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2011001 4:30 p.m. 1. MEETING REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 10, 2011 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 Councilmember ' Ortiz to approve the Consent Agenda Items 3 a -d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. a. Minutes—December 13, 2010 b. Reports - December 2010 Departmental Reports c. Consider action authorizing the submittal of a renewal application for the Texas Pollutant Discharge Elimination System Permit No. 10483-002 d. Payments: • December 2010 monthly bills • Walker Partners - $9,615.00, 2010 Water System Improvements project • Carroll & Blackman, Inc. - $391.50, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to approve Resolution No. 2011-01, authorizing participation with other Entergy Texas, Inc. at the Public Utility Commission of Texas and the Federal Entery Regulatory Commisison in 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. P� 009 Migutes continued, January 10, 2011 b. A motion was made by Councilmember Ortiz and seconded by Councilmember ' Neal to approve authorizing the solicitation of bids for the "2011 Flexible Pavement Rehabilitation project." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. EXECUTIVE SESSION The regular meeting was recessed at 4:36 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 - Claim by Charles Pearson - 615 S. 3 1/2 Street. 6. RECONVENE The regular meeting was reconvened at 4:46 p.m. by Mayor Nugent. Receive comments on the subject of Charles Pearson's claim regarding his property located at 615 S. 3 1/2 Street. Mr. Charles Pearson was present to discuss damage to his driveway in which he filed a claim with Texas Municipal League in 2004. TML denied the claim. No further action was taken. ' COMMUNICATIONS City Manager's Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that there are 4 crews still working on the Wastewater Collection System Rehabilitation Project. This project is approximately 44% complete. Bid opening for the Asphalt Street Rehabilitation Project is proposed for February 8, 2011. The contractor for the 2010 Concrete Street Rehabilitation Project completed work on area 2, eastbound Avenue H between 29`h Street and 33`d Street and continues to work on area 7, westbound lanes of the same area. Contractor on the South 12`h Street Sewer Replacement has replaced the portion of sewer line that was incorrectly installed but has not requested a final walk-through. 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. Initial layouts of new high service pumps are currently being reviewed. 8. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Rogers to adjourn the meeting at 5:07 p.m. MOTION I CARRIED. Minutes continued, January 10, 2011 003 ' Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese and Rogers. Noes: None. R. A. Nugent ayor City of Nederland, Texas ATTEST: n day Ferguln, City Cleru City of Nederland, Texas 1 004 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 v Bert Rogers Council Member — Ward IV L 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 'WV R. A. Nuge or Ga Fergusod, City Clerk C___ o/Im A l C[/l 1�-- Dati) 1 1 1 RESOLUTION NO. 2011-01 0 005 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 2011 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 and into the future; WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utility Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2011 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 allocation adjustments; WHEREAS, ETI is scheduled"to file fuel factor proceedings at the Public Utility Commission in February and August 2011, and file other fuel proceedings during 2011 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 its Energy Efficiency Plan; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. UTIL. Code § 33.025, 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, Texas 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 OO 6 proceedings or cost of service adjustments on file with the Public Utility Commission or with municipalities in 2011 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, Texas shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2011 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 APPROVED by the City Council of the City of Nederland, Texas, this the 101h day of January 2011. 1 7 /��7✓�till�� A. Nugent, Mayor City of Nederland, Texas ATTEST: ' Gay Ferguson, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: ity Attorney JoNderiland, Gy Texas 1 00 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING January 24, 2011 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 Tem Albanese to approve the Consent Agenda Items 3 a -f as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. a. Minutes - January 10, 2011 regular meeting b. Reports - December 2010 Departmental Reports c. Consider action authorizing the closure of various streets for the Nederland Heritage Festival activities d. Financials: • Tax Assessor Collection Report - December 2010 • Receive the Quarterly Investment Report from the Finance Department e. Consider authorizing the Jefferson County Mosquito Control District to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the city limits of Nederland. f. Payments: • Carroll & Blackman, Inc. - $731.84 Phase II MS4 Permit Implementation Services • Carroll & Blackman, Inc. - $2,203.00, 12th Street & Avenue H Sewer Line project ' • APAC - $48,863.15, 2010 Concrete Street Rehabilitation project 0 Allco, Inc. - $117,985.97 2009 Sewer Rehabilitation project BE Minutes continued, January 24, 2011 4. REGULAR AGENDA a. Recognition of Retiree: LaDonna Floyd b. Bids: i. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers authorizing the solicitation of bids for "Water Inventory Items." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. ii. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese authorizing the solicitation of requests for proposals with the City of Port Neches for an insurance agent of record. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None Absent: Councilmember Neal. c. Grants: 1 i. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers for authorizing the acceptance of grant funds from the Wilton and Effie Mae Hebert Foundation for FY 2010/2011. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz approving the submittal of an Aid to Firefighters Grant to the U.S. Department of Homeland Security. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. d. Elections: i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese approving Resolution 2011-02, calling for an election to be held May 14, 2011 for the purpose of electing two Councilmembers - one from Ward I and one from Ward III. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers, Ortiz, Albanese, and Rogers Noes: None. Absent: Councilmember Neal. ii. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem approving Ordinance 2011-01, calling for a special election to be held May 14, 2011 for reauthorization of the street sales tax. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers, Ortiz, Albanese, and Rogers. , Noes: None Absent: Councilmember Neal. Minutes continued, January 24, 2011 ' S. EXECUTIVE SESSION The regular meeting was recessed at 4:45 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 - Payments to Jerry Walley Construction and Carroll & Blackmon, Inc. - South 12th Street Sewer Line Relocation project Interlocal Agreement with N.I.S.D. Contract with ES&S 6. RECONVENE The regular meeting was reconvened at 5:15 p.m. by Mayor Nugent. 7. REGULAR AGENDA lContinuedj iii. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Albanese approving a contract with ES&S for rental of election equipment for the May 2011 General and Special Elections. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None Absent: Councilmember Neal. ' iv. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese approving an Interlocal Agreement with the Nederland Independent School District for conducting a joint election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None Absent: Councilmember Neal. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz approving Change Order No. 1 - "South 12th Street Sewer Line Relocation project." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None Absent: Councilmember Neal. f. Payments: i. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz approving payment to Carroll & Blackman, Inc. - South 12th Street & Avenue H Sewer Line project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None Absent: Councilmember Neal. ' ii. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese approving final payment and release of retainage to Jerry Walley Construction, LP - South 12th Street Sewer Line Relocation project. MOTION CARRIED. 11• oto Minutes continued, January 24, 2011 Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. ' Absent: Councilmember Neal. S. ADJOURN There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 5:20 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal. R.`A. NWNedandy,'Texas r City of ATTEST: PayFerg on, City rk ' City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET 1 R. A. Nugent, �yor N_ 14 a �)'l Gay er son, City Clerk 41'1 I 'Q t i Oil NAME TITLE PRESENT ABSENT R. A. Nugent Mayor ✓ v 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 Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden ' Director of Finance V Darrell Bush Police Chief V Gary Collins Fire Chief V // V Steve Hamilton Director of Public Works Official George Wheeler Building V Victoria Klehn Librarian Emily Melancon Human Resources Director V V Joni Underwood Executive Secretary 1 R. A. Nugent, �yor N_ 14 a �)'l Gay er son, City Clerk 41'1 I 'Q t i Oil 012 SON co J. SHANE HOWARD �; SUSIE JAMES TAX ASSESSOR -COLLECTOR ,t CHIEF DEPUTY TEXAS STATE OF TEXAS COUNTY OF JEFFERSON 1, 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 $1,747,255.03, represents all taxes collected for CITY OF NEDERLAND during the month of December 2010. J. Shane Howard JEFFERSON COUNTY COURTHOUSE - P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 L 1 1 1 1 R.A.'Dick' Nugent, Mayor Don Albanese, Mayor Pro Tem Jeff Ortiz, Councilmember Billy Neat, Gouaclimember City of -Ne- derla nd Bert er Duque, e, City Manager Christopher Duque, Ciry Manager P.O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-1550 Investment Report For the Quarter Ending December 31, 2010 This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code), which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted b Investment Officers of the City of Nederland Chris Duque ty Manager Cheryl mow en, Director of Finance "Progm nnled for Pro p ess " U 1 ,S 014 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2010 Investments at Beginning of Period (10-1-10) Purchases Maturities Investments at End of Period (12-31-10) Maturity Summary at December 31, 2010 IL $ 7,009,764.85 2,837.79 0.00 $ 7,012,602.64 ■ Less than 3 months ■ 3 to 9 months ❑ 9 to 12 months ❑ Greater than 12 months 1 1 1 City of Nederland ' Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending December 31, 2010 General Fund Library Fund Water & Sewer Fund Motel Occupancy Tax Fund Equipment Replacement Fund Solid Waste Fund Police Narcotics Fund Wastewater Construction Fund Bond Redemption Fund 1 Balance Wastewater 10/01/2010 Purchases $ 4,340,474.09 $ 2,052.98 32,245.13 10.52 1,002,864.36 474.33 0.00 0.00 0.00 0.00 508,127.94 240.35 47,140.74 22.27 1,000,000.00 0.00 78,912.59 37.34 $ 7,009,764.85 $ 2,837.79 $ Maturities Fund Allocation at December 31, 2010 Solid Waste Fund Fund ' 015 Balance 10/31/2010 $ 4,342,527.07 32,255.65 1,003,338.69 0.00 0.00 508,368.29 47,163.01 1,000,000.00 78,949.93 $ 7,012,602.64 01 Wastewater Construction Fund 14.26% Water & Sewer Fund 14.31% Other 2.26% 1 Fund ' 015 Balance 10/31/2010 $ 4,342,527.07 32,255.65 1,003,338.69 0.00 0.00 508,368.29 47,163.01 1,000,000.00 78,949.93 $ 7,012,602.64 01 Ole Investment Report Schedule Investments for the Quarter ended December 31, 2010 CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest December 31, Number Date Date be held Rate Face Amount 2010 Held at December 31, 2010 Library Special Fund 1481085106 01/01/2010 01/02/2011 366 0.30% $ 10,000.00 7.58 Wastewater Construction Fund 7140694790 07/28/2009 01/28/2011 550 1.75% 1,000,000.00 4,512.68 Total Interest Earned on CDs for the quarter ended December 31, 2010 $ 4,520.26 Total Certificates of Deposit held at December 31, 2010 $ 1,010,000.00 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended December 31, 2010 INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments $ 5,999,764.85 $ 2,837.79 $ 6,002,602.64 Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 10/01/10 12/31/10 1 0.187% $ 4,340,474.09 $ 2,052.98 $ 4,342,527.07 Water & Sewer 10/01/10 12/31/10 1 0.187% 1,002,864.36 474.33 1,003,338.69 Bond Redemption Fund 10/01/10 12/31/10 1 0.187% 78,912.59 37.34 78,949.93 Library Special 10/01/10 12/31/10 1 0.187% 22,245.13 10.52 22,255.65 Solid Waste Fund 10/01/10 12/31/10 1 0.187% 508,127.94 240.35 508,368.29 Police Narcotic Fund 10/01/10 12/31/10 1 0.187% 47,140.74 22.27 47,163.01 Totals for TEXPOOL Investments $ 5,999,764.85 $ 2,837.79 $ 6,002,602.64 O1s Investment Report Schedule Investments for the Quarter ended December 31, 2010 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Heid Maturity Rate Decmeber 31, 2010 Bond Redemption Fund 10/01/10 12/31/10 1 0.200% $ 76.04 Capital Outlay Fund 10/01/10 12/31/10 1 0.200% 116.78 Court Technology Fund 10/01/10 12/31/10 1 0.200% 2.98 Equipment Replacement Funds 10/01/10 12/31/10 1 0.200% 651.55 Fire Department Special Fund 10/01/10 12/31/10 1 0.200% 11.01 General Fund 10/01110 12/31/10 1 0.200% 379.73 Library Special Fund 10/01/10 12/31/10 1 0.200% 11.63 MCML Dispatch 10/01/10 12/31/10 1 0.200% 96.32 Motel Occupancy Tax Fund 10101/10 12/31110 1 0.200% 7.06 Parks & Recreation Special Fund 10/01/10 12/31/10 1 0.200% 10.03 Police Narcotic Fund 10/01/10 12/31/10 I 0.200% 74.07 Solid Waste Fund 10/01/10 12/31/10 1 0.200% 453.11 Street Improvement Fund 10/01/10 12/31/10 1 0.200% 287.61 SSES Fund 10/01/10 12/31/10 1 0.200% 168.11 Wastewater Construction Fund 10/01/10 12/31/10 1 0.200% 1,065.89 W & S Certificate Fund 10/01/10 12/31/10 1 0.200% 71.58 Water & Sewer Fund 10/01/10 12/31/10 1 0.200% 84.61 3,568.11 [I 1 1 1 1 1 Investment Report Schedule December 31, 2010 Interest Earnings for Quarter Ended December 31, 2010 Bond Redemption Fund $ 113.38 Capital Outlay Fund 116.78 Court Technology Fund 2.98 Equipment Replacement Funds 651.55 Fire Department Special Fund 11.01 General Fund 2,432.71 Library Special Fund 29.73 MCML Dispatch 96.32 Motel Occupancy Tax Fund 7.06 Parks & Recreation Special Fund 10.03 Police Narcotic Account 96.34 Solid Waste Fund 693.46 Street Improvement Fund 287.61 SSES Fund 168.11 Wastewater Construction Fund 5,578.57 W & S Certificate Fund 71.58 Water & Sewer Fund 558.94 $ 10,926.16 019 n2() Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director ` i 8905 First Street I / Beaumont, Texas 77705 Phone: (409)719-5940 Fax: (409) 727-4176 ksexton@co.iefferson.tx.us January 4, 2011 AERIAL WAIVER Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 Advisory Commission: Dr. M.O. Way, Chairman Denise Wheeler, Secretary George Mitchell PautJones Wayne Morris Matt Vincent The Jefferson County Mosquito Control District is authorized to fly at low altitudes as required for the application of pesticides for the control of mosquitoes within the limits of City of Nederland, Texas. Jefferson County Mosquito Control operates in accordance with all Federal and State Rules and Regulations governing this type of application. Signature: %)f4 /G� Mayor's Office, of Nederland, Texas Date I -,�.5- - 'A 6i �/ Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JWH/dw 1 1 021 I RESOLUTION 2011-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 14, 2011; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland provide that on May 14, 2011 there shall be elected the following officials for this City: One (1) Council member, Ward I One (1) Council member, Ward III WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a resolution should be passed establishing the procedure to be followed in said election, and designating the voting place for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That all independent candidates at the election to be held on the second Saturday in May, 2011, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 1400 Boston Avenue, Nederland, Texas, not later than the sixty-second (62nd) days before the election or earlier than the 30" day before the date of the filing deadline in accordance with Election Code Sec. 143.006 and 143.007. The earliest date for ' a candidate to file same will be February 12, 2011, which is a Saturday, therefore, will be moved to the next regular business day, February 14, 2011 at 8:00 a.m., with the last day for filing to be March 14, 2011 at 5:00 p.m. All of said applications shall be on a form as prescribed by Section 141.031 of the Election Code. The order in which names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk as provided by Section 52.094 of the Election Code. The City of Nederland has one polling place located in the City Office Building, 1400 Boston Avenue, Nederland, Texas. The City Clerk is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. James Porter will serve as Presiding Judge and Kristin Brady will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed seven (7). The polls at the above designated polling place shall on said Election Day be open from 7:00 a.m. to 7:00 p.m. Gay Ferguson is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12`") day and continuing through the fourth (0) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, May 3, 2011 and Tuesday, May 10, 2011. The above described place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mail may be sent. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. James Porter 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. 022 All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall , be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 24th day of January, 2011. R. A: eugent„K19yor City of Nederl6fid, Texas qf�O , 2d(C..n.ilrnernber Billy Neal, Ward II Councilmember Don Albanese, aCouncilmember elRoger rV�unc member r ATTEST: GNler u n, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Bra c City Attorney Ci of N derland, Texas 1 023 NOTICE OF GENERAL ELECTION To the Registered Voters of the City of Nederland, Texas: (A los votante registrados del Ciudad de Nederland, Texas:) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on May 14, 2011 for voting in a general election to elect two (2) council members. (Notifiquese, por las presente, que las casillas electorales sitados abajo se abriran desde las 7:00 a.m. hasta las 7:00 p.m. el 14 de mayo de 2011 Para votar en una eleccion general elegir dos (2) miembros del concilio. LOCATION(S) OF POLLING PLACES (DIRECCION(ES) DE LA CASILLAS ELECTORALES) 1400 Boston Avenue, Nederland, Texas Early voting by personal appearance will be conducted each weekday at (La votacion en adelantada en persona se Ilevara a cabo de Lunes a Viernes en) 1400 Boston Avenue. Nederland. Texas (location)(sitio) between the hours of 8:00 a.m. and 5:00 p.m. beginning on May 2, 2011 (entre las 8:00 de la manana y las 5 de la tarde empezando el 2 de mayo 2011. and ending on May 10, 2011. (y terminando el 10 de mayo, 2011.) except May 3, 2011 and May 10, 2011 voting shall be between the hours of 7:00 a.m. and 7:00 p.m. (Menos el 3 de mayo de 20101y el 10 de mayo, 2011 votar estara entre las horas de 7:00 de la manana y 7:00 de la tarde. ) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Gav Ferquson (Name of Early Voting Clerk) (Nombre del Secretario de la Votacion En Adelantada) P O Box 967 (Address)(Direccion) Nederland, TX 77627 (City)(Ciudad) (Zip Code)(Zona Postal) r 024 Applications for ballots by mail must be received no later than the close of business on (Las solicitudes para boletas qua as votaran an ausencia por correo deberan recibirse para at fin de las horns de negocio el) April 29.2011 Issued this the 24th day of January, 2011. (Emitada este dia 24th de enero, 2011. Jeff"ortiz and I Councilmember ;3bse.n-I- Billy Neal, Ward II Councilmember �@," Don Albanese, Ward III Councilmember /3"\�/ 1 - Bert Rogers, Ward N �uncilmember R. A. Nugent '✓ or R. A. Nugent, yor 1 1 1 425 ' CITY OF NEDERLAND ORDINANCE NO. 2011-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CALLING A SPECIAL ELECTION ON SATURDAY, MAY 14, 2011; DESIGNATING THE POLLING PLACES; PROVIDING FOR OTHER MATTERS RELATING TO THE SPECIAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, a Special Election is hereby ordered to be held on the 14`^ day of May, 2011, for the purpose of submitting to the resident qualified electors of the City of Nederland the proposition "for" or "against" "The reauthorization of the local sales and use tax in the City of Nederland, Texas, at the rate of one-quarter (1/4) of one - percent (1%) to continue providing revenue for maintenance and repair of municipal streets." WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, an ordinance should be passed establishing the procedure to be followed in said election, and designating the voting places for said election. NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The City of Nederland has one polling place located in the City Office Building, 1400 Boston Avenue, Nederland, Texas. The City Clerk is hereby authorized to provide and furnish all necessary election supplies to conduct said election. Section 2. The polls at the above designated polling place on Election Day shall be open from 7:00 a.m. to 7:00 p.m. Section 3. James Porter will serve as Presiding Judge and Kristin Brady will serve as Alternate Presiding Judge, and the clerks of the election will be appointed by the Presiding Judge in a number not to exceed seven (7) clerks. Section 4. Gay Ferguson is hereby appointed Clerk for Earty Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the fifteenth (15) day and continuing through the fourth (4"') day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Tuesday, May 3, 2011 and Tuesday, May 10, 2011. The above described place for Early Voting is also the Early Voting Clerk's address to which ballot applications and ballots voted by mail may be sent. Section 4. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. James Porter 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. Gay Ferguson is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Section 5. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting 02G System v8.0.1.0 (DRE) as approved by the Secretary of State. All expenditures I necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. Section 5. The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. Section 6. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this day of an 2011. �Je/ilmember G" Don Albanese, Ward III Councilmember ATTEST: b i�� 1(.�-LIQ ay erg on, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 4seBrk, City Attorney ty ofland,Texas R. A. Nugent, Texas City of Nederl d, Billy Neal, Ward II Councilmember BertRogers, Ward Councilmember ' J w NOTICE OF SPECIAL ELECTION To the Registered Voters of the City of Nederland, Texas: 9 (A los votante registrados del Ciudad de Nederland, Texas:) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on May 14, 2011 for voting in a special election to present the proposition "for" or "against' "The reauthorization of the local sales and use tax in the City of Nederland, Texas at the rate of one-quarter (114) of one -percent (1%) to continue providing revenue for maintenance and repair of municipal streets. (Notifiquese, por las presente, que las casillas electorales sitados abajo se abriran desde las 7:00 a.m. hasta las 7:00 p.m. el 14 de mayo de 2011 Para votar en una elecci6n special elegir presentar una proposici6n a votado para o contra "La reautorizaci6n del impuesto local por concepto de ventas y derecho de use en el Municipio de Nederland, a la tasa de una cuarta parte de uno por ciento, para continuar recaudando ingresos para el mantenimiento y reparaci6n de las calles municipals.") LOCATION(S) OF POLLING PLACES (DIRECCION(ES) DE LA CASILLAS ELECTORALES) 1400 Boston Avenue, Nederland, Texas Early voting by personal appearance will be conducted each weekday at (La votacion en adelantada en persona se Ilevara a cabo de Lunes a Viernes en) 1400 Boston Avenue, Nederland, Texas (location)(sitio) between the hours of 8:00 a.m. and 5:00 p.m. beginning on May 2, 2011 (entre las 8:00 de la manana y las 5 de la tarde empezando el 2 de mayo 2011. and ending on May 10, 2011. (y terminando el 10 de mayo, 2011.) except May 3, 2011 and May 10, 2011 voting shall be between the hours of 7:00 a.m. and 7:00 p.m. (Menos el 3 de mayo de 20101y el 10 de mayo, 2011 votar estara entre las horas de 7:00 de la manana y 7:00 de la tarde. ) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Gav Ferguson (Name of Early Voting Clerk) (Nombre del Secretario de la Votacion En Adelantada) 967 ( Box Address)(D)(Direccion) Nederland, TX 77627 (City)(Ciudad) (Zip Code)(Zona Postal) r`w 028 f Applications for ballots by mail must be received no later than the close of business on (Las solicitudes para boletas que as votaran en ausencia por correo deberan re.ibirse para el fin de las horas de negocio el) A HI 29 2011 Issued this the 24th day of January, 2011. (Emitada este dia 24th de enero, 2011. 4�.ff'ZMOdl o riciimember 14S P✓)T Billy Neal, Ward II Councilmember Lulu ON. Don Albanese, Ward III Counciimember Bert Rogers, Ward I ouncilmember P17 — R. A. Nugent ayor 1 1 029 Election Systems Software SECURITY WWI TAINiNG VOTER CONFIDENCE. ■ i�ENHANCING IHE VOTING EXPERIENCE. RENTAL OF EQUIPMENT AND SALE OF SERVICES Description of Rental Equipment, Software and Services. The following constitutes all Rental Equipment, Software and Services to be provided by PES to Customer under this Agreement: Quantity Item Description UOM Price Tabulation Hardware Touch Screen Tabulator 3 USED iVotronic ADA Terminal (Includes Booth, Supervisor FEB, Headset, and 512MB Flashcard) Kit Included 11 USED iVotronic ADA Terminal (Includes Booth, Supervisor PEE, Headset, and 512MB Flashcard) - Each Included Add On Election Day Unit 2 USED iVotronic ADA Terminal (Includes Booth, Supervisor PEB, Headset, and 512MB Flashcard) - Each Included Add On Early Voting Unit Election Day Supplies Kit: 10 Paper Roll (Election Day) Each Included Early Voting Supplies Kit: 6 Paper Roll (Early Voting) Each Included 4 Printer Pack (thermal printer only) Each Included 16 512MB Flash Cards (Additional) Each Included 16 Supervisor PEB's (Additional) Each Included 2 Early Voting Quick Reference Guide (ORG) Each Included Services 1 Election Day On -Site Support (One Event includes a person on-site the day before, day of, and day Event Included after election) 1Travel Charge Event Included 1 Ballot Layout, Coding, and Voice Files. Includes Each Included English & Spanish Language Election Day Definition Burned to Media Coding Elements Up To The Following Quantities: 1 - Ballot Type 2 — Precincts 5 - Contests and/or Issues 15 — Candidates and/or Responses 2 — Propositions/Amendments or Instructions 2 —Ballot Faces X Shipping and Handling Included Rental Solution Fee Per Election $13,297.75¢ Covered Elections (Up to Four (4) Total Elections: May 14, 2011 Payment Terms: $13,297.75 Due April 14, 2011 The parties hereby agree that this Rental Solution and the Rental Agreement General Terms, attached hereto and fully incorporated herein by this reference, (collectively, the 'Agreement') represents a binding agreement between ES&S and Customer for the rental of ES&S System products and services. Further, the undersigned Customer hereby agrees to rent such ES&S products and services from ES&S as set forth herein. The undersigned Customer hereby agrees to the ES&S System Rental Agreement General Terms and acknowledges that he or she has read the entire Agreement, understands it and fully intends to be bound by it. The undersigned Customer hereby certifies that: 1) sufficient funds are available for any of this purchase that exceeds my allocation of state and/or federal funding; and 2) any amount not funded by state and/or federal funds has been authorized and appropriated for this rental. As of the date of the signature below, the undersigned Customer has full power and authority to enter into and perform this Agreement, and has been properly authorized to execute and deliver this Agreement on behalf of the County/State as set forth above. County/State Name City of Nederland, TX �Counry Contact Person IMs. Gay Ferguson (Address 1400 Boston Avenue City Nederland - g 030 Quantity (state ITX Zip hone number Item Deseriptlon UOM Price 1 1 1 031 RENTAL OF EQUIPMENT AND SALE OF SERVICES GENERALTERMS I TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT 1. Description of Rental Eauipment. Software and Services. Subject to the terms and conditions of this Agreement, ES&S agrees to rent and/or license as well as provide certain services to Customer, and Customer agrees to pay for such rental and/or license of, the ES&S Equipment, ES&S Firmware and ES&S Software as well as pay for those services requested by the Customer as described on the attached Purchase Order ("Purchase Order"). The payment terms for the rental and/or license of the ES&S Equipment, ES&S Firmware and ES&S Software as well as the payment terms for those services purchased by the Customer are set forth on the attached Purchase Order. Items Included in Rental Equipment. In addition to the Rental Equipment set forth on the Purchase Order, ES&S will also provide Customer with copies of operating instructions, user manuals and training materials for the Rental Equipment ("Rental Equipment Documentation"). Certain items included in the Rental Equipment may have been manufactured by parties other than ES&S; any such items are separately identified in the Purchase Order and are collectively known as "Non- ES&S Rental Equipment". Customer acknowledges and agrees that, except for the payment to ES&S of the amount dues under the Purchase Order which is attributable to the Non-ES&S Rental Equipment, all of its rights and obligations with respect to the Non-ES&S Rental Equipment flow from and to the manufacturers, lessors or other vendors of the Non-ES&S Rental Equipment (collectively the "Third Party Rental Equipment Vendors"). Customer further acknowledges that it has received copies of all applicable Third Party Rental Equipment Vendor Documentation, warranties and other applicable information regarding its rights and obligations with respect to the Non-ES&S Rental Equipment. 3. Warranty. ES&S warrants that any ES&S-manufactured equipment included in the Rental Equipment ("ES&S Equipment") will perform in accordance with the specifications set forth in the Rental Equipment Documentation and will be free from defects in material and workmanship under normal use and service for the Rental Term (the "Warranty Period"). ES&S' sole obligation under this Section 3 shall be to repair or replace the ES&S Equipment or the applicable parts thereof, at its sole expense, at Customer's location or at ES&S' facilities, as determined by ES&S in its sole discretion. Any repaired or replaced ES&S Equipment or parts thereof shall be warranted only for the unexpired term of the original Warranty Period. All replaced ES&S Equipment or parts thereof will become the property of ES&S on an exchange basis. The warranty ' provided by ES&S under this Section 3 does not apply to and shall not require ES&S to repair or replace any item (i) which requires repair or replacement due to normal wear and tear, (ii) which has been repaired, altered or transported by persons other than ES&S authorized representatives, (iii) from which any serial number has been removed, defaced or changed, (iv) which is damaged due to accident, disaster, theft, vandalism, neglect, abuse, use for a purpose other than the purpose for which such item is designed or use which is not in accordance with instructions furnished by ES&S, (v) which has been subjected to physical, mechanical or electrical design alterations or any conversion by persons other than ES&S personnel, (vi) which has been used by any person other than Customer's employees or persons under Customer's direct supervision; (vii) which has been used in a site not meeting the specifications as provided by ES&S; (viii) with respect to ES&S scanning equipment„ has been used with ballots other than ES&S copyrighted ballots; or (ix) with respect to ES&S scanning equipment, have been used with ballot code stock other than ballot code stock supplied or approved by ES&S. Rental Pavments. The rental payment for each item included in the Rental Equipment for the Rental Term (defined below) is set forth in the Purchase Order and the total amount thereof shall be paid in accordance with the terms set forth on the Purchase Order. Customer shall notify ES&S if it desires to rent additional items of Rental Equipment. If ES&S agrees to rent such items to Customer, the parties shall amend the Purchase Order of this Agreement to include such items within the definition of "Rental Equipment" and Customer shall pay to ES&S rental payments for each such item at ES&S' then -current rental rates. 5. Rental Term. The period during which Customer shall rent the Rental Equipment from ES&S shall be in effect from Thirty (30) days prior to the covered election event through thirty (30) days following the covered election event as identified on the Purchase Order, unless earlier terminated pursuant to this Agreement (the "Rental Term"). The Rental Term shall terminate upon the first to occur of (i) a breach of any provision herein applicable to the Rental Equipment which has not been cured by the breaching party within thirty (30) days after it receives written notice of the breach from the nonbreaching party (except a breach as provided in (iii) below which will require no notice); (ii) either party's providing thirty (30) days' prior written notice to the other party hereto of its desire to terminate the Rental Term; or (iii) Customer's failure to make any rental payment due hereunder within sixty (60) days after it is due. in the event of early termination by ES&S due to (a) a breach of this Agreement by Customer, (b) Customer's failure to pay any amounts owed under this Agreement or (c) the failure of Customer's applicable governmental authority to appropriate funds to make the payments due under this Agreement, Customer shall pay ES&S liquidated damages equal to the present value of the remaining monthly amounts I owing hereunder, discounted at the rate of 8% per annum. No later than ten (10) calendar days following the termination of the Rental Term, Customer shall release the Rental Equipment to ES&S at its own expense and in the same operation, order, repair, condition and appearance as when received, subject to normal wear and tear. In the event Customer fails to 032 release the Rental Equipment to ES&S no later than ten (10) calendar days following the termination of the Rental Term, Customer shall pay to ES&S a late return charge in the amount of $500.00 per calendar day until the Rental Equipment is returned to ES&S in accordance herewith. TERMS AND CONDITIONS RELATING TO SOFTWARE ' 6. Grant of License. a. In General. ES&S hereby grants to Customer a nonexclusive and nontransferable license during the Rental Term to Use (defined below) the Software which the Customer has designated on the Purchased Order. b. Third Partv Software. Customer acknowledges that ES&S does not own the Software designated on the Purchase Order as "Third Party Software" or the accompanying operating instructions, user manuals and training materials relating thereto (the "Third Party Software Documentation") (the ES&S Software Documentation and the Third Party Software Documentation sometimes collectively the "Software Documentation"). Customer further acknowledges that, except for the payment of license fees attributable to the Third Party Software and the Third Party Software Documentation (collectively the "Non-ES&S Software Items"), which shall be paid directly to ES&S pursuant to the Purchase Order, all of its rights and obligations with respect to the Non-ES&S Software Items flow from and to the vendors of the Non-ES&S Software Items (the "Third Party Vendors"). Customer further acknowledges that it has received copies of all applicable license agreements for the Non-ES&S Software Items from the Third Party Vendors. None of the Non-ES&S Software Items has been independently authenticated in whole or in part by ES&S, and none of ES&S' representations, warranties, covenants or agreements set forth herein apply with respect to the Non-ES&S Software Items unless otherwise specifically stated herein. C. Definition of Use. For purposes of this Agreement, the term "Use" shall mean the right to copy, or utilize all or any portion of the instructions or data of the ES&S Software from tangible media supplied by ES&S ("Tangible Media"). The ES&S Software may be used only for internal purposes and shall not be used by, for, or on behalf of, third parties. "Use" shall also mean the right to retain and consult the ES&S Software Documentation. Customer's right to Use the ES&S Software and the ES&S Software Documentation shall not include the right to do any of the following: i. Copy, in whole or in part, any ES&S Software (except for backup and archive purposes and provided that no more than one copy may be in existence at any one time for such purposes), any Tangible Media or ' any ES&S Software Documentation; ii. Reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the ES&S Software or the structural framework of the ES&S Software; iii. Cause or permit any use, display, loan, publication, transfer of possession, sublicensing or other dissemination offhe ES&S Software orthe ES&S Software Documentation, in whole or in part, to or by any third party without Licensor's prior written consent; iv. Modify, enhance or otherwise change the ES&S Software; V. Use the ES&S Software except as specified in the ES&S Software Documentation or as otherwise authorized by ES&S in writing; or vi. Use the ES&S Software on more items of Designated Equipment unless authorized in writing by ES&S. Fees. The license fees for the ES&S Software, the ES&S Software Documentation, the Third Party Software and the Third Party Documentation (collectively the "Licensed Items") for the Rental Term are set forth on the Purchase Order and shall be paid in accordance with the payment terms set forth on the Purchase Order. Term: Termination. The license granted herein shall become effective on the date the ES&S Software is delivered to the Customer (the "Start Date") and shall remain in force during the Rental Term. Upon termination of the license, Customer shall immediately return the ES&S Software and any other Confidential Information in its possession or under its control (including any and all copies) to ES&S. Termination of the license pursuant to this provision is in addition to any other remedies available to ES&S at law or in equity. Title. Copvriaht Notice. Customer acknowledges and agrees that: (a) all right, title and interest in and to the ES&S Software, , the ESS&$ Software Documentation and the Tangible Media is owned by ES&S, and Customer has only a limited license to Use such items during the Software License Term. Customer agrees not to challenge ES&S' right, title and interest in and to the ES&S Software, the ES&S Software Documentation or the Tangible Media and to notify ES&S immediately if it becomes aware of any such challenge. Customer shall include the copyright and proprietary rights notices which are set forth on each item of Tangible Media on any copies of the Software which are made from such item of Tangible Media, Likewise, Customer shall include the copyright and proprietary rights notices which are set forth on each item of Documentation on any copies thereof. 10. Export. Customer acknowledges that the laws and regulations of the United States may restrict the export of certain commodities and technical data of United States origin, including the Software, in any medium. Customer agrees that it shall not export the Software or the Documentation in any form without the appropriate United States and foreign government licenses. Licensee further agrees that its obligations pursuant to this Section 11 shall survive and continue after the termination of this Agreement. TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT AND SOFTWARE 11. Limitation on Liabilitv. ES&S' total liability to Customer for any losses, damages, costs or expenses of any nature, whether direct or indirect, arising from or relating to ES&S' performance of this Agreement or the products or services provided by ES&S hereunder, shall be limited to the aggregate amount paid by Customer to ES&S for the product(s) or services(s) that caused the losses or damages or are the subject matter of the claim or cause of action. By entering into this Agreement, Customer agrees to accept responsibility for (i) the selection of the Rental Equipment and Software to achieve Customer's intended results; (ii) the use (Use) of the Rental Equipment and Software; (c) the results obtained from the use of the Rental Equipment and Software; and (d) the selection of, use of and results obtained from any equipment, software or services not provided by ES&S and used with the Rental Equipment or Software. 12. Shipment: Title and Risk of Loss. ES&S will ship the Rental Equipment and Software by common carrier to Customer on a date mutually agreed upon by ES&S and Customer, and risk of loss with respect to the Rental Equipment and Software shall pass to Customer when such items are delivered to Customer's place of business. Title to the Rental Equipment shall remain in ES&S. ES&S shall also bear the risk of loss with respect to the'Rental Equipment (except that Customer shall bear the risk of loss with respect to, or damage to, the Rental Equipment which is caused by fire, the elements, theft, vandalism, negligent or intentional acts of Customer's employees or other events which are within the control of Customer). During the period in which this Agreement is in effect, Customer shall, at its sole expense, maintain the Rental Equipment in good ' operating condition and repair and protect the Rental Equipment from deterioration other than normal wear and tear and shall procure and maintain insurance on the Rental Equipment to adequately insure the risks of loss for which Customer is responsible hereunder. Upon request, Customer shall provide ES&S with copies of any and all policies procured and maintained by Customer insuring Customer's risks of loss hereunder. Customer shall not use the Rental Equipment for any purpose other than those for which it was designed and shall not, without the prior written consent of ES&S, alter the Rental Equipment or affix to or install on the Rental Equipment any accessory, equipment or device which was not supplied to it by ES&S. Customer shall not move the Rental Equipment from the place where it was originally installed without ES&S' prior written consent and shall make the Rental Equipment and any records pertaining thereto available to ES&S during regular business hours for inspection. Customer will not, without the prior written consent of ES&S and subject to such conditions as ES&S may impose for its protection, affix any item of Rental Equipment to any real property if, as a result thereof, such item of Rental Equipment will become a fixture under applicable state law. 13. Backaround Checks. ES&S certifies that a criminal background check has been or will be performed on all employees, including temporary employees, that may program, test, perform maintenance, transport equipment, or perform technical support with regard to the voting system equipment associated with this Agreement in order to determine if there are any findings that would prevent the employee(s) from performing their assigned duties. 1 033 034 INTERLOCAL GOVERNMENT AGREEMENT This agreement is made this 21st day of February , 2011, by and between the City of Nederland ("the City") and Nederland Independent School District ("NISD"). WHEREAS, the City of Nederland and Nederland ISD will conduct their general election on May 14, 2011; and, WHEREAS, Section 11.0581 of the Education Code requires that an election for trustees of an independent school district that is held on the same date as an election for the members of the governing body of a municipality located in the school district shall be held as a joint election under Chapter 271, Election Code; and, WHEREAS, the City and NISD will hold elections on the same day; and, WHEREAS, the parties to this agreement will comply with the Education Code, Section 11.0581, by conducting a joint election and insure that the election be held that is cost effective and convenient for the voters of the entities; NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City and NISD under the following terms and conditions, and the parties hereto agree with said conditions: 1. That there shall be a ballot(s) that contain all appropriate races and ' propositions available for qualified voters of the two entities. 2. That there shall be one set of voting equipment to be used at the common polling place. 3. That election forms to be used and records to be maintained be combined in a manner convenient and adequate to record and report the results of the election for the City and NISD. 4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by the two entities. 5. That each entity shall be responsible for the preparation, publication and Spanish translation of its own Notice of Election, Order of Election, and ballots. 6. That the implementation, conduct and management of said election shall be by the City Clerk, City of Nederland. The City Clerk is hereby designated as the Chief Election Official and Early Voting Clerk for the two entities for the election to be held on May 14, 2011. The implementation, conduct and management of the election shall include, but not be limited to: The securing of qualified individuals to serve as election judges for ' the polling place. Each entity's election order shall designate the joint election judges. Ib. Providing Nederland City Hall, 1400 Boston Avenue, as the polling location. C. The securing of the election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of DRE voting equipment to be used in the election. d. The City Clerk will be responsible for the conduct of joint early voting by personal appearance and by mail, with the Nederland City Hall serving as the location for early voting by personal appearance. 7. The amount to be paid by NISD to the City for services rendered by the City of Nederland in the May 14, 2011, election is: a. City of Nederland will first fund all costs in full, other than the publication of each entity's Notice of Election. b. NISD will reimburse the City of Nederland for certain costs as follows: One-half (1/2) of the cost of early voting. ' One-half (1/2) of the cost of publication of all jointly required notices. One-half (1/2) of the costs of programming, rental of DRE voting equipment, election supplies, election worker training session, Presiding Judge, Alternate Presiding Judge, and Election Day Clerks, Early Voting Ballot Board, Central Counting Station, and any.other required election services or materials. G. In the event that one entity is allowed to cancel their election the election will be solely funded by the remaining entity. 8. Each entity shall be responsible for any necessary submissions to the U.S. Department of Justice for preclearance under the Federal Voting Rights Act. 9. The financial obligations of the parties under this agreement are payable from current revenues of the respective parties that have been budgeted and appropriated for the purpose set forth herein. 10. That the undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. 1 M 033 PASSED AND APPROVED by the City Council of the City of Nederland on this the 24`h day of January 2011. , ha( R. A. Nugent, M r City of Nederlan ,Texas ATTEST: Gay Fergon, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Br ni City Attorney C'y of ederland, Texas PASSED AND APPROVED by the Board of Trustees of the Nederland , Independent School District on this 9?/' day of A.. , 2011 Nederland endent School District 1 03! ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING February 14, 2011 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 Tem Albanese 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 - January 24, 2011 regular meeting. b. Reports - January 2011 Departmental Reports C. Payments: • January 2011 monthly bills • Walker Partners - $16,423.39, 2010 Water System Improvement project • Schaumburg & Polk, Inc. - $12,672.00, 2011 Flexible Pavement Rehabilitation project • Schaumburg & Polk, Inc. - 938.00, 2009 Sewer Rehabilitation project • APAC - $59,408.39, 2010 Concrete Street Rehabilitation project • Allco, Inc. - $132,381.04, 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem ' Albanese approving Resolution No. 2011-03, in support of renaming FM 365 to "Bum Phillips Way." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None 038 Minutes Continued, February 14, 2011 b. Receive an update from Walker Partners, LLC regarding the Nederland Water I Treatment Plant repair/improvements project. Gary Graham with Walk Partners LLC was present to give an update/report to City Council Members on the progress and plans for repairs and improvements being made to the Nederland Water Treatment Plant. c. A motion was made by Councilmember Rogers and seconded by Councilmember Neal approving an Interlocal Agreement with Jefferson County Water Control & Improvement District No. 10 for Fire Protection Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers, Ortiz, Neal, Albanese, and Rogers Noes: None. d. Streets i. A motion was made by Councilmember Rogers and seconded by Councilmember Neal approving Change Order #1 for the 2010 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None ii. A motion was made by Mayor Pro Team Albanese and seconded by Councilmember Ortiz awarding bid for the "2011 Flexible Pavement Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None , 5. EXECUTIVE SESSION A motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to postpone the Executive Session. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None 6. COMMUNICATION City Manager's Report: a. Construction Project Update. Troy Whitehead with Schaumburg & Polk, Inc. was present to give an update on the 2009 Sewer Rehabilitation project. He stated that there has been good progress made and the project is scheduled for completion as proposed. b. Hooked on Fishing, Not on Drugs will be this Saturday, February 19, 2011. Activities will be begin at 9:00 a.m. The Parks Department, Police Department, and Fire Department will be assisting with this event. c. City offices will be closed on Monday, February 21, 2011 in observance of President' Day. 7. ADJOURN There being no further business a motion was made by Councilmember Ortiz and I seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:17 p.m. Minutes Continued, February 14, 2011 MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ATTEST: Gray FergusQn, City Clerk City of Nederland, Texas 1 1 AW116�-VL) R. A. Nugent, 64yor City of Nederland, Texas 039 040 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 I Council Member— Ward IV Chris Duque I City Manager Gay Ferguson I City Clerk [/ Jesse Branick I 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 v R. A. Nugent, yor G y Ferg _ on, City rk - I4-11 Date 7 1 1 1 RESOLUTION NO. 2011-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, IN SUPPORT OF RE -NAMING FM 365 FROM SPUR 93 TO PORT NECHES AVENUE AS "BUM PHILLIPS WAY" WHEREAS, Oail Andrew "Bum" Phillips was born September 29, 1923 in Orange, Texas; and WHEREAS, Mr. Phillips played football at Lamar Junior College and later coached high school football in Nederland; and WHEREAS, Mr. Phillips served his country in the United States Marine Corps shortly after the attack on Pearl Harbor and became one of the elite Marine Raiders; and WHEREAS, Mr. Phillips was named head coach and general manager of the Houston Oilers in 1975 and coached there through 1980 where he became the winningest coach in franchise history; and WHEREAS, the Hughen Center is requesting the Nederland City Council endorse renaming the FM 365 to "Bum Phillips Way" due to Mr. Phillips' commitment and dedication for the children of the Hughen Center; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ' THAT FM 365 from State Spur 93 to Port Neches Avenue be renamed "Bum Phillips Way" PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 14th day of February, 2011. ATTEST: Gay Ferdijson, City C16JR City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: lese Br nickCity Attorney C o ederland, Texas 1 ori � R. A. Nugenfyayor City of Nederland, Texas 041 042 STATE OF TEXAS COUNTY OF JEFFERSON INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICE This Interlocal Agreement for Fire Protection Service is between the City of Nederland, a Texas home rule municipality (the "City") and the Jefferson County Water Control & Improvement District No. 10, a water control and improvement district operating under Chapter 49 and 51, Texas Water Code (the "District"). Recitals A. The District wishes to enter into an agreement with the City on an as needed basis to obtain fire protection services to areas or locations within the District. B. Fire services are provided within the District by the District's Volunteer Fire Department (the "VFD") pursuant to a fire plan created by the Texas Commission on Environmental Quality (formerly the Texas Water Commission) on December 20, 1982 (the "Plan"). 1 C. The District requests that the City provide fire -fighting services to the District in exchange for the agreements and compensation specified herein. D. The District and the City are entering into this Agreement in accordance with the I Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Aereement In consideration of their mutual covenants and the benefits received by each party, the District and the City agree as follows: I. Term The term of this Agreement is three (3) years, beginning on or about August 1, 2011, and ending on July 31, 2014. The parties, upon written agreement, have the option to renew this Agreement for two additional two (2) year periods. I1. Eauipment and Personnel All equipment used by the City in carrying out this Agreement will be owned by or under contract with the City. All personnel acting for the City under this Agreement will be employees and volunteers of the City. III. Scope of Services The City will provide the following services: 1 043 (a) The City will make Fire Fighting and Fire Fighter EMS First Response Services ' ("Services") available within the District's boundaries (the "Service Area") as requested by the District or by the VFD. (b) The City will dispatch appropriate equipment and personnel for fire fighting operations, rescue operations, emergency medical first response, hazardous materials response, and other emergency responses upon notification either by the District or the VFD. The City will dispatch fire fighter medical first response personnel to begin emergency medical care upon notification either by the District or the VFD of a need for services within the Service Area. (c) It is agreed that the City's strategic and tactical guidelines will be used when making responses in the Service Area. The City may unilaterally amend the City's strategic and tactical guidelines at any time. The City will provide a copy of the City's strategic and tactical guidelines and copies of all amendments to the District. (d) The City shall maintain a seven (7) minute or less averaee annual response time to emergencv calls in the Service Area. The response time shall be defined as the elapsed time from the Citv dispatch of the units to the arrival of the first Citv unit at the scene of the emergencv. The calculation of the averaee response time will include onlv calls that result in the first City unit arrivine at the emergency scene under Code 3 (liehts and sirens). (e) The City shall coordinate with the District Manager and the Chief of the VFD in ' relation to fire protection services, fire fighting, medical emergencies, and rescue calls. The District and VFD shall adhere to the incident command protocols used by the City at emergency events. (f) The City fire fighters dispatched for fire fighting operations under this Agreement will respond in their City equipment. (g) With the exception of hazardous materials alarms, the City shall not use any subcontractor to provide Services without prior written approval of the District. The City hazardous materials alarm response service shall provide only stabilization of a life safety threat, not hazardous materials clean up or site restoration. The City's on -scene commander at a hazardous materials alarm may determine that a qualified contractor is required to clean up the hazardous materials. The District shall be solely responsible for paying for any clean- up costs associated with a hazardous materials alarm, and the City shall have no financial responsibility for any such clean-up costs. IV. Consideration In consideration of the services provided under this Agreement, the District shall agree to pay the City in accordance with the following schedule which shall be paid within thirty (30) calendar days of receipt of invoice by the District from the City: ' YEAR ONE Equipment and on duty manpower $275.00 per hour flat rate Overtime call out actual cost of overtime personnel determined by City Fire Chief #692876 Page 2 YEAR TWO ' Equipment and on duty manpower $287.50 per hour flat rate Overtime call out actual cost of overtime personnel determined by City Fire Chief YEAR THREE Equipment and on duty manpower $300.00 per hour flat rate Overtime call out actual cost of overtime personnel determined by City Fire Chief V. Trainin The City will comply with the training and reporting requirements of the Texas Commission on Fire Protection, the Texas Department of Health, the Teicas Commission on Environmental Quality, the United States Occupational Safety and Health Act, and the Environmental Protection Agency for paid firefighters. Copies of written training reports produced by the City for a certifying agency will be available to the District upon request. Any training of City staff as a result of the terms of this Agreement will be paid for by the District. VI. Liabilitv and Insurance ' Section 791.006 (Liability in Fire Protection Contract) of the Texas Government Code relating to Interlocal Cooperation Contracts provides that civil liability remains with the governmental unit that would have been responsible or providing the services in the absence of the contract. Since the District is voluntarily assuming responsibility for providing fire protection services and is seeking to provide fire protection services by contract, the City will not assume any liability for Services provided to the District under this Agreement. The District and the City agree that the act of any person or persons while fighting fires or providing firefighting and emergency medical services, traveling to or from the emergency scene, or in any manner furnishing Services under this Agreement in the Service Area shall be considered as the act of the District, even if the person or persons may be an employee or volunteer of the City. All liability to third parties shall be the responsibility of the District, except to the limit of a claim by an employee of the City that is covered by workers compensation. Throughout the term of this Agreement, the District shall provide and maintain: (a) Commercial General Liability Insurance with a minimum bodily injury and property damage of $1,000,000 per occurrence, including contractual liability coverage. (b) Business Automobile Liability Insurance on all owned, non -owned or hired vehicular I equipment of at least $1,000,000 combined single limit (CSL) per occurrence for bodily injury and property damage. #692876 Page 3 045 The policies shall include endorsements in favor of the City for waiver of subrogation, thirty ' (30) days notice of cancellation and the City as an additional insured. The District shall provide the City a certificate of coverage issued by the insurer(s). The District shall not permit cause any insurance to be cancelled nor permit any insurance to lapse during the term of this Agreement. VII. Immunitv or Defense It is expressly understood that the District and the City do not waive, and shall not be deemed to waive, any immunity or defense that would otherwise be available to them against claims arising in the exercise of their governmental powers and functions. Nothing in this Agreement, including but not limited to Paragraph V, shall be construed to create a right or a ground of recovery for any third party. VIII. Records and Reports The City shall make and keep records for each incident response made under this Agreement, and the following information for a specific incident response will be provided to an authorized representative of the District upon request: the time of (1) the receipt of the notification of the emergency, (2) the dispatch of the call, and (3) the arrival of the responding units at the emergency scene. The City shall provide an annual incident response report to the District. Upon request, a representative of the City will attend public meetings of the District Board to present information on ' any emergency call within the Service Area. The parties agree that information that is confidential by law, including patient information, will not be presented. With respect to responses made by the City within the Service Area, the City shall prepare and submit all reports required by law, including reports required by the State Fire Marshal, and the Texas Department of Health. The parties will meet upon the request of either party to discuss the services provided under this Agreement. IX. Termination A. Termination Without Cause For the period beginning on or about August 1, 2011, through July 31, 2014, either party may terminate this Agreement at any time, without cause, by giving not less than thirty (30) days written notice. B. Termination With Cause If either party breaches an obligation under this Agreement, the other party may terminate the Agreement by sending written notice of termination, to be effective thirty (30) days after the date of the notice, unless the breach is cured to the non -breaching party's reasonable satisfaction within the thirty (30) day period. The parties may agree in writing to extend the period permitted for cure of the breach. C. Termination Due to Fire Rate ' Should the fire insurance rate of either City or District be jeopardized in any manner as a result of City responding to calls outside the City, then either City or District shall have the right to 11692876 Page 4 046 terminate this Agreement upon immediate notice through a written notification to the other parties to this Agreement. I D. Pavment if Terminated Prior to Expiration If this Agreement is terminated for any reason prior to its expiration, the District shall pay the City for services rendered through the termination date, and such pro -rated payment shall be submitted to the City no later than thirty (30) days following the effective date of termination. The City shall retain all monies paid for services rendered through the termination date. X. Third Partv Beneficiaries This Agreement shall inure benefit the City, the District and the VFD, and third parties not in privity hereto shall not, in any form or manner, be pursued as third party beneficiaries of this Agreement. Each party to this Agreement shall be solely responsible for the fulfillment of its own obligations or commitments specified in this Agreement. XI. Relationship of Parties' This Agreement will not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the City and District. XII. Force Maieure ' If, by reason of force majeure as hereinafter defined, any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement, then such party shall give notice of the particulars of such force majeure to the other party within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such force majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "force majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within the control of the party claiming such inability. XIII. Financial Review City and District agree that until three (3) months after the termination of this Agreement, District shall have access and the right to examine any directly pertinent City records, papers, documents involving the providing of services as specified in this Agreement. City agrees the District shall have access during normal working hours to all necessary facilities for the performance of any financial review of the payments or financial obligations undertaken by the District to the City ' which shall include the right for District's personnel or auditors to review said records in order to conform annual or other compliance audits that may be necessary for the District or the VFD. a69zs76 Page 5 District shall always give not less than thirty (30) days prior written notice of intent to undertake such ' financial review. XIV. Entire Agreement All oral and written agreements between the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement are contained in this Agreement. The parties acknowledge that this Agreement can only be amended in a writing executed by an authorized representative of each party. XV. Severabilitv If any provision of this Agreement is held invalid by a court of competent jurisdiction, that holding (l) shall not invalidate the remainder of this Agreement, (2) shall be limited to the specific parts of this Agreement described in that holding, and (3) shall not affect the validity of this Agreement in any other way or in any other instance. XVI. Governing Law This Agreement shall be governed by all applicable federal, state, and municipal laws including the provisions of the Texas Constitution, Art. 11, Sec. 5, and both parties agree to comply with all applicable laws in performing obligations under this Agreement. Where there is conflict between regulations or policies of the District and the City, the City's regulations or policies shall I prevail. Venue for any dispute arising under this Agreement shall be in Jefferson County, Texas. XVII. Availabilitv of Funding 1 The City acknowledges that the District's payments under this Agreement are derived from tax revenues that are annually assessed and collected by the District under the Plan. The District has together with VFD accumulated funds to cover the initiation of this Agreement and shall in the annual budget process appropriate funds to pay for the anticipated services that will be rendered by the City during each fiscal year; however, failure to appropriate sufficient funds to fully compensate for services provided by the City to the District shall not be deemed a default, but the District agrees to notify the City within a reasonable time if its Board of Directors has not appropriated sufficient funds to pay for a renewal extension of the Agreement and allow it sufficient time to make budgetary amendments. If at any time the City in its review of the annual budget of the District does not believe that the District is appropriating sufficient funds to pay for a renewal term of this Agreement, then the City may request for the District to consider budget amendments or shall have the right to terminate this Agreement on the last day for which funds were duly appropriated by the District for this Agreement. The District and VFD further agree that this Agreement imposes no financial obligations upon the City. 0692976 Page 6 041 XVI. Notices All written notices and/or payments required to be submitted to either party shall be sent to the addresses set forth below: The Citv: The District: City of Nederland Jefferson County WCID No. 10 Attn: Chris Duque Attn: Thomas McDonald P. O. Box 967 3707 Central Boulevard Nederland, Texas 77627 Nederland, Texas 77627 Copy to: Cony to: Jesse Branick Guy N. Goodson Branick Law Firm Germer Gertz, LLP 221 S 69 S. Ste. 100 P.O. Box 4915 Nederland Texas 77627 Beaumont, Texas 77704 City Of Nederland Jefferson County Water Control & Improvement District No. 10 By Its Its Date ;'! ; 1 ll Date 1 i 0692876 Page 7 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING February 28, 2011 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 Tem Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz a. Minutes - February 14, 2011 regular meeting. b. Tax Assessor Collection Report - January 2011 C. Consider action approving payment in the amount of $514.00 to Carroll & Blackman, Inc. for Phase II MS4 Permit Inspection Services. 4. REGULAR AGENDA a. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem to acknowledge submission and receipt of the Racial Profiling Report as required by Article 2.132(b)(7) of the Texas Code of Criminal Procedure. Police Chief Darrell Bush made a presentation regarding the Racial Profiling Report. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None ' Absent: Councilmember Ortiz 050 Minutes Continued, February 28, 2011 b. Grants 1 L A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers authorizing the submission of grant applications to the Foundation of Southeast Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz. ii. A motion was made by Mayor Pro Tem and seconded by Councilmember Rogers approving the submission of a grant application to the Praxair Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers approving the submission of a grant application to Entergy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers- Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz. c. Bids ' L A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese authorizing a bid on City properties on Avenue G and 1404 South 16th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz. ii. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese awarding a bid to ACT Pipe for "Water Inventory Items." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers Noes: None. Absent: Councilmember Ortiz d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese appointing the City's "Life and Health Insurance Counselor" to Wells Fargo Insurance Services for the purpose of managing the competitive bid process for employee group benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Absent: Councilmember Ortiz. e. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese setting a Joint Public Hearing for March 28, 2011 at 4:30 p.m. for the I purpose of receiving comments regarding the issuance of a Specific Use Permit for the property located at 2404 Nederland Avenue, described as Lot 1, Block 3, Hilltop 2nd Addition. MOTION CARRIED. Ayers: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Absent: Councilmember Ortiz. ' Minutes Continued, February 28, 2011 S. COMMUNICATION City Manager's Report: a. Trash Bash - The second annual Trash Bash is scheduled for April 9, 2011. 6. ADJOURN There being no further business a motion was made by Councilmember Rogers and seconded by Mayor Pro tem to adjourn the meeting at 5:04 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Ortiz. 1 ATTEST: �ha - )4�A, G�Fy`F&gqson,' City C164 City of Nederland, Texas 1 1 R. A. Nugent, or City of Nederla d, Texas 051 05? NAME R. A. Nugent Jeff Ortiz Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward I Council Member -Ward II Council Member -Ward III Council Member - Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary A/9 'a/y R. A. Nugent, yor q141 JaM - wL Ga erguso City Clerk x'991 i I Date PRESENT ABSENT V V V V V V V V V V V 1 1 1 1 3. SHANE HOWARD TAXASSESSOR-COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON 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 S2,223,131.00, represents all taxes collected for CITY OF NEDERLAND during the month of January 2011 J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 053 054 Nederland Police Department Senate Bill 1074 Report to Nederland City Council February 10, 2011 The following report summarizes the activity of the Nederland Police Department as it relates to the ' requirements of Senate Bill 1074. Beginning January 1, 2007, the Nederland Police Department began collecting data concerning traffic tickets and arrests due to both traffic and pedestrian stops. This report fulfills the statutory requirement of the Nederland Police Department to report contacts and racial/ethnic percentage breakdowns to the Nederland City Council by March 1, 2011. I (Tier 1 Data) CUSTODY SEARCH ARREST PC FOR N % Table 1. General Demoqraphics of Contacts and Searches 86.36% RACE/ TICKETS 4 SEARCHES 4 CONSENSUAL ETHNICITY` 4.54% 2 4.44% 0 SEARCHES 0 0% N % N % N % Caucasian 1548 87.65% 39 86.66% 1 100% AfricanI 141 7.98% 4 8.89% 0 0% American 0% 0% RACE/ JEFFERSON CO. TICKETS CONSENSUAL (Hispanic I 43 2.44% 2 4.45% 0 0% Asian I 24 1.36% 0 0% 0 0% (Native 0 I 0% 0 0% 0 0%° American 2.44% 0% 4.54% 4.44% Asian 2.8% Other 10 .57% 0 0% 0 0% Total 1766 1100% 45 100% 1 100% PC FOR CUSTODY SEARCH ARREST PC FOR N % N % 38 86.36% 39 86.66% 4 9.09% 4 8.88% 2 4.54% 2 4.44% 0 0% 0 0% 0 0% 0 0% 0 0% 0 0% 44 100% 45 1100% J 'Race/Ethnicity are defined by SB 1074 as being of a "particular descent, including Caucasian, African American, Hispanic, Asian or Native American." , The percentages in this report will be represented in the total tickets and custody arrests due to traffic and pedestrian stops as they relate to the racial/ethnic make-up of both Nederland and Jefferson County. Our belief is the motoring public that occupies the streets of Nederland is more representative of our County demographics, rather than the race/ethnic make-up of the Nederland City population. Several factors contribute to this situation. Our City is bisected by two major highway systems and bordered by another highway. This alone brings many people into our City from other areas. Nederland is also a significant employer and often those employees drive into and through our City. We feel the racial/ethnic make-up of Jefferson County will more accurately reflect the motorists that our officers encounter on traffic related stops. RACE/ NEDERLAND TICKETS CONSENSUAL PC FOR CUSTODY ETHNICITY DEMOGRAPHICS SEARCHES SEARCH ARREST Caucasian 81.2% 87.65% 100% 86.36% 86.66% J African American 3.9% 7.98% 0% 9.09% 8.88% J Hispanic 10.7% 2.44% 0% 4.54% 4.44% J Asian 2.8% 1.36% 0% 0% 0% Native American 0.3% 0% 0% 0% 0% J Other 0.2% 57% 0% 0% 0% RACE/ JEFFERSON CO. TICKETS CONSENSUAL PC FOR CUSTODY ETHNICITY DEMOGRAPHICS SEARCHES SEARCH ARREST 1 Caucasian 46.6% I 87.65% 1000% 86.36% 86.66% J African American 34.7% 7.98% 0% 9.09% 8.88% J Hispanic 15.2% 2.44% 0% 4.54% 4.44% Asian 2.8% 1.36% 0% 0% 0% f Native American .50/ 00/0 0% 0% 0% J Other J .1 % .570% _ 0% 0% 0% I 055 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING March 14, 2011 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 Tem Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. a. Minutes - February 28, 2011 regular meeting. b. Reports - February 2011 Departmental Reports C. Consider action regarding a request from First Baptist Church to utilize Doornbos Park for their annual community -wide Easter Egg Hunt. d. Consider action authorizing the closure of various City streets for the Spindletop Streetrods & Hotrods Association Car Show. e. Payments: • February 2011 monthly bills • Walker Partners - $8,360.48, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $2,480.00, Wastewater Discharge Permit • Schaumburg & Polk, Inc. - $1,499.00, 2009 Sewer Rehabilitation project • Schaumburg & Polk, Inc. - $17,332.00, 2011 Flexible Pavement project • Carroll & Blackman, Inc. - $889.33, Phase II MS4 Permit Implementation Services ' 4. REGULAR AGENDA a. Presentation by the Nederland Little League Challenge Division. 056 Minutes Continued, March 14, 2011 A presentation was made by coaches and players of the Nederland Little League Challenge Division thanking the City of Nederland for their support for the league ' for the past 3 years and inviting City Council members to opening ceremonies on March 19, 2011. Players presented city leaders with their 2011 season t -shirts. b. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese appointing Billy Wayne Doornbos to fill an unexpired term on the Firefighters' Civil Service Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Councilmember Ortiz and seconded by Mayor Pro Tem Albanese setting a public hearing to receive comments regarding the Juvenile Curfew Ordinance. The Public Hearing was set for March 28, 2011 at 4:30 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal approving the first reading of Resolution No. 2011-04, ratifying the action of the Nederland Economic Development Corporation related to incentive offered to Mollie's Home Decor & Fine Gifts. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember ' Ortiz approving Resolution No. 20111-05, authorizing the submission of a Rebate Grant application to the Texas Emissions Reduction Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. f. A motion was made by Councilmember Ortiz, and seconded by Councilmember Rogers approving a request by Brian English to utilize the Nederland Recreation Center gym and to waive rental fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz authorizing the purchase of a vehicle through HGAC, Buy Board, or state - approved contract for the Nederland Police Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:05 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, discuss personnel - City Manager. I Minutes Continued, March 14, 2011 6. RECONVENE The regular meeting was reconvened at 5:55 p.m. 7. COMMUNICATION City Manager's Report: a. Construction Project Update - Mr. Hamilton gave an update to the construction projects. He stated that the contract was signed for the 2011 Flexible Pavement project and a pre -construction conference is being scheduled. The 2010 Concrete Street Rehabilitation Project is at completion. There was damage which was being repaired but the city is happy with the work that has been done. The 2009 Sewer Project is proceeding. There was a conflict at Twin City and Avenue H with an existing building. The sewer will have to be rerouted not replaced in place. We will need to acquire an easement for the rerouted line. 8. ADJOURN There being no further business a motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to adjourn the meeting at 5:58 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 91 R. A. Nugent, yor City of Nederl4 d, Texas ATTEST: 04 Gay Fergusin, City CleA City of Nederland, Texas 057 NAME R. A. Nugent Jeff Ortiz Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood R. A. ug nt, ✓ por G y`1=ergu n,` ity I� c Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member — Ward I Council Member — Ward II Council Member —Ward III Council Member — Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary PRESENT ABSENT V V 1 1 1 1 RESOLUTION NO. 2011-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUMISSION OF A REBATE GRANT APPLICATION TO THE TEXAS EMMISSIONS REDUCTION PROGRAM (TERP), A PROGRAM OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TERP REBATE GRANT PROGRAM. WHEREAS, the Texas Commission on Environmental Quality administers the Texas Emissions Reduction Plan Program (TERP) to eligible counties for funding of new and upgraded equipment which pollutes less thus improving the air quality in Texas; and WHEREAS, Jefferson County is an eligible county for TERP funding; and WHEREAS, TERP grants are available to individuals, businesses, nonprofits, school district, and government agencies that own and operate heavy-duty vehicles or equipment in the eligible counties; and WHEREAS, the City of Nederland is eligible to submit a grant rebate application in the amount of $41,195.00 to be used toward the purchase of an E3 with RunWise® Advanced Series Hydraulic Hybrid Drive garbage truck; and WHEREAS, the application period begins on March 31, 2011 and runs through July 31, 2011 on a first-come, first-served basis; ' NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council of the City of Nederland authorizes the submission of the TERP Rebate Grant Program application to the Texas Commission on Environmental Quality; and THAT the City Council of the City of Nederland designates the City Manager as the City's Chief Executive Officer and Authorized Representative to' act in all matters in relation to the application and the City's participation in the TERP Grant Program. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 14th day of March, 2011. Rku n ayor City of Nede and, Texas ATTEST: Gay Ferg son, Citi-Chbrk City of Nederland, Texas ' APPROVED AS TO FORM AND LEGALITY: Jes Br ck, City Attorney Cit of ederland, Texas 059 1 1 061 IREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING March 28, 2011 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 Tem Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. a. Minutes — March 14, 2011 regular meeting. b. Tax Assessor Collection Report - February 2011 C. Consider action approving Resolution No. 2011-04, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Mollie's Home Decor & Fine Gifts. d. Consider action approving an agreement with Tower Medical Center for employee alcohol and drug testing services. e. Payments: • Carroll & Blackman, Inc. - $72.00, Phase II MS4 Permit Implementation Services APAC - $81,732.73, 2010 Concrete Street Rehabilitation project • Allco, Inc. -$101,970.20 — 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. The regular meeting was recessed at 4:34 p.m. for the purpose of conducting a ' Public Hearing between the City Council and the Planning and Zoning Commission. A Joint Public Hearing was called to order at 4:34 p.m. by Mayor Nugent for the purpose of receiving comments regarding the issuance of a specific Use Permit Minutes continued, March 28, 2011 ' located at 2404 Nederland Avenue, described as Lot 1, Block 3, Hilltop 2nd Addition for the purpose of opening an automobile repair shop in a Neighborhood Retail Zoning District. George Wheeler, Building Official, reported that the applicant for the Specific Use Permit is Brenda Choate and the owner of the property is William Griggs. The requested use is for a repair and/or replacement of automobile air conditioning, brakes, and to balance and repair tires and wheels. The Zoning Ordinance requires that the applicant and property owner agree to the conditions the city and Planning & Zoning Commission set and to fully comply with Section 14.4 of the City of Nederland Zoning Ordinance. These conditions will have to be complied with by current owners and future owners whom use the property as an automobile repair shop. Any violations of the agreement shall render the permit null and void. Mr. Rogers recommended adding "or parts thereof' be added to the condition that no vehicle shall be displayed for sale at this location. The Planning and Zoning Commission will have their meeting on April 5, 2011 at 5:00 p.m. They will then make a recommendation which will be brought back before City Council on the April 11, 2011 meeting. Mr. Choate and Mr. Griggs stated that they do not have any problems with the ' conditions of the permit. The City Attorney asked if there would be tire recycling at this location. Applicant stated that there would not be any tire recycling. The City Attorney suggested that this be added to the conditions. There being no questions and/or comments the Joint Public Hearing was adjourned at 4:41 p.m. by Mayor Nugent. b. A motion was made by Councilmember Neal and seconded by Councilmember Ortiz postponing the issuance of a Specific Use Permit for the property located at 2404 Nederland Avenue, described as Lot 1, Block 3, Hilltop 2nd Addition until April 11, 2011 meeting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. c. The regular meeting was recessed and a Public Hearing was called to order at 4:44 p.m. for the purpose of receiving questions and/or comments on proposed Ordinance No. 2011-02, Juvenile Curfew. Police Chief Darrell Bush reported the violations for the last three (3) years: Day Night Total 2008 5 47 52 2009 6 58 ' 64 2010 10 25 35 Minutes continued, March 28, 2011 ' There being no questions and/or comments the public Hearing was adjourned and the regular meeting was reconvened at 4:45 p.m. by Mayor Nugent. d. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal approving Ordinance No. 2011-02, Juvenile Curfew. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Rogers approving Resolution No. 2011-06 in support of designating Nederland Avenue as "Bum Phillips Way." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Mr. Randy Sonnier, for The Hughen Center, addressed Council and said that this was Plan B after the first plan was not successful in obtaining approval from the City of Port Arthur. He said that this would be a good way of honoring Mr. Phillips for the years he spent coaching in Nederland and Port Neches and for the support he gives the Hughen Center. Chris Duque, City Manager, clarified that addresses along Nederland Avenue would not be changed. Mayor Nugent and Councilmember Neal voiced that Mr. Phillips needed to be ' honored for his work in our community. f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers approving a pipeline easement with TransCanada Keystone Pipeline, LP. subject to final legal review and approval. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. g. Requests i. A motion was made by Councilmember Rogers, and seconded by Mayor Pro Tem Albanese approving a request from Jefferson County and Williamson Construction regarding the South Central Gardens Drainage Improvement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Ortiz approving a request from C.O. Wilson and Central Middle Schools to utilize the Doornbos Pool for their annual Fun in the Sun swim party. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' iii. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a Basketball Tournament and waive rental fees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None Minutes continued, March 28, 2011 iv. A motion was made by Mayor Pro Tem Albanese and seconded by ' Councilmember Rogers approving a request from Ann Jewett to utilize the Nederland Recreation Center gymnasium/classroom for Zumba Fitness Classes. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None h. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal authorizing the solicitation of bids for Employee Group Benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. L A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese approving Ordinance No. 2011-03, amending FY 2010-2011 budget." MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. j. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz accepting the Fiscal Year 2009-2010 audit as prepared by J.R. Edwards & Associates, LLP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ' James Edwards, Partner,of J.R. Edwards & Associated, LLP reviewed the FY 2009- 2010 audit. He started by thanking Cheryl Dowden, Chris Duque, and staff for assisting in performing the audit. He reported that there were no deficiencies and brought to Council's attention the Certificate of Achievement for Excellence in Financial Report which is given to those with the highest possible standards in government accounting. Chris Duque, City Manager, thanked the auditors, Cheryl Dowden and her staff, and the department heads for all their hard work. S. EXECUTIVE SESSION The regular meeting was recessed at 5:15 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. RECONVENE The regular meeting was reconvened at 5:43 p.m. A motion was made by Counciimember Ortiz and seconded by Councilmember I Rogers to authorize the City Attorney to file a lawsuit in the event that Airport Inn �•. X65 ' Minutes continued, March 28, 2011 doesn't finalize payment of taxes due and owing under the hotel/motel occupancy tax code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers Noes: None 7. COMMUNICATION City Manager's Report: a. Trash Bash - Saturday, April 9, 2011 Registration closed for the Trash Bash with over 200 participants. Organizations who worked last year such as First Baptist Church, Rotary Club, and Boy Scouts and others are working again this year. The organizational meeting will be held Thursday, April 7, 2011 at 6:00 p.m. at the Recreation Center. S. ADJOURN There being no further business a motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to adjourn the meeting at 5:50 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 1 ATTEST: Gay Fer son, Qit'erl City of Nederland, Texas 1 R. A. Nug nt, yor City of Nederl d, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Jeff Ortiz Council Member- Ward I V Billy Neal Council Member - Ward II V Don Albanese Council Member - Ward III V Bert Rogers Council Member - Ward IV Chris Duque City Manager V V Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance V V Darrell Bush Police Chief Gary Collins Fire'Chief Steve Hamilton Director of Public Works V George Wheeler Building Official Victoria Klehn Librarian Emily Melancon Human Resources Director ✓ Joni Underwood Executive Secretary R. A. Nugent, 4or G ergu City Clerk `M1 C4�� , q I Date ABSENT n 1 1 J. SHANE HOWARD TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON 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 $654,397.21, represents all taxes collected for CITY OF NEDERLAND during the month of February 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 osTs7 Ms 1 RESOLUTION 2011-04 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (l%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to project costs associated with Mollie's Home Decor & Fine Gifts, in an aggregate maximum amount of not more than Fifteen Thousand dollars ($15,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 14`� day of March . 2011 at which meeting a quorum was present and voting. R. A. NugeMayor City of Nederland, Texas ATTEST: 1A I ay Fer on, City Clew City of Ne erland, Texas APPROVED AS TO FORM AND LEGALITY: i ' Je a Br k, City Attorney Ity of ederland, Texas ' PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this qday of 14Q CA 2011 at which meeting a quorum was present and voting. ATTEST: ILA Gay FergusrJ' n,Ci�ty`C�le`rKt City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: se B ick, City Attorney ity Nederland Texas 1 1 R. A. ugent, or City ofNederlaid, Texas 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 30 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 I testing performed or duties imposed under this Agreement. 1 1 1 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. Venue for any claims, demands or disputes will be brought in Jefferson County. SECTION EIGHT EFFECTIVE DATE: TERM This Agreement shall take effect on the 1 st day of April, 2011 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 —�Igt4\day of t QQ, Cj� 201 . 1 ATTEST: bay Fergaon, City C16& TOWER MEDICAL CENTER OF NEDERLAND By: r o I Its: 1` CITY OF NEDERLAND, TEXAS By: ) Its: 1 a( (i 07` ORDINANCE NO. 2011-02 ' AN ORDINANCE AMENDING CHAPTER 74, DIVISION 2, OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND, TEXAS, BY REPEALING SEC. 74-36 AND SEC. 74-37, BY ADDING NEW SECTIONS 74-36 THROUGH 74-41 TO PROVIDE CURFEW HOURS FOR MINORS AND TO REQUIRE COMPULSORY SCHOOL AGE MINORS TO BE IN SCHOOL (WITH EXCEPTIONS) AND TO IMPOSE PARENTAL DUTIES; PROVIDING FOR OFFENSES AND DEFENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00.; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on March 28, 2011 to receive public input as to 1) the effect of this Ordinance on the City and any problems the Ordinance is intended to remedy; 2) the need, if any, to repeal the existing Ordinance No. 2008-03, as amended on April 14, 2008, establishing curfew hours for minors; 3) the need, if any, to enact this Ordinance establishing curfew hours for minors in order to satisfy constitutional requirements. I WHEREAS, the City Council finds that it has a compelling interest in protecting juveniles, reducing crime, and involving parents in the control of their minor children. WHEREAS, the City Council finds that curfew hours for minors would materially assist in achieving the purposes of this Ordinance, to wit: (A) To promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; (B)To promote the safety and well-being of the City's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; (C)To promote the compulsory attendance in school by school age minors; and (D)To foster and strengthen parental responsibilities for minors. 1 073 WHEREAS, based upon testimony provided at the public hearing, including statistical evidence supporting the position that previous juvenile curfew ordinances have reduced crime and that this Ordinance will do likewise, the City Council deems it in the public interest of the City to repeal the juvenile curfew Ordinance as delineated in Sec. 74-36 and Sec. 74-37 of the Code of Ordinances of the City of Nederland and to adopt curfew hours for minors and provisions related thereto, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by repealing the existing Sec. 74-36 (Hours Established) and Sec. 74-37 (Parental Responsibility). Section 2. That Article II (Minors) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 74-36, Sec. 74-37, Sec. 74-38, Sec. 74-39, Sec. 74-40, Sec. 74-41, and Sec. 74-42 to read as follows: ' SEC. 74-36. - DEFINITIONS. The following words, terms and phrases,, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly establishes a different meaning. City means the city limits of the City of Nederland, Texas. 2 Curfew hours for minors means: Sunday 11:00 p.m. to 5:00 a.m. Monday 11:00 p.m. to 5:00 a.m. Tuesday 11:00p.m. to 5:00 a.m. Wednesday 11:00p.m. to 5:00 a.m. Thursday 11:00 p.m. to 5:00 a.m. Friday 12:00 a.m. to 5:00 a.m.; or Saturday 12:00 a.m, to 5:00 a.m. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Minor means any person under seventeen (17) years of age. Parent means a person who is: (a) A natural parent, adoptive parent, or step-parent of another person; or (b) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. Guardian means a person who: (a) Under court order, is the guardian of the person of a minor; or 2 074 (b) Is a public or private agency with whom a minor has been placed by a court. Public place means any place to which the public or a substantial group of the I public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Establishment means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain means to: (a) Linger or stay; or (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of he function of any bodily member or organ. Intentionally, knowingly, recklessly, or with criminal negligence has the meanings) provided in the Texas Penal Code. SEC. 74-37. OFFENSES. (a) A minor who has reached the age of ten (10) years commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence remains in ' or upon any public place, or remains in any motor vehicle operating or parked therein or thereon, or remains on the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she intentionally, knowingly, recklessly, or with criminal negligence permits, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain on the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of an establishment commits an offense if he or she intentionally, knowingly recklessly, or with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours for minors. SEC. 74-38. DEFENSES. (a) It is a defense to prosecution under Sec. 74-37. that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, without any detour or stop; and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone of the parent/guardian authorizing the errand, the telephone number where the parent/guardian may be reached during the errand, the name of the minor, a brief description of the errand, the minor's destination(s) and the time period the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; I (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; 0?5 (6) Engaged in, participating in or traveling to or from any event, function or activity for which application of Sec. 74-37. would contravene his rights protected by the Texas or United States Constitutions; ' (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the city, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right to assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under subsection 74-37(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours for minors and refused to leave. SEC. 74-39. SCHOOL AGE MINORS TO BE IN SCHOOL. (a) Compulsory school age minor to be in attendance at school; parental duties ' imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any public place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day when school is in session. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from acting contrary to Sec. 74-39(a)(1). (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16) inclusive, is suspended or expelled from school, then each parent or guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (c) No minor between the ages of ten (10) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school under (a) (1) above had he or she not been suspended or expelled. (d) Any minor who has reached the age of ten (10) years or parent or guardian of ' a minor who intentionally, knowingly, recklessly or with criminal negligence. violates any provision of Sec. 74-3 commits an offense and, upon conviction, shall be guilty of a misdemeanor, which shall be punishable as provided in Sec. 74-41. 07r) SEC. 74-40. DEFENSES. ' (a) It is a defense to prosecution under Sec. 74-40 (a) and (b) that: (1) The minor is suspended or expelled from school and is accompanied by a parent or guardian or responsible adult selected by a parent or guardian to supervise the minor; (2) The minor has been authorized by virtue of his or her regular school schedule to be off of the school campus at the time the minor is found to be at any place within the City away from the school; (3) The minor has written proof from school authorities excusing him or her from attending school at that particular time; (4) The minor is attending an official school activity off -campus; or (5) The minor is engaged in any event or circumstance provided as a defense in Sec. 74-38 (a) (3) (4) (6) (7) (10) or (11) above. SEC. 74-41. PENALTIES. (a) A person who violates any provision of Sec. 74-37 or Sec. 74-39 commits a Class C misdemeanor offense and, upon conviction, shall be punishable by a fine not to exceed five hundred dollars ($500.00). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or Part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 52.08 of the Texas Family code, as amended, the I municipal court shall waive original jurisdiction over a minor who violates Sec. 74-37 or Sec. 74-39 and shall refer the minor to juvenile court. SECTION 74-42. Enforcement Provisions Notwithstanding the penal effects of this article, the Chief of Police is encouraged to develop alternative enforcement strategies which may include, but need not be limited to, the return of minors to their residences, counseling with minors and their parents or guardians, the issuance of warning citations to minor's or their parents or guardians. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner. Section 3. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 5. That this being an ordinance which imposes a penalty, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of ' Nederland. This ordinance shall take effect immediately after the last date of publication. ,07-2 PASSED AND APPROVED by the City Council of the City of Nederland this the 28th day of March , 2011. ATTEST: ay Ferg son, City CI® k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: f 4of ick, City Attorney ederland, Texas 1�L R. A. Nugent,or City of Nederland, Texas 078 RESOLUTION NO. 2011-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I NEDERLAND, TEXAS, TO CONSIDER A HONORARY DESIGNATION OF NEDERLAND AVENUE FROM STATE HIGHWAY 69 TO N 1sT STREET AS "BUM PHILLIPS WAY" WHEREAS, On February 14, 2011 the City Council of Nederland approved supporting the designation of a portion of FM 365 from Spur 93 to Port Neches Avenue as `Bum Phillips Way'; and WHEREAS, said designation failed due to not receiving support from all jurisdictions; and WHEREAS, Ovail Andrew "Bum" Phillips was born September 29, 1923 in Orange, Texas; and WHEREAS, Mr. Phillips played football at Lamar Junior College and later coached high school football in Nederland, Texas; and WHEREAS, Mr. Phillips served his country in the United States Marine Corps shortly after the attack on Pearl Harbor and become one of the elite Marine Raiders; and WHEREAS, Mr. Phillips was named head coach and general manager of the Houston Oilers in 1975 and coached there through 1980 where he became the winningest coach in franchise history; and WHEREAS, the Hughen Center is requesting City Council to consider a honorary designation of renaming Nederland Avenue from Highway 69 to N. 1s` Street to "Bum Phillips Way"; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ' THE CITY OF NEDERLAND, TEXAS: THAT Resolution No. 2011-03, which established support for renaming FM 365 from Spur 93 to Port Neches Avenue as "Bum Phillips Way" be rescinded. THAT Nederland Avenue from Highway 69 to N. 1st Street be renamed "Bum Phillips Way." PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 28`h day of March, 2011. R. ugent, City of NederlAndyTexas ATTEST: �Gy �Fergn,y Cl�+rk Texas APPROVED AS TO FORM AND LEGALITY: Jess Brani ity Attorney City f Ned rland, Texas 1 11 070 ORDINANCE NO. 2011-03 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 28th DAY OF MARCH, 2011. R. A. Nugent,yor City ofNederl d, Texas ATTEST: bri P4:0116VZj. G y Fergus6A, City Clerlo City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess rani kyCityttomey ' Ci ofN erland, Texas 080 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 DATE: March 28, 2011 DEPARTMENT: Various FUND: General Fund AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4355 State Grant Revenue - 57,576.00 57,576.00 01-0000-4610 Interest Income 40,000.00 (30,000.00) 10,000.00 01-1300-6110 Salaries & Wages 233,500.00 8,000.00 241,500.00 01-1300-6115 Extra Help 1,500.00 1,200.00 2,700.00 01-1300-6124 TMRS 38,759.00 2,441.00 41,200.00 01-1300-6126 Social Security 18,017.00 330.00 18,347.00 01-1300-6220 Miscellaneous Supplies 4,000.00 1,500.00 5,500.00 01-1300-6377 Dues & Memberships 12,000.00 (1,500.00) 10,500.00 01-1300-6393 Contractual Services 25,000.00 (4,000.00) 21,000.00 01-1500-6115 Extra Help 1,000.00 1,000.00 01-1600-6110 Salaries & Wages 106,000.00 (10,000.00) 96,000.00 01-1600-6113 Longevity 200.00 (100.00) 100.00 01-1600-6115 Extra Help - 6,400.00 6,400.00 01-1600-6121 Group Insurance 15,598.00 (1,598.00) 14,000.00 01-1600-6124 TMRS 18.596.00 (1,596.00) 17,000.00 01-1600-6126 Social Security 8,515.00 (515.00) 8,000.00 Net Effect to Fund Balance 481,685.00 1,562.00 483,247.00 JUSTIFICATION Following mid -year budget review, various line -items need to be adjusted. The City was awarded the SECO grant, increasing State Grant Revenue; decreased Interest Income is anticipated. Additional salary and benefits funds are necessary in the City Manager's Department for the new City Clerk, as well as additional election costs in the department. Funds were over -budgeted in the Personnel Department. Extra help covers the new PT janitor. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: 1 1 1 M1 Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST 1 FISCAL, YEAR: 2010-2011 DATE: March 28, 2011 DEPARTMENT: Various FUND: General Fund AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-1601-6314 Medical Services and Pre -Employment 1,000.00 (500.00) 500.00 01-1601-6333 Training & Travel 1,500.00 (500.00) 1,000.00 01-1900-6380 Janitorial Services 6,700.00 (3,600.00) 3,100.00 01-2100-6111 Overtime 175,000.00 5,000.00 180,000.00 01-2100-6380 Janitorial Services 5,865.00 (3,585.00) 2,280.00 01-2100-6400 Special Programs 6,000.00 (5,000,00) 1,000.00 01-2101-6115 Extra Help 20,000.00 (6,000.00) 14,000.00 01-2101-6126 Social Security 1,530.00 (130.00) 1,400.00 ' 01-2101-6236 Foods 700.00 4,300.00 5,000.00 01-2101-6355 Vehicle & Equipment R&M 3,000.00 750.00 3,750.00 01-2200-6111 Overtime 68,000.00 2,000.00 70,000.00 01-2'400-6115 Extra Help 12,002.00 2,000.00 14,002.00 01-2400-6393 Contractual Services 33,000.00 (8,000.00) 25,000.00 01-3000-6380 Janitorial Services 3,597.00 (1,923.00) 1,674.00 TOTAL 337,894.00 (15,188.00) 322,706.00 JUSTIFICATION Janitorial Services funds are available following the termination of the private contract with Serval. Additional funds are needed for Public Safety OVERTIME. Special Program funds (Safety dinner) were budgeted twice in the General Fund; funds were placed in the Personnel Department. Funds are needed in the Prisoner department for the additional costs of feeding the prisoners daily. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 08`' CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 ' DATE: March 28, 2011 DEPARTMENT: Various FUND: General, Street Improvement Page of AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-3100-6240 Signs, Signals & Markers 18,000.00 57,576.00 75,57600 01-3200-6110 Salaries & Wages 82,843.00 1,327.00 84,170.00 01-3200-6124 TMRS 15,724.00 226.00 15,950.00 01-3200-6126 Social Security 7,203.00 97.00 7,300.00 01-5100-6110 Salaries & Wages 124,325.00 (14,325.00) 110,000.00 01-5100-6121 Group Insurance 31,081.00 (2,581.00) 28,500.00 01-5100-6124 TMRS 21,170.00 (2,670.00) 18,500.00 01-5100-6126 Social Security 15,807.00 (807.00) 15,000.00 01-5100-6222 Motor Vehicle Fuel 1,750.00 3,000.00 4,750.00 01-5100-6393 Contractual Services 15,000.00 (3,000.00) ' 12,000.00 01-5500-6212 Books & Publications 21,650.00 1,350.00 23,000.00 01-9000-6406 Contingency 110,270.00 (5,270.00) 105,000.00 01-9000-6411 Preventive Care Reimbursement 6,000.00 (1,000.00) 5,000.00 390000-6730 Street Improvements 500,000.00 270,000.00 770,000.00 TOTAL 970,823.00 303,923.00 1,274,746.00 JUSTIFICATION Signs line -item increase reflects SECO grant expenditures. City Shop salary and benefits line -items are increasing per the upgrade to a City Shop/Solid Waste Foreman position. Personnel funds are available in the Parks Dept.; a second parks laborer position was approved but the use of federal prisoners has addressed this need, freeing up money. the $270.000 Street Improvements increase reflects the $50000 from the Capital Outlay Fund as well as the $220000 from General fund Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: , Page of 083 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING April 11, 2011 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 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 Tem Albanese 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 - March 28, 2011 regular meeting. b. Reports - March 2011 Departmental Reports, C. Payments: • Walker Partners - $10,079.20, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $1,140.00, 2009 Sewer Rehabilitation project • Schaumburg & Polk, Inc. - $2,376.00 - 2011 Flexible Pavement project • Schaumburg & Polk, Inc. - $3,100.00 - Wastewater Discharge Permit • APAC - $39,487.27 - 2010 Concrete Street Rehabilitation project 4. REGULAR AGENDA a. Mayor Nugent presented a Proclamation to Cindy Fertitta, Primary Prevention Specialist/Education Coordinator of Rape and Suicide Crisis of Southeast Texas, Inc., declaring the month of April as "Sexual Assault Awareness and Prevention Month" in Nederland. Ms. Fertitta thanked 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 April as "Sexual Assault Awareness and Prevention Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. OB 41 Minutes continued, April 11, 2011 b. Mayor Nugent presented a Proclamation to Misty Craver, Program Director of , Jefferson County Victims' Assistance Center, declaring the week of April 10-16, 2011 as "National Crime Victims' Rights Week" in Nederland. Ms. Craver thanked Council for their support and invited everyone to the 21St Annual Crime Victims' Candlelight Vigil which will be held on April 14, 2011, 6:00 p.m. in the Jefferson County Jury Impaneling Auditorium. A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to approve a Proclamation declaring the week of April 10-16, 2011 as "National Crime Victims' Rights Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz approving a request from Porta -Pottery to waive fees associated with the utilization of the Nederland Recreation Center to facilitate youth pottery classes during the summer. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Mayor Pro Tem Albanse and seconded by Councilmember Rogers to approve Resolution No. 2011-04, suspending the effective date in connection with the statement of intent filing of Texas Gas Service. MOTION CAIIRED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. ' Noes: None. e. Receive comments from representatives of the Al Price State Juvenile Correctional Facility regarding proposed state budgetary cuts. Ms. Dianna Hughes and Ms. Hilde Atterberry advised Council that the Texas Youth Commission anticipates closing three of its ten secure facilities due to budget cuts. A community meeting is being held for comments regarding the Al Price unit. Mayor Nugent and City Councilmembers agreed to write a letter in support of the Al Price Correctional Facility. f. Receive comments from Jim Newberry regarding his request for sewer service. Mr. Newberry advised Council that he owns a home on Peterson Street, which is outside the city limits, currently on a septic system. He requested that the home be connected to city sewer services. Mayor Nugent and Councilmembers requested additional information from staff in order to make their decision. g. Receive comments from Lisa King -Gay on the subject of her rental of a party I room at the Nederland Recreational Center. Minutes continued, April 11, 2011 ' Lisa King -Gay was not in attendance at the Council Meeting. Chris Duque, City Manager advised Council that Mrs. King -Gay was notified by certified letter that her request to present her claim to the Council was being heard at this meeting. A motion was made by Mayor Pro Tem and seconded by Councilmember Rogers to reject the claim being made by Lisa King -Gay on the subject of her rental of a party room at the Nederland Recreational Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:15 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel - City Manager. ITz[d67Tll4iA The regular meeting was reconvened at 5:41 p.m. ' 7. COMMUNICATION City Manager's Report: a. Trash Bash - Saturday, April 9, 2011. Chris Duque reported that Saturday's Trash Bash was a big success. There were over 250 volunteers who participated in this year's clean up. He thanked Angela Fannett and her staff for the organizing the event and he also thanked staff who participated. b. City offices will be closed on Friday, April 22, 2011 in observance of Good Friday. a. ADJOURN There being no further business a motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to adjourn the meeting at 5:49 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ,G �- R. A. Nugent, yor City of Nederl nd, Texas ' ATTEST: �,� pCl r G y Fergus ,City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor'/ Jeff Ortiz Council Member - Ward IV Billy Neal Council Member -Ward II V Don Albanese Council Member - Ward III Bert Rogers Council Member -Ward IV Chris Duque City Manager v 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 V Emily Melancon Human Resources Director Joni Underwood Executive Secretary R.A. Nugen#,��yor Gay Fergu on, City Cle `� �M� ABSENT V 1 1 1 1 CITY OF NEDERLAND "PROGRAMMED FOR PROGRESS" Nederland, Texas J)rortamation WHEREAS, Sexual Assault Awareness and Prevention Month is intended to draw attention to the fact that sexual violence is widespread and has public health implications for every community member of Nederland, Texas and WHEREAS, Rape, sexual assault, and sexual harassment impact our community as seen by statistics indicating that one in five women will have experienced sexual assault by the time they complete college, and WHEREAS, We must work together to educate our community about what can be done to prevent sexual assault and how to support survivors; and WHEREAS, Staff and volunteers of anti -violence programs in Jefferson County encourage every person to speak out when witnessing acts of violence however small; and ' WHEREAS, With leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in Nederland, Texas through prevention education, increased awareness, and holding perpetrators who commit acts of violence responsible for their actions, and WHEREAS, Rape and Suicide Crisis of SETX strongly supports the efforts of national, state, and local partners, and of every citizen to actively engage in public and private efforts, including conversations about what sexual violence is, how to prevent it, how to help survivors connect with services, and how every segment of our society can work together to better address sexual violence. THEREFORE, I, R.A. Nugent, Mayor of the City of Nederland, join anti -sexual violence advocates and support service programs in the belief that all community members must be part of the solution to end sexual violence. Along with the United States Government and the State of Texas, I do hereby proclaim April 2011 as "Sexual Assault Awareness and Prevention Month" in Texas and urge the appropriate recognition thereof. IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 11"' day of April, 2011. R.A. Nugen , M or U Attest: Gay Fer on, City C rk s1Ri► foe 1 CIN OF NEDERLAND 'PROGRAMMED FOR PROGRESS' Nederland, Texas � rortamatton WHEREAS, 20 million Americans are victims of crime each year and each crime affects many more, including families, friends and communities; WHEREAS, crime exacts an emotional, physical, psychological, and financial toll on victims as they have lost loved ones, life savings, physical and mental health, and often their sense of security that has the potential to irrevocably change the course of their lives forever; WHEREAS, more than 30 years of progress for crime victims stands on the shoulders of dedicated advocates and brave victims who overcame shame, isolation, and indifference to gain a voice, rights, and respect, WHEREAS, we applaud the progress that our nation has made in recognizing crime's impact on victims and celebrate advocates and survivors who through their determination brought rights and resources for victims and have changed the course of history; WHEREAS, victim assistance programs across the country are reaching more victims and , criminal justice officials are honoring victims' rights more consistently, public understanding of victims' rights remains minimal, and our nation's victim services system remains fragmented, underfunded, and uncoordinated, WHEREAS, more work remains to be done to address the mental health impact of crime, and to meet the needs of victims of non-violent crime, victims of terrorism, and other underserved victims; WHEREAS, our history teaches us that, by working together, we can help victims of crime reshape their destinies and ensure that they receive the support they need, the respect they deserve and the rights they have earned, WHEREAS, National Crime Victims' Rights Week, April 10-16, 2011, provides an opportunity for us to reshape the future for victims by honoring the past and reflecting on hard-won victories, and to recommit to working together to insist on better treatment for victims to help them overcome the hurt caused by crime; and WHEREAS, Jefferson County Coalition for Victims of Crime is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout Jefferson County and America to raise awareness of victims' rights and observe National Crime Victims' Rights Week, NOW, THEREFORE, I, R.A. Nugent, Mayor of the City of Nederland, Texas, do hereby proclaim the week of April 10-16, 2011 as "Crime Victims' Rights Week" And reaffirm Nederland's commitment to respect and enforce victims' rights and address their needs during Crime Victims' Rights Week and throughout the year, and ' Express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivating force to improve our response to victims of crime and build a more just community. Iw!f) IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 111" day of April, 2011. Roz .�- R.A Nugent, M or Attest: Gay Fergie�.Ci� cl". y `J p u Abu ORDINANCE NO. 2011-04 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS ' ("CITY") SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE STATEMENT OF INTENT FILING OF TEXAS GAS SERVICE COMPANY ON MARCH 31, 2011; 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, Texas Gas Service Company, ("TGS") filed a Statement of Intent with the City of Nederland, Texas ("City") to modify the Cost of Service Adjustment Clause and increase its rates in the South Jefferson County Service Area by more than $350 thousand;and WHEREAS, Cities have a duty to set fair and reasonable rates for both the Company and the ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; WHEREAS, the City has joined with other local regulatory authorities to hire' representatives to review the statement of intent and any accompanying rate filing package;and WHEREAS, it is not possible for the City to complete its review of TGS' filing of March 31, 2011, within 35 days; and WHEREAS, the City will need more time to properly review and evaluate the TGS request and analyze Company provided information before making a final decision as a local regulatory authority with regard to TGS's statement of intent filing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the findings set out in preamble are in all things hereby approved. Section 2. The effective date for TGS' statement of intent filing of March 31, 2011, is May 5, 2011, and is hereby suspended for ninety days or at feast until August 3, 2011. Section 3. The suspension of the effective date is necessary in order to fulfill the City's duty to ensure that the proposed modification to the cost of service adjustment tariff and the related rates to be set are fair and reasonable rates for both the Company 1 and ratepayers within the City. Section 4. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 11th day of April , 2011. ATTEST: Gay F uson, CiWClerk ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 4ofAv ' -yr-k, City Attorney rland, Texas 1 O�LC^ R. A. Nugent ayor City of Neder and, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 4:30 p.m. April 25, 2011 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Pro Tem Don Albanese 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 Councilmember ' Ortiz to approve the Consent Agenda Items 3 a -d and f -g and placing item a on the Regular Agenda. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. a. Minutes - April 11, 2011 regular meeting b. Tax Assessor Collection Report - March 2011 C. Consider approving Resolution No. 2011-07, authorizing the Fire Chief to sign application for regular license plates to be used on Nederland Fire Department vehicles utilized by peace officers during investigative and surveillance work. d. Consider action approving Standard Operating Procedure #SOP 70-02 (Travel and Subsistence Policy). e. Consider action approving an Interlocal Agreement with Jefferson County, Precinct 2 for street repair and maintenance. f. Consider action approving an Amendment to Ordinance No. 164, setting the calendar for regular City Council meetings to be held from May 2011 - April 2012. g. Payments: • Allco, Inc. - $136,980.08, 2009 Sewer Rehabilitation Project • Carroll & Blackman, Inc. - $1,598.00, Phase II MS4 Permit Implementation project • Walker Partners - $12,523.00, 2010 Water Systems Improvements , project • Schaumburg & Polk,_ Inc. - $1,012.50, 2009 Sewer Rehabilitation project • Schaumburg & Polk, Inc. - $1,041.50, 2011 Flexible Pavement Rehabilitation Minutes Continued, April 25, 2011 ' 4. REGULAR AGENDA a. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz approving an Interlocal Agreement with Jefferson County, Precinct 2 for street repair and maintenance. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. b. Mayor Pro Tem Albanese presented a Proclamation to Red Knights Texas Chapter 1, declaring the month of May as "Motorcycle Safety and Awareness Month." Ms. Amber Waybright accepted on behalf of the members of the Chapter and thanked Council for their continued support. She stated that the first line of defense for motorcycles is education. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approve a Proclamation declaring the month of May as "Motorcycle Safety and Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. ' c. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz approving Ordinance No. 2011-05, amending Chapter 74, Offenses and Miscellaneous Provisions, of the Code of Ordinances by adding Article V, Section 75, as it pertains to certain substances, such as K-2 synthethic marijuana, "bath salts," etc. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. d. A motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to approving a request from Keith Barrow to waive fees associated with utilization of the Doornbos Park soccer field for a "6 A -Side Soccer" league. MOTION CARRED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. e. A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz approving final payment and release of retainage to APAC for the 2010 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. 1. Receive comments from Jim Newberry and take possible action regarding his ' request for City sewer service at 1824 Peterson. Minutes Continued, April 25, 2011 A motion was made by Councilmember Rogers and seconded by Councilmember Ortiz to deny the request by Jim Newberry to connect to City sewer service at 1824 Peterson. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmember Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. COMMUNICATION City Manager's Report: a. Drought Contingency Plan - Chris Duque advised that the City has begun efforts to conserve water. Notices are going out with the water bills asking customers to conserve water. LNVA is providing updates and the next one is due the first week of May. The City will proceed with the drought contingency plan based on reports from LNVA. 6. ADJOURN 1 There being no further business a motion was made by Councilmember Ortiz and seconded by Councilmember Rogers to adjourn the meeting at 4:58 p.m. MOTION CARRIED. I Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. Don Albanese, Mayor Pro Tem City of Nederland, Texas ATTEST: - hn J A- a a /Iay Fergu n, City lerk City of Nederland, Texas 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor 1� 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 Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney 'Z 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 V Don Albanese, Mayor Pro -Tem ' Gay Fergu , City Clerk 4.� 1 Date J ON CSG J. SHANE HOWARD r'e TAX ASSESSOR -COLLECTOR GV T��AS STATE OF TEXAS COUNTY OF JEFFERSON 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 $147,038.61, represents all taxes collected for CITY OF NEDERLAND during the month of March 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE - P.O. BOX 2112 - BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 - FAX: (409)535-8589 1 1 097 I RESOLUTION 2011-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE FIRE CHIEF TO SIGN APPLICATION FOR REGULAR LICENSE PLATES TO BE USED ON NEDERLAND FIRE DEPARTMENT VEHICLES UTILIZED BY PEACE OFFICERS DURING INVESTIGATIVE AND SURVEILLANCE WORK, IN ACCORDANCE WITH TEXAS TRANSPORTATION CODE SEC. 721.005 WHEREAS, the Transportation Code Sec. 721.005 requires that agencies using regular license plates on exempt vehicles make application to do so; and WHEREAS, this application must be accompanied by a resolution containing certain information; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the Fire Chief of the City of Nederland is authorized to sign the required forms for the Nederland Fire Department to obtain authorized use of unmarked vehicles for investigative personnel in the Fire Department and displaying regular style license plates as set forth in the Transportation Code Sec. 721.005. PASSED AND APPPROVED by the City Council of the City of Nederland, Texas, at its regular meeting this the 25T" day of APRIL, 2011. ATTEST: ay Ferg son, City Irk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J jBra i ,City Attorney ityerland, Texas 1 Don Albanese, Mayor Pro Tem City of Nederland, Texas 098 CITY OF NEDERLAND , TRAVEL AND SUBSISTENCE POLICY GENERAL POLICY The policy of the City of Nederland (CITY) is that employees are to be fully reimbursed for necessary and reasonable job-related expenses incurred in the authorized conduct of CITY business. These purposes include employee training/conferences; accomplishment of a specific CITY business-related purpose; solution of a CITY -related problem; exchange of ideas; and other matters related to CITY business and the improvement of the CITY. Every three years, the City Manager will review the implementation of this Policy and provide policy interpretations and assistance to ensure effective and efficient implementation. All travel expenses are subject to the requirements of documentation and reasonableness, as set forth in this Policy, provided that the travel was properly authorized and that funds are available in the CITY'S budget. The CITY, at its discretion, may prepay such expenses as registration fees, hotel costs, airfare, etc. directly to the entity involved. While this policy does not cover every possible situation, it establishes adequate guidelines for employees and officials to make appropriate and consistent judgments regarding the expenditure of CITY funds for reimbursable expenses. Please note the CITY ' will provide flexibility to meet the special needs and requirements of their employees during travel. It remains the responsibility of city management to control and approve travel -related expenditures. Any exceptions will be subject to approval by the City Manager. The City Manager may also, on a case -by case basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In such instance, a detailed explanation and substantiation (a receipt) is required. II. APPLICATION This policy shall apply to all CITY employees and officers. Travel and training costs shall only be paid for CITY employees and officers; any costs resulting from the travel and/or training of family members or other persons not employed by the CITY shall be borne by the employee or officer. An employee or officer, whose family member(s) will attend the training/conference with the employee or officer, shall be required to pay the CITY prior to any expenses being incurred by the CITY. Employees shall provide their supervisor with a copy of their itinerary before leaving on business travel. III. REQUEST PROCEDURE At least ten (10) working days prior to the date of departure, a Request for Travel Voucher (RTV) shall be submitted to the City Manager or his designee for approval or disapproval if no advance registration or air travel is required. In the event that discounts are available either for registration or air travel, the RTV shall be submitted, whenever possible, in a manner so as to receive the greatest discount. I ' The Request for Travel Voucher shall identify the purpose of the trip, any anticipated expenses in accordance with this Policy, and the department and account number for the expenditure. Attached to the voucher shall be a copy of any brochures, correspondence, or other pertinent information which elaborate on the purpose of the request. Each employee or officer shall submit an individual RTV. If the RTV is approved by the City Manager or his designee, a travel advance sufficient to cover anticipated costs, as defined by this Policy, shall be provided to the traveling employee or officer. IV. TRAVEL AND EXPENSE SUMMARY Within five (5) working days of returning to the CITY, each employee or officer shall submit a completed Travel and Expense Summary to the City Manager or his designee. This document shall include all requested information with supporting documentation/ receipts attached. Supporting documentation/receipts shall include itemized original receipts indicating the amount, date, location, and nature of the expense. All expenditures for which a receipt is normally issued shall be supported by such documentation. Should an employee or officer require such documents for their personal use, they shall make copies prior to submitting the originals. If other than original receipts are submitted, a written statement attesting to the accuracy of the submission must be approved by the employee's department head. ' V. CASH ADVANCE Employees and officers may receive a cash advance for such items as food, mileage, lodging, travel, etc., as defined in this Policy, when those expenses have not been prepaid or other arrangements made for the payment of these expenditures. Any cash advance shall require proper supporting documentation/receipts upon return to the CITY. Should an employee or officer not expend all funds provided by the cash advance as reflected by supporting documentation/receipts, unspent funds may be returned to the CITY depending upon the purpose of the cash advance. VI. PREPAID EXPENSES a) Registration. Whenever possible, the CITY shall prepay registration expenses for meetings, conferences, or seminars via the submission of a Request for Travel Voucher in accordance with Section III. This Voucher shall be submitted, whenever possible, in sufficient time to receive the lowest possible registration fee for the event. Should prepayment of registration fees not be possible, the employee or officer shall receive a cash advance in the exact amount of the registration fees. b) Airfare. Whenever possible, the CITY shall prepay and obtain airline tickets. Employees and officers shall submit a Travel Report Voucher a minimum of twenty- five (25) days prior to the departure date, whenever possible, to allow for the lowest possible airfare. The CITY shall obtain airline tickets for coach or tourist class airline fares. Only in emergency situations, or when less than first class tickets are 05 )100 unavailable, shall the City Manager consider approving the purchase of other fares. , Should prepayment and the obtaining of airline tickets by the CITY not be possible, airfare shall be reimbursed in accordance with Section Vil.d. VII. ALLOWABLE EXPENSES a) Personal automobile. Employees or officers authorized to use their personal automobile for attendance at a CITY -related conference shall be reimbursed at the rate established by the City Council. The amount permitted for mileage to a particular destination shall be determined in accordance with the rate established annually by the Internal Revenue Service (IRS) based upon distance documentation as provided in maps, handbooks, etc. All employees utilizing their personal automobile for attendance at a CITY -related conference shall have a valid driver's license and personal automobile liability insurance. When two (2) or more employees travel in a single automobile, only one (1) employee shall receive mileage or other automobile reimbursement. b) City Vehicle. Employees who travel in CITY -owned vehicles shall be reimbursed for the actual cost of fuel, oil, or other related expenditures necessary for the safe operation of the vehicle when substantiated by proper supporting documentation/receipts. c) Vehicle Parking, Storage, and Tolls. Expenses for vehicle storage, parking, and/or tolls ' are reimbursable subject to the submission of supporting documents/receipts. Valet parking shall not be reimbursed unless the employee/official documents the need for such accommodation. d) Airfare. Employees or officers shall be reimbursed for coach or tourist class airfare in the event that this is not a prepaid expenditure. All travel will be by the most economical and direct routes. e) Automobile rental. In the event that an employee or officer utilizes a rental automobile, the CITY will not provide reimbursement for a vehicle classified higher than "intermediate" or "mid-size" unless the employee or officer is able to justify the need for a larger vehicle. 1. Advance reservations for rental automobiles shall be made by the CITY prior to the travel so as to ensure the lowest possible rate. 2. Reimbursement will be provided for rental of the automobile and fuel costs with the submission of supporting documentation/receipts. 3. All reimbursement claims shall exclude any increased charges resulting from personal use. 4. When traveling in groups, sharing of cars, when practical, must be done to ' 3 1 _.'SP1 ' minimize costs. f) Carfare and taxis. If taxis, shuttle buses, etc. are utilized, the employee or officer shall be reimbursed for actual expenditures and tips with the submission of supporting documentation/receipts. Separate receipts shall be submitted for each trip utilizing a taxi, shuttle bus, etc. g) Lodging. Whenever possible, the CITY shall arrange accommodations directly with a hotel or motel. Reimbursement for room expenses shall be based upon actual receipts excluding any personal expenses. The maximum amounts allowable for reimbursement shall be determined by the City Manager or his designee taking into consideration the particular city or region to which travel is made. 1. An employee may receive a cash advance in the exact amount of the anticipated expenditure for hotel or motel accommodations. In this circumstance, any additional business-related expenses shall be reimbursed with the submission of proper supporting documentation/receipts. 2. If the CITY is to be billed directly by the hotel or motel, a purchase order shall be issued. 3. CITY travelers are expected to seek accommodations that are comfortable, ' convenient, meet business and personal needs and offer good value. Employees are expected to compare local lodging in the area prior to reserving lodging. h) Registration. As noted in Section VI.a., registration fees shall be prepaid by the CITY. In the event that preregistration is not possible, the employee or officer may be issued a cash advance in the exact amount of the registration expense; upon return, proper supporting documentation/receipt shall be submitted to the CITY verifying this expenditure. Should registration fees not be prepaid or a cash advance not requested, the employee or officer shall be reimbursed for the cost of registration as substantiated by supporting documentation/receipts. Reimbursable registration fees shall include only the employee or officer. Meals. Employees and officers shall be reimbursed or provided a cash advance up to $10.00 per meal/$30.00 per day, or as subsequently amended by the City Council, in accordance with the following provisions: 1. All meals, except lunch, on scheduled workdays shall not be reimbursed nor shall a cash advance be provided. However, should a seminar necessitate attendance before and/or after normal working hours, the CITY will provide reimbursement for the breakfast and/or dinner meal. 2. Meals for employees or officers attending one -day conferences/seminars shall be ' reimbursed up to $10.00, or as subsequently amended by the City Council, upon the submission of supporting documentation/receipts. 4 1 102 3. For attendance at out-of-town conference/seminars requiring more than a single , day, employees and officers shall be provided with a cash advance of $10.00 per meal/$30.00 per day, or as subsequently amended by the City Council. Upon return, any unspent monies, due to the prepayment of meals as a part of registration expenses, shall be returned to the CITY. Reimbursements shall be provided based upon $10.00 per meal/$30.00 per day, or as subsequently amended by the City Council, and shall be only for the employee or officer. Additionally, each employee or officer shall be provided with $10.00 per day for incidental expenses; effective October 1, 2011, each employee or officer shall be provided with $12.00 per day for incidental expenses. j) Telephone calls, fax transmissions, and telegrams. Expenses are reimbursable when incurred in connection with CITY. These expenses must be itemized by purpose and receiver and verified by proper supporting documentation/receipts. Upon arrival at the destination, employees and officers shall be permitted a single telephone call to their residence as a means of notifying their family of their safe arrival. This cost shall be borne by the CITY up to a maximum time limit of three (3) minutes. k) Other expenditures. Any expenses other than those listed shall be itemized and substantiated by proper supporting documentation/receipts. Reimbursement for expenditures not strictly identified by this Personnel Policy shall require the approval of the City Manager or his designee. ' VIII. NON -REIMBURSABLE EXPENSES The City shall not reimburse expenses for the following: • Alcoholic beverages. • In -room movies or pay television. • Theater tickets or nightclub entertainment. • Laundry. • Babysitting. • Related expenses of spouse, children and other persons accompanying the authorized employee/official. • Pleasure, historic or other tour related expenses. Expenses for business related tours would be reimbursed. • Donations and gifts made while at training, conference, or meeting. • Loss or damage of personal items. • Meals for other conference attendees. • Purchase of personal items. • Any parking or moving violation fines. • Any personal or pleasure travel while on City business. IX. GENERAL ' Costs of medical service and supplies incurred while on travel status are not to be ' included on the Travel and Expense Summary. Such costs, however, are subject to reimbursement under the CITY's medical insurance coverage or worker's compensation in accordance with the provisions of these plans. COMPENSABLE TRAVEL TIME In accordance with the Portal -to -Portal Act and the Fair Labor Standards Act established by the Department of Labor, it is the intent of the City of Nederland to clarify compensable travel time guidelines for CITY employees. The principles which apply in determining whether or not time spent in travel is work time depend upon the situation and the kind of travel involved: a) Home to work; ordinary situation; daily commute Time spent traveling to and from the actual place of performance of the principal activity which such employee is employed to perform is not compensable travel time. An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment and therefore the regular daily commute to and from work is not considered compensable work time. b) Home to work in emergency situations ' There may be instances when travel from home to work is work time. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to perform an emergency job, all time spent on such travel is working time. c) Home to work on special one day assignment in another city An employee who regularly works at a fixed location may be given a special one day assignment in another city. Travel to another city cannot be regarded as ordinary home -to -work travel if it was performed for the employer's benefit to meet the needs of the particular and unusual assignment. However, the amount of time it takes for the employee's normal everyday commute and meal time may be deducted and not counted as work time. d) Travel that is all in a day's work Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day's work, and must be counted as hours worked regardless of contract, custom, or practice. 6 1 X103 I 104 e) Overnight travel out-of-town I Travel that keeps an employee away from home overnight can be compensable work time but a few rules do apply. All hours spent traveling on the same day of the assignment are compensable work hours. The travel time is not only hours worked on regular working days but also during the corresponding hours of non -working days. Thus, if an employee regularly works 8 a.m. to 5 p.m. Monday through Friday, time spent traveling during these hours is work time on Saturday and Sunday as well. The DOL has created some disparities in how the out-of-town travel is compensated. Employees traveling on the same day of the assignment are paid for all the time spent traveling. By contrast, employees traveling the day before the work assignment are paid only for the travel time that occurs during their regular hours of work. f) Travel time as a passenger Occasionally more than one employee may be traveling to the same project or event out of town together. Any time spent traveling as a passenger on normal working days during regular working hours are considered hours worked and are compensable. Any time spent traveling as a passenger outside of regular working hours and and/or on non -working days are not considered hours. XI. EXCEPTIONS ' Travel and/or moving expenses involving applicants or new employees may be reimbursed by approval of the City Manager or his designee. The approval of these types of expenses shall be determined on a case-by-case basis and shall be approved in advance. Any exceptions will be subject to approval by the City Manager. The City Manager may also, on a case -by case basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In such instance, a detailed, written explanation and substantiation (a receipt) is required. This policy overrides the Travel and Subsistence policy found in the City Personnel Policy and any other conflicting SOPs, policies, etc. 7 1 Z 1 2p5 STATE OF TEXAS )( ' )( INTERLOCAL AGREEMENT COUNTY OF JEFFERSON )( WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as authorized by Chapter 791 of the Government Code and the City of Nederland, a body politic of the State of Texas, for the mutual benefit of the citizens they serve, desire to enter into a contract to provide certain services to each other, and; WHEREAS, Jefferson County, Texas through Commissioner Precinct Two has, from time to time, capacity to provide labor and equipment suitable for the repair of roadways, and; WHEREAS, the City of Nederland, has, from time to time, the need to maintain and repair streets and roadways which it owns, and; WHEREAS, the city of Nederland, does not have the labor or equipment suited for such construction and/or maintenance, and; Now, therefore, know all men by the these presents: City of Nederland and Jefferson County hereby agree as follows: ' 1. Jefferson County shall furnish labor, equipment and material to repair certain streets, listed on Exhibit A incorporated herein when and as determined at the discretion of the Commissioner for Jefferson County Precinct Two, subject to the requirements of Section 791.014 of the Government Code. 2. Consideration for the repairs herein contemplated shall be determined and mutually agreed from time to time depending on the scope of the repair needed. 3. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 4. This agreement shall be construed according to the laws of the State of Texas. 5. Nothing in this agreement shall be construed to create the existence of an agency relationship between the parties. 6. Any employee of a party performing services pursuant to this agreement shall not be deemed to be the agent of the party receiving services under this agreement. Executed on the Q5 day of —AiI '��'" i 2011. / 3effR. 8.�,,.sk�✓�rP -p_ fi.04 40 R.A. "Dick"gent ' Jefferson County Judge Mayor, City Nederland R.A.'Dick' Nugent, Mayor Don Albanese, Mayor Pro Tem Jeff Ortiz, Councilmember ' n City of Nederland rt Rogly ers, Councilmember Bart Rogers, Councilmember j Christopher Duciue. ON Manager f P.O. Box 967 - Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-1550 1W March 14, 2011 Brent Weaver Jefferson County Commission, Pct. 2 Road & Bridge Precinct 2 7759 Viterbo Road Beaumont, Texas 77705 Re: 2011 STREET PROJECTS Dear Commissioner Weaver: The City of Nederland appreciates the opportunity to solicit assistance from Precinct 2 with the City's 2011 Street Program. The City requests your assistance with the following streets: Location From To C Length (LF) Width (LF) j Chicago Avenue HWY 347 12th Street 470 I 20 Atlanta Avenue HWY 347 12th Street 460 20 1 Ith Street j Nederland Avenue Boston Avenue 725 20 i Viterbo Road HWY 69 1 End f 2,900 20 Holmes Road Viterbo Road Beauxart Garden Road 2,600 20 Green Avenue I HWY 69 Holmes Road 2,200 20 1st Street Viterbo road I Green Avenue 800 20 Shelly Beauxart Garden Road ! End 825 20 South 12th Street 1 Avenue B Avenue H I 1,850 j 20 12,830 i City resources are prepared to assist with the Precinct's efforts. If you have any questions or concerns, please contact me at my Office `11 at (409) 723-1503 or via email at cduque@ci.nederland.tx.us. Thank you. Sincere , Christo Duque, City Ma age "Programmed for Progress" 1 1 1 L n 107 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM MAY 16, 2011 THROUGH APRIL 23, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meetings shall begin at 4:30 p.m. on each of the following dates: May 16 and 23, 2011 June 13 and 27, 2011 July 11 and 25, 2011 August 8 and 22, 2011 September 12 and 26, 2011 October 10 and 24, 2011 November 7 and 21, 2011 December 5 and 19, 2011 January 9 and 23, 2012 February 13 and 27, 2012 March 12 and 26, 2012 April 9 and 23, 2012 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 25th day of April, 2011. ni Don Albanese, Mayor Pro Tem City of Nederland, Texas ATTEST: ,gA Gay 'Perc#on, City Gl rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Bra ck, ity Attorney Ci of N erland, Texas IOFNEDERLAND 'PROGRAMMED FOR PROGRESS' Nederland, Texas J)rortamation WHEREAS, today's society is finding more citizens involved in motorcycling on the roads of our country, and WHEREAS, motorcyclists are roughly unprotected and much more likely to be injured or killed in a crash than other vehicle drivers; and WHEREAS, campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and most of all fatalities, through a comprehensive approach to motorcycle safety; and WHEREAS, it is the responsibility of all who put themselves behind the wheel, to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of this country; and WHEREAS, urging all of our community to become aware of the inherent danger involved in operating a motorcycle and give the operator the respect on the road they deserve; NOW, THEREFORE, I, Don Albanese, Mayor Pro Tem of the City of Nederland, Texas, do hereby proclaim the month of May 2011 as "Motorcycle Safety and Awareness Month" IN TESTIMONY WHEREOF, witness my hand and Seal of the City of Nederland this the 25- day of April, 2011. Attest., n /n Gay Ferg son, City Clk &, Don Albanese, Mayor Pro Tem 1 1 103 ' ORDINANCE NO. 2011-05 AN ORDINANCE AMENDING CHAPTER 74, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF ORDINANCES BY ADDING ARTICLE V, SECTION 75, AS IT PERTAINS TO CERTAIN SUBSTANCES WHEREAS, the City of Nederland Police Department has encountered a serious influx of the use, possession, and ingestion of certain substances that have created a health and safety risk for the citizens of Nederland; and WHEREAS, on May 19, 2010, the National Drug Intelligence Center of the United States Department of Justice issued EWS Report 000006 describing substance abuse and harmful side effects related to the use of synthetic cannabinoid products; and WHEREAS, new synthetic drags evasively marketed as "spice," "K-2," "bath salts," and "plant food" are causing users, who smoke, snort, or inject the drug, to suffer from extreme paranoia, hallucinations, delusions, agitation, hypertension, chest pain, and suicidal ideations; and WHEREAS, law enforcement officials and emergency room staff nationwide have repeatedly reported violent encounters with those high on "bath salts'; and WHEREAS, it has been stated the active ingredients of "bath salts" combine the effects of LSD and Ecstasy, the effects of PCP, and the stimulant properties of cocaine and methamphetamines; and WHEREAS, the City Council has determined that Chapter 74, Offenses. and ' Miscellaneous Provisions, of the Code of Ordinances, be amended as to add Article V, Section 75, making it an offense to possess, sell, or ingest certain substances; and WHEREAS, the City Council has determined that such an addition is in the best interest of the citizens of Nederland. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Nederland, Texas that: Section 1. The facts and opinions in the Preamble are true and correct. Section 2. The City's Code of Ordinances, Chapter 74, Offenses and Miscellaneous Provisions, is herein amended as to add Article V, Section 75, as follows: "ARTICLE V. POSSESSION, SALE, OR INGESTION OF CERTAIN SUBSTANCES Section 74.75. Offenses It shall be unlawful for any person to use, possess, purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following substances within the city limits of the City of Nederland, Texas: 1) Salvia divinorum or Salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture, or preparation of such plant, its seeds or extracts, 2) (6aR, lOaR)-9-(hydroxymethyl)-6, 6dimethyl-3-(methyloctan-2-yl)-6a, 7, .10, lOa- ' tettahydrobenzo[c]chromen-l-ol, commonly known as HU -210, 3) 1-Pentyl-3-(I_naphthoyl)indole, commonly known as IVH -018 Spice or K2, 4) 1-Butyl-3-(I_naphthoyl)indole, commonly known as JW11-073, 5) N-benzylpiperazine, commonly known as BZP, 6) 1-(3-[trifluoromethylphenyl]) piperazine, commonly known as TFMPP, Any similar substances to the above which when inhaled, or otherwise ingested, may produce intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes, distorts, or disturbs the auditory, visual, or mental process, and the product or substance has no other apparent legitimate purpose for consumers. Illegal products include the products marketed under the following commercial names: Blaze, Dascents, Diablo, Fire N' Ice, Genie, K-2, K-2 Summit, K-2 Sex, KO Knock—Out 2, Mojo, Pandora Potpourri, Pep Spice, Sage, Salvia Divinonmt, Sense, Silver, Skunk, Solar Flare, Spice, Spice Cannabinoid, Spice Diamond, Spice Gold, Spicy Green, Yucatan Fire, and Zohai. It is unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid or chemical listed within this Ordinance, or a similar substance, for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual, or mental process. Section 74.76. Exceptions. It is not a violation of this Ordinance if a person was acting under the supervision of an authorized law enforcement officer to enforce or ensure compliance with this Ordinance. This Ordinance does not apply to any person who commits any act described in this Ordinance ' pursuant to the direction or prescription of a licensed physician or dentist licensed by the State of Texas to direct or prescribe such act. This Ordinance likewise does not apply to the inhalation of anesthesia for a medical or dental purpose. Section 74.77. Penalties. Any person who violates this Ordinance shall be guilty of a Class C Misdemeanor and subject to a fine of up to $2,000.00 upon conviction in Municipal Court." Section 3. That this being an Ordinance which imposes a penalty or fine, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This Ordinance shall take effect immediately after the last date of publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 25" DAY OF APRIL, 2011. Don Albanese, Mayor Pro Tem City of Nederland, Texas ATTEST: Gay Fergus City Clerk City of Nederland, Texas 7) Any other synthetic cannabinoid, 8) Methylenedioxypyrovalerone, commonly known as MDPV, 9) 3,4-Methylenedioxymethcathinone, commonly known as Methy lone, ' 10) 4-Methylmethcathinone, commonly known as Mephedr one, 11) 4-methoxymethcathinone, 12) 4-fluoromethcathinone, 13) 3-Fluoromethcathinone, 14) pyrovalerone derivatives, or Any similar substances to the above which when inhaled, or otherwise ingested, may produce intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changes, distorts, or disturbs the auditory, visual, or mental process, and the product or substance has no other apparent legitimate purpose for consumers. Illegal products include the products marketed under the following commercial names: Blaze, Dascents, Diablo, Fire N' Ice, Genie, K-2, K-2 Summit, K-2 Sex, KO Knock—Out 2, Mojo, Pandora Potpourri, Pep Spice, Sage, Salvia Divinonmt, Sense, Silver, Skunk, Solar Flare, Spice, Spice Cannabinoid, Spice Diamond, Spice Gold, Spicy Green, Yucatan Fire, and Zohai. It is unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid or chemical listed within this Ordinance, or a similar substance, for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual, or mental process. Section 74.76. Exceptions. It is not a violation of this Ordinance if a person was acting under the supervision of an authorized law enforcement officer to enforce or ensure compliance with this Ordinance. This Ordinance does not apply to any person who commits any act described in this Ordinance ' pursuant to the direction or prescription of a licensed physician or dentist licensed by the State of Texas to direct or prescribe such act. This Ordinance likewise does not apply to the inhalation of anesthesia for a medical or dental purpose. Section 74.77. Penalties. Any person who violates this Ordinance shall be guilty of a Class C Misdemeanor and subject to a fine of up to $2,000.00 upon conviction in Municipal Court." Section 3. That this being an Ordinance which imposes a penalty or fine, its caption and penalty shall be published at least twice (2) in the official newspaper of the City of Nederland. This Ordinance shall take effect immediately after the last date of publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 25" DAY OF APRIL, 2011. Don Albanese, Mayor Pro Tem City of Nederland, Texas ATTEST: Gay Fergus City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: e Jes 3B* k, City Attorney Ci erland, Texas 1 I I REGULAR MEETING OF THE CITY COUNCIL OF THE , CITY OF NEDERLAND 4:30 p.m. May 16, 2011 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor 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 Tem Albanese and seconded by Councilmember ' Rogers to approve the Consent Agenda Items 3 a -d. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. a. Minutes - April 25, 2011 regular meeting b. Reports - April 2011 C. Tax Assessor Collection Report - April 2011 d. Payments: • April 2011 monthly bills • Allco, Inc. - $216,690.18, 2009 Sewer Rehabilitation Project 4. REGULAR AGENDA a. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese accepting the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. b. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese approving the first reading of Resolution No. 2011-08, ratifying the action of the Nederland Economic Development Corporation related to incentive offered to Hamburger Depot - Beaumont, Inc. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Minutes continued, May 16, 2011 ' c. Subdivision: i. A motion was made by Councilmember Neal and seconded by Councilmember Rogers approving the final plat for the "Sterling Ridge Subdivision, Phase 2, Section 1" as recommended by Planning & Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Abstain: Mayor Pro Tem Albanese. ii. George Wheeler, Building Official, reported that the developer is requesting the private street be allowed to be only 20 feet instead of the 27 feet required by city ordinance. He explained that this subdivision is accessed from an existing road which has only 20 feet of pavement width and the unnecessary hardship of requiring the widening of the pavement for only six lots would probably kill the development. Approving the preliminary plat as shown approves the street width. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal approving the preliminary plat for the "Aleef Estates" subdivision as recommended by the Planning & Zoning Commission. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers, Ortiz, Neal, Albanese, and Rogers. Noes: None. d. Public Hearing: ' i. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers setting a Joint Public Hearing date of June 13, 2011 at 4:30 p.m. at City Hall for the purpose of receiving comments regarding the rezoning request of Lots 3, 4, 5, 6, Block 2 of the J. D. Ford Addition from Light Industrial zoning to Single -Family Residential zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Rogers and seconded by Councilmember Neal setting a Joint Public Hearing date of June 13, 2011 at 4:30 p.m. at City Hall for the purpose of receiving comments regarding the rezoning request of 35.0595 acre tract or parcel of land out of and part of Lots 5 and 6, Block 18, Range J Map of the Lands of the Port Arthur Land Co. Volume 1, Page 22, Map Records William Carroll Survey, Abstract No. 13 Jefferson County, Texas to include what is known as Sterling Ridge Subdivision from Light Industrial zoning to Single -Family Residential zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, and Rogers. Noes: None. Abstain: Mayor Pro Tem Albanese. e. Philip Klein, Nederland Volunteer Fire Department, Inc., stated that they are honored to once again be able to make a donation to the City. This is the 15th year to make a donation with a cumulative total of approximately $500,000.00. This year's donated equipment includes personal protective equipment, uniforms, ' radio programming, and radio attachments and is valued at $20,214.47. Mayor Nugent thanked the volunteer firefighter's not only for their donation to the city but for their commitment in serving the citizens of Nederland. 114 Minutes continued, May 16, 2011 A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem ' Albanese accepting the donation of equipment from the Nederland Volunteer Fire Department, Inc. MOTION CARRED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. f. Grants: i. A motion was made by Councilmember Rogers and seconded by Mayor Pro Tem Albanese accepting a grant from the Foundation of Southeast Texas in the amount of $4,000 to support the "Every Child Ready to Read" initiative. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal accepting a grant from the Praxair Foundation in the amount of $10,000 which will be used to support two (2) service initiatives: 1. Enhancement of the Ebook/Eaudiobook collection and 2. Expansion of the "Every Child Ready to Read" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmemembers Ortiz, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese accepting a grant from Entergy in the amount of $1,000 which will assist with the holiday decoration costs. MOTION CARRIED. I Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese approving a request by Keith Barrow to utilize the Nederland Recreation gymnasium for a soccer camp. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. S. COMMUNICATION City Manager's Report: a. Construction Project Update - Steve Hamilton, Public Works Director reported that a clean-up type change order to reflect the actual scope of work will be brought to Council early in June on the 2009 Sewer project. Work has been completed on the Helena Avenue Street Joint and Crack Sealing project slightly under what was estimated. The city is currently going out for competitive, sealed quotes for thermoplastic striping of concrete streets. Hot Mix Overlay Project is progressing. Detroit has been milled and the contractor is working on some base replacement before the asphalt overlay can be laid. City forces are working on South 12th Street replacing a water line from Nederland Avenue to a point south of Avenue B. Street sweeping was recently completed which was included in the current budget. b. Chris Duque, City Manager, advised that there would be a Special City Council ' Meeting on Thursday, May 19, 2011 at 11:00 a.m. Minutes continued, May 16, 2011 6. ADJOURN ' There being no further business a motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Rogers to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Ortiz, and Rogers. Noes: None. Absent: Mayor Nugent and Councilmember Neal. ATTEST: C� Gay Ferg�rk on, City City of Nederland, Texas 1 1 R. A. Nugent, or City of Nederla d, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor V Jeff Ortiz Council Member - Ward I V Billy Neal Council Member - Ward II I/ Don Albanese Council Member - Ward III Bert Rogers Council Member - Ward IV Chris Duque City ManagerV V 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, Mi#r �J Gay Fergu , City Clerk M 1�-��dL/ O (�l , Date ABSENT 1 1 1 1 1 1 J. SHANE HOWARD TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON 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 $71,166.04, represents all taxes collected for CITY OF NEDERLAND during the month of April 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 PLA.'DidC Nugent, Mayor Don Albanese, Mayor Pro Tem Jeff Ortiz, Councilmember City of Necierla nd Billy Neal, Councilmember Berl Rogers, Councilmember ' Christopher Duque, City Manager P.O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-1550 Investment Report For the Quarter Ending March 31, 2011 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 by the Investment Officers of the City of Nederland Chris D u City Manager Cheryl den Director of Finance 1 "Proms arnmed for Provress " 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2011 Investments at Beginning of Period (1-1-11) Purchases Maturities Investments at End of Period (3-31-11) Maturity Summary at March 31, 2011 $ 7,012,602.64 12,231.48 1,010,000.00 $ 6,014,834.12 ■ Less than 3 months E 3 to 9 months ❑ 9 to 12 months ❑ Greater than 12 months .120 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending March 31, 2011 Fund Allocation at March 31, 2011 Solid Waste Fund 8.46% Bond Redemption Water & Sewer F 16.69% Other 1.32% :rai Fund 2.22% i 1 1 1 Balance Balance 01/01/2011 Purchases Maturities 03/31/2011 General Fund $ 4,342,527.07 $ 1,614.27 $ 4,344,141.34 Library Fund 32,255.65 10,008.29 $ 10,000.00 32,263.94 Water & Sewer Fund 1,003,338.69 372.96 1,003,711.65 Motel Occupancy Tax Fund 0.00 0.00 0.00 Equipment Replacement Fund 0.00 0.00 0.00 Solid Waste Fund 508,368.29 189.02 508,557.31 Police Narcotics Fund 47,163.01 17.52 47,180.53 Wastewater Construction Fund 1,000,000.00 0.00 1,000,000.00 0.00 Bond Redemption Fund 78,949.93 29.42 78,979.35 $ 7,012,602.64 $ 12,231.48 $ 1,010,000.00 $ 6,014,834.12 Fund Allocation at March 31, 2011 Solid Waste Fund 8.46% Bond Redemption Water & Sewer F 16.69% Other 1.32% :rai Fund 2.22% i 1 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2011 ' CERTIFICATES OF DEPOSIT 1 1 Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount March 31, 2011 Maturing during Quarter ended March 31, 2011 Library Special Fund 1481085106 01/01/2010 01/02/2011 366 0.30% $ 10,000.00 0.09 Wastewater Construction Fund 7140694790 07/28/2009 01/28/2011 550 1.75% 1,000,000.00 1,328.14 Held at March 31, 2011 Library Special Fund 5713564135 01/04/2011 01/04/2012 365 0.10% $ 10,000.00 2.38 Total Interest Earned on CDs for the quarter ended March 31, 2011 $ 1,330.61 Total Certificates of Deposit held at March 31, 2011 $ 10,000.00 1 1 1 Investment Report Schedule Investments for the Quarter ended March 31, 2011 INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments Period Held General Fund 01/01/11 03/31/11 Water & Sewer 01/01/11 03/31/11 Bond Redemption Fund 01/01/11 03/31/11 Library Special 01/01/11 03/31/11 Solid Waste Fund 01/01/11 03/31/11 Police Narcotic Fund 01/01/11 03/31/11 Totals for TEXPOOL Investments $ 6,002,602.64 $ 2,231.48 $ 6,004,834.12 1 1 1 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value 1 0.155% $ 4,342,527.07 $ 1,614.27 $ 4,344,141.34 I 0.155% 1,003,338.69 372.96 1,003,711.65 1 0.155% 78,949.93 29.42 78,979.35 1 0.155% 22,255.65 8.29 22,263.94 1 0.155% 508,368.29 189.02 508,557.31 1 0.155% 47,163.01 17.52 47,180.53 $ 6,002,602.64 $ 2,231.48 $ 6,004,834.12 1 1 1 1.23 Investment Report Schedule Investments for the Quarter ended March 31, 2011 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate March 31, 2011 Bond Redemption Fund 01/01/11 03/31/11 1 0.179% $ 67.19 Capital Outlay Fund 01/01/11 03/31/11 1 0.179% 116.56 Court Technology Fund 01/01/11 03/31/11 1 0.179% 2.73 Equipment Replacement Funds 01/01/11 03/31/11 1 0.179% 571.39 Fire Department Special Fund 01/01/11 03/31/11 1 0.179% 10.63 General Fund 01/01/11 03/31/11 1 0.179% 1,439.25 Library Special Fund 01/01/11 03/31/11 1 0.179% 20.32 MCML Dispatch 01/01/I1 03/31/11 1 0.179% 73.19 Motel Occupancy Tax Fund 01/01/I1 03/31/11 1 0.179% 4.63 Parks & Recreation Special Fund 01/01/11 03/31/11 1 0.179% 5.76 Police Narcotic Fund 01/01/11 03/31/11 1 0.179% 59.82 Solid Waste Fund 01/01/11 03/31/11 1 0.179% 496.72 Street Improvement Fund 01/01/11 03/31/11 1 0.179% 299.69 SSES Fund 01/01/11 03/31/11 1 0.179% 154.78 Wastewater Construction Fund 01/01/11 03/31/11 1 0.179% 1,204.98 W & S Certificate Fund 01/01/11 03/31/11 1 0.179% 63.81 ' Water & Sewer Fund 01/01/11 03/31/11 1 0.179% 174.51 $ 4,765.96 1 tR Investment Report Schedule March 31, 2011 Interest Earnings for Quarter Ended March 31, 2011 Bond Redemption Fund $ 96.61 Capital Outlay Fund 116.56 Court Technology Fund 2.73 Equipment Replacement Funds 571.39 Fire Department Special Fund 10.63 General Fund 3,053.52 Library Special Fund 31.08 MCML Dispatch 73.19 Motel Occupancy Tax Fund 4.63 Parks & Recreation Special Fund 5.76 Police Narcotic Account 77.34 Solid Waste Fund 685.74 Street Improvement Fund 299.69 SSES Fund 154.78 Wastewater Construction Fund 2,533.12 W & S Certificate Fund 63.81 Water & Sewer Fund 547.47 $ 8,328.05 1 1 1 t Nederland Volpnteer Fire Department, Inc. Operations Memo To: The Honorable Mayor, The City of Nederland The Honorable City Council The City Manager, The City of Nederland The Fire Chief, The City of Nederland From : Philip R. Klein, Secretary Treasure NVFD, Inc. Subject : 2010 Donation — To The City of Nederland Date: May 9, 2011 Every year at this time — it is our at honor and privilege to report to you our . Y !;� P � P annual donation (s) to our city to whom we represent and serve. In the year 2010 the foundation .received donations of nearly $20.,000 from our corporate, industrial and community. This money helped buy gear, safety equipment and reprogrammed our new radio frequencies for both paid and volunteer fire fighters. From people walling into the station giving donators to fundraisers — we are proud to have raised the money we have raised and are able to give back to our city. The foundation is now in its 15ht year and has raised over $500,000 dollars to help protect our city. We are proud to say that we have 12 active volunteers that risk their lives to our city and two in training. As well, we have four applications in progress. We are proud to support out chief and the paid men of our city. I ask that the city — at this time accept our equipment purchased and thank you for everything you do for us in your support of keeping our citizens safe. PRKlw cc. Board of Directors 125 Nederland Volunteer Fire Department 2010 Finacial Donars - Public Name Amount Comments General Public $10,214.33 Fundraisers For The Year Corporate Sponsors $748.25 Food For Fundraisers Klein Investments, Inc. $2,987.25 Corporate Operating Expense Philip And Inga Klein Trust $3,847.00 Gear For Fine Fighters Other (Walk In Donations) $274.00 Station Donations Pipeline / Corporation $1,750.00 Community Partners YTD Totals $18,820.83 Nederland Donation To The City - 2011 Name Amount Comments Gear - 3 Sets $5,147.00 Vol Gear Boots - 24 $6,541.00 A9 Department Boots Heat Sheilds (Safety) $365.00 Helmet Melts Hoods, Gloves, Safety $745.25 Safety Gear Radio Programing $5,000.00 Radio VOL Programsing New FQ Radio Attachments 5984.22 Bone Attoachments Helmets Uniforms -City 11 $1,4.,'2.00 New Personae Gear Total $20,214.47 Volunteers 12 Active Red Dot Training 2 Pending Applications In Progress 4 In Progress am Mon 1 r r The State of Texas County of Jefferson To AD Men Known Acceptance of Donation The City of Nederland By my hand, this ((,`day of_�a, , 2011, hereby accepts the donation of $19,820.82 in various equipment herein described by attachment KAY . Mayor, Tfi l C�Nederland Texas City of Nederland Texas -128 Exhibit "A" Name Amount Comments Gear- 3 Sets $6,147.00 Vol Gear Boots - 24 $6,541.00 All Department Boots Neat Sheilds (Safety) $365.00 Helmet Melts Hoods, Gloves, Safety $745.25 Safety Gear Radio Programing $5,000.00 Radio VOL Programsing New FR Radio Attachments $98422 Bone Attoachments Helmets Uniforms - City H $1,43200 New Personal Gear Total $20,214A7 M" 7 1 1 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE ` CITY OF NEDERLAND 4:30 p.m. 1. MEETING May 19, 2011 123 The 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. ELECTION Chris Duque, City Manager, read the results of the May 14, 2011 General and'Special Election. There were a total of 1,159 ballots and 1 provisional ballot cast in the'City of Nederland / Nederland ISD election. Each candidate received the following number of votes: Early Votina Election Dav Total Council, Ward I Talmadge Austin 439 180 619 Rick Williams 191 80 271 Jeff Ortiz 231 83 314 Council. Ward III Don Albanese 604 230 834 A motion was made by Councilmember Ortiz and seconded by Councilmember Neal to accept the returns of the election as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Ortiz, Neal, Albanese, and Rogers. Noes: None. Mayor Nugent recognized former Councilmembers Ortiz for his dedication to the community and its citizens. He presented them with a plaque of appreciation. Mr. Ortiz stated that serving on the council has been a very rewarding experience. Gay Ferguson, City Clerk, administered the Oath of Office to Talmadge Austin, Councilmember Ward I, and Don Albanese, Councilmember Ward III. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to elect Councilmember Rogers Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to authorize payment of election officials in accordance with the Texas Election Code. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 124 Minutes Continued, May 19, 2011 Chris Duque, City Manager, read the results of the May 14, 2011 Special Election for the reauthorization of the local sales and use tax in the City of Nederland, Texas at ' the rate of one-quarter (1/4) of one -percent (1%) to continue providing revenue for maintenance and repair of municipal streets. There were a total of 1,159 ballots and 1 provisional ballot cast as follows: EARLY ELECTION TOTAL VOTING DAY PROPOSITION "FOR" 689 260 949 "AGAINST" 142 69 211 A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to accept the returns of the Special Election and approve Resolution 2011-09 as read. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 3. EMPLOYEE GROUP BENEFITS A motion was made by Councilmember Neal and seconded by Councilmember Albanese postponing items 3 a -c regarding Employee Group Benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 4. ADJOURN A motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 11:12 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ayor City of Nederl nd, Texas ATTEST: Gay Fergu n, CiTy Cl < City of Nederland, Texas 1 131 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor 1/ (44 Talmadge Austin Council Member - Ward I Billy Neal Council Member — Ward If V l Don Albanese Council Member — Ward III } Bert Rogers Council Member — Ward IV r/ Chris Duque City Manager Gay Ferguson 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 l I George Wheeler Building Official Victoria Klehn Librarian Emily Melancon Human Resources Director l Joni Underwood Executive Secretary AhIlula tit R. A. Nugent, yor 0. t a g1l � �� J Gay Fergu�bn, City Clerk Tnoi,09,1WO Date 132 CITY OF NEDERLAND RESOLUTION NO. 2011-09 WHEREAS, the City Council of the City of Nederland, Texas (the "City") duly authorized an election to be held within the City on. May 14, 2011, for the purpose of submitting to the resident qualified electors of the City a proposition regarding reauthorization of the street maintenance sales tax; WHEREAS, the City Council has investigated all matters pertaining to said election; and, WHEREAS, the election officers who held said election have duly made the returns of the results thereof, and said returns have been duly delivered to this City Council; NOW, THEREFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. Findings It is officially found and determined that said election was duly ordered, that proper notice thereof was duly given, that proper election officers were duly appointed prior to said election, that said election was duly and lawfully held, that due returns of the results of said election have been made and delivered, and that this City Council has duly canvassed said returns, all in accordance with law and the Order Calling Election. Section 2. Results Declared It is officially found and determined that the following votes were cast as said election on the submitted proposition by the resident qualified electors of the City who voted at said election: PROPOSITION ' "The reauthorization of the local sales and use tax in the City of Nederland, Texas at the rate of one-quarter (1/4) of one -percent (1%) to continue providing revenue for maintenance and repair of municipal streets." 949 VOTES FOR 211 VOTES AGAINST 1160 TOTAL VOTES CAST and that the Proposition was approved by 738 votes. Section 3. Public Meeting It is officially found, determined, and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered and acted upon at said meeting, including this Resolution, was given as required by the applicable provisions of Texas Government Code, Chapter 551. PASSED AND APPROVED this the 19th day of May, 2011. R. A. Nugent ATTEST: n, D,/1ou ay Ferg on, City Cletleri4 APPROVED AS TO FORM AND LEGALITY: , ]es a Bra i , City �tny REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. 1. MEETING May 23, 2011 J U 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 were lead by Councilmember Albanese and pledge of allegiance was lead by Councilmember Neal. 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 Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. a. Minutes - May 16, 2011 regular meeting. b. Consider action approving Resolution No. 2011-08, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Hamburger Depot -Beaumont, Inc. C. Payments: • Carroll & Blackman, Inc. - $836.67, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. The regular meeting was recessed and a Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding rehabilitation or condemnation of abandoned and dilapidated structures at the following addresses: ' 2223 Avenue D 2211 Avenue F 522 Boston Avenue and 522 1/2 Boston Avenue 8090 Ford Street 134 Minutes Continued, May 23, 2011 George Wheeler, Building Official gave a brief report on each structure. He reported that conditions on all properties were continuously decaying, ' uninhabitable, unsafe, and unsightly. Mr. Wheeler recommended that owners of all properties be given thirty (30) days to completely demolish the structures and clear the lots. If not in compliance within thirty (30) days the City will cause the work to be done and a lien filed on the property for said amount. Mr. Wheeler stated that the title search for 2223 Avenue D named Rosalee Harlan as the owner. She has passed away and Jeffrey Harlan is the heir. He reported that he has been in contact with Mr. Harlan who agrees that the property needs to be demolished and that it would be too costly to bring up to city codes. Mr. Harlan sent Mr. Wheeler a letter saying he would demolish the structure but didn't give a time limit. Mr. Wheeler said he would be comfortable giving Mr. Harlan 60 days to complete the demolition. Gulshad B. Qureski, owner of property located at 2211 Avenue F and Jawiria Batool, representing the family, were in attendance. They are willing to demolish the structure but requested additional time in order to complete. They are experiencing a hardship currently due to a death in the family. Mr. Wheeler informed Council that 90 days would be satisfactory but should the City Council allow additional time past the 90 days was needed, the family would need to put up a bond in the amount it would cost to demolish which would be approximately $5,000.00. The owner of 522 Boston and 522 1/2 Boston is William Bailey Stallings Jr. No one was in attendance for this property. Mr. Wheeler reported that the outside didn't ' look too bad but the inside had a great deal of damage. The Police Department has referred this building to the Inspection Department. Mr. Wheeler was unable to get pictures of the inside due to the smell of the building. He also advised that the decision of the City council will be posted on the property and also filed at the Court House for further notification to the owner. Sharon Elledge the owner of the property located at 8090 Ford Street was in attendance. Mr. John Teller was also in attendance to represent Ms. Elledge. He stated that the building was sound and that they were in the process of repairing it. He advised that he was a certified contractor for mold abatement and reconstruction. He requested 90 days in order to complete rehabilitation. Ms. Elledge plans on using this as rental property. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:54 p.m. by Mayor Nugent. b. A motion was made by Councilmember Albanese and seconded by Councilmember Neal regarding the rehabilitation or condemnation and demolition of abandoned and dilapidated structures for the following addresses: 2211 Avenue D - 60 days to demolish and clear the lot, or the City will cause the demolition work to be performed and a lien filed for said amount. 2211 Avenue F - 90 days to demolish and clear the lot, of the City will cause the ' demolition work to be performed and a lien filed for said amount. 522 Boston and 522 1/2 Boston - 30 days to demolish and clear lot, of the City will cause the demolition work to be performed and a lien filed for said amount. 1,35 Minutes Continued, May 23, 2011 ' 8090 Ford Street - 90 days to demolish and clear lot or repair the structure and clean the lot. If either are not in compliance within the 90 days, the City will cause the demolition work to be performed and a lien filed for said amount. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None Absent: Councilmember Rogers. c. Gary Graham with Walker Partners, LLC, provided an update to the Nederland Water Treatment Plant repair/improvements project. He reported that the project remains on schedule. Plans are 95% complete and will be submitted to the City mid July. He said Walker Partners staff is in communication with city staff with revisions as the plan moves forward so that most of the details are worked out before the city receives the plans. He also advised that advertisement for bids is anticipated for mid to late August with bid opening in September. Execution of contract and pre -construction conference are scheduled for early November. Chris Duque, City Manager, reported that he and staff have met with the city's financial advisor regarding the bond issue. The formal process is scheduled for early July. d. A motion was made by Councilmember Neal and seconded by Councilmember Albanese approving an Interlocal Agreement between the City of Nederland and Nixie. e. A motion was made by Councilmember Albanese and seconded by Councilmember Neal authorizing the submission of a COPS grant to the U. S. Department of Justice. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. f. Requests: A motion was made by Councilmember Albanese and seconded by Councilmember Neal approving a request from Terry Metreyeon for water service at his business located at 2862 North Highway 69. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. A motion was made by Councilmember Neal and seconded by Councilmember Albanese approving a request from Rudy Rich and waiving fees associated with the utilization of the Nederland Recreation Center for a youth futsal league. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. ' Noes: None. Absent: Councilmember Rogers. 136 Minutes Continued, May 23, 2011 5. EXECUTIVE SESSION The regular meeting was recessed at 5:23 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. 6. RECONVENE The regular meeting was reconvened at 5:55 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 7. COMMUNICATION City Manager's Report: a. Mr. Duque reported that in observance of Memorial Day, city offices will be closed on Monday, May 30, 2011. Solid Waste service will be delayed one day for the week. S. ADJOURN There being no further business a motion was made by Councilmember Albanese and seconded by Councilmember Neal to adjourn the meeting at 5:56 p.m. ' MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. R. A. N6gent, M y r City of Nederlan Texas ATTEST: Gay Fergus�h, City Clerk City of Nederland, Texas 1 C 1 NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood R. A. Nugent, M.y r 1 k1a &v,// l/LNL/ Gaffergusoh, City Clerk l N ao I Da e 1.37 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE PRESENT ABSENT Mayor Council Member - Ward I V Council Member - Ward II Council Member - Ward III Council Member - Ward IV City Manager V City Clerk City Attorney Director of Finance Police Chief v Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary R. A. Nugent, M.y r 1 k1a &v,// l/LNL/ Gaffergusoh, City Clerk l N ao I Da e ')38 RESOLUTION 2011-08 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (10/6) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and , empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to project costs associated with Hamburger Depot -Beaumont, Inc., in an aggregate maximum amount of not more than Twenty Thousand dollars ($20,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 16s' day of May . 2011 at which meeting a quorum was present and voting. R. A. Nugent, i ayor City of Nederland, Texas ATTEST: bo a A on c bay FerguMn, City ClertJ City of Nederland, Texas APPR D AS T� AND LEGALITY: ' else B ck, City Attorney City of ederland, Texas ]39 ' PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS thisbLJday of M a u 2011 at which meeting a quorum was present and voting. ATTEST: n� �it`IA Gay Ferg on, City Cl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 4ofEeriland, Ci Texas 1 1 R. A. Nugent, NVor City ofNederlaifd, Texas 1,A AGREEMENT 1 WHEREAS, the City of Nederland has established an emergency alerting system, and; WHEREAS, the City of Nederland has contracted with Nixie, LLC to provide Emergency Notification Services within its jurisdictional area, and; WHEREAS, the purpose of this system is to alert large numbers of citizens within a specific geographic area of important information for public safety purposes, and; WHEREAS, in the event of a large scale emergency or incident, the alerting system would benefit the citizens of the City of Nederland by providing critical information in a timely fashion, and; WHEREAS Nixie, LLC has agreed to act as the single point of contact with Intrado for access to the 9-1-1 Data Base for emergency alerting purposes, and; WHEREAS, the South East Texas Regional Planning; Commission 9-1-1 Emergency Network agrees to this arrangement regarding the use of the 9-1-1 Data Base for this purpose; NOW, THEREFORE, BE IT HEREBY RESOLVED: That the City of Nederland and Nixie, LLC hereby agree to the following terms of use of the 9-1-1 Data Base. Nixie, LLC will utilize the 9-1-1 Data Base only for the purpose of emergency notification service in the above jurisdiction. Nixie, LLC and the City of Nederland understand that the data contained in the 9-1-1 Data Base is to be used for the purpose of warning or alerting citizens to an emergency situation where property or human life is in jeopardy and this data is to be maintained as confidential and not subject to public inspection in accordance with Texas Health and Safety Code, Section 771.062(a). 141 1 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as of the last date signed below. NIXLE, LLC By: John Carrino, Nixle, LLC Date: CITY OF NEDERLAND: By: R.A. Nugent ' Date: 5-a 3 -►1 Its Mayor and representative duly authorized to execute this Agreement. 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE 1 4) CITY OF NEDERLAND 11:00 P.M. June 6, 2011 ' 1. MEETING The 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. EMPLOYEE GROUP BENEFITS The regular meeting was recessed at 11:01 a.m. by Mayor Nugent for the purpose of conducting a City of Nederland Employee Benefits trust meeting to award bids for vision, dental, and health insurance. The regular meeting was reconvened at 12:10 a.m. by Mayor Nugent. A motion was made by Councilmember Albanese 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. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. 3. AD30URN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 12:10 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. R. A. Nugent ayor City of Nederland, Texas ATTEST: bo'td a'64 Gay Fergu n, City Cler City of Nederland, Texas 1 1 143 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Talmadge Austin Council Member -Ward I v Billy Neal Council Member - Ward II V Don Albanese Council Member- Ward III ✓ Bert Rogers Council Member - Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance V ' I Darrell Bush Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works V George Wheeler Building Official V Victoria Klehn Librarian ✓ Emily Melancon Human Resources Director Joni Underwood Executive Secretary ✓ R. A. Nugent, IV*or '_iy�i� G Ferg on, City C rk Date 144 SPECIAL MEETING OF THE CITY OF NEDERLAND 1 EMPLOYEE BENEFITS TRUST 11:01 a.m. June 6, 2011 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. APPROVAL OF MINUTES A motion was made by Vice -Chairperson Rogers and seconded by Trustee Albanese to approve the minutes of the May 24, 2010 meeting of the Employee Benefits Trust as written. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: None. Absent: Trustee Austin. 3. VISION INSURANCE ' Chris Duque, City Manager advised that currently the City of Nederland does not offer any vision insurance product to the employees. Bids were solicited during the bidding process for vision insurance which will be voluntary and paid entirely by the employee. Three bids were received and the recommendation by Wells Fargo Insurance Services and the City of Nederland Insurance Committee is VSP's Option II plan. A motion was made by Trustee Neal and seconded by Vice -Chairperson Rogers to award bids received for employee vision insurance to VSP Option II as recommended by Wells Fargo Insurance Services and the City of Nederland Insurance Committee. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: None. Absent: Trustee Austin. 4. DENTALINSURANCE A motion was made by Trustee Albanese and seconded by Trustee Neal to award bids received for employee dental insurance to Aetna as recommended by Wells Fargo Insurance Services and the City of Nederland Insurance Committee. MOTION CARRIED. , Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: None. Absent: Trustee Austin. 145 Minutes continued, June 6, 2011 IS. HEALTH INSURANCE Deborah Falknor, Wells Fargo Insurance Services, stated that Request for Proposals were sent to all A rated carriers (6 companies) who provide fully insured medical coverage in Texas. Only one bid was received; TML Intergovernmental Employee Benefits Pool (TMLIEBP). She received four letters of declination and one company did not respond. Declination letters were primarily based on the Interlocal Agreement with Port Neches whose retiree ratio is higher than carriers prefer. She contacted all carriers on behalf of the City of Nederland to see if they would reconsider Nederland as a stand-alone municipality. After a review of Nederland's Claim Loss Ratio and the Texas Municipal League renewal, they declined to quote since the underwriters could not compete with the TML renewal. Ms. Falknor stated that she then went back to TML who would be releasing a new plan structure known as Consumer Centered Plans effective September 1, 2011 to all TML members and requested that these plans become available to the City of Nederland effective July 1. They agreed. Consumer Centered Plans include a suite of eight plan designs. Employees can select which plan best meets their needs. The City of Nederland has chosen Plan 5 as its sponsored plan. This plan lowers the deductible and lowers the maximum out-of-pocket expense of the current Core Plan. Employees who select Plans 1 — 4 can pay the difference in the cost of coverage. Those employees who choose Plan 6 — 8, the balance of the premiums will be deposited into a Health Reimbursement Account (HRA) in the form of a debit card. ' Funds on the debit card can be used toward medical expenses such as doctor office co -pays, deductibles, out-of-pocket dental, vision expenses, etc. Unused HRA funds will roll over each year and can grow during an employee's employment with the City. HRA balances may also roll into retirement. There was lengthy discussion regarding the trend of insurance premiums and the effects of high Claim Loss Ratio, and the increasing number of retirees on the city's active employees insurance. She advised that in order to get competitive bids in the future from A rated insurance carriers, hard decisions are going to have to be made regarding retiree insurance. Texas is unique in that it has an entity for insurance which is mandated to provide coverage to any public jurisdiction. Ms. Falknor recommended that City Council not let active employees "opt out" of their benefit of insurance. Letting active employees "opt out" raises the retiree ratio. The law gives the employer the choice whether to let their employees 'opt out" of medical coverage on themselves. This would not affect spouses or children moving to other medical coverage if they choose to. A motion was made by Vice -Chairperson Rogers and seconded by Trustee Albanese to award bids received for employee health insurance to TML Intergovernmental Employee Benefits Pool, with a clause that no employee will be able to opt out of coverage for themselves, as recommended by Wells Fargo Insurance Services and the City of Nederland Insurance Committee. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: None. ' Absent: Trustee Austin. 146 Minutes Continue, June 6, 2011 6. ADIOURN I There being no further business a motion was made by Chairperson Neal and seconded by Trustee Albanese to adjourn the meeting at 12:09 p.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Rogers. Noes: None. Absent: Trustee Austin. W'( /)"� - -1116 �,W" � U - � i R. A. Nuge t,Irperson City of Nederl d Employee Benefits Trust ATTEST: Billy Neal, Secretary City of Nederland Employee Benefits Trust 1 1 !4.7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 13, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -d as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes - May 19, 2011 special meeting, May 23, 2011 regular meeting, and June 6, 2011 special meeting. b. Reports - May 2011 Departmental Reports C. Tax Assessor Collection Report - May 2011 d. Payments: • May 2011 monthly bills • Allco, Inc. - $122,766.07, 2009 Sewer Rehabilitation Project • Carroll & Blackman, Inc. - $1,022.77, Phase II MS4 Permit Implementation Services • Schaumburg & Polk - $7,621.55, 2009 Sewer Rehabilitation Project 4. REGULAR AGENDA a. Joint Public Hearing: The regular meeting was recessed and a Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the following: i. Conduct a Joint Public Hearing for the purpose of receiving comments regarding the rezoning request of Lots 2, 3, 4, 5, Block 2 of J.D. Ford Addition from light industrial zoning to single-family residential zoning. 144 Minutes Continued, 3une 13, 2011 Chris Duque, City Manager, stated that Frances E. McCoy, the property owner, ' has submitted a rezoning request. The public hearing will allow interested parties an opportunity to voice their concerns, questions, comments, etc. No action is necessary. George Wheeler, Chief Building Official, stated to the audience that on January 14, 2010 the city adopted a new zoning ordinance. This ordinance does not allow single-family residential uses in light industrial districts. He explained that if someone wanted to build a residential structure in a light industrial district, they would not be allowed to do so. Likewise, if an existing single-family residential structure burned or was damaged beyond 51% of the value of the structure, it would not be allowed to be rebuilt. Brenda Burkhalter, 2407 Canal, spoke for her Mother, Frances McCoy who owns the property. Ms. Burkhalter stated that she is a real estate agent and has been trying to sell the property. Since it is hard to sell commercial property which is primarily surrounded by single-family residential homes, the only interest in the property was for a dump truck business. She didn't feel it would be right to have 30 dump trucks operating in a neighborhood of residential homes. She said that Neil Windham was interested in buying the property to build a single-family residential structure but was not allowed to as long as the property was zoned light industrial. Sharon Elledge, 8090 Ford Street, was in attendance to request that the property ' remain light industrial. She stated that the shop in back of her residence was used previously as a shop and now is being used as an Animal Control business. She said that she has medical problems and the use of the shop in the back supported her and her children. Her contractor, John Teller, is repairing her home in exchange for use of the shop in the rear. She said that the income from this business is supporting her family and the loss of the income would be detrimental. Mr. Wheeler followed by stating that the detached shop building did not appear to him as being currently used as a place of business. He stated that it is dilapidated and overgrown with weeds and rubbish and currently has a city violation order to repair or demolish within a specified time period. Nikki Bracken, 8214 Ford Street, spoke in favor of the request for a zone change. She stated that she requested this change 3 years ago and was still in favor of it. She said that she did not want industrial uses to come in to the mostly residential neighborhood. Neil Windham asked if any of the current uses could be grandfathered. Mr. Wheeler explained that the city does not recognize a grandfathered use but it would become a non -conforming use. The use would be allowed to stay as long as it was not destroyed beyond the 51% of its replacement cost. If it were to be damaged beyond the 51%, the use would not be allowed to rebuild. John Teller asked if the property could be sold. Mr. Wheeler explained that if a nonconforming use is sold, the existing use can remain a legal nonconforming use as long as it doesn't change in any way or form. ii. Conduct a Joint Public Hearing for the purpose of receiving comments ' regarding the rezoning request of 35.0595 acre tract or parcel of land out of and part of Lots 5 & 6, Block 18, Range J Map of the Lands of the Port Arthur Land Co. volume 1, page 22, Map Records Jefferson County, TX to include what is Y - - - 0� t Minutes Continued, June 13, 2011 ' known as Sterling Ridge Subdivision from light industrial zoning to single-family residential zoning. George Wheeler, Chief Building Official, stated that Tom Cormier, the property owner, has made this rezoning request. He wanted to again elaborate that residential use is not allowed in light industrial districts. He advised that the Planning and Zoning Commission will be considering these items at their regular meeting scheduled for June 21, 2011 at 5:00 p.m. to make a recommendation to city council. Christopher Leavins from Germer Gertz, 550 Fannin, Beaumont, Texas, was representing Spidle & Spidle Inc. He stated that his client owns property next to the land being considered for rezoning. He wanted to know how this change would affect his client's property. Mr. Wheeler said that the property was not in the request for rezoning. He said that the property is being used for oil distribution and that he would need to see how the use would fit in a light industrial district; if the use is allowed by city council and all building requirements are met, the permit can be issued. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:05 p.m. by Mayor Nugent. ' b. Contracts: L A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to appoint the auditing firm of J. R. Edwards & Associates, LLC, to perform the City's audit for Fiscal Year 2010-2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to approve an agreement with Interface EAP for the employee assistance program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Councilmember Albanese and seconded by Councilmember Neal approving the 2011 CitySmart Memorandum of Understanding. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal approving Resolution 2011-10 declaring intent to reimburse expenditures in anticipation of bond issuance for water repairs/improvements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. ' Noes: None. d. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese postponing Ordinance No. 2011-06 setting the just and reasonable 249 I ryo Minutes Continued, June 13, 2011 rates for the Cost of Service Adjustment Clause to be charged by Texas Gas Service. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. Requests: L A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers approving a request by the Nederland ISD Summer Recreation program to utilize the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers approving a request from the Port Arthur YMCA to utilize the Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving the submission of the 2011 Emergency Operations Center Grant Program application to the U.S. Department of Homeland Security. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 1 EXECUTIVE SESSION The regular meeting was recessed at 5:25 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 The regular meeting was reconvened at 6:26 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only. 7. COMMUNICATION City Manager's Report: a. Construction Project Update: Chris Duque reported that asphalt overlay will be done on Detroit on Thursday or Friday of this week and the contractor will move to North 12th Street early next week. The reason the contractor is behind schedule is that he had a delay in obtaining materials from his supplier. City crews were utilized in making tie-ins on South 12th Street which resulted in a savings of approximately $50,000. The City is experiencing greater water line leaks due to the dry conditions and a greater amount of water is being used. The City will begin acquiring easements on Canal street which are based on appraised values. Minutes Continued, June 13, 2011 8. ADJOURN There being no further business a motion was made by Councilmember Albanese and seconded by Councilmember Neal to adjourn the meeting at 6:42 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, yor City of Nederl d, Texas ATTEST: l)lo day Ferg on, City C k ' City of Nederland, Texas 151 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Talmadge Austin Council Member - Ward I Billy Neal Council Member - Ward II l� Don Albanese Council Member - Ward III V Bert Rogers Council Member - Ward IV Chris Duque City Manager Gay Ferguson City Clerk '✓/ V Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief I/ Gary Collins Fire Chief Steve Hamilton Director of Public Works iV V George Wheeler Building Official Victoria Klehn Librarian Emily Melancon Human Resources Director Joni Underwood Executive Secretary Al 4/( R. A: Nugent, Mayor c. .f - r f L . --),o D. ABSENT _25*:' 1 1 1 ' J. SHANE HOWARD TAX ASSESSOR -COLLECTOR 1 STATE OF TEXAS COUNTY OF JEFFERSON w4sON CO ti14 TEXA SUSIE JAMES CHIEF DEPUTY 1, 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 $95,193.60, represents all taxes collected for CITY OF NEDERLAND during the month of May 2011. / J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 25.1 a!11 R. Edwards & Associates LLC 15� Certified Public Accountants April 19, 2011 Honorable Mayor and City Council City of Nederland Nederland, Texas 1 We are pleased to confirm our understanding of the services we are to provide for City of Nederland, Texas (the "City") for the year ended September 30, 2011. We will audit the financial statements of the governmental activities, business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City as of and for the year ended September 30, 2011. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the governmental Accounting Standards Board who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As a part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in ' the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management Discussion and Analysis. 2. Budgetary information. We have also been engaged to report on supplementary information other than RSI that accompanies the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion in relation to the financial statements as a whole: 1. Combining and Individual Non -Major Funds Statements. , 2. Schedule of Expenditures of Federal and State Awards. 3. Other Supplementary Information. 4349 Crow Road • Beaumont, Texas 77706 Phone (409) 924-9100 • Fax (409) 924-0990 2'5 onorable Mayor and City Council Page 2 April 19, 2011 The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory Section. 2. Statistical Section. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on: • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government ' Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of management, the body or individuals charged with governance, others within the entity, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of accounting records, a determination of major programs in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for ' any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. �i. Honorable Mayor and City Council Page 3 April 19, 2011 Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. As part of our audit we will will assist with the preparation of your financial statements, schedule of expenditures of federal awards, and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have prepared, reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. 15C 1 Management is responsible for establishing and maintaining internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is a reasonable assurance that ' government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for federal award program compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include any significant vendor relationships in which the vendor has the responsibility for program compliance and the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 1 57 w onorable Mayor and City Council Page 4 April 19, 2011 ' Manaeement Resaonsibilities, Continued You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A- 133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued ' with our report thereon. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations.resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perforin the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. r 15i -flonorable Mayor and City Council Page 5 April 19, 2011 Audit Procedures — General, Continued ' Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls ' Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope that would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Audit Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant ' deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. ,I; Honorable Mayor and City Council Page 6 April 19, 2011 Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of test of transactions and other applicable procedures described in the OMB Circular A- 133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Audit Administration, Fees, and Other ' We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and certify the Data Collection Form that summarizes our audit findings on line. We will provide copies of our reports to the City; however, it is management's responsibility to certify the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) on line. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of J.R. Edwards & Associates, LLC and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to state and federal agencies or its designee, a federal agency providing direct or indirect funding, or the U.S. General Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Ic9 lHonorable Mayor and City Council Page 7 April 19, 2011 160 Audit Administration. Fees, and Other, Continued ' J.R. Edwards & Associates, LLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the City. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on a date agreed upon by both parties and to issue our report thereafter. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not exceed $31,300. If the City has expended federal program monies sufficient to require a Single Audit, the fee will be an additional $4,000. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or ' more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review report accompanies this letter. We appreciate the opportunity to be of service to City of Nederland, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours very truly,, 6!tr- ainR. Edwards, CPA wards & Associates, LLC 1 41 Honorable Mayor and City Council Page 8 April 19, 2011 IRESPONSE: This letterco ectly ets forth the understanding of City of Nederland, Texas. By: Title: M Q \( Date: ) ,� Q 1 1 161 1s? CONTRACT for CITY OF NEDERLAND EMPLOYEE ASSISTANCE PROGRAM Provided by INTERFACE EAP <9' � 1 1 1 10370 Richmond Avenue, Suite 1100 • Houston, Texas 77042 ♦ (713) 781-3364 ♦ (800) 324-4327 16 3 This contract is between CITY OF NEDERLAND and Interface EAP for an Employee Assistance Program (EAP) as described below: ' I. Services Individuals eligible for EAP services are defined as the employee and family members. Family members are defined as: spouse, domestic partner, and/or legal dependants. The services to be provided by Interface EAP are as follows: 1. Twenty-four hour telephone service with both a local Houston and a toll-free national number for employees and family members to use for any personal problem. 2. Diagnosis, assessment, initial treatment planning, and if necessary a referral for personal problems, particularly those with the potential for affecting work performance. This includes consultation with our professionals until an accurate diagnosis and initial treatment plan is reached for each client of the EAP. 3. Supervisory/Management training for supervisors on recognizing, documenting, and referring an employee with job performance issues to the EAP, as well as providing information on all services of the EAP. 4. An employee orientation will be available to familiarize all employees with the services provided by the EAP and the process for utilizing the program. NOTE: Both supervisory training and employee orientations will be presented either by video or a Program Coordinator and will include printed materials. Training and/or travel costs (including ' hotel and transportation) may be charged back to CITY OF NEDERLAND depending on location and group size. 5. Ongoing program awareness in the form of posters, handouts, and promotional flyers for distribution and display. 6. Assistance in establishing a clear policy letter concerning CITY OF NEDERLAND's position on employees who use the EAP. 7. Quarterly utilization reports. This will include nature of the contact, referral source, and demographics of employees, providing that certain information will not jeopardize confidentiality. 8. Access to participant website (www.4eat).com) which includes online access to supplemental EAP resource information, including: EAP request for services, frequently asked questions, legal resources, financial resources, work/life and wellness resources. 9. Critical Incident Stress Debriefing (CISD) to take place between 24 and 72 hours after a traumatic event. Wellness Seminars will also be made available with topics to be chosen by CITY OF NEDERLAND. CISD's and Wellness Seminar costs may be charged back to CITY OF NEDERLAND depending on group size. Please see attached In -Service Fee Schedule for pricing. 10. Services requested and provided beyond those outlined in Section I will be billed to ' CITY OF NEDERLAND, Please see attached In -Service Fee Schedule for pricing. II. Procedures An employee/family member will have initial contact with a clinically trained care ' coordinator at Interface. A case will be opened and they will be referred to a licensed counselor established in private practice with experience in the area of the presenting problem. The employee/family member may request another counselor, for any reason, after their first session without losing that session as one of the allotted sessions for that problem. The employee, a supervisor, or both may initiate contact. A family member may be referred to the program by his or her own call or by a referral of the employee. When an employee or family member contacts the EAP, they will be directed to the most convenient office location in their area. A licensed counselor will be assigned to diagnose, assess, formulate an initial treatment plan, and if necessary refer for additional treatment. In all instances the need and/or problem will be addressed. The goal of the counseling process for an employee will be his or her effective return to full productivity. III. Publicitv of Services CITY OF NEDERLAND will inform its employees of the services provided by Interface with at least a letter emphasizing the confidentiality of the EAP. The letter should inform employees that the program is confidential and that any employee seeking assistance will not jeopardize his or her position with the organization. Interface will provide literature in the form of brochures describing the EAP, and all services I included in Section I of this contract. IV. Reporting, When the initial contact is the result of a supervisory referral in regards to job performance issues, an EAP care coordinator will inform the supervisor of the following: 1) whether the employee has contacted the Employee Assistance Program, 2) whether treatment goals have been established (without identification of those goals), and 3) whether there is progress (but not the nature of that progress) toward treatment goals. Interface provides an employee release form that authorizes pertinent information regarding the progress of treatment to be released to the supervisor. Interface encourages this release if a supervisor has referred the employee. Only with a signed release from the employee can Interface release any information regarding contact or other information to anyone except as required by law. Employees who make their own contact (self -referrals) with the EAP will be encouraged to share information with supervisors if deemed appropriate by the counselor. No reports will be made to CITY OF NEDERLAND concerning self -referrals other than the agreed upon reports in Section I. Neither the purpose nor content of the contact by an employee or family member will be revealed to any representative of CITY OF NEDERLAND. CITY OF NEDERLAND will provide a list of employees including their social security ' numbers to Interface for the purpose of verifying employment. An updated list will be provided monthly, or as there are material changes in employment. 16.1; All agreed upon analysis are dependent on the existence of data to be provided by CITY OF NEDERLAND in a relatively accessible form with all due regard for the confidentiality of ' employees. Except as provided herein, or by law, the identity of the employee or family member, the nature of the contact, treatment progress and prognosis, will be confidential and reported to no one without the written consent of the employee or family member. V. Consultation A clinically trained care coordinator and/or crisis counselor will be available to employees and family members 24 hours a day via a national toll free number to assist with any calls of a crisis nature. Supervisors may also call upon the EAP to assist in problem identification, documenting impaired job performance, intervention with a problem employee, or other concerns. Sessions with a licensed counselor will be on an as needed basis, and will be free of charge to the employee and/or family member as described herein. The number of sessions provided to participants will be 5 per person per family problem. Each person has their own coverage, but if more than one covered family member is seeking counseling for the same problem, available sessions are not increased for that problem. For example, if both spouses are seeking counseling for marital problems, 5 sessions would be available, not 10 because two family members are participating. However, if during the assessment, the counselor discovers that one of them has a separate problem, that spouse may seek counseling for that problem (and have up to 5 sessions) with another provider. The EAP will be used first to obtain an assessment of the problem. If the problem ' is short term, additional EAP sessions will be available for the person(s) seeking help. If the problem is long term, a referral to the appropriate program(s) could be made prior to exhausting the full 5 EAP sessions. If further treatment is needed that is not covered under insurance, Interface will work to make available that treatment at a reduced cost to the family. Referrals for legal problems are provided through Legal Access. Each covered family has a maximum of 3 consultations with an attorney per plan year. The consultations with an attorney may be either in person or via telephone with the first 30 minutes at no charge. Additional services with the attorney are provided at a reduced rate. Employees will have 3 Financial Planning sessions per family, per year. All services are provided via telephone. 1 VI. Hold Harmless Clause 16r Interface EAP will indemnify and hold CITY OF NEDERLAND harmless from any and all claims, actions, liability and expenses including costs of judgments, settlements, court costs, and attorney fees, regardless of the outcome of such claim or action, caused by, resulting from or ' alleging negligent or intentional acts or omissions or any failure to perform any obligation undertaken or any covenant in this agreement, whether such act, omission or failure was that of Interface EAP or that of any person providing services there under through or for Interface EAP. Upon notice from CITY OF NEDERLAND, Interface EAP will resist and defend at Interface EAP's own expense, and by counsel reasonably satisfactory to CITY OF NEDERLAND any such claim or action. VII. Proeram Cost The monthly retainer charge is as follows: $2.07 per employee per month for all employees Or Annual Cost: $2856.60 for EAP services covering up to 115 employees per month. Should the city of Nederland elect to pre -pay the total annual contract, a 10% discount of $285.66 will be applied for a total amount due of $2570.94. The discounted rate must be paid in full by July 1, 2011, or the discount will be forfeited. If the employee count exceeds 115 employees in any given month, the amount due for each employee in excess of 115 is $2.07 per month and is payable monthly. The pre -paid annual discounted payment of $2,570.94 is due July 1, 2011. All other ' payments are to be paid in monthly installments at the beginning of each month. The remittance address is: Interface EAP, P.O. Box 1759, Dept. 984, Houston, TX 77251-1759. VIII. Term of Contract The term of this contract shall be from July 1, 2011 through June 30, 2011. Upon expiration of the term of this Agreement, this Agreement shall continue in full force and effect on a month-to- month basis not to exceed twenty-four (24) months at the rates set out in this agreement unless thirty (30) days written notice of termination or intention not to renew is given by either party, or this Agreement is superseded by a subsequent Agreement. IX. Termination of Contract J '4 i CITY OF NEDERLAND or Interface EAP may terminate this contract with thirty days written notice. At the time of termination, Interface will direct any participant in treatment to verify ' benefits through the new vendor and to contact their human resources director. Interface will also notify the participant's provider of the termination of services, revoke any unused sessions and direct the provider to verify benefits through the new vendor. Interface will not assume any financial responsibility for services that take place after the date of termination. AGREED TO AND EXECUTED THIS 111t\ DAY OF .) (/ Vl f 2011. CITY OF NEDERLAND By: Title: 0 11 (1 ✓ Print name: 1 YA+— INTERFACE EAP a Title: Chief Financial Officer ' Print name: Tina M. Pace *This agreement is not valid unless signed by both CITY OF NEDERLAND and Interface EAP. 1 6 267 4r.; A > Interface EAP IN-SERVICE FEE SCHEDULE Employee Orientation Meetings Supervisory Training DOT Training Critical Incident Stress Debriefing — 24-72 hour response Critical Incident Stress Debriefing — 2-3 hour response Wellness Seminars Health Fairs SAP Assessments $100.00 per hour $150.00 per hour $175.00 per hour $200.00 per hour $300.00 per hour $150.00 per hour $ 75.00 per hour $700.00 per evaluation Charges for travel expenses will be made if more than 50 miles from our corporate or regional offices (Houston, Austin, and Phoenix). Charges will be based on the hourly rate of the services provided for travel time and all time spent on-site. 7 1 1 1 2011 1 Kelley Carson Entergy Texas, Inc. (281)362-4033 jcarsol@entergy.com 1 Mike Martinez CLEAResult (281) 902-1161 mmartinez@CLEAResult.com 1 169 City and county governments in Texas are feeling the pinch of high energy costs now more than ever. To help them address rising energy costs, Entergy Texas, Inc. offers the City5mart5M Program, a no -cost program aimed at improving the energy efficiency of municipal/government buildings in its service territory. The City/County of (herein referred to as the "city" or "county" or "Partner") recognizes that itis among the select participants in this program designed to reduce local governments' energy costs, reduce operating budgets (freeing additional dollars for other taxpayers needs), and provide improved working environments for employees. This Memorandum of Understanding reflects the voluntary, collaborative effort between your city/county and the CitySmart Program, and details the commitments of each party to improve energy efficiency in your facilities. The CitySmart Program agrees to provide these services at no cost to the Partner with the understanding that the city/county will exert its best ef- forts to complete the steps below and implement cost-effective energy efficiency recommendations by November 90, 2011. Description of Commitments The CitySmart Program will provide customized energy efficiency solutions for each Partner's individual needs, using the following menu of options: ✓ Analyze utility data for the Partner in order to identify the potential for energy savings ✓ Identify and assess energy efficiency measures ✓ Develop Energy Master Plan that outlines administrative and financial decision-making criteria for energy efficiency improvements, installation of energy efficiency measures, and maintenance and operation procedures in order to succeed in implementing a cost-effective energy program in a timely manner ✓ Identify and assess capital -intensive energy projects which will produce energy cost savings ✓ Implement energy efficient operations and maintenance practices and procedures identified during walk-through energy assessments of specific facility(s), subject to available funding ✓ Locate funding sources to enable the Partner to complete capital projects ✓ Use utility incentives to buy -down the capital cost of energy efficient systems 1.70 1 Principles of Agreement Specific responsibilities of the Partner and the CitySmart Program in this agreement are listed below. ✓ Government Partner will set milestones for progress within its first four weeks of participation in the program and will make its best effort to adhere to them throughout the program process. ✓ Government Partner will select a contact person from the Administrative, Facilities or Energy Management Department and an approved city official or approved county official to work with the CitySmart Program throughout the term of the Partnership. ✓ Government Partner agrees to provide the information needed for the program to provide technical assistance and benchmarking information to the Partner, The CitySmart Program will develop a benchmarking report for the Government Partner illustrating the specified facilities' energy use in terms of several measures of current and potential energy performance. ✓ Government Partner will establish an Energy Master Plan and set realistic energy efficiency goals. The CitySmart Program will provide a sample Energy Master Plan to the Government Partner to serve as a guide. The CitySmart Program will also commit to act as a facilitator for the Government Partner in the development and adoption of the Energy Master Plan. ✓ The 2011 CitySmart Program will pay monetary incentives to Government Partner, as discussed in program materials, for ' energy efficiency achieved by projects that are completed no later than November 30, 2011. Partner agreesto submitto CLEAResult a copy of the original invoice for equipment cost, labor, and other costs associated with the project. If Partner uses internal laborand is therefore not invoiced forlabor, Partnerwill submitto CLEAResult a copy of the equipment invoice and an estimate of internal laborspent. Your Program Representative can assist you in determining the cost. ✓ In order to ensure receipt of incentives, the Government Partner will supply all relevant project details, including project scope, facility plans, architectural plans, submittals, relevant savings documentation, and the project application before the project begins. ✓ The CitySmart Program is offered solely for local governments (cities, counties and state entities). Cash incentives are paid directly to the CitySmart Partner. The Commercial Solutions Program sponsored by Entergy Texas is not available to local government, K-12 or higher education partners; therefore, project/Partner cannot receive double utility incentives per Public Utility Commission of Texas guidelines. One exception is that Partners are allowed to participate in the Entergy Texas Load Management Program. ✓ Government Partner will promote, and allow the Citg5mart Program to use the Government Partner's name to promote, its participation in the program to entities such as other utilities, federal, state, or local entities, and the general public. 1 ., 4 a 7!. 2011 CITYSMARTm MEMORANDUM OF UNDERSTANDING ' Acceptance of Agreement By endorsing below, your organization accepts this agreement with the 2011 CitySmart Program, sponsored by Entergy Texas, and conducted by CLEAResult. This agreement should be signed by your city manager, county judge, assistant manager, public works director, energy manager or other upper management staff. Government Pa er Enterou Texas. Inc. Signature: 1 SignaturP• Printed Name: �? Title: M Kelley Carson ,Ie Organization: �►] d SCORE/CitySmart Program Manager i Entergy Texas, Inc. Address:o 4m 9425 Pinecroft Dr ,P.0l�1 i�� , llq)L e v�(� �c �, The Woodlands, TX 77380 Phone-`kr1�33r Go3—n(Q1'1 Fax: Lk)q r —133, I S {50 Date: E-mail: l Ond (Z e elm(S Date: T) Y12 13 r Q6 ( If Please identify one (1) individual from the Facilities/Energy Management Department and one (1) individual from the Business/Finance Department who will be the main points of contact while working with the CitySmart Program. Approved Administrative/Facilities/Energy Management Point of Contact Name (Mr./Ms./Dr.): Title: Organization- Phone - Address: Fax: E -Mail: Mayor or Approved City Official/County Judge or Approved County Official Point of Contact: Name (Mr./Ms./Dr.): Title: Organization: Phone: Address: Fay - E -Mail: Please sign and e-mail or fax to: CLEAResult Attn: Kara Neff 4301 Westbank Drive Bldg A - Suite 250 Austin, TX 78746 Phone:(512)416-5942 Toll -Free Fax: (866) 257-4390 E-mail: kneff@CLEAResult.com Specific steps vdll vary according to partner/projects needs. CLEAResult is the implementation contractor for the Entergy Texas, Inc. City5nnartf° Program. Ente�gy THE POWER OF PEOPLE' 17? RESOLUTION 2011-10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY I OF NEDERLAND, TEXAS DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WHEREAS, City of Nederland, Texas (the "Issuer") expects to issue debt for use for, among other purposes, the upgrade of water plant facilities and water lines, including the purchase of easements and land (the "Project); WHEREAS, the Issuer expects to make expenditures for the Project from its existing water and sewer fund balances prior to the date of issuance of debt obligations by the Issuer; and WHEREAS, the Issuer desires to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse such expenditures at such time as the Issuer issues obligations to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. The Issuer reasonably expects the Issuer, on its behalf, to incur debt, as one of more series of obligations, with an aggregate maximum principal amount of approximately $4,500,000 of such obligations to be applied for, among other purposes, the purpose of paying the costs of the Project. Section 2. The Issuer hereby declares its official intent to reimburse future expenditures from Issuer funds for the Project or various other Issuer projects in an amount not to exceed $50,000 with the proceeds of debt obligations. Section 3. All costs to be reimbursed pursuant hereto will be for capital expenditures paid for with funds from the Issuer's cash on hand. Except for preliminary expenditures, no tax- exempt obligations will be issued, on behalf of the Issuer, in furtherance of this Resolution after ' a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service or abandoned, but in no event more than three years after the original expenditure is paid. PASSED AND APPROVED this the 13th day of June 2011. R. A. uggevayor, City of Ned land, Texas ATTEST: Gay FergMon, City Cl k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J sse B k City Attorney ' ity o ederland, Texas 4 170 IREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 27, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes - June 13, 2011 regular meeting. b. Payments: • Walker Partners - $17,118.54, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $740.00, 2011 Flexible Pavement Rehabilitation project • Schaumburg & Polk, Inc. - $4,805.00, 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. Re -Zoning: L A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to approve the request for re -zoning Lots 3, 4, 5, 6, Block 2 of J. D. Ford Addition from light industrial zoning to single-family residential zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to approve the re -zoning of 35.0595 acre tract or parcel of land out of and part of Lots 5 & 6, Block 18, Range 3 Map of the Lands of 17 ."If Minutes Continued, June 27, 2011 the Port Arthur Land Co. Volume 1, Page 22, Map Records Jefferson County, Texas to include what is known as Sterling Ridge Subdivision from light industrial zoning to single-family residential zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Abstain: Councilmember Albanese. b. Appointments: i. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to appoint Kenneth Whigham to the Zoning Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to appoint Steve Gentile, Boyd Meier, Ron Minaldi, and Danny Delahoussaye to the Construction Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. c. Contracts/Agreements: i. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve a one-year contract extension with DRC Emergency Services, LLC for debris removal services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to approve a one-year contract extension with Asplundh for debris removal services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to approve a contract with Science Applications International Corporation, through HGAC, for debris removal monitoring services pending legal review. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iv. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a one-year contract extension with Garner Environmental Services, Inc. for emergency response services pending legal review. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. Discussion regarding the proposed Certificates of Obligation for the Nederland Water Treatment Plant Repairs/Improvements project. 1?• Minutes Continued, June 27, 2011 Chris Duque, City Manager, reported that preparations are continuing for the $4.5 million bond issuance to fund the Water Treatment Plant repairs/improvements project. At the July 11, 2011 meeting, City Council will consider adopting a Notice of Intent to issue the certificates and publishing the intent. In order to fund the debt payments, rates in the Water & Sewer fund will have to be increased and staff is working on the rate adjustments and they will be presented through the budget process. e. Chris Duque, City Manager, stated that Texas Gas Service filed a statement of intent application on March 31, 2011 to adjust the Cost of Service Adjustment Tariff, requesting a $353,883 annual revenue increase in the south Jefferson County service area. Dan Lawton, the city's consultant, reviewed the request and is recommending the City approve a Cost of Service Adjustment increase of $122,300 which is consistent with the existing Cost of Service Adjustment tariff. Mr. Duque advised that a follow-up Ordinance for the additional funding requested by Texas Gas Service may come before City Council for consideration in August. Danny White with Texas Gas Service was in attendance and stated that the increase in rates will be used for pipe replacement. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Ordinance No. 2011-06, setting the just and reasonable rates for the Cost of Services Adjustment Clause to be charged by Texas Gas Service. I MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. 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 551.071, Consultation with City Attorney; and, 551.074, discuss personnel appointments: City Clerk, Director of Finance, Police Chief, City Attorney, and City Judge. 6. RECONVENE The regular meeting was reconvened at 6:00 p.m. by Mayor Nugent. 7. APPOINTMENTS A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; Jesse Branick, City Attorney, for a one year term; and Kent Walston, City Judge, for a two year term as required I by State statutes and City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 17C Minutes Continued, June 27, 2011 S. COMMUNICATION City Manager's Report: a. Hot -Mix Overlay Update - Mr. Duque reported that the hot mix overlay on Detroit has been completed. Work will begin on North 12`h Street between Boston and Nederland Avenue this week and should be completed by the end of next week. b. City offices closed on Monday, July 4`h for Independence Day - Mr. Duque reported that garbage services will be delayed for one day all week. ADJOURN There being no further business a motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 6:05 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, PVYor City of Nederland, Texas ATTEST: 'h (W 1-1 LEK, Gay Ferg . on, City rk City of Nederland, Texas 1 1 L CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Talmadge Austin Council Member — Ward I y v Billy Neal Council Member — Ward 11 Don Albanese Council Member — Ward III V V Bert Rogers Council Member —Ward IV Chris Duque City Manager V Gay Ferguson City Clerk V Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief V/ Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official V Victoria Klehn Librarian V Emily Melancon Human Resources Director Joni Underwood Executive Secretary R. d. (�ugen l/b Vayo/rI (___ Gay Ferg on, City lerk Date ABSENT V 177 Y r • 278 ORDINANCE NO. 2011-06 AN ORDINANCE OF THE CITY OF NEDERLAND, TEXAS ' SETTING THE JUST AND REASONABLE RATES FOR THE COST OF SERVICE ADJUSTMENT CLAUSE ("COSA") TO BE CHARGED BY TEXAS GAS SERVICE ("TGS") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF NEDERLAND, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about March 31, 2011, TGS filed a Statement of Intent with the City Secretary in Nederland, Texas requesting an annual rate increase of $353,883 for the South Jefferson County Service Area; WHEREAS, TGS requested an effective date for the new rate schedule to go into effect on July 29, 2011; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it is necessary for the City to make a decision within 90 days of the March 31, 2011 filing, or by June 29, 2011; WHEREAS, the City retained the Lawton Law Firm, P.C. to review TGS' rate request and make necessary rate recommendations to the City; and WHEREAS, on May 25th, 2011, the Lawton Law Firm, P.C., filed a report with the City on this matter outlining the options available and making recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City modify the requested ' COSA annual rate increase of $353,883, to limit the increase to the agreed CPI cap, and approve a COSA annual rate increase of $122,300 as stated in the May 25, 2011 letter from the Lawton Law Firm. THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS HEREBY ORDAINS: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. Based on the recommendations and review presented by the legal/rate consultant Lawton Law Firm, whose report is attached, TGS' proposed $353,883 South Jefferson County System requested annual rate increase is modified to comport with the COSA CPI cap agreed by Cities and TGS. The limited annual COSA increase of $122,300 is adopted and the Company shall file tariffs with the City Secretary reflecting the South Jefferson County $122,300 annual rate increase. SECTION 3. As recommended by the Lawton Law Firm and stipulated by TGS, the Company's authorized overall after tax rate of return shall be 8.58%. SECTION 4. The Company shall promptly reimburse the City's COSA review rate case expenses and may collect such expenses through surcharge based on Mcf usage. SECTION 5. The Company's Cost of Service Adjustment Clause is approved. SECTION 6. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, ' Chapter 551. SECTION 7. This ordinance shall be effective immediately on passage. PASSED AND APPROVED 27TH day of JUNE , 2011. 1 ATTEST: Gay Fergu n, City CIA City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse ranic , ityAttomey City of Ne rland, Texas 1 1 APPROVED: -RAN /ge ay., City of Nederland, Texas 179 160 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. July 11, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes - June 27, 2011 regular meeting. b. Reports - June 2011 Departmental Reports. C. Payments: • Allco - $125,458.02, 2009 Sewer Rehabilitation project • Carroll & Blackman, Inc. - $360.00, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Bids: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers authorizing the solicitation of bids for city -owned property on Avenue G. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ' ii. A motion was made by Councilmember Albanese and seconded by Councilmember Neal authorizing the solicitation of bids for city -owned property at 1404 South 16`h Street. MOTION CARRIED. ,11 Minutes Continued, July 11, 2011 I Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a request from the Humane Society to utilize Doornbos Park for a Dog Days of Summer event. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve the advertisement of the Community Development Block Grant Service Yard Line Assistance program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a payment to LD Construction in the amount of $18,133.12 for the "2011 Flexible Pavement Rehabilitation" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Ordinance No. 2011-07, right-of-way conveyance for Aleef Estates. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f. Chris Duque, City Manager reported that he and the other 2 mid -county city managers have been discussing a number of recycling projects for FY 2011-2012 Year. After Republic (formerly BFI) elected not to partner with the cities due to the economics of recycling, Waste Management was approached and options were discussed. The proposed recycling project is a month-to-month, drop-off center. The cost will be $360.00 and is proposed to be paid from the Solid Waste Fund in next year's budget. Staff is currently reviewing a number of potential sites for the container and is planning to launch the program on October 1, 2011 which would allow time to promote the program. Cameras will be installed at the drop-off site to ensure the City has evidence to prosecute anyone who abuses this service and/or illegally dumps trash. No action is necessary. g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Resolution No. 2011-11, Notice of Intent to issue certificates of obligation to fund the Nederland Water Treatment Plant repairs/improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. S. EXECUTIVE SESSION ' The regular meeting was recessed at 4:59 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. 181 18:? Minutes Continued, July 11, 2011 6. RECONVENE ' The regular meeting was reconvened at 5:28 p.m. by Mayor Nugent. A motion was made by Mayor Pro Tem Rogers and seconded by Counciimember Albanese to deny a second tax abatement request by Sunoco based on legal advice received from the City Attorney. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 7. COMMUNICATION City Manager's Report: a. Construction Project Update - Mr. Hamilton reported to City Council that staff is still in the process of formulating the change order for final line segments on the sewer project. The information has been submitted to the Engineer. On Nederland Avenue there is a problem with the road which is barricaded off. Staff will be doing survey work in the morning and then will formulate a recommendation to the contractor for the repair work. Due to the drought conditions, city staff is still repairing water leaks. Chris Duque said the city expects to hear next week from LNVA if the next step in the Drought Contingency Plan will be taken. The next step would restrict water consumption which will be noticeable to our citizens. b. Budget Workshop - Wednesday, July 13, 2011 beginning at 8:30 a.m. 9. ADJOURN ' There being no further business a motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 5:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nug t, Mayor City of N Berland, Texas ATTEST: ay Fergu n, City Cler ' City of Nederland, Texas 1 1 1 NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood R. A. Nugent, M r r ay Fer &son, City erk '7• // • l/ Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member -Ward I Council Member - Ward II Council Member - Ward III Council Member - Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary PRESENT V V V V V V ABSENT V 183 r 164 CITY OF NEDERLAND ORDINANCE NO. 2011-07 / ORDINANCE DISCONTINUING, CLOSING AND 1AN ABANDONING OF RIGHT-OF-WAY IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Nashad N. Momin and Aziz Maredia, Ronald F. Sanders, and Triangle Acquisitions, Inc. each own separate portions of the property adjacent to the right-of-way hereinafter described. WHEREAS, that said portion of said right-of-way is no longer used and the said above named property owners have requested the City Council of the City of Nederland to discontinue, close and abandon said portion of the right-of- way, as hereinafter described; and WHEREAS, the City of Nederland agrees to discontinue, close, and abandon, and convey and exchange said right-of-way to the abutting property owners at fair market value as determined by the appraisal shown as Attachment "D"; and WHEREAS, the City of Nederland shall retain a twenty foot (20') ingress/egress as shown in Attachments "A", and "C". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. Section 1. That the following described portion of said right-of-way in the City of Nederland, Jefferson County, Texas, be and it is hereby discontinued, ' closed and abandoned as a right-of-way. 0.6663 acres of land out of Blocks 19 and 20, Range K, Port Arthur Land Company Subdivision and as further described in Attachment "A"; and 0.2274 acres of land out of Blocks 19 and 20, Port Arthur Land Company Subdivision and as further described in Attachment "B", and 1.219 acres of land out of Blocks 19 and 20, Range K Port Arthur Land Company Subdivision and as further described in Attachment "C". Section 2. The City of Nederland shall convey and exchange said right-of- way to the abutting property owners at fair market value as determined by the appraisal shown as Attachment "D". Section 3. That the City of Nederland shall retain a twenty foot (20') ingress/egress as shown in Attachments "A" and "C". Section 4. This ordinance shall be effective from and after its passage. Section 5. That the Mayor and City Clerk shall be authorized to sign and attest the transfer of this property by Conveyance Deed or other instruments, as needed, to the above named. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Nederland on this the 11th day of July, 2011 711�62� R. A. Nugent ayor City of Neder and, Texas iA.� ATTEST: ' n/n`�{�{. Gay� Fergu on, City cleYk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: a CJe tAttorney C' of N erland, Texas 1 1 I8r; Attachment "A" 0.6663 ACRE OF LAND 186 OUT OF BLOCKS 19 AND 20, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF NEDERLAND, ' JEFFERSON COUNTY, TEXAS BEING 0.6663 acre of land out of and a part of Blocks 19 and 20, Range "K", Port Arthur Land Company Subdivision, City of Nederland, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being a portion of a 40' dedicated right of way as shown on Plat of said Port Arthur Land Company Subdivision; said 0.6663 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point on the centerline of a dedicated road named Smith Road (a.k.a. Holmes Road); said point being the Southeast corner of Lot 1, Block 20, Range "K", Port Arthur Land Company Subdivision; THENCE, (Called South 41 deg., 13 min., 00 sec., West), a distance of (Called 20.00') to a point on the West right of way line of said Smith Road; THENCE, North 48 deg., 49 min., 20 sec., West (Called North 48 deg., 47 min., 00 sec., West), a distance of 10.00' to a point; THENCE, South 41 deg., 14 min., 04 sec., West (Called South 41 deg., 13 min., 00 sec., West), a distance of 10'00' to a point for comer being the POINT OF BEGINNING and Northeast corner of the herein described tract having a State Plane Coordinate of N: 13933892.20, E: 3539775.74; THENCE, South 48 deg., 49 min., 20 sec., East, 10' West of and parallel to the West right of way line of said Smith Road, a distance of 30.00' to a point for corner on the North line of a (Called 2.480) acre tract of land conveyed to Nashad N. Momin and Aziz Maredia, recorded in File No. 2010006391, Official Public Records, Jefferson County, Texas; from which a ''/2" steel rod found for the Northeast corner of the (Called 2.480) acre tract bears North 41 deg., 14 min., 04 sec., East, a distance of 10.00'; said point for corner being the Southeast corner of the herein described tract; THENCE, Ref Line = South 41 deg., 14 min., 04 sec., West, on the North line of the (Called 2.480) acre tract, a distance of 955.87' to a 5/8" steel rod found for the Northwest corner of the (Called 2.480) acre tract on the North line of The Lakes of Nederland Subdivision, recorded in File No. 2008004729, Official Public Records, Jefferson County, Texas; said 5/8" steel rod being the Southwest corner of the herein described tract; THENCE, North 48 deg., 45 min., 56 sec., West, a distance of 20.00' to a point for corner; THENCE, South 41 deg., 14 min., 04 sec., West, a distance of 34.90' to a point for comer; ' THENCE, North 48 deg., 45 min., 56 sec., West, a distance of 10.00' to a point for corner being the Northwest corner of the herein described tract; Attachment "A" a' '4 t 0.6663 ACRE OF LAND OUT OF BLOCKS 19 AND 20, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF NEDERLAND, ' JEFFERSON COUNTY, TEXAS BEING 0.6663 acre of land out of and a part of Blocks 19 and 20, Range "K", Port Arthur Land Company Subdivision, City of Nederland, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being a portion of a 40' dedicated right of way as shown on Plat of said Port Arthur Land Company Subdivision; said 0.6663 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point on the centerline of a dedicated road named Smith Road (a.k.a. Holmes Road); said point being the Southeast corner of Lot 1, Block 20, Range "K", Port Arthur Land Company Subdivision; THENCE, (Called South 41 deg., 13 min., 00 sec., West), a distance of (Called 20.00') to a point on the West right of way line of said Smith Road; THENCE, North 48 deg., 49 min., 20 sec., West (Called North 48 deg., 47 min., 00 sec., West), a distance of 10.00' to a point; THENCE, South 41 deg., 14 min., 04 sec., West (Called South 41 deg., 13 min., 00 sec., West), a distance of 10'00' to a point for corner being the POINT OF BEGINNING and Northeast corner of the herein described tract having a State Plane Coordinate of N: ' 13933892.20, E: 3539775.74; THENCE, South 48 deg., 49 min., 20 sec., East, 10' West of and parallel to the West right of way line of said Smith Road, a distance of 30.00' to a point for corner on the North line of a (Called 2.480) acre tract of land conveyed to Nashad N. Momin and Aziz Maredia, recorded in File No. 2010006391, Official Public Records, Jefferson County, Texas; from which a ''/Z" steel rod found for the Northeast corner of the (Called 2.480) acre tract bears North 41 deg., 14 min., 04 sec., East, a distance of 10.00'; said point for comer being the Southeast corner of the herein described tract; THENCE, Ref Line = South 41 deg., 14 min., 04 sec., West, on the North line of the (Called 2.480) acre tract, a distance of 955.87' to a 5/8" steel rod found for the Northwest corner of the (Called 2.480) acre tract on the North line of The Lakes of Nederland Subdivision, recorded in File No. 2008004729, Official Public Records, Jefferson County, Texas; said 5/8" steel rod being the Southwest corner of the herein described tract; THENCE, North 48 deg., 45 min., 56 sec., West, a distance of 20.00' to a point for corner; THENCE, South 41 deg., 14 min., 04 sec., West, a distance of 34.90' to a point for ' corner; THENCE, North 48 deg., 45 min., 56 sec., West, a distance of 10.00' to a point for comer being the Northwest corner of the herein described tract; 167 I88 THENCE, North 41 deg., 14 min., 04 sec., East, 30' North of and parallel to the North ' line of the (Called 2.480) acre tract, a distance of 990.74' to the POINT OF BEGINNING and containing 0.6663 acre of land, more or less. Note: Coordinates are referenced to Texas State Plane Coordinate Grid System, Texas South Central Zone NAD 83, Scale Factor = 0.999927971, Convergence Angle = 02 deg., 25 min., 51 sec. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 5, 2011. Nashad N. Momin and Aziz Maredia LS -11-0149A OF �P 4 £ T,�R •. aN DNY GER 4 X481 v: a ti0`•E;; l��{�I SUR�� 1 169 Attachment "B" n-; 0.2274 ACRE OF LAND 190 OUT OF BLOCKS 19 AND 20, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF NEDERLAND JEFFERSON COUNTY, TEXAS BEING 0.2274 acre of land out of and a part of Blocks 19 and 20, Port Arthur Land Company Subdivision, City of Nederland, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being a portion of a 40' wide road right of way as shown on Plat of said Port Arthur Land Company Subdivision; said 0.2274 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point on the centerline of a dedicated road named Smith Road (a.k.a. Holmes Road); said point being the Southeast corner of Lot 1, Block 20, Range "K", Port Arthur Land Company Subdivision; THENCE, (Called South 41 deg., 13 min., 00 sec., West), a distance of (Called 20.00') passing the West right of way line of said Smith Road; continuing for a total distance of 30.00' to a point; THENCE, North 48 deg., 49 min., 20 sec., West (Called North 48 deg., 47 min., 00 sec., West), 10' West of and parallel to the West right of way line of said Smith Road, a distance of 10.00' to a point for corner being the POINT OF BEGINNING having a State Plane Coordinate of N: 13933892.20, E: 3539775.74; said point for corner being the Southeast corner of the herein described tract; THENCE, South 41 deg., 14 min., 04 sec., West, a distance of 990.75' to a point for ' corner being the Southwest corner of the herein described tract; THENCE, North 48 deg., 45 min., 56 sec., West, a distance of 10.00' to a ''/2" steel rod set, capped, and marked "SOUTEX" for the Southwest corner of a tract of land conveyed to Ronald F. Sanders, recorded in File No. 9625403, Official Public Records, Jefferson County, Texas; said '/z" steel rod being the Southeast corner of a (Called 15.9859) acre tract of land known as Tract II conveyed to Triangle Acquisitions, Inc., recorded in File No. 2005041027, Official Public Records, Jefferson County, Texas, and being the Northwest corner of the herein described tract; THENCE, North 41 deg., 14 min., 04 sec., East, on the South line of said Sanders tract, a distance of 990.73' to a point for corner being the Northeast corner of the herein described tract; from which the Southeast corner of said Sanders tract bears North 41 deg., 14 min., 04 sec., East, a distance of 10.00'; THENCE, South 48 deg., 49 min., 20 sec., East, a distance of 10,00' to the POINT OF BEGINNING and containing 0.2274 acre of land, more or less. Ref. Line based on monuments found for the North line of a (Called 2.480) acre tract of ' land conveyed to Nashad N. Momin and Aziz Maredia, recorded in File No. 2010006391, Official Public Records, Jefferson County, Texas South 41 deg., 14 min., 04 sec., West, a distance of 965.87'. Note: Coordinates are referenced to Texas State Plane Coordinate Grid System, Texas South Central Zone NAD 83, Scale Factor = 0.999927971, Convergence Angle = 02 ' deg., 25 min., 51 sec. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 5, 2011. Ronald F. Sanders LS -11-0149B 1 1 191 19? 1 u r -r O� 1p �• l• ,, 1 � h• � pc�tiof r I � •4S � per: Al , � / \ �. • '•\ I I ' j � � SI 1 rrrri Il '•/ I I j I I!€€€€ r�ET;C2a�—.s ea �T I I g9 t� I II II •� � I ;visa I ISI lr { I V, iIl J jib ilk � lied ' E` i' 1. E _ 19? 1 u Attachment "C" 1.219 ACRES OF LAND OUT OF BLOCKS 19 AND 20, PORT ARTHUR LAND COMPANY SUBDIVISION, CITY OF NEDERLAND, ' JEFFERSON COUNTY, TEXAS BEING 1.219 acres of land out of and a part of Blocks 19 and 20, Range "K", Port Arthur Land Company Subdivision, City of Nederland, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being a portion of a 40' wide road right of way as shown on Plat of said Port Arthur Land Company Subdivision; said 1.219 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point on the centerline of a dedicated road named Smith Road (a.k.a. Holmes Road); said point being the Southeast corner of Lot 1, Block 20, Range "K', Port Arthur Land Company Subdivision; THENCE, (Called South 41 deg., 13 min., 00 sec., West), a distance of (Called 20.00') to a point on the West right of way line of said Smith Road; THENCE, North 48 deg., 49 min., 20 sec., West (Called North 48 deg., 47 min., 00 sec., West), on the West right of way line of said Smith Road, a distance of 10.00' to a point; THENCE, South 41 deg., 14 min., 04 sec., West, a distance of 965.84' to a point for corner being the POINT OF BEGINNING having a State Plane Coordinate of N: 1373312508, E: 3539205.47; said point for corner being the most Easterly Northeast corner of the herein described tract; THENCE, South 48 deg., 45 min., 56 sec., East, a distance of 30.00' to a ''/z" steel rod, capped and marked "SOUTEX", found for the most Easterly corner of a (Called 2.480) acre tract of land conveyed to Nashad N. Momin and Aziz Maredia, recorded in File No. 2010006391, Official Public Records, Jefferson County, Texas; said ''/s" steel rod being on the North line of The Lakes of Nederland Subdivision, recorded in File No. 2008004729, Official Public Records, Jefferson County, Texas and being the Southeast corner of the herein described tract; THENCE, Ref Line = South 41 deg., 14 min., 04 sec., West, on the North line of The Lakes of Nederland Subdivision, a distance of 1319.55' to a point for corner on the Northerly line of a tract of land conveyed to Jefferson County Drainage District No. 7, recorded in Volume 1382, Page 39, Deed Records, Jefferson County, Texas; said point for corner being the Southwest corner of the herein described tract; THENCE, North 88 deg., 55 min., 01 sec., West, on the Northerly line of said Drainage District No. 7 tract, a distance of 52.33' to a point for corner being the Southwest corner of a (Called 15.9859) acre tract of land known as Tract II conveyed to Triangle Acquisitions, Inc., recorded in File No. 2005041027, Official Public Records, Jefferson County, Texas; also being the Northwest corner of the herein described tract; ' THENCE, North 41 deg., 14 sec., 04 min East, on the South line of the (Called 15.9859) acre tract, a distance of 1318.40' to a ''/2" steel rod set, capped, and marked "SOUTEX" for the Southeast corner of the (Called 15.9856) acre tract, same being the Southwest corner of a (Called 11. 812) acre tract of land conveyed to Ronald F. Sanders, recorded in 193 194 File No. 9625403, Official Public Records, Jefferson County, Texas; said '/z" steel rod being the most Northerly Northeast corner of the herein described tract; ' THENCE, South 48 deg.; 45 min., 56 sec., East, a distance of 10.00' to a point for corner; THENCE, North 41 deg., 14 min., 04 sec., East, a distance of 34.90' to the POINT OF BEGINNING and containing 1.219 acres of land, more or less. Reference line based on monuments found for the North line of the (Called 2.480) acre tract South 41 deg., 14 min., 04 sec., West, a distance of 965.87'. Note: Coordinates are referenced to Texas State Plane Coordinate Grid System, Texas South Central Zone NAD 83, Scale Factor = 0.999927971, Convergence Angle = 02 deg., 25 min., 51 sec. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on May 5, 2011 _ Triangle Acquisitions, Inc. LS -11-0149C HryIOIVY EG , 0 c 5481 v; 9H�tie Q SURE 1 195 lip 9' a1 i �"• I i �i+•t �tl tl ;1 � ,Cf!! tl 11 (I I { [.i E - y qI I iiiFl 1 Popp'p' Ili i t jJ�S G7 i4 F. I n'i " I I •-i" I i I I i [� "� !� � r I sit (" � I � ; [ r� 1I j�l if 1 1 i•i'; ji I 1 [ji(ciil�l: R M Ilii. if Silk I € I � i �� 9 l I I ��• i� I 8 O I s- 4 P�tw iI t it a$! 19C RESOLUTION NO. 2011$C A RESOLUTION OF THE CITY COUNCIL OF ' NEDERLAND, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Nederland, Texas (the "Issuer"), deems it advisable to issue Certificates of Obligation to fund (1) acquisition, construction, and equipping of an upgrade of water plant facilities and water lines, including the purchase of easements and land, and (2) to pay for professional services related thereto and the issuance costs of the certificates, in accordance with the Notice hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. SECTION 2. The City Clerk is hereby authorized and directed to cause to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the form attached hereto as "Exhibit A" and made a part hereof. SECTION 3. The notice set forth in "Exhibit A" to this Resolution shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Issuer, the date of the first publication to be before 14 days prior to the date set in ' said notice for the issuance of Certificates of Obligation. SECTION 4. The Mayor, City Clerk, and other officers of the Issuer are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 11'h day of July 2011. R. A. N6e.rlayor CityofNedexas ATTEST: Gay Fergihon, City itlerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 1 J se Bran' k, ty Attome�� ity of de and, Texas 197 EXHIBIT A ' NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Nederland, Texas (the "City"), shall convene at 4:30 o'clock p.m. on August 22, 2011, at its regular meeting place in the Nederland City Office Building, 1400 Boston Avenue, of said City and during such meeting, such City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $4,500,000 for the purpose of paying contractual obligations to be incurred (1) for the acquisition, construction, and equipping of an upgrade of water plant facilities and water lines, including the purchase of easements and land, and (2) to pay for professional services related thereto and the issuance costs of the certificates. The certificates of obligation will be payable from the levy of an annual ad valorem tax, within the limits prescribed by law, upon all taxable property within the City and from a limited pledge of a subordinate lien on certain available net revenues derived from the operation of the City's water and sewer system. The certificates of obligation are issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Section 271.049, as amended. /s/ R. A. "Dick" Nugent Mayor 1 1 t 8:30 a.m. 1. MEETING 2. 3. WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 13, 2011 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. 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 2011-2012 budget for that department. The schedule was as follows: Police Department Library 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 8:50 a.m. 8:50 a.m. to 9:25 a.m. 9:25 a.m, to 9:40 a.m. 9:45 a.m. to 10:10 a.m. 10:10 a.m. to 10:20 a.m. 10:25 a.m. to 10:45 p.m. 10:55 p.m. to 11:35 p.m. 12:55p.m. to 1:25 p.m. 1:25 p.m. to 2:47 p.m. A discussion was held after each department presentation. ADJOURN There being no further discussion the Workshop was adjourned at 2:47 p.m. by Mayor R. A. Nugent. �"&'�. r R: A. NugeMayor City of Nederland, Texas ATTEST: Gray FergLUon, City Cl4k City of Nederland, Texas 19& 1 1 1 1 1 1 , 01 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE R. A. Nugent Mayor Talmadge Austin 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 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 Ar cy?(a,1V — pav(LS a Y L -e C-- R. A. Nucfent, gor hit t'o_,--k �i�r Gay Fergus , City Clerk Date PRESENT ABSENT V, V/ 199 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. July 25, 2011 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 Mayor Pro Tem 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 Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes - July 11, 2011 regular meeting and July 13, 2011 special meeting. b. Tax Assessor Collection Report - June 2011 C. Payments: • Carroll & Blackman, Inc. - $2,118.33, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Reports: Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2010 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. b. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember ' Albanese authorizing the solicitation of bids for "Sanitary Sewer Siphon Replacement at Avenue H". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 201 Minutes Continued, July 25, 2011 c. Contracts/Agreements: i. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers approving an agreement with Goodtimes Wood Products, Inc. for green waste processing and disposal. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Albanese and seconded by Councilmember Austin approving a contract with ES&S for rental of election equipment for the May 2012 General Election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Ordinance No. 2011-08, modifying the Statement of Intent Rate Change Request filed by Texas Gas Service. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin approving Resolution No. 2011-12, establishing a Fund Balance policy in compliance with GASB 54. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 4:54 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. 6. RECONVENE The regular meeting was reconvened at 5:23 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Construction Project Update - Steve Hamilton, Director of Public Works, reported that the asphalt overlay will begin on Thursday of this week on N. 12th Street. Chris Duque, City Manager, advised that the contractor was behind their revised time schedule due to rain. b. FY 2011-2012 Budget Presentation - August 8, 2011. Minutes Continued, July 25, 2011 20- 9. ADJOURN There being no further business a motion was made by Mayor Pro Tem Rogers and ' seconded by Councilmember Albanese to adjourn the meeting at 5:27 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugen , ay -or City of Nede nd, Texas ATTEST: day Fergus , City CIerIN City of Nederland, Texas 1 1 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE P, `®/ R. A. Nugent Mayor VRESSENT Talmadge Austin Council Member - Ward I V Billy Neal Council Member - Ward II ✓ Don Albanese Council Member - Ward III Bert Rogers Council Member - Ward IV ✓ 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 t/ ✓ Joni Underwood Executive Secretary kln�rl(�—__R. A. Nugent, Gay Ferg on, City Cil rk Date ABSENT ` . 3 �, � ' -�L,gON CpG� J. SHANE HOWARD �� ae TAX ASSESSOR -COLLECTOR �p TEXA STATE OF TEXAS COUNTY OF JEFFERSON 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 $45,144.20, represents all taxes collected for CITY OF NEDERLAND during the month of June 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.Q. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 1 1 1 t 2010 Annual Drinking Water Quality Report (Consumer Confidence Report) CITY OF NEDERLAND Phone Number SPECIAL NOTICE Required language for ALL community public water supplies: You may be more vulnerable than the general population to certain microbial contaminants, such as Cryptosporidium, in drinking water.Infants, some elderly or immunocompromised such as those undergoing chemotherapy for cancer, those who have undergone organ transplants; those who are undergoing treatment with steroids; and people with or other immune system disorders can be particulary at risk infections. You should seek advice about drinking water your physician or health care provider. Additional guidelines appropriate means to lessen the risk of infection by Cryptosporidium are available from the Safe Drinking Water Hotline at (800) 426-4791. Public Participation Opportunities Date: July 25, 2011 Time: 4:30 p.m. Location: 1400 Boston Avenue Nederland City Hall Phone Number: 409-723-1503 'To learn about future public meetings (concerning your drinking water), or to request to schedule one, please call us. 06/01/2011 - TX1230006 409-723-1540 Robert Sangster, Water Plant Supervisor OUR DRINKING WATER IS REGULATED This report is a summary of the quality of the water we provide our customers. The analysis was made by using the data from the most recent U.S. Environmental Protection Agency (EPA) required tests and is presented in the attached pages. We hope this information helps you become more knowledgeable about what's in your drinking water. Source of Drinking Water The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally -occurring minerals and, in some cases, radioactive material, and can pickup substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include: - Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. - Inorganic contaminants, such as salts and metals, which can be naturally -occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. Pesticides and herbicides, which may, come from a variety of sources such as agriculture. urban storm water runoff, and residential uses. Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and septic systems. - Radioactive contaminants, which can be naturally -occurring or be the result of oil and gas production and mining activities. En Espanol Este informe incluye informaci6n importante sobre el aqua potable. Si tiene preguntas o comentarios sobre este informe en espanol, favor de llamar a] tel. b ) - -para ha lar con una persona bil'mwe en espanol. 205 Where do we get our drinking water? 2 0 The source of drinking water used by CITY OF NEDERLAND is Surface Water A Source Water Susceptibility Assessment for your drinking water sources(s) is currently being updated by the Texas Commission on Environmental Quality. This information describes the suceptibility and types of constituents that may come into contact with your drinking water source based on human activities and natural conditions. ' The information contained in the assessment allows us to focus source water protection strategies. Some of this source water assessment information is available on Texas Drinking Water Watch at httpJ/dww.tceq.state.state.tx.us/DVVW/ .. For more information on source water assessments and protection efforts at our system, please contact us. ALL drinking water may contain contaminants When drinking water meets federal standards there may not be any health benefits to purchasing bottled water or point of use devices. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline (1-800-426-4791). Secondary Constituents Many constituents (such as calcium, sodium, or iron) which are often found in drinking water, can cause taste, color, and odor problems. The taste and odor constituents are called secondary constituents and are regulated by the State of Texas, not the EPA. These constituents are not causes for health concern. Therefore, secondaries are not required to be reported in this document but they may greatly affect the appearance and taste of your water. Required Additional Health Information for Lead evidence that addition of a disinfectant is necessary for control of microbial If present, elevated levels of lead can cause serious health problems, especially for pre ant women and young children.Lead in dunking is contaminants. r primarily from materials and components associated with service tnes and home plumbing.This water is for high drinkrng but in Regulatory compliance with some MCLS are based on running annual average of supply ressible providing quality water cannot control the varieTy of matenals used plumbing beerssttingfvehog i monthly samples. components.enyourhas milligrams per liter or parts per million - or one ounce in 7,350 gallons of water. r tapforeconds to 2 minutes before -singg water for drinking or cooking.If you are concerned about lead in your micrograms per liter or parts per billion - or one ounce in 7,350,000 gallons of water. water, you may wish to have your water tested.Information on lead in drinking water, testing methods, and steps you can take to miti-nine expostrre is available from the Safe Drinking Water Hotline or at httpJ/www.epa.gov/safewater/)ead. not applicable. Abbreviations The following tables contain scientific terms and measures, some of which may require • NTU - Nephelometric Turbidity Units explanation. • MFL - million fibers per liter (a measure of asbestos) • pCi/L - picoctsies per liter ( a measure of radioactivity) • ppm - parts per million, or milligrams per liter (mg/L) • ppb - parts per billion, or micrograms per liter • ppt - parts per trillion, or nanograms per liter • ppq - parts per quadrillion, or picograms per liter Definitions Maximum Contaminant Level Goal or The level of a contaminant in drinking water below which there is no known or expected MCLG: risk to health. MCLGs allow for a margin of safety. Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLS are set as close to the MCLGs as feasible using the best available treatment technology. Maximum residual disinfectant level The level of a drinking water disinfectant below which there is no known or expected goal or MRDLG: risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants. Maximum residual disinfectant level or The highest level of a disinfectant allowed in drinking water. There is convincing MRDL: evidence that addition of a disinfectant is necessary for control of microbial contaminants. Avg: Regulatory compliance with some MCLS are based on running annual average of monthly samples. ppm: milligrams per liter or parts per million - or one ounce in 7,350 gallons of water. ppb: micrograms per liter or parts per billion - or one ounce in 7,350,000 gallons of water. na: not applicable. Definitions: The following tables contain scientific terms and measures, some of which may require explanation. 06/01/2011 - TX1230006 2010 Regulated Contaminants Detected 2tf7 form Bacteria I coliform/E, coli. Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated withhuman or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, and people with severely compromised immune systems. s - Maximum Total Coliform Highest Fecal Coliform or Ecoli Maximum Total No. of Violation Likely Source of Contaminant Maximum number of Contaminant Level Positive E. Coli Contamination Level Goal Contaminant positive or Fecal Level samples Coliform Samples 0 1 positive monthly 1 Fecal Coliform or E. Coli MCL: A 1 N Naturally present sample routine sample and a repeat sample in the environment are total coliform positive, and one is also fecal coliform or E. coli positive Maximum Residual Disinfectant Levet Systems must complete disinfection data on the Surface Water Monthly Operations Report (SWMOR). On the CCR report, the system must provide disinfectant type, minimum, maximum and average levels. Disinfectant Average Min Level Max Level MRDL MRDLG Unit Source Type Level Chloramine 2.43 1.13 3.83 4 4 ppm Disinfectant used to control microbes Lead and Copper Definitions: Action Level Goal (ALG): The level of a contaminant in drinking water below which there is no known or expected risk to health. ALGs allow for a margin of safety. Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow. Lead and Date MCLG Action 90th # Sites Units Violation Likely Source Copper Sampled Level Percentile Over AL of Copper 06/28/2010 1.3 Lead i 06/28/2010 0 1 (AL) 1.3 0..27 0 1 15 2 0 Contamination ppm N Erosion of natural deposits; Leaching from wood pr .servatives; Corrosion of household plumbing systems ppb N Corrosion of household plumbing systems; Erosion of natural deposits. 3 2010 Regulated Contaminants Detected Regulated Contaminants Highest Range of MCLG MCI, Disinfectants Collection Highest Range of MCLG and Disinfection Date Level Levels 0.03 By -Products Detected Detected Haloacetic Acids 2010 25 9.2-24.9 No goal for 60 (HAA5)* the total Total 2010 12 5.3-11.6 No goal for 80 Tribaiomethanes the total (TThm)* MCL Units Inorganic Collection Highest Range of MCLG MCI, Contaminants Date Level Levels Detected Detected Nitrate 2010 0.03 0.03-0.03 10 10 [measured as Nitrogen] ppb ppb Units ppm �l.s Violation Likely Source of Contamination N By-product of drinking water chlorination N By-product of drinking water chlorination Violation Likely Source of Contamination N Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits. Turbidity Limit (Treatment Level Detected Violation Likely Source of Technique Contamination I` Highest single 1 NTU 0.52 NTU N Soil runoff measurement Lowest monthly % 0.3 NTU 98.89% N Soil runoff l meeting limit I{ Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease -causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches. Total Organic Carbon Total organic carbon (TOC) no health effects. The disinfectant can combine with TOC to form disinfection byproducts. Disinfection is necessary to ensure that water does not have unacceptable levels of pathogens. Byproducts of disinfection include trihalomethanes (THMs) and haloacetic acids (HAA) which are reported elsewhere in this report. Year Contaminant Average Level Minimum Maximum Unit of Source of Level Level Measure Contaminant 2010 Source water 6.26 4.89 9.27 ppm Naturally i Present in the Environment 4 ORDINANCE NO. 2011-08 AN ORDINANCE OF THE CITY OF NEDERLAND, ' TEXAS MODIFYING THE STATEMENT OF INTENT RATE CHANGE REQUEST FILED BY TEXAS GAS SERVICE ("TGS") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF NEDERLAND, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about March 31, 2011, TGS filed a Statement of Intent with the City Secretary in Nederland Texas requesting to modify the COSA Tariff for the South Jefferson County Service Area by removing the rate adjustment cap; WHEREAS, TGS requested an effective date for the new rate schedule to go into effect on May 5, 2011; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend TGS' proposed effective date for 90 days until August 3, 2011; WHEREAS, the City retained the Lawton Law Firm, P.C. to review TGS' rate request and make necessary rate.recommendations to the City; WHEREAS, in a letter dated May 25, 2011, the Lawton Law Firm recommended that the City deny the requested Statement of Intent to modify the COSA tariff by removing the rate adjustment cap. The rate adjustment cap is intended to allow TGS to adjust its rates for cost increases out of the Company's control, not supplant the traditional rate case ratemaking. The cost recovery cap has functioned properly to limit the COSA adjustments to cost of service increases commensurate with inflation levels. TGS's claims of cost under recovery in excess of the COSA cap are not properly addressed in a COSA filing. The Lawton Law Firm also recommended that the City continue discussions with TGS in the event a mutually agreeable resolution could be reached; ' WHEREAS, the City and TGS have reached a mutually agreeable resolution to TGS Statement of Intent request whereby TGS has agreed to make necessary safety and reliability infrastructure investments within the South Jefferson County Service Area over the next three years and the City has agreed to increase the COSA cap to a 3.75% actual change in revenue requirement to permit TGS a reasonable opportunity to recover the costs of its investment and a return; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. TGS' Statement of Intent is modified to implement a COSA cap for calendar years 2011, 2012, and 2013 equal to 3.75% of the previous year's approved revenue requirement. The amendment to COSA paragraph "C. Components of Rate Adjustment" shall be as set forth in "Attachment A" to this Ordinance. SECTION 3. The Company shall file an Amended COSA tariff with the City conforming with the City's approved modifications to the tariff. SECTION 4. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act Chapter 551. 1 210 SECTION 5. This ordinance shall be effective immediately on passage. PASSED, APPROVED and ADOPTED this the 25th day of July 2011. 0 y r . ' City of Nederland, Texas ATTEST: 0 Ch1 AP -191 Gay FerguAkbn, City CIe City of Nederland, Texas APPROVED AS TO FORM M'{ANND LEGALITY: Jesse ramc i�orney City of Ne land, Texas 1 1 TEXAS GXS SERVICE COMPANY l South Jefferson County Service Area RATE SCHEDULE 1-1 Page t of 3 ' COST OF SERVICE ADJUSTMENT CLAUSE A. APPLICABILITY This Cost of Service Adjustment Clause applies to all gas sales and standard transportation service rate schedules of Texas Gas Service Company (the "Company") currently in force in the Company's service area within the incorporated areas of Port Arthur, Nederland, Groves and Port Neches, Texas (individually the "City" and collectively the "Cities"). B. EFFECTIVE DATE Rate adjustments shall be made in accordance with the procedures described below on an annual basis. The Company shall make its annual filing no later than April 1, with rate adjustments to be effective the first billing cycle of August each year. C. COMPONENTS OF RATE ADJUSTMENT Calculation of the rate adjustment will be based on calendar year operating expenses, return on investment, and federal income taxes. For calendar years 2011, 2012 and 2013, the actual percentage change in the revenue requirement in any year shall not exceed 3.75%. Thereafter, the actual percentage change in the revenue requirement in any year shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U) from December of the prior calendar year to December of the most recent calendar year. The actual percentage change in the revenue requirement is computed by comparing the revenue requirement for the current calendar year to the approved revenue requirement for the most recent rate case or the most recent cost of service adjustment filing. ' 1. Ooeratine Expenses Operating expenses will be determined by the ending balances for the applicable calendar year. The applicable expenses are: Depreciation and Amortization Expense (Account No. 403-405)* Taxes Other Than FIT (Account No. 408)** Distribution Expenses (Account Nos. 870-894) Customer Related Expenses (Account Nos. 901-916) Administrative & General Expenses (Account Nos. 920-932, except 928) Interest on Customer Deposits (Account No. 43 1) * Based on last city -approved depreciation methods and lives. ** Excluding City Franchise, Gross Receipts, and any other revenue -based tax. Supersedesl Rate Schedule Meters Read On and AfterOctober 30, 2007 L TEXAS GAS SERVICE COMPANY South Jefferson County Service Area RATE SCHEDULE 1-1 Page 2 of 3 This information will be presented with supporting calculations. COST OF SERVICE ADJUSTMENT CLAUSE (Continued) C. COMPONENTS OF RATE ADJUSTMENT (CONT.) 2. Return on Investment The rate of return will remain constant at the level authorized in the most recent rate case. The return on investment is the rate of return multiplied by the rate base balance for the applicable calendar year end. The rate base balance is composed of: Net Plant in Service Plus: Other Rate Base hems* Less: Customer Deposits (Account No. 235) Customer Advances (Account No. 252) Deferred Federal Income Taxes • These items will reflect the Materials and Supplies inventories, prepayments, and cash working capital approved in the most recent general rate case. 3. Federal Income Taxes Calendar year federal income taxes will be calculated as follows: Net Taxable Income (calendar year end rate base multiplied by rate of return from the most recent general rate case) Less: Interest on Long Term Debt (debt cost component of return from the most recent general rate case multiplied by rate base) Investment Tax Credit (remaining unamortized credit) Multiplied by: Tax Factor (.351(1-.35) or .53846) Less: Investment Tax Credit (from most recent general rate case) Supersedesl Rate Schedule 2007 Meters Read On and AfterOctober 30, 21 ? 1 1 1 TEXAS GAS SERVICE COMPANY 1 3 South Jefferson County Service Area RATE SCHEDULE 1-1 Page 3 of 3 COST OF SERVICE ADJUSTMENT CLAUSE (Continued) C. COMPONENTS OF RATE ADJUSTMENT (CONT.) 4. Cost of Service Adiustment Rate The total amount to be collected through the cost of service adjustment rate (the "Adjustment Amount") will be the sum of the amounts from Sections C.1 through C.3 (the revenue requirement) less the revenue requirement from the most recent rate case or the most recent cost of service adjustment filing. The difference shall be allocated among all customer classes in the same manner as approved in the most recent general rate case. For each customer class, seventy percent (70%) of the Adjustment Amount will be collected by adjusting monthly customer charges. This will be accomplished by dividing 70% of the Adjustment Amount by the total number of current calendar year bills to determine a per bill rate. This rate will be added to the current customer charge on the applicable rate schedule. Thirty percent (30%) of the Adjustment Amount will be collected by adjusting the volumetric rate of all customer classes. This will be accomplished by dividing 30% of the Adjustment Amount by total weather -normalized volumes for the applicable calendar year to determine a per unit rate. This rate will be added to the current volumetric rate(s) per Ccf on the applicable rate schedule. ' D. REGULATORY REVIEW OF ANNUAL RATE ADJUSTMENT This Cost of Service Adjustment Clause does not limit the legal rights and duties of the Cities, and shall be presumed not approved unless and until the City has taken affirmative action thereupon. The Cities will have a period not to exceed ninety (90) days from the date of filing within which to review and approve or deny the proposed annual rate adjustment. If the Cities do not make a final determination within 90 days, the proposed annual rate adjustment will be considered to have been denied. Upon approval, the annual rate adjustment will take effect with the first billing cycle of August of each year. Supersedesl Rate Schedule Meters Read On and AfterOctober 30, 2007 1 114 RESOLUTION NO. 2011-12 A RESOLUTION ESTABLISHING A FUND BALANCE POLICY FOR THE CITY OF NEDERLAND AND PROVIDING AN EFFECTIVE DATE 11 WHEREAS, a fund balance policy is a key element of financial stability; and WHEREAS, the maintenance of adequate levels of unassigned fund balance will mitigate financial risk from unforeseen revenue fluctuations, unanticipated expenditures, and other similar circumstances; and WHEREAS, unassigned fund balance is an important measure of economic stability, and WHEREAS, the City Council desires to establish a Fund Balance Policy; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEDERLAND, TEXAS, THAT: SECTION 1 The City Council has reviewed the attached (Exhibit "A") Fund Balance Policy for the City of Nederland, and SECTION 2 The City Council hereby adopts the attached Fund Balance Policy as the City's Fund Balance Policy, SECTION 3 All resolutions, or parts of resolutions in force with provisions relating to this resolution, which are inconsistent or in conflict with the terms or provisions contained herein, are hereby repealed to the extent of any such conflict only. The non -conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4 This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the City Council of the City of Nederland, Texas this the 25th day of July, 2011. R. A. 'ge , Mayor City of Nederland, Texas ATTEST: Gay Fergihson, City erk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess ranic , City Attorney Cit of Ned land, Texas CITY OF NEDERLAND ' FUND BALANCE POLICY PREPARED IN ACCORDANCE WITH GASB $4 Purpose The purpose of this Policy is to establish a key element of the financial stability of the City of Nederland by setting guidelines for fund balance. Unassigned fund balance is an important measure of economic stability, and it is essential that the City maintain adequate levels of unassigned fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and other similar circumstances. This Policy will ensure that the City maintains adequate fund balances in the City's various operating funds with the capacity to; 1. Provide sufficient cash flow for daily financial needs, 2. Secure and maintain investment grade bond ratings, 3. Offset significant economic downturns or revenue shortfalls, and 4. Provide funds for unforeseen expenditures related to emergencies. Definitions Fund Equity— A fund's equity is generally the difference between its assets and its liabilities. Fund Balance — The fund equity of a governmental fund for which an accounting distinction is made between the portions that are spendable and nonspendable. Fund balance is classified into five categories: 1) Nonspendable fund balance — includes the portion of net resources that cannot be spent because of their form (i.e. inventory, long-term loans, or prepaids) or because they must remain in -tact such as the principal of an endowment. 2) Restricted fund balance — includes the portion of net resources on which limitations are imposed by creditors, grantors, contributors, or by laws or regulations of other governments (i.e. externally imposed limitations). Amounts can be spent only for the specific purposes stipulated by external resource providers or as allowed by law through constitutional provisions or enabling legislation. ' Examples include grant awards and bond proceeds. 3) Committed fund balance — includes the portion of net resources upon which the City Council has imposed limitations on use. Amounts that can be used only for the specific purposes determined by a formal action of the City Council, commitments may be changed or lifted only by the Council taking the same formal action that originally imposed the constraint. The formal action must be approved before the end of the fiscal year in which the commitment will be reflected on the financial statements. 4) Assigned fund balance — includes the portion of net resources for which an intended use has been established by the City Council or the City Official authorized to do so by the City Council. Assignments of fund balance are much less formal than commitments and do not require formai action for their imposition or removal. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed which indicates that resources are, at a minimum, intended to be used for the purpose of that fund. 5) Unassigned fund balance — includes the amounts in the general fund in excess of what can properly be classified in one of the other four categories of fund balance. It is the residual classification of the general fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose. Negative residual amounts for all other governmental funds are reported in this classification. Policy Committed Fund Balance • The City Council is the City's highest level of decision-making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Council at the City's Council meeting. The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period (i.e. the Council ' may approve the calculation or formula for determining the amount to be committed). Assigned Fund Balance • The City Council authorizes the City Manager as the City Official responsible for the assignment of fund balance to a specific purpose as approved by this fund balance policy. 21IR Minimum Unassigned Fund Balance The City's goal is to achieve and maintain an unassigned fund balance in the general fund equal to 50% of expenditures. The City considers a balance of less than 25% to be cause for concern, barring I unusual or deliberate circumstances. In the event that the unassigned fund balance is calculated to be less than the policy stipulates, the City shall plan to adjust budget resources in subsequent fiscal years to restore the balance. Replenishment of Minimum Fund Balance Reserves If unassigned fund balance unintentionally falls below 25% or if it is anticipated that at the completion of any fiscal year the projected unassigned fund balance will be less than the minimum requirement, the City Manager shall prepare and submit a plan to restore the minimum required level as soon as economic conditions allow. The plan shall detail the steps necessary for the replenishment of fund balance as well as an estimated timeline for achieving such. These steps may include, but are not limited to, identifying new, nonrecurring, or alternative sources of revenue; increasing existing revenues, charges and/or fees; use of year end surpluses; and/or enacting cost saving measures such as holding capital purchases, reducing departmental operating budgets, freezing vacant positions, and/or reducing the workforce. The replenishment of fund balance to the minimum level shall be accomplished within a three-year period. If restoration of the reserve cannot be accomplished within such a period without severe hardship to the City, then the Council shall establish an extended time line for attaining the minimum balance. Order of Expenditure of Funds When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the City Council, and unassigned fund balance), the City will first spend the most restricted funds before moving down to the next most restrictive category with available funds. Appropriation of Unassigned Fund Balance Appropriation from the minimum unassigned fund balance shall require the approval of the Council and shall be utilized only for one-time expenditures, such as capital purchases, and not for ongoing expenditures unless a viable revenue plan designed to sustain the expenditure is simultaneously adopted. The Council may appropriate unassigned fund balances for emergency purposes, as deemed necessary, even if such use decreases the fund balance below the established minimum. Monitoring and Reporting The Director of Finance shall be responsible for monitoring and reporting the City's various reserve ' balances. The City Manager is directed to make recommendations to the Council on the use of reserve funds both as an element of the annual operating budget submission and from time to time throughout the fiscal year as needs may arise. Compliance with the provisions of the policy shall be reviewed as a part of the annual operating budget adoption process and subsequent review will be included in the annual audit and financial statement preparation procedures 1 21t IREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 8, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. a. Minutes - June 25, 2011 regular meeting. b. Reports - July 2011 Departmental Reports. C. Payments: • July 2011 monthly bills • Walker Partners - $36,618.84, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $832.50, 2011 Flexible Pavement Rehabilitation project • Schaumburg & Polk, Inc. - $11,727.95, 2009 Sewer Rehabilitation project • Allco, Inc. - $111,036.23, 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. Wanda Hollier, Nederland Heritage Festival, presented grants in the amount of $4,000 each from the Heritage Festival to the Parks & Recreation and Police departments. 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. b. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to appoint individuals to a Work Group to develop a Fair Housing 118 Minutes continued, August 8, 2011 Activity Statement - Texas (FHAST) form related to Hurricane Ike disaster ' recovery assistance. The individuals appointed are: Mayor Nugent, Chris Duque, Gay Ferguson, Ricky Salenga, Mike Laird, and Lorenzo Summerall. Alternates appointed are: Stuart Kieschnick, Richie Salenga, and Jerry Thompson. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Resolution No. 2011-13, approving authorized signators related to the City's Texas Community Development Block Grant program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. d. A motion was made by Councilmember Albanese and seconded by Councilmember Neal approving Ordinance No. 2011-09, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. e. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers authorizing the solicitation of bids for the "Nederland Water Treatment Plant Repairs/Improvements" project. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. f. Budget: Chris Duque, City Manager, reviewed the proposed 2011-2012 annual budget. He stated that the budget is based on a proposed tax rate of $0.578 per $100 assessed valuation; the assessed taxable value increased by 1.667% over the prior tax year. The General Fund is balanced with total revenues and expenditures equaling $8,498,240. The total revenue has increased by 1.2% compared to the adopted FY 10-11 budget. Total expenditures have decreased by 1.7% compared to the adopted FY 10-11 budget. The proposed budget includes a 2.5% COLA in all funds for all regular, full-time employees, including firefighters and police officers as per their respective Collective Bargaining Agreements. The Street Program will receive a total of $750,000; $200,000 for Street Improvements in the Street Department and $550,000 budgeted via the Street Improvement Fund. Mr. Duque noted that the budget includes $18,000 for signs, signals & markers; $6,000 for Street Striping; and $10,000 for rental of equipment for Street Sweeping. The Water and Sewer Fund revenue and expenditures equal $4,429,595. Mr. Duque reported that revenues will increase due to a Utility Rate adjustment effective October 1, 2011 and new customers at the Lakes of Nederland and Sterling Ridge subdivisions. The Solid Waste revenues and expenditures equal $1,308,500. Green Waste Disposal costs were reduced by $47,000 (61%) due to the implementation of a chipping ' program versus incineration. In the equipment fund $138,000 has been budgeted for the purchase of a police detective unit, a patrol vehicle, a police SUV, and a dump truck for the Street Department; $26,000 has been budgeted for a Water 219 Minutes continued, August 8, 2011 & Sewer Distribution mini-trackhoe; and $152,000 has been budgeted for the replacement of a garbage truck. L A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Resolution No. 2011-14, submitting the Nederland Annual Budget for the fiscal year beginning October 1, 2011 and ending September 30, 2012, and calling for a Public Hearing to be held on August 22, 2011 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 Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. ii. A motion was made by Councilmember Albanese and seconded by Councilmember Neal approving a tax rate of .578 per $100 assessed valuation for the fiscal year beginning October 1, 2011 and ending September 30, 2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. iii. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to adopt the tax rate at 4:30 p.m. on September 12, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iv. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to authorize two Public Hearings, one to be held at 4:30 p.m., Monday, August 22, 2011 and the second at 4:30 p.m., Monday, August 29, 2011 to receive questions and/or comments regarding the proposed tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to accept the settlement, pending final legal review and approval, from Wells Fargo Insurance Services USA, Inc., related to employee group benefits consulting services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None Absent: Councilmember Austin. EXECUTIVE SESSION The regular meeting was recessed at 5:11 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. Minutes continued, August 8, 2011 6. RECONVENE The regular meeting was reconvened at 8:15 p.m. by Mayor Nugent. He announced that the Executive Session was held for informational purposes only and that the city manager's evaluation was positive. COMMUNICATION City Manager's Report: Chris Duque reported that the hot -mix asphalt overlay has been completed. S. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 8:17 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. R. A. Nugent, ayor City of Nederland, Texas ATTEST: ,b"2r,- Gay FergLWon, City Cle City of Nederland, Texas 220 1 iJ i 1 NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood R. A. Nugent, or Gey Ferguon, City CIerW- aij,�4 9t Date CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward I Council Member - Ward II Council Member - Ward III Council Member - Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief 1 Director of Public Works Building Official Librarian Human Resources Director Executive Secretary PRESENT 221 ABSENT 22? CITY OF NEDERLAND RESOLUTION NO. 2011-13 WHEREAS, the City of Nederland has been awarded a Texas Community Development Grant for $250,000 from the Texas Department of Rural Affairs, Contract Number 710489, and WHEREAS, this grant will provide a Sewer Service Line Replacement Project, and WHEREAS, the City of Nederland will provide a minimum of $50,000 for local cash match, and WHEREAS, certain documents will need to be signed by authorized persons; NOW, THEREFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT, the below listed individuals are designated by the City Council as authorized signators for the following contractual documents: 1. STATES OF TEXAS PURCHASE VOUCHER: a. City Manager b. City Clerk ' 2. REQUEST FOR PAYMENT: a. City Manager b. City Clerk PASSED AND APPROVED this the 8th day of August, 2011. f - R. A. Nuge City of Nederland, Texas ATTEST: Do D.� Gay Ferg on, City le City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Bran' , Cityrney City f N erland, Texas 1 1 1 a Depository/Authorized Signatories Designation Form TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM Contractor Citv of Nederland 202 TxCDBG Contract No. 710489 The financial lending institution listed here will serve as the depository for. the Texas Community Development Block Grant Program contract funds: Wells Faro Bank, N.A. (Name of Lending Institution) 1423 Boston Avenue (Address) Nederland, TX 77627 (City, State Zip Code) Fund Account Number: 9568198558 ACH ABA$ 111900659 Wires ABA# 121000248 The individuals listed below are designated by resolution as authorized signatories for contractual documents—(At least two (2) Signatories Required) Chris Duque Gay Ferguson (Name) (Name) (Name) (Title) (Signature) City Clerk (Title) �(Signatur (Name) (Title) (Signature) NOTE: A copy of a Resolution passed by the city council or county commissioner's court authorizing the signatories must be submitted along with this form. 223 a_21 ORDINANCE NO. 2011-09 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 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. 2010- 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 Reaulations. 1. All other ordinances and/or regulations governing City of Nederland (CITY) water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the CITY may collect such balances due. SECTION 2. Water and Sewer Svste ms. 1. The water system and sewer system are public utilities operated and maintained by the CITY. The systems shall be operated in accordance with ordinances and policies adopted by the CITY, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage/trash services as provided by the CITY. 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. Proof of ownership to property for which service has been requested, excluding commercial and industrial businesses), shall be provided to the CITY. Proof of ownership shall consist of warranty, deed, deed of trust, or other recordable documentation of fee simple title to the real estate designated to receive service. Owners of rental/lease property shall have the City utilities in their name(s) and are responsible for all charges on the account(s). Owners may place their renters/lessors on the account to receive a duplicate bill and be jointly and severally liable for all charges. Renter/lessors are required to make application when a duplicate bill is requested by Owner; the monthly fee for each duplicate bill requested by the Owner shall be $0.50. 2. Any person and/or business desiring to obtain water service from the CITY shall make application on a form supplied by the CITY. The application shall include: (r 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 j) proof of identification 3. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the CITY. SECTION 4. Installation of Service. 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 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. 2)25 4. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1" Water Tap 450.00 675.00 1 '/2 "Water Tap 650.00 975.00 ' 2" Water Tap 1,400.00 2,100.00 Over 2" Water Tap Cost Cost x 1.5 2)25 2 2 P If street excavation is required, the following fees will be assessed in addition to the fees I listed above: 5. In return for payment of such fee, the CITY shall tap the existing CITY water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection/Taos. 1. The CITY reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing sewer line and/or sewer collection system, the CITY shall provide all materials, labor and equipment to tap the existing sewer line. 3. The CITY shall make the final determination as to the location of the sewer tap. ' 4. The sewer connection fees are as follows: 8" depth/width or less Inside City Outside City (No Street Excavation) (No Street Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more 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/Taos. 1. The CITY reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing sewer line and/or sewer collection system, the CITY shall provide all materials, labor and equipment to tap the existing sewer line. 3. The CITY shall make the final determination as to the location of the sewer tap. ' 4. The sewer connection fees are as follows: 8" depth/width or less Inside City Outside City (No Street Excavation) (No Street Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City Asphalt (No Street Excavation) (No Street Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Sewer Tap Cost Cost x 1.5 8" Sewer Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 21'- 30' 525.00 675.00 , 31'- 40' 700.00 875.00 41'- 50' 850.00 1,050.00 1 1 1 227 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 V Water Meter 1 %" Water Meter 1 3% " Water Meter 2" and Larger Water Meter Inside Ci 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 additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of 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 12 consecutive months shall, at their request, be refunded the full amount of their deposit. SECTION 9. Previous Service - Outstandinq Balance. 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)* $ 8.95 $ 13.45 Each additional 1,000 gallons** (up 2.55 4.30 to 50,000 gallons) Each additional 1,000 gallons 2.56 4.31 above 50,000 gallons Water Line Maintenance — 0.30 0.30 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. 228 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. Garbage Rates. All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rates (per month) $ 17.00 + sales tax' , Additional Container $ 5.25 + sales tax' Sales tax shall be in an amount required by law SECTION 13. Billing and Penaltv. 1. All charges on utility service bills shall be due and payable to the CITY 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 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 15`h day fall upon a weekend, holiday, or any day that the City Hall Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinauencv - 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 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 Inside Ci Outside City First 2,000 Gallons (minimum)' $ 9.10 I $ 14.90 Each additional 1,000 gallons— 3.00 4.45 (up to 50,000 gallons) JI Each additional 1,000 gallons 3.01 4.46 above 50,000 gallons JI Water Line Maintenance — 0.30 0.30 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. Garbage Rates. All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rates (per month) $ 17.00 + sales tax' , Additional Container $ 5.25 + sales tax' Sales tax shall be in an amount required by law SECTION 13. Billing and Penaltv. 1. All charges on utility service bills shall be due and payable to the CITY 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 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 15`h day fall upon a weekend, holiday, or any day that the City Hall Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinauencv - 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 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 229 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 Charqes. 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 $30.00 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 $100.00 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 $50.00 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. 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 customer's 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 24 230 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. Temoorary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed fifteen (15) calendar days. Customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 19. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the CITY. The CITY shall exercise care in the delivery of utility bills, but is NOT responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 20. Deferred Pavments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. The City Manager may ' not develop payment schedules should a customer be unable to pay his/her bill if the outstanding balance is greater than $500.00. 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. I SECTION 21. Sewer Adiustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are 231 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 monthly bills during the previous six-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 monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 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 12 -month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. SECTION 22. Meter Tamnerino. ' 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. The CITY may charge an additional fee, no less than $5.00 per cubic yard per collection for quantities greater than four cubic yards. 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 23? disposal fees. The amount of trash to be collected shall not exceed four (4) cubic t 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. For rental residential property with garbage/trash service with the CITY, the owner of the property must contact the CITY to coordinate the placement of any trash upon the eviction of a tenant or any change in the rental status. The CITY will provide service as soon as possible but the amount of trash shall not exceed four cubic yards; the CITY shall charge the actual cost equivalent to the actual costs of personnel, equipment, and disposal fees but no less than $25.00 for any pile greater than prescribed. Water and sewer service shall not be re -instated until all penalties have been paid. Rental residential property owners who fail to follow this requirement repeatedly may have all services terminated. Appeals of this decision shall be made to the City Manager. SECTION 24. Validation. 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, 2011. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a ' regular meeting this the 8th day of AUGUST 2011. r-- R. A.4etrland, Mayor City oTexas ATTEST: P'FerlAa son, City tlerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: WNderland, ty Attorney Texas 1 l 23:3 CITY OF NEDERLAND RESOLUTION 2011-14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 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, 2011 AND ENDING SEPTEMBER 30, 2012. 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, 2011 and ending September 30, 2012; 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 fiscal year 2011-2012, 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 22, 2011, to approve this budget in the proposed or amended form in accordance with ' Article VII of the City Charter. PASSED AND APPROVED this the 8th day of August, 2011. ATTEST: Wt LA IN ALI� Gay Ferg on, City CI k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: . Jes jBran,City Attorney Ci ofnd, Texas 1 R. ugent, Mayor City of N derland, Texas 23. REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND 4:30 p.m. August 22, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes - August 8, 2011 regular meeting. b. Tax Assessor Collection Report - July 2011 C. Requests: • Consider action approving the street closure of N. 13`h Street from Nederland Avenue to Atlanta Avenue for a "Back to School Bash." • Consider action regarding a request from the Mid -County Noon Optimist Club to waive fees associated with the scheduled Cross Country Meet at Doornbos Park. • Consider action regarding a request from Brian English to utilize the Recreation Center gymnasium for a high school basketball league and a Fall tournament. d. Consider action setting a Joint Public Hearing date of September 26, 2011 for the purpose of receiving comments regarding: • The rezoning request of Lots 1-13, Block 1, and Lots 1, 2 & 7-13, Block 2, J.D. Ford Addition from Light Industrial zoning to Single - Family Residential zoning. • The rezoning request of 1616 Highway 365, Meadowview Trailer Park, a 5.074 acre tract of land described as parts of Lots 3 & 4, Block 14, Range "G" Port Arthur Land Company from Highway Retail to R-4 ' Manufactured Home District zoning. • A Specific Use Permit request for 218 Nederland Avenue, described as Lots 17 and 18, Block 10, Staffen Addition. 23.1) Minutes Continued, August 22, 2011 e. Payments: Carroll & Blackman, Inc. - $1,637.33, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Chris Duque, City Manager, reviewed the Quarterly Investment Report for the quarter ending June 30, 2011. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to accept the Quarterly Investment Report as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the submittal of the 2011/2012 grant application to the Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. C. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to postpone and refer to the City Attorney for further research of the bid received from Mark Dixon for city property located at 1404 South 16"' Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers approving a License to Encorach for 2915 Lawrence Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. Jim Gilley, Coastal Securities, reviewed the City's sale results for the Tax & Revenue Certificates of Obligation, Series 2011. He stated that the City received twelve bids for the sale of the $4.5 million certificates and interest rates ranged from 3.072752 to 3.301907. He recommended that the City sward the sale to The Baker Group at an interest rate of 3.072752. Mr. Gilley said that the bids received were outstanding and very competitive. He added that the City also received an excellent rating from Standard & Poors and they were very complimentary of the City's budgetary and financial practices. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese approving Ordinance 2011-10, authorizing the issuance of the "City of Nederland Tax and Revenue Certificates of Obligation, Series 2011." MOTION CARRIED. L Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 2 3 C Minutes Continued, August 22, 2011 f. Public Hearing: i. The regular meeting was recessed and a Public Hearing was called to order at 4:55 by Mayor Nugent for the purpose of receiving questions and/or comments regarding the proposed FY 2011-2012 Annual Budget. There being no questions and/or comments the Public Hearing for the proposed budget was adjourned at 4:56 by Mayor Nugent. ii.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 2011-2012 was called to order at 4:57 by Mayor Nugent. Chris Duque, City Manager, explained that in accordance with state statues 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 29, 2011 at 4:30 p.m. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:58 by Mayor Nugent. 1 S. EXECUTIVE SESSION I The regular meeting was recessed at 4:59 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. 6. RECONVENE The regular meeting was reconvened at 6:44 p.m. by Mayor Nugent. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve the City Manager's employment agreement for the period September 30, 2011 to September 29, 2012 subject to legal review. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 7. COMMUNICATION City Manager's Report: a. FHAST Work Group progress, Chris Duque reported that the first meeting took place on August 16, 2011 and that it was productive. The next meeting will be on August 25, 2011 at 10:00 a.m. , b. Special City Council Meeting - Monday, August 29, 2011 at 4:30 p.m. an Minutes Continued, August 22, 2011 S. ADJOURN There being no further business a motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to adjourn the meeting at 6:50 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, M or City of Nederlan , Texas ATTEST: -Wa a, P� LY Gay Fergikon, City Cl rk City of Nederland, Texas it" CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent + Mayor I V Talmadge Austin I Council Member -Ward I I V Billy Neal Council Member -Ward II I V Don Albanese Council Member -Ward III V Bert Rogers I Council Member - Ward IV I V Chris Duque + City Manager I V Gay Ferguson J City Clerk I V Jesse Branick City Attorney Cheryl Dowden Director of Finance V Darrell Bush I Police Chief I V Gary Collins I Fire Chief ' V Steve Hamilton I Director of Public Works George Wheeler Building Official Victoria Klehn I Librarian Emily Melancon I Human Resources Director I I/ Joni Underwood I Executive Secretary ,6)�� 4 — R. A. Nugent, or 0014aa4 Iv y erg on, City e af Date ABSENT "A 1 7 1 J. SHANE HOWARD TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON 7 F S� g50N SUSIE JAMES CHIEF DEPUTY EXA�'�R 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 $116,385.56, represents all taxes collected for CITY OF NEDERLAND during the month of July 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 • r Y NE.ijR. A "Dick' Nugent, Mayor p t Bert Rogers, Mayor Pro Tem ? Talmadge Austin, Councilmember 4 y Billy Neal, Councilmember City of Nederland Don ChriAlbastopher Duque,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 June 30, 2011 This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code), which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland anager O,tt.Y� Cheryl Ddwden, Director of Finance "'P1-Ogra..7naled .{OI' PI Ogress" 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2011 Investments at Beginning of Period (4-1-11) Purchases Maturities Investments at End of Period (6-30-11) list Maturity Summary at June 30, 2011 t �i $ 6,014,834.12 1,372.71 0.00 $ 6,016,206.83 ■ Less than 3 months ■ 3 to 9 months ❑ 9 to 12 months ❑ Greater than 12 months -a r City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending June 30, 2011 Fund Allocation at June 30, 2011 Police Narcotics Fund 0.78% Bond Redemption Fund 1.31% Water & Sewer Fund 16.69% Library Fund 0.54% Solid Waste Fund 8.46% Maturities :ral Fund !.22% Balance 06/30/2011 $ 4,345,134.39 32,269.03 1,003,941.10 508,673.56 47,191.36 78,997.39 $ 6,016,206.83 1. 1 1 Balance 04/01/2011 Purchases General Fund $ 4,344,141.34 $ 993.05 Library Fund 32,263.94 5.09 Water & Sewer Fund 1,003,711.65 229.45 Solid Waste Fund 508,557.31 116.25 Police Narcotics Fund 47,180.53 10.83 Bond Redemption Fund 78,979.35 18.04 $ 6119,834.12 $ 1,372.71 $ Fund Allocation at June 30, 2011 Police Narcotics Fund 0.78% Bond Redemption Fund 1.31% Water & Sewer Fund 16.69% Library Fund 0.54% Solid Waste Fund 8.46% Maturities :ral Fund !.22% Balance 06/30/2011 $ 4,345,134.39 32,269.03 1,003,941.10 508,673.56 47,191.36 78,997.39 $ 6,016,206.83 1. 1 1 y Investment Report Schedule ' Investments for the Quarter ended June 30, 2011 Z• . CERTIFICATES OF DEPOSIT Interest Earned Certificate Purchase Maturity Days to Interest for Quarter ended Number Date Date be held Rate Face Amount June 30, 2011 Held at June 30, 2011 Library Special Fund 5713564135 01/04/2011 01/04/2012 365 0.10% $ 10,000.00 2.47 Total Interest Earned on CDs for the quarter ended June 30, 2011 $ 2.47 Total Certificates of Deposit held at June 30, 2011 $ 10,000.00 1 1 'os Investment Report Schedule Investments for the Quarter ended June 30, 2011 INVESTMENT POOL - TEXPOOL Totals for TEXPOOL Investments Period Held General Fund 04/01/11 06/30/11 Water & Sewer 04/01/11 06/30/11 Bond Redemption Fund 04/01/11 06/30/11 Library Special 04/01/11 06/30/11 Solid Waste Fund 04/01/11 06/30/11 Police Narcotic Fund 04/01/11 06/30/11 Totals for TEXPOOL Investments $ 6,004,834.12 $ 1,372.71 $ 6,006,206.83 1 1 1 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value 1 0.092% $ 4,344,141.34 $ 993.05 $ 4,345,134.39 1 0.092% 1,003,711.65 229.45 1,003,941.10 1 0.092% 78,979.35 18.04 78,997.39 1 0.092% 22,263.94 5.09' 22,269.03 1 0.092% 508,557.31 116.25 508,673.56 1 0.092% 47,180.53 10.83 47,191.36 $ 6,004,834.12 $ 1,372.71 $ 6,006,206.83 1 1 1 1 1 Investment Report Schedule Investments for the Quarter ended June 30, 2011 INTEREST EARNED ON DEMAND DEPOSITS Average Interest Earned Days to Interest Quarter ended Period Held Maturity Rate June 30, 2011 Bond Redemption Fund 04/01/11 06/30/11 1 0.177% $ 66.84 Capital Outlay Fund 04/01/11 06/30/11 1 0.177% 90.28 Court Technology Fund 04/01/11 06/30/11 1 0.177% 1.68 Equipment Replacement Funds 04/01/11 06/30/11 1 0.177% 746.77 Fire Department Special Fund 04/01/11 06/30/11 1 0.177% 11.19 General Fund 04/01/11 06/30/11 1 0.177% 1,453.46 Library Special Fund 04/01/11 06/30/11 1 0.177% 21.80 MCML Dispatch 04/01/11 06/30/11 1 0.177% 108.87 Motel Occupancy Tax Fund 04/01/11 06/30/11 1 0.177% 8.58 Parks & Recreation Special Fund 04/01/11 06/30/11 1 0.177% 9.11 Police Narcotic Fund 04/01/11 06/30/11 1 0.177% 55.88 Solid Waste Fund 04/01/11 06/30/11 1 0.177% 419.48 Street Improvement Fund 04/01/11 06/30/11 1 0.177% 423.21 SSES Fund 04/01/11 06/30/11 1 0.177% 168.07 Wastewater Construction Fund 04/01/11 06/30/11 1 0.177% 1,130.52 W & S Certificate Fund 04/01/11 06/30/11 1 0.177% 63.48 Water & Sewer Fund 04/01/11 06/30/11 1 0.177% 103.20 $ 4,882.42 :or`' 41 Investment Report Schedule June 30, 2011 Interest Earnings for Quarter Ended June 30, 2011 Bond Redemption Fund $ 84.88 Capital Outlay Fund 90.28 Court Technology Fund 1.68 Equipment Replacement Funds 746.77 Fire Department Special Fund 11.19 General Fund 2,446.51 Library Special Fund 29.36 MCML Dispatch 108.87 Motel Occupancy Tax Fund 8.58 Parks & Recreation Special Fund 9.11 Police Narcotic Account 66.71 Solid Waste Fund 535.73 Street Improvement Fund 423.21 SSES Fund 168.07 Wastewater Construction Fund 1,130.52 W & S Certificate Fund 63.48 Water & Sewer Fund 332.65 $ 6,257.60 1141 1 1 g /, j 16 1 " �^ y YY" 13 ; J ) ( 2 -�/ 335 Ao 3,s 71 n 1 f LICENSE TO ENCROACH THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, on the date last indicated below, the City of Nederland, a municipal corporation, situated in Jefferson County, Texas, hereinafter referred to as "Licensor", and Glenn A. Mabry joined pro forma by wife, Stella J. Mabry, as Owner, of Jefferson County, Texas, hereinafter referred to as "Licensee", whether one or more, contracted and agreed as set forth herein; and, WHEREAS, Licensee owns the property known as 2915 Lawrence Avenue, Nederland, Jefferson County, Texas, the same being more fully described as Lot Number Three and the East Thirty-five feet of Lot Number Two (3 & E. 35' of 2), in Block Number Ten (10) of HELENA PARK SECTION 2 to the City of Nederland, Jefferson County, Texas; as the same appears upon the map or plat thereof, on file and of record in Volume 10, Page 161, Map Records of Jefferson County, Texas; and, WHEREAS, Licensee desires a license from Licensor to use the 15' rear utility easement on said property for the following purpose, to wit. for a 15' encroachment into the 15' rear utility easement with an existing decorative rock waterfall, a 3' encroachment with an existing pool ' structure, a 3' encroachment with an existing pool concrete deck, a 3' encroachment with an existing pool bath house and a 15' encroachment with an existing open patio, all of said encroachment being more particularly described on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Licensor hereby grants Licensee a license to use the 15' rear utility easement as described above, all as shown on the EXHIBIT "A" attached hereto, and subject to all the terms and conditions hereof. The subject property may continue to be occupied by Licensee solely in connection with existing structures as indicated by the drawing in the aforementioned EXHIBIT "A" and for incidental purposes related thereto. This license shall terminate upon decision of the City Council of Nederland as described below or upon the removal or demolition of said encroachment, as herein depicted on the aforementioned EXHIBIT "A". Improvements shall not be made upon any existing encroachment without first obtaining the written consent of Licensor and giving notice to Licensor, in writing, of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. In the event the City of Nederland, by Resolution of the City Council of such City determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public and it terminates this license, or any part thereof, Licensee shall not receive any compensation and the City of Nederland, Texas, shall not be liable therefore, whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss I 1 1 flat 2~ ' of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor against, and pay in full, for all claims, losses, damages, lawsuits, costs or expenses, that Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure, or the removal of same, and expressly including, but not limited to, such damages, etc. caused by or resulting from the negligence or misconduct of Licensor, its agents, employees, invitees, and assigns. It is further agreed between the parties that this License shall be construed as a covenant running with the land and shall be binding upon and shall inure to the benefit of Licensee and subsequent owners of said property. Licensor, and any franchised utility of Licensor, reserves the right to make improvements, perform maintenance and construction to the easement or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain any claims against such parties for any such damage sustained by Licensee to said encroachment structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. This license shall be recorded in the real property records in the Office of the County Clerk of Jefferson County, Texas, by Licensor. ' This license is neither assignable nor transferable except in conjunction with and as a part of Licensee's conveyance of all the abutting property their license serves through probate or warranty deed or lease. In any event, Licensor shall be notified of such occurrence by delivering a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if mailed or hand -delivered to the Office of the City Manager, City of Nederland, Jefferson County, Texas. Any notice to Licensee shall be sufficient if mailed or hand -delivered to Licensee at 2915 Lawrence Avenue, Nederland, Texas 77627. EXECUTED this day of 2011. n A STED: Gay Fergus , CityClerk A7-/� C f JAttorney Manager y 1, LICENSEE: Glenn Arw 1}h 'Ste J. THE STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on _0JW, `� `J 2011 by Glenn A. Mabry. Q BETH A MERREN z��e Notary Public, State of Texas ` b My Commission Expires G*+�-� (1\ I r �Y �:;�;; July 31, 2015 Notary Public, State of Texas This instrument was acknowledged before me on .2011 by Stella J. Mabry. +y ;w C...( Notary Public State of Texas BETH ic M Notary Public, Statetate of Taxes z y f My Commission Expires July 31, 2015 3 1 1 1 „9„ ZIHIm Nr � Vl/ www/1! I � Q ell �,�a. • - � .�•, ;�- - - - -�- - y' �--� A�� •.'"ter; -'-F - - - - - - - - 7-,: I ` i -;as SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND .4:30 p.m. August 29, 2011 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. The Invocation and Pledge of Allegiance were lead by Mayor Pro Tem Rogers. 2. PROCLAMATION The presentation of a Proclamation was postponed until the recipient could be present. 3. PUBLIC HEARING The special 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 proposed tax rate of $0.578 per $100 assessed valuation for the Fiscal Year 2011-2012. ' 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 12, 2011 at 4:30 p.m. There being no questions and/or comments the Public Hearing was adjourned and the special meeting was reconvened at 4:33 p.m. 4. APPOINTMENTS A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to appoint Kirk Gillespie to the Zoning Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. S. REOUESTS A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve a request from Randy Rich to utilize the Nederland Recreation Center gym for winter Futsal season. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. I aas Minutes continued, August 29, 2011 ' A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve a request from Ridgewood Christian School to have a "Bike-A- Thon" at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 6. CONTRACTS Troy Whitehead, Schaumburg and Polk, Inc., reported that field investigations indicated there were line segments that were scheduled to be removed that did not require replacement. Those will be removed from the scope of work and others requiring replacement will be added. He also advised that the manhole on Twin City Highway at Elgin will need to be replaced due to the significant damage by highway traffic. Chris Duque, City Manager, explained that at the June 8, 2009 meeting the 2009 Sewer Rehabilitation project was awarded to Allco, LLC in the amount of $3,091,552.47. The project budget was $4.2M. Previously City Council approved Change Order No. 1 in the amount of $604,300.21 and Change Order No. 2 in the amount of $21,300. With the original award and Change Orders No. 1, No. 2 and No. 3 the total is $3,822,139.44 or 23.6%, which is below the maximum permitted by state statute. ' A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Change Order No. 3 in the amount of +104,986.76 for 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to approve a Work Authorization with Carroll & Blackman, Inc. in regards to the Phase II MS4 Permit Implementation Services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a Work Authorization with Carroll & Blackman, Inc. for engineering and scientific consulting services regarding renewal of the Wastewater Treatment Plant MSGP Permit. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes., None. Discussion and possible action regarding a Wastewater Treatment Plant Operation and Maintenance Agreement with Severn Trent Environmental Services, Inc. Dave Gentry, Regional Manager for Severn Trent, explained that this agreement was an amendment to an existing agreement. The amendment included a 5 -year renewal extension instead of an annual renewal. The cost per year will be $575,000 beginning October 1, 2011. This isa reduction of $60,200.00 from the current year's contract amount. He advised that this amendment would allow for a 253 254 Minutes continued, August 29, 2011 Consumer Price Index increase as published by U.S. All Services Index but would not I exceed 3% of the published index. Chris Duque, City Manager, explained that the 5 -year agreement period was beneficial to both parties. It would provide planned projection for budgeting purposes and that negotiations annually were very time consuming. Councilmember Neal said that the wastewater treatment plant has operated better since Severn Trent has taken over and that they have done a good job. 7. EXECUTIVE SESSION The regular meeting was recessed at 5:00 by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Consultation with City Attorney - Wastewater Treatment Plant Operations and Maintenance Agreement with Severn Trent Environmental Services, Inc. S. RECONVENE The regular meeting was reconvened at 6:14 by Mayor Nugent. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers approving the Amended and Restated Operation and Maintenance Agreement with I Severn Trent Environmental Services, Inc., extending until September 30, 2016 pending legal review. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 9. ADJOURN There being no further business a motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to adjourn the meeting at 6:15 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, May City of Nederland, exas ATTEST: Gay Fergu n, City Cler4, City of Nederland, Texas mss' E CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �J Talmadge Austin Council Member - Ward I v Billy Neal Council Member - Ward II V Don Albanese Council Member -Ward III Bert Rogers Council Member -Ward IV 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 1� Steve Hamilton Director of Public Works George Wheeler Building Official V Victoria Klehn Librarian Emily Melancon Human Resources Director Joni Underwood Executive Secretary .. 74 vv R. A. Nugent, yor ' Gay Fergusl6n, City Clerk August 29, 2011 Date I ,. ,., eq . 0256 WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 4:30 p.m. September 6, 2011 The work session was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland Economic Development Corporation Office Building, 1903 Atlanta Avenue, Nederland, Texas. See attached for quorum. 1. DISCUSSION WITH NEDERLAND CITY COUNCIL AND NEDERLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS RELATED TO THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. The Nederland City Council and Nederland Economic Development Corporation Board of Directors had discussion regarding the accomplishments of the Nederland Economic Development Corporation as well as its future. With the resignation of the Executive Director, effective August 31, 2011, there was discussion on the vision of the Corporation; whether changes should be made or if the mission of the Corporation is being met. The consensus of the group was that the Nederland Economic Development Corporation has been successful in bringing businesses into Nederland especially among the small businesses. Suggestions made during the workshop were annual reporting of accomplishments, more publicity to the citizens, and finding the "right" person as the new Executive Director. 3. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:23 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, ayor City of Nederland, Texas ATTEST: h o..,.�- ��JA fv Gay Fergus , City Clerk U City of Nederland, Texas 1 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon I Joni Underwood � r' AR:A. oue y o r JjFergutsdn, City Clerk September 6, 2011 Date TITLE Mayor Council Member - Ward I Council Member - Ward II Council Member - Ward III Council Member - Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary PRESENT V V ABSENT 257 4:30 p.m. MEETING 258 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' September 12, 2011 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 Mayor Pro Tem 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 Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. a. Minutes: August 22, 2011 regular meeting and August 29, 2010 special meeting b. Reports—August 2011 Departmental Reports c. Payments: • August 2011 monthly bills • Carroll & Blackman, Inc. - $2,066.35, Avenue H Sanitary Sewer Siphon project • Walker Partners - $31,214.86, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $7,692.50, 2009 Sewer Rehabilitation project • Schaumburg & Polk, Inc. - $1,335.00, 2011 Flexible Pavement project • Schaumburg & Polk, Inc. - $620.00, Wastewater Discharge Permit • Allco, Inc. - $97,207.06, 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to award bid to Brystar Contracting in the amount of $104,820 for the Sanitary Sewer Siphon Replacement on Avenue H. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 1 tit{ inutes continued, September 12, 2011 b. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve Resolution No. 2011-15, nominating Charles Lankford as ' a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to reappoint Joella Harvey and Stephanie Gallagher to the Nederland Parks Advisory Board for a term of February 1, 2011 through January 31, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. d. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to approve an intergovernmental contract with Jefferson County for jail facility services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Change Order No. 1, 2011 Flexible Pavement Rehabilitation project (LD Construction). Change Order #1 reflects the final quantity of the project including the City -requested extension of pavement on South 12`h Street (approximately 150 feet). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. ' Noes: None. f. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a payment to LD Construction in regards to the 2011 Flexible Pavement Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. Chris Duque, City Manager, reported that the total project cost for the 2011 Flexible Pavement Rehabilitation project, including Change Order #1, is 452,364.09. The project contract provided 75 calendar days for completion. Based on a letter from Schaumburg & Polk, Inc., dated August 31, 2011, LD Construction exceeded the contracted time by 53 calendar days. The project contract stipulates liquidated damages in the amount of $300 per calendar day which equals $15,900. If City Council wishes to assess the liquidated damages from the retainage of $22,618.20, the final payment would be $6,718.20. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to approve final payment and release of retaining in the amount of $6,718.20 to LD Construction in regards to the 2011 Flexible Pavement Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ' h. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve the purchase of easements related to the Water Treatment Plant Improvements/Repairs project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 259 4'kJ& Minutes continued, September 12, 2011 290 L Budget: ' A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve Ordinance No. 2011-12, an appropriation ordinance adopting a budget in accordance with Article VII in Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. j. Taxes: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Rogers to set the maintenance and operation portion of the property tax rate at $0.370566 for FY 2011-2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. H. A motion was made by Councilmember Neal and seconded by Councilmember Austin to set the interest and sinking fund portion of the property tax rate at $0.207434 for FY 2011-2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. iii. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2011-13, adopting the tax rate for fiscal year beginning October 1, 2011 and ending September 30, 2012, and move that the property tax rate be increased by the adoption of a tax rate I of $0.578000 which is effectively a 0.54 percent increase in the tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Austin to ratify the property tax revenue increase reflected in the budget adopted for FY 2011-2012. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. k. Policies/Procedures A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve amending the Wage and position Classification Plan - "Acting Status" pay, (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve amending the Safety Footwear Program Standard Operating Procedure, (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A motion was made by Councilmember Austin and seconded by Councilmember I Neal to approve amending the Cell Phone Allowance Standard Operating procedure, (see attached). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Minutes continued, September 12, 2011 ' I. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2011-14, increasing the Compensation for Mayor and City Council members. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: Mayor Pro Tem Rogers. 5. EXECUTIVE SESSION Mayor Nugent announced that it will not be necessary to conduct the scheduled Executive Session. 6. COMMUNICATIONS City Manager Report: a. Construction Project Update - the Bid Opening for the Wastewater Treatment Plant will be Wednesday, September 14, 2011. Mr. Duque thanked Cheryl Dowden and her staff for their work on the budget process. He also thanked all city employees for understanding the tough times we are going through while developing the budget. 7. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:25 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. J:��)/ R. Q. Nugent, Mayr�r City of Nederland, Texas ATTEST: 9�0-4,4- a 14-V� ay FergusYn, City Clerk City of Nederland, Texas 1 261 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Talmadge Austin Council Member — Ward I /� v Billy Neal Council Member — Ward II Don Albanese Council Member — Ward III v Bert Rogers Council Member — Ward IV Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance v Darrell Bush Police Chief Gary Collins Fire Chief v Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Emily Melancon Human Resources Director Joni Underwood Executive Secretary 410/(4/awx� R. A. Nugent, May PerguOn, City Clerk September, 12, 2011 Date 262 1 1 1 1 CITY OF NEDERLAND RESOLUTION NO. 2011-15 STATE OF TEXAS COUNTY OF JEFFERSON .263 WHEREAS, the City Council of the City of Nederland, Texas at its regularly scheduled meeting of September 12, 2011, in accordance with the Property Tax Code of the State of Texas, hereby nominates Charles Lankford as a candidate for the Board of Directors of the Appraisal District established for Jefferson County for a two-year period term to expire December 31, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Manager is hereby directed to present this nomination to the Chief Appraiser of the Jefferson County Appraisal District on or before October 15, 2011, in accordance with said Statute. PASSED AND APPROVED AND ADOPTED this 12th day of September 2011. Bert Rogers, M9ydr Pro Tem /�LA / V ' i, 'Billy Neal, Council Member Ward II ATTEST: PaCC� City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: -_ lam_ Jess Bran c , City Attorney City of N erland, Texas R. Nugent, yor City of Nederland, Texas Talmadge Council Member Ward I Don Albanese, Council Member Ward III :#S 764 INTERGOVERNMENTAL CONTRACT ' BETWEEN JEFFERSON COUNTY, TEXAS AND CITY OF NEDERLAND, TEXAS STATE OF TEXAS COUNTY OF JEFFERSON THIS CONTRACT is executed this the 12 TE day of SEPTEMBER, 2011 by and between the COUNTY OF JEFFERSON, STATE OF TEXAS, called "County" and the CITY OF NEDERLAND, TEXAS, a home rule City of Jefferson County, Texas, hereinafter called "City", under the terms, authority and provisions of Section 791 of the Texas Government Code. WHEREAS, it has been found and determined by the , Commissioners' Court of Jefferson County, Texas, and by the City Council of the City of Nederland, Texas, that it is advantageous to each named governmental entity that services can be exchanged between the County and the City with regard to the governmental functions hereinafter described, and that the exchange of such services will result in increased efficiency and economy to the citizens of each such governmental entity with regard to the described governmental functions: NOW, THEREFORE, in consideration of the covenants, conditions and undertakings hereinafter described, it is agreed: 1 265 1. The contractual relationship created in this agreement shall begin on October 1, 2011 as reflected above and shall continue until terminated by either of the parties as hereinafter provided in paragraph 10. 2. The County and the City paying for the performance of governmental functions and services described in this. contract shall make payment therefore from current revenues available to the paying party. 3. The authority of each political subdivision to perform a contractual service under this contract includes the authority to apply the rules, regulations, and ordinances of the political subdivision provided the services ' contemplated by this agreement'. 4. During the existence of this contractual relationship, the County shall maintain a jail facility which will, as nearly as possible, conform to the physical and operational requirements of Chapter 351 and Sec. 351.001, Texas Local Government Code. All property, real and personal, necessary to the maintenance and operation of such jail, and all personnel required for the operation of such facility shall be furnished by the County at the expense of the County. The City may, at its option, lodge all persons arrested by City Police Officers who are to be detained in ' the jail facility of the County. The detention of such s ,. person the County Jail shall be subject to the control of ' the appropriate court with whom an information, complaint,. indictment, or other legal process may be filed. 5. It is specifically agreed that jail facilities of the County shall remain under the control of the Commissioners' Court of Jefferson County, Texas, and that the Sheriff of Jefferson County, Texas shall maintain authority and his responsibility arising under the statutes of this state to exercise full control over the operation of the jail facility. In a period of emergency when the jail facility becomes overcrowded or if other conditions arise which make it necessary for the Sheriff of the County to restrict the number of prisoners placed within the facility, then, ' during such emergency, the Sheriff may decline to imprison those persons charged with Class C misdemeanors in the Municipal Court of the City. The extent and duration of the emergency shall be determined by the Sheriff of Jefferson County and his determination in that regard shall be final and not subject to review by the governmental bodies of the City or County. 6. It is mutually agreed between the parties hereto that upon presentation by a City police officer of a City prisoner, the Sheriff will book the City prisoner in the Jefferson County jail and be responsible for the care and custody of ' 267 331.06 the City prisoner and his or her property. The Sheriff further agrees that he will not release from custody a City prisoner who has been booked into the Jefferson County jail until his or her release is lawfully ordered, bail bond or recognizance is furnished, or such prisoner is released to the City or other responsible officials or parties. 7. The City shall be responsible for the transportation of prisoner from the jail to the City Municipal Court. The City will be responsible for processing all City prisoners through its indemnification procedures, before booking said prisoners into the County jail, but the Sheriff may, at his ' option, booked in fingerprint and photograph all City prisoners the County jail. 8. In the furnishing of jail facilities under this contract, until he or she becomes a County prisoner any civil liability relating to the furnishing of those services shall be the responsibility of the governmental unit which would be responsible for furnishing such services in the absence of this contract or agreement. 9. Should a prisoner incarcerated hereunder require medical treatment in a hospital, at the sole discretion of the doctor in charge of the County infirmary, expenses of such emergency or extraordinary medical or surgical treatment 268 shall be the responsibility of the City until he or she' ' becomes a County prisoner. 10. Either City or County may, upon thirty (30) days advance notice in writing, terminate this contract. 11. The City shall pay to the County for the housing of City prisoner $55.00 per day, payable month. That $55.00 per day charge will be broken down into six -hour segments to be charged at $13.75/segment for any day, after the first day, until the prisoner becomes a County prisoner or is. released. 12. The fee, as established by Paragraph 11, and commencing October 1, 2011 shall be adjusted annually on each October lst thereafter based on the Consumer Price Index (CPI)but ' shall not exceed three percent (3%), plus or minus. 13. It is further agreed that during the term of this agreement, the City will be solely responsible for collecting any fines and/or bonds assessed by the City's Municipal Court against any inmate who is the subject of this agreement. 14. The provisions of this contract shall be cumulative of all provisions of the statutes of the State of Texas and all provisions of the City Charter and ordinances of the City of Nederland, Texas. By the execution of this contract, neither the County or City waive defenses of ' governmental 1 1 1 immunity to tort liability available to each of them under the laws of the State. of Texas or the United States and, insofar as the City is concerned, the City Charter of the City of Nederland, Texas. EXECUTED this the 12TH day of SEPTEMBER, 2011. Recommended by: JEFFERSON COUNTY DETENTION CENTER ATTEST: Jefferson County, Texas Mitch Woods, Sheriff APPROVED: ATTEST: Jefferson County, Texas ATTEST: INW vI /i:. /_II Jeff R. Branick n County Judge topper Duque City\\Manager 269 v., 270 CITY OF NEDERLAND ORDINANCE NO. 2011-12 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, 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, 2011 and ending September 30, 2012. 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 22, 2011, 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, four hundred ninety-eight thousand, two hundred and forty dollars and no cents ($8,498,240.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: ' a. City Council $15,370 b. Legal $63,595 c. City Manager $376,925 d. Finance $269,320 e. Personnel $192,270 f. Civil Service $4,100 g. City Hall $59,150 h. Police $2,862,690 i. Police -Prisoner Extra Help $45,260 j. Emergency Management $44,650 k. Fire $1,383,490 1. Fire Volunteers $16,620 in. Inspections $204,585 n. Public Works Administration $259,385 o. Street Department $975,350 p. City Shop $162,230 q. Parks & Recreation $460,540 r. Library $451,710 s. Other Requirements $651,000 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, five hundred fifty-one thousand, five hundred and twenty-three dollars and no cents ($2,551,523.00) to the Debt Service Fund for payment of principal and interest on outstanding City debt. Section 3 - WATER & SEWER FUND. That there be and is hereby appropriated the sum of Four million, four hundred twenty-nine thousand, five hundred ninety-five dollars and no ' cents ($4,429,595.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: 1 27.1 a. Water Treatment $1,319,810 b. Billing/Collections $326,290 c. Wastewater Treatment $743,665 d. Water & Sewer Distribution $910,770 e. Other Requirements $1,129,060 Section 4 — SANITARY SEWER EVALUATION FUND(SSES). That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents ($25,000.00) 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 eight thousand, five hundred dollars and no cents ($1,308,500.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6 - EOUIPMENT REPLACEMENT FUND -GENERAL,. That there be and is hereby appropriated the sum of One hundred thirty-eight thousand dollars and no cents ($138,000.00) to the Equipment Replacement Fund -General for the payment of necessary capital outlay. Section 7 - EOUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of Twenty-six thousand dollars and no cents ($26,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - EOUIPMENT REPLACEMENT FUND -SOLID WASTE. That there be and is hereby appropriated the sum of One hundred fifty-two thousand and no cents ($152,000.00) 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 Four thousand and no cents ($4,000.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of Eighty-seven thousand, six hundred dollars and no cents ($87,600.00) 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-two thousand, three hundred dollars and no cents ($62,300.00) 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 thousand dollars and no cents ($20,000.00) 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 fifty-one thousand dollars and no cents ($551,000.00) to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 15 - MID -COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND,. That there be and is hereby appropriated the sum of Nine hundred fifty-three thousand, three hundred forty dollars and no cents ($953,340.00) 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, 2011 and ending September 30, 2012. "S 27i 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 ofrevenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2011, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1, 2011 and ending September 30, 2012, 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 12TH DAY OF SEPTEMBER, 2011. ATTEST: JA Tru' Gay Fergusk City Clerkkt U City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: L� JOeBr k, City Attorney Cerland, Texas 1 Rugent—Iayor City of Nederland, Texas , 1 1 1 1 FY 2011-2012 BUDGET HIGHLIGHTS GENERAL FUND ❖ The budget is balanced with total Revenues and total Expenditures equaling $8,498,240 ❖ Total revenue has increased by 1.2% compared to the adopted FY 10-11 budget ❖ Based upon maintaining Tax Rate of $0.578 per $100 assessed valuation; the assessed taxable value increased by 1.677% over the prior tax year ($15,844,216) Sales Tax Revenue - $2.337M (assumes flat revenue) ❖ Total expenditures have decreased by 1.7% compared to the adopted FY 10-11 budget 2.5% COLA for all regular, full-time employees, including firefighters and police officers (as per their respective CBAs) ❖ TMRS cost savings while maintaining 7% at 2 to 1 match (SB 350 passed by State Legislature) ❖ Fund $50/month raise for City Council reimbursement ❖ Public Safety represents the majority of the General Fund budget (51%) ❖ 2011/2012 Street Program budget $750,000: $200,000 for Street Improvements in Street Department and $550,000 budgeted via the Street Improvement Fund ❖ $18,000 for Signs, Signals & Markers, $65,500 for Street & Bridge Supplies, $6,000 for Street Striping, and $10,000 for Street Sweeping (rental equipment) ❖ Purchase replacement toddler playground equipment for Doornbos Park ❖ Book budget for the Library $23,000 $145,000 for Street Lights ❖ $27,000 for the Senior Citizen Center ❖ $5,000 for Preventative Care Reimbursement ❖ $20,000 for Retiree Accrued Compensation ❖ $110,000 for Contingency ❖ $175,000 to transfer to the Equipment Replacement Fund—General WATER & SEWER FUND The budget is balanced with the total amount of Water and Sewer Fund revenue and expenditures both equaling $4,429,595 Revenue will increase due to a Utility Rate adjustment effective October 1, 2011 and new customers at the Lakes of Nederland and Sterling Ridge subdivisions 2.5% COLA for all regular, full-time employees $170,000 for Untreated Water (anticipate LNVA raw water rate increase) $82,000 for preventative maintenance (interior painting) of the Hardy Water Tower $743,665 for operational costs of the Wastewater Treatment Plant; City Council unanimously elected to retain Severn Trent (contract cost reduced from $635,200 to $575,000) $106,000 for Water & Sewer Mains and $35,000 for Water Distribution Lines $229.212 for Contingency (considerably larger than previous years due to concerns with lingering effects of 2011 drought) $260,000 transferred to the General Fund $25,000 transferred to the Equipment Replacement Fund -Water and Sewer $25,000 transferred to the SSES Project Fund $544,948 transferred to debt service; $281,022.50 for Water Plant project Nederland Water Treatment Plant Repairs/Improvements project will be funded via debt funds deposited in special construction fund 273 :SPLID WASTE FUND '274 The budget is balanced with revenues and expenditures equaling $1,308,500 s� 2.5% COLA for all regular, full-time employees �o Green Waste Disposal costs were reduced by $47,000 or 61% due to implementing chipping ' program versus incineration $5,000 allocated in Contractual Services for the Recycling Pilot Program $34,170 for Contingency $155,000 transferred to the General Fund $200,000 transferred to Equipment Replacement Fund -Solid Waste Fund EQUIPMENT REPLACEMENT FUNDS GENERAL—$138,000 allocated for the purchase of a police detective unit, a patrol vehicle, a police SUV, and a dump truck for the Street Department. The non - allocated remainder will be utilized in the event that vehicles must be replaced during the course of the fiscal year WATER & SEWER—$26,000 for Water & Sewer Distribution mini-trackhoe SOLID WASTE—$152,000 for replacement garbage truck OTHER FUNDS ❖ CENTRAL DISPATCH FUND—the budget reflects an increase of $84,028 over the current fiscal year; the majority of this is the result of increasing annual, re -occurring costs of the Port Security Grant. The MCML member city contribution formula has been adjusted to reflect growing Information Technology costs (Nederland's costs would have been greater without ' the formula adjustment). ❖ SSES PROJECT FUND—the proposed budget is $25,000 which includes funding for system testing/analysis and sewer line repair. These funds will be in addition to those from the bond issue approved in May 2008. ❖ STREET IMPROVEMENT FUND—$551,000 will be expended; with lagging sales tax revenue; this dollar amount is lower than previous years. HOTEL/MOTEL FUND—the proposed Hotel/Motel Fund budget is anticipated to finish FY 2011-2012 with expenditures exceeding revenues by $2,300. ❖ NEDC—the Nederland Economic Development Corporation has submitted a balanced budget of $609,500. 1 1 27,% ORDINANCE NO. 2011-13 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2011, LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City ofNederland, subject to ad valorem taxes for the tax year 2011, was fixed by Roland R. Bieber, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,031,420,900; 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 .19 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY -$1.28; 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 $1,031,420,900, shall become the tax assessment rolls of the City of Nederland for the year 2011, less all exemptions provided by either State Law or City ordinance in the amount of $70,686,100. SECTION 2: - That there is hereby levied for the current year, 2011, 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, 2012 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), 37.0566 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 20.7434 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying interest and principal of Three hundred eighty-two thousand, one hundred twenty-four dollars ($382,124.00) on the Certificates of Obligation, Series 2002, 3.952653 cents on each one hundred dollars ($100) valuation of property. 1 _,��'S •. 276 For the purpose of paying interest and principal of Three hundred twenty-nine I thousand, eight hundred dollars ($329,800.00) on the General Obligation Bonds, Series 2008, 3.41142 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying interest and principal of One million, two hundred ninety- three thousand, four hundred fifty dollars ($1,293,450.00) on the General Obligation Refunding Bonds, Series 2010, 13.379327 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 2011 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 12' DAY OF SEPTEMBER, A.D., 2011. ATTEST: 4 - o) k . �Lain, j— a�r n, City Cl City of Nederland, Texas APPROVED TO FORM AND LEGALITY: _-- �� Je e B City Attorney tty of N erland, Texas 1 R. A. Nugent, ayor City of Nederland, Texas 1 �' � • ' 27'7 ' CITY OF NEDERLAND WAGE AND POSITION CLASSIFICATION PLAN Effective Date: October 1, 2011 1.0 Salary Structure The City's salary structure is fair and equitable in rewarding employees for outstanding work performance that contributes to the overall success and effectiveness of services provided for the citizens and businesses of Nederland. A salary structure defines the pay opportunities for jobs within the City. The goals of a well established salary structure are: A. Internal Equity - Evaluating jobs in the same grade having the same salary range. B. External Equity - Pricing jobs to relate to the marketplace (other cities) in accordance with the City's pay policies. C. Individual Equity - Higher levels or progression of pay are available to employees with exceptional work performance through advancement in the pay grade or ' through promotion to higher level jobs. There are two primary factors in establishing and maintaining a sound salary structure: first, the job evaluation -classification process and secondly, salary surveys. 1.1 Job Evaluation/Classification System All jobs are evaluated to determine their relative worth in terms of the levels of skills, efforts, responsibilities, and working conditions associated with the jobs. The job evaluation system is a point method system. This method establishes and defines factors that measure the value of a job. Such factors are education, experience, knowledge, responsibility, work condition, authority, and others. An assigned weight or degree for each factor is determined by the importance of each factor for a job. Based on the total points assigned, a job is placed within a classified pay grade. An effective job evaluation/classification system is based upon the following principles: A. Jobs, not people, are classified. B. Its basis is not the qualifications, competence, or seniority of the employee ' in positions. .. 278 C. As nearly as possible, it places all positions sufficiently alike in categories I which warrant the same pay, selection, title, and specifications. D. It provides the foundation for a viable and current system of personnel management; but to maintain a viable and current system, it must be revised when duties and responsibilities of positions change. E. It is based upon current assessment of facts, not upon historical data or future expectations. 1.1.1 Pay Grades A minimum and maximum dollar value is placed on each pay grade. Progression within each pay grade is based upon subsequent anniversary dates. 1.1.2 Pay Steps Each pay grade includes a minimum and maximum rate with an approximate 6% step variance between each pay step to allow some significant pay differences. The pay steps allow employees to progress within the pay grade according to anniversary dates and comparable pay for like jobs. The highest step (maximum rate) represents the maximum ' pay allotted to that job or the individual in that job. 1.1.3 Job Description Each employee must know and understand the overall purpose and specific responsibilities of a job in order to successfully perform that job. Therefore, every position should have a current and approved job description. A job description: A. Helps to promote understanding between the Department Head/Supervisor and the employee of the duties and responsibilities of the position. B. Evaluates the importance of each position relative to others in the City. C. Compares with jobs in the external marketplace and with other cities of comparable size and structure. D. Serves as a basis for making specific assessments about how each of the assigned responsibilities is being carried out. 1 '279 ,iris. • . ' 1.2 Salary Surveys The second key factor in maintaining a sound salary structure is determining what other cities pay for comparable jobs. This assists in establishing the minimum and maximum pay rates within pay grades. Salary surveys are periodically conducted to determine what other cities, within the local area, pay for comparable jobs and to ascertain competitive pay rates for those jobs. 2.0 Salary Schedule Several different factors are incorporated in developing an equitable salary structure, such as considering an employee's growth, stability, and performance. These factors are considered in the following manner: 2.1 Hiring Step: The hiring step for each job is based on internal equity and individual equity. 2.2 New Hires: All new employees must be placed on the salary schedule at the designated hiring step. If an applicant has all of the desirable education, knowledge and skills, that applicant will be placed on the schedule at the entry level hiring step. If a newly hired employee's education, knowledge and/or skills significantly exceed the standard requirements, the employee may be hired at a ' pay step above the hiring step. For instance, a newly hired employee might normally begin at Grade 3, Step 1. If the employee had greater experience and/or education than required, they might be placed at Grade 3, Step 5. The Department Head, prior to making such a pay offer, must receive written approval from the City Manager. New Hires (excluding Police and Fire personnel covered under collective bargaining contracts): A. End of a successful six (6) month probationary period - eligible for a 6% pay increase (one pay step) upon acceptable evaluation with a score of "3" or higher. B. End of first twelve (12) months - eligible for a 6% pay increase (one pay step). 2.3 Step Increases: On subsequent hire anniversary dates, employees shall receive a 6% pay increase (one pay step) until reaching the top step (Step 7). For purposes of this section, a "hire anniversary date" is defined as the date 12 months from the date of hire. 2.4 Promotions: Promotional increases are offered to provide motivation for ' employees to seek positions of greater responsibility. Promotions will generally result in movement of the employee from a lower grade to a higher grade `S 280 position. For instance, an employee promoted from Grade 8, Step 7 position to ' Grade 10 position would be placed on the first step which would afford the employee with a pay increase. Thereafter, on the employee's subsequent promotion anniversary date, the employee will be eligible to receive a 6% pay increase (one pay step) in accordance with the procedures set forth herein above. For purposes of this section, a "promotion anniversary date" is defined as the date 12 months from the date of promotion. Some employees may fall into a category wherein they achieve an annual hire anniversary date during the ninety (90) day probationary period of the promotional position. In such an event, the employee's wage records will be reviewed to ascertain if the employee is eligible for a pay step increase based on the previous position. If the employee is eligible, they will be evaluated on the hire anniversary date for the previous position and be eligible for the step increase due for the previous position. If such a step increase is granted, the employee will automatically receive, on the hire anniversary date, a step increase based on the probationary position. Employees who are promoted will receive a step increase after six months to the next higher grade position. Previously, employees who were promoted did not receive a step increase until 12 months from the date of promotion. This change was made subsequent to City Council awarding a six month step increase to Darrell Bush upon his promotion to Police Chief on June 1, 2001. Employee ' Performance Evaluations will be conducted on the position the employee exits prior to promotion and at the end of the three month promotion probationary period. An Employee Performance Evaluation is not necessary at the six month step increase. 2.5 Lateral Transfers: Lateral transfers occur when an employee is assigned to a new position which is within the same pay grade. Therefore, there is no movement between pay grades or pay steps. The employee's anniversary date is not affected. 2.6 Demotions: Demotions result in movement of an employee from a higher grade to a lower grade position. For instance, an employee promoted from Grade 8, Step 7 position to Grade 6 position would be placed on the first step in the lower grade which would result in a pay decrease. Thereafter, on the employee's subsequent demotion anniversary date, the employee will be eligible to receive a 6% pay increase (one pay step) in accordance with the procedures set forth herein above. For purposes of this section, a "demotion anniversary date" is defined as the date 12 months from the date of demotion. 2.7 Acting Status: Any employee who is temporarily assigned to serve and actually serves in a higher level position for a minimum of eight (8) hours will be compensated for the additional duties and responsibilities of the higher level ' position. Employees meeting the criteria referenced above shall receive, in ' addition to their current pay, an increase of $1.00 per hour. The employee must be qualified to perform and must actually perform the range of duties required of the higher level position during the temporary assignment in order to be eligible for the additional compensation. "Actually serves" specifically excludes employees temporarily assigned to higher level positions for purposes of learning a job (i.e., on-the-job training). When an employee returns to his regular position his salary will be adjusted to the same pay grade and step received prior to serving in the acting status. 3.0 Incentive Pay Program Under policies and guidelines set forth herein and approved by the City Council, employees referenced below may receive additional compensation monthly for each qualifying certificate or license obtained above the "basic level' within their respective professions or occupations. Pay shall be provided for only the highest level of certification or license held by an employee for a particular profession or occupation. To qualify for the incentive pay program, certificates or licenses must be obtained from appropriate State certification or licensing agencies and/or recognized professional associations performing a similar certification or licensing function for personnel in the applicable profession. The purposes and objectives of this program are to: ' A. Promote and maintain a highly qualified, trained, and professional work force by providing incentives for employees to participate in job related continuing education and certification/licensing programs. B. Enhance and improve the level of service provided the citizens of the City of Nederland through the provision of a highly qualified, trained, and professional work force. C. Reduce or mitigate general and individual employee liability exposures by ensuring a highly qualified, trained, and professional work force. 1 4.0 Position Classification Plan 4.1 Factors In order to ascertain the relative internal worth of each job within the City, seven ' job-related factors are weighted by percentages to reflect their overall importance 289. In accordance with the procedures set forth herein, the following criteria have been established in regard to certificate pay: Knowledge ' CERTIFICATE PAY EFFECTIVE DATE I 15% "C" Water and/or Wastewater $35.00 per month Education I 15% "B" Water and/or Wastewater $50.00 per month Working Conditions "A" Water and/or Wastewater $100.00 per month Class II Wastewater Collection System Operator $35.00 per month October 1, 1996 Class III Wastewater Collection System Operator $50.00 per month August 1, 2001 "C" Distribution $35.00 per month August 1, 2001 "B" Distribution I $50.00 per month August 1, 2001 Advanced Animal Control Officer I $100.00 per month September 1, 2000 Basic Telecommunications Operator I $30.00 per month 4.0 Position Classification Plan 4.1 Factors In order to ascertain the relative internal worth of each job within the City, seven ' job-related factors are weighted by percentages to reflect their overall importance or effect on the jobs. These seven factors are as follows: FACTOR WEIGHT Knowledge 20% Responsibility 20% Supervision I 15% Communication I 15% Education I 15% Planning/Budgeting I 10%, Working Conditions I 5% 4.2 Degrees In order to determine a point value for each weighted factor, each factor is divided into degrees. Each degree is represented by a written definition that distinguishes it from adjacent degrees. The overall value of each job is derived by multiplying the degree earned by the weight of the factor in question. F1 283 ' 4.3 Factor/Degree Description 1. Knowledge: Weight = 20%; Maximum points = 200 Definition: This factor represents the amount of knowledge gained through experience and/or study which would be required of an individual before work begins. 1st Degree - Knowledge of the basic premise of the work to be done. No practical work experience needed. 2nd Degree - Knowledge of how to perform basics of the work to be done and some brief exposure to the techniques, tools and procedures thereof. 3rd Degree - Knowledge related generally to the job. This degree level requires knowledge of above that of the basics. This level requires a general knowledge of certain techniques and procedures acquired through experience or education. 4th Degree - Knowledge of specialized procedures associated with the job. Experience in a similar job or experience in a job calling for several types of established procedures. This level requires a specialized knowledge rules, regulations, and techniques acquired through experience ' or education. 5th Degree - Knowledge of advanced procedures associated with the job. Advanced experience in a similar job or advanced occupational experience of skills. This level requires an advanced knowledge of procedures, rules, regulations and techniques associated with the job acquired through continued exposure and experience or education. 6th Degree - Knowledge of comprehensive and complex procedures associated with the job. Extensive experience in a similar job or occupation. This level requires extensive knowledge of procedures, rules, regulations, and techniques. In addition, requires the ability to develop and implement both short and long range goals and derive analytical data through a variety of sources. This level can only be attained through advanced experience and/or education. 2. Responsibility: Weight = 20%; Maximum points = 200 Definition: This factor represents the degree of responsibility given a particular position in the area of decision making, impact of decisions errors, and degree of supervision received. 1st Degree - Responsible for following prescribed procedures and ' directives from superiors. Requires direct supervision. 284 2nd Degree - Responsible for following prescribed procedures and I practices with minor deviations, in own department. Errors limited to own on department. Moderate direct supervision. 3rd Degree - Responsible for maintaining procedures and practices in own department, and recommends changes in activities. Errors usually limited to own department. 4th Degree - Establishes procedures, practices, and policies in own department and responsible for standards of performance. Errors could affect other departments. Little direct supervision. 5th Degree - Establishes procedures, practices, and policies in own department and makes recommendations for related departments. Responsible for standards of performance in own department and maybe consulted regarding standards in related departments. Errors felt in other departments. Little direct supervision. 6th Degree - Establishes procedures, practices, and policies in own and related departments; and is responsible for standards of performance. Errors felt in other departments and by citizens. Little direct supervision. 7th Degree - Has overall responsibility for approving procedures, ' practices, and policies on a City-wide basis and is responsible for standards of performance. Errors felt in this department and by citizens to significant extent. No direct supervision. 3. Supervision: Weight = 15%; Maximum points = 150 Definition: This factor represents the degree of supervisory responsibility assigned to a position. 1st Degree - No supervisory responsibility. 2nd Degree - Has minimal supervisory responsibilities in own department. 3rd Degree - Supervises non -management employees in own department. 4th Degree - Supervises non -management and management employees in own department; or non -management in more than one department. 5th Degree - Supervises non -management and management employees in more than one department. 6th Degree - Supervises managers in more than one division. ' J�N • yes 4. Communication: Weight =15%; Maximum points =150 Definition: This factor represents the degree of importance in which communication with individual employees, citizens or business concerns is measured. 1st Degree - Communicate with various employees in the same department. 2nd Degree - Communicates with employees on routine matters on exchanging necessary information. 3rd Degree - Communicates with citizens and City employees on unique individual problems or exchanging necessary information on a service or cooperative basis. 4th Degree - Communicates with citizens and City employees on matters involving correction or adjustment requiring use of tact and diplomacy to avoid friction and delay. 5th Degree - Communicates with citizens, employees of the City, governmental agencies, and the private sector where the exchanges of the essential information and the degree of cooperation have a significant impact upon City operations. ' 6th Degree - Recognition as a spokesman for the City by media or citizens. 5. Education: Weight = 15%; Maximum points = 150 Definition: This factor measures the degree in which education or equivalent experience is necessary to be able to perform a particular job satisfactorily. 1st Degree - Requires understanding to carry out basic verbal instructions and directives from higher levels of supervision. 2nd Degree - Requires understanding to carry out detailed assignments through uninvolved written or oral instructions. 3rd Degree - Requires understanding to carry out instructions finished in written or oral form. Deal with problems involving several variables. Knowledge equivalent to four years of high school. 4th Degree - Requires understanding of a system of interrelated procedures. Knowledge equivalent to four years of high school plus one year of college or vocational school. 1 286 5th Degree - Business knowledge of a field of study. Usually requires ' understanding of some advanced math, complex report preparation, or the ability to interpret a variety of technical material in books, manuals, or texts. Knowledge equivalent to four years of high school plus the completion of two years of college or vocational schools. 6th Degree - Requires ability to define problems, collect data, establish facts, and draw conclusions. Deal with some abstract but mostly concrete variables. Deal with a large number of variables. Knowledge equivalent to four or more years of college. 7th Degree - Requires ability to define problems, collect data, establish facts, and draw conclusions. Deal with some abstract but mostly concrete variables. Deal with a large number of variables. Knowledge equivalent to four years of high school plus four years of college plus completion of advanced degree. 6. Planning/Budgeting: Weight =10%; Maximum points =100 1st Degree - Has limited input in preliminary planning/budgeting process in own department. 2nd Degree - Participates in preliminary planning/budgeting process in I own department but not responsible for final budget preparation. 3rd Degree - Responsible for planningibudgeting in own department. Although services may be provided to their departments, the budget has minor impact on overall City operations. 4th Degree - Responsible for planning/budgeting in own department. Department budget and operations which result from that budget require close coordination with other City departments and/or have major impact on overall City operations. 5th Degree - Responsible for planning/budgeting in several departments. Has authority to coordinate planning/budgeting with division head and supply essential budget information affecting overall City operations. 6th Degree - Responsible for planning/budgeting on a City wide basis in a review capacity or providing essential budget information affecting overall City operations. 7. Working Conditions: Weight = 5%; Maximum points = 50 1st Degree - Good working conditions; absence of disagreeable elements. I Accidents or health hazards negligible. 3 287 ' 2nd Degree - Good working conditions, may be somewhat disagreeable at times due to limited exposure to undesirable elements.. Lost time accidents improbable. 3rd Degree - Somewhat disagreeable working conditions due to limited exposure to undesirable elements. Some lost time accidents probable. 4th Degree - Exposure to several disagreeable elements. Exposure to lost time accidents. Some exposure to occupational diseases, not incapacitating in nature. 5th Degree - Frequent exposure to several disagreeable elements or to one element which is particularly disagreeable. Some exposure to accidents or occupational disease which may be serious in nature. 6th Degree - Continuous exposure to several disagreeable elements or to one element which is disagreeable. Some exposure to accidents or occupational disease which could be serious in nature. 1 POSITION EVALUATION TABLE D E G R E E S MAX. ' FACTORS WEIGHT 1 2 3 4 5 6 1 POINTS Knowledge 20% 33 67 101 135 169 200 - 200 Responsibility 20% 28 56 84 112 140 168 200 200 Supervision 15% 25 50 75 100 125 150 - 150 Communication 15% 25 50 75 100 125 150 - 150 Education 15% 21 42 63 84 105 126 150 150 Planning/Budgeting 10% 16 32 48 64 80 100 - 100 Working Conditions 5% 8 16 24 32 40 50 - 50 TOTAL 100% 156 313 470 627 784 944 350 1000 l An arbitrary maximum point total of 1000 has been selected. Thus, the maximum points possible for knowledge is 200 (Weight 20% times 1000 = 200). For Supervision, the maximum is 150 points (15% times 1000 = 150). 1 SAFETY FOOTWEAR PROGRAM I. PuMose The purpose of this program is to allow for safe working conditions by providing certain employees, as defined below, with safety footwear for use while performing their duties. Employees are not, however, required to utilize this program; they retain the ability to furnish, at their own expense, safety footwear that conforms to City and Departmental requirements. II. Effective Date The effective date of this program and corresponding policies and procedures shall be October 1, 2011. III. Program Oversieht Department heads shall be responsible for administration of this program within their respective departments. The Safety Director shall be responsible for ensuring that all safety footwear purchased through this program meets the designated standards. IV. Eligibilitv Employees eligible to receive safety footwear shall include the following job titles: Meter Reader, Maintenance Worker, Sanitation Driver, Equipment Mechanic, Heavy Equipment Operator, Plant Operator, Parks Maintenance Supervisor, Street and Sanitation Supervisor, Water Operations Supervisor, Treatment Plant Supervisor, Director of Public Works, and Chief Building Inspector. Only regular, full-time employees who have successfully completed their new hire probationary period are eligible for participation in the program. Employees who have filed application, prior to the distribution of the Safety Footwear Acquisition Form, for retirement to the Texas Municipal Retirement System shall not be eligible to obtain safety footwear. Employees who leave employment from the City within ninety (90) calendar days of receipt of the safety footwear shall be required to reimburse the City's cost of the safety footwear as a deduction from the final paycheck. Eligible employees shall adhere to the policies and procedures contained herein as a condition of employment. 1 n ;t>>fv* • ; 289 ' V. Safetv Footwear Cost The City shall provide a maximum allowance of $150.00, paid directly to the City -selected vendor, for the purchase of safety footwear subject to the policies and procedures contained herein and the availability of funds. Employees who select safety footwear that costs in excess of the $150.00 maximum allowance shall be responsible for payment of the difference in cost. This excess amount shall be paid directly to the City -selected vendor at the time of purchase. Employees who select safety footwear that costs less than the $150.00 maximum allowance shall not be permitted to use the difference for any other purchase via the City -selected vendor nor receive the difference as a cash payment. VI. Purchasin¢ Freauencv The City shall purchase one pair of safety footwear per fiscal year at a time determined by the City. It is anticipated that such purchase shall be made each year at approximately the same time as uniform shirts and jeans reimbursements are provided. Newly hired employees who have successfully completed their probationary period shall be eligible to obtain safety footwear when next purchased by the City for all employees. ' The City shall not replace safety footwear, regardless of the need or necessity for new safety footwear, except for the once per year purchase. VII. Purchasine Policv At the time designated by the City each year to purchase safety footwear, eligible employees shall submit a written request form (Safety Footwear Acquisition Form) to their Department Head. The Department Head shall ensure that the requesting employee is eligible to obtain safety footwear. The Safety Director shall review all forms and ensure that the requested safety footwear conforms to standards identified in this program. Once approved, employees will be authorized to obtain safety footwear from the City - selected vendor. VIII. Safetv Footwear Standards The safety footwear shall meet the following standards: ■ Must be equipped with a "safety toe," ■ Must have a defined heel ■ Must have 6" or higher tops ■ Must have a "75" industry safety rating ' ■ Must be either pull -on or lace -up DC. Wearine Safetv Footwear I Employees receiving safety footwear from the City shall be required to wear the safety footwear at all appropriate rimes while on the job, including regular working hours and overtime/call-out. Failure to wear the safety footwear may result in disciplinary action including, but not limited to, suspension from duty until such time that safety footwear is worn and/or termination. Employees are encouraged to limit off-duty wear to a minimum in an effort to sustain the life of the footwear. Safety footwear must be maintained in accordance with the manufacturer's recommendations for care and cleaning. X. Emnlovees Not Receivine Safetv Footwear Employees who choose not to receive safety footwear through the program shall be required to wear footwear in accordance with Department policy. Failure to wear appropriate footwear may result in disciplinary action including, but not limited to, suspension from duty until such time that appropriate footwear is worn and/or termination. XI. Safetv Footwear Defects Defects in the safety footwear must be immediately reported to the Department Head. XII. Returns and Exchanees of Safetv Footwear I Employees shall not be permitted to return or exchange safety footwear without authorization from their Department Head. 1 CITY OF NEDERLAND STANDARD OPERATING PROCEDURES Cell Phone Allowance October 1, 2011 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 "Cell Phone Allowance" for the applicable job titles. II. PROCEDURE Each employee within the following job title shall be paid the corresponding monthly Cell Phone Allowance: Job Title Monthly Allowance Annual Cost City Manager $80.00 $720.00 Information Technology Director $80.00 $720.00 ' City Clerk $50.00 $600.00 Finance Director/Assistant City Manager SUBJECT: $600.00 EFFECTIVE DATE: $50.00 I. POLICY CITY OF NEDERLAND STANDARD OPERATING PROCEDURES Cell Phone Allowance October 1, 2011 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 "Cell Phone Allowance" for the applicable job titles. II. PROCEDURE Each employee within the following job title shall be paid the corresponding monthly Cell Phone Allowance: Job Title Monthly Allowance Annual Cost City Manager $80.00 $720.00 Information Technology Director $80.00 $720.00 ' City Clerk $50.00 $600.00 Finance Director/Assistant City Manager $50.00 $600.00 Public Works Director $50.00 $600.00 Chief Building Inspector $50.00 $600.00 Human Resources Director $50.00 $600.00 Fire Chief $50.00 $600.00 Police Chief $50.00 $600.00 Director of Library Services $50.00 $600.00 Assistant Fire Chief $40.00 $480.00 Assistant Police Chief $40.00 $480.00 Executive Secretary $40.00 $480.00 Street & Sanitation Supervisor $40.00 $480.00 Parks & Recreation Supervisor $40.00 $480.00 Water Distribution/Sewer Collection Supervisor $40.00 $480.00 Water Plant Supervisor $40.00 $480.00 Accounting Supervisor $30.00 $360.00 Dispatch Supervisor $30.00 $360.00 Police Lieutenant (per CBA) $25.00 $300.00 Police Sergeant (per CBA) $25.00 $300.00 Police Investigator (per CBA) $25.00 $300.00 The City shall pay the monthly cell phone bill for the assigned NARCOTICS OFFICER, PRISON CREW (STATE), PRISON CREW (FEDERAL), WATER/SEWER ON-CALL, and SERVICE CENTER. Noie: The following positions were added after this memo was issued: City Manager $60.00/month $720.00/year Accounting Supervisor $30.00/month $360.00/year Memo To: Mayor and Members of the City Council From: Andre Wimer, City Manager Date: March 28, 2008 Re: Cell Phone Allowances For the past several years, the City has paid the monthly cell phone bills for several City employees. Recently, however, the Internal Revenue Service (IRS) has indicated that any personal calls must be segregated from business calls, including pro rata share of monthly service charges, and the cost for such personal calls must be considered as wages paid to the employee. As such, these wages would be subject to FICA taxes, TMRS, etc. Obviously, accounting for the difference between personal and business calls would be a monthly burden on City staff and payroll calculations. For your reference, I have attachec a copy of the IRS rules governing this situation. in order to address this situation, many governmental entities have chosen to pay a cell phone allowance to City employees as opposed to the City directly paying for monthly billing. In doing so, both the City and employees are able to avoid the potential tax implication/liabilities associated with the IRS ruling. The City does currently have a policy in place governing cell phone allowances versus direct payment of bills. As the situation has evolved, some employee's bills are paid by the City while other employees receive a monthly allowance. It is typical in municipalities that all department heads and assistants/supervisors be furnished with a cell phone allowance which compensates those employees for business use of their personal cell phones. Currently, cell phone bills paid directly by the City include the following: Position Tvoical Monthtv Amount Yearly Amount Building Official $ 63.23 $ 758.76 Police Chief 70.11 841.32 Assistant Police Chief 67.11 805.32 Central Dispatch' 25.94 31128 Narcotics Officer 2 119.83 1,437.96 Fire Chief 43.47 521.64 Assistant Fre Chief 43.47 521,64 Prison Crew (LeBlanc Unit) 3 35.10 42120 ' Prison Crew (Gist Unit) 3 32.41 388.92 Total $6,008.04 L� 1 - HONORABLE MAYOR AND CITY COUNCIL Fnance Director/Assistant City Manager March 28, 2008 Page 2 Assistant to the City Manager/Personnel Director (I ) A cell phone is maintained in Central Dispatch in the event that regular phone service is disrupted. (Z) Phone bill paid by the Police Narcotics Fund. City Clerk ( 1 ) The guards are provided with cell phones, as required by the State, in order to maintain communications between the crews and the Police Department Currently, cell phone allowances are paid to the following employees: Position Monthlv Amount Yearly Amount Director of Public Works $ 25.00 $ 300.00 Streets/Sanhation Supervisor 25.00 300.00 Water/Wastewater Supervisor 25.00 300.00 Water Treatment Plant Supervisor 25.00 300.00 Recreation/Aquatic Supervisor 25.00 300.00 Total $1,500.00 Currently, the following employees who routinely use their cell phones for City business, but receive no reimbursement include: $pI Fnance Director/Assistant City Manager Assistant to the City Manager/Personnel Director City Clerk Library Director Executive Secretary Dispatch Supervisor In addressing this situation, I would propose the following: Cell phone allowances: Position Monthly Yearly Amount Amount Finance Director/Assistant City Manager $ 50.00 $ 600.00 Assistant to the City Manager/Personnel Director 50.00 600.00 Building Official 50.00 600.00 Director of Public Works 50.00 600.00 $pI HONORABLE MAYOR AND CITY COUNCIL i''. 294 March 28, 2008 Page 3 Police Chief 50.00 600.00 Fre Chief 50.00 600.00 City Clerk 50.00 600.00 Library Director 50.00 600.00 Executive Secretary 40.00 480.00 Assistant Police Chief 40.00 480.00 Assistant Fire Chief 40.00 480.00 Dispatch Supervisor 30.00 360.00 Streets/Sanitation Supervisor 30.00 360.00 Water/Wastewater Supervisor 30.00 360.00 Water Treatment Plant Supervisor 30.00 360.00 Recreation/Aquatic Supervisor 30.00 360.00 Total $8,040.00 City continue to pay monthly cell phone bill: Position Monthly Amount Yearly Amount Narcotics Officer $ 119.83 $ 1,437.96 Central Dispatch 25.94 311.28 Prison Crew (LeBlanc Unit) 35.10 421.20 Prison Crew (Gist Unit) 32.41 388.92 Total $ 2,559.36 Based upon the recommended action versus the current practice, there would be a yearly cost increase of $3,091.32. 1 believe, however, that the proposal is equitable in that it provides an allowance to those employees who utilize their cell phones for C'dy-related purposes which also addresses the IRS implications. /CZ i 295 ORDINANCE NO. 2011-14 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 increase 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 THAT: SECTION 1. Compensation. (1) The monthly stipend for the Mayor shall be $183.33 per month. (2) The monthly stipend for members of the City Council shall be $150.00 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. PASSED AND APPROVED by the City Council of the City of Nederland, Texas on this the 12th day of September , 2011. R. A. Nugent, Mayor City of Nederland, Texas ATTEST: _l-y Fer �rk Gay Fer son, City Jerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je se Bra ck, City Attorney tv of N erland, Texas MEMORANDUM DATE: SEPTEMBER 7, 2011 TO: CHRIS DUQUE, CITY MANAGER FROM: CHERYL DOWDEN, DIRECTOR OF FINANCE RE: IRS RULES AND REGULATIONS PERTAINING TO ELECTED OFFICIALS Based on previous management comments from our independent auditors concerning proper reporting of elected official expense allowances, I have reviewed the IRS-FSLG (Federal, State, Local Government) website for direction and clarification. The question involves two components; whether the elected official is a contractor or employee, and also whether expense allowances are considered taxable or non-taxable. Based on information obtained from the IRS-FSLG, the Mayor and City Council would be considered employees of the City as stated in the excerpt below: "Elected officials (also referred to as individuals in "elective positions"), are subject to a degree of control that typically makes them employees under the common law. Elected officials are responsible to ' the public, which has the power to vote them out of office. Elected officials may also be subject to recall by the public or a superior official. Very few appointed officials have sufficient independence to be considered independent contractors. In any event, under section 3401, elected officials are employees for income tax withholding purposes." In order to determine whether allowances are considered taxable/non-taxable, regulations require that to be non-taxable, they mush be paid under an accountable plan as defined in the excerpt below: "Payments to employees for travel and other ordinary and necessary expenses of the employer's business generally are wages subject to social security and Medicare and withholding unless paid under an accountable plan. See IRC section 62(c) and section 1.62-2 of the Income Tax Regulations. There are three requirements for a system to be treated as an accountable plan: a. The expenses must qualify as deductible business expenses incurred while performing services for the employer; b. The employee must adequately account for the expenses to the employer within a reasonable period of time; and c. The employee must return any amounts in excess of expenses within a reasonable period of time." Based on the above information, it would appear that unless City Council elects to document their business expenses (mileage, phone, etc.) and return any excess over the monthly allowance, then the full allowance would be subject to withholding, social security and Medicare as employee wages. If this were the case, then payments to City Council would be made through the payroll system with federal withholding, social security and Medicare deductions and employer matched FICA. 1 29'7 REGULAR MEETING OF THE CITY COUNCIL OF THE 298 CITY OF NEDERLAND ' 4:30 p.m. September 26, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. ' Noes: None. a. Minutes: September 6, 2011 special and September 12, 2011 regular meeting. b. Tax Assessor Collection Report - August 2011 c. Street Closure: • Consider action authorizing the closure of 14th Street between Boston and 18hi ago Avenues for the "NFD Open House" event of Tuesday, October • Consider action authorizing the closure of Boston Avenue from 14th Street to Twin City Highway and the intersections of 12th and 13th Streets on Boston Avenue for "Trunk or Treat" event on Monday, October 31st d. Consider action approving the submittal of a 2011 Aid to Firefighters Grant application to the U. S. Department of Homeland Security. e. Payments: • Carroll & Blackman, Inc. - $1,769.67, Phase II MS4 Permit Implementation Services • Carroll & Blackman, Inc. - $2,790.00, Avenue H Sanitary Sewer Siphon project • Walker Partners - $51,986.18, 2010 Water System Improvements project • Schaumburg & Polk, Inc. - $4,104.50, 2011 Flexible Pavement project 4. REGULAR AGENDA a. Proclamation ' Chris Duque, City Manager, explained that the Proclamation naming September 30th as "Bum Phillips Day" is in recognition of Mr. Phillips' support of the Hughen Center and his contributions as a football coach of the Nederland Bulldogs and �.IF.W ,299 Minutes Continued, September 26, 2011 the Houston Oilers. The proclamation will be given to Mr. Phillips at the "Bum ' Phillips Way" dedication scheduled for Friday, September 30, 2011 at 9:00 a.m. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve a Proclamation declaring September 30, 2011 as "Bum Phillips Day" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. b. Joint Public Hearing The regular was recessed and a Public Hearing was called to order at 4:35 p.m. by Mayor Nugent for the following: Chris Duque, City Manager, explained that this public hearing will allow interested parties to provide comments and ask questions on the requests being made. He advised that no action is necessary at this time. The Planning & Zoning Commission is scheduled to meet on October 4, 2011 to provide their recommendation for Council action on October 10, 2011. i. The rezoning request of Lots 1-13, Block 1, and Lots 1, 2 & 7-13, Block 2, J.D. Ford Addition from Light Industrial zoning to Single -Family Residential zoning. Chris Duque, City Manager, reported that on June 13, 2011, other lots in the Ford Addition were rezoned to Single Family residential and that the neighbors ' were advised that due to the zoning ordinance adopted by the City in 2010 their homes had a nonconforming use. George Wheeler, Building Official, said that during the hearing process for the zoning ordinance, many residents became concerned that their properties would become nonconforming. They requested the entire Ford Subdivision be rezoned to bring Ford Addition into compliance with current ordinances. Mike Douga who resides at 8065 Ford was present in support of the rezoning. ii. The rezoning request of Lot A, being a 19.8105 acre tract and Lot B, being a 3.9016 acre tract, known as Sterling Ridge Commercial from Light Industrial to Highway Retail zoning. Chris Duque, City Manager, explained that this request was from the Nederland Economic Development Corporation for rezoning, of this property known as Sterling Ridge Commercial, from Light Industrial to Highway Retail zoning. George Wheeler, Building Official, added that this change would allow all retail uses and would prohibit heavy manufacturing businesses. iii. The rezoning request of 1616 Highway 365, Meadowview Trailer Park, a 5.074 acre tract of land described as parts of Lots 3 & 4, Block 14, Range "G" Port Arthur Land Company from Highway Retail to R-4 Manufactured Home ' District zoning. Chris Duque, City Manager, stated that this is a request by Roger Lund to rezone the Trailer Park from Highway Retail to R-4, Manufactured Home District zoning. w300 Minutes Continued, September 26, 2011 George Wheeler, Building Official, went over the regulations of the M-4, Manufactured Home District and detailed what would need to be done by the ' property owner if this property is rezoned. Mr. Joseph Tony Hebert, Maintenance Manager, represented Mr. Lund and read a prepared statement addressing the plan to become compliant with the regulations. Mathew Butler of 1511 South 16th Street was present to express his dissatisfaction with the illegal dumping of trash on the mobile home property. Jules Herbert of 1616 N. 365 stated that people were bringing in mattresses and dumping them on the property and spoke of the number of calls to the Police Department on certain units within the park. iv. A Specific Use Permit request for 218 Nederland Avenue, described as Lots 17 and 18, Block 10, Staffen Addition. George Wheeler, Building Official, said that the tenant along with the property owner are requesting the Specific Use Permit (SUP). He said `that the previous tenant had a SUP but since they went out of business and the building stayed vacant for over 6 months that a new request would be required. He suggested the conditions remain the same for the new request as were required previously. Mike Hallman, 2749 Rutgers, Port Arthur, explained that he would be renting the building. He said the property would be cleared and he would meet the I conditions as required by the city. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:10 p.m. by Mayor Nugent. c. Mr. Andy Maredia was present to speak to council regarding his request for Sewer Service at 8215 Beauxart Garden Road. Andy Maredia, 2621 Windmill Lane, advised that he will be opening a convenient store / meat market at 8215 Beauxart Garden Road and is requesting to tie into the city's sewer service. He said that he would not be selling gasoline. Steve Hamilton, Public Works Director, said that Southtex has developed a plan to tie into the manhole at the southeast corner of Beauxart Gardens and Holmes roads. He reported that this area was not in anyone's Certificate of Convenience and Necessity (CCN) but was in the Extra -Territorial Jurisdiction (ETJ) of Port Arthur. Chris Duque, City Manager, added that there would have to be an agreement with Aqua Texas, who provides water service to that area, to bill for the sewer service and reimburse the city. The rate would be an outside city limit rate. He also advised that no action was necessary at this time. d. Appointments I Chris Duque, City Manager, explained that Mayor Pro Tem Rogers will reach his term limit on the Nederland Economic Development Board of Directors. -Minutes Continued, September 26, 2011 ' A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to nominate Councilmember Talmadge Austin to the Nederland Economic Development Corporation Board of Directors for a 2 -year term beginning October 1, 2011 and ending September 30, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Robers. Noes: None. A motion was made by Councilmember Neal and seconded by Councilmember Austin to re -appoint Don Albanese, Stuart Kieschnick, and Randy Sonnier to the Nederland Economic Development Corporation Board of Directors for 2 -year terms beginning October 1, 2011 and ending September 30, 2013. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Rogers. Noes: None. Abstain: Councilmember Albanese. Chris Duque, City Manager explained that Gene Shaw's term on the Firefighters' Civil Service Commission has expired. In accordance with Chapter 143 of the Texas Local Government code, the City's chief executive is required to appoint an individual to fill terms on the Civil Service Commission, and the City Council is required to confirm the appointment. A motion was made by Councilmember Albanese and seconded by Mayor Pro ' Tem Rogers to re -appoint Gene Shaw to the Firefighters' Civil Service Commission for a 3 -year term beginning July 1, 2011 to June 30, 2014. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2011-15, declaring certain utility accounts as uncollectable. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. f. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve Ordinance No. 2011-16, amending the Fiscal Year 2010-2011 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Austin to approve the final plat contingent upon submission of deed restrictions of Aleef Estates. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ' h. Chris Duque, City Manager, advised of the youth athletic league utility reimbursement policy and practice has exceeded the threshold, for some groups, as established by council on March 11, 1996. Some groups are receiving free water, sewer, and solid waste services on top of the authorized $2,000 annual reimbursement which seems to contradict the 1996 council decision. He acknowledged that the $2,000 reimbursement costs are less than ,30 ^�1, Minutes Continued, September 26, 2011 the Parks & Recreation Department being tasked with providing these services; however, there seems to be disparity in the funding assistance levels which ' needs to be addressed. He suggested that staff work with the Parks Advisory Committee to develop a policy and invite participation from the leagues are who benefit from this policy. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to continue current practice to reimburse the $2,000 then task the Parks Advisory Committee and staff to develop and recommend a policy, which would be fair and equal among all organizations involved, to council. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. i. Bids: L A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to accept a bid in the amount of $34,630.00 for city owned property located at 1404 South 16th Street to Mark Dixon. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. ii. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve and award a bid to Allco, Ltd. In the amount of $2,003,384.50 for the "Nederland Water Treatment Plant Repairs/Improvements" project. MOTION CARRIED. ' Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. 5. COMMUNICATIONS City Manager's Report: a. Bum Phillips Way Dedication - Mr. Duque reported the dedication will be on September 30th at 9:00 a.m. at the old CVS parking lot adjacent to Market Basket. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Rogers. i R. A. Nugent , Mayor City of Nedeftnd, Texas ATTEST: ' OA ry d- D/I '-w /,Q,1n1. Clay Fergustln, City ClerF City of Nederland, Texas 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE R. A. Nugent Mayor Talmadge Austin 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 Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief -G9qS_T�ar�Mior_m 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, Moor ay Fergyson, City Cl&k September 26, 2011 Date PRESENT V V ABSENT 303 CITY OF NEDERLAND "PROGRAMMED FOR PROGRESS Nederland, Texas J)rortamation Whereas, O.A. (Bum) PhCTs directed the Nederfand Bulldogs program for six, years with a record of 46 wins and 4 fosses from 1953 through 1956; and Whereas, after coaching at the coQege-leve! Mr. Phillips began his distinguished Nationaf (FootbalfLeague career with the San Diego Chargers and in 1975 was hired as head coach andgeneraf manager of the 7fouston Oilers,• becoming the winningest coach in team history; during this time the 9fouston Oilers captured the heart ofmouston, becoming °Te)gas' team;' and Whereas, Coach Phillips, because of his ezempfary ways and character, is held in the highest esteem by hundreds of former players, colleagues, and fans from Nederland to Wort Neches to Oklahoma to Ef Paso to New Orleans and to Ifouston,• and Whereas, Mr. Phillips has actively supported the work of the 9fughen Center in ping the care, education, and treatment of children and adults with physical' disa6iCties regardless of race, creed reCWion, color, ornationafotin; and Whereas, Mr. Phillips has returned to the Nederland community, when! NederfandAvenue is being appropriately designated as 'Bum PhiMps Way' in honor of a great coach, a true gentlemen, and a charitable man. Therefore, we, the NBDERLANtD CI92'C0V9VCIL here6y proclaim: September 30, 2011 As "BUM PHILLIPS DAY" in the City of Nederland, Texas, andurge each and every citizen of our City to recognize and honor Mr. Phillips for his contributions to the community and his commitment and -service to helping those with physical disabiliities through the Ifughen Center. In testimony whereof, witness my hand and Seal' of the City of Nederland this the 261 day of September, 2011. R. A. Rugelt, Mayor C_C Talmadge yAustin k'=_�1� r (.0 1DonAlbanese Attest: Gay Tergt on,City Jerk 7�,l Billy Neap 1�ertgogers 304 li ORDINANCE NO. 2011-15 AN ORDINANCE ACCEPTING UTILITY ACCOUNTS RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF $ 9,005.97 AS SHOWN IN ATTACHMENT "A" FOR THE YEAR ENDED 9-30-11 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 2010-11 in the amount of $ 9,005.97 as set forth in Attachment "A." Section 2. Charge-offs affected by this Ordinance are for accounting purposes only and are not to be construed as a release or forgiveness of indebtedness by the City. This provision shall in no way be construed to waive or discharge or dispense with the continued application of Section 106-32 of the Code of Ordinances concerning the accounts hereby affected. THAT this being an ordinance not requiring publication, it shall be effective from ' and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 26th day of September, A.D., 2011. "4o r ---- R. A. Nug"ento&yor City of Nederland, Texas ATTEST: ay Fergu n, City Clerl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Brani keityA--orney C' ofN ers 305 ATTACHMENT"A" - CITY OF NEDERLAND WRITTEN OFF FOR FYE 2010-2011 ACCOUNTS TO BE Amount Account Number 31.66 01-1550-03-0 31.56 01-1680-00-0 27.80 02-0290-05-0 118.49 02-0370-06-0 183,44 02-0490-14-0 70.34 02-1660-04-0 126-71 03-OB90-00.0 335.05 03-1240-04-0 21.38 03-159002-0 35.53 04.0070-07.0 50.97 04.0215-02.0 65.76 040350-06-022.75 044600-10-0 101.36 044600-11-0 32.18 05-1090-05-0 92.93 05.1800-05-097.09 05-1900-00-0 126.62 05-366013-0 130.63 05-3951-11-0 218.52 06-085003-0 31.86 06-225001-0 20.79 06-354002-0 61.23 07-04700&4 64.90 07-047010-0 151 43 07-126004-0 126.96 07-214005-0 58.43 OB -113002-0 138.53 08-223002-0 17929 09-065001-0 139.60 10-194017-0 1698 10198002-0 329.63 10267013-0 159.78 11-146000-0 76.46 11-319012-0 21T.51 11-3245-10-0 117.45 12-01800x-0 497.99 13-0590-03-0 57.28 13-066021-0 6826 13-170009-0 55,45 13-2065-05-0 101.75 14-019007-0 54,60 14-0690-05-0 594.13 140740-08-0 16.27 14-115012-0 79.18 1411/0-02-0 75.74 142030-04-0 81.26 15-2790-14-0 26.22 15-270015-0 454.53 15-203010.0 23.95 16-0570-03.0 99.26 16-066014-0 56.74 1&1020-07.0 84.17 1&171004.0 40.00 1&1814-07-0 102.62 16-2040040 324.65 16-211003-0 113.50 1&229007-0 33.60 1&254001-0 95.03 17.046014-0 19.31 17-0495-10-0 306 1 1 1 30'7 , ATTACHMENT —Page 2 1 1 40.59 17-1000-04-0 214.98 17-1590-15-0 37.43 17-1600-12-0 57.69 17-1825-03-0 86.42 18-1560-11 a 63.23 18-1860-124 414.94 18-1860-13-0 238.76 18-2820-004 63.26 19-079002-0 146.54 19-1040-01-0 78.15 20.002013-0 40.65 20-0570-114 35.36 20.067000-0 17.12 20-117012-0 16.75 201285-0&0 29.78 2D199OD7-0 63.20 20-246015-0 32.90 21-082000-0 116.96 22-179009-0 47 41 24.034001-0 112.40 24-0825-01-0 82.15 24-101003-0 6 9,006.97 Total 1 1 ��;•�; 308 ORDINANCE NO. 2011-16 1 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, WHEREAS, the 2010-2011 City of Nederland budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2011 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; 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 28`s DAY OF MARCH, 2011. R. A. Nugent ayor City of Nederland, Texas ATTEST: &4 aj�&AUOAIL— City Clerk Gay FerguscV, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY:_ ttorney Jes#ofNela!nd, Cixas 1 e CITY OF NEDERLAND 309 BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 DATE: September 26, 2011 DEPARTMENT: Various FUND: General Fund (01) Dept. Head Signature: Finance Director: Date Approved: Date: Date: Date Posted: AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 1300-6110 Salaries & Wages 241,500.00 2,507.00 244,007.00 1300-6124 TMRS 41,200.00 428.00 41,628.00 1300-6126 Social Security 18,347.00 192.00 18,539.00 1500-6110 Salaries & Wages 98,411.00 3,527.00 101,938.00 1500-6124 TMRS 16,580.00 602.00 17,182.00 1500-6126 Social Security 7,595.00 270.00 7,865.00 2100-6110 Salaries & Wages 1,340,900.00 4,284.00 1,345,184.00 2100-6124 TMRS 263,436.00 731.00 264,167.00 2100-6126 Social Security 125,637.00 328.00 125,965.00 2200-6110 Salaries & Wages 785,436.00 3,359.00 788,795.00 2200-6124 TMRS 146,208.00 573.00 146,781.00 2200-6126 Social Security 68,435.00 257.00 68,692.00 3000-6110 Salaries & Wages 142,041.00 1,539.00 143,580.00 3000-6124 TMRS 24,045.00 263.00 24,308.00 3000-6126 Social Security 11,013.00 118.00 11,131.00 3100-6110 Salaries & Wages 342,391.00 7,959.00 350,350.00 3100-6124 TMRS 64,982.00 1,358.00 66,340.00 3100-6126 Social Security 29,765.00 609.00 30,374.00 3200-6110 Salaries & Wages 84,170.00 1,466.00 85,636.00 3200-6124 TMRS 15,950.00 250.00 16,200.00 3200-6126 Social Security 7,300.00 112.00 7,412.00 9000-6409 Social Security 34,326.00 (30,732.00) 3,594.00 Net Effect to Fund Balance 3,909,666.00 3,909,668.00 JUSTIFICATION Allocation of Vacation Buy Back budgeted expenditures throughout various GF departments. Dept. Head Signature: Finance Director: Date Approved: Date: Date: Date Posted: n CITY OF NEDERLAND 310 BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 ' DATE: September 26, 2011 DEPARTMENT: Various FUND: Water & Sewer Fund (50) TOTAL 1,162,309.00 1,162,309.00 ' JUSTIFICATION Allocation of Vacation Buy Back budgeted expenditures throughout various W&S Fund departments. Dept. Head Signature: Date: Finance Director: AMOUNT Date Approved: Date Posted: CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 6000-6110 Salaries & Wages 289,857.00 13,234.00 303,091.00 6000-6124 TMRS 58,575.00 2,258.00 60,833.00 6000-6126 Social Security 26,831.00 1,013.00 27,844.00 6100-6110 Salaries & Wages 168,816.00 1,764.00 170,580.00 6100-6124 TMRS 28,798.00 301.00 29,099.00 6100-6126 Social Security 13,650.00 135.00 13,785.00 6300-6110 Salaries & Wages 427,338.00 6,111.00 433,449.00 6300-6124 TMRS 83,044.00 1,043.00 84,087.00 6300-6126 Social Security 38,034.00 468.00 38,502.00 9000-6409 Vacation Buy Back 27,366.00 (26,327.00) 1,039.00 TOTAL 1,162,309.00 1,162,309.00 ' JUSTIFICATION Allocation of Vacation Buy Back budgeted expenditures throughout various W&S Fund departments. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 1 �• CITY OF NEDERLAND _ 31:1 BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 DATE: September 26, 2011 DEPARTMENT: Public Works Administration FUND: General TOTAL 76,975.00 76,975.00 JUSTIFICATION Amendments reflect increases for Personnel costs (Overtime and Group Insurance). Dept budget remains balanced. Dept. Head Signature: Finance Director: Date Approved: Page of 1 Date: Date: Date Posted: AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-3000-6111 Overtime 150.00 150.00 300.00 01-3000-6121 Group Insurance 18,243.00 4,100.00 22,343.00 01-3000-6210 General Office Supplies 2,500.00 (100.00) 2,400.00 01-3000-6212 Books & Publications 500.00 (500.00) - 01-3000-6220 Miscellaneous Supplies 1,000.00 (500.00) 500.00 01-3000-6236 Foods 800.00 (100.00) 700.00 01-3000-6331 Telephone 3,200.00 (150.00) 3,050.00 01-3000-6332 Postage & Freight 500.00 (150.00) 350.00 01-3000-6333 Training & Travel 2,000.00 (800.00) 1,200.00 01-3000-6341 Insurance General 2,790.00 (200.00) 2,590.00 01-3000-6343 Insurance -Motor Equipment 192.00 40.00 232.00 01-3000-6348 Electricity 17,000.00 (1,440.00) 15,560.00 ,01-3000-6351 Fixed Plant Equipment Repair & Main 1,720.00 1,500.00 3,220.00 01-3000-6377 Dues & Memberships 1,380.00 (350.00) 1,030.00 01-3000-6394 Stormwater Permitting 25,000.00 (1,500.00) 23,500.00 TOTAL 76,975.00 76,975.00 JUSTIFICATION Amendments reflect increases for Personnel costs (Overtime and Group Insurance). Dept budget remains balanced. Dept. Head Signature: Finance Director: Date Approved: Page of 1 Date: Date: Date Posted: CITY OF NEDERLAND 312 BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 DATE: September 26, 2011 DEPARTMENT: Various FUND: General, Capital Outlay, EquipRep-GF Police Special, MCML Dispatch TOTAL 436,306.00 1,044,750.00 1,481,056.00 JUSTIFICATION General/Capital Outlay/Equipment Rep. - surplus funds are transferred out of the GF for future capital projects and purchases Police Special Fund - reflect donation from Heritage Festival and purchase of equipment and the receipt of SHSP &LETPA grants to purchase Police F150, security cameras, and security upgrades of lobby. MCML Dispatch Fund - reflect 2008 and 2009 SHSP grant funds and allocation for "Virtualization Network" project. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 1 1 1 AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-9000-6907 Transfer to Capital Outlay Fund - 150,000.00 150,000.00 01-9000-6908 Transfer to Equpment Replacement -GF 175,000.00 50,000.00 225,000.00 31-0000-4901 Transfer -In from General Fund - 150,000.00 150,000.00 34-0000-4910 Transfer -In 175,000.00 50,000.00 225,000.00 01-0000-4355 State Grant Revenue 57,576.00 50,000.00 107,576.00 01-2200-6333 Travel and Training 9,000.00 50,000.00 59,000.00 20-0000-4700 Miscellaneous Revenue - 4,375.00 4,375.00 20-0000-4355 State Grant Revenue 2,000.00 58,000.00 60,000.00 20-2100-6220 Miscellaneous Supplies 3,000.00 4,375.00 7,375.00 20-2100-6742 Motor Vehicles - 26,000.00 26,000.00 20-2100-6393 Contractual Services 2,000.00 32,000.00 34,000.00 70-0000-4360 Grants and Entitlements 210,000.00 210,000.00 70-1700-6315 Computer System 12,730.00 210,000.00 222,730.00 TOTAL 436,306.00 1,044,750.00 1,481,056.00 JUSTIFICATION General/Capital Outlay/Equipment Rep. - surplus funds are transferred out of the GF for future capital projects and purchases Police Special Fund - reflect donation from Heritage Festival and purchase of equipment and the receipt of SHSP &LETPA grants to purchase Police F150, security cameras, and security upgrades of lobby. MCML Dispatch Fund - reflect 2008 and 2009 SHSP grant funds and allocation for "Virtualization Network" project. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 1 1 1 CITY OF NEDERLAND 1 BUDGET AMENDMENT REQUEST FISCAL YEAR: 2010-2011 DATE: . September 26, 2011 DEPARTMENT: Various FUND: Water & Sewer Solid Waste Dept. Head Signature: Finance Director: Date Approved: Page of Date: Date: Date Posted: •' PROPOSED BUDGET 96,500.00 8,000.00 46,000.00 111,000.00 9,500.00 1,323.00 3,340.00 2,705.00 23,135.00 14,000.00 78,000.00 1,000.00 2,285.00 13,118.00 296,048.00 705,954.00 313 AMOUNT CURRENT INCREASE ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) 50-6300-6111 Overtime 61,500.00 35,000.00 50-6300-6115 Extra Help - 8,000.00 50-6300-6222 Motor Vehicle Fuel 40,000.00 6,000.00 50-6300-6247 Water & Sewer Mains 106,000.00 5,000.00 50-6300-6265 Supplies/Minor Tools & Equipment 6,000.00 3,500.00 50-6300-6333 Training & Travel 800.00 523.00 50-6300-6341 Insurance General 2,726.00 614.00 50-6300-6343 Insurance Motor Equipment 2,261.00 444.00 50-6300-6755 Water Distribution Lines 35,000.00 (11,865.00) 52-3300-6111 Overtime 12,000.00 2,000.00 '52-3300-6258 Motor Vehicle Supplies 73,000.00 5,000.00 52-3300-6265 Supplies/Minor Tools & Equipment 900.00 100.00 52-3300-6341 Insurance General 2,110.00 175.00 52-3300-6343 Insurance Motor Equipment 12,860.00 258.00 52-3300-6390 Waste Disposal 288,515.00 7,533.00 TOTAL 643,672.00 62,282.00 JUSTIFICATION Water & Sewer Fund - amendment necessary to reflect OT overage and various expenses related to drought Solid Waste - amendment necessary to reflect costs exceeding original allocation Dept. Head Signature: Finance Director: Date Approved: Page of Date: Date: Date Posted: •' PROPOSED BUDGET 96,500.00 8,000.00 46,000.00 111,000.00 9,500.00 1,323.00 3,340.00 2,705.00 23,135.00 14,000.00 78,000.00 1,000.00 2,285.00 13,118.00 296,048.00 705,954.00 313 ' CITY OF NEDERLAND 314 BUDGET AMENDMENT REQUEST , FISCAL YEAR: 2010-2011 DATE: September 26, 2011 DEPARTMENT: Various FUND: Parks Special Fund General AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-5100-6111 Overtime 1,000.00 2,000.00 3,000.00 01-5100-6222 Motor Vehicle Fuel 4,750.00 1,000.00 5,750.00 01-5100-6256 Chemicals & Incecticides 13,500.00 4,500.00 18,000.00 01-5100-6265 Supplies/Minor Tools 17,500.00 (5,500.00) 12,000.00 01-5100-6351 Fixed Plant & Equipment R&M 10,000.00 (1,000.00) 9,000.00 01-5100-6243 Special Programs 4,000.00 (1,000.00) 3,000.00 TOTAL 50,750.00 50,750.00 JUSTIFICATION ' General Fund (Parks) - amendment necessary to reflect additional OT and fuel costs (related to utilization of federal prisoners) and additional Chemicals costs for the pool; budget remains balanced Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 3-15 CITY OF NEDERLAND 4:30 p.m. October 10, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. ' a. Minutes—September 26, 2011 regular meeting b. Reports—September 2011 Departmental Reports c. Payments: • September 2011 monthly bills • Schaumburg & Polk, Inc., $5,280.00, 2009 Sewer Rehabilitation Project • Allco, Inc., $141,231.83, 2009 Sewer Rehabilitation project • Carroll & Blackman, Inc., $2,273.00, Wastewater Treatment Plant MSGP Permit 4. REGULAR AGENDA a. Proclamations Mayor Nugent presented a Proclamation to Don Tate and Gene Shaw, Nederland Knights of Columbus members, declaring the week of October 10th as "Knights of Columbus Family Week" in Nederland. Mr. Shaw thanked the Council for their continued support. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to approve a Proclamation declaring the week of October 10th, 2011 as "Knights of Columbus Family Week" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. ' b. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve a request from the Nederland Challenge League to utilize the softball field at Doornbos Park for the fall and spring seasons. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. 316 "Minutes continued, October 10, 2011 Noes: None. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to approve Resolution No. 2011-16, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Smoothie Innovations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. d. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve the City's Investment Policy. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. e. Contracts i. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to approve an engineering services contract with Schaumburg & Polk, Inc. for the evaluation of the water line on 18th street and related concrete work. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Rogers to approve an engineering services contract with Schaumburg & Polk, Inc. related to the 2009 Sewer Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. I Noes: None. f. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve the rezoning of Lots 1-13, Block 1, and Lots 1, 2 & 7-13, Block 2, J.D. Ford Addition from Light Industrial zoning to Single -Family Residential zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. g. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve rezoning of Lot A, being a 19.8105 acre tract and Lot B, being a 3.9016 acre tract, known as Sterling Ridge Commercial from Light Industrial to Highway Retail zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. h. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to deny rezoning of 1616 Highway 365, Meadowview Trailer Park, a 5.074 acre tract of land described as parts of Lots 3 & 4, Block 14, Range "G" Port Arthur Land Company from Highway Retail to R-4 Manufactured Home District zoning. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. i. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem ' Rogers to approve a Specific Use Permit for 218 Nederland Avenue, described as Lots 17 and 18, Block 10, Staffen Addition. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. Minutes continued, October 30, 2011 j. A motion was made by Councilmember Austin and seconded by Councilmember ' Neal to approve a License to Encroach between Brian Ciammaichella and the City of Nederland regarding property located at 8305 Lake Placid Drive. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. k. Chris Duque, City Manager, reported that the City received notice from the LNVA that Stage II - Severe Water Shortage Condition has been declared. As set out in contract provisions with LNVA, the City must implement its Stage 2 Plan to achieve a 90% reduction of non-essential water use and a 30% reduction of total water use. Customers will be notified of the imposed mandatory lawn watering schedule. Mr. Duque also advised that LNVA is in the process of revising their Drought Contingency Plan which will include greater rate increases during a drought. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to implement Stage 2 of its Drought Contingency Plan which requires mandatory lawn watering restrictions. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. COMMUNICATIONS ' City Manager's Report: a. Construction Project Update - Steve Hamilton, Public Works Director, reported that the water line in the West Chicago - 27th Street vicinity will be replaced by city employees. Avenue H siphon replacement will soon begin with the line locates are being done this week. The contract for the wastewater Treatment plant is near completion. b. Trash Bash - October 22nd 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:24 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. A 41A, (I aw r__ R. A. Nugent, yor City of Nederl d, Texas ATTEST: ' Gay Fergu n, City Clerk City of Nederland, Texas 317 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Talmadge Austin Council Member — Ward I " Billy Neal Council Member — Ward II v Don Albanese Council Member— Ward III `V V Bert Rogers Council Member — Ward IV Chris Duque City Manager ✓ Gay Ferguson 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 V Emily Melancon Human Resources Director ✓ Joni Underwood Executive Secretary ✓ iiq/"'W�/w _V - ,� R. A. Nugent, M r C�a,�— y Fergu n, City Clerl October 10, 2011 Date ASSENT 313 1 REGULAR MEETING OF THE CITY COUNCIL OF THE I i n CITY OF NEDERLAND ' 4:30 p.m. October 24, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. a. Minutes—October 10, 2011 regular meeting b. Tax Assessor Collection Report—September 2011 c. Street Closures: • Authorize closure of 13th Street from Nederland Avenue to Boston Avenue, including the entrance to 13th Street from Atlanta Avenue, for First United Methodist Church's annual "Trunk or Treat" event on October 31St • Authorize closure of the 1200 to 1500 blocks of 37th Street for Triumph Church's "Family Fun Fest" event on October 31St d. Consider action approving Resolution No. 2011-16, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to Smoothie Innovations. e. Payments: • Carroll & Blackman, Inc., $488.67, Phase II MS4 Permit Implementation Services • Carroll & Blackman, Inc., $564.75, Avenue H Sanitary Sewer Siphon project • Walker Partners, $22,933.57, 2010 Water System Improvement project • Schaumburg & Polk, Inc., $5,167.50, 2009 Sewer Rehabilitation project 4. REGULAR AGENDA a. Proclamations Mayor Nugent presented a Proclamation to Misty Craver and Cindy Fer itta ' declaring the month of October as "National Domestic Violence Awareness Month" in Nederland. Ms. Craver thanked the Council for their continued support. Minutes continued, October 24, 2011 A motion was made by Councilmember Neal and seconded by Councilmember Albanese to approve a Proclamation declaring the month of October as "National Domestic Violence Awareness Month" in Nederland, Texas. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. b. Mayor Nugent recognized the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers' Association. c. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to authorize a Public Hearing to be held on Monday, November 7, 2011 at 4:30 p.m. for the purpose of receiving questions and/or comments regarding the Amendment to the 2010 CDBG Sewer Yardline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. d. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to authorize the Mayor to sign Year 4 Annual Stormwater Report for submission to the Texas Commission on Environmental Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to authorize the Mayor to execute an Affidavit to the Public regarding landfill activities in the area of the shooting range near the closed MCML landfill. MOTION CARRIED. it Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. f. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve an Interlocal Agreement between the City of Nederland, South East Texas Regional Planning Commission, and Black Board Connect for emergency notification services. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. g. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve Resolution No. 2011-17, affirming commitment to Fair Housing Choice. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Rogers to accept the constructed water and sewer system improvements and release of the final plat of Sterling Ridge Phase 2 Section 1 for County recording. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. L Chris Duque, City Manager, stated that Bobbie Dugas requested an item on the agenda to offer comments, concerns, and questions regarding the rental property -utility account requirements prescribed in Ordinance No. 2011-09 which was adopted on August 8, 2011. He explained that Section 3.1 stipulates that Minutes continued, October 24, 2011 391 residential rental property accounts must be set-up in the name of the property owner and not the tenant due to the fact that the City has lost considerable amounts of money in uncollected bills from rental properties. Bobbie Dugas, 715 N. 27`" Street, explained that she pays taxes as a property owner but doesn't have any control over the tenants with respect to their water usage. She said she didn't feel like she should be responsible for utilities someone else uses and suggested the city have a more aggressive enforcement policy. She asked that City Council reconsider this policy and repeal the ordinance. Diana Schumacher, 118 Grand Chase Drive, stated that it was unfair for property owners to be responsible for their tenant's utilities. She asked why the city just couldn't cut off the water for nonpayment. She said this is making the bookkeeping for the property managers very difficult. She asked that City Council repeal this ordinance. George Taylor, 1509 S. Highway 69, said that if the property owners were responsible for the bill, that the tenants would be wasteful. He explained that the City can cut off their water, but the property owner cannot. The only avenue property owners have is to evict and that process can take up to 4 months. He asked the City Council to rethink its position because it is a bad idea. Talmadge Austin commented that he understands their concerns and asked that the property owners understand the City's position. The excessive write-off of uncollectable water bills from last year was very high. He also stated that he ' would like to see a friendlier ordinance and requested that property owners work with city staff. He said that he didn't want to see a tax increase for all citizens because of the uncollectable water bills. Bert Rogers comments that there are approximately 6,000 single-family residential structures in Nederland. He said the City Council does not want to raise water rates for everyone. .He also said that the Water Department needed to break even and right now it is losing. He suggested that the property owners know their tenants better and have a better feel for when they move out. Vickie Arkeen, 1701 Braxton Circle, stated that property owners do not know when the tenants move. She would like to see the water deposits increased for tenants and have the water cut off and locked for nonpayment instead of making the owners responsible. She said that she doesn't want to raise rent in Nederland due to the water bill and see tenants going to other cities because of the higher rents. Billy Neal said that he feels that staff needs to relook at this ordinance and see if we can come up with something better for property owners that will also help the city with uncollectable water bills. Mayor Nugent suggested that we back up and have city staff relook at this ordnance. ' Chris Duque, City Manager explained that the purpose of the ordinance was to operate the water department like a business. He advised that increasing the water deposit rental properties was not a bad idea but that problematic properties with high delinquent history should be factored in. Minutes continued, October 24, 2011 Steve Savant, 2505 Edgemont, said that he currently serves on the Water District Board of Directors and that if water bills are not paid after 31 days they are given a 10 -day grace period then the water is cut off and the meter locked. They are charged a reconnect fee which usually deters nonpayment. Sue Hebert, 5820 Calder, Beaumont, commented that increasing water deposits on rental properties would stigmatize the property and make it unfair to property owners trying to rent. David Greene, 9047 EI Paso, Port Arthur, commented that property managers usually do not know when tenants move out and they usually sneak out because they owe rent as well as a water bill. He suggested checking credit before turning the water on. John Greene, 2617 Wooden Shoe Court, wanted to confirm that duplexes and apartments were exempt from this section of the ordinance. He said the city has a monopoly on the water and that were no other options. Johnny Greene, 2250 Stillwater, Beaumont, said that having rental property is hard work. He said turning the water off as a property owner is illegal. He said that tenants could turn on the water and leave it running and it would take property owners 4 months to evict and that they cannot legally turn the water off. 32? Mayor Nugent thanked everyone for the comments and said that staff will look at the ordinance again and see if changes can be made to benefit the property owners and the city. , 5. EXECUTIVE SESSION The regular meeting was recessed at 5:30 by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:56 by Mayor Nugent. He announced that the Executive Session was held for information purposes only. 7. COMMUNICATIONS City Manager's Report: a. Trunk -or -Treat on Monday, October 31St b. November City Council Schedule: November 7th and 21s' @ 4:30 S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded I by Councilmember Albanese to adjourn the meeting at 6:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Minutes continued, October 24, 2011 1 ATTEST: i �� % JyjFaerg�,s,ity Clerk City of Nederland, Texas 1 R. A. Nuge ayor City of Ned land, Texas 39? CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET R. A. Nugent,yor Gay Fergu on, City Cl c October 24, 2011 Date 1 1 NAME TITLE PRESENT ABSENT V R. A. Nugent Mayor Talmadge Austin Council Member - Ward I V Billy Neal Council Member- Ward II Don Albanese Council Member - Ward III Bert Rogers Council Member - Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief V v Gary Collins Fire Chief V Steve Hamilton Director of Public Works George Wheeler Building Official v V Victoria Klehn Librarian `Emily Melancon Human Resources Director v Joni Underwood Executive Secretary R. A. Nugent,yor Gay Fergu on, City Cl c October 24, 2011 Date 1 1 1 1 1 J. SHANE HOWARD TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON �4��90N COGS TEX ASHG 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 $25,572.78, represents all taxes collected for CITY OF NEDERLAND during the month of September 2011. J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 329 RESOLUTION 2011-16 ' A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic development are in the public interest and serve a public purpose in promoting the welfare of the citizens of the City economically by the securing and retaining of business enterprises and the resulting maintenance of a higher level of employment, economic activity, and stability; and WHEREAS, the citizens of the City of Nederland provided for the creation of the Nederland Economic Development Corporation by popular vote in a duly authorized election to serve the public purposes herein described; and WHEREAS, the Nederland Economic Development Corporation is authorized and I empowered under applicable state law, its charter, bylaws and by board approval, to aid in the development of business enterprises by offering incentives to prospective new and expanding businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the action of the Board of Directors of the Nederland Economic Development Corporation (`Board") relating to project costs associated with Smoothie Innovations of Nederland, LLC, in an aggregate maximum amount of not more than Twenty Thousand dollars ($20,000.00), in accordance with the terms and conditions as prescribed by the Board, is hereby ratified. PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this 10'" day of October 2011 at which meeting a quorum was present and voting. R A. Nugent, ayor City ofNeder d, Texas ATTEST: iN ALLA1/� Gay Ferguvon, City ClerW City of Nederland, Texas APPROVE TO FORM AND LEGALITY: I Je e B ity Attomey ity of N derland, Texas 3-1 1 PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this aggday of 6e( , 2011 at which meeting a quorum was present and voting. ATTEST: Gay Fergus n, City ClerkU- City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: oBranic Attorney , Texas 1 R. A. Nugent, fayor City of Nederland, Texas AFFIDAVIT TO THE PUBLIC STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, on this day personally appeared R. A. Nugent who, after being by me duly sworn, under oath states that he is the owner of record of that certain tract or parcel of land lying and being situated in Jefferson County, Texas, and being more particularly described as follows: See Attachment "A" The undersigned further states that from the 1950's to the 1980's, there was operated on the aforesaid tract of land a Municipal Solid Waste Disposal Site. Specifically, such operation was conducted on that portion of the aforesaid tract described as follows: Unknown portions of the above referenced tract were used for disposal of household waste by burning and/or disposal of ash from household waste burning or greenwaste burning activities. Further, the Mid County Municipal League was the operator of such Municipal Solid Waste Disposal Site. 1 Notice is hereby provided to any future owner or user of the site to consult with the Texas Commission on Environmental Quality (TCEQ) prior to planning or initiating any activity involving the disturbance of I the landfill cover or monitoring system. Witness my hand on this the 'A 544, -day of r) o 4-) ber 2011. Owner Signat e Sworn, subscribed and signed before me in the County of Jefferson, State of Texas, on theagday of P✓ .2011. �1 Notary Pub4c Signature a.c� �tl G�✓(�r�, GAY FERGUSON i NOTARY MU STATE OF TEN `��aria«o. exrwu: 12-10-2014 ' Exhibit "A" 10.770 ACRES OF LAND 3-2 3 OUT OF THE WILLIAM CARROLL SURVEY, ABSTRACT NO. 13, JEFFERSON COUNTY, TEXAS BEING 10.770 acres of land out of and a part of the William Carroll Survey, Abstract No. 13, Jefferson County, Texas, being part of a (Called 267.492) acre tract of land conveyed to the City of Nederland, recorded in Film Code 100-87-0110, Official Public Records, Jefferson County, Texas; said 10.770 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a 5/8" steel rod found for the most Southerly corner of a (Called 4.00) acre tract of land conveyed to the City of Nederland, recorded in Volume 849, Page 264, Deed Records, Jefferson County, Texas; said 5/8" steel rod being on the Northeasterly line of a 100' wide Kansas City Southern Railroad right of way, and the most Easterly comer of a (Called 72) acre tract of land, conveyed to Sun Oil Company, recorded as Tract Sixth in Volume 190, Page 165, Deed Records, Jefferson County, Texas; THENCE, North 45 deg., 14 min., 59 sec., East, on the common line of the (Called 4.00) and (Called 72) acre tracts, a distance of 460.77' to a 1" steel pipe found for the POINT OF BEGINNING and most southerly Southwest comer of the herein described tract; said 1" steel pipe being the Northwest corner of the (Called 72) acre tract, the most Southerly Southwest comer of the (Called 267.492) acre tract, and having a state plane coordinate of N:13942442.20, E:3548268.57; ' THENCE, North 45 deg., 14 min., 59 sec., East (Called North 44 deg., 24 min., 11 sec., East), on the Southeasterly line of the (Called 4.00) acre tract, same being the Southerly line of the (Called 267.492) acre tract, a distance of 124.23' (Called 129') to a point for corner being the most Easterly corner of the (Called 4.00) acre tract; said point for comer being an interior comer of the (Called 267.492) acre tract, and an interior corner of the herein described tract; THENCE, North 49 deg., 33 min., 29 sec., West (Called North 50 deg., 44 min., 49 sec., West), on the Southerly line of the (Called 267.492) acre tract, the North line of the (Called 4.00) acre tract, the North line of a tract of land conveyed to AOI, Inc., recorded in File No. 2010023906, Official Public Records, Jefferson County, Texas, and the North line of a (Called 2.132) acre tract of land conveyed to Absolute Holdings, LLC, recorded in File No. 2007013262, Official Public Records, Jefferson County, Texas, a distance of 657.70' (Called 652.00') to a ''/z" steel rod, capped, and marked "SOUTEX" found for a common comer of the (Called 2.132) acre tract and a (Called 4.000) acre tract of land conveyed to Pedro Esquivel, recorded in File No. 2008004114, Official Public Records, Jefferson County, Texas; said ''/z" steel rod being an angle point in the Southwesterly line of the herein described tract; THENCE, North 47 deg., 40 min., 58 sec., West (Called North 46 deg., 26 min., 40 sec., West), on the North line of the (Called 4.000) acre tract, a distance of 44.08' to a point for corner being the most Westerly comer of the herein described tract; from which a 2" steel pipe found in concrete on the North line of a (Called 3.405) acre tract of land conveyed to F L Tucker, LTD, recorded in File No. 2006027547, Official Public Records, Jefferson County, Texas, bears North 47 deg., 40 min., 58 sec., West (Called North 46 deg., 26 min., 40 sec., West), a distance of 568.92'; 33A THENCE, North 42 deg., 01 min., 36 sec., East, a distance of 410.10' to a point for comer; THENCE, North 88 deg., 21 min., 15 sec., East, a distance of 474.33' to a point for I corner being the Northeast corner of the herein described tract; THENCE, South 00 deg., 00 min., 00 sec., West, a distance of 798.90' to a point for corner being an interior corner of the herein described tract; THENCE, South 66 deg., 53 min., 32 sec., East, a distance of 178.96' to a point for comer on a Westerly line of a (Called 71.3695) acre tract of land, described in an affidavit to the public, recorded in Film Code 103-22-0525, Official Public Records, Jefferson County, Texas; said point for comer being the most Easterly comer of the herein described tract; THENCE, South 50 deg., 41 min., 14 sec., West, on a Westerly line of the (Called 71.3695) acre tract, a distance of 200.00' to a point for corner on the North line of the (Called 72) acre tract and being the Southeast corner of the herein described tract; from which a ''/s" steel rod, capped, and marked "SESCO" found for reference, having a state plane coordinate of N:13942198.16, E:3548915.02, bears, South 66 deg., 53 min., 32 sec., East (Called South 66 deg., 57 min., 48 sec., East), a distance of 350.00'; from said ''/z" steel rod, capped, and marked "SESCO" a second ''/z" steel rod, capped, and marked "SESCO" found on the South line of the (Called 71.3695) acre tract, having a state plane coordinate of N:13942102.64, E:3549704.69, bears, for DEED REFERENCE BEARING = South 80 deg., 40 min., 36 sec., East, a distance of 795.43' (Called 795.60'); ' THENCE, North 66 deg., 53 min., 32 sec., West (Called North 66 deg., 57 min., 48 sec., West), on the North line of the (Called 72) acre tract, a distance of 340.98' to the POINT OF BEGINNING containing 10.770 acres of land, more or less. Coordinates are based on the State Plane Coordinate Grid System, NAD 83, Texas South Central Zone, having a Scale Factor of 0.999929084, and a convergence angle of 02 deg., 26 min., 44 sec., This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on September 22, 2011. City of Nederland LS -11-0525 1 Ll 1 � !! 1 t i J +1 � ++ � 9++ ! :!1 , l + ai•+ jl p . Cg gt i �'� Eif !p ]I•i Pc,t i+ I S t Iii / ! i �\ � ! til nitl t1p ti[>!�;ii Pi'�i � i !ii ltijj •I Pl I i ` 13N1 IL1r ;11 ;` i 1`iliR 9 k� t.e iilil jP'n :i,; I �, j i ' l Q i a�f11i \ i P�tl• L jili 1+��Itj Stl r ii:'.',ii � Id n•;i �H, I S 1 it j! .Slieli ,. ! � i ri I; t B I•:f, 1 � !� ,,.;n; it `t+ � 6 iJi, `li ,I,i a,ti !• lai•ililt air ' i a; a i a•{,1!• a � ! �� P �\ I: 'iiff[:4•ti� iaj is i,Ii ij1 t,� EP E� \ s IlP{ � i� aJ! ni•1 � d iJ i°•i• +j� 13 e pill �ij�j 33? Emergency Notification System Interlocal Agreement This Agreement is entered into between the South East Texas Regional Planning Commission I g g g (SETRPC), Black Board Connect and the City of Nederland (referred to herein as Nederland). WHEREAS, Nederland has established an emergency alerting system, and; WHEREAS, Nederland has contracted with Black Board Connect to provide Emergency Notification Services within its jurisdictional area as stipulated in the Blackboard Connect contract, and; WHEREAS, the purpose of this system is to alert large numbers of citizens within a specific geographic area of important information for public safety purposes, and; WHEREAS, in the event of a large scale emergency or incident, the alerting system would benefit the citizens of Nederland by providing critical information in a timely fashion, and; ' WHEREAS, Nederland has agreed to act as the single point of contact with Intrado for access to the 9-1-1 Data Base for emergency alerting purposes, and; WHEREAS, the South East Texas Regional Planning Commission 9-1-1 Emergency Network agrees to this arrangement regarding the use of the 9-1-1 Data Base for this purpose; NOW, THEREFORE, BE IT HEREBY RESOLVED: That Nederland and Black Board Connect hereby agree to the following terms of use of the 9-1-1 Data Base. Nederland and Black Board Connect will utilize the 9-1-1 Data Base only for the purpose of emergency notification service in the above jurisdiction. Nederland and Black Board Connect understand that the data contained in the 9-1-1 Data Base is to be used for the purpose of warning or alerting citizens to an emergency situation as defined by the Federal Communications Commission (FCC) as a 'situation posing an extraordinary threat to the safety of life and property" and that this data is to be maintained as confidential and not subject to public inspection in accordance with Texas Health and Safety Code, Section 771.062(a). In general, factors to be 333 considered in determining whether an emergency situation is warranted are: 1. Severity—will aid in reducing loss of life or reducing substantial loss of property 2. Timing -requires immediate public knowledge to avoid adverse impacts 3. Other means of disseminating information are inadequate to ensure rapid delivery. In order to maintain the confidential nature of the 9-1-1 data base information and the rights and privacy of citizens with unlisted and unpublished numbers, Nederland will be responsible for and agrees to create two separate account log -ins for the alerting system. One log -in will allow Nederland to use commercially available information for non -emergency messages. Nederland will determine who shall have access and under what conditions to this non -emergency messaging capability. Another, greatly restricted access log -in will be created by Nederland for the purpose of solely disseminating emergency alert messages as defined above and utilizing the 9-1-1 database information. The Emergency Management Coordinator for Nederland and/or his deputy will be the only persons allowed access to the restricted emergency alert messaging log -in. Due to the confidential nature of the 9-1-1 data base information and privacy of citizens with unlisted and unpublished numbers, SETRPC retains the right to withdraw their assistance if Nederland and/or Black Board Connect does not maintain the confidentiality of the information or for misuse of the emergency alerting system. Charges by the 9-1-1 data base provider shall be paid for by Nederland. The SETRPC 9-1-1 Network will not be liable for any costs associated with the emergency alerting system including costs associated with the extract of data from the 9-1-1 data base. Each party must make payment for purchases from current revenue available to the paying I party. 334 Charges for the activation and features specified in the Black Board Connect contract shall be the responsibility of the SETRPC Homeland Security and Emergency Management Planning Division (HSEMPD) for a period not to exceed twelve months from the initiation date reflected in the contract between SETRPC HSEMPD and Black Board Connect. SETRPC HSEMPD will not be responsible for any costs other than the activation fee for the initial twelve month period reflected in the contract between SETRPC HSEMPD and Black Board Connect. SETRPC HSEMPD does not make any promise, guarantee or other obligation for continued activation of the Black Board Connect system beyond the initial twelve month period. Continued activation of the emergency alerting system will be the sole responsibility of Nederland after the expiration of the initial twelve month period unless additional funding is acquired for the regional project. 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, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. IN WITNESS THEREOF, the parties hereto have caused this. Agreement to be executed as of the last date signed below. Shaun P. Davis, Executive Director South East Texas Regional Planning Commission The Honorable RA . "Dick" Nugent City of Nederland Caryn Pinot, Contract Specialist Black Board Connect Date 0(Az 6era5, aoi� Date Date 1 1 1 335 WHEREAS, it is the policy of the City of Nederland to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex, or national origin. The Fair Housing Amendment Act of 1988 (or as amended) expands coverage to include disabled persons and families with children; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT within available resources the City of Nederland will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity Compliance Division; and THAT the City Council of the City of Nederland shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state and or local laws and ordinances; and THAT at a minimum, include (1) printing of this policy and other applicable fair ' housing information through local media and community contacts (2) distribution of posters, flyers, and any other means that will bring the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing and (3) prepare an Analysis of Impediments Fair Housing Activity Statement — Texas of actions to mitigate such impediments as identified in the State of Texas Analysis of Impediments to Fair Housing Phase I, Hurricane Impacted Communities. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 24th day of October, 2011. 1v r� R. A. Nuge ayor City of Ned and, Texas ATTEST: Gay Fergus n, City Clerk. City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �4 Jess®ranic ty Attorney Cityd, Texas 1 RESOLUTION NO. 2011-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT DISCRIMINATION IN THE SALE, ' RENTAL, LEASING, FINANCING OF HOUSING OR LAND TO BE USED FOR CONSTRUCTION OF HOUSING OR IN THE PROVISION OF BROKERAGE SERVICES BECAUSE OF RACE, COLOR, RELIGIONS, SEX, OR NATIONAL ORIGIN IS PRO- HIBITED BY TITLE VIII OF THE 1968 (OR AS AMENDED) CIVIL RIGHTS ACT (FAIR HOUSING LAW). WHEREAS, it is the policy of the City of Nederland to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, sex, or national origin. The Fair Housing Amendment Act of 1988 (or as amended) expands coverage to include disabled persons and families with children; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT within available resources the City of Nederland will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity Compliance Division; and THAT the City Council of the City of Nederland shall publicize this Resolution and through this publicity shall encourage owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state and or local laws and ordinances; and THAT at a minimum, include (1) printing of this policy and other applicable fair ' housing information through local media and community contacts (2) distribution of posters, flyers, and any other means that will bring the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing and (3) prepare an Analysis of Impediments Fair Housing Activity Statement — Texas of actions to mitigate such impediments as identified in the State of Texas Analysis of Impediments to Fair Housing Phase I, Hurricane Impacted Communities. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 24th day of October, 2011. 1v r� R. A. Nuge ayor City of Ned and, Texas ATTEST: Gay Fergus n, City Clerk. City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �4 Jess®ranic ty Attorney Cityd, Texas 1 SPECIAL MEETING OF THE CITY COUNCIL OF THE 3 3 9 CITY OF NEDERLAND 4:30 p.m. October 31, 2011 ' 1. MEETING The meeting was called to order at 4:30 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 1400 Boston Avenue, Nederland, Texas. See attached for quorum. 2. ORDINANCE Chris Duque, City Manager, explained that Ordinance No. 2011-17 repeals Ordinance No. 2011-09 which was unanimously approved by City Council on August 8, 2011, setting utility rates and regulations. He summarized that this Ordinance eliminates the requirement that water service be established in the property owner's name and is revised back to the original language prior to Ordinance No. 2011-09. Tenants may establish service in their name and the property owner has no liability for their tenants who fail to pay their water bill. He added that as a compromise, as proposed by many of the landlords who spoke at the October 24, 2011 meeting, this Ordinance would adjust the deposit to establish service and the cut-off process for non-payment. Mr. Duque stated that Ordinance No. 2011-17 would take effect November 1, 2011, if approved, and that the water rates are not being amended. ' A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Ordinance No. 2011-17, regarding utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Mr. Duque explained that the purpose of Ordinance No. 2011-09 was to minimize the City's losses for non-payment of water bills. However, he said that this is a testimony to the community that City passed an ordinance, citizens had concerns and came to City Council to voice their comments, and the City listened and made changes in a timely manner that everyone can live with. He thanked all those who participated in this process. 3. ADJOURN A motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 4:50 a.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. R. A. Nugent, yor City of Nederla d, Texas 1 1 1 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Talmadge Austin Council Member - Ward I V Billy Neal Council Member - Ward II \ V Don Albanese Council Member - Ward III v Bert Rogers Council Member - Ward IV V Chris Duque City Manager V Gay Ferguson City Clerk Jesse Branick City Attorney V Cheryl Dowden Director of Finance Darrell Bush Police Chief V Gary Collins Fire Chief V Steve Hamilton Director of Public Works V George Wheeler Building Official V Victoria Klehn Librarian Emily Melancon Human Resources Director v Joni Underwood Executive Secretary V , Mlk Q, R. A. Nugent, 9yor ajA Gay Fergusoh, City Clerk October 31. 2011 Date ABSENT 337 1 A 333 ORDINANCE NO. 2011-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS 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. 2011-09. 1. Any person and/or business desiring to obtain water service from the CITY 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 j) proof of identification 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 Requlations. 1. All other ordinances and/or regulations governing City of Nederland (CITY) water and sewer service in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the CITY may collect such balances due. SECTION 2. Water and Sewer Svstems. 1. The water system and sewer system are public utilities operated and maintained by the CITY. The systems shall be operated in accordance with ordinances and policies adopted by the CITY, State law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service, sewer service, and garbage/trash services as provided by the CITY. 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 desiring to obtain water service from the CITY 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 j) proof of identification 33q 2. The person responsible for the payment of utility service shall agree that he/she will ' abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the CITY. SECTION 4. Installation of Service. 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 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/Tans. 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 Exwvabon) (No Street Excavation) 3/4" Water Tap $ 350.00 $ 525.00 1" Water Tap 450.00 675.00 1 Y2 "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 I 1 1 1 34.) 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 ConnectionlTaps. 1. The CITY reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a sewer tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing sewer line and/or sewer collection system, the CITY shall provide all materials, labor and equipment to tap the existing sewer line. 3. The CITY shall make the final determination as to the location of the sewer tap. 4. The sewer connection fees are as follows: Length 8" depth/width or less Inside City Outside City $200.00 (No Street Excavation) (No Street Excavation) 4" Sewer Tap $200.00 $300.00 6" Sewer Tap 300.00 450.00 8" Sewer Tap 400.00 600.00 8" depth/width or more Inside City Outside City (No Street Excavation) (No Street Excavation) 4" Sewer Tap Cost Cost x 1.5 6" Sewer Tap Cost Cost x 1.5 8" Sewer Tap Cost Cost x 1.5 If street excavation is required, the following fees will be assessed in addition to the fees listed above: Additional Cost for Street Excavations Length Asphalt Concrete 11-10, $200.00 $ 300.00 11' - 20' 375.00 550.00 21'- 30' 525.00 675.00 31'- 40' 700.00 875.00 41'-50' 850.00 1,050.00 SECTION 7. Water Meter and Garba4e 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 (excludes residential rental property in renter/tenant's name): Inside City Outside City 3/4" and Smaller Water Meter $100.00 $100.00 1" Water Meter 150.00 150.00 1 %" Water Meter 200.00 200.00 W 1 3%" Water Meter 250.00 250.00 ' 2" and Larger Water Meter 300.00 300.00 2. Residential Rental Property Deposit: In order to establish water, sewer, and garbage service, an applicant, who is not the property owner, for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City. 3/4" and Smaller Water Meter $150.00 $150.00 1" Water Meter 200.00 200.00 Elevated Risk Account 250.00 250.00 Definition: Renter/Tenant/Property that has 2 disconnect/reconnect services for late or non-payment during the 24 months prior to setting up a new service. 3. In order to be provided with an additional garbage container, which shall be limited to one additional garbage container per account, an applicant shall be required to pay an additional deposit of $75.00. No deposit will be required if customer has paid his bill in full by the due date specified on each individual bill for a period of twelve (12) consecutive months immediately prior to the request for an additional garbage container. SECTION 8. ADMication of Deaosit. 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 t and all other charges have been paid. 2. Current customers, who have service in their name, 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 12 consecutive months shall, at their request, be refunded the full amount of their deposit. 3. Tenants, who rent residential property from a property owner that elected to not have service in their own name, shall be refunded the full amount of their deposit if they continue to maintain utility service and pay their bill in full and by the due date specified on each individual bill for a period of twenty-four (24) consecutive months. 4. Service accounts established for those individuals or residential rental properties classified as "Elevated Risk" shall not be refunded any portion of their deposit until water service is terminated. SECTION 9. Previous Service - Outstanding Balance. 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. 1 34 SECTION 10. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 Gallons (minimum)* $ 8.95 $ 13.45 Each additional 1,000 gallons— (up 2.55 4.30 to 50,000 gallons) Each additional 1,000 gallons 2.56 4.31 above 50,000 gallons Water Line Maintenance — 0.30 0.30 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. * 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. Garbaae Rates. All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rates (per month) $ 17.00 + sales tax* Additional Container $ 5.25 + sales tax* * Sales tax shall be in an amount required by law SECTION 13. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the CITY 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 The following monthly rates shall be charged for sewer service: Inside Ci Outside City ' + First 2,000 Gallons (minimum)* $ 9.10 $ 14.90 Each additional 1,000 gallons** 3.00 4.45 (up to 50,000 gallons) Each additional 1,000 gallons 3.01 4.46 above 50,000 gallons Water Line Maintenance — 0.30 0.30 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. Garbaae Rates. All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rates (per month) $ 17.00 + sales tax* Additional Container $ 5.25 + sales tax* * Sales tax shall be in an amount required by law SECTION 13. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the CITY 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 343 shall be assessed. , 3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of the Texas Utilities Code, the 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 15th day fall upon a weekend, holiday, or any day that the City Hall Building is closed, a grace period of two (2) days shall be granted. SECTION 14. Delinouencv - 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 10% penalty; this does not apply to residential rental property classified as "Elevated Risk." 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. 3. For all residential rental properties classified as "Elevated Risk," if full payment is not received by the CITY by the due date, 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 $30.00 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 $100.00 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 $50.00 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. 344 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. The City Manager may . not develop payment schedules should a customer be unable to pay his/her bili if the outstanding balance is greater than $500.00. 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. SECTION 16. Transfer Fee. 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 customer's 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 r 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. The City Manager may . not develop payment schedules should a customer be unable to pay his/her bili if the outstanding balance is greater than $500.00. 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. 34 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 monthly bills during the previous six-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 monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 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 12 -month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment, the customer must have a Building Permit issued by the City of Nederland Inspections Department. SECTION 22. Meter Tamoerinq. 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 396 ' 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. The CITY may charge an additional fee, no less than $5.00 per cubic yard per collection for quantities greater than four cubic yards. 4. Should an owner of property within the CITY request the removal of trash, the CITY may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees. The amount of trash to be collected shall not exceed four (4) cubic yards at any one time. Such service shall be provided at the discretion of the CITY ' dependent upon such factors including, but not limited to, existing work load, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals/companies hired by the property owners. SECTION 24. Validation. 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 November 1, 2011. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 31 st day of OCTOBER 2011. R. A. Nugent, yor City of Nederland, Texas A TEST: ay rdfrgLILion, City rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �� Je se Br ni k, City Attorney C of ederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE 3 4 CITY OF NEDERLAND 4:30 p.m. November 7, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. a. Minutes—October 24, 2011 regular meeting and October 31, 2011 special meeting b. Reports—October 2011 Departmental Reports c. Payments: • Carroll & Blackman, Inc., $1,427.33, Phase II MS4 Permit Implementation Services REGULAR AGENDA a. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to accept the Quarterly Investment Report. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. b. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Austin to approve Resolution No. 2011-18, casting votes for Charles Lankford as a candidate for the Board of Directors of the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. c. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve Resolution No. 2011-19, approving the 2011 tax roll as certified by the Jefferson County Appraisal District. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Minutes continued, November 7, 2011 Noes: None. Absent: Councilmember Neal. d. A motion was made by Councilmember Austin and seconded by Counciimember Albanese to approve Resolution No. 2011-20, prohibiting excessive force by law enforcement during non-violent civil rights demonstrations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve an amendment to Walker Partners' contract regarding the 2010 Water System Improvement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal f. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve Ordinance No. 2011-18, amending the FY 2011-12 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve a request from Jefferson County Preceint 2 for utilization of solid waste vehicles/equipment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal h. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve a License to Encorach between Mary Ann Clampitt and the City of Nederland regarding property located at 2608 Memphis Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal S. COMMUNICATIONS City Manager's Report: a. Construction Project Update - Steve Hamilton, Public Works Director, reported that work was complete on the Avenue H sewer siphon project but that the pavement was not replaced yet. He said that the contractor for the Sewer Rehabilitation project had 3 bursting crews on the project and that they are making good progress and finally that the Pre -Construction Conference was scheduled for July 10 for the Water Plant Improvements. Rod Hatch will be performing the inspections and that the paperwork was still being reviewed for the purchase of the easements. b. Drought Contingency Plan Update. Mr. Duque advised that Lower Neches Valley Authority issued Stage III - Extreme Water Shortage Condition. c. Hurricane Ike disaster funds Update. Mr. Duque explained that the Disaster Recovery Application is due on December 9, 2011. The City of Nederland will be applying for $2,682,017 for non -housing activities. 34 �.G'Minutes continued, November 7, 2011 341 L The regular meeting was recessed and a public hearing was called to order at 5:17 p.m. by Mayor Nugent for the purpose of receiving comments regarding an Amendment to the 2010 Community Development Block Grant sewer yard line I project. Chris Duque, City Manager, reported that on September 8, 2008, the Council authorized the submission of an application for a sewer yard line project. Earlier this year the City was authorized to proceed with the project. The first step was to qualify applicants; only 3 applications were received. With the lack of interest, staff recommends an amendment change the scope of project to include repairing/replacing a water line along Boston Avenue and Atlanta Avenue, which requires a public hearing. The public hearing will allow interested parties to voice their comments, questions, concerns, etc. regarding the CDBG amendment. There being no questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:22 p.m. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:23 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese, and Rogers. Noes: None. Absent: Councilmember Neal R. P. Nuge t, yor City of Nederla d, Texas ATTEST: I "w(4 Joni lJnderwood, Deputy City Clerk City of Nederland, Texas G R. A. Nugent, M r 1 Gay Ferguson, City Clerk November 7, 2011 Date 1 ABSENT pAr 350 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor ✓ Talmadge Austin 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 Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance ✓ l 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, M r 1 Gay Ferguson, City Clerk November 7, 2011 Date 1 ABSENT pAr 350 City of Nederland 351 R. A- -Dick' Nugent, Mayor Bert Rogers, Mayor Pro Tem Talmadge Austin, Councilmember Billy Neal, Councilmember Don Albanese, Councilmember Christopher Duque, City Manager R O. Box 967 • Nederland, Texas 77627 • (409) 723-1503 • FAX (409) 723-155o Investment Report For the Quarter Ending September 30, 2011 This report has been prepared in accordance with the Public Funds Investment Act (Section 2256.023, Government Code), which requires that a quarterly report be submitted to City Council detailing investment transactions and performance for the reporting period. Submitted by the Investment Officers of the City of Nederland r has uqu , City Manager Cheryl bowden, Director of Finance "Programmed for Progress" 1 1 1 1 1 1 City of Nederland Summary of Account Activity Total Portfolio - All Accounts For Quarter Ending September 30, 2011 Investments at Beginning of Period (7-1-11) Purchases Maturities Investments at End of Period (9-30-11) Maturity Summary at September 30, 2011 35--1 $ 6,016,206.83 1,232.08 0.00 $ 6,017,438.91 ■ Less than 3 months ■ 3 to 9 months 0 9 to 12 months E3 Greater than 12 months 353 City of Nederland Summary of Account Activity ' Total Portfolio - All Accounts For Quarter Ending September 30, 2011 Fund Allocation at September 30, 2011 Solid Waste Fund Police Narcotics Fund 8.46% I Bond Water & Sewer Ft 16.69% Library Fund 0.54% a :ral Fund !.22% 1 1 Balance Balance 07/01/2011 Purchases Maturities 09/30/2011 General Fund $ 4,345,134.39 $ 891.41 $ 4,346,025.80 Library Fund 32,269.03 4.52 32,273.55 Water & Sewer Fund 1,003,941.10 205.92 1,004,147.02 Solid Waste Fund 508,673.56 104.36 508,777.92 Police Narcotics Fund 47,191.36 9.73 47,201.09 Bond Redemption Fund 78,997.39 16.14 79,013.53 $ 6,016,206.83 $ 1,232.08 $ - $ 6,017,438.91 Fund Allocation at September 30, 2011 Solid Waste Fund Police Narcotics Fund 8.46% I Bond Water & Sewer Ft 16.69% Library Fund 0.54% a :ral Fund !.22% 1 1 354' Investment Report Schedule Investments for the Quarter ended September 30, 2011 CERTIFICATES OF DEPOSIT Interest Earned for Quarter ended Certificate Purchase Maturity Days to Interest September 30, Number Date Date be held Rate Face Amount 2011 Held at September 30, 2011 Library Special Fund 5713564135 01/04/2011 01/04/2012 365 0.10% $ 10,000.00 2.55 Total Interest Earned on CDs for the quarter ended September 30, 2011 $ 2.55 Total Certificates of Deposit held at September 30, 2011 $ 10,000.00 Li 1 Investment Report Schedule Investments for the Quarter ended September 30, 2011 INVESTMENT POOL - TEXPOOL 35 Totals for TEXPOOL Investments $ 6,006,206.83 $ 1,232.08 $ 6,007,438.91 1 1 r Average Days to Interest Market Interest Period Held Maturity Rate Principal Earned Book Value General Fund 07/01/11 09/30/11 1 0.0815% $ 4,345,134.39 $ 891.41 $ 4,346,025.80 Water &Sewer 07/01/11 09/30/11 1 0.0815% 1,003,941.10 205.92 1,004,147.02 Bond Redemption Fund 07/01/11 09/30/11 1 0.0815% 78,997.39 16.14 79,013.53 Library Special 07/01/11 09/30/11 1 0.0815% 22,269.03 4.52 22,273.55 Solid Waste Fund 07/01/11 09/30/11 1 0.0815% 508,673.56 104.36 508,777.92 Police Narcotic Fund 07/01/11 09/30/11 1 0.0815% 47,191.36 9.73 47,201.09 Totals for TEXPOOL Investments $ 6,006,206.83 $ 1,232.08 $ 6,007,438.91 1 1 r Investment Report Schedule 351' Investments for the Quarter ended September 30, 2011 INTEREST EARNED ON DEMAND DEPOSITS Interest Earned Average Quarter ended Days to Interest September 30, Period Held Maturity Rate 2011 Bond Redemption Fund 07/01/11 09/30/11 1 0.1368% $ 52.18 Capital Outlay Fund 07/01/11 09/30/11 1 0.1368% 71.40 Court Technology Fund 07/01/11 09/30/11 1 0.1368% 1.62 Equipment Replacement Funds 07/01/11 09/30/11 1 0,1368% 515.41 Fire Department Special Fund 07/01/11 09/30/11 1 0.1368% 8.25 General Fund 07/01/11 09/30/11 1 0.1368% 794.96 Library Special Fund 07/01/11 09/30/11 1 0.1368% 13.38 MCML Dispatch 07/01/11 09/30/11 I 0.1368% 92.83 Motel Occupancy Tax Fund 07/01/11 09/30/11 1 0.1368% 4.27 Parks & Recreation Special Fund 07/01/11 09/30/11 1 0.1368% 5.94 Police Narcotic Fund 07/01/11 09/30/11 1 0.1368% 29.35 Solid Waste Fund 07/01/11 09/30/11 1 0.1368% 342.89 Street Improvement Fund 07/01/11 09/30/11 1 0.1368% 319.37 SSES Fund 07/01/11 09/30/11 1 0.1368% 118.23 Water Plant Construction Fund 07/01/11 09/30/11 1 0.1368% 215.41 ' Wastewater Construction Fund 07/01/11 09/30/11 1 0.1368% 604.52 W & S Certificate Fund 07/01/11 09/30/11 1 0.1368% 48.97 Water & Sewer Fund 07/01/11 09/30/11 1 0.1368% 182.67 3,421.65 1 Investment Report Schedule September 30, 2011 35"7 Interest Earnings for Quarter Ended September 30, 2011 Bond Redemption Fund $ 68.32 Capital Outlay Fund 71.40 Court Technology Fund 1.62 Equipment Replacement Funds 515.41 Fire Department Special Fund 8.25 General Fund 1,686.37 Library Special Fund 20.45 MCML Dispatch 92.83 Motel Occupancy Tax Fund 4.27 Parks & Recreation Special Fund 5.94 Police Narcotic Account 39.08 Solid Waste Fund 447.25 Street Improvement Fund 319.37 SSES Fund 118.23 Water Plant Construction Fund 215.41 Wastewater Construction Fund 604.52 W & S Certificate Fund 48.97 Water & Sewer Fund 388.59 $ 4,656.28 1 C 1 1 359 CITY OF NEDERLAND RESOLUTION 2011-18 WHEREAS, Senate Bill No. 621, Acts of the 66" Texas Legislature, Chapter 841, 1979, provides for establishing an Appraisal District which would concern the City of Nederland, and WHEREAS, the Act provides that the Appraisal District shall be governed by a Board of Directors to be chosen by the taxing units within the district by a voting method set out in the Act, and WHEREAS, the Act provides for nomination of candidates for the Board by the taxing units within the Appraisal District; and WHEREAS, the City of Nederland is desirous of having representation on the Board of Directors of the Appraisal District, and WHEREAS, the Act entitles each taxing unit to vote and determine its votes by resolution submitted to the Jefferson County Appraisal District before December 15, 2011. NOW, THEREFORE, BE IT RESOLVED, that. the City Council of the City of Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows: jtYnd). �t (_ R. A. Nugent,or City of Nederl Texas ATTEST: �JCxu a PA a u4p4 bay Ferg on, City CI' rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J4ck, City AjttCIa d, Texas Miriam Johnson Eugene Landry Charles Lankford 58 Dr. Louis Reed C. L. Sherman 1 I day K) 2011. SO RESOLVED, this the of MN1jbV✓ jtYnd). �t (_ R. A. Nugent,or City of Nederl Texas ATTEST: �JCxu a PA a u4p4 bay Ferg on, City CI' rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: J4ck, City AjttCIa d, Texas 3 5 `? CITY OF NEDERLAND ' RESOLUTION NO. 2011-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND APPROVING THE 2011 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 2011 tax roll. PASSED AND APPROVED this the 7th day of November, 2011. r *AN yor City of Nederland, Texas ATTEST: Gay Fergu n, Ci y C erl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Brani , City Attorney C' of Noe Texas 1 r 3C') RESOLUTION NO. 2011-20 A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORCE DURING NON- ' VIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATIONS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE FOLLOWING CITY OF NEDERLAND, COUNTY OF JEFFERSON, STATE OF TEXAS, AS FOLLOWS: Article 1, Section 1: It is the policy of the City of Nederland to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction, against any individual engaged in non-violent civil rights demonstrations. The city also prohibits the physical barring of any entrance to, or exit from, such a facility within its jurisdiction; Article 2, Section 1: It is the policy of the City of Nederland to enforce this policy to the full extent allowed by law. PASSED AND APPROVED by the City Council ofthe City ofNederiand, Texas, this the 7th day of November, 2011. R. A. Nugent,d ayor City ofNederldnd, Texas ATTEST: Gay Fergu n, City Clerku ' City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: �V V Jesse BCi �ttorney City of N erl Texas 3�1 ORDINANCE NO. 2011-18 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING THE FISCAL YEAR 2011-2012 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2011-12 which adopted the Fiscal Year 2011-2012 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, WHEREAS, the 2011-2012 City of Nederland budget states "That any unencumbered Rinds remaining on hand at the end of the fiscal year ending September 30, 2012 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2011 and ending September 30, 2012, and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2011-2012 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 7m DAY OF NOVEMBER, 2011. VKWF9Mayor City ofNecrerland, Texas ATTEST: ay Fergus ,City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse B ck, ty Attorney City o Ned and, Texas 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST ' FISCAL YEAR: 2011-2012 DATE: November 7, 2011 DEPARTMENT: Various FUND: General and Parks Special Fund CURRENT BUDGET 120,000.00 15,000.00 15,000.00 20,000.00 110,000.00 TOTAL 280,000.00 JUSTIFICATION AMOUNT INCREASE (DECREASE) 34,630.00 30,000.00 30,000.00 30, 000.00 8,850.00 2,220.00 (11, 070.00) 124,630.00 3F.' PROPOSED BUDGET 154,630.00 45,000.00 45,000.00 30, 000.00 28,850.00 2,220.00 98,930.00 404,630.00 Funds from the sale of 1404 S. 16th Street ($34,630) are deposited in the GF's Miscellaneous Revenue line -item. $30,000 will be transferred out to the Parks Special Fund. The Parks SF amendment reflects the transfer in and allocation of expenditures for the softball field repairs. Library line -items adjusted to reflect additional cost of HVAC unit repairs and the unbudgeted allocation for replacement photocopier. Contingency has been decreased to offset those additional costs. Dept. Head Signature: Date: Finance Director: Date: ' Date Approved: Date Posted: Page of ACCOUNT NO. ACCOUNT TITLE 01-0000-4700 Miscellaneous Revenue 01-9000-6904 Transferto Parks Special Fund 25-0000-4910 Transfer In 25-0000-6720 Building Fixtures & Grounds 01-5500-6720 Buildings, Fixtures & Grounds 01-5500-6366 Rental Equipment 01-9000-6406 Contingency CURRENT BUDGET 120,000.00 15,000.00 15,000.00 20,000.00 110,000.00 TOTAL 280,000.00 JUSTIFICATION AMOUNT INCREASE (DECREASE) 34,630.00 30,000.00 30,000.00 30, 000.00 8,850.00 2,220.00 (11, 070.00) 124,630.00 3F.' PROPOSED BUDGET 154,630.00 45,000.00 45,000.00 30, 000.00 28,850.00 2,220.00 98,930.00 404,630.00 Funds from the sale of 1404 S. 16th Street ($34,630) are deposited in the GF's Miscellaneous Revenue line -item. $30,000 will be transferred out to the Parks Special Fund. The Parks SF amendment reflects the transfer in and allocation of expenditures for the softball field repairs. Library line -items adjusted to reflect additional cost of HVAC unit repairs and the unbudgeted allocation for replacement photocopier. Contingency has been decreased to offset those additional costs. Dept. Head Signature: Date: Finance Director: Date: ' Date Approved: Date Posted: Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2011-2012 DATE: November 7, 2011 DEPARTMENT: FUND: Water Plant Improvement (32) ACCOUNT NO. ACCOUNT TITLE 32-0000-6115 Extra Help 32-0000-6126 Social Security 32-0000-6128 Worker's Compensation 32-0000-6310 Engineering 32-0000-6393 Contractual Services 32-0000-6710 .and Improvements 32-0000-6720 Bldgs, Fixtures & Grounds 363 AMOUNT CURRENT INCREASE PROPOSED BUDGET (DECREASE) BUDGET 50,000.00 50,000.00 3,825.00 3,825.00 215.00 215.00 255,010.00 255,010.00 4,000.00 4,000.00 16,000.00 16,000.00 3,845,960.00 3,845,960.00 TOTAL 4,175,010.00 4,175,010.00 JUSTIFICATION Funds are allocated for the Water Plant Improvement/Repair project awarded to Allco on September 26, 2011. Funds have been allocated for engineering services, easement acquisition, construction, and inspection, which will be completed in-house via a temporary, full-time employee. Of the $4.5M in bonds, $4,436,708.32 remains available following issuance costs. Engineering costs prior to the debt issuance equal $261,554.33 leaving $4,175,153.99 available for the remaining expenses. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: fl Page of I 3f ; BUDGET AMENDMENT REQUEST 1 Net Effect to Fund Balance 40,000.00 52,000.00 92,000.00 JUSTIFICATION Expenditure of 2010 SHSP pant funds SHSP funds will be used to purehase digital video cameras fro T-6, T-5 & T-1, Slide in command units and generators far T-5 & T-1 Dept. Head Signature: Date: tt Date: Date Posted: FISCAL YEAR: 2011-2012 Date Approved: DATE: November 1, 2011 DEPARTMENT: FUND: General Fund AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO.ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-00-004355 State Grant Funds - 26,000.00 26,000.00 01-22-00-0265 Sumlies(h inor Tools & Equipment 40,000.00 26,000.00 66,000.00 1 Net Effect to Fund Balance 40,000.00 52,000.00 92,000.00 JUSTIFICATION Expenditure of 2010 SHSP pant funds SHSP funds will be used to purehase digital video cameras fro T-6, T-5 & T-1, Slide in command units and generators far T-5 & T-1 Dept. Head Signature: Date: tt Date: Date Posted: Finance Director: Date Approved: BUDGET AMENDMENT REQUEST FISCAL YEAR: 2011-2012 DATE: November 1, 2011 DEPARTMENT: FUND: Fire Department Special Fund Dept. Head Signature: Finance Director: Date Approved: Net Effect to Fund Balance - 60,400.00 60,400.00 JUSTIFICATION Z�� Date: /(— /—// Date: Date Posted: 3F7 1 AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 24-00-00-0410 Resue Team Donations 14,000.00 14,000.00 24-22-06-6265 Rescue Team-Supplies/Mmor Tools & Ew 15,000.00 15,000.00 24-22-06-0333 Rescue Team -Travel & Trammg 10,000.00 10,000.00 Anticipated donations of 14,000 plus nmol qts remaining of 19.932 totaling $33,932 available for spending to support Rescue Team 24-00-00-4700 Miscellaneous Revenue 10,000.00 10,000.00 24-22-00-0265 Supplies/Minor Tools & Equip. - 10,000.00 10,000.00 Anticipated donation from Chevron/Sun for Fire Devartm t equipment. 24-22-05-6333 Travel & Training l - 1,400.00 1,400.00 Funds remaining from previous LEOSE ",nog fiords expects to be spent in thi: fiscal year. Dept. Head Signature: Finance Director: Date Approved: Net Effect to Fund Balance - 60,400.00 60,400.00 JUSTIFICATION Z�� Date: /(— /—// Date: Date Posted: 3F7 1 1 FISCAL YEAR: DATE: DEPARTMENT: FUND: ACCOUNT NO. 01-55-00-6720 01-55-00-6366 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FY 2011/2012 October 31, 2011 Library ACCOUNT TITLE PIdgs, Fixtures, Grounds Rental Equipment AMOUNT CURRENT INCREASE BUDGET (DECREASE) 20,000.00 8,850.00 2,220.00 Net Effect to Fund Balance 11,070.00 JUSTIFICATION Authorization by City Manager to lease replacement photocopier & to purchase new 20 -ton HVAC unit. Per City Manager funds are to be taken from Contingency Fund. Not sure if the account number is 01-9000-6406? Dept. Head Signature: Victoria L. Klehn Finance Director: Date Approved: PROPOSED BUDGET 28,850.00 2,220.00 31, 070.00 Date: 10131 /2011 Date: Date Posted: 3 f" REGULAR MEETING OF THE CITY COUNCIL OF THE 36 CITY OF NEDERLAND 4:30 p.m. November 21, 2011 ' 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 were lead by Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -f as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. ' a. Minutes—November 7, 2011 regular meeting b. Reports—October 2011 Departmental Reports c. Tax Assessor Collection Report - October 2011 d. Street Closures: • Authorize closure of Boston Avenue from 17th Street to Twin City Highway and all intersections on December 3rd for "Christmas on the Avenue" event. • Authorize closure of Nederland Avenue from 215t Street to Twin City Highway, Twin City Highway from Nederland Avenue to Boston Avenue, and Boston Avenue from Twin City Highway to 17th Street on December 13th for the Annual Lighted Christmas Parade. e. Consider action setting a: • Public Hearing date (December 5, 2011) for the purpose of receiving comments regarding the City's Fair Housing Activity Statement - Texas (FHAST). • Public Hearing date (December 5, 2011) for the purpose of receiving comments regarding the City's Disaster Recovery Program application to the Texas GLO. • Public Hearing date (December 19, 2011) for the purpose of receiving comments regarding the taxation of goods -in -transit pursuant to Senate Bill 1. • Joint Public Hearing date (December 19, 2011) for the purpose of receiving comments regarding the rezoning of a 156.08 acre Tract known , as Airport Business Park Subdivision from "R-1", Single -Family Residential District to "I-1", Light Industrial District. f. Payments: • Allco, Inc. - $75,978.00, 2009 Sewer Rehabilitation project e. Minutes Continued, November 21, 2011 • Brystar Contracting, Inc. - $4,383.50, Avenue H Sanitary Sewer Siphon project • Carroll &Blackman, Inc. - $288.00, Avenue H Sanitary Sewer Siphon project • Carroll & Blackman, Inc. - $4,950.00, Phase II MS4Permit Implementation Services • DSR - South 5th Street and Hardy Avenue Elevated Water Storage Tanks assessment. 4. REGULAR AGENDA a. Stephanie Baker of Intrepid USA Home Health Services was present to accept the proclamation declaring November 2011 as "National Home Care Month" in Nederland. She thanked the City Council for their continued support. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a Proclamation in regards to "National Home Care Month". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. b. A motion was made by Councilmember Neal and seconded by Councilmember Albanese to approve a request from the Knights of Columbus to utilize the Nederland Recreation Center for a Free Throw Contest. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. c. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to approve Resolution No. 2011-21, approving an amendment to the 2010 Community Development block Grant sewer yard line project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Austin. d. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to authorize the installation of a street light at/near 728 14th Street. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. e. A motion was made by Councilmember Albanese and seconded by Councilmember Neal to approve Ordinance No. 2011-19, revising the Park Fee Ordinance, MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. f. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Neal to approve Change Order #1, (+$2,555.54) for the Avenue H Sanitary Sewer Siphon project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. W Minutes Continued, November 21, 2011 369 Noes: None. Absent: Councilmember Austin. g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember , Albanese to approve Ordinance No. 2011-20, revising the Marion & Ed Hughes Library fee schedule. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. h. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve amending the Marion & Ed Hughes Library's borrower and application policies. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese and Rogers. Noes: None. Absent: Councilmember Austin. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:06 by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel - City Manager. 6. RECOVENE The regular meeting was reconvened at 5:29 by Mayor Nugent. He announced that I the Executive Session was held for information purposes only. 7. COMMUNICATIONS City Manager's Report: a. Christmas on the Avenue event is scheduled for December 3rd beginning at 3:00 p.m. until 8:00 p.m. on Boston Avenue from Tex Ritter Park to Twin City Highway. A tree lighting ceremony and community prayer will be near the end of the program. The Chamber's Annual Christmas Parade is scheduled for Tuesday, December 13tH b.City offices closed in observance of Thanksgiving holiday on Thursday, November 24`n and Friday, November 25`n. Thursday's trash service will be postponed until Friday. Offices will re -open on Monday, November 28tH S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:31 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Neal, Albanese, and Rogers. Noes: None. Absent: Councilmember Austin. R. A. Nugent, M or City of Nederlan , Texas Minutes Continued, November 21, 2011 ' ATTEST: c YFer9l ��on C City of Nederland, Texas 1 1 3741 NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Bert Rogers Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Emily Melancon Joni Underwood CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE Mayor Council Member - Ward I Council Member - Ward II Council Member- Ward III Council Member - Ward IV City Manager City Clerk City Attorney Director of Finance Police Chief Fire Chief Director of Public Works Building Official Librarian Human Resources Director Executive Secretary A R. A. Nugent, yor �a-p1q � q&,, - Gay Fergu on, City CI November 21, 2011 Date PRESENT V V V V V V V V V V 371 ABSENT l ✓ I 1 1 1 1 J. SHANE HOWARD TAX ASSESSOR -COLLECTOR �TEXAS� STATE OF TEXAS COUNTY OF JEFFERSON 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 $151,720.59, represents all taxes collected for CITY OF NEDERLAND during the month of October 2011. L J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 37' 373 RESOLUTION NO. 2011- 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A CONTRACT PERFORMANCE STATEMENT AND BUDGET AMENDMENT REQUEST FOR THE COMMUNITY DEVELOPMENT FUND CONTRACT BETWEEN THE CITY OF NEDERLAND AND THE TEXAS DEPARTMENT OF AGRICULTURE CONTRACT NUMBER 710489. WHEREAS, the City of Nederland entered into a contract with the State of Texas, Texas Department of Rural Affairs which is now the Department of Agriculture in reducing the inflow and infiltration into the sewer collection system by replacing sewer service lines for eighty (80) low to moderate income households; and WHEREAS, the City has published the application notices in the newspaper various times, posted at various public buildings and hand delivered notices to low to moderate income families, there has been limited interest from low to moderate income families to participate in the program; and WHEREAS, Public Service Announcements, newspaper articles concerning home improvement scams, and current mistrust in government, has caused residents to be reluctant in sharing personal information; and WHEREAS, a current drought condition. has caused Lower Valley Authority to issue Notice of Stage III — Extreme Water Shortage Condition to the cities including the City of Nederland, industries and farmers that purchase surface water from the Fiver Authority; and WHEREAS, in an effort to help meet the Drought Contingency Plan, the City of Nederland will need to replace existing deteriorated and leaking water lines with new water lines in a low to moderate income neighborhood; and ' WHEREAS, the enforcement provisions under Section 9 of the amended Lower Neches Valley Authority Contingency Plan shall take effect January 1, 2012. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council of the City of Nederland authorizes a Contract Performance Statement and Budget Amendment request for TxCDBGP contract No. 710489 to be submitted to the Texas Department of Agriculture to add Water Facility Activity to the existing contract. THAT the Water Activity will include the replacement of existing deteriorated water lines in the Boston Avenue / Atlanta Avenue Neighborhood to help conserve water as per the Drought Contingency Plan and provide improved water service to the low to moderate income neighborhood. THAT the City will continue its efforts to get forty (40) low to moderate income households. THAT the City Council directs and authorizes the Mayor to execute all necessary documents as may be required to initiate and process this Contract Amendment Request. PASSED and APPROVED by the City Council of the City of Nederland, Texas, this the 2151 day of November, 2011. R. A. ent ayor City'of Nede d, Texas ' ATTEST: i Gay reFgLoon, City ClerV City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 374 ?J. C of dxas 1 1 375 of tYS rA4 ,0 CONTRACTING, INC. 8385 Chemical Road • Beaumont, Texas 77705 • (409) 842-6768 November 2, 2011 Mr. Steven Hamilton, P.E., RP.L.S Director of Public Works C/O Jeff Scogins, P.E. Carroll and Blackman, Inc. 3120 Fannin Street Beaumont, Texas 77701-3995 Re: Avenue H Siphon Project additional work 1 Dear Sir: As discussed Brystar offers the following pricing per the Scope of Work for your review and consideration. Scope of Work ' Brystar Contracting, Inc. shall furnish all necessary labor, equipment, materials and supervision to complete: 1. Remove and replace 18' x 7 x 10" section of roadway utilizing CL P Concrete including approximately 2 loads of 2SK/Ton Cement Stabilized Sand backfill. Lump Sum Price $2,555.54 Should you have any questions please do not hesitate to call. Sincerely, Bill Koch, Pro' er cc: File 1 CITY OF NEDERLAND 'AVENUE H SANITARY SEWER SIPHON ' UNDER DRAINAGE DISTRICT NO.7 DITCH B-5 BOX CULVERTS November 9, 2011 CHANGE ORDER No. 1 A. PROPOSED ADDITIONS I section of concrete roadway with Class P concrete 1 LS @ $2,555.54 = $2,555.54 including approx. 2 loads of 2 sk/ton cement stabilized sand backfill D. CONSTRUCTION PERIOD No additional working days will be added to the contract time. E. APPROVALS F deddfor Approval: - PrcjedrMaannager Carroll & Blackman, Inc. Bryan Phelps - President Brystar Contracting, Inc. D,y,,e , ak-� M 37r. TOTAL ADDED $2,555.54 B. PROPOSED DELETIONS TOTAL DELETED $0.00 C. CONTRACT CHANGES Previous Contract Amount $104,820.00 Total Added/Deleted $2,555.54 New Contract Amount $107,375.54 D. CONSTRUCTION PERIOD No additional working days will be added to the contract time. E. APPROVALS F deddfor Approval: - PrcjedrMaannager Carroll & Blackman, Inc. Bryan Phelps - President Brystar Contracting, Inc. D,y,,e , ak-� M 37r. ORDINANCE NO. 2011-19 371 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. 2010-14; 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 as shown in Exhibit ' "A" attached, which is incorporated herein by reference, is hereby approved and adopted; and Section 2. Ordinance No. 2010-14 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 21sT day of NOVEMBER, 2011. R. A. N� yo City of Nederland, Texas ATTEST: Y' -- Gay Fergus , City Jerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Bran- Attorney Ci ofN erland Texas 1 C 1 RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Monday - Thursday Friday Saturday Sunday Business hours Private use/After hours 10 a.m. — 8 p.m. N/A 10 a.m. — 5 p.m. 5:30 p.m. — 9:30 p.m. 11 a.m. — 5 P.M. 5:30 p.m. — 9:30 p.m. Closed 11:30 a.m. — 9:30 p.m. RECREATIONAL FACILITY USE FEES Any and all fees may be waived at any time by City Council action. I.D. Cards are issued to all rrgistered patrons. Replacement cards will be issued for a $10.00 charge per card. RECREATION BUILDING NON-RESIDENT FEES NISD Students (under 19 with valid School ID) No charge Dail MonthlyQuarterly Annual Other Non-residents (full building use) $8.00 $30.00 $80.00 $200.00 College Students $5.00 Monthly Quaderl Annual Hoop -N-Spike Club (Gym & Weight Room use only) $20.00 $50.00 $120.00 Racquetball Club (racquetball court only) $20.00 $50.00 $120.00 All patrons, resident and non-resident, must register at front desk to be granted use of facility I.D. Required for entry — recurring non-resident visitors must register at front counter RECREATION BUILDING RENTAL FEES All activities and applications must be approved by 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 bourn Deposit Racquetball (per player, max two hours) $2.00 N/A N/A Gymnasium (2 -hour minimum) —After hours only N/A $35.00 $100.00 Game room —After-hours ony 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 $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 $100.00 **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. 379, 379 NON-RESIDENT Hourly rates Business hours- After hours Debosit Racquetball (per player, max. two hours, must he with resident) $5.00 N/A N/A ' Gymnasium (2 -hour minimum) —After hours only N/A $50.00 $100.00 Game room —After hours only N/A $50.00 $40.00 Van Gogh (Rooms 111/122) $35.00 $50.00 $20.00 Rembrandt (Room 129) $35.00 $50.00 $20.00 Kitchen (in conjunction with any room) $2.00 $2.00 N/A Three rooms N/A $150.00 $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 - Residents $125.00/team Teams pay officials (referees, scorekeeper) Basketball — Non -Residents $175.00/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. Rawl 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 allug ests usin 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 maybe used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit • Security— Security shall be defined as an off-duty law-enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police, to be on the Recreation Building premises for duration of scheduled function. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that includes the use of a disc jockey or dance -club -type music is subject to security arrangements. o All functions exceeding 75 people are subject to security arrangements. o Applicants are responsible for securitv arraneements 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. o 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. o 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 1 380 381 NEDERLAND SWIMMING POOL HOURS OF OPERATION 3pm 4pm 5pm 6pm 7pm 8pm 9pm lopm POOL FEES Pool Parties: f In- Pool Parties: 5:30-7:30 Service 5:30-7:30 7:30-9:30 Family 7:30-9:30 Night i Swim 5:30- 7:30 pool party PRIVATE POOL PARTY Monday Tuesday Wednesday Thursday Friday Saturday Sunday I 8am Closed Senior J Senior Senior Senior Closed Closed 125 $ Swim i Swim/Water Swim Swim/Water 31-50 swimmers $ 125 I $ Exercise j Exercise $ I 9am Lessons cleaning { $ j loam 175 Make-up Ila-lpm '125 is capacity Ilam lessons Pool 12pm Cleaning Party OPEN SWIM 1pm Closed { Open Swim for Public Open 2pm (small doycaregroups and private lessons) Age 10 to Adult I swim 3pm 4pm 5pm 6pm 7pm 8pm 9pm lopm POOL FEES Pool Parties: f In- Pool Parties: 5:30-7:30 Service 5:30-7:30 7:30-9:30 Family 7:30-9:30 Night i Swim 5:30- 7:30 pool party PRIVATE POOL PARTY CURRENT Resident j Non- Resident PROPOSED Resident Non - Resident 1-30 swimmers $ 100 $ 125 $ 125 $ 150 31-50 swimmers $ 125 I $ 150 $ 150 $ 200 51-125 swimmers $ 150 J $ 200 J $ 175 $ 250 '125 is capacity OPEN SWIM Age 10 to Adult $ 3.50 $ 5.00 $ 4.00 $ 8.00 Age 5-9 with adult admission $ 2.00 $ 3.00 $ 2.00 $ 5.00 Age 4 and under with adult admission Free Free Free Free SPECIAL EVENT RATES j Age 10 to Adult $ 3.50 $ 5.00 $ 3.50 $ 5.00 Age 5-9 with adult admission $ 2.00 $ 3.00 $ 2.00 $ 3.00 Age 4 and under with adult admission free Free Free Free 1 33 Season Swim Passes ' Single: $80 $60 (additional family member discount for second pass) Family of 4 $160 add $10 per additional members up to seven (7) total Replacement Pass $10 Notes: Single pass o Only valid for swimmers over the age of 10. o Parent consent and emergency contact information required at application. o No admission/attendance requirements. Family passes o All children under age of 10 require parent/guardian/adult supervision at all times, no exceptions. o Non -relative adults (baby-sitters, neighbors, etc) may be listed on application. o Additional members may be added up to seven (7 ) family members Swimming Pool Code of Conduct: • The normal swim season is from Memorial Day to Labor Day. • Rental applicants are required to provide all pertinent information relating to function at time of application. The deposit amount must be submitted with application before any party slot is reserved. All reservations must be made in person, no dates will be held without application and deposit. ' • Rental applicants are responsible for the behavior of all guests using the facility. • No private parties are allowed during public swim hours. • Neither alcoholic nor tobacco products of any kind are allowed on premises, no exceptions. Smokers are required to be at least 50 feet from recreational facility entrances. • No glass containers of any sort, kind or variety allowed; no exceptions. • Public swim patrons are allowed to bring hydrating -style beverages — such as bottled water, tap water in exercise -style personal drinking bottle, sports drinks, etc. — all of which are subject to pool management and staff inspection. • No outside food allowed, except for Family Night and private rental events. No cooking or open flame allowed on pool grounds or within 50 feet of facility entrances. • Patrons are allowed to leave pool grounds and return without penalty. • Wade pool is designated for children 42 inches tall and under, accompanied by parent or guardian. 1 383 ORDINANCE NO. 2011-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING A FEE SCHEDULE IIVCLUDING OVERDUE FEES, FINES, LOST AND DAMAGE FEES, PROCESSING FEES, AND MISCELLANEOUS FEES FOR THE MARION & ED HUGHES PUBLIC LIBRARY AS SHOWN IN EXHIE3IT "A" ATTACHED, AND REPEALING ORDINANCE NO. 2005-15. WHEREAS, the City Council of the City of Nederland has been presented a schedule of fees for the Marion & Ed Hughes Public Library for its acceptance and adoption, including a fee schedule for overdue fines, lost and damage fees, processing fees, and miscellaneous fees; 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 fee schedule for the Marion & Ed Hughes Public Library as shown in Exhibit "A" attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. Adoption of Fees. The schedule of fees for the Marion & Ed Hughes Public Library as shown in Exhibit "A" attached, which is incorporated herein by reference, is hereby approved and adopted. Section 2. Repeal of Previous Ordinances and Regulations. Ordinance No. 2005-15 and all other ordinance and/or regulations governing the City of Nederland library fees in conflict with this ordinance are hereby repealed when this ordinance takes effect; provided, the repeal of any prior ordinance shall not affect any fines or fees owed at the time of the repeal. Section 3. Effective Date. This amendment 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 21sT day of NOVEMBER, 2011. R. A. Nugent, yor City of Nederland, Texas ATTEST: ay Ferg on, City Cle City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Br nic ,City Attorney C' y of ederland, Texas 389 FEE SCHEDULE (approved September 12, 2005) Proposed 11-21-2011 The Library Director has the authority to waive or negotiate payment of fines or fees, for materials and meeting rooms, based on extenuating circumstances. The non-resident fee can only be waived by action of the City Council. ITEM OVERDUE FINES LOST OR DAMAGED FEE * PROCESSING FEE Books, adult $0.10/day $25.00 $5.00 Books, juvenile $0.10/day $15.00 $5.00 Paperbacks $0.10/day $5.00 $1.00 Books on tape, adult $0.10/day $35.00 $5.00 Books on tape, juvenile $0.10/day $15.00 $5.00 Book on CD $0.10/day $35.00 $5.00 Videotapes $1.00/day $35.00 $5.00 DVD $1.00/day $35.00 $5.00 Cassette kits $0.10/day $10.00 $3.00 Periodicals $0.10/day $3.00 $1.00 Art prints C ROM $1.00/day $3.001doy, repair or replacement cost $5.00 $5.00 -D Audio-visual equipment 52.00/hour repair or repi..........._... repair or replacement cost $10.00 ' Kits $2.00/day repair or replacement cost $5.00 Interlibrary Loans up to $1.00 per day + determined by lending library determined by lending any charge by library lending library MISCELLANEOUS ITEMS Cassette kit bag/video case $0.50 Audio book /DVD cases replacement costs Barcode $0.50 Jewel case $2.00 Keys (public rooms, i.e. $5.00/day replacement and rekeying charges $5.00 typing room, study rooms) ED ROM album $18.00 * If the cost of the item is known, this amount will be assessed. 1 385 MISCELLANEOUS FEES ITEM FEE Lost borrowers cards $3.00 Lost Internet registration card $0.50 Photocopies, black and white (per page; I Ix17 and two-sided pages are considered 24 pages depending on size of paper) $0.15 Photocopies, color (per page; 11x17 and two-sided pages are considered 2-4 pages depending on size of paper) $1.00 Microfilm copies (per page) $0.25 Computer printouts (per page) $0.15 Blank paper (per sheet) Diskettes, z $0.10 Non-resident fee (does not apply to nrooerty owners or city employees, ;ISstudents, OF +„� $036 teneh—) $30.00 Non-resident fee — NISD teachers or Students currently elieible to enroll in NISD Vides, PILD GP ROM in book drop $10.00 or returned Meeting Room Deposit (refundable if meeting room is left in good condition) $2.60 $25.00 Meeting Room Fee, for use after library hours, non-refundable (per hour or part of hour)** $10.00 ** Per VK: not currently implemented 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE 386 CITY OF NEDERLAND 4:30 p.m. December 5, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Austin to approve the Consent Agenda Items 3 a -b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. ' a. Minutes—November 21, 2011 regular meeting b. Payments: • Walker Partners - $5,096.24, 2010 Sewer Improvements project • Shaumburg & Polk, Inc. - $4,285.48, 18`h Street Water Line Evaluation • Shaumburg & Polk, Inc. - $5,945.00, 2009 Sewer Rehabilitation project • Shaumburg & Polk, Inc. - $4,451.00, 2011 Wastewater Line Replacement project • Brystar Contracting, Inc. - $104,820.00, Avenue H Sanitary Sewer Siphon project 4. REGULAR AGENDA a. Michael Joe Rodriguez of The Barnabas Society was present to accept the proclamation declaring December 21, 2011 as "National Homeless Persons Memorial Day" in Nederland. Mr. Rodriguez thanked the council for their support. A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a Proclamation in regards to "National Homeless Persons Memorial Day". MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. ' b. Joseph Landry and Angelina Wratislaw were present to speak to City Council regarding property located at 2323 Montainge Lane. Mr. Landry stated that his mother, Angelina Wratislaw, had repair work done last year to her driveway which had cracked. The work only lasted 7 months. He felt that there was cavity under the street which prevented the driveway from being repaired correctly and Minutes continued, December 5, 2011 367 asked for assistance from the City in repairing the street. He asked what the difference was in a private street versus a public street. Chris Duque, City Manager, advised that when the developer built the subdivision ' in the 1990s that he made the street private. It is labeled on the plat which was filed with the city. He also stated that the Second Amendment to Dedication and Restrictions for Atrium Place, Section II transferred maintenance of yard, sidewalks and driveways to the Owner. Steve Hamilton, Public Works Director, said that there are a set of standards that a street must meet before the City will accept it as a public street. In this subdivision, the concrete was already present and it would have had to been removed and rebuilt to meet those specifications. The decision of the developer was to leave the concrete in place and make the street private. Mayor Nugent asked if the City would be able to do anything with this street. Mr. Landry and Ms. Wratislaw disagreed with the direction of the conversation, said the city was refusing its responsibilities and they walked out. Jess Branick, City Attorney, advised that the City is a governmental entity and cannot make repair to private driveways or private roadways. The plat clearly shows the street as private. C. The regular meeting was recessed and a Public Hearing was called to order at 5:05 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding the City's Fair Housing Activity Statement - Texas (FHAST). ' There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:06 p.m. by Mayor Nugent. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2011-22, approving the City's Fair Housing Activity Statement - Texas (FHAST). MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve Resolution No. 2011-23, approving a Citizen's Participation Plan for the City's Community Development Block grant Disaster Program. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. f. The regular meeting was recessed and a Public Hearing was called to order at 5:07 p.m. by Mayor Nugent for the purpose of receiving questions and/or comments regarding the City's Disaster Recovery Program application to the General Land Office. There was discussion among councilmembers regarding how projects were I selected. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:20 p.m. by Mayor Nugent. Minutes continued, December 5, 2011 g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember ' Albanese to approve Ordinance No. 2011-24, authorizing the submittal of a Disaster Recovery Program application to the Texas General Land Office. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Albanese to accept the 2011 State Homeland Security Program and SHSP Law Enforcement Terrorism Prevention Activity grants. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Rogers. Noes: None. S. COMMUNICATIONS City Manager's Report: a. Construction Project Update. Steve Hamilton reported that the bursting contract is 85% completed and still on target to complete in February of 2012. The Siphon project on Avenue H is complete. The Notice to Proceed has been issued on the Water Plant Rehabilitation project and work should begin after the Christmas break. b. Drought Contingency Plan Update. Chris Duque reported that LNVA is in Stage III, extreme water shortage condition. January 1, 2012 the rates will go up 50% due to the surcharge associated with Stage III conditions. Water bills will have to increase to meet these extra charges. A recommendation will be on the next Council agenda. ' c. Annual Lighted Parade - December 13th at 6:00 p.m. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:35 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. J�WJA'-,-alw R. A. qugent ayor City of Nede and, Texas ATTEST: ho I "t- f 4--19A rA ' ay Fergu n, ity Clerk City of Nederland, Texas 5..ZAM CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor Talmadge Austin Council Member —Ward I Billy Neal Council Member— Ward II Don Albanese Council Member — Ward III V Bert Rogers Council Member —Ward IV 1/ Chris Duque City Manager Gay Ferguson 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 V/ George Wheeler Building Official Victoria Klehn Librarian v Emily Melancon Human Resources Director V Joni Underwood Executive Secretary Nugent, or GajFer_g4Dn, City Ciele& December 5, 2011 Date 1 1 390 RESOLUTION NO. 2011-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS APPROVING A FAIR HOUSING ACTIVITY STATEMENT — TEXAS AS PART OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City of Nederland, Texas has the responsibility to affirmatively further Fair Housing and supports Fair Housing within its city limits, and WHEREAS, the City of Nederland appointed citizens to a Fair Housing Work Committee to discuss Fair Housing issues and impediments within the city and develop a Fair Housing Activity Statement — Texas; and WHEREAS, the City of Nederland's Fair Housing Activity Statement — Texas was submitted to the Texas General Land Office for review, comments and approval; and WHEREAS, a public notice was published in The Port Arthur News on November 16, 2011 and a public hearing was held on December 5, 2011 for public comment, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The attached Fair Housing Activity Statement — Texas be approved as recommended by the Fair Housing Work Committee. PASSED and APPROVED on this the 5" day December, 2011. R. A. Nugent, Mayor ATTEST: Gay Fergu on, City Clerkl APPROVED AS TO FORM: Je a Bran' k, ity Att. 3�1 RESOLUTION NO. 2011-23 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS APPROVING A CITIZENS PARTICIPATION PLAN FOR THE CITY OF NEDERLAND'S COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: THAT a Citizens' Participation Plan, which provides for and encourages citizen participation at all stages of the disaster recovery program, for the City of Nederland's Community Development Block Grant Disaster Recovery Program be approved as attached. PASSED and APPROVED on this the 51h day December, 2011. R. A. Nugent, or ATTEST: Gay Fergus City Clerk APPROVED AS TO FORM: �1- �les Branii/////ty Attorney 392 Citizen Participation Plan ' City of Nederland Citizens' Participation Plan Community Development Block Grant Program and Disaster Recovery Program The City of Nederland Citizens' Participation Plan is designed to insure that the public interest is protected through provision of adequate opportunity for citizens participation in implementing and carrying out activities under the Community Development Block Grant Program and the Disaster Recovery Program and other federally funded formula grant programs, as described in regulations governing submission of the Consolidated Plan, as published in the Federal Register on January 5, 199S, and hereinafter referred to as the Community Development Program(s). This plan is intended to establish minimum requirements to insure citizen involvement in the planning of activities under the afore -mentioned programs. The plan in no way restricts the City of Nederland from providing additional information and assistance when deemed to be the best interest of the citizens of Nederland. The City of Nederland's plan for citizen participation shall: ' • Provide for and encourage the involvement of interest citizens and organizations, particularly persons of low and moderate income; • Provide for full public access to program information and affirmative efforts to make adequate information available to citizens; • Provide for an encourage citizens' submission of view, input and/or complaints regarding the development of the Community Development Program. In order to stimulate and encourage citizen participation in the City of Nederland's Community Development Program, the City shall, at a minimum, adhere to the requirements contained herein. Public Hearings a. The City of Nederland shall provide citizens with reasonable and timely access to local public meetings relating to the City's proposed and actual use of funds under the Community Development Program by holding at least two public hearings per year to provide information to citizens, obtain their views and to respond to questions. At a minimum: 1 393 i. One public hearing shall be conducted to address the City of Nederland's community development needs and the activities proposed to be carried out I under the Community Development program; and ii. One public hearing shall be conducted to review the City of Nederland's performance in carrying out activities under the Community Development Program. iii. In the event of an Amendment to the Performance Statement, one meeting shall be conducted to provide citizens with reasonable notice of, an opportunity to comment on the changes in use of funds. b. Public hearings will be located at 1400 Boston Avenue, Nederland, Texas which is handicapped accessible. c. Should it become apparent that non-English speaking residents could be expected to participate at the public hearings, adequate efforts will be made by the City, utilizing necessary services, to provide information to these individuals in an understandable form. d. Notice of public hearings will be published in newspaper of general circulation in ' accordance with Section 3 of this Plan. Access to Information and Records a. The City of Nederland will provide citizens with reasonable and timely access to information and records relating to the City of Nederland's proposed and actual use of funds under these programs. 1. Notice of availability of said documents shall be published in newspapers of general circulation within the City of Nederland, along with information as to how they may obtain copies of the documents. 2. Said documents will be available for inspection in the City of Nederland. 3. Publication of Notices a. Notices of public meetings shall be published in newspapers of general circulation with the City of Nederland not less than 7 days prior to the public hearing. The advertisement shall state the time, date, location and purpose of the ' hearing. The notices shall also include other pertinent information relative to the hearing, such as handicapped accessibility, etc. 394 b. The City may, at its option, utilize other forms of promoting citizens participation in the Community Development process, including but not limited to public service announcements and mailings. 4. Comments / Complaints a. The City of Nederland shall respond with a timely written answer to written comments, requests, proposals, complaints and grievances, within 15 working days from receipt, where practicable. Whenever practical, responses will be made prior to formal location approval of any application under questions. Said citizen comments will be taken into consideration throughout the planning/performance/ evaluation process to carry out the Community Development Program. 5. Amendments to the Community Development Program a. The City of Nederland shall amend its Community Development Program whenever a substantial change occurs in activities: 1. Substantial change shall be defined as elimination of an activity, addition of an activity not previously included; revision of an activity, which will drastically change the purpose, scope, location or beneficiaries; or a change ' in the project cost by 50% of more. (1) A change in the type of activity (example: street improvements to recreation improvements) is considered to be a substantial change, regardless of location of the activity, since the total scope of the project has been revised. (2) When an activity has cost overruns or cost savings of greater than 50%. b. Prior to amending its Community Development Program, the City of Nederland shall hold a public meeting to provide citizens with reasonable notice of, and opportunity to comment on proposed changes in its use of funds. 1. Said meeting shall be advertised in a newspaper of general circulation, as further described in Section 3 (Publication of Notices) of this Plan. c. The City of Nederland shall consider any such comments and, if deemed appropriate, modify the amendment. 395 d. The City of Nederland shall publish a description of the amendment in a newspaper of general circulation. i 1. Said notice shall include the scheduled date for adoption of the Amendment by the City Council. 2. Said notice will provide clarification as to where and how the Amendment may be obtained and the procedure for submission of citizens comments or questions. e. The final amendment shall be approved at a regularly scheduled meeting of the City Council. 6. Technical Assistance The City of Nederland will provide technical assistance to groups, representative of persons of low and moderate income in developing proposals for the use of CDBG Disaster Recovery funds. Anti -Displacement a. It is the policy of the City of Nederland that Community Development Program activities ' will not convert a low/mod dwelling unit to another use. 1. Conversion shall mean an activity that results in an existing low/mod dwelling unit no longer being available as a low/mod unit, due to (1) the activity resulting in rents which exceed the Section 8 Fair Market Rents; or (2) the activity converts the unit to a use other than house. b. It is the policy of the City of Nederland that Community Development Block Grant funds will not be utilized for the demolition of a low/mod dwelling unit. Community Development Block Grant funded demolition will occur when the unit is vacant, substandard, and not suitable for rehabilitation. 1. Vacant shall mean the unit was not occupied at any time during the 12 months prior to the date of the demolition contract with the property owner. Substandard shall mean the unit has one or more code violations and does not meet, at a minimum, the Section 8 Existing Housing Quality Standards. If the cost of required rehabilitation to bring the unit to Housing Quality Standards exceeds 50% of the ' post -rehabilitation property value, the unit is considered not to be suitable for rehabilitation. ' 2. For each unit proposed for demolition, a list of the code violations will be prepared by the City of Nederland's Building Official and submitted to the City Manager's Office for review. After review, the City Manager will determine the fundability of the demolition activity with CDBG dollars. c. Should extenuating circumstances lead to displacement of residents, or elimination of City of Nederland low/mod dwelling unit(s), the City of Nederland will adhere to the funding to aid the development of replacement housing. Summary of the Citizen Participation Process To maximize citizen participation, employees of the City of Nederland will hold a public hearing to solicit information for the Community Development Program. Public comment and input will be encouraged at the meetings regarding the needs of the City of Nederland and use of Community Development program funds. 1 1 3913 331 RESOLUTION NO. 2011-24 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT ON BEHALF OF THE CITY OF NEDERLAND, A DISASTER RECOVERY PROGRAM GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE. WHEREAS, the City of Nederland, Texas was affected by and sustained damage from Hurricane Ike on September 13, 2008; and WHEREAS, the City of Nederland has been identified as an eligible jurisdiction, through the South East Texas Regional Planning Commission's Method of Distribution for Round 2.2 Disaster Recovery Supplemental Allocation, to apply for Disaster Recovery Program funding through the Texas General Land Office; and WHEREAS, the City of Nederland's Non -Housing Allocation has been determined to be $2,682,017. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The Nederland City Manager, be and is hereby authorized and directed to submit on behalf of the City of Nederland, a Community Development Block Grant Program Disaster Recovery Program application to the Texas General Land Office including all understandings and assurances contained therein and be designated to represent and act for the City of Nederland in connection with the application to provide such additional information as may be requested by the Texas General Land Office. PASSED and APPROVED on this the 5th day December, 2011. R. A. Nugent, Mayor ATTEST: Gay Fergu orV City Clerk APPROVED AS TO FORM: J sse Bra /01, Attor 3�4 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND 4:30 p.m. December 19, 2011 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 Mayor Pro Tem 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 Tem Rogers and seconded by Councilmember Albanese to approve the Consent Agenda Items 3 a -d as presented. MOTION ' CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. a. Minutes—December 5, 2011 regular meeting b. Reports - November 2011 Departmental Reports c. Tex Assessor Collection Report - November 2011 d. Payments: • Allco, Inc. - $119,961.76, 2009 Sewer Rehabilitation project • Carroll & Blackman, Inc. - $4,770.75, Avenue H Sanitary Sewer Siphon project • Carroll & Blackman, Inc. - $1,185.34, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Joint Public Hearing: The regular meeting was recessed and a Public Hearing was called to order at 4:32 p.m. by Mayor Nugent for the following: Conduct a Joint Public Hearing for the purpose of receiving comments regarding the rezoning of a 156.08 Ac. Tract known as Airport Business Park Subdivision from "R-1", Single -Family Residential District to "I-1", Light Industrial District. ' Chris Duque, City Manager, stated that Jefferson County requested the rezoning following the annexation of the property in 2010 and that a new business is interested in relocating to the old armory. The joint public hearing will allow interested parties to voice their concerns, questions, and comments. He advised Minutes Continued, December 19, 2011 3q that an action item will be on the January 9th agenda and that no action is I required tonight. Jennifer Hogancamp, Airport Manager; reported that the airport layout, approved by the federal government, lists this property as Industrial / Commercial. She is in favor of the rezoning request. Fred Jackson, Jefferson County Judge's Office, was present to speak in favor of this rezoning request. b. Conduct a Public Hearing for the purpose of receiving comments regarding the taxation of goods -in -transit pursuant to Senate Bill 1. Chris Duque, City Manager, reported that during the 2011 special session, the Texas Legislature enacted Senate Bill 1, which limits the applicability of section 11.253 of the Tax Code or the "Goods -in -Transit" exemption. He added that this is similar to the "Freeport exemption" passed many years ago. Senate Bill 1 applies to goods that are stored in a public warehouse owned by someone other than the owner of the goods; the law no longer exempts goods that are in a location for assembly, manufacturing, fabrication, or processing. Entities must act between October 1, 2011 and December 31, 2011 in order to tax goods for 2012. Mr. Duque said that this public hearing will allow interested parties to voice their concerns, comments, and questions. There being no further questions and/or comments the Public Hearing was I adjourned and the regular meeting was reconvened at 4:36 p.m. by Mayor Nugent. c. A motion was made by Councilmember Austin and seconded by Councilmember Albanese to approve Ordinance No. 2011-11, authorizing the taxation of goods - in -transit pursuant to Senate Bill 1. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. d. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Albanese to approve final payment & release of retainage to Brystar Contracting, Inc. in regards to the Avenue H Sanitary Sewer Siphon project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. e. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Austin to approve Ordinance No. 2011-22, suspending Entergy Texas Inc.'s proposed rate increase contained in their application filed on November 28, 2011. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. ' f. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve an Interlocal Cooperation Contract with the Texas Department of Public Safety. MOTION CARRIED. Minutes Continued, December 19, 2011 ' Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. g. A motion was made by Mayor Pro Tem Rogers and seconded by Councilmember Austin to approve and authorize the release to the developer the Final Plat of Sterling Ridge, Phase 2, Section 2 for recording. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Rogers to accept the constructed water and sewer system improvements of Sterling Ridge, Phase 2, Section 2. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. L A motion was made by Councilmember Albanese and seconded by Mayor Pro Tem Rogers to approve a Settlement with the Texas Commission on Environmental Quality regarding Notice of Enforcement Action, Docket No. 2011-1560-MLM-E; Enforcement Case No. 42420. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. j. Chris Duque, City Manager, reported that the LNVA has revised their Drought Contingency Plan which includes raw water rate increases. Currently we are in Stage III and the 50% rate increase will begin on January 1, 2012. He said that the proposed surcharge should be sufficient for the remainder of the fiscal year. A motion was made by Councilmember Albanese and seconded by Councilmember Austin to approve an amendment to Ordinance No. 1996-12, implementation of drought surcharge. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Albanese and Rogers. Noes: None. Absent: Councilmember Neal. S. COMMUNICATIONS City Manager's Report: a. City offices will be closed in observance of Christmas on Friday, December 23rd and December 26`h. New Year's holiday will be January 2nd and offices will reopen on January 3, 2012. S. ADJOURN ' There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Albanese to adjourn the meeting at 5:07 p.m. MOTION CARRIED. 400 Minutes Continued, December 19, 2011 401 Ayes: Mayor Nugent, Councilmembers Austin, Albanese, and Rogers. ' Noes: None. Absent: Councilmember Neal. R. A. Nugent,a or City of Nederla , Texas ATTEST: Gay Ferg "Cityrk City of Nederland, Texas 1 7 L R. A. Nugent, yor b2L&� M -PA_ y Ferg son, City C16rk Date 4011 CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor V Talmadge Austin Council Member - Ward I Billy Neal Council Member - Ward II v Don Albanese Council Member -Ward III Bert Rogers Council Member -Ward IV 1 `Chris Duque City Manager 1� J Gay Ferguson City Clerk Jesse Branick City Attorney ,✓/ V Cheryl Dowden Director of Finance ' BarreifiBash 0, rL, Police Chief V `Gary Collins Fire Chief Steve Hamilton Director of Public Works V/ ` V George Wheeler Building Official V Victoria Klehn Librarian Emily Melancon Human Resources Director Joni Underwood Executive Secretary v R. A. Nugent, yor b2L&� M -PA_ y Ferg son, City C16rk Date �4SON CO J. SHANE HOWARD TAX ASSESSOR-COLLECTOR TEXA`� STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF" DEPUTY 401 1, 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 $28S,233.74, represents all taxes collected for CITY OF NEDERLAND during the month of November 2011. M J. Shane Howard JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 1 1 1 404 ORDINANCE NO. 2011-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253. WHEREAS, the 82nd Texas Legislature in Special Session, enacted Senate Bill 1, to take effect on September 1, 2011, which would require a taxing unit to take action, in the required manner, after October 1, 2011, to provide for the taxation of goods -in - transit; and WHEREAS, Tex. Tax Code §11.253 0-1) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods -in -transit; and WHEREAS, the City Council of the City of Nederland, having conducted a public hearing as required by Section 1-n(d), Article VII, Texas Constitution, and Tex. Tax Code §11.253 0-1) is of the opinion that it is in the best interests of the City to continue ' to tax such goods -in -transit; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Goods -in -transit, as defined by Texas Tax Code Section 11.253(a)(2), as amended by Senate Bill 1, enacted by the 82"d Texas Legislature in Special Session, shall remain subject to taxation by the City of Nederland, Texas. PASSED, APPROVED, and ADOPTED on this the 19`" day of December, 2011. R. A. Nugent, Mayor ATTEST: Gay Fergaon, City ClePlt ' APPROVED AS TO FORM: sse B a ' ,City Attorney ORDINANCE NO. 2011-22 4 (� r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE JANUARY 2, 2012, 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 NOVEMBER 28, 2011; 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 November 28, 2011 Entergy Texas, Inc. ("ETI") filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $111.8 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 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 April 1, 2012 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 $111.8 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. 40 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 April 1, 2012 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 5. 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 8. 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 this 19th day of December, 2011 ATTEST: Gay Ferg on, City Cl6rk APPROVED AS TO FORM: �if7i+%�-� Je-4-? Bra is , City Attorney 1 R. A. Nugent, Mayor 40 Interlocal Cooperation Contract STATE OF TEXAS § COUNTY OF JEFFERSON § I. Parties This Interlocal Cooperation Contract ("Contract') is made and entered into between the Texas Department of Public Safety ("TDPS"), a political subdivision of the State of Texas, and the CITY OF NEDERLAND, a local political subdivision of the State of Texas. 11. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TDPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TDPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code §706.008. The Vendor will provide the necessary goods and services to establish an automated system ("FTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor based on a fee certain established by this Contract. The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. III. Definitions 1 "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure. I Revised (11104) 40R "Department" or "TDPS" means the Texas Department of Public Safety. "Failure to Appear Program" or "FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TDPS, local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FTA System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to pay or satisfy a judgment and which has submitted an appropriate FTA Report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County, Texas. VI. Application and Scope of Contract This Contract applies to each FTA Report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised (11/04) 409 VII. Required Warning on Citation for Traffic Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FTA Report If the person fails to appear or fails to pay or satisfy a judgment as required by law, the local political subdivision may submit an FTA Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; (7) the date that the person failed to appear or failed to pay or satisfy a judgment; and (8) any other information required by the TDPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non -duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted within five business days of the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. Revised (11104) 1 To the extent that a local political subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not require payment of the administrative fee. The local political subdivision shall submit a clearance report within five business days advising the TDPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must promptly file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FTA Report was submitted in error or has been destroyed in accordance with the local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code §706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest-bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. Revised (11/04) 4tn 4?' The custodian shall remit $20.00 of each fee collected pursuant to Texas Transportation Code §706.006 to the Comptroller on or before the last day of each calendar quarter and retain $10.00 of each fee For payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TDPS has contracted with OmniBase Services of Texas ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346-6511 ext. 100; (512) 346-9312 (fax) The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of a claim or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without written consent. I Revised (11/04) At'I To the extent authorized by law, the local political subdivision agrees to indemnify and hold harmless the TDPS against any claims, suits, actions, damages and costs of every nature or description arising out of or resulting from the performance of this Contract, and the local political subdivision further agrees to satisfy any final judgment awarded against the local political subdivision or the TDPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgment or related cost is not attributed by the judgment of a court of competent jurisdiction to the sole negligence of the TDPS. It is the agreement of the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TDPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one agreement. But, in making proof of this agreement, it shall not be necessary to produce or account for more than one such counterpart. XVII. Effective Date of Contract This contract shall be in effect from and after the date that the final signature is set forth below. This contract shall automatically renew on a yearly basis. Revised (11/04) 4} 1 However, either party may terminate this agreement upon thirty days written notice to the other party. Notice may be given at the following addresses: Local Political Subdivision Texas Department of Public Safety City of Nederland Safety Project Administrator, FTA Program P.O. Box 1165 5805 North Lamar Boulevard Nederland, Texas 77627 Austin, Texas 78773-0001 (409) 723-1549 [fax] (512) 424-5948 [fax] Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF PUBLIC SAFETY Oscar Ybarra Chief of Finance Date LOCAL POLITICALSUBDIVISION* Authorized �` nature Mau�� Title Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. Revised (11/04) 1 il 414 AMENDMENT TO ORDINANCE NO. 1996-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING ORDINANCE NO. 1996-12; ESTABLISHING A DROUGHT SURCHARGE ON UTILITY BILLS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Nederland operates and maintains a water treatment plant, selling treated water to customers served by the City water system, whether located within or outside the city limits; and WHEREAS, Ordinance No. 1996-12 established regulations for controlling and/or limiting water usage during an emergency; and WHEREAS, the raw water contract between the City of Nederland and the Lower Neches Valley Authority necessitates an amendment to the regulations established in 1996 to reflect the updated Drought Contingency Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1: Section 4: SURCHARGE SYSTEM of Ordinance No. 1996-12 is hereby amended as follows: Section 4: SURCHARGE SYSTEM. The City Council may, after declaring a water usage emergency, impose the following Drought Surcharge on all water usage per month by any user; the water usage emergency conditions reflect the Lower Neches Valley Authority's Drought Contingency Plan: Stage I — Moderate Water Shortage Condition DROUGHT SURCHARGE NOT APPLICABLE Stage II — Severe Water Shortage Condition (Sam Rayburn Reservoir below 153.0 MSL for a continuous period of 20 days and raw water rates are increased by 25%) 0 — 2, 000 gallons NO ADDITIONAL CHARGE 21001-50,000 gallons $0.10 per 1,000 gallons 50, 000+ gallons $0.11 per 1, 000 gallons Stage 111 — Extreme Water Shortage Condition (Sam Rayburn Reservoir below 151.5 MSL for a continuous period of 10 days and raw water rates are increased by 50%) 0 — 2, 000 gallons NO ADDITIONAL CHARGE 2,001-50,000 gallons $0.15 per 1,000 gallons 50, 000+ gallons $0.16 per 1, 000 gallons Stage IV — Exceptional Water Shortage Condition (Sam Rayburn Reservoir below 149.0 MSL for a continuous period of 3 days and raw water rates are increased by 100%) 0 — 2, 000 gallons NO ADDITIONAL CHARGE 2,001-50,000 gallons $0.25 per 1,000 gallons 50,000+ gallons $0.26 per 1, 000 gallons These surcharges shall become effective for each user as soon as the City can read the meter serving that user and notify that user. Section 2: All ordinances hereto passed by the City of Nederland contrary to or in conflict with this ordinance are hereby expressly repealed. Section 3. This ordinance shall be in full force and effect from and after its passage. CONSIDERED, APPROVED AND PASSED at regular meeting of the City Council this the 19TH day of DECEMBER, 2011. 1* -'1i ,i,.,� R.A. Nugent/ ayor City of Nederland, Texas ATTEST: Gay Ferg son, City CIA City of Nederland, Texas APPROVED AS TO FORM: J0ofNk, City Attorney Cland, Texas 1