers, and the feedback I have received is fair and without opposition. The safety dinner revisions are necessary to reign in escalating costs and to refocus on the intent of the program. The Safety Committee, Safety Director, and I recommend approval of the above - listed revisions effective October 1, 2010. 1 CITY OF NE.DERLAND STANDARD OPERATING PROCEDURES SOP -16 -08 SUBJECT: Earning and Accumulating Compensatory Time EFFECTIVE DATE: April 25, 1995 REVISED: September 13, 2010 POLICY In order to maintain and promote efficient and accurate pay records, the following rules have been adopted by the City of Nederland. These rules apply to all non - bargaining unit, non - exempt (hourly) employees and govern the earning and accumulation of compensatory time in lieu of overtime wages. Affected employees will follow these rules. Failure to obey these rules may result in such disciplinary action, as may be appropriate. Any employee who is in doubt concerning the meaning or application of these rules is advised to consult with his or her supervisor. II. PROCEDURE ' A. All non - bargaining unit, non - exempt (hourly) employee shall be afforded the opportunity to select overtime wages or compensatory time for all hours worked in excess of the employee's regular work day (shift) in accordance with the provisions of the Fair Labor Standards Act: 1. Compensatory time will be granted at the rate of time and one -half. 2. If compensatory time is desired, the employee must sign a statement to signify the desire to receive compensatory time off in lieu of overtime wages. 3. Unused, accrued compensatory time shall be paid at a rate consistent with state and/or federal laws upon separation from employment. 4. Request for use of compensatory time shall be honored within a reasonable period of time after the request is made. The employee's supervisor will schedule the compensatory time off in accordance with the most efficient operation of the employee's department. 5. At no time shall the employee accumulate more than twenty -four (24) hours of compensatory time, which is equivalent to 16 hours worked. Overtime exceeding the twenty -four (24) hour ceiling must be compensated through overtime wages. 6. Compensatory time, which is taken, must be documented on a daily attendance report, on properly executed Authorization of Leave forms, and/or the time clock. 1 ?J9 r ' CALLOUT GUIDELINE ' 10 -01 -2010 This guideline explains how the City of Nederland's callout will operate. This guideline must be followed. CALLOUT LIST Callout crews are formed using volunteers. Volunteers sign up to be on call for one year. If there are not enough volunteers, then the Water /Wastewater Department will have to on the callout list. If you are on call at the end of December, then you remain on call to complete one week of callout even if it goes into the following year. Once the list is final, no one can get on or off the list. The sign up list is usually posted in November prior to the year the list will take effect. The schedule is created by taking approximately half the volunteers and marking them #1 workers (Crew Leaders) and the other half as #2 workers. The #1 workers are designated by using seniority, knowledge of the system and knowledge of operating procedures. Seniority is used to place the workers on the schedule plus any other scheduling constraints that may be in place. 2. YOU ARE REPONSIBLE FOR YOUR CALLOUT ' If you need to get off your callout, it is your responsibility to take care of the situation. If you are off on vacation, sick, hurt, or etc., you are still responsible to find someone to take your callout. You must call and ask other employees to take your callout for the duration you are off. If you cannot get someone to take your callout for you, then you must contact the water /wastewater supervisor to appoint someone for you. When you contact the supervisor, you must do so 48 hours prior to the time you would be going on callout and you must provide at least 6 names of the people you contacted to take your callout. 3. GIVING YOUR CALLOUT UP TO SOMEONE ELSE When you give your callout up to someone, they become responsible for the callout. To transfer your callout to someone else, you must complete the "transfer of Callout" form. Once this is correctly filled out and signed, the transfer of callout is complete. The person taking the callout is required to call the water plant operator to inform them of the change. 4. CREW LEADER The person listed first on the callout list is the #1 person. This person is the crew leader. The crew leader has the authority to assign the crew members to particular tasks, to send home employees no longer needed, and other job tasks that come with being a crew I leader. ' 5. EQUIPMENT OPERATORS If an excavation with equipment is required, attempts to callout an equipment operator or relief operator must be made. Equipment operators will operate before relief operators and non - operators. Relief operators will operate before non - operators. 6. CALLOUT DURATION Callout will begin at Friday at 7:OOAM and end on the next Friday at 7:OOAM. This includes all holidays. 7. CHECKING CALLS The #1 person on callout must check the call first. If a second person is required, then that person is called out. This stands true for sewer calls also. If the work is minor, there is no other pending more important work, and the work can be done within the 2 hours received, then it is expected that the work be done. An example of this would be a meter leak with no other leaks pending. 8. RESPONSE TIME The person on callout must be able to respond on site within 30 minutes of an attempt to be notified that they must come to work. If you fail to report on site within the allotted time, you may be disciplined. It is your responsibility to ensure that you can be reached at all times. 9. CONFLICTS WITH SCHEDULED OVERTIME There are times when scheduled overtime will take place. Some of this work may be time sensitive and the person on callout will not be allowed to work the scheduled overtime. The supervisor over the scheduled work is the one to determine whether or not it is a time sensitive job (i.e. concrete work, picking up trash when behind, etc.). 10. TAKING VEHICLES HOME WHILE ON CALLOUT The #1 person on call is allowed to drive a City of Nederland vehicle home. There may be some instances due to travel distance that the #1 person will not be allowed to take a vehicle home. The #2 person on call is not allowed to drive a City of Nederland vehicle home under any circumstances. The #1 person is allowed to pick up the #2 person only when the situation allows it, that it is in the best interest of the City and if they live within the city limits. 11. NUMBER OF EMPLOYEES WORKING Only two people are required to run sewers. An exception would be a third person running sewers when you would need to pull hose into an easement. Once that is completed, the third person must be sent home. When excavating is required, a third person can be called out. If more than three people ' are requested to work, then the supervisor on call must approve each additional person. If the excavation work is completed and there is work that only requires two employees, then the additional employees must be sent home. 12. HOW OVERTIME HOURS ARE ACCRUED • Overtime that starts directly after normal work hours will be earned as the time worked. • A callout will accrue 2 hours of overtime each time you are called out provided that 2 hours have passed since the last time you accrued 2 hours. If you are called out before the 2 hours have passed and work past the 2 hours, you will accrue the amount of time that is past the 2 hours already received. Example: First callout at 5:00PM — Accrue 2 hours of overtime Callout at 6:0013M — within 2 hours, accrue nothing Callout at 7:OOPM — accrue 2 hours of overtime Callout at 8:30PM and work until 9:30PM — accrue 0.5 hours of overtime • Starting October 10, 2010, you will receive one and a half (1.5) hours of overtime if you do not get called out in one 24 -hour period. Starting on October 14, 2011, you will receive two (2) hours of overtime if you do not get called out in one 24 -hour period. This 24 -hour period starts at 7:OOAM and ends at 7:OOPM the following day. 13. TIME REPORTING Reporting hours accrued during callout will be turned into your supervisor. If work performed was not for your home department, then you must specify that to your supervisor so that he /she can report it correctly. Remember that if you work past midnight the time after midnight is on the day after the actual callout. 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 27, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by City Attorney Branick. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a -g as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. a. Minutes: September 13, 2010 b. Streets /Sidewalks: • Authorize closure of Boston Avenue from 14th Street to Twin City Hwy. and intersections of 12th Street and 13th Street on Boston Avenue for "Trunk or Treat' event on October 31, 2010 from 3:30 p.m. to 8:30 p.m. • Authorize closer of 14th Street from Boston Avenue to Chicago Avenue for Nederland Fire Department "Open House" on October 5, 2010 from 5:00 P.M. to 9:00 P.M. c. Contracts /Agreements: Brystar Contracting, Inc., Beauxart Garden Road, Change Order No. 5 in the amount of - $13,686.20. d. Payments: • Progressive Commercial Aquatics, Inc., $26,679.15, Swimming Pool Repairs /Improvements project (final payment and retainage). • Carroll & Blackman, Inc., $1,164.00, Phase II MS4 Permit Implementation Services • Carroll & Blackman, Inc., $324.00, Phase II MS4 Permit Implementation Services Outfall Screening • Carroll & Blackman, Inc., $3,291.75, Spill Prevention Control and Countermeasures Plan • APAC, $387,123.08, 2010 Hot Mix Overlay project • Schaumburg & Polk, Inc., $6,351.50, 2010 Street Program and Hot Mix ' Overlay project • Schaumburg & Polk, Inc., $1,370.00, 2009 Sewer Rehabilitation project • Brystar Contracting, Inc., $7,852.70, Beauxart Garden Road (final payment and retainage) Minutes continued, September 27, 2010 Consider action regarding a request from the Ridgewood Christian School to I utilize Doornbos Park for a "Bike- a -Thon" on October 15, 2010 from 8:00 a.m. to 11:30 a.m. Tax Assessor Collector Report - August 2010 Consider action setting a Joint Public Hearing with the Planning and Zoning Commission for October 25, 2010 at 4:30 p.m. for the purpose of receiving comments and /or questions regarding the issuance of a Specific Use Permit for the property located at 2223 Nederland Avenue, described as Lots 10 -12, Block 1, Hilicrest 151 Addition. 4. REGULAR AGENDA a. Proclamation Mayor Nugent presented a Proclamation to Fire Chief Gary Collins declaring the week of October 4, 2010 as "Fire Prevention Week" in Nederland. Chief Collins thanked the Council for their support and invited everyone to attend the Open House event on October 5m A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a Proclamation declaring the week of October 4, 2010 as "Fire Prevention Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. b. Discussion ' Chris Duque, City Manager, stated that on June 28`n Charles Castle addressed the Council to request the implementation of a "Quiet Zone" at the railroad crossings on Twin City Hwy. At that time staff was instructed to review the procedures necessary to adopt such an ordinance. Since that time Steve Hamilton, Director of Public Works, has reviewed the Federal Railroad Administration regulations and he has estimated the cost to be from $250,000 to $400,000 for each crossing, depending upon the upgrades necessary to meet Federal requirements. Mr. Hamilton suggested that if Council wishes to proceed with a Quiet Zone that an expert consultant be retained to assist with determining the cost associated with the implementation. He obtained a quote from Campbell Technology Corporation in the amount of $6,295.00 for a Quiet Zone Evaluation and if the City decided to proceed the total cost through implementation would be $10,712.00. After a discussion it was the consensus of the Council that due to the high cost associated with a Quiet Zone it would not be economically feasible at this time. c. Public Hearing The regular was recessed and a Public Hearing was called to order at 4:50 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the proposed Hurricane Ike Round 2 projects. 7 L Minutes continued, September 27, 2010 ' Chris Duque, City Manager, explained that under the State's proposed method of distribution for Hurricane Ike Round 2 funds, the City has been allocated approximately $6.9M. To meet the program requirements, the projects focus solely on low -to- moderate income neighborhoods, including Clayton Addition, Wagner Subdivision, the Hill Terrace /Hilldale area, and the neighborhood east of Gage. Street, sewer, and traffic signage improvements would likely meet the program requirements; unfortunately, the sewer plant generator will not at this time. After conferring with the City's grant consultant, Mr. Waxman, the City will not submit any applications at this time. With the amount of uncertainty of the LMI and "affirmatively furthering fair housing" requirements, the submittal of an appropriate or competitive application is unrealistic. Future rounds of funding will be available once the State completes the required Analysis of Impediment. It is still appropriate to solicit public input for our records when applications are prepared. There being no questions and /or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:55 p.m. by Mayor Nugent. d. Contracts /Agreements Chris Duque, City Manager, explained that the current Industrial Agreement between the City and Unocal expires on December 31, 2010. Staff and the City Attorney have thoroughly discussed the agreement with Unocal representatives and have agreed to the following terms: 7- year term (January 1, 2011 to December 31, 2017), real and personal property shall be taxed at 75% of the taxable value, inventory shall be taxed at 20% of the taxable value, for new ' construction the taxable value would be reduced by 100% for 2011 -2015, 62.5% for 2016, and 43.75% for 2017, and the City agrees not to annex any portion of the company's property. The terms of the proposed Agreement are similar to the current agreement. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve an Industrial District Agreement with Union Oil Company of California. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. e. Appointments Chris Duque, City Manager, explained that three members of the Nederland Economic Development Corporation Board of Directors terms will expire on September 30, 2010. Nicholas Phillips and Councilmember Neal have both reached their term limits and must be replaced. Mr. Phillips is a Mayoral appointment and Councilmember Neal is a Ward II appointment. Erik Shaw is up for reappointment and is an at -large appointee. Mayor Nugent nominated Larry Ducharme and Councilmember Neal nominated Jim McNeill as replacements for their appointments. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to appoint Larry Ducharme to the Nederland Economic Development Corporation Board of Directors for a 2 -year term beginning October 1, 2010 and ending September 30, 2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. Minutes continued, September 27, 2010 5. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to appoint Jim McNeill to the Nederland Economic Development ' Corporation Board of Directors for a 2 -year term beginning October 1, 2010 and ending September 30, 2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to appoint Erik Shaw to the Nederland Economic Development Corporation Board of Directors for a 2 -year term beginning October 1, 2010 and ending September 30, 2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. City Manager's Report: a. Chevron Donation - Mr. Duque reported that last month Mayor Nugent wrote a letter to Chevron seeking a donation for the City's Christmas Lighting Project and they have once again graciously donated $10,000.00. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 7:07 p.m. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. PO-litw a" --- R. A. ugent, yor City of Nederl d, Texas ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 1 1 � w 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 Attorne ✓ 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 ►/ VACANT Assistant to the City Manager Joni Underwood Executive Secretary R. A. Nugent, M r LaDonna Floyd, City 1 Date APPROVAL OF FINAL CONTRACT CHANGE Final Change Order Nos Dam September 3, 2010 Project: Beauxart Garde Road Improvements Owner. City ofNededand -)6.4 PO Box 967 Item 7 Nederland, Teens 77627 Contractor. BrystarCon -deo Inc -933 8385 Chemical Road Item 9 Beamnom, Texas 77705 To the Owner- of the following contract change is requested. Reason for Change: To balance quaffiSies imTrz d in the construction of Beauxut Gardent Road. ORIGINAL CONTRACT AMOUNT: $1.242178.90 CHANGE ORDER No's.1, 2,3 and 4 $88.931.50 THIS CHANGE ORDER Description and unit mi Unit Add Subtract Net Change EXISTING CONTRACT ITEMS Item 6 Lime Slurry ($160.00/t(m) Ton -)6.4 (52,624.00) Item 7 Lime Treatment (5450/SY) SY -933 ($4,19850) Item 9 4" CSB TYA GIt2 ($14:00/SY) SY -282 ($3,948.00) Item 10 8" CL P Pavement inct 8" Drives ($41.00/SY) SY 92 53,77200 Item 12 12" TY A GR 1 Flex Base (525 -0a" SY -218 ($5,450.00) Item 18 5" CL P Driveway Approaches (536.00 1sy) SY 43 $1,548.00 Item 22 24" RCP Stm Swr (S78.00/LF) IF 8 $624.00 Item 35 4" TY 2Y Brk ($7- 10/I.1') LF 60 $126.00 Item 37 4" TY 2 W Brk (52.401ik) IF 2 54.80 Item 45 Sediment Control Fencing (S3 .00/IF) LF -95 ($285 -00) Item 50 Provide New Valve Box (SIM WEA) EA -2 ($300.00) Item 51 Adj FE and Box ($750.00/FA) EA A ($3,000.00) Item 54 Reconstruct Curb and Meffin @ Hwy 69 Intersection ($3000.00) LS -1 (53,000.00) Item 60 Lower Existing San Swr Services (%W.001EA) EA 3 $1,800.00 Item 13 (CO2) Limestone Base (25.0011N) Tam -82.62 (52,06550) Item 63 Raised Pavement Madco s (SI0.00MA) EA -119 ($1,190.00) ADD ITEM Item 68 Install Junction Box and Pipe at Holmes Rd ($4500.00) LS 1 54,500.00 Caientiar Days Original Contract Time Plus Change Order Nal, 2 and 3 389 Additional Time Requested this Change Order- 0 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated m this Change Order represents full compeosation for all increases and decreases in the cost of and the time required to perfoan the entire work under the Contract arising directly or mdnectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an an inclusive, mutually agreed upon adjustment to the Contract, and that Conuactor win waive all rights to file a claim on this Change Order after it is properly executed." 1 e end by Appm By A b • S umburg K Polls Inc City of ederland rystar Contracting Inc Engineer Owner Contractor Date: 9 ,z - r10 Date: 9 p'1 % Date: 2 z IO 1 U 1 1 1 1 SUSIE JAMES TAX ASSESSOR- COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON .q,soN coG� TEX1�"' TERRY WUENSCHEL CHIEF DEPUTY I, Susie James, 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 $34,905.52, represents all taxes collected for CITY OF NEDERLAND during the month of August 2010. Susie Janked JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704 -2112 PHONE: (409)835 -8516 • FAX: (409)835 -8589 n l i_ i REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. October 11, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Minutes — September 27, 2010 regular meeting b. Reports— September 2010 Departmental Reports c. Contracts /Agreements— Consider action approving an Interagency Agreement with the Jefferson County Sheriff's Office regarding participation in the Jefferson County Narcotics Task Force. d. Storm Water Management— Consider action approving an Engineering and Scientific Consulting Services contract with Carroll & Blackman, Inc. for Phase II MS4 Permit Implementation Services, Permit Year 4. e. Payments: • September 2010 monthly bills • Carroll & Blackman, Inc., $7,802.00; 12`h Street & Avenue H Sewer Line project • Carroll & Blackman, Inc., $876.50, Phase II MS4 Permit Implementation Services • Schaumburg & Polk, Inc., $1,766.00, 2009 Sewer Rehabilitation Project • Schaumburg & Polk, Inc., $1,602.00, 2010 Street Program and "Hot Mix Overlay" project • Schaumburg & Polk, Inc., $2,674.00, Beauxart Garden Road 1 Minutes continued, October 11, 2010 4. REGULAR AGENDA ' a. Proclamations Mayor Nugent presented a Proclamation to Misty Craver and Cindy Fertitta declaring October as "National Domestic Violence Awareness Month" in Nederland. Mrs. Craver thanked the Council and the City of Nederland for their continued support and by urging citizens to report abuse. Mayor Nugent presented a Proclamation to Dan Harrington, Nederland Knights of Columbus Grand Knight, declaring the week of October 11`h as "Knights of Columbus Family Week" in Nederland. Mr. Harrington thanked the Council for their continued support. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a Proclamation declaring the month of October as "National Domestic Violence Awareness Month" and the week of October 11`h, 2010 as "Knights of Columbus Family Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. b. Library A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese to approve the Library's Strategic Plan for the period of October 1, 2010 to September 30, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. ' c. Grants A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve Resolution No. 2010 -07, authorizing the submission of a FY 2011 -2012 Community Development Block Grant application for water system improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers. Ortiz, Neal, Albanese and Rogers. Noes: None. d. Finance A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to approve Ordinance No. 2010 -25, amending the FY 2010 -2011 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. e. Bids A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz to authorize the solicitation of bids for City properties in the 3000 block of Avenue G and 1404 South 16`h Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember ' Neal to award bids received for the 2010 Concrete Street Rehabilitation project to APAC- Texas, Inc., Beaumont, TX, in the amount of $201,430.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Minutes continued, October 11, 2010 S. COMMUNICATIONS ' City Manager's Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that all projects are proceeding on schedule. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal 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 Nederland, Texas ATTEST: 1 aDonna Floyd, City Clerk City of Nederland, Texas 1 1 1 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 i/ Bert Rogers Council Member - Ward IV 1/ 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 ,/ Victoria Klehn Librarian ✓ Emily Melancon Human Resources Director Joni Underwood Executive Secretary R. A. huge t, M r ILaDonna Floyd, City Clerk /0 - //- / Co Date INTERAGENCY AGREEMENT JEFFERSON COUNTY NARCOTICS TASK FORCE ' STATE OF TEXAS COUNTY OF JEFFERSON § This Interlocal Contract ( "Contract") is entered into by and between The Jefferson County Sheriff's Office, hereinafter referred to as ( "JCSO "), the Nederland Police Department and the Port Neches Police Department, each a municipal police department situated in Jefferson County, Texas, hereinafter called ( "NPD ") and ( "PNPD "), pursuant to Chapter 791 of the Texas Government Code, concerning interlocal cooperation contracts. The Contract is being approved by Jefferson County, ( "County'), a political subdivision of the State of Texas, and the Cities of Nederland and Port Neches ( "Cities "), each a municipal corporation situated in Jefferson County, Texas, in order to establish the responsibility for liability for law enforcement services and to effectuate insurance coverage and offer provisions that normally fall within other authority. WITNESSETH WHEREAS, "JCSO ", "NPD" and ( "PNPD ") believe it to be in their best interests to maintain a multi - agency, narcotics enforcement unit, hereinafter referred to as the "TASK FORCE ". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I TERM 1.01 The term of this Agreement is to commence on the execution of this Agreement and to end on December 31, 2012, ARTICLE 11 CONSIDERATION 2.01 As consideration for this Agreement, "JCSO" will provide office space and related expenses (utilities, phone service, office supplies, etc.) for narcotics investigator assigned to the task force by the "NPD" and "PNPD ". These investigators shall at all times remain an employee of their CITY and their respective agencies. Investigators of the "JCSO ", assigned to the TASK FORCE, shall at all times remain as employees of the COUNTY and the "JCSO ". 1 2.02 In return, "NPD" and "PNPD" will pay "JCSO" $200.00 (two hundred dollars) per month rent. These rents shall be paid exclusively from funds held by "NPD" and "PNPD" as asset forfeitures. The CITIES are not responsible for making a rent payment from its current revenues of budgeted funds. ' 2.03 All asset forfeitures resulting from the operation of this TASK FORCE will be awarded to the JCSO. On December 1 of each year, the JCSO will asset share a percentage of all seizures awarded during the previous year to the NPD a nd the PNPD. This amount will be determined by a percentage of the total number of narcotic investigators assigned at the TASK FORCE. At present, there are 14 investigators including the investigators from the NPD and PNPD. Based on this calculation, the percentage of forfeitures shared will be a minimum of 7.14 percent. Rental expenses will be deducted from this amount. Other law enforcement agencies may join the TASK FORCE, which would change these calculations. ARTICLE 111 LEAD AGENCY 3.01 Sheriff G. Mitch Woods shall designate a staff officer to serve as Commander /Project Coordinator for the TASK FORCE, who shall be authorized to establish rules, regulations, directives, etc. for the effective operation of the TASK FORCE. ARTICLE IV ASSURANCES 4.01 The Parties to this Agreement are governed by the Texas Tort Claims Act, Chapter 101.001 et. seq., Civil Practice and Remedies Code, The Parties warrant and represent to each other that they are self- insured or commercially insured for all claims falling within the Texas Tort Claims Act. The Parties do not intend to waive immunity or any protection afforded them, individually or collectively, under the law. ' 4.02 The COUNTY and JCSO agree that the CITIES and /or NPD and PNPD shall have no liability whatsoever for the acts or omissions of an individual employed by the COUNTY and /or JCSO regardless of where the individuals' actions occurred. The CITIES, NPD and PNPD agree that the COUNTY and /or JCSO shall have no liability for the acts or omissions of an individual employed by the CITIES and /or NPD or PNPD regardless of where the individual's actions occurred. Each party is solely responsible for the action and /or omissions of its employees and officers. 4.03 Each Party will assume all liability arising from the operation of TASK FORCE vehicles by its employees. Each Party assumes no liability for any employees other than its own. 4.04 The forfeited vehicles operated by the TASK FORCE are not commercially insured. Each Party to the Agreement agrees to assume liability for the operation of these vehicles by its officers and employees. ARTICLE V AMENDMENTS 5.01 This Agreement may only be amended by the mutual agreement of the Parties hereto in Writing to be attached to and incorporated into this Agreement. ARTICLE VI LEGAL CONSTRUCTION ' 6.01 In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such an invalidity, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE VII ENTIRE AGREEMENT 7.01 This Agreement supersedes any and all other agreements, either oral or in writing between the Parties hereto with respect to the subject matter hereof, and no other agreement or statement relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EXECUTED IN DULICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OR AN ORIGINAL, ON THIS THE 4^ DAY OF (DC-;ep&CA, 12010. FOR JEFFERSON COUNTY G. Mitch Woods, Sheriff /Project Director FOR THE CITY OF NEDERLAND — n &' --�' ( Da I Bush, Chief of Police FOR THE CITY OF PORT NECHES Paul Lemoine, Chief of Police Ron Walker, County Judge Andre Wimer, City Manager 1 1 1 1 1 WORK AUTHORIZATION Project Name: City of Nederland — Phase II MS4 Permit Implementation Services Contract Reference: General Services Contract between the City of Nederland and Carroll & Blackman, Inc. The City of Nederland authorizes Carroll & Blackman, Inc. to perform the following tasks in connection with the City of Nederland — Phase II MS4 Storm Water Permit implementation Scope of Services: The detailed scope is outlined in Attachment A Cost of Services: The proposed scope will be compensated for on a time and materials (hourly) basis with a services estimate of $13,318.67, not to be exceeded without prior authorization by the City of Nederland. Hourly rates will be according to the attached Engineering Fee schedule. Qualifications: The services estimate is based on the scope which is outlined in Attachment A. Any change in scope may necessitate a supplement to this work authorization. Carroll & Blackman, Inc. City of Nederland Authorized By: Accepted By: Date: Date: SC tOL� / 1, 20/Q 237 �arro" & lackman, — Consulting Engineers &Surveyors Inc. ENGINEERING FEES 2010 Principal- Registered Professional Engineer ....................... ............................... $170.00 per hour Senior Project Engineer ...................................................... ............................... $155.00 per hour Senior Electrical Engineer .................................................. ............................... $235.00 per hour Project Engineer and Registered Professional Land Surveyor ........................ $135.00 per hour Computer Programming Specialist ..................................... ............................... $155.00 per hour GISSpecialist ...................................................................... ............................... $120.00 per hour Senior Environmental Scientist ........................................... ............................... $155.00 per hour Environmental Scientist ...................................................... ............................... $114.00 per hour EnvironmentalTechnician .................................................. ............................... $ 93.00 per hour Engineer In Training (EIT) Level1 ........................................................................... ............................... $ 93.00 per hour Level2 ........................................................................... ............................... $109.00 per hour Technician VI (Project Manager, Sr. Designer, Real Property Spec.) .............. $124.00 per hour Technician V (Designer, Surrey Coordinator) .................... ............................... $103.00 per hour Technician IV (Autographics Operator, Office Survey Technician) .................. $ 88.00 per hour Technician III (Jr. Autographics Operator, Field Survey Party Chief) ............... $ 73.00 per hour Technician II (Data Entry/Field Survey Technician) ........... ............................... $ 63.00 per hour Resident Project Representative ........................................ ............................... $ 91.00 per hour Secretary/ Typist .................................................................. ............................... $ 55.00 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 1 239 ' Jefferson County Storm Water Quality Coalition Permit Implementation for Permit Year 4 Scope of Services Task 1 I. Conduct public education and outreach media campaign. A. Provide 2 types of educational materials on the impacts of illegal dumping and littering B. Provide 1 type of educational material to be distributed to local schools C. Maintain multi jurisdiction storm water website D. Provide Public Service Announcements to be aired by local media. Task 2 II. Public Involvement and Participation A. Provide assistance with Storm Water Hotline calls B. Prepare public meeting materials. C. Conduct annual public meeting to discuss program status and ordinance related issues. ' Task 3 III. Conduct dry weather screening of 25% of all outfalls included in the outfall inventory map. A. Update outfall inventory map B. Field work — Dry weather screening (25% of outfalls) C. Enter the dry weather screening data into the MS4 Web site for each permittee. Task 4 IV. Continue implementation of construction site runoff program. A. Training for plan review and inspection personnel B. Conduct construction site inspections according to local regulations C. Conduct contractor training and outreach program D. Conduct self -audit of permittee owned construction projects. Task 5 V. Assist in the implementation of the post construction site runoff program. A. Training for plan review and inspection personnel B. Conduct inspections of post construction control measures ' C. Provide assistance for ordinance enforcement s Task 6 VI. Implement required BMPs for Good Housekeeping MCM. A. Conduct self - audits for permittee owned facilities with SPCC plans B. Conduct self - audits for permittee owned facilities with SWPPPs C. Employee training program Task 7 VII. Year 4 Annual Report Development. A. Coordinate data collection efforts. B. Assemble draft annual report. C. Preparation and submission of final annual report. *All services included in this scope of work will be invoiced on an hourly basis not to exceed $13,318.67.00. Additional services if required will be completed under a separate authorization agreed upon by both parties. 1 1 1 1 coakifion atorm Wamr ,a joefso" v, op7 t r) RESOLUTION 2010 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF RURAL AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low /moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Nederland to apply for funding under the 2011/2012 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: • That a Texas Community Development Block Grant Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Rural Affairs. • That the City's application be placed in competition for funding under the Community Development I Fund • That the application be for $275,000.00 of grant funds to cant' out a Water System Improvement Project, with matching funds of $55,000.00 provided by the City. • That the City Council directs and designated the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation on the Texas Community Development Block Grant Program. PASSED AND APPROVED by the City Council of the City of Nederland this the 1 I" day of October, 2010. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jessomn,4 CitfAttomey Ci of ederland, Texas M6 1_ R. A. Nugent, ayor City of Nederland, Texas 1 213 ORDINANCE NO. 2010-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2010 -2011 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2010 -23 which adopted the Fiscal Year 2010 -2011 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2010 -2011 is amended to allow for adjustments 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 11`6 DAY OF OCTOBER, 2010. R. A. Nugent, Vayor City of Nederland, Texas ATTEST: <:* w, 0 LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ' Jesse rank c, i6ty Attorney City fN erland, Texas CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010 -2011 DATE: October 11. 2010 DEPARTMENT: Various FUND: Capital Outlay (31) / Street Improvement (39) ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 31 -0000 -6939 Transfer to Street Improvement Fund 50.000.00 50,000.00 39- 0000 -4910 Transfer In 50,000.00 50,000.00 Net Effect to Fund Balance JUSTIFICATION Unreserved funds are available in the Capital Outlay Fund due to the Beauxart Garden Road project being underbudget. I recommend transferring $50,000 to the Street Improvement Fund to increase the 2010/2011 Street Program budget to $950,000. Dept. Head Signature: Finance Director: Date Approved: Date: Date: Date Posted: 1 r � ^y REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. 1. MEETING October 25, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers to approve the Consent Agenda Items 3 a -f as presented. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Minutes — October 11, 2010 regular meeting b. Tax Assessor Collection Report - September 2010 c. Consider action approving Standard Operating Procedure #SOP 70.01 (Shift Differential Pay - Dispatch) d. Streets/Sidewalksagement- • Authorize closure of the 1300 to 1400 blocks of 37th Street for Triumph Church's "Family Fun Fest" event on October 31, 2010, from 4:00 p.m. until 9:00 p.m. • Authorize closure of Franklin Avenue between 12th Street and 13th Street on November 9, 2010 for Langham Elementary School's "Annual Fall Carnival" from 3:00 p.m. until 9:00 p.m. e. Consider action approving Change Order No. 2 in the amount of - $21,744.46, APAC Texas, Inc., 2010 Hot Mix Overlay project. f. Payments: • APAC Texas, Inc., $20,374.91, 2010 Hot Mix Overlay project (final payment and release of retainage) • Walker Partners, $28,035.19, Water Treatment Plant improvements. 4. REGULAR AGENDA ' a. Public Hearing The regular meeting was recessed and a Joint Public Hearing with the Planning and Zoning Commission was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving questions and /or comments regarding the issuance of a Specific Use Permit for the property located at 2223 Nederland Avenue, described as Lots 10 -12, Block 1, Hillcrest 1st Addition. Minutes continued, October 25, 2010 Planning and Zoning Commission members present: Mark Griffin, Jack Porter, and C. J. Schexnaider. , George Wheeler, Building Official, reported that the Planning and Zoning Commission conducted a Public Hearing on September 14, 2010 to receive questions and /or comments regarding the Specific Use Permit for a liquor store located at the above stated address. Upon conclusion of the Public Hearing they have recommended approval with stipulations as follows: minimum of ten (10) parking spaces; removal or repair of two (2) existing sign poles; exterior of existing building to match new construction; landscaping; metal roofing; concealment of outside storage; six foot wooden fence along rear property line; present drawings to show completed building; and recordation of permit if approved. Councilmember Neal asked what the total square footage of the structure will be upon completion. Mr. Wheeler stated it would be approximately 2,400 square feet. Councilmember Rogers asked if the underground storage tanks had been removed. The owner stated that the tanks are still there but they have been capped and inspected by Texas Commission on Environmental Quality, however, he added that they do plan to remove the tanks next year. There being no further questions and /or comments the Joint Public Hearing was adjourned and the regular meeting was reconvened at 4:40 p.m. by Mayor Nugent. b. Specific Use Permit A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tern ' Albanese to approve the issuance of a Specific Use Permit for the property located at 2223 Nederland Avenue, described as Lots 10 -12, Block 1, Hillcrest I" Addition. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. c. Finance — Investment Report Cheryl Dowden, Director of Finance, reviewed the Quarterly Investment Report for the quarter ending September 30, 2010. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. d. Bids A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Ortiz to authorize the solicitation of bids for the "Virtualization Network" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. e. Water Treatment Plant ' A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to authorize the submission of an Alternative Capacity Requirement Request to the Texas Commission on Environmental Quality for the Water Treatment Plant. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Minutes continued, October 25, 2010 ' S. COMMUNICATIONS City Manager's Report: a. Trunk -or- Treat, Sunday, October 31, 2010 - City staff will set up barricades for the event and the Police and Fire Departments will be handing out candy to the children. b. Streets Workshop, Wednesday, November 3, 2010 at 9:00 a.m. - Mr. Duque reminded Council that a workshop will be held on the above stated date to discuss the 2011 Street Program. 6. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Neal to adjourn the meeting at 5:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: LaDonna Floyd, City Clerk City of Nederland, Texas 1 R. A.'Nugentirayor City of Nedeiffand, Texas n; 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 1/ LaDonna Floyd City Clerk t✓ Jesse Branick City Attorney I✓ 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 ✓ Emily Melancon Human Resources Director ✓ Joni Underwood Executive Secretary ✓ R. A. Nugenl,ftyor LaDonna Floyd, City Clerk Date 1 1 1 ' CITY OF NEDERLAND STANDARD OPERATING PROCEDURES SOP -70 -01 SUBJECT: Shift Differential Pay EFFECTIVE DATE: October 1, 2010 POLICY In order to ensure fair, equitable, and non - discriminatory practices, the following procedures have been adopted by the City of Nederland. All departments shall adhere to these procedures. Any Department Head or supervisor who is in doubt concerning the meaning or application of these rules is advised to consult with the City Manager or his designee. It is the policy of the City of Nederland to establish "Shift Differential Pay" for the job title of Telecommunications Operator (dispatcher). II. DEFINITIONS I A. "Evening Shift": a work shift where the majority of the hours of the shift occur after 2:OOPM. B. "Midnight/Night Shift ": a work shift where the majority of the hours of the shift occur after 9:OOPM. III. PROCEDURE Each dispatcher who works the evening shift shall receive sixty cents ($0.60) per hour shift differential pay in addition to his/hers base pay. Each dispatcher who works the midnight/night shift shall receive ninety cents ($0.90) per hour shift differential pay in addition to his/hers base pay. Shift differential pay shall be computed into the employee's overtime rate. In the event that a dispatcher works an overtime shift or a portion of an overtime shift during the evening or midnight/night shift, the dispatcher shall receive shift differential compensation for the overtime. 1 7" 9 ' >50 R.A.'Dick" Nugent, Mayor Don Albanese, Mayor Pro Tom Jeff Ortiz, Coundmember } City of Nederland Billy Neal, Council member _ Bert Rogers, e, City Manager ' Christopher Duque, City Manager P.O. Box 967 - Nederland, Texas 77627 • (409) 723 -1503 • FAX (409) 723 -1550 Investment Report For the Quarter Ending September 30, 2010 This report has been prepared in accordance with the Public Funds Investment Act (Section I 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 b the Investment Officers of the City of Nederland Chris Du City Manager Cheryl Dbwden, Director of Finance 7 L 'Pro z7a772ined for P1'O-,��'1 1 C i nPb� City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2010 Investments at Beginning of Period (7 -1 -10) $ 8,018,571.03 Purchases 3,384.52 Maturities 1,012,190.70 Investments at End of Period (9- 30 -10) $ 7,009,764.85 Maturity Summary at September 30, 2010 City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2010 Fund Allocation at September 30, 2010 Solid Waste Fund 7.25% Wastewater Construction Fund 14.27% Water & Sewer Fund 0 14.31% General Fund 61.92% Other 2.26% I� n Balance Balance 07/01/2010 Purchases Maturities 09/30/2010 General Fund $ 4,338,029.65 $ 2,444.44 $ 4,340,474.09 Library Fund 32,232.60 12.53 32,245.13 Water &Sewer Fund 1,002,299.54 564.82 1,002,864.36 Motel Occupancy Tax Fund 12,185.10 5.60 12,190.70 0.00 Equipment Replacement Fund 0.00 0.00 0.00 Solid Waste Fund 507,841.85 286.09 508,127.94 Police Narcotics Fund 47,114.16 26.58 47,140.74 Wastewater Construction Fund 2,000,000.00 0.00 1,000,000.00 1,000,000.00 Bond Redemption Fund 78,868.13 44.46 78,912.59 $ 8,018,571.03 $ 3,384.52 $ 1,012,190.70 $ 7,009,764.85 Fund Allocation at September 30, 2010 Solid Waste Fund 7.25% Wastewater Construction Fund 14.27% Water & Sewer Fund 0 14.31% General Fund 61.92% Other 2.26% I� n n 1 Investment Report Schedule Investments for the Quarter ended September 30, 2010 ' CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest September 30, Number Date Date be held Rate Face Amount 2010 Maturing in Quarter ended September 30, 2010 Wastewater Construction Fund 7140694808 07/28/2009 07/28/2010 366 1.29% 1,000,000.00 $ 966.15 Held at September 30, 2010 Library Special Fund 1481085106 01/01/2010 01/02/2011 366 0.30% $ 10,000.00 7.57 Wastewater Construction Fund 7140694790 07/28/2009 01/28/2011 550 1.75% 1,000,000.00 4,492.81 Total Interest Earned on CDs for the quarter ended September 30, 2010 $ 5,466.53 Total Certificates of Deposit held at September 30, 2010 $1,010,000.00 1 1 r— Investment Report Schedule Investments for the Quarter ended September 30, 2010 ' INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments $ 6,008,571.03 $ 3,384.52 $ 5,999,764.85 1 1 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/10 09/30/10 1 0.223% $ 4,338,029.65 $ 2,444.44 $ 4,340,474.09 Water & Sewer 07/01/10 09/30/10 1 0.223% 1,002,299.54 564.82 1,002,864.36 Bond Redemption Fund 07/01/10 09/30/10 1 0.223% 78,868.13 44.46 78,912.59 Motel Occupancy Tax Fund 07/01/10 09/30110 1 0.223% 12,185.10 5.60 - Library Special 07/01/10 09/30/10 1 0.223% 22,232.60 12.53 22,245.13 Solid Waste Fund 07/01/10 09/30/10 1 0.223% 507,841.85 286.09 508,127.94 Police Narcotic Fund 07/01/10 09/30/10 1 0.223% 47,114.16 26.58 47,140.74 Totals for TEXPOOL Investments $ 6,008,571.03 $ 3,384.52 $ 5,999,764.85 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended September 30, 2010 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate Septmeber 30, 2010 Bond Redemption Fund 07/01/10 09/30/10 1 0.228% $ 37.06 Capital Outlay Fund 07/01/10 09/30/10 1 0.228% 167.44 Court Technology Fund 07/01/10 09/30/10 1 0.228% 3.10 Equipment Replacement Funds 07/01/10 09/30/10 1 0.228% 817.98 General Fund 07/01/10 09/30/10 1 0.228% 833.52 Library Special Fund 07/01/10 09/30/10 1 0.228% 18.48 MCML Dispatch 07/01/10 09/30/10 1 0.228% 121.60 Motel Occupancy Tax Fund 07/01/10 09/30/10 1 0.228% 2.03 Parks & Recreation Special Fund 07/01/10 09/30/10 1 0.228% 2.95 Police Narcotic Fund 07/01/10 09/30/10 1 0.228% 85.58 Solid Waste Fund 07/01/10 09/30/10 1 0.228% 496.22 Street Improvement Fund 07/01/10 09/30/10 1 0.228% 478.83 SSES Fund 07/01/10 09/30/10 1 0.228% 244.62 Wastewater Construction Fund 07/01/10 09/30/10 1 0.228% 1,293.66 W & S Certificate Fund 07/01/10 09/30/10 1 0.228% 38.13 Water & Sewer Fund 07/01/10 09/30/10 1 0.228% 303.38 $ 4,944.58 Investment Report Schedule September 30, 2010 Interest Earnings for Quarter Ended September 30, 2010 Bond Redemption Fund $ 81.52 Capital Outlay Fund 167.44 Court Technology Fund 3.10 Equipment Replacement Funds 817.98 General Fund 3,277.96 Library Special Fund 38.58 MCML Dispatch 121.60 Motel Occupancy Tax Fund 7.63 Parks & Recreation Special Fund 2.95 Police Narcotic Account 112.16 Solid Waste Fund 782.31 Street Improvement Fund 478.83 SSES Fund 244.62 Wastewater Construction Fund 6,752.62 W & S Certificate Fund 38.13 Water & Sewer Fund 868.20 $ 13,795.63 1 l�J 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 9:00 a.m. 1. MEETING November 3, 2010 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 - City Clerk. 3. RECONVENE The special meeting was reconvened at 9:33 a.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. ' 4. STREET PROGRAM Chris Duque, City Manager, reviewed the proposed 2011 Street Program. The budget for the upcoming street program is $950,000.00; of that amount $251,787.50 is allocated to the recently awarded contract for concrete repairs on Avenue H and Helena Avenue. Mr. Duque added that the proposed street program will consist of a number of maintenance projects such as road patching, chip seal, and crack sealing; and, improvements such as concrete repairs on Avenue H and Helena Avenue, street striping, and hot mix overlays. Mr. Duque reported that City staff are recommending, other than the concrete repairs mentioned previously, that hot mix overly be used on 12th Street from Nederland Avenue to Elgin Avenue, South 12th Street from Nederland Avenue to Avenue B, and Detroit Avenue from 21St Street to 27th Street. They are also recommending to crack seal and street stripe Helena Avenue from 27th Street to Twin City Highway. Road patch and chip seal could be done by City staff, with County assistance, on various streets. Mr. Duque added that staff is also addressing the Beauxart Garden Road detour streets (Holmes Road, Green Avenue, and Viterbo Road). Mr. Duque added that street overlays would be contracted out via bids and would require engineering. Schaumburg & Polk, Inc. performed the engineering on last year's street program and completed the project under budget, therefore, staff is ' recommending that Schaumburg & Polk, Inc. be utilized again for the 2011 Street Program. t t Minutes continued, November 3, 2010 ' S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 10:28 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: �C)" y �'� LaDonna Floyd, City berk City of Nederland, Texas 1 1 R. A. Nugent ayor City of Neder nd, Texas n c r :^ 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 If Don Albanese Council Member -Ward III ✓ Bert Rogers Council Member - Ward IV ✓ Chris Duque City Manager t% LaDonna Floyd City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief t� Steve Hamilton Director of Public Works ✓ George Wheeler Building Official Victoria Klehn Librarian Emily Melancon Human Resources Director Joni Underwood Executive Secretary R. A. Nugent, May LaDonna Floyd, City Clerk Date L__J 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. 1. MEETING November 8, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. 1 a. Minutes — October 25, 2010 regular meeting b. Reports— October 2010 Departmental Reports c. Payments: • October 2010 monthly bills • Allco, Inc., $205,375.99, 2009 Sewer Rehabilitation project • Carroll & Blackman, Inc., $3,447.50, South 12`h Street & Avenue H sewer line project • Carroll & Blackman, Inc., $912.00, Spill Prevention Control and Coutnermeasures Plan 4. REGULAR AGENDA a. Grant A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to accept the 2010 State Homeland Security Program (SHSP) and State Homeland Security Program -Law Enforcement Terrorism Prevention Activity (SHSP- LETPA) grants totaling $84,000. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. Minutes continued, November 8, 2010 A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Ordinance No. 2010 -26, amending the FY 2010 -2011 budget. ' MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. b. Taxes A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve Resolution No. 2010 -08, approving the 2010 tax roll as certified by the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. c. Contracts /Agreements A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve a contract with DSR & Associates in the amount of $9,900.00 for professional services related to the inspection of the interior of the South 5th Street and Hardy Avenue elevated water storage tanks. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve an agreement with Schaumburg & Polk, Inc. in the amount of $6,200.00 for engineering services related to the renewal application for the Texas Pollutant Discharge System Permit No. 10483 -002. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. ' A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Change Order No. 1 (amended) with Allco, Inc. in the amount of +$61,142.67, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to approve Change Order No. 2 with Allco, Inc. in the amount of +$21,300.00, 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. 5. COMMUNICATIONS City Manager's Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that the wastewater collection rehabilitation is progressing. The contracts for engineering services and testing for the asphalt street project should be on the November 22nd agenda for Council approval. He added that the alternative capacity request for the Water Treatment Plant has been submitted to the TCEQ. All projects remain on schedule. 1 Minutes continued, November 8, 2010 ' 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Councilmembers Neal and Albanese. ATTEST: LaDonna Floyd, City 'Clerk City of Nederland, Texas 1 1 f-- R. A. Nugen ,/ yor City of Neder nd, Texas 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 V Don Albanese Council Member- Ward III Bert Rogers Council Member - Ward IV t/ 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 ll Steve Hamilton Director of Public Works {i George Wheeler Building Official ✓ Victoria Klehn Librarian V Melancon Human Resources Director -Emily Joni Underwood Executive Secretary R. A. Nugent, M r LaDonna Floyd, City Clerk I P ly 10 Date 1 1 1 2S5 ORDINANCE NO. 2010-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2010 -2011 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2010 -23 which adopted the Fiscal Year 2010 -2011 City Budget; and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment "A" attached hereto; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2010 -2011 is amended to allow for adjustments 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 8" DAY OF NOVEMBER, 2010. R. A. Nugent yor City of Nederland, Texas ATTEST: LaDonna Floyd, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 54� de�'� ' Jess rani k, Q ty Attorney Ci of derland, Texas CITY OF NEDERLAND LINE ITEM BUDGET RECLASSIFICATION FISCAL YEAR: 2010 -11 DATE: DEPARTMENT: Fire FUND: General 01- Nov -10 ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01- 2200 -6355 Vehicle & Equipment R & M 15,000.00 26,000.00 41,000.00 TOTAL 15,000.00 26,000.00 41,000.00 JUSTIFICATION award Dept. Head Signature: Z4 Ai�-2 City Manager: Finance Director: Date: Date: Date Posted: 1 7 J CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2010 -11 November 1, 2010 Fire/Police General ACCOUNT NO. FISCAL YEAR: CURRENT BUDGET DATE: PROPOSED BUDGET DEPARTMENT: FUND: CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 2010 -11 November 1, 2010 Fire/Police General ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01 -0000 -4355 84.000.00 84,000.00 Net Effect to Fund Balance 84,000.00 84,000.00 JUSTIFICATION 2010 SHSP LETPA pant award 7 Dept. Head Signature: / iy�i Date: / - iz- Finance Director: Date: Date Approved: Date Posted: CITY OF NEDERLAND LINE ITEM BUDGET RECLASSIFICATION FISCAL YEAR: 2010-11 DATE: 01-Nov-10 DEPARTMENT: Police FUND: General ACCOUNT NO. ACCOUNT TITLE CURRENT BUDGET AMOUNT INCREASE (DECREASE) PROPOSED BUDGET 01- 2100 -6720 Building Fixture & Grounds - 32,000-00 32,000.00 01- 2100 -6742 Motor Vehicle 26,000.00 26,000.00 TOTAL 58,000.00 58,000.00 JUSTIFICATION SHSP LETPA Grant Award Dept Head Signature: Date: City Manager: Date: Finance Director: Date Posted: Page of I CITY OF NEDERLAND RESOLUTION NO. 2010 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2010 TAX ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT pursuant to the Texas Property Tax Code, Section 26.09, the City Council of the City of Nederland hereby approves the attached 2010 tax roll. PASSED AND APPROVED this the 8th day of November, 2010. r ATTEST: �jmn c�4-� -� c.d LaDonna Floyd, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: - -�� 11'1�owze� Je e B ani ity Attorney Ci y of ederland, Texas 1 R. A. Nugent, Wyor City of Nederland, Texas 2"70 W a E o 0a aw.o 4 50A . ao ca o 0 Aoaoa a� �mm a mm X M n rn T .n Na �� U A O G C X H YVi L-'y>CK 4 � VF ii g 2 W ©.]V.' U+a i4RK��C• 2NFr<tiw � W GO i M. W. m h. R' a W W Rl W.11 E' C`ny �tlU "za 0 o W .. Fu, L a a:.o ~m"U`'a oo c� n n a o arn� m_ N w oocn N.y N 4V -y nn c o0 � W � W V n W W N Vj „] W pKV, Y .. „� •. N F R] m W E` •. i•. z2 � v. iy c•• Ja.l wC M1 v. v.� �'Wa C �R� f.. W.] Wq sr.�F !C kW.is ��� V cw.� �•� C `p m Z W .a a�4z'f •� tC '�N2K' •• o J mrvi :..� 4+�+ ?(�( ." a: G FFFF"�•�` - N;G •},, 4 W Nqw ? > Ci r OL C} x x I F, p N `] f+ r q a U n [+ 1 1 ^71 ' IDS 5010 Jerry Ware Drive .Southeast Texas Regional Airport Beaumont, TX 77705 tc Associates A M111 OFFICE (409) 722 -2242 FAX (409) 722 -8596 ISM"M IF EMAIL rreichle0istankdoc.com Texas Registered Engineering Firm F -287 June 7, 2010 Mr. Steve Hamilton, P.E., Public Works Director City of Nederland P. O. Box 967 Nederland, TX 77627 Re: Elevated Water Tanks Hardy Ave./ Fifth St. Engineering Proposal DSR Project No. 4421 -I Dear Mr. Hamilton, DSR & Associates appreciates the opportunity to present this Engineering Proposal to the City of Nederland for the inspection of the interior surfaces of the Hardy Ave. and Fifth St. elevated water storage tanks. ' As shown on the attached updated Water Tank Maintenance Program, there has been no re- painting work performed on the interior surfaces of either tank since 1999 and 1998, respectively. We have recommended that the next phase (Preliminary Survey) in the Tank Maintenance Program consist of the inspection of the Hardy and Fifth St. interior surfaces. We will set up an inspection schedule with the City. Each tank will be drained at separate times, aired out, and DSR will conduct detailed interior inspections. Separate Inspection Reports with color photographs shall be prepared and submitted to the City. The Reports will provide our findings, recommendations and cost estimates for the recommended work. Each tank will be out of service for two days during the inspections. Our engineering costs for these services will be $4,950.00 (lump sum) for each tank. If this Proposal is acceptable, we will furnish an Engineering Services Agreement. We look forward to again working with the City of Nederland on this water storage tank project and appreciate the opportunity to present this Proposal. Respectfully submitted, R44•49, S. Rt�,A, President ' DSR & Associates, Inc. Attachment 0S 5010 Jerry Ware Drive ' n1l Southeast Texas Regional Airport Beaumont, TX 77705 & Associates OFFICE (409) 722 -2242 FAX (409) 722 -8596 EMAIL rrei chi e6ktankdoe.com Texas Registered Engineering Firm F -287 June 7, 2010 Mr. Steve Hamilton, P.E., Public Works Director CITY OF NEDERLAND P. 0. Box 967 Nederland, TX 77627 Re: Elevated Water Tanks Annual Maintenance Program 2010 Update DSR Project No. 4421 -I Dear Mr. Hamilton, We have updated the City's Water Tank Maintenance Program history and present the following: Canal Ave. , 1988 steel repairs re -paint tank interior re -paint tank exterior 1997 steel repairs touch -up and overcoat exterior paint 2003 touch -up exterior paint 2006 repair Rita storm damage 2008 inspect tank interior repair and re -paint tank interior 2010 repair Ike storm damage (includes re -paint exterior Fifth St. 1998 steel repairs re -paint tank interior touch -up and overcoat exterior paint 2005 steel repairs touch -up exterior paint 2006 repair storm damage ' 1 Hardy Ave. 1999 steel repairs re -paint interior water compartment touch -up and overcoat interior dry areas touch -up and overcoat exterior paint 2006 steel repairs touch -up interior dry areas and exterior paint 2010 repair Ike storm damage There has been no interior maintenance painting on the Fifth St. and Hardy Ave. since 1999 and 1998, respectively. During our recent tank inspections, we have taken a cursory look at the tank interiors with the tanks in service. The cursory inspections indicate remedial interior painting will be required. In accordance with this updated Maintenance Program, we recommend that the interiors of Fifth St. and Hardy Ave. tanks be inspected in the very near future, contract documents prepared for the repair and painting of the interior surfaces and bids taken. DSR is available to meet and discuss this recommendation for the next tank maintenance ' work at your convenience. Respectfully submitted, km,ol� S. Rt:eA, President DSR & Associates, Inc. 1 973 274 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 Wastewater Discharge Permit ( "Project "). Renewal Description of Engineer's Services: Provide a complete renewal application for the Owner's Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10483 -002 associated with the wastewater treatment plant. The sections of permit application to be completed under this scope of services include the following parts from the Texas Commission on Environmental Quality (TCEQ) form 10054; Administrative Report 1.0, Domestic Technical Report 1.0, Domestic Worksheet 2.0, Domestic Worksheet 4.0 Domestic Worksheet 5.0 and Domestic Worksheet 6.0. The Engineer will ' advise the Owner of all testing to be performed and /or al test results to be provided and provide interview of Owner's staff to collect information required. The Owner will arrange including payment, for sampling and testing required for the permit application. The Engineer will provide one original and six copies of the permit for the Owner's use in filing and for the Owner's records. The Owner will be responsible for payment of permit application fees and for advertisement of notices. The Engineer will provide for review of information received from TCEQ durng the application process. Services that may be required due to public hearings response to public comments or other activities generated from public review will be additional services. Owner and Engineer further agree as follows: A. Preparation of Invoices. Engineer will prepare 1.01 Basic Agreement a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to A. Engineer shall provide, or cause to be Owner. provided, the services set forth in this Agreement, and Owner shall pay Engineer for such Services as set forth B. Payment of Invoices. Invoices are due and in Paragraph 9.01. payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and 2.01 Payment Procedures expenses within 30 days after receipt of Engineer's invoice, the amounts due Engineer will be increased at ' 1of4 EiCDC &520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EiCDC. All rights reserved. the rate of 1.0% per month (or the maximum rate of ' interest permitted by law, if less) 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. 1 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 parry to perform in accordance with the Agreement's terms through no fault of the terminating party. b. By Engineer: 1) 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 n rt C l to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph4.01.A.La 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 parry 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. B. The terminating party under paragraphs 4.0l.A.1 or 4.0l.A.2 may set the effective date of termination 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. 5.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries 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 6.0l.B 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. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may 2of4 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. 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 assigmnent 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 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. 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) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. C. 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 parry 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. 8.01 Total Agreement A. This Agreement (consisting of pages 1 to 4 inclusive together with any expressly incorporated appendix), 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. 3of4 EJCDC E-520 Short Form of A greemm Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDi:. All rights reserved. L 1 1 n ry r� 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 S 6,200 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 Title: a Q i Date Signed: ®G l —/0 -9d /Q By:La.�cf/��- Title: Date Signed: License or Certificate No. and State F ' 2 D Address for giving notices: Address for giving notices: P.O. Box 967 8865 College Nederland, Texas 77627 Beaumont, Texas 77707 aura FJCDC Fr520 Short Form of Agreement Between Owner nod En&eer for Professwnat Services Copyright 0 2002 National Society of Professional Engineers for E1CDC. All rights reserved. Y, SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 8:00 a.m. November 15, 2010 2. MEETING The special meeting was called to order at 8:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. The special meeting was recessed at 8:03 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 Clerk 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 1:04 p.m. by Mayor Nugent. He announced I that the Executive Session was held for informational purposes only and no action is necessary. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Mayor Pro Tern Albanese to adjourn the meeting at 1:04 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. &Izaz- R. A. Nugent ayor City of Nede and, Texas ATTEST: <:�J LaDonna Floyd, City Clerk 'City of Nederland, Texas 1 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 Attorne ✓ 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 ✓ Emily Melancon Human Resources Director Joni Underwood Executive Secreta ✓ - 14"�aucr� R. A. Nugent, Ma '40, Q a , v n 0. a " d LaDonna Floyd, City Clerk Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING November 22, 2010 ' 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a -d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None, Absent: Councilmember Neal. a. Minutes — November 3, 2010 and November 15, 2010 special meetings and November 8, 2010 regular meeting b. Tax Assessor Collection Report - October 2010 c. Street Closures: • Authorize the closure of Boston Avenue from Twin City Highway to 14th Street for the Nederland Merchants Associations' "Third Thursday" events for the remainder of 2010. • Authorize the closure of portions of Nederland Avenue, Twin City Highway, and Boston Avenue on Tuesday, December 14, 2010 for the Annual Lighted Christmas Parade. d. Payments: • Carroll & Blackman, Inc. - Phase II MS4 Permit Implementation Services • Allco, Inc. - 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. Proclamation Mayor Nugent presented a Proclamation to Stephanie Baker, Administrator for Intrepid USA Home Health Services, declaring the month of November as 'National Home Care Month" in Nederland. Ms. Baker thanked the Council for their support. 1 1 Minutes continued, November 22, 2010 A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Albanese to approve a Proclamation declaring the month of November as "National Home Care Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. b. Contracts /Agreements A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a contract with T & N Laboratories in the amount of $1,550.00 for professional services related to the 2011 Flexible Pavement Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese to approve a contract with Schaumburg & Polk, Inc. in the amount of $43,000.00 for engineering services related to the 2011 Flexible Pavement Rehabilitation Project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz to approve a Cooperative Purchasing Interlocal Agreement with the cities of Port Neches, Groves, Port Arthur and Beaumont. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese to award bid for the Virtualization Network Project to Net Sales Direct in the amount of $196,235.37. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. EXECUTIVE SESSION The regular meeting was recessed at 4:55 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 Clerk. RECONVENE The regular meeting was reconvened at 5:20 p.m. by Mayor Nugent. Minutes continued, November 22, 2010 APPOINTMENTS A motion was made by Mayor Nugent and seconded by Councilmember Rogers to appoint Gay Ferguson as the City Clerk beginning December 6, 2010. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. S. COMMUNICATIONS City Manager's Report: a. Thanksgiving holidays - City offices will be closed on Thursday, November 25th and Friday, November 26th for the Thanksgiving holidays. b. Nederland Recreation Center - The Nederland Recreation Center will be closed the week of November 29th for repairs. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 5:25 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Counciimembers Ortiz, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. ' R. A. Nugent, yor City of Nederland, Texas ATTEST: � 1 0,Y( C u,-Lrro c%1 Joy nderwood, Deputy City Clerk Cit of Nederland, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Jeff Ortiz Council Member - Ward I Billy Neat 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 Attorne ✓ 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 Emily Melancon Human Resources Director / Joni Underwood Executive Secreta A(V/� R. A. Nugen , ayor ' Joni Underwood, Deputy City Clerk 10 Date Date REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 6, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were lead by Councilmember Rogers. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent agenda and considered separately. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Minutes — November 22, 2010 regular meeting b. Street Closures: • Authorize the closure of Boston Avenue from 14th Street to 15th Street for the City Hall Christmas event on Saturday, December 11, 2010 and Sunday, December 12, 2010. c. Payments: • November 2010 monthly bills • Walker Partners - $12,079.65, Water System Improvements Project • Carroll & Blackman, Inc. - $1,990.50, 12th Street and Avenue H Sewer Line Project 4. REGULAR AGENDA a. Recognition Mayor Nugent recognized the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers' Associaiton. 1 b. Library A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers authorizing the "Food for Fines" project for the month of February, 2011. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. Minutes continued, December 6, 2010 ' c. Bids /Purchase A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Rogers authorizing the purchase of playground equipment for Doornbos Park via BuyBoard, HGAC, or state - approved contract in the amount of $43,102.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None d. Contract /Agreements A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve an Interlocal Agreement with the cities of Port Neches, Goves, and Port Arthur regarding the Jefferson County / Beaumont Regional 800MHzRadio System. 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 Albanese to approve Change Order #1, reducing the cost by $8,068.03, for the "Virualization Network" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. e. Report ' Fiscal Year 2009 - 2010 Financial Review City Manager, Chris Duque, reported on the status of the General, Water /Sewer, Solid Waste, Hotel /Motel Tax, and Economic Development Corporation Funds at the end of the fiscal year 2009 - 2010 (September 30, 2010). 5. COMMUNICATIONS City Manager's Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that there are 4 crews working on the Wastewater Collection System Rehabilitation Project. They anticipate opening bids on the Asphalt Street Rehabilitation Project in February of 2011. The contractor for the 2010 Concrete Street Rehabilitation Project began work on area 2, eastbound Avenue H between 291h Street and 33rd Street. Contractor on the South 12th Street Sewer Replacement has agreed to remove and replace the portion of sewer line that was incorrectly installed. Work is to begin ASAP. ACR has been submitted to TQEC on the Water System Improvements Project and design surveys are complete. Discussions have begun on the location for the 18" line. Progress meeting is scheduled for December 13, 2010. b. City Hall Christmas Event will be Saturday, December 11, 2010 and Sunday, December 12, 2010 from 11:00 AM to 1:00 PM. c. The second December City Council meeting will be Monday, December 13, 2010 at 4:30 PM. 1 Minutes continued, December 6, 2010 6. 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, Albanese and Rogers. Noes: None. - &J&64w-- R. A. Nugent, M or City of Nederlarl , Texas ATTEST: Lc)a a A p/l Gay Ferguson, City CI City of Nederland, Texas 1 1 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 R V Don Albanese Council Member - Ward III Bert Rogers Council Member - Ward IV Chris Duque City Manager V i/ Gay Ferguson City Clerk , Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief Gary Collins Fire Chief 1/ Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian t/ Emily Melancon Human Resources Director Joni Underwood Executive Secretary R. A. Nugent, Ma r CUA- ' Gay FergusoW, City Clerk Date INTERLOCAL AGREEMENT 1 WHEREAS, the Cities of Port Neches, Nederland, Groves, and Port Arthur herein called the "Consortium," submitted and were awarded a Port Security Grant in 2006 from the Department of Homeland Security (DHS) for the amount of $7,188,544 for improved " Interoperability;" and, WHEREAS, the "Radio' portion of the Interoperability project includes an Interlocal Agreement between the Consortium and the Jefferson County /Beaumont Regional 800MHz Radio System, herein called the "Regional System" and the recurring costs associated with operating said System from year to year are shown in EXHIBIT A; and, WHEREAS, the "Data" portion of the Interoperability project includes an Interlocal Agreement between the Consortium members for Records Management System Data Software, and Law Enforcement Analysis Portal, herein called the "Data System," and the recurring costs associated with operating said Data System from ' year to year are shown in Exhibit A; and, WHEREAS, it is necessary for Consortium to establish a structure as to how costs are distributed between Consortium for the Regional System and the Data System; and WHEREAS, the Radio System recurring costs include annual Motorola maintenance fees, annual municipal infrastructure maintenance fees, T -1 phone lines, annual insurance costs, and ad hoc infrastructure up- grades requested on occasion when needed or as required; and, WHEREAS, the Data System recurring costs include T -1 phone lines or cable, annual software maintenance costs, annual municipal infrastructure maintenance costs, annual insurance costs, and ad hoc infrastructure up- grades requested on occasion when needed or as required; and, WHEREAS, each City, under authority of the Interlocal Cooperation Act, § §791.001 et seq, Texas Government Code, has determined that it is in their best interests to enter into this Interlocal Agreement. I Interlocal Agreement — "Recurring Costs" Page 1 of 8 NOW, THEREFORE, THE CITIES AGREE AS FOLLOWS: 1. The Recurring Costs Summary is shown in Exhibit A. 2. It is recognized by all Consortium members that such recurring costs may increase or decrease each year based upon subscriber changes, population changes, vendor costs modifications, and/or insurance cost changes. BILLING FROM JEFFERSON COUNTY Billing for Motorola Maintenance Fees from Jefferson County: 1. Motorola Maintenance fees for the Consortium will be invoiced from Jefferson County as shown in Exhibit A to the City of Port Neches in May of each year. 2. Motorola Maintenance fees include Shared Regional System costs for ' each Consortium member in addition to Central Dispatch costs for Port Neches, Nederland, and Groves. 3. The City of Port Neches, upon receipt of the invoice from Jefferson County, shall invoice each member in the Consortium, who shall remit payment to the City of Port Neches within 30 calendar days of date of such invoice. 4. The City of Port Neches shall collect such from each Consortium member and remit to Jefferson County said Motorola Maintenance fees. BILLING FROM PORT NECHES Shared Regional System - Motorola Maintenance Fees: 1. Consortium Shared Regional System Motorola Maintenance fees will be paid by each member of the Consortium, calculation based on the number of subscriber units, each member uses on the Regional System. Interlocal Agreement - "Recurring Costs" Page 2 of 8 Dispatch — Motorola Maintenance Fees: I 1. Central Dispatch Motorola Maintenance fees will be paid by each Central Dispatch City's operating funds, calculation based on per capita, as described in the Interlocal Agreement between the Cities of Nederland, Port Neches, and Groves dated the 8th day of June A.D., 1993. 2. Port Arthur Dispatch and Port Arthur EOC Motorola Maintenance fees will be paid by the City of Port Arthur and included in the Shared Regional System — Motorola Maintenance Fees (see Exhibit A). PSG06 Equipment — Property /Flood /Wind Insurance Fees: 1. Consortium Grant funded radio equipment located in buildings at the four tower locations, not including the equipment on actual towers, of the Regional System will include Property, Windstorm, and Flood insurance coverage and will be carried under the City of Port Neches insurance policy. ' 2. The City of Port Neches shall invoice the Consortium members in October of each year for their portion of insurance costs based on per capita. 3. Consortium members shall remit payment to the City of Port Neches within 30 calendar days of date of such invoice. 4. Equipment located on the four actual towers, not covered by Windstorm or Flood insurance, will be considered self insured and that any repairs needed, will be shared among the entities of the Consortium calculation based on per capita and invoiced by the City of Port Neches. BILLING FROM NEDERLAND Central Dispatch Budget — Incode RMS Maintenance Fees: 1 Interloca/ Agreement- "Recurring Costs" Page 3 of 8 L Tyler Technology maintenance fees for the Records Management System for the Cities of Port Neches, Nederland, and Groves will be divided evenly between each city. 2. The City of Nederland shall invoice the Cities of Port Neches and Groves in October of each year for their portion of Tyler Technology maintenance costs based on per capita. 3. The Cities of Port Neches and Groves shall remit payment to the City of Nederland within 30 calendar days of date of such invoice. 4. The City of Nederland will remit said maintenance fees to Tyler Technology. Central Dispatch Budget — 4 T -1 lines 1. 4 T -1 line lease fees for Central Dispatch radio use by the Cities of Nederland, Port Neches, and Groves will be paid from Central Dispatch operating ' funds, calculation based on per capita, as described in the Interlocal Agreement between the Cities of Nederland, Port Neches, and Groves dated the 8th day of June A.D., 1993. Central Dispatch Budget - Law Enforcement Analysis Portal Fees: 1. Law Enforcement Analysis Portal Annual Fees for Nederland, Port Neches, and Groves will be paid from Central Dispatch operating funds and will be billed to Central Dispatch and divided evenly between each city. 2. The City of Nederland shall invoice the Cities of Port Neches and Groves in October of each year for their portion of Law Enforcement Analysis Portal recurring fees. 3. The City of Port Neches and Groves shall remit payment to the City of Nederland within 30 calendar days of date of such invoice. 4. Law Enforcement Analysis Portal Annual Fees for the Port Arthur Police Department will be billed directly to the City of Port Arthur. Interloca/ Agreement - 'Recurring Costs" Page 4 of 8 This Interlocal Agreement may be executed in multiple counterparts. ' Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. City of Port N Mayor TTEST: y Secretary APPROVED F qty Attorney AP ADMINISTRATION City Manager Interiocal Agreement - "Recurring Costs" Page 5 of 8 1 1 1 L City of Port Arthur Mayor ATTES City Secretary APPROVED JOR FORM: City Attorney APPROVE OR AD TRATION City Manager Interlocal Agreement— "Recurring Costs" Page 6 of 8 m ATTEST: T o City Secretary FORM: J z.,.- C----� FOR ADMINISTRATION: City City of Nederland I FAIII�,JI M- 1 1 Interlocal Agreement- "Recurring Costs" Page 7 of 8 1 1 1 ity of Grove ayor ATTEST: City Secretary AP OVED FOR FORM-AD 'Attorney TION City Manager Interlocal Agreement - 'Recurring Costs" Page 8 of 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. December 13, 2010 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. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance was lead by Councilmember Rogers. 3. APPROVAL OF MINUTES A motion was made by Councilmember Neal and seconded by Councilmember Ortiz to approve the minutes of the December 6, 2010 meeting as written. 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 Mayor Pro Tern Albanese to accept the November Departmental Reports for the Police Department, Fire Department, Public Works Department, Water Treatment Plant, and Wastewater Treatment Plant, Inspection Department, Library, Parks Department, Finance Department, City Clerk, and Personnel as presented. 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 authorizing Nederland Rotary Club to utilize Doornbos Park for the Hooked on Fishing, Not on Drugs event to be held on February 19, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None 6. FINANCIALS A motion was made by Councilmember Rogers and seconded by Councilmember Neal to accept the Tax Collector Report for November 2010 as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes Continued, December 13, 2010 7. BIDS A motion was made by Councilmember Neal and seconded by Mayor Pro Team Albanese to authorize city staff to solicit bids for the sale of city properties on Avenue G and 1404 S. 16th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. PAYMENTS A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve payment to Net Sales Direct in the amount of $188,167.34 for the "Virtualization Network" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a payment to T & N Laboratories and Engineering in the amount of $1,378.00 for the "2011 Flexible Pavement 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 payments to Allco, Inc. in the amount of $170,493.04 for the °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 Albanese and seconded by Councilmember Rogers to approve a payment to Carroll & Blackman, Inc. in the amount of $3,729.75 for the "12th Street and Avenue H Sewer Line" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a payment to Schaumburg & Polk, Inc. in the amount of $3,758.00 for the "2009 Sewer Rehabilitation" project. MOTION CARRIED. Ayers: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None COMMUNICATION City Manager Report: a. Christmas Parade will be held Tuesday, December 14, 2010 at 6:00 PM b. City offices will be closed on Thursday, December 23rd, Friday, December 24th, and Friday, December 31, 2010 in observance of City holidays. Minutes Continued, December 13, 2010 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Rogers to adjourn the meeting at 4:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. A.Nugent,, ayor City of Nederland, Texas ATTEST: Gay Fergu$ n, City Clerk City of Nederland, Texas l J 1 I 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 v Chris Duque City Manager Gay Ferguson 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 �✓ Emily Melancon Human Resources Director ✓ Joni Underwood Executive Secretary R. A. Nugent, 14 or ' G M,L4�Z� M �X kn4V\-- y Fergusoi City Clerk /-'� "3 -/ a Date J. SHANE HOWARD TAX ASSESSOR- COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON �g,SON CO TEXA"o SUSIE JAMES CHIEF DEPUTY I, J. Shane Howard, 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 $338,897.55, represents all'taxes collected for CITY OF NEDERLAND during the month of November 2010. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704 -2112 PHONE: (409)835 -8516 • FAX: (409)835 -8589 1 1 1