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2015REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January 12, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — December 15, 2014 regular meeting b. Consider action regarding a request from Adaptive Sports for Kids to utilize the Nederland Recreation gymnasium and various fields at Doornbos Park for 2015 programs. c. Payments: • Allco, Inc. - $77,678.00, J. M. Staffen Addition Waterline project • Allco, Inc. - $100,189.78, Hurricane Ike Round 2.2 project • d.p. Consulting Engineers, Inc. - $2,100.00, J. M. Staffen Waterline project • Action Civil Engineers - $6,000.00, Nederland Avenue Drainage Study • Carroll & Blackman, Inc. - $684.00, Phase II MS4 Permit Implementation Services 4. REGULAR AGENDA a. Representatives of Phillips 66 presented a donation of $100,000 to the Nederland Fire Department. Paul Seyler, 3010 Briarpark, Houston, explained Phillips 66 is new to the community and is looking for opportunities to assist. Jan Tomlin from the Nederland Terminal said she was excited to be able to make this donation. Mayor Nugent and Councilmember Neal thanked Phillips 66 for the generous donation. Minutes Continued, January 12, 2015 A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept a donation from Phillips 66 to the Nederland Fire Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Bids: L A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to award a bid for green waste reduction/disposal services to Good Times Wood Products, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the solicitation of bids for the 2015 sundeck replacement project at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve a work authorization with Schaumburg & Polk, Inc. for the South 5th Street elevated water storage tank rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the 2015 hotel occupancy tax budget of the Nederland Chamber of Commerce in accordance with Texas Tax Code Section 351.101.c. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, stated the City identified the need to address the City Shop building due to certain City vehicles and equipment not fitting in the existing building. He went on to say funds were allocated to construct a new City Shop building adjacent to the Service Center. For the past several months, Public Works supervisors and the Public Works Director have worked on a layout and plan for the building. Steve Hamilton, Public Works Director, reviewed the proposed draft of the layout of the building. He said the building is 50' X 80' with 4 bay doors, a small office and storage space. Mr. Duque informed this is a discussion item and no action is necessary. f. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Ordinance No. 2015-01, authorizing participation with other Entergy -service cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, January 12, 2015 g. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Ordinance No. 2015-02, amending the FY 2014-2015 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:12 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 5:44 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. City offices will be closed Monday, January 19th in observance of Martin Luther King, Jr. Day. Solid waste pickup will be delayed by one day for the week. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:52 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R.A. Nugent, ayor City of Nederland, Texas ATTEST: on, Ci kayFF��ergty C1 City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE R. A. Nugent Mayor Talmadge Austin Council Member —Ward Billy Neal Council Member —Ward II Don Albanese Council Member— Ward III Craig Belaire Council Member —Ward IV Chris Duque City Manager Gay Ferguson Citi 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, Nyor ay erg sn, y r January 12, 2015 Date PRESENT ABSENT ORDINANCE NO. 2015-01 A ORDINANCE 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 2015 WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated under traditional cost -of -service regulation; and WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during 2015 and into the future; and WHEREAS, ETI is scheduled to litigate requests in various proceedings before the Public Utility Commission of Texas, before municipalities, or before the Federal Energy Regulatory Commission in 2015 related to ETI's integration with the Midwest Independent System Operator ("MISO"), ETI's continuing commitment to exit the Entergy System Agreement on an expedited basis, various fuel cost refunds or surcharges and reconciliations, capacity cost surcharges and reconciliations; and for any type of base rate proceedings (such as a new base rate increase request, transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, hurricane restoration cost or offset true -ups, or a purchased power capacity cost recovery rider) or cost allocation adjustments; and WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2015, and file other fuel proceedings during 2015 to reconcile fuel, to refund or surcharge fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; and WHEREAS, ETI is expected to file a proceeding for a base rate change and fuel reconciliation during 2015 to recover costs associated with new capacity purchases; and WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and 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; and 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that: SECTION 1. The City of Nederland shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in 2015 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City of Nederland shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2015 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 Ordinance 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 12TH day of JANUARY, 2015. C� R.A. "Dick" Nu nt, Mayor City of Neder nd, Texas ATTEST: b- 0-1 '-I' N"1\-- Gay Ferg son, City Cle City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Bra ic�City Attorney Ci y of derland, Texas ORDINANCE NO. 2015-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2014 and ending September 30, 2015, 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 2014-2015 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 12th DAY OF JANUARY, 2015. ATTEST: bay Ferg son, City Cler APPROVED AS TO FORM AND LEGALITY: Jes Brani ity Attorney R. A. Nugent, ayor City of Nederland, Texas CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 DATE: January 12, 2015 DEPARTMENT: Various FUND: General Fund (01), Hotel/Motel (23) Parks Special Fund (25), Capital Outlay Fund (31) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4720 Sale of Land - 155,000 155,000 01-9000-6904 Transfer to Parks Special Fund 495,000 251000 520,000 01-9000-6907 Transfer to Capital OutlayFund - 130 000 130 000 , 01-9000-6336 Retiree Accrued Compensation 251000 12,761 12 239 01-2100-6110 Salaries & Wages 11604,761 111212 11615,973 01-2100-6124 TM RS 1241235 691 124,926 01-2100-6126 Social Security 1471483 858 148,341 23-0000-4700 Miscellaneous Revenue - 101000 101000 23-0000-6393 Contractual Services 51000 20,000 25,000 31-0000-4901 Transfer In 150,000.00 1301000.00 2801000.00 31-0000-6720 Buildings, Fixtures, and Grounds 570,000.00 75,000.00 645,000.00 25-0000-4901 Transfer In 495 000.00 25 000.00 520 000.00 25-5103-6720 Buildings, Fixtures, and Grounds 3507000.00 251000.00 3757000.00 TOTAL 319661479.00 595,000.00 415611479.00 JUSTIFICATION The budget amendment reflects revenue and allocation of funds from the sale of the island rights to the Navigation District as approved by Council in September 2013. In addition, funds are transferred for the payment of accrued leave for Det. Ben Hanks. And funds are allocated in the Hotel Occupancy Tax Fund. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. January 26, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Pro Tem Albanese at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. a. Minutes — January 12, 2015 regular meeting b. December 2014 Departmental Reports c. Tax Assessor Collection Report - December 2014 d. Consider action 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. e. Payments: • Schaumburg & Polk, Inc. - $151597.50, 2015 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. - $5,091.00, Nederland Avenue Study 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to re -appoint Alex Rupp, Marty Byrd, and Sylvia Root to the Nederland Parks Advisory Board. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. Minutes Continued, January 26, 2015 b. Contracts/Agreements: L A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an Engineering Services Agreement with Daniel & Brown, Inc. for the SCADA project. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmember Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. ii. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a work authorization with Schaumburg & Polk, Inc. for the S. 12th Street waterline replacement project. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmember Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the solicitation of bids for the 2015 hot mix asphalt street overlay project. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. d. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the release of partial retainage to Bruce's General Construction for the Homer E. Nagel Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the final plat of Corkran Place. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2015-01, ratifying the action of the Nederland Economic Development Corporation related to the acquisition of 1519 Boston Avenue. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. g. 2015 Election: L A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2015-02, calling for an election to be held on May 91 2015 for the purpose of electing two councilmembers - one from Ward I and one from Ward III and appointing a clerk for early voting. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmember Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. Minutes Continued, January 26, 2015 ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance 2015-03, calling for a special election to be held on May 91 2015 for the purpose of the re -authorization of the street sales tax. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmember Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. iii. Chris Duque, City Manager, reviewed the recommendation from the Charter Review committee for possible revisions to the City Charter with the May 2015 election. He reported the committee met 3 times in which they reviewed the existing Charter, presented recommendations from staff, discussed and debated said recommendations, and voted unanimously on five recommendations for council consideration. iv. A motion was made by Councilmember Austin and seconded by Councilmember Neal to postpone Ordinance No. 2015-04, calling for a special election to be held on May 9, 2015 for the purpose of submitting proposed amendments to the City Charter of the City of Nederland to the voters, and appointing election officials. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. h. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a request from Phillips 66 for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Pro Tem Albanese, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Nugent. S. COMMUNICATION City Manager's Report: a. Miscellaneous - Heritage Festival Mixer at the KC Hall on Tuesday. 6. AD,ZQU RN There being no further business a motion was made by Councilmember Neal and seconded by Councilmember Austin to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nug , M yo City of Nederland, Texas Minutes Continued, January 26, 2015 A i i tST: - 9, 4 6 /V Gay Fergus , City Clerk City of Nederland, Texas 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 Craig Belaire Council Member —Ward IV v Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney � Cheryl Dowden Director of Finance Darrell Bush Police Chief � Gary Collins Fire Chief V Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Anaela Fanette Parks Director 1 % v _ _ Pon-Allba'nese, Mayor Pro Tem PaiyFergu's'on, City 4eo ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Allison Nathan Getz, 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 $2,441,571.58, represents all taxes collected for CITY OF NEDERLAND during the month of December 2014. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516,o FAX: (409)835-8589 Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director Advisory Commission: 8905 First Street f Dr. M.Q. Way, Chairman Beaumont, Texas 77705 . Denise Wheeler, Secretary Phone: (409) 719-5940 George Mitchell Fax: (409) 727-4176 Paul Jones ksexton@co. Jefferson . U. us Wayne Morris Matt Vincent January 5, 2015 Mayor's Office City of Nederland P.O. Box 967 Nederland, TX 77627 Dear Mayor: Each year the Jefferson County Mosquito Control District requests the governing bodies of the different communities in Jefferson County to furnish a waiver permitting the Mosquito Control aircraft to fly at low altitudes over the territory under their jurisdiction. It is respectfully requested that the City Council sign the enclosed waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft over the City of Nederland for mosquito control purposes. Federal Regulations places the responsibility of maintaining all records and complying with all rules and regulations upon the operator of the aircraft. This file is open at all times for inspection. We furthermore request that you please mail or fax over the signed copy of the waiver to the number listed above. If at any time you may have any questions, please contact Jerry Hinson, Chief Pilot or Kevin J. Sexton, Director for assistance. Resp'ectf ours, ,, J`erry inson, Chief Pilot Cc: County Judge Jeff Branick, Jefferson County Commissioner Eddie Arnold, Precinct 1 Commissioner Brent Weaver, Precinct 2 Commissioner Michael Sinegal, Precinct 3 Commissioner Everett Alfred, Precinct 4 Jefferson County Mosquito Control District Organized in 1950 Kevin J. Sexton, Director 8905 First Street _ Beaumont, Texas 77705 Phone: (409) 719-5940 Fax: (409) 727-4176 ksexton@co. jef Person . tx . us January 5, 2015 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 Paul Jones Wayne Moms 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: Mayor's Office, City of Nederland, Texas Date: Jerry Hinson, Chief Pilot Jefferson County Mosquito Control District JWH/dw • 2 RESOLUTION 2015-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 91 2015; DESIGNATING THE POLLING PLACE; PROVIDING FOR OTHER MATTERS RELATING TO THE GENERAL ELECTION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the laws of the State of Texas and the Charter of the City of Nederland provide that on May 9, 2015 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, 2015, for the above mentioned offices file their application to have their name placed on the ballot with the City Clerk at City Hall, 207 N. 12th Street, Nederland, Texas, not later than the sixty-second (62nd) days before the election or earlier than the 30th 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 January 28, 2015, with the last day for filing to be February 27, 2015 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, 207 N. 12th Street, Nederland, Texas. The City Clerk is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. Linda Sherman will serve as Presiding Judge and Ronald Campbell 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. Carolyn Guidry is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12th) day and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Monday, May 4, 2015 and Tuesday, May 5, 2012. 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. John Stafford is hereby appointed as the Presiding Judge for the Early Voting Ballot Board. Bruce Drury is hereby appointed to serve as the Presiding Judge of the Central Counting Station as provided in Section 127.005 of the Election Code. Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The Hart eSlate System 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 Hart eSlate System 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, 83.0101 85.004, and 85.007 of the Election code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 26th day of January, 2015. w / Talmadge Austin,`�Nard I Councilmember on Albanese, Ward III Councilmember ATTEST: Gary FergusVr , City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je se Br ni&, City Attorney ity of derland, Texas R. A. Nugent, Mayor City of Nederland, Texas Q!, Billy Ne and II 6ouncilmember Craig Bela' , r IV Councilmember CITY OF NEDERLAND ORDINANCE NO. 2015-03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CALLING A SPECIAL ELECTION ON SATURDAY, MAY 9, 2015; 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 91h day of May, 2015, 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, 207 N. 12th Street, 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. Linda Sherman will serve as Presiding Judge and Ronald Campbell 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. Carolyn Guidry 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 fifteenth (15) day and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Monday, May 4, 2015 and Tuesday, May 5, 2015. 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 5. The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. John Stafford 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. Bruce Drury 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 6. 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 Hart eSlate System 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 Hart eSlate System as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. Section 7. 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 8. It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED this 26th day of January , 2015. Talmadge Aussitin, Ward I Councilmember tion Albanese, Ward III Councilmember ATTEST: rV 6ay Fer l son, City rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: r � . Je se Brani , City Attorney ty of Ned rland, Texas R. A. Nugent, Mayor City of Nederland, Texas Billy Neal, Ward II Coun�ilmember Craig Berrek0ard­rV Councilmember REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. February 9, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE, The invocation and pledge of allegiance were led by Chris Duque, City Manager. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — January 26, 2015 regular meeting b. Consider action approving a request from Jorge Lopez for the use of the tennis courts for high school tennis competition. c. Consider action setting a Public Hearing date to consider and take action from the recommendation of the Construction Board of Appeals on the demolition of the following properties: • 508S. 37th Street being of Lot 5, Block 17 of Airport 2 • 607S. 11th & 1037 Avenue E being of Lot 11, Block 2, Midway Addition • 2423 Nederland Avenue being of Lots 10-12, Block 2, Hillcrest 1st d. Street Closures: • Consider action authorizing the closure of various city streets for the Spindletop Streetrods & Hotrods Association car show. • Consider action authorizing the closure of various city streets for the Nederland Heritage Festival activities. e. Payments: • Allco, Inc. - $98,584.34, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project • Carroll & Blackman, Inc. - $1,112.84, Phase II MS4 Permit Implementation Services Minutes Continued, February 9, 2015 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Councilmember Austin to accept the Racial Profiling Report from the Nederland Police Department as required by Article 2.132(b)(7) of the Texas Code of Criminal Procedure. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Bids: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for water inventory items. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for the Nederland Swimming Pool Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for Employee Group Benefits (Dental Insurance). MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Change Order No. 1 to LD Construction - 2014 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve final payment and release of retainage to LD Construction - 2014 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Economic Development Corporation: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Resolution No. 2015-01, ratifying the action of the Nederland Economic Development Corporation related to the acquisition of 1519 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Resolution No. 2015-03, ratifying the action of the Nederland Economic Development Corporation related to the renovation/improvements to 1519 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Minutes Continued, February 9, 2015 Noes: None. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Resolution 2015-04, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Mollie's Boutique.com. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the acceptance of the 2014/2015 grant from the Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Change Order #1 - 1 M. Staffen Addition Waterline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Resolution No. 2015-05, authorizing the submission of a Texas Community Development Block Grant Program Application to the Texas Department of Agriculture for the Community Development Fund. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. L A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Ordinance No. 2015-04, calling for a special election to be held on May 9, 2015 for the purpose of submitting proposed amendments to the City Charter of the City of Nederland to voters, and appointing election officials. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:12 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 Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. 6. RECONVENE The regular meeting was reconvened at 6:30 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes Continued, February 9, 2015 7. COMMUNICATION City Manager's Report: a. Construction Project Update given by Steve Hamilton, Public Works Director: • General Land Office sewer project is progressing. • J. M. Staffen Addition Waterline - will be adding additional fire hydrants. • 2015 Asphalt Hotmix project has been approved and getting ready to go out for bid. • The City has millings for Little League, if they still are in need for them. • City crews are working on sidewalks in Doornbos Park and building the parking lot behind City Hall. b. City offices will be closed Monday, February 16th for Presidents Day. c. Hooked on Fishing Not on Drugs will be held February 21St. d. Nederland EDC is requesting a special called meeting this Friday at 4:00 p.m. Be ADJOURN There being no further business a motion was made by Council member Neal and seconded by Council member Austin to adjourn the meeting at 6:37 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. end R. A. Nugent r City of Nedex ATTEST: Gay Ferguso`h, City Clerk City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director 9 R. A. Nu ent ayor 0/11-.- I—, g 4 Owi Fer Wity� February 9, 2015 Date PRESENT ABSENT RESOLUTION NO, 2015-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS 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 empowered under applicable state law, its charter, bylaws and by board approval, to purchase or otherwise acquire for the NEDC, any property, rights or privileges, which the NEDC is authorized to acquire and for maintenance and operating costs associated with projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the cost of acquiring the office building at 1519 Boston Avenue for new offices of the Nederland Economic Development Corporation, in an aggregate maximum amount of not more than One Hundred Seventy Thousand dollars ($170,000.00), 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 26th day of January , 2015 at which meeting a quorum was present and voting. R. Q. Nugent,yor City of Neder and, Texas ATTEST: Paylergudn, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je4Bran*k2�c"y Attorney Cierland, Texas PASSED AND APPROVED ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this T" day of Februarv, 2015 at which meeting a quorum was present and voting. ATTEST: Gay Ferguso , City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Bran' , City Attorney Ci - of derland, Texas R. A. NugentV,a r City of Nederland, Texas RESOLUTION 2015-05 A RESOLUTION OF i HE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE COMMUNITY DEVELOPMENT FUND; 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 COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Nederland desires to develop a viable urban community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City of Nederland to apply for funding under the 2015/2016 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: • That a Texas Community Development Block Grant Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Agriculture. • That the City's application be placed in competition for funding under the Community Development Fund • That the application be for $275,000.00 of grant funds to carry out a Sewer System Improvement Project, with matching funds of $55,000.00 provided by the City. • That the City Council directs and designated the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with the application and the City's participation on the Texas Community Development Block Grant Program. PASSED AND APPROVED by the City Council of the City of Nederland this the 9" day of February, 2015. ATTEST: Gay Ferguson, tr,ity ��t C(;A 1�- (/ I � A tv�� lerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Branic , ity Attorney C'ty of N erland, Texas R. A. Nugent, or City of Nederland, Texas CITY OF NEDERLAND ORDINANCE NO. 2015-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CALLING FOR A SPECIAL ELECTION FOR MAY 912015, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF NEDERLAND; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, in accordance with Section 9.004(a) of the Texas Local Government Code, the City Council hereby calls for the submission of proposed Charter amendments to the voters of the City of Nederland; and, WHEREAS, the City Clerk has advised the City Council that the next authorized date to call a special election to consider the proposed Charter amendments is May 9, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: It is hereby ordered that a special election is to be held in the City of Nederland on May 9, 2015, for the purpose of submitting to the qualified voters the hereinafter described proposed charter amendments. Such election shall be held at the polling place with the election judge and alternate election judge as provided in Section 4. Section 2: There shall be submitted at said special election to be held May 9, 2015, the following measures as proposed amendments to the City Charter of the City of Nederland: PROPOSED AMENDMENT NO. 1 That Section 1.04 of Article I of the City Charter shall be amended so that such section shall read as follows: "The City Council shall have the authority and power to, by ordinance, fix the boundary limits of the City of Nederland, and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the inhabitants of the territory annexed. a) The boundaries and limits of the City of Nederland, as now or hereafter existing, may be extended so as to include within the corporate limits of said city, any territory or several areas adjoining such limits as then existing, whenever a majority of the inhabitants within such territory, area or areas, qualified to vote for members of the State Legislature, shall petition the City Council, in writing, to become a part of said City and attach to said petition the affidavit of one (1) or more of their number to the effect that said petition is signed by a majority of such qualified voters; and thereupon the City Council, at any regular session held not sooner than ninety (90) days after the presentation of such petition, may, by ordinance, annex such territory, area or several areas to the City of Nederland, and thenceforth the said territory, area or several areas so annexed shall be a part of the City of Nederland, and the inhabitants thereof shall be entitled to all rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the said City made in conformity thereto and passed in pursuance of this Charter, or any amendment thereof. b) The City Council shall have the authority and power to, by ordinance, fix the boundary limits of the City of Nederland, and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the inhabitants of the territory annexed: Provided, that upon the introduction of any such ordinance and before final passage thereof, there shall have been given the notice thereof and the hearing thereon provided in the next succeeding section hereof. When said ordinance is finally passed, the said territory so annexed shall be a part of the City of Nederland and the inhabitants shall be bound by the acts, ordinances, resolutions and regulations of said City made in conformity thereto and passed in pursuance of the Charter, or any amendment thereof. Before enacting the ordinance provided and referred to in either of the preceding sections numbered a and -b, the City Council shall hold a public hearing after notice thereof given by publication in one (1) issue of some newspaper of general circulation within the City of Nederland, Texas, at least ten (10) days prior to the date set for such hearing, setting forth therein the territory, area, or several areas proposed to be brought within the City limits (at which hearing the inhabitants of such territory, area or areas, and the owners of property within the same, may in person or by counsel offer evidence and present their views in favor of or against such inclusion, in addition to the presentation of evidence for or against the same on the part of the then existing City of Nederland, the inhabitants and taxpayers thereof) and upon such hearing shall find from the evidence submitted that the inclusion of such territory, area, areas, or some portion thereof, to be described in the findings of the Council, is adjacent to the City limits and that the inclusion thereof within said limits would be a benefit to the owners of the property therein, and that the inclusion of such territory or portions thereof would likewise be a benefit to the then existing City of Nederland. The findings made by the City Council, after such notice and hearing shall be final and conclusive as to the facts so found and shall be a sufficient and legal basis for the enactment of the ordinances above provided for. In the event State law requires a home rule city to follow a different procedure for notice and hearing prior to annexation than that prescribed in this section, the State law shall control." PROPOSED AMENDMENT NO. 2 That Section 2.04(b) of Article II of the City Charter shall be amended so that such section shall read as follows: "The judge or judges of said court shall be appointed by the City Council, shall hold his office at the pleasure of the City Council, and shall receive such salary as may be fixed by the City Council. The City Clerk or an assistant City Clerk shall be an ex officio clerk of said court." PROPOSED AMENDMENT NO. 3 That Section 3.01 of Article III of the City Charter shall be amended so that such section shall read as follows: "The legislative and governing body of the City of Nederland, Texas shall be known as "The City Council of the City of Nederland, Texas." Said City Council shall be composed of the Mayor and four (4) Councilmembers; the members of the City Council, excluding the Mayor, shall be numbered as to wards one (1) through four (4). The term of office for all members of the City Council shall be three (3) years and until the successor to the office is elected and qualified. The Mayor and Councilmembers shall be elected by staggered terms. At the regular City election in 2015, the ward one (1) and ward three (3) Councilmembers shall run for two- year terms; the Mayor and ward two (2) and four (4) Councilmembers shall run for three-year terms at the regular City election in 2016; at the regular City election in 2017, the ward one and ward three Councilmembers shall run for three-year terms; in 2018, no member of the City Council would be up for election. If any Councilmember files an application to be a candidate for Mayor such filing shall constitute a forfeiture of the currently held office in accordance with the constitution and laws of the State of Texas." PROPOSED AMENDMENT NO. 4 That section 3.02 of Article III of the City Charter be amended so that such section shall read as follows: "The Mayor and each of the Councilmembers shall be a citizen of the United States of America and a qualified voter of the State of Texas; shall have resided for at least one year preceding the next election within the corporate limits of the City of Nederland. The Mayor and each of the Councilmembers shall not be indebted to the City at the time he takes office nor during their term of office. A member of the Council ceasing to possess any of these qualifications, or convicted of a felony while in office or who shall be absent from three consecutive regularly scheduled Council meetings without a valid excuse, shall immediately forfeit his office; and the City Council at its next regular meeting shall declare a vacancy to exist and shall fill said vacancy as set forth in Section 3.07 of this charter." PROPOSED AMENDMENT NO. 5 That Section 4.01(u) of Article IV of the City Charter be added so that such section shall read as follows: "Approve the sale of items that the City Council has declared surplus at the best value to the City of Nederland". CHARTER PROPOSITION NO. 1, Shall Section 1.04 of Article I of the City Charter be amended to further define the Extension of City Boundaries? CHARTER PROPOSITION NO. 2, Shall Section 2.04(b) of Article II of the City Charter be amended to delete language that specified the judge "shall not be an elected official"? CHARTER PROPOSITION NO. 3 Shall Section 3.02 of Article III of the City Charter be amended to extend Councilmembers' terms to 3 years, and set an election schedule to stagger election? CHARTER PROPOSITION NO. 4 Shall Section 3.02 of Article III of the City Charter be amended to stipulate the Mayor and each Councilmember shall not be indebted to the City at the time he takes office nor during their term of office? CHARTER PROPOSITION NO. 5 Shall Section 4.01 (u) of Article IV of the City Charter be added for surplus items to be sold for best value to the City of Nederland? Section 4: The City of Nederland has one polling place located in the City Office Building, 207 N. 12th Street, Nederland, Texas. The City Clerk is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. The following named persons are hereby appointed officers for said election: Linda Sherman will serve as Presiding Judge and Ronald Campbell 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 5: The polls at the designated polling place shall on said election day be open from 7:00 a.m. to 7:00 p.m. Section 6: Carolyn Guidry is hereby appointed Clerk for Early Voting. The Early Voting for the above designated election shall be at the Nederland City Hall Building, 207 N. 12th Street, Nederland, Texas, and said place of Early Voting shall remain open for at least eight (8) hours on each day for Early Voting which is not a Saturday, Sunday, or an official State holiday, beginning on the twelfth (12th) day and continuing through the fourth (4th) day preceding the date of said election. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said Early Voting. As required under Section 85.005(d), Election Code, early voting by personal appearance at the main early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays, therefore, early voting by personal appearance shall be conducted for 12 hours from 7:00 a.m. to 7:00 p.m. on Monday, May 4, 2015 and Tuesday, May 5, 2015. Ballot applications and ballots voted by mail may be sent to the County Clerk at P.O. Box 1151, Beaumont, TX 77704. Section 7: The Early Voting Ballot Board shall be created as provided by Election Code Sec. 87.001. John Stafford is hereby appointed as the Presiding Judge for the Early Voting Ballot Board. Bruce Drury 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 8: Said election shall be held in accordance with the Election Code of the State, and only resident qualified voters of said City shall be eligible to vote at said election. All ballots shall be prepared in accordance with Texas Election Code. Paper ballots shall be used for early voting by mail and for provisional ballots. The Hart eSlate System 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 Hart eSlate System as approved by the Secretary of State. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials is hereby authorized. Section 9: The Mayor shall give notice of this election in accordance with the terms and provisions of Sections 4.004, 83.010, 85.004, and 85.007 of the Election Code, and all necessary orders and writs for said election shall be issued by the proper authority. Returns of said election shall be made to the City Council immediately after the closing of the polls. Section 10: It is further found and determined that in accordance with the order of this governing body, the City Clerk posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessibly to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland this 9th day of February , 2015. ATTEST: Gay Ferg on, City CI rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse �raniq ity Attorney City f Ne rland, Texas R. A. Nugen , 4or City of Nederland, Texas 1. MEETING THE CITY COUNCIL OF THE NEDERLAND February 23, 2015 The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 cou nci i member 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 Neal to approve the Consent Agenda Items 3 a -f as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — February 9, 2015 regular meeting b. January 2015 Departmental Reports c. Tax Assessor Collection Report - January 2015 d. Consider action approving a request from First Baptist Church to utilize Doornbos Park for their annual Easter Egg Hunt. e. Consider action authorizing the closure of City streets as requested by First Baptist Church for an event to be held at the Church from March 6th to March 15th. f. Payments: • d.p. Consulting Engineers, Inc. - $4,500.00, J. M. Staffen Addition Waterline project • Action Civil Engineers Inc. - $6,000.00, Nederland Avenue Study • Schaumburg & Polk, Inc. $3,645.00, 2014 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. - $30,139.31, 2015 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. - $2,785.00, Nederland Avenue Study 4. REGULAR AGENDA a. Scott Ferguson, President of Adaptive Sports for Kids, made a presentation to City Council thanking them for their continued support and inviting them to opening Minutes Continued, February 23, 2015 day of baseball on March 7, 2015 at 1:00 p.m. Athletes presented t -shirts to councilmembers, city attorney, parks director, and city manager. b. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the donation of surplus items to the Nederland Heritage Festival. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept the Hotel Occupancy Tax fund quarterly report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to authorize the submittal of the Sanitary Sewer Overflow Agreement Annual Progress Report (Year 1) to the Texas Commission on Environmental Quality. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, reported on the street program budgeted at $1,951,000 this year. DESCRIPTION BO MAG/Chip Seal Hot Mix Overlay Concrete Rising JEFF CO. Materials Engineering TOTAL Available Funds COST $175.1000 $1,400,000 $235,000 $20,000 $120,000 $1,950,000 $1,951,000 Mr. Duque stated Mr. Graves and Mr. Hamilton developed a list of streets that would be BOMAG'ed by the Street Department and chip sealed with the County's assistance. The city and county staff will coordinate work to minimize inconvenience to residents along the streets. The county is finagling the Interlocal Agreement to complete the work. No action is necessary. f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve the South East Texas Regional Planning Commission Regional Mutual Aid Agreement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the submittal of a 2014 Assistance to Firefighters SAFER grant application. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, February 23, 2015 h. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Ordinance No. 2015-05, establishing hours of operation, procedures, facility rental fees, pool rental/passes, and league fees for the Nederland Recreation Center and Nederland Swimming Pool. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. L A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve an agreement for consulting services for employee insurance benefits with IPS Advisors, Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. j. Chris Duque, City Manager, said the Police Department proposes to place the name, picture (if applicable or available), and information of individuals with outstanding warrants on the city's website. Darrell Bush, Police Chief, stated this would be the same program as several area jurisdictions have been operating for a couple of years. This would give people the chance to find out there is a warrant who may not know. It will be updated once a week and the court staff would advise when to take anyone off. k. Election: L A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to amend Resolution No. 2015-02 that called for an election to be held on May 9, 2015 for the purpose of electing two councilmembers - one from Ward I, one from Ward III, and appointing a clerk for early voting. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to amend Ordinance No. 2015-03 that called for a special election to be held on May 9, 2015 for the purpose of the re -authorization of the street sales tax.. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to amend Ordinance No. 2015-04 that called for a special election to be held on May 9, 2015 for the purpose of submitting proposed amendments to the City Charter of the City of Nederland to the voters and appointing election officials. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:22 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. Minutes Continued, February 23, 2015 6. RECONVENE The regular meeting was reconvened at 5:52 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: The City will be asking for assistance in keeping the recycling bins clean and not dumping outside of the bins when they are full. The recycling center has 4 bins and they are picked up 3 times a week. We will be installing cameras at this site soon. b. Nederland EDC is requesting a special called meeting this Friday at 4:00 p.m. S. ADJOURN There being no further business a motion was made by Council member Neal and seconded by Councilmember Austin to adjourn the meeting at 5:55 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugen , M or City of Nederland, Texas A EST: y F rguS�on, City Clerk ity of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. A'14A Nugent, Oyor 6P'�(yvFerg�'son, City CI k February 23, 2015 Date PRESENT f, ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTE' I, Allison Nathan Getz, 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 $1,846,524.06, represents all taxes collected for CITY OF NEDERLAND during the month of January 2015. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEALJMONT, TEXAS 77704-2112 PHONE: (409)835-8516 9FAX: (409)835-8589 AMENDMENT TO RESOLUTION 2015-02 AN AMENDMENT TO RESOLUTION NO. 2015--02 OF THE CITY OF NEDERLAND, TEXAS CALLING A GENERAL ELECTION ON SATURDAY, MAY 9, 2015; 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 City of Nederland will add Jefferson County Courthouse as an early voting polling location located at 1085 Pearl, Beaumont, Texas. WHEREAS, the polling location at the Jefferson County Courthouse shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, including Saturday, May 2, 2015, and ending May 5, 2015. As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. The City of Nederland has the polling place located in the New City Hall Building, 207 N. 12th Street, Nederland, Texas. This polling location shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, excluding Saturday, May 2, 2015, and ending May 5, 2015. As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. NOW, THEREFORE, BE IT RESOLVED AND ORDERDD BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT a polling location at Jefferson County Courthouse, located at 1085 Pearl Street, Beaumont, Texas, be added for the City of Nederland General Election for early voting; and and THAT resolution No. 2015-02 shall be amended when this Resolution becomes effective; THAT this resolution shall take effect and be in force from and after its passage. PASSED, APPROVED AND ADOPTED this 23,d day of February, 2015. C Talmadge Austin, Ward I Councilmember Pn(�� lbanese, Ward III Councilmember ATTEST: G y Fergus ity Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jea Br ni , City Attorney Ci of ederland, Texas R. A. Nugent,, ayor City of Nederland, Texas Billy Neal,`Ward II Councilmember /Z I Haig B0 irard IV Councilmember CITY OF NEDERLAND AMENDMENT TO ORDINANCE NO. 2015-03 AN AMENDMENT TO ORDINANCE NO. 2015-03 OF THE CITY OF NEDERLAND, TEXAS, CALLING A SPECIAL ELECTION ON SATURDAY, MAY 9, 2015; 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, the City of Nederland shall add Jefferson County Courthouse as an early voting polling location located at 1085 Pearl, Beaumont, Texas. WHEREAS, the polling location at the Jefferson County Courthouse shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, including Saturday, May 2, 2015, and ending May 5, 2015 As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. The City of Nederland polling location will remain in the New City Hall Building, 207 N. 12th Street, Nederland, Texas. This polling location shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, excluding Saturday, May 2, 2015, and ending May 5, 2015. As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. a polling location at Jefferson County Courthouse, located at 1085 Pearl Street, Beaumont, Texas, be added for the City of Nederland Special Election for early voting; and Section 2. Ordinance No. 2015-02 shall be amended when this Ordinance becomes effective; and Section 3. this Ordinance shall take effect and be in force from and after its passage. PASSED, APPROVED AND ADOPTED this 23,d day of Februarv, 2015. "C1 J Talmadge Au in, Ward I Councilmember Don Albanese, Ward III Councilmember R. A. N g , Mayor City of N erland, Texas IN �7► Billy Neal, Ward II Councilmember 1 1161---4 t //0 Craig Be01e!,�vard IV Councilmember ATTEST: Olt LQzf-p( GQ-Fergu4 n, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Br ni , City Attorney Ly of ederland, Texas CITY OF NEDERLAND AMENDMENT TO ORDINANCE NO. 2015-04 AN AMENDMENT OF ORDINANCE 2015-04 OF THE CITY OF NEDERLAND, TEXAS, CALLING FOR A SPECIAL ELECTION FOR MAY 9, 2015, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF NEDERLAND; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Nederland shall add Jefferson County Courthouse as an early voting polling location located at 1085 Pearl, Beaumont, Texas. WHEREAS, the polling location at the Jefferson County Courthouse shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, including Saturday, May 2, 2015, and ending May 5, 2015 As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. The City of Nederland polling location will remain in the New City Hall Building, 207 N. 12th Street, Nederland, Texas. This polling location shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day of said Early Voting, beginning April 27, 2015, excluding Saturday, May 2, 2015, and ending May 5, 2015. As required under Section 85.005(d), Election Code, early voting by personal appearance at this 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 Monday, May 4, 2015 and Tuesday, May 5, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: a polling location at Jefferson County Courthouse, located at 1085 Pearl Street, Beaumont, Texas, be added for the City of Nederland Special Election for early voting; and Section 2: Ordinance No. 2015-02 shall be amended when this Ordinance becomes effective; and Section 3: this Ordinance shall take effect and be in force from and after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland this 23rd day of February , 2015. R. A. Nugent,44. yor City of Nederland, Texas ATTEST: G y Fergus' n, City Cler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: zo�� '0� JesBra ck, City Attorney Cit ederland, Texas ORDINANCE NO. 2015-05 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 AND THE NEDERLAND SWIMMING POOL AS SHOWN IN EXHIBIT "A"; REPEALING ORDINANCE NO. 2014-02; 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. 2014-02 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 23RD day of FEBRUARY, 2015. ATTEST: =owj/e/-YR�. (j Gay Ferguson , City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je se Bfederiantd, Ciy Attorney C ty o Texas R.A. Nugent, M or City of Nederland, Texas RECREATION BUILDING FACILITY USE HOURS OF OPERATION Open for Public Use Business hours Private use/After hours Monday Thursday 10 a.m. — 8 p.m. N/A Friday 10 a.m. — 5 P.M. 5:00 P.M. — 10 P.M. Saturday 11 a.m. — 5 P.M. 5:00 p.m. — 10 p.m. Sunday Closed 11:30 a.m. — 8 p.m. RECREATIONAL FACITILTY USE FEES Any and all fees may be waived at any time by City Council action. RECREATION BUILDING NON-RESIDENT FEES NISD Students (under 19 with valid School ID) No charge Dal Month l Quarter Annual Other Non-residents (full building use) $8.00 $30.00 $80.00 $200.00 Colle,ae Students $5.00 Monte Quarterl 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 no one under the age of 12 will be granted admittance without adult smervision. RECREATION BUILDING RENTAL FEES All activities and applications must be approved by the Parks & Recreation Director before transaction is finalized. All after -hour functions must be reserved five business days before desired date. RESIDENT Hourly rates Business hours A ter hours DePosit Racquetball (per player, max two hours) $2.00 N/A N/A Gymnasium (2 -hour minimum) — After hours only N/A $40.00 $100.00 Game room — ...�,j fter-hourr only N/A $40.00 $40.00 Van Gogh (Rooms 111/122) $30.00 $40.00 $20.00 Rembrandt (Room 129) $30.00 $40.00 $20.00 Kitchen $5.00 $5.00 N/A Three rooms N/A $120.00 $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. NON-RESIDENT Hourly rates Business hours -I fter hours Deposit Racquetball (per player, max. two hours, must be with resident) $5.00 N/A N/A Gymnasium (2 -hour minimum) --After hours only N/A $55.00 $100.00 Game room — <-,1 fter hours only N/A $55.00 $40.00 Van Gogh (Roorns 111 / 122) $40.00 $55.00 $20.00 Rembrandt (Room 129) $40.00 $ 5 5.00 $ 20.00 l,.' itchen (in conjunction with any room) $10.00 $10.00 N/A "Three rooms N/A $165.00 $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 $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 Vendor Fees for City of Nederland Parks .&_ Recreation„ Special Events Electrical Spaces Non -Electrical Spaces Events lasting 1-5 hours $25 $15 Events lasting 5 or more hours $45 $20 The Director of Parks & Recreation has the right to limit number of spaces available based on the need of each event. No water services or otherfacilities are guaranteed with any vendor set up or reservation. All vendors must sign a hold harmless agreement to participate. All vendors are responsible for their own permits to participate. Non prgfits willing to participate may have one non- electrical vendor space at no cost with the Director of Parks & Recreation approval. Code of Conduct • A resident is considered any person that leases, rents or owns property within the city limits of Nederland. Proof of residency is required. This includes a VALID Texas Driver's License or ID card issued by the Texas Department of Public Safety which shows and current address and proof of current address is also required and includes a water bill or utility bill. These items must be dated within the most recent thirty (30) days. Failure to comply will result in non-resident fee payment for services. • 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. • No children under the age of 12 will be allowed in the facility without adult supervision. Rental Stipulations • Applications — Rental applicants are required to provide all pertinent information relating to function at time of application. Fees for an event must be paid in full (including the deposit) in order for a date to be reserved. • Deposits - A clean-up/damage deposit is required on any room rented for private use. The deposit amount will be combined when renting more than one room. Applicants are required to clean up after use of the facility. • Chaperones — For every seven (7) children under the age of 18 in attendance at any private function, one (1) adult must be designated by the applicant to monitor facility use. Applicants are responsible for the behavior of all guests using the facility. Failure to meet this stipulation will result in forfeiture of deposit. • Approved activities — Only approved activities will be allowed in the facility. The Parks and Recreation Director reserves the right to define what is or is not acceptable. The attendant on duty will provide answers to questions about clean-up, outline building usage, screen other patrons entering building during private functions and grant access to a telephone for emergencies only. The gym is available for athletic/recreational use only. Failure to meet this stipulation will result in forfeiture of deposit. • Time Allotment — For all functions the attendant on duty will conduct building inspections and allow admittance into reserved room(s) 15 minutes before scheduled time of function. Any extra preparation time must be included in rental application and reservation. All clean-up and restoration must be included in allotted time of reservation. Failure to meet this stipulation will result in forfeiture of deposit. • Decorations — No glitter or confetti are allowed as decoration. No thumbtacks or hot -glue may be used to hang decorations on walls. Nothing may be hung from the ceiling tiles or ceiling grid. Failure to meet this stipulation will result in forfeiture of deposit. • Security — Security shall be defined as an off-duty law-enforcement officer appointed or approved by the Nederland Police Department Assistant Chief of Police, to be on the Recreation Building premises for duration of scheduled function. o All security arrangements are to be made through the Nederland Police Department's Assistant Chief or his designee. o Any function that includes the use of a disc jockey or dance -club -type music is subject to security arrangements. o All functions exceeding 75 people are subject to security arrangements. o Applicants are responsible for security arrangements when relevant, and must be confirmed within 24 hours of application, otherwise the function will be cancelled. • Merchant Fee — Anytime the facility is used for an event that is staged for profit or fund raising, a $200 merchant fee will be charged. This fee is in addition to all regular fees and deposits. o The Director of Parks & Recreation reserves the right to deny use of the facility; such action may be appealed to the City Council. o Food vendors are required to secure permits needed for sale of food items. o City sponsored or co-sponsored events shall not be subject to Merchant Fee. • 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. • Renter of any facility of the City of Nederland Parks & Recreation Department must be on site at all times, otherwise deposit will be forfeited and the party will be asked to leave the premises. NEDERLAND SWIMMING POOL HOURS OF OPERATION Moeda Tuesda Wednesday Thursday Friday Saturday Sunday Sam Closed Senior Senior Senior Senior Closed Closed Swim Swim/Water ' Swim Swim/Water I Exercise Exercise 9am Lessons 10am t 10:30am - llam 12:30pm 12pm In-service and cleaning Pool i Party 1PM Open Swim for Public Open 2 m (small daycare groups and pri va to lessons) Swim I 3pm 4 m 5pm Pool Parties: In -Service Pool Parties: 5:15-7:15 5:30-7:30 Family 5:15-7:15 pool 6... rn 7:30-9:30 Night 7:30-9:30 party 7 m j Swim Bpm i lopm POOL FEES PRIVATE POOL PARTY 1-30 swimmers 31-50 swimmers 51-125 swimmers *125 is capacity OPEN SWIM 49 inches and up 41-48 inches with adult admin Under 41 inches with adult admin Senior Citizen (over age of 55) Adult with Military ID SWIM LESSON Swim Lesson Group Swim Lesson Private 4 days Swim Lesson Private 8 days $ 4.00 CURRENT 8.00 PROPOSED 4.00 $ Non- $ 2.00 $ Non - Resident Resident Resident Resident $ 150 $ 200 $ 150 $ 200 $ 175 $ 225 $ 175 $ 225 $ 200 $ 250 $ 200 $ 250 $ 4.00 $ 8.00 $ 4.00 $ 10.00 $ 2.00 $ 5.00 $ 2.00 $ 7.00 Free Free Free $ 3.00 - $ 3.00 - $ 3.00 - $ 1.00 - $ 1.00 $ 60 $ 70 $ 60 $ 70 $ 75 $ 85 $ 75 $ 85 $ 130 $ 150 $ 130 $ 150 Season Swim Passes Single (resident): $80 Single (non-resident): $120 Family of 4 (resident): $160 add $10 per additional members up to seven total Family of 4 (non-resident): $200 add $10 per additional members up to seven total Replacement Pass $10 A total of 100 family passes and 50 individual passes will be available for purcbase each season. Notes: Open Swim: o During the daily Open Swim (1PM-5PM normally Tuesdays -Sundays) after 4PM, the fee for admission for residents and non-residents is half the normal price. 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. Renter of any facility of the City of Nederland Parks & Recreation Department must be on site at all times, otherwise deposit will be forfeited and the party will be asked to leave the premises. • 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. • No Re -Entry — once a patron leaves the pool, they must pay another admission fee to re-enter. • One parent, grandparent, or guardian per family regardless whether a resident or non-resident may enter the facility free of charge to supervise their minor child(ren) if the parent, grandparent, or guardian shall not swim. If the parent, grandparent, or guardian who entered the facility free of charge leaves the facility, then they shall not be allowed re-entry without payment. SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:00 p.m. February 13, 2015 1. MEETING The special meeting was called to order at 4:00 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. NEDERLAND ECONOMIC DEVELOPMENT CORPORATION: L A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Resolution No. 2015-03, ratifying the action of the Nederland Economic Development Corporation related to the renovation/improvements to 1519 Boston Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Resolution No. 2015-04, ratifying the action of the Nederland Economic Development Corporation related to an incentive offered to Mollie's Boutique.com. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 3. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 4:03 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent,, ayor City of Neder nd, Texas A i i tST: G er us n, ity CI c City of Ned rland, Texas CITY OF NEDERLAND SPECIAL 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, yor )J - Gay Fergu n, City Clerk February 13, 2015 Date PRESENT ABSENT RESOLUTION NO. 2015-03 _UTION OF THE CITY COUNCIL OF THE NEDERLAND RATIFYING THE ACTION THE NEDERLAND ECONOMIC ►PMENT CORPORATION BOARD OF ORS -esent and prospective right to gainful employment and general welfare nd require as a public purpose the promotion and development of new 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 empowered under applicable state law, its charter, bylaws and by board approval, to purchase or otherwise acquire for the NEDC, any property, rights or privileges, which the NEDC is authorized to acquire and for maintenance and operating costs associated with projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: The action of the Board of Directors of the Nederland Economic Development Corporation ("Board") relating to the cost of approving the expenditure of funds for the renovation/improvements to the office building at 1519 Boston Avenue for new offices of the Nederland Economic Development Corporation, in an aggregate maximum amount of not more than Seventy-four Thousand One Hundred Thirty-seven dollars ($74,137.00), 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 09th day of February , 2015 at which meeting a quorum was present and voting. R. A. Nuge t, M or City of Nederland, Texas ATTEST: Gay Ferguso , City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Brani , C y Attorney Cit of derland, Texas PASSED AND APPROVED, ON THE SECOND READING BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS this dray of Februarv, 2015 at which meeting a quorum was present and voting. 3rt� lqk)�11)t R. A. Nugent,rnd,. r City of NederlTexas ATTEST: <V-. t f I? V . lot� Gay Ferguen,.CCiity Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Je a Bra ck, City Attorney C' y of derland, Texas RESOLUTION 2015-04 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 (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 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 Boutique.com, 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 9th day of February , 2015 at which meeting a quorum was present and voting. ATTEST: Gay Ferguso , ity Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: c Je se Br ik City Attorney ity o ederland, Texas R. A. ugent, M or City of Nederl , Texas ATTEST: PavyFergu� n, City Clerk City of Nederland, Texas WPROVED ON THE SECOND READING BY THE CITY 'Y OF NEDERLAND, TEXAS this 15yday of , 2015 at vas present and voting. APPROVED AS TO FORM AND LEGALITY: Jesse anick, iiy Attorney City f Nede and, Texas 'W4 R. A. Nuge , Mayor City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ETING February 27, 2015 special meeting was called to order at 4:00 p.m. by Mayor R. A. Nugent at the lerland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for )rum. GULAR AGENDA: A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for the S. 12th Street waterline replacement project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 3. EXECUTIVE SESSION The regular meeting was recessed at 4:33 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.071, Consultation with City Attorney. 4. RECONVENE The regular meeting was reconvened at 4:50 p.m. by Mayor Nugent. b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an interlocal agreement between the City of Nederland and the City of Beaumont for water and wastewater services in the City of Nederland's Extraterritorial Jurisdiction. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Chris Duque, City Manager, thanked Jesse Branick and Steve Hamilton for all their hard work done on this project. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 4:53 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, ayor City of Neder nd, Texas A i i tST: Gay er so6A-y erk City of Neder nd, Texas CITY OF NEDERLAND SPECIAL 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director J R. A.Nuge� ,Mayor bw I �iA day- Fergusb`n, City ClerMcU V February 27, 2015 Date PRESENT 1 ABSENT REGULAR MEET=NG OF THE C=TY GOU NC=L 4KZ31-W= -Ir-W-EMEE OW= 4=30 M=. - r - Ma r.= M� ---Mo - 2015 1. M 41:1D=IN-M-- W-M OF--= MEE -Iff-:IE: 0--M G The meeting was called to order at 4.30 p_m_ by Mayor Nugent at the Nad erla rid Ctty Office Building, Z07 N_ ZZt�"' BtraatNaderta r'�dTexas_ Baa attact-wed for quorum_ 2. :lw: N V qr=w or— A T= qc=w E%.m A N ME:M. M— K- MEE W� G W-= W730 OF= AIL-- ML- MEM G= A N W-- W=- Tt�e invocation and pledge Iff attagia r�ca were tad by Gay Farg usor�City Clark_ -it CONSENT A 41c--- EN OA — All cor�sar�t agenda items listed are cor�sidarad to ba routi rye by tl-�e City Cour�cit and wilt ba ar�acted by one motion_ TF -amara will ba r�o sa pa ra to Itz tem wilt ba removed from tt-�e a=or�sar�t -.-I a rad sa pa res testy_ A motion was made by Couricilmem bar Neat and sacor�d ed by Mayor Pro Mayor actionNoes= Noma_ a_ Mirsutes February Z3ZOZS regular maatir--�g b_ Consider v Naderta rid Babe Ruth laag ua for c_ Payments AticoInc_ — $ZZ9789_85J_ M_ Bta ffen Addition Wale rlir�a project -qt- EFIr W-= 4C--- W -M IL-- AOM- MFW- AGFN W:nll A a_ Ti-�e regular meati rig was recessed and a Pu blit Haa ring was called to order at 4=3Z p_m_ by Mayor Nugent for It-- purpose of —E-- ce v -E=-p questions -E=-p g titior� of abar�dor�ad ar�d dila piloted structures at tt--�e fottowir�g addresses= i. 508 Lot S, Btoctc Z7 of Airportnk, 4r-- A ff-11 E=-parreported tt-�is is a dila1 q=x tial r�,Iffs Itz lffom I a ltza -1-- 1 Minutes Continued, March 9, 2015 list of repairs. He is requesting 90 days to perform the work. Mr. Wheeler recommended accepting the proposal from the new owner. Michael Pena, 3225 Graves, Groves, TX 77619 stated he is planning to remodel the entire house, landscaping included, with the plan to sell it after the work has been completed. He agreed to immediately secure the structure and obtain insurance on the property. ii. 607 S. 11th Street & 1037 Avenue E being Lot 11, Block 2, Midway Addition - Mr. Duque said the structure being addressed is the detached apartment garage at 1037 Avenue E but sharing the same legal description as 607 S. 11th Street. This structure is a danger to the public health and safety and considered to be substandard and unfit for human habitation. Mr. Wheeler advised this lot has two (2) structures and the one being considered is the detached garage apartment separate from the existing house. The owners of the property are deceased and both structures are being occupied by relatives. The will has not been probated so the structures are still in the deceased family member's name. Mr. Wheeler said the tenants of the garage apartment had provided him written notice they would have the repairs done within 90 days. No work was ever started and the 90 day period ended on January 6, 2015. He added the occupants of 607 S. 11th Street do not want to lose the apartment and has requested 60 more days to complete work. Mark Crocker, occupant of 607 S. 11th Street, requested time to repair the garage apartment. Melissa Trim, occupant of 1037 Avenue E, said her only job is a paper route and they are barely making ends meet. She said she also is having problems with her grandmother and would soon be her caregiver. She said she had an estimate from a contractor and would like to work with Mr. Crocker to get the repairs done. Mr. Wheeler recommended giving the occupants 60 days to complete repairs. If work is not completed by the end of the 60 -day period, on day 61 the City will take action to have the property demolished. iii. 2423 Nederland Avenue being of Lots 10-12, Block 2, Hillcrest 1St_ Mr. Wheeler stated he talked with Mr. Kahn, who is still in Pakistan, and requested documentation showing evidence of I.R.S. involvement causing delays on finishing the project. These documents were received and reviewed by the City Attorney. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 5:00 p.m. by Mayor Nugent. b. Consider action regarding the rehabilitation or condemnation and demolition of abandoned and dilapidated structures at the following addresses: L 508 S. 37th Street being Lot 5, Block 17 of Airport 2 Add ition- A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to give the new owner 90 days to complete repairs and bring the structure up to code or be demolished. Councilmember Austin requested to be updated of the progress of the work. Minutes Continued, March 9, 2015 MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. 607 S. 11th Street & 1037 Avenue E being Lot 11, Block 2, Midway Addition - A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to give the occupants 60 days to completely repair the garage apartment at 1037 Avenue E and bring the structure up to code or day 61 the City will hire a contractor to demolish it and file a lien on the property. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. 2423 Nederland Avenue being of Lots 10-12, Block 2, Hillcrest 1St_ A motion was made by Councilmember Austin and seconded by Councilmember Neal to postpone action on this property until the City Attorney is present. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve a request from Terry Metreyeon for water service at property adjacent to 2862 North Highway 69. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve the installation of a street light at/near 2808 Erwin Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve Change Order No. 2 - J. M. Staffen Addition Waterline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. Bids: i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to award the bid for Water Inventory Items to HD Supply in the amount of $113,764.70. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to award a bid for the 2015 Sundeck Replacement project at Doornbos Park to Bruce's General Construction in the amount of $61,515.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, March 9, 2015 iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to reject the bid for the Nederland Swimming Pool Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION Mayor Nugent announced the Executive Session was not needed. 6. COMMUNICATION City Manager's Report: a. Construction Project Update: Steve Hamilton gave a brief report on projects. • GLO sewer line project is approximately 75% complete. There will be a meeting on Friday to discuss work progress and cleanup. • Staffen Addition waterline project is approximately 83% complete. All is going well. • There is a pre -construction conference scheduled on Tuesday, March 17th for the street hotmix, street concrete, and waterline replacement project. • Nederland Avenue is in the design phase. There is a meeting with the drainage engineer tomorrow. There has been a lot of surveying and computer modeling which they will be bringing to us to review. • City crews are continuing the work on the City Hall parking lot. We will wait for the street hotm ix project to begin to asphalt the parking lot. • Chris Duque advised there will be a special called council meeting on March 30th in order to award the bid for the street projects and waterline project. b. Trash Bash event - Saturday March 14th 7. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:36 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. P. 0/11 R. A. Nugent ayor City of Nedend, Texas Af ST: Gay erg on, ity Cler City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, Mayor Gray Fergus n,`�ity Cler`-lc� March 9, 2015 Date PRESENT ABSENT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 23, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — March 9, 2015 regular meeting and February 27, 2015 special meeting b. February 2015 Departmental Reports c. Tax Assessor Collection Report - February 2015 d. Consider action approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a high school basketball league. e. Payments: • Carroll & Blackman, Inc. - $948.50, Phase II MS4 Permit Implementation Services • Action Civil Engineers - $12,000.00, Nederland Avenue Study • d.p. Consulting Engineers, Inc. - $1,600.00, J. M. Staffen Addition Waterline project. 4. REGULAR AGENDA a. Chester Jourdan, Executive Director, American Red Cross, thanked the Mayor and Council for their involvement and commitment in making communities resilient. Pete De La Cruz, American Red Cross Board Chair, thanked the City Council for their time and for what they do for the residents of Nederland. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a proclamation in regards to the American Red Cross. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, March 23, 2015 b. Chris Duque, City Manager, reported action was postponed at the March 9, 2015 meeting on the condemnation hearing of 2423 Nederland Avenue being Lots 10- 12, Block 2, Hillcrest 1St. Based upon the information provided by staff and property owners during the public hearing on March 91h, City Council will consider what, if any, action to approve for each structure. As per Ordinance No. 2001-07, the City has 3 options: 1) allow the building to remain as is; 2) order demolition and establish a time period for completion of removal; or 3) order rehabilitation/repair and establish a time period for completion of the work. At the March 9th meeting, Mr. Wheeler recommended the property owner be ordered to demolish the vacant structure at 2423 Nederland Avenue within 45 days. According to Mr. Wheeler, this property has been discussed for a few years now and the City has graciously attempted to work with the property owner. However, those efforts have yet to result in the completion of the project or a viable timeline to complete the work. Mr. Duque recommended consulting with the City Attorney before taking action on this item. c. Chris Duque, City Manager, advised staff was authorized to solicit bids at the May 12th council meeting for smoke testing in area 3 which was in conjunction with the City's participation in TCEQ's Sanitary Sewer Overflow Initiative. The work has been completed and the Public Works Director will share the results and discuss efforts the City must now undertake. Steve, Hamilton, Public Works Director, explained the smoke testing process of blowing smoke in manholes and see where the smoke comes out of the ground. This is where water gets into the system. There were a total of 168 defects identified. Ninety defects have been repaired, 28 consists of fixing a clean-out or putting a cap on, 33 are on private property, and 17 have not been looked at yet. Mr. Hamilton reported he has been in conversation with the Code Enforcement Officer regarding letters which will be mailed to property owners including background information and a request for them to fix their line in order to obtain compliance. Mr. Duque suggested a public education campaign to advise property owners that clean outs should not be opened to drain their yards. Opening sewer lines to drain yards is a big problem for neighbors and everyone down the line. Mr. Hamilton said Council could consider a surcharge be added to utility bills to encourage compliance. Jesse Branick, City Attorney, stated this is a health and safety code violation which could result in penalties of up to $2,000.00 per day. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to engage the LaBiche Architectural Group for the Public Works Department's Service Center facility project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, gave an update on the City's two veterans' initiatives - Nederland Veterans Park and the Veterans History project. The Veterans Committee has nearly finished the review of the plans for the park. Mr. LaBiche has updated the layout based on what the committee suggested. Public Works Minutes Continued, March 23, 2015 staff has reviewed the plans to make sure there will not be any conflicts with the alley. The plan will be brought before City Council next month for consideration of approval of the design. The Library Director is working on the history project which will create a database of veterans' information. The City will work with veterans to get years of service and/or experience. They can provide letters, a picture, oral interviews, etc. An electronic kiosk will allow anyone to type in a name and pull up information. This idea is being modeled after a Federal project the Library of Congress is doing. When this is ready to launch, we will reach out to fraternal groups, American Legion, media and others. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to declare surplus a vehicle from the Code Enforcement Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Ordinance No. 2015-06, amending the fiscal year 2014-2015 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the purchase of a rock climbing wall and water slide repairs via BuyBoard, HGAC, or other state -approved contract. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. i. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve an amendment to the agreement for services between the City of Nederland and the Nederland Economic Development Corporation which will reduce the monthly rent for January, February, and March from $965.00 to $400.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. j. James Edwards, J.R. Edwards & Associates, LLP presented the Comprehensive Annual Financial Report ending September 30, 2014 to City Council. He highlighted the management's letter and analysis and said this is very important to read. He reported 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. Mr. Edwards explained the single audit which was required due to the increase in federal funding. He said they looked at 50% of expenditures and checked for compliance with program guidelines. He advised it was a detailed testing, and there were no findings. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept the Fiscal Year 2013-2014 audit as prepared by J. R. Edwards & Associates, LLP. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Rogers. Noes: None. Minutes Continued, March 23, 2015 Chris Duque, City Manager, thanked Chery Dowden, the Finance staff, Gay Ferguson, and everyone who helped with the audit. S. EXECUTIVE SESSION The regular meeting was recessed at 5:41 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 6:34 p.m. by Mayor Nugent. 4b.A motion was made by Councilmember Austin and seconded by Councilmember Neal to postpone action on property located at 2423 Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Special City Council meeting - March 30th at 4:30 p.m. b. Warrants are being posted on website as of today. 7. ADJOURN There being no further business a motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 6:41 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent, ayor City of Nede nd, Texas ATTEST: �M G IA*\,.. - Y, erguso` , City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor V Talmadge Austin Council Member— Ward I Billy Neal Council Member -Ward II;-` Don Albanese Council Member —Ward IIIc Craig Belaire 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 } J Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent,, ayor /V., AyFe',''rgus- n, City C lerk� March 23, 2015 Date ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY 1, Allison Nathan Getz, 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 $537,337.09, represents all taxes collected for CITY OF NEDERLAND during the month of February 2015. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE i P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 ORDINANCE NO. 2015-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2014 and ending September 30, 2015, 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 2014-2015 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 23rd DAY OF MARCH, 2015. r - f,c� R. A. Nugent ayor City of Nede and, Texas ATTEST: GaVyyF e City Cler{ APPROVED AS TO FORM AND LEGALITY: 115-L, C— -- Jess Bra icl�/6ity Attorney CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 DATE: March 23, 2015 DEPARTMENT: Various FUND: Parks Special Fund (25) AMOUNT ACCOUNT NO. ACCOUNT TITLE CURRENT INCREASE PROPOSED BUDGET (DECREASE) BUDGET 25-0000-4375 Grants -Local - 38,512 387512 25-5103-6720 Buildings, Fixtures, and Grounds 375,000 0 38, 512 413,512 TOTAL 375,000-00 77, 024.00 452,024.00 24.00 JUSTIFICATION The budget amendment reflects the incentive provided by the Nederland EDC to the Parks Department for improvements/ epairs to the Nederland Swimming Pool, specifically refurbishingthe water slide and inst 1 ' a link a rock climbing wall. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. March 30, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. REGULAR AGENDA a. Payments: i. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve a payment to Schaumburg & Polk, Inc. in the amount of $16,362.50 for the South 12th Street Waterline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve a payment to Schaumburg & Polk, Inc. in the amount of $5,200.00 for the South 5th Street Tower Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve a payment to Schaumburg & Polk, Inc. in the amount of $3,977.00 for the Nederland Avenue Study. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve a payment to Schaumburg & Polk, Inc. in the amount of $8,861.00 for the 2015 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to authorize the closure of City streets as requested by First Baptist Church for an event to be held at the Church on April 18, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. Bids: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to award the bid for the South 12th Street Waterline Relocation project to MK Contractors in the amount of $121,876.00. MOTION CARRIED. Minutes Continued, March 30, 2015 Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to award a bid for the 2015 Concrete Street Rehabilitation project to Bruce's General Construction in the amount of $297,062.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to LD Construction for the 2015 Hot Mix Overlay project in the amount of $1,008,835.50. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. d. Chris Duque, City Manager, stated this is the new proposed agreement between the City of Nederland and Sunoco Partners Marketing & Terminals, L.P. and Sunoco NGL Facilities, LLC. In 2010 the City renewed the industrial tax agreement with Sun, and in March 2013, the agreement was revised to reflect the acreage the City sold to Sunoco for the Mariner South project, as well as update the agreement exhibits to resolve errors that had carried over from previous contract terms. In late 2013, the City was approached by Sunoco to discuss a more comprehensive amendment. The City Attorney and staff have spent considerable time discussing Sunoco's request. Last month, in executive session, Sunoco outlined their desire for a new agreement. The term of the proposed agreement is seven (7) years from 2015 - 2021; the abatement schedule for new construction is extended as well. All projects which have been abated prior to the approval of the revised agreement would remain on the abatement schedule approved in 2010, and all projects moving forward, including Mariner South, would follow the new schedule. Mr. Duque suggested Council meet in Executive Session to discuss with the City Attorney before taking action. 3. 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. 6. RECONVENE The regular meeting was reconvened at 5:10 p.m. by Mayor Nugent. 2d.A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve a proposed agreement between the City of Nederland and Sunoco Partners Marketing & Terminals, L.P. and Sunoco NGL Facilities, LLC pending final legal review and approval. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, March 30, 2015 5. ADJOURN There being no further business a motion was made by Council member Neal and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:12 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 'AAI�Z� R. A. Nugent Mayor City of Nederland, Texas ATT ST: Gal' Fergus ity Clerk Or City of Nederland, Texas 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 Craig Belaire Council Member —Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick Cit Attorney Y 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director r R. A. Nuge yor J J. ( ay Fergus n, City Cle� March 30, 2015 Date ABSENT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. April 6, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 C'ouncilmember Neal and seconded by Mayor Pro Tern Albanese to approve the Consent Agenda Items 3 a -b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — March 23, 2015 regular meeting and March 30, 2015 special meeting b. Payments: • Allco, Inc. - $75,479.69, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project 4. REGULAR AGENDA a. Darla Daigle from the Rape & Suicide Center of Southeast Texas thanked the Mayor and Council for the proclamation. She said awareness is the key to justice and healing so victims are no longer victims but survivors. Rape has always been a crime that happens in secret so it is important to educate the public. A rh0tior was made by Councilrnember Austin and seconded by Councilmember Neal to approve a proclamation in regards to the Sexual Assault Awareness and Prevention Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Misty Craver from the Victirns' Service Center of Jefferson County said their main goal is to make sure victims receive proper services and to give them a voice. This year's motto is Engaging Communities and Empowering Victims. She invited everyone to the 25th Annual Crime Victims' Candlelight Vigil on Thursday, April 23, 2015 at 6:00 p.m. at the Jefferson County Jury Impaneling Auditorium. Minutes Continued, April 6, 2015 A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve a proclamation in regards to National Crime Victims' Rights Week. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve an interlocal agreement between the City of Nederland and Jefferson County in regards to street maintenance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Chris Duque, City Manager, said during last summer's budget workshop, Fire Chief Collins noted the need to address E-13, a 24 -year old fire pumper that is used in reserve status. Chief Collins stated the need to have a new pumper when the substation is to be constructed near the airport development. Significant maintenance issues, with this pumper, have come up, and there is need to discuss the pians for the pumper truck. Mr. Duque reminded council of the discussion, during the budget workshop, where he planned to place a bond before the voters to fund the public safety substation and necessary equipment, which included a new pumper fire truck. Due to the high cost of needed repairs the decision was made to bring this to council to discuss moving ahead with repairs or consider replacement of the truck. If council desires to replace the truck there is a 10- mont1h delivery period to receive. Chief Collins advised the E-13 pumper truck may or may not pass pumper inspection even after the initial repairs in the amount of $12,000.00 are made. He briefly discussed his plan for truck rotation in the coming years. Councilmember Neal inquired if the city could apply for a grant for the purchase of the new truck like surrounding cities have done. Chief Collins said that was a possibility but cautioned there would be extended time to allow for the grant process. Mr. Duque suggested making the initial repairs to the E-13 pumper truck to see if it will pass inspection and apply for the grant. If additional funding is required after the initial repairs, then this item will be brought back before council. No action was necessary. 5. C OM MUNICATION City Manager's Report: a. Art in the Park - Saturday, April 25th at Doornbos Park b. National Day of Prayer - Thursday, May 7th at 7:30 a.m. Minutes Continued, April 6, 2015 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:16 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. v R.*A.Nfe Mayor City of Neand, Texas ATTEST: G y F e r g u n, City Clerk City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, Mayor G Fergus ,City Cle'­ rk April 6, 2015 Date PRESENT .f v V/ ABSENT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. April 20, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Belaire to approve the Consent Agenda Items 3 a -e as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — April 6, 2015 regular meeting b. March 2015 Departmental Reports c. Tax Assessor Collection Report - March 2015 d. Requests: • Consider action approving a request from Brian English to utilize the Nederland Recreation Center gymnasium for a high school basketball league. • Consider action approving a request from Keith Barrow to utilize Doornbos Park for a summer soccer league and a summer soccer camp. • Consider action approving a request from Randy Rich to utilize the Nederland Recreation Center gymnasium for a Futsal league. e. Payments: • d.p. Consulting Engineers, Inc. - $11000.00, J.M. Staffen Addition Waterline project • Actin Civil Engineers - $24,653.00, Nederland Avenue Study • Carroll & Blackman, Inc. - $1,351.67, Phase II MS4 Permit Implementation Services Minutes Continued, April 20, 2015 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a proclamation in regards to the National Fair Housing Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Chris Duque, City Manager, reported action was postponed on March 9, 2015 at the condemnation hearing of 2423 Nederland Avenue being Lots 10-12, Block 2, Hillcrest 1St. He said based on information provided by staff and the property owners during the public hearing held on March 9, 2015, the City Council would consider what action would be taken. Mr. Wheeler, Building Official, recommended during the public hearing, the property owner be ordered to demolish the vacant structure within 45 days. Mr. Wheeler reminded council this property has been discussed for a few years now, and the City has graciously attempted to work with the property owner with no results. Mr. Duque went on to say the City Council, at its March 23, 2015 meeting, instructed the City Attorney and Mr. Wheeler to discuss the issue further and prepare a suggested course of action. Mr. Duque recommended the Council consult with the City Attorney in executive session prior to taking action. c. A motion was made by Councilmember Austin and seconded by Councilmember Belaire to amend Ordinance No. 164, setting the calendar for regular City Council meetings - May 2015 to April 2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to award the bid for annual grass cutting to Cut Close Lawn Maintenance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2015-17, suspending the rates proposed by CenterPoint Energy Resources Corp., dba CenterPoint Energy Entex and CenterPoint Energy Texas Gas Company's GRIP filing made on March 31, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. Nederland Veterans' Park: L A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the proposed layout of Nederland Veterans' Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the solicitation of bids for the Nederland Veterans' Park project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Minutes Continued, April 20, 2015 Noes: None. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the purchase via BuyBoard, HGAC, or other state -approved contract of various items for the Nederland Veterans' Park project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to approve Ordinance No. 2015-08, amending the Fiscal Year 2014-15 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to authorize the purchase via BuyBoard, HGAC, or other state -approved contract for a generator for City Hall. MOTION CARRIED, Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:03 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 Chapter 551.074, Discuss Personnel - City Manager. 6. RECONVENE The regular meeting was reconvened at 6:39 p.m. by Mayor Nugent. He announced 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 reported on construction projects. • GLO sewerline project is 86% complete with 3 line segments left to complete. • Contracts for asphalt street improvements, concrete street improvements, and 12th Street waterline projects will be executed this week and pre - construction conference scheduled the week after. • A contractor was found to do the hot mix overlay work on the City Hall parking lot. Depending on rain, this work should be done this week or next. It will be closed off until the striping has been completed. • Staffen addition waterline is substantially complete. The close out documents are being prepared. b. Art in the Park - Saturday, April 25 th c. National Day of Prayer - Thursday, May 7th at 7:30 a.m. Minutes Continued, April 20, 2015 S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 6:49 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. r R. A. Nuge ayor� City of Nederl nd, Texas A EST: My OOF 4 "UR G Fergus n,6ty elerk City of Ned rlaTexas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director 14. d1 F' ) R.,A. Nugent, Mayo IC G�ay Fer ubn, City Clem/ April 20, 2015 Date PRESENT v ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Allison Nathan Getz, 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 $127,539.61, represents all taxes collected for CITY OF NEDERLAND during the month of March 2015. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.Q. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR \ COUNCIL MEETINGS TO BE HELD FROM MAY 11, � 2015 THROUGH APRIL 18, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the following dates will be and are hereby regular meeting dates for the meetings of the City Council of the City of Nederland, Texas. All of the below regular meeting shall begin at 4:30 p.m. on each of the following dates: May 11 and 20, 2015 June 8 and 22, 2015 July 13 and 27, 2015 August 10 and 24, 2015 September 14 and 28, 2015 October 12 and 26, 2015 November 9 and 16, 2015 December 7 and 14, 2015 January 11 and 25, 2016 February 8 and 22, 2016 March 14 and 28, 2016 April 11 and 18, 2016 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 20th day of April, 2015. R. A. Nugent,Pdy., City of Nederxas ATTEST: ay Ferg on, Ci y C,le&, City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: JessrfNe rank , ity Attorney City rland, Texas ORDINANCE NO. 2015-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2014 and ending September 30, 2015, 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 2014-2015 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 20th DAY OF APRIL, 2015. R. A. Nugent, eor City of Nederl d, Texas ATTEST: Gay Fergus6 , City Clerk APPROVED AS TO FORM AND LEGALITY: Jesse anick, ity Attorney CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 DATE: April 20, 2015 DEPARTMENT: Various FUND: General (01) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 01-0000-4120 Industrial In Lieu of Taxes 1,525,000 60,000 1,585,000 01-0000-4910 Transfers In 542,000 101000 552,000 01-1300-6332 Postage & Freight 9 1 200 1,300 2,500 01-1300-6337 Advertising 5,000 5,000 10,000 01-1500-6115 Extra Help - 11200 1,200 01-2100-6115 Extra Help 29,000 9,269 38,269 01-2100-6126 Social Security 148,341 700 149,041 01-2100-6128 Workers Compensation 59,152 31 59,183 01-2100-6348 Electricity 10,000 , 6,000 16,000 01-2100-6350 Building/Structure Improvements - 6,000 6,000 01-2101-6236 Foods 12,000 1,000 13,000 01-2101-6265 Supplies/Minor Tools & Equipment 3,000 1,000 4,000 01-2200-6348 Electricity 5,500 4,000 9,500 01-2200-6349 Natural Gas 2,000 1,000 3,000 01-2200-6355 Vehicle & Equipment R&M 30,000 16,000 46,000 01-3100-6393 Contractual Services - 1,600 1,600 01-3400-6111 Overtime 15,000 10,000 25,000 01-3400-6348 Electricity - 2,500 _ 2,500 01-3400-6391 Support of Animal Control 5,000 750 5,750 01-3400-6720 Buildings, Fixtures & Grounds - 8,250 8,250 01-5500-6350 Building/Structure Improvements 8,000 (8,000) - 01-5500-6720 Buildings, Fixtures & Grounds - 12,500 12,500 01-9000-6315 Computer System 65,000 10,000 75,000 01-9000-6406 Contingency 96,134 (20,100) 76,034 TOTAL 2,561,3271 14010001 2,701,327 JUSTIFICATION Mid -year budget line -item adjustments Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 DATE: April 20, 2015 DEPARTMENT: Various FUND: Hotel/Motel (23), Water&Sewer (50) Central Dispatch (70), SIF (39), SW (52) Police Narcotics (20), Equip Repl. Gen (34) T OTA L I 3,128, 606 1, 078, 202 4,206,808 JUSTIFICATION Mid -year budget line -item adjustments Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 23-0000-4393 Hotel Occupancy Taxes 62,000 13900 631900 23-0000-6393 Contractual Services 251000 1,900 26,900 50-6200-6351 Fixed Plant Equipment R&M 55,000 (15,000) 40,000 50-6200-6393 Contractual Services 600,000 (5,000) 595,000 50-6200-6720 Buildings, Fixtures & Grounds - 20,000 20,000 52-3300-6111 Overtime 12,000 5,000 17,000 52-9000-6406 Contingency 43,606 (5,000) 381606 70-1700-6744 Miscellaneous Equipment - 13 950 13 950 70-2100-6111 Overtime 45,000 6,000 51,000 70-2100-6406 Contingency 10,000 (5,000) 5,000 20-2100-6902 Transfer to General Fund - 101000 10,000 34-0000-6744 Miscellaneous Equipment 25 000 601000 85,000 39-0000-4130 Sales Tax 575,000 751000 650,000 39-0000-6393 Contractual Services 120,000 3611492 4811492 39-0000-6730 Street Improvements 1,556,000 5521960 2,108, 960 T OTA L I 3,128, 606 1, 078, 202 4,206,808 JUSTIFICATION Mid -year budget line -item adjustments Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of ORDINANCE NO. 2015-07 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("'CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 31,2015; 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 March 31, 2015, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Service Area with the City of Nederland ("City") to increase gas rates in the Beaumont/East Texas Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE ("Gas Utility Regulatory Act") § 104.301; and WHEREAS, the Company proposed an effective date of May 30, 2015, for the rate increase; and WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and WHEREAS, the City finds the need to suspend the effective date of CenterPoint's proposed rate increase for 45 days beyond the Company's proposed effective date until July 15, 2015 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's subsequent base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of the Company's proposed GRIP rate increase, and the proposed tariffs related thereto, are hereby suspended until July 15, 2015. Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on July 15, 2015. Section 4. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this the 20TH day of APRIL, 2015. . Nugent, Mayor City Nederland, Texas ATTEST: Gay Ferg o on, City ClerW City of Nederland, APPROVED AS TO FORM AND LEGALITY: Je a Brantderla ,City Attorney Ci y of nd, Texas THE LAW'110N LAW FIRM, P.C. 12600 Hill Country Blvd., Suite R-275 • Austin, Texas 78738 . 512/322-0019 • Fax: 8,55/298-71.978 Via E -Mail Mr. Richard Ferguson City Attorney —City of Anahuac City Attorney — City of Sour Lake 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Kyle Hayes City Manager —City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Ms. Kelly McDonald City Manager — City of Cleveland 907 E. Houston Cleveland, Texas 77327 Ms. Angela Smith City Secretary —City of Cleveland 907 E. Houston Cleveland, Texas 77327 Mr. Felix Skarpa Mayor — City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Leonard Schneider City Attorney -- City of Huntsville Liles Parker, PLLC 800 Rockmead Dr., Ste 165 3 Kingwood Place Kingwood, TX 77339 April 2, 2015 Mr. Tyrone Cooper City Attorney —City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Mr. Paul Fukuda City Attorney —Bridge City 260 Rachal Post Office Box 846 Bridge City, Texas 77611 Mr. David Olson City Attorney — City of Cleveland 'Northam Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. David Douglas City Manager —City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. Matt Benoit City Manager —City of Huntsville 1212 Ave. M Huntsville, Texas 77340 Mr. Gary Broz City Manager —City of Liberty 1829 Sam Houston Liberty, Texas 77575 Mr. Jesse Branick City Attorney —City of Nederland 221 Hwy. 69 South, Suite 100 (office) Nederland, Texas 77627 Mr. Shawn Oubre City Manager --City of Orange 803 W. Green Avenue, Room 201 Orange, Texas 77630 Mr. Harry Wright City Attorney —City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr. Larry Saurage City Manager —City of Sour Lake 655 W. Barkley St. Sour Lake, Texas 77659 Mr. Guy N. Goodson City Attorney —City of Vidor P.O. Box 4915 Beaumont, Texas 77704-4915 Mr. Joe Alford City Attorney —City of West Orange 105 Market Orange, Texas 77630 Mr. Christopher Duque City Manager —City of Nederland P.O. Box 967 Nederland, Texas 77627 Mr. Rodney Price City Attorney —City of Pine Forest City Attorney —City of Rose City 215 W. Freeway Vidor, Texas 77662 Mr. Tommy Bartosh City Manager —City of Silsbee 105 South 3`d Street Silsbee, Texas 77656 Michael Kunst City Manager - City of Vidor 1395 N. Main St. Vidor, Texas 77662-3726 Mayor Roy McDonald Mayor -- City of Nest Orange 2700 western Avenue West Orange, TX 77630 Michael S. Stelly City of West Orange, Texas 2700 Austin Avenue West Orange, TX. 77630 Re: CenterPoint Energv 2015 Annual GRIP Adjustment for the Beaumont/East Texas Division Dear Cities: On March 31, 2015, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Gas Reliability Infirastructure Program ("'GRIP"') adjustment factor with each of your communities in the Beaumont/East Texas Division of the Company. The Company is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 ("GRIP Statute") also see Section 7.7101 of the Railroad Commission of Texas ("Commission") Gas Services Division Rules. The GRIP Statute authorizes gas utility companies to request annual cost increases associated with year-to-year changes in incremental investment. The changes in investment are not subject to reasonableness 2 review in the GRIP filing. Instead all amounts collected under a GRIP filinc7 are considered interim rates Subject to complete review and refund in the Company's next base rateroceedin r. p � In this case the Compail}' has determined that Centel -Point's capital investment In p the B eaLI1110ilt/East Texas Service Area has increased by $42,325,044 durina, calendar year 2014. �. y The carryln� cost on this Incremental GRIP investment results In the following avera�Ge monthly customer- bill impact for each affected customer- class: Customei- Impact Summai-37 CUSTOMER CLASS MONTHLY INCREASE RESIDENTIAL 52.39 GENERAL SERVICE SMALL 53.78 GENERAL SERVICE LARGE S19.14 The GRIP Statute provides that the proposed GRIP rate surcharue will become effective • from the - ,1 ., � ectl� e 60 days date of the Company's filing or May 30, 2015, unless suspended by the Cities. Cities may suspend the GRIP rate iilcrease for ail additional 45 days beyond the Company'sosed } proposed effective date of -'May 30, 2015 while reviewinb the GRIP application. Attached ed to this letter Is a Rate Ordinance 1'01* Your consideration. This Rate Ordinance will suspend the p GRIP Late effective date until July 15, 2015. Please remember if your City wishes to suspend the rates You must take action by passing the attached Rate ordinance prior to p May 30, 2015. Otherwise the Company's go requested rates will into q � effect on May .3 0, 2015. The review process of a GRIP filing is benerally a ministerial review limited ensuring . ted t0 enstii lilt, that lire GRIP filing complies with the GRIP Statute. See Minos Enej• Coq �� 5., ,, ,� } j . Citiesof Allen, 353) S.W. 3)d 156 (Tex. 2011). DLIrinor the suspension period any iSSLIeS related to whether the GRIP fill a GRIP filing? rules,• ncomports with the call be reviewed ie�� ed so that Cities may make a final decision on this GRIP proposal. Please send a completed co of the final Rate Ordinance either ance to me either by mall or email. If there are ally questions or concerns. please do not hesitate to call. Sincerely. 719/L Daniel J. LaN.-,ton The La,"qon Law Firm SPECIAL MEETING OF THE CITY OF NEDERLAND EMPLOYEE BENEFITS TRUST 5:04 p.m. 1. MEETING May 11, 2015 The meeting was called to order at 5:04 p.m. by Chairperson R. A. Nugent at the Nederland City Office Building, 207 N. 12TH Street, Nederland, Texas. 2. APPROVAL OF MINUTES A motion was made by Trustee Neal and seconded by Vice -Chairman Albanese to approve the minutes of the May 19, 2014 meeting of the Employee Benefits Trust as written. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Austin, Neal, and Albanese. Noes: None. Absent: Trustee Belaire. 3. DENTAL INSURANCE Chris Duque, City Manager, explained UNUM was the low bidder for the Low Dental Plan and United Concordia was the low bidder for the high dental plan. Since the majority of the employees and retirees are on the high plan, the recommendation will be to award the dental insurance bid to United Concordia. United Concordia has agreed to a two-year rate guarantee and has agreed to not apply charges for preventative care to the annual benefit maximum. The Employee Insurance Committee reviewed the bids and does not object to this recommendation. A motion was made by Trustee Neal and seconded by Vice -Chairperson Albanese to award bids received for employee dental insurance to United Concordia for the period of July 1, 2015 to June 30, 2016. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Austin, Neal, Albanese. Noes: None. Absent: Trustee Belaire. 4. HEALTH INSURANCE Chris Duque, City Manager, reported the City received a renewal increase of 10.2% from TML prior to plan design changes. The increase was in large part due to the plan experiencing a 96% loss ratio over the past 12 months. To assist in offsetting renewal cost increases, better align the City's plan design with peers, and incentivize health care consumerism, the following changes are recommended: Move from 4 options of plans to 3 options; Discontinue the "Buy -Up" plan, plan 4 with $500 deductible; • Offer a $1,000 deductible PPO option (Standard Plan), $1,500 deductible HAS option, and a $2,500 deductible HAS option; Increase the out of pocket maximum for the $1,000 deductible PPO option from $3,000 to $5,000 and implement a $50 copay for office visits; • Continue funding premiums at 100% for the Employee Only and to "uniformize" employee + dependent funding to 73% for the Standard Plan. A motion was made by Trustee Neal and seconded by Trustee Austin to award bids received for employee health insurance to TML Intergovernmental Employee Benefits Pool utilizing Plan 6, which has been slightly amended, as the standard plan with employee contribution at $532.90 for employee only, $919.27 for employee + spouse, $677.13 for employee + children and $1,137.76 for employee + family. In addition, the city will reduce number of plans and offer plans 6, 7, and 8 as recommended by IPS and the City of Nederland Insurance Committee. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Austin, Neal, Albanese. Noes: None. Absent: Trustee Belaire. S. ADJOURN There being no further business a motion was made by Trustee Austin and seconded by Vice -Chairman Albanese to adjourn the meeting at 5:31 p.m. MOTION CARRIED. Ayes: Chairperson Nugent, Trustees Neal, Albanese, and Belaire. Noes: None. Absent: Trustee Austin. R. A. Nugent, Chairperson City of Nederland Employee Benefits Trust ATTEST: Don Albanese, Secretary City of Nederland Employee Benefits Trust REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. May 11, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE, The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin and seconded by Mayor Pro Tem 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 Belaire. a. Minutes — April 20, 2015 regular meeting b. Consider action approving a request from NISD for utilization of Nederland Swimming Pool for end of the school year parties. c. Payments: • Schaumburg & Polk, Inc. - $800.00, South 5th Street Water Tower Rehabilitation project • Schaumburg & Polk, Inc. - $1,806.75, South 12th Street Waterline Relocation project • Schaumburg & Polk, Inc. - $6,870.00, 2015 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. - $5,495.50, Nederland Avenue Study • Allco, Inc. - $81,357.92, Hurricane Ike Round 2.2 Wastewater Collection Rehabilitation project • Action Civil Engineers - $25,000.00, Nederland Avenue Study Minutes Continued, May 11, 2015 4. REGULAR AGENDA a. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a proclamation in regards to the Motorcycle Safety and Awareness Month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. Mike Ruiz, 3169 Lancaster Lane, Port Neches, thanked city council for their support. He said safety awareness is every day of the year. He reported there has been a decrease in fatalities for bikers since efforts have been made to educate and get the word out for motorcycle safety. b. Chris Duque, City Manager, reported he received a request from Beverly Paris to close various city streets for a memorial run, which will help raise funds to promote awareness of the dangers of drunk driving, on Saturday, May 30th. Ms. Paris is the mother of Kristin Paris who passed away on January 26, 2015 from an automobile accident on Interstate 10. The streets she is requesting to be closed are: Boston Avenue at 15th and 17th Streets, 17th Street between Atlanta Avenue and Detriot Avenue, 21s' Street between Atlanta Avenue and Detriot Avenue, and Detriot Avenue and Atlanta Avenue between 17th and 21St Streets. The event hours are 8:00 a.m. to 10:00 a.m. The streets would need to be closed between 7:00 a.m. and 11:00 a.m. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve the request from Beverly Paris relating to the closure of various city streets for a memorial run. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. c. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve the Quarterly Investment Reports from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Change Order No. 3 for the J. M. Staffen Addition waterline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. e. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve final payment and release of retainage to Allco, Inc. for the J. M. Staffen Addition waterline project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. :ontinued, May 11, 2015 A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Certificate of Completion to Allco, Inc. for the J. M. Staffen Addition waterline project funded through the Texas Department of Agriculture, Contract No. 713349. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a 1 -year contract extension with Garner for disaster- related supplies and equipment. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. h. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the amendment to Ordinance No. 2009-14, Storm Water Quality Ordinance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. i. Employee Group Benefits: L The regular meeting was recessed at 5:04 p.m. by Mayor Nugent for the purpose of conducting a City of Nederland Employee Benefits Trust meeting to award bids for employee group benefits. iii. The regular meeting was reconvened at 5:31 p.m. by Mayor Nugent. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the transfer of funds from the City of Nederland to the City of Nederland Employee Benefits Trust to pay for employee -related benefits. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Councilmember Belaire. 5. EXECUTIVE SESSION Mayor Nugent announced the Executive Session was not needed. 6. COMMUNICATION City Manager's Report: a. The 2nd May City Council Meeting will be held Wednesday, May 20th at 4:30 p.m. Minutes Continued, May 11, 2015 7. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Mayor Pro Tem Albanese to adjourn the meeting at 5:33 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese. Noes: None. Absent: Council member Bela i re. R. A. Nug nt,� yor City of Nederland, Texas ATTEST: da -y Fergueerland, ty Clerk City of Ne Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, M or Z9 Gay erguso Cierk May 11, 2015 Date PRESENT V V V NA V ABSENT AMENDMENT TO ORDINANCE NO. 2009-14 AN ORDINANCE AMENDING STORM WATER QUALITY REGULATIONS AND PROVISIONS RELATED THERETO; PROVIDING PROHIBITIONS AGAINST ILLICIT DISCHARGES AND CONNECTIONS, CONSTRUCTION OF STORM WATER MANAGEMENT, NOTIFICATION OF SPILLS, CITIZEN REPORTS OF VIOLATIONS, ENFORCEMENT, AND FOR HEARINGS AND APPEALS; PROVIDING FOR CIVIL AND CRIMINAL PENALTIES, CUMULATIVE REMEDIES, PUBLIC NUISANCES, AND FEES; AND, FURTHER, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council finds that it has a compelling interest in protecting the quality of water in the City's drainage ways and subsequent receiving waters in accordance with federal, state and local regulations. WHEREAS, the City Council deems it in the public interest of the City and its citizens to adopt storm water quality regulations and provisions related thereto, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Storm Water Quality Ordinance Nederland, TX Table of Contents • SECTION 106-126. INTERPRETATION • SECTION 106-127. INTENT AND OBJECTIVES • SECTION 126-128. ADMINISTRATION • SECTION 106-129. SEVERABILITY • SECTION 106-130. ABBREVIATIONS • SECTION 106-131. DEFINITIONS • SECTION 106-132. ILLICIT DISCHARGES AND CONNECTIONS • SECTION 106-133. CONSTRUCTION AND POST -CONSTRUCTION STORMWATER MANAGEMENT • SECTION 106-134. NOTIFICATION OF SPILLS • SECTION 106-135. CITIZEN REPORTS OF VIOLATIONS • SECTION 106-136. ENFORCEMENT • SECTION 106-137. RIGHTS TO RECONSIDERATIONS, HEARINGS AND APPEALS • SECTION 106-138. CIVIL AND CRIMINAL PENALTIES • SECTION 106-139. RIGHT OF ENTRY • SECTION 106-140. VIOLATORS DEEMED PUBLIC NUISANCE • SECTION 106-141. REMEDIES NOT EXCLUSIVE • SECTION 106-142. FEES • SECTION 106-143 — 106-174. RESERVED SECTION 106-126. INTERPRETATION A. This Ordinance sets forth the administrative procedures, standards, and enforcement remedies which shall be used by the City in meeting the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) General Permit as promulgated by the NPDES Permitting Authority. B. The provisions of this Ordinance shall be regarded as the requirements for the protection of the public health, safety, general welfare, and environment. C. This Ordinance is not intended to interfere or conflict with, abrogate, or annul any other regulation, ordinance, statute, or provision of law. D. Whenever a provision of this Ordinance and a provision of any other law, ordinance, resolution, rule, or regulation of any kind, including any other provision of this Ordinance, contains any restrictions covering the same subject matter, the more restrictive shall govern. (Oal. No. 2009-14. § I. 8-24-2009) SECTION 106-127. INTENT AND OBJECTIVES A. Intent The intent of this Ordinance is to comply with regulations set forth by the Texas Pollution Discharge Elimination System (TPDES) Phase II MS4 General Permit No. TXR040000. B. Objectives The objectives of this Ordinance are protecting the quality of water in the city's drainage ways and subsequent receiving waters in accordance with federal, state and local regulations. (()rd. No. 2009-14, § 11. 8-24-2009) SECTION 106-128. ADMINISTRATION Except as otherwise provided herein, the City building official, shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to, or duties imposed upon the City building official, may be delegated to an appointed representative. (Oi-d. No. 2009-14, § l l 1. 8-24-2009) SECTION 106-129. SEVERABILITY If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this Ordinance. (()rel. No. 2009-14, § IV, 8-24-2009) SECTION V. ABBREVIATIONS The following abbreviations, when used in this Ordinance, shall mean the following: BMP - Best Management Practice MS4 - Municipal Separate Storm Sewer System NOTC - Notice of Termination of Construction NOV - Notice of Violation NPDES - National Pollution Discharge Elimination System SWO - Stop Work Order S WP3 - Storm Water Pollution Prevention Plan TCEQ - Texas Commission of Environmental Quality TPDES - Texas Pollution Discharge Elimination System (()rd. No. 2009-14. ti V. 8-24-2009) 2 SECTION 106-131. DEFINITIONS For the purposes of this Ordinance, unless a provision explicitly states otherwise, the following shall mean: Affidavit — A sworn statement in writing, submitted by a person, or persons, to the City building official, that is to be used as a legal document committing the said person to a long- term maintenance agreement with the City for maintenance of post -construction control measures. Agricultural storm water runoff — Any storm water runoff from orchards, cultivated crops, pastures, range lands and other nonpoint source agricultural activities, but not: discharges from concentrated animal feeding operations as defined in 40 CFR § 122.23; discharges from concentrated aquatic animal production facilities as defined in 40 CFR § 122.24; or discharges from residential irrigation or landscape watering. Applicant — Any person that submits an application for a Storm Water Permit and is (1) the owner of the property upon which construction is proposed or is taking place; or (2) the lessee if the lessee undertakes development of the property under the terms of the lease. Authorized representative — A person delegated authority to act on behalf of another for the purpose of complying with specified requirements of this Ordinance. Best management practices (BMPs) — Schedules of activities; prohibitions of practices; maintenance procedures; material storage shelters or covers; drainage management; runoff control devices or structures; retention or detention structures; trapping, separating, or settling devices; spill prevention or control devices and tools; waste treatment plants and devices; managed waste disposal devices and procedures; and other management practices as approved by the city/county to prevent or reduce the pollution of waters of the U.S. City — The City of Nederland, Texas. City building official — Person appointed to the position of City building official, or his or her duly appointed representative. City Council — The City Council of the City of Nederland. Closure activities — Activities, or the process thereof, that result in the final stabilization of a construction site and leave the site in good repair. Commencement of construction — The first disturbance of soils associated with or caused by move -in of equipment, installation of access roads or trails, storage of materials or equipment, clearing, grading, demolition, building, excavation or similar activities at a construction site. Compliance Order — An order issued by the City building official requiring a discharger to comply with this Ordinance by means specified in the order. Consent Order — An order issued by the City building official to which a discharger agrees to bring the discharge into compliance to this Ordinance. Construction — Activities involving clearing, grading, demolition, excavation, filling, or building of above and below ground structures and buildings, support and auxiliary facilities, transportation facilities, container and containment structures, above and below ground utilities and associated auxiliary facilities, pipelines and conveyances, and similar activities undertaken for public purposes or needs; for preparation of land, structures, or facilities for commercial purposes, use, or sale; or for preparation of land, structures, or facilities for industrial purposes, use, or sale. Construction site — The entire location where any construction or construction related activities occur which are part of a common development or project. Discharge — Any addition or introduction of any pollutant, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the U.S. Discharge permit — A NPDES permit, a TPDES permit or other state or federally issued permit or license for the discharge of waste or storm waters to the water of the United States. Discharger — Any person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site. Emergency Cease and Desist Order — An order issued by the City building official requiring immediate cessation of a discharge because of imminent endangerment to the public or the environment. Facility — Any building, structure, installation or area of activity from which there is or may be a discharge of a pollutant, excluding a construction or grading site. Final stabilization — The condition, or the activities leading thereto, of a construction site wherein all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover, or equivalent permanent erosion prevention measures, has been established over at least 70% of all areas not paved or covered by permanent structures or impervious surfaces. Garbage — Putrescible animal and vegetable waste materials from the handling, preparation, cooking or consumption of food, including waste materials from markets, storage facilities and the handling and sale of produce and other food products. Guidance Document — The guidance document is a document produced by the City that serves as the detailed technical specifications, procedures and other materials related to or required by the Storm Water Permit and Storm Water Quality Plan. Harmful — Causing pollution of waters in the State or waters occurring in the MS4. Hazardous substance — Any substance listed in Table 302.4 of 40 CFR Part 302. Illicit connection — Any connection to a storm water conveyance without storm water permit or exemption from prohibition of such connections as required by this Ordinance. Illicit discharge — A discharge of liquid or solid wastes, or combination thereof, which is discharged to a storm water conveyance without storm water permit or exemption from prohibition of such discharge as required by this Ordinance. Impervious — A condition of the land surface for which more than ninety (90) percent of the rainfall on the land surface would be reasonably expected to run off. Lessee — The person who leases a construction site or industrial or commercial facility and acts as an owner in regard to the conduct of construction at a construction site or operation of the facility at an industrial or commercial facility. Maintenance Bond — Legally enforceable written agreement whereby an owner, lessee, or organization guarantees proper maintenance of drainage features or water quality control structures for a certain period of time. Maximum Extent Practicable - A standard for water quality that applies to all MS4 operators regulated under the NPDES program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of pollutants. MS4 — The municipal separate storm sewer system, incorporating the entire system of storm water conveyances, but not sanitary or industrial wastewater sewers, or a single conveyance in such entire system, natural or man-made, lying within the boundaries of the City. MS4 Permit — The TPDES permit issued to the City and other co -permittees for the discharge of storm waters from the MS4. Municipal Separate Storm Sewer System (MS4) — Storm water conveyances lying within the corporate limits of the City, including but not limited to, storm water sewers, inlets, catch basins, traps, gutters, drains, ditches, culverts, canals, ponds, and other storm water conveyances, both natural and man-made, designed or used for collecting or conveying storm water, and which are not used for collecting or conveying sewage. Notice of Violation (NOV) — A legal notice issued by the City building official indicating a discharge is in violation of this Ordinance and that the violator must eliminate such discharge. Open space design — A low impact site design technique that concentrates dwellings in a compact area in one portion of the development in exchange for open space and natural areas elsewhere on the site. Open space designs are used to reduce impervious surfaces, storm water pollutants, and the loss of natural areas on a site. Operator of a construction site — The person or persons associated with a large or small construction activity that is an operator as defined below: (a) the person or persons that have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (b) the person or persons that have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan (SWP3) for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Outfall — The outlet of a body of water, in particularly, the point where a storm conveyance reaches its receiving water. Owner — The person who owns a facility, property on which a facility occurs, part of a facility, or part of the property on which a facility occurs; in the case of a mortgaged facility or property, the person who has a mortgage on the property and who will obtain, upon proper payment to a financial institution, ownership of the property; in the case of a facility or property for which a person has an option to purchase and such person acts, in effect, as an owner. Also, the person who owns a site or facility and who has ultimate financial responsibility for activities conducted at the site or facility. Person — Any individual; group of people by virtue of contract or mutual consent acting as a single entity; group of people assigned joint responsibility under requirements of this Ordinance; partnership; co -partnership; firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or the legal representatives, agents, or assigns of any person as defined in this paragraph. This definition includes all federal, state, and local governmental entities. Petition for Reconsideration — Written document submitted by a person to the Public Works Director requesting reconsideration of a previously issued SWO; Compliance Order; Remediation, Abatement, and Restoration Order; or Emergency Cease and Desist Order. Pollutant — Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, sediment, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant" does not include tail water or runoff from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pasture land, and farm land. Pollution — The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the U.S. that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Receiving waters — Any water of the State that accepts storm water runoff as overland sheet flow, channelized flow from a man-made or natural drainage channel, or similar structure, and is considered to be the ultimate destination of the storm water. Remediation, Abatement, and Restoration Order — A legally issued order by the City building official to correct or repair damage; stop, or otherwise control pollutant discharge; and/or to rehabilitate and return to original quality some condition in the environment. Rubbish — Nonputrescible solid waste, excluding ashes, that consist of (1) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves or similar materials; or (2) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit). Runoff coefficient — A measurement of the amount of the precipitation that falls on a specific surface actually ends up as storm water runoff. Scour velocity — The velocity, measured in feet per second, at which water has the ability to cause erosion. Scour velocities depend on topography, soils, and runoff rates. Show Cause Hearing — A hearing for which a violator of this Ordinance must provide reason why a proposed enforcement action by the City building official should not be undertaken. Significant development/redevelopment — a development or redevelopment project that results in a net increase of impervious surface area by 1 or more acres. Site — The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. Solid waste — Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, municipal, commercial, mining or agricultural operations, or from community and institutional activities. State — The State of Texas. Stop Work Order (SWO) — A legal order issued by the City building official to stop construction because of non-compliance to this Ordinance. Storm water — Water derived solely and directly from rainfall or snowmelt runoff and appearing as overland flow, flow in drainage conveyances, or flow in natural watercourses and man-made waterways. Storm Water Permit — Authorization issued by the City to conduct construction activities. Storm Water Pollution Prevention Plan (SWPPP or SWP3) — A plan that describes the practices, and the procedures for their implementation, that are to be used to reduce the pollutants in storm water discharges associated with construction or other industrial activity at a facility. Plan must be approved and/or sealed by a Professional Engineer or a Certified Professional in Erosion and Sediment Control (CPESC). Storm Water Quality Plan — A plan describing how construction is to be performed and how the site closure is to be accomplished, including post -construction control measures, at a construction site. A Storm Water Quality Plan is required to obtain a Storm Water Permit from the City. Texas Pollution Discharge Elimination System (TPDES) permit — Texas Pollution Discharge Elimination System permit issued by the TCEQ for the discharge of storm waters pursuant to authority delegated to the State by the EPA for issuance of TPDES permits. TPDES Permitting Authority — The environmental agency that is responsible for the oversight and enforcement of the TPDES Phase II MS4 Storm Water Permit is the TCEQ. Urban forestry — A low impact site design technique that utilizes environmentally sensitive practices and promotes the planting of trees and other vegetation to help control erosion and improve the quality of storm water runoff from construction sites within urbanized areas. Warning Notice — A notice issued by the City building official stating that a discharge is in violation of this Ordinance and requesting that the cause of discharge be investigated and that any violations be stopped. Waste, debris, trash — Solid waste composed of mixtures of floatables and nonfloatables derived from identifiable and ill-defined residential, industrial and commercial sources, commonly consisting of miscellaneous containers, bottles, cans, packaging, dead vegetation, discarded construction materials, soil, silt, yard waste, paper, cardboard, bottle and container caps and tops, oil and grease, paint and painting supplies, discarded auto parts or repair or maintenance tools or supplies, discarded clothes, discarded furniture, discarded household appliances or discarded parts of furniture or appliances. Waters in the State (or Water of the State) — Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. Water quality standard — The designation of a body or segment of surface water in the State for desirable uses and the narrative and numerical criteria deemed necessary by the State to protect those uses as specified in the Texas Administrative Code, or in waters of the U.S. as specified by the federal Clean Water Act. Waters of the U.S. — All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters in which the use, degradation, or destruction would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. Wetland — An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Working day — Any calendar day, 8 a.m. to 5 p.m., but not including Saturday, Sunday, any legal holiday recognized by the City or any day for which the City offices are closed for ordinary and general business. (Oal. No. 2009-14, § VI, 8-2)4-2009) SECTION 106-132. ILLICIT DISCHARGES AND CONNECTIONS A. Discharge Prohibitions 1. Prohibition of Illicit Discharge IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY, KNOWINGLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE, CREATE, CAUSE, INTRODUCE OR CONTRIBUTE TO CREATING, CAUSING OR INTRODUCING ANY DISCHARGE THAT CAUSES AND/OR CONTRIBUTES TO A VIOLATION OF APPLICABLE WATER QUALITY STANDARDS, EXCEPT FOR A DISCHARGE OR FLOW COMPOSED OF ONE OR MORE OF THE FOLLOWING: a. entirely of storm water; b. water line flushing or other potable water sources; c. landscape irrigation or lawn watering; d. diverted storm flows; e. rising ground water; f. ground water infiltration to storm drains; g. uncontaminated pumped ground water; h. foundation or footing drains (not including active ground water dewatering systems); i. crawl space pumps; j. air conditioning condensation; k. diverted stream flow or natural springs; 1. non-commercial washing of vehicles; m. natural riparian habitat or wetland flows; n. swimming pool draining; o. firefighting / training activities; p. any water source not containing pollutants; q. discharges specified in writing by the City as being necessary to protect public health and safety; r. dye testing, provided there is a verbal notification to the City prior to the time of the test; and s. any non -storm water discharge permitted under a TPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the TPDES Permitting Authority, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 8 2. Prohibition of Illicit Connections IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY, KNOWINGLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE, CONSTRUCT, USE, MAINTAIN, OR ALLOW CONTINUED EXISTENCE OF AN ILLICIT CONNECTION TO THE MS4. 3. Specific Prohibitions of Construction Related Illicit Discharges. IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY, KNOWINGLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE, CREATE, CAUSE, INGTRODUCE, OR CONTRIBUTE TO CREATING, CAUSING OR INTRODUCING ANY DISCHARGE THAT CASUES AND/OR CONTRIBUTES TO A VIOLATION OF APPLICABLE WATER QUALITY STANDARDS, A DISCHARGE OR FLOW COMPOSED OF ONE OR MORE OF THE FOLLOWING FROM CONSTRUCTION SITES: a. Pollutants from equipment, vehicle and/or other wash waters; b. Pollutants from exposed building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste or other similar materials; c. Pollutants from spills and/or leaks; d. Pollutants from washout wastewater, fuels, oils, soaps, solvents, and dewatering activities. B. Suspension of MS4 Access 1. Suspension due to Illicit Discharges in Emergency Situations a. The City building official may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States or as described in Section 106-136.G. b. If the violator fails to comply with a suspension order issued in an emergency, the City building official may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to the public. 2. Suspension due to the Detection of Illicit Discharge a. Any person discharging to the MS4 in violation of this Ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City building official will notify a violator of the proposed termination of its MS4 access. The violator may petition the City for a reconsideration and hearing (See SECTION 106-137). b. IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY, KNOWINGLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE REINSTATE MS4 ACCESS TO PREMISES TERMINATED PURSUANT TO THIS SECTION, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CITY BUILDING OFFICIAL. (Ord. No. 2009-14. § V11. 5-2-4-2009) SECTION 106-133. CONSTRUCTION STORM WATER MANAGEMENT A. General Provisions 1. Construction Related Violations a. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY, INTENTIONALLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE TO ENGAGE IN CONSTRUCTION NOT CONDUCTED IN ACCORD WITH THE REQUIREMENTS OF THIS ORDINANCE. b. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY, INTENTIONALLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE TO ENGAGE IN CONSTRUCTION NOT INITIATED OR TERMINATED WITHIN THE TIME FRAME AUTHORIZED BY THE CITY BUILDING OFFICIAL BY NOTICE, PERMIT OR LICENSE WHEN SUCH AUTHORIZATION IS REQUIRED BY THIS ORDINANCE. c. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY, INTENTIONALLY, RECKLESSLY OR WITH CRIMINAL NEGLIGENCE TO NOT COMPLY WITH REQUIREMENTS FOR TIMELY APPLICATION FOR A STORM WATER PERMIT, A STORM WATER QUALITY PLAN AND/OR A STORM WATER POLLUTION PLAN (SWP3) AS SPECIFIED IN THIS ORDINANCE. 2. Pollution Prevention Requirements a. Any and all owners and/or operators of a construction site and any and all other persons undertaking construction activities as a contractor or subcontractor at a construction site shall use Best Management Practices pursuant to the construction permit to control, reduce, and prevent, to the maximum extent practicable, the discharge of pollutants to the MS4 and/or waters of the U.S. b. The discharge of pollutants to the MS4 and/or waters of the U.S. from activities conducted by said operator, contractor, or subcontractor include but is not limited to: sediment, silt, earth, soil, dirt, sand and gravel; lime, liquids, solids, and semi-solids used for soil treatment, preparation, or amendment; concrete, slurries, grout, tar, and asphalt; construction vehicle and/or equipment cleaning wash waters; construction vehicle cleaning and wash waters; construction vehicle maintenance fluids such as hydraulic fluids, lubricants, fuels, brake fluids, and coolants; hazardous or extremely hazardous materials; materials resulting from repair, renovation, or demolition such as concrete, reinforcing bar, steel, wire, tar paper, roofing materials, sheet rock, plaster, wood, cellar dirt and carpeting; residual and surplus construction materials; paint, paint thinner, paint equipment cleaner and wastewater from the cleaning of painting equipment and supplies; waste construction material packaging and containers; and construction trash, debris, and waste, building materials, building products, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, washout waters, spills, leaks, solvents, and dewatering activities. 3. Stop Work Order (S WO) a. Whenever the City building official determines that the operation of a construction site has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, as it may pertain to the operation of the construction site, the City building official may order that a SWO be issued. H b. When a SWO is issued, it shall be issued to the operator of the construction site for which construction is to stop, be posted at the site, and distributed to all City departments and divisions whose decisions affect any activity at the site. c. Unless express written exception is made by the City building official, the SWO shall prohibit any and all further construction activity at the site, and shall bar any further inspection or approval by the City of any work associated with a building permit, Storm Water Permit, or any other City approval necessary to commence construction or to assume occupancy at the site. d. Issuance of a SWO shall not be a bar against, or a prerequisite for, taking any other action against the construction site operator. B. Construction Site 1. Site Limits A construction site is the location and all the areas wherein construction activity, which is all or part of a common development or project, are occurring, proposed to occur, or have occurred, irrespective of whether that construction is in compliance with this Ordinance, irrespective of whether that construction activity is ongoing or temporarily suspended for any purpose, and irrespective of whether the City building official has granted authorization to undertake the construction activity. For purposes of this Ordinance, a construction site shall encompass: a. all land and surface water areas where the construction activities of any type, including all areas of land surface disturbed by or as a consequence of the construction activities or other activities in support of the construction activities, are undertaken as part of a common plan of development or project; b. all areas of land to be disturbed by construction of a common plan of development or project, irrespective of whether such construction is undertaken or planned to be undertaken in one phase or stage or different phases or stages and irrespective of whether such construction is undertaken or planned to be undertaken at different, separate, or simultaneous times; c. all areas of land where the land is to be disturbed by construction of a common plan of development or project, irrespective of whether untaken at contiguous or separate locations within the general area encompassed by the common plan of development or project, provided such boundary lies on or is within the boundary of property collectively owned or leased by one or more parties undertaking any or all of the construction activities; and d. all areas of ongoing, temporarily suspended, yet -to -be undertaken, and completed construction encompassing the totality of the construction activities, irrespective of whether any or all the construction activities are within compliance with this Ordinance. 2. Redefining of Construction Site Limits The City building official shall have the right to redefine, for purposes of compliance with this Ordinance, the limits of a construction site in extent and amount necessary and sufficient in the judgment of the City building official to prevent the actual or potential discharge of pollutants from the construction site to the MS4 or waters of the U.S. to the maximum extent practicable, provided the limits so defined lies on or within the boundary of property collectively owned or leased by one or more operators undertaking any or all of the construction activities at the site. 11 3. Cessation of Construction Site A construction site shall, for the purposes of this Ordinance, cease to be a construction site only at such time that all requirements for closure of the construction site as specified by this Ordinance have been met. C. Operators and Applicants 1. Operator Responsibility A construction operator shall be fully responsible for compliance with all requirements of this Ordinance for construction activities, as may be applicable to the type of construction activities being conducted, proposed to be conducted, or that have been conducted by the operator at a construction site, including but not limited to making application for a Storm Water Permit, preparing a Storm Water Quality Plan, and performing closure of the construction site. a. Change in Operator In the event that the operator of the construction site changes, all or in part, any and all Storm Water Permits, and Storm Water Quality Plans for construction yet to be completed must name the new and continuing operators' names. Any permits, plans, or notices that have been issued or approved by the City for the construction to the original operator(s) must be reissued or re -approved, as appropriate, with the name(s) of the new operator(s) in the same manner as the original operator, such re -issuance or re - approval being obtained no later than ten (10) working days after such change. 2. Applicant For the purpose of any applications for construction activities that may be required by this Ordinance, an applicant is the person or persons making such application and is: a. An operator at the property upon which construction is proposed or is taking place. 3. Division of Responsibility In the event the operator of a construction site is more than one legal entity, the applicant/permittee shall be responsible and held liable for complying with the storm water permit. D. Construction Activities 1. Types of Construction Activities Construction activities are those activities which result in exposure of raw soil on a temporary or permanent basis and may include, but are not necessarily limited to, one or more of the following activities or practices when such activities are done for the purpose(s) of: • smoothing, • clearing, • removing trees and vegetation, • configuring or shaping the land surface or subsurface; • modifying drainage, drainage patterns, drainage conveyances, or drainage facilities; • removing, destroying, or demolishing existing structures, surfaces or facilities; 12 • preparing the land for construction of roads, highways, curbs, gutters, drainage devices, vehicle parking, buildings, structures, walls, roofs, floors, pads, foundations, tanks, basements, pipes, or utilities. 2. Construction Conduct a. Any construction at a construction site shall be performed so as to reduce, to the maximum extent practicable, the discharge of sediments and other pollutants from the construction site. b. An owner and/or operator of a construction site shall maintain on-site and make available for inspection by the City building official any notice permit or license for construction, and any pollution control plan that may be required by this Ordinance or other state or federal regulation. c. Application for a Storm Water Permit shall be submitted to the City building official at least ten (10) working days prior to beginning construction activities of any type, including clearing and leveling activities, for any construction site for which construction activities at the site will disturb in total one (1) acre or more of land surface area. d. A Storm Water Permit, issued by the City building official prior to commencement of construction activities, shall be obtained for any construction site for which construction activities at the site will disturb in total one (1) acre or more of land surface area or is part of a common plan of development that disturbs 1 or more acres of land. e. A Storm Water Quality Plan shall be submitted to, and approved by, the City building official prior to commencement of any construction activity at a construction site for which a Storm Water Permit is required. f. The City building official shall require that a construction site of any size conform to any and all conditions of this Ordinance for construction activities if the City building official determines that such requirements are necessary to prevent a significant discharge of pollutants to the City's MS4 or waters of the U.S., or are necessary because of imminent harm to the public or the environment. 3. Closure and Final Stabilization of Construction Site a. Closure Activities Construction activities at a site, for the purposes of this Ordinance, shall not be complete until proper closure of the site has been accomplished. Until such time proper closure has been achieved, the operator of the site is subject to all applicable requirements for conduct and completion of construction activities at the construction site. Any operator of a construction site shall complete all construction activities at a construction site in compliance with the requirements of this Ordinance for proper closure. b. Proper Closure Proper closure includes, but is not limited to, the following: i. Final stabilization of the site; ii. Removal of all construction surplus and residual materials, supplies, packaging, drums, cans, and containers; iii. Removal of all surplus and residual soaps, cleaners, pastes, mastics, solvents, materials for soil amendment or preparation 13 and similar construction materials; iv. Removal of all excess, surplus, and unused construction vehicle maintenance fluids, including lubricants, fuels, brake fluids, and coolants; v. Removal of all wastes, trash, and debris vi. Removal of any waste bins, enclosures, drums, or similar containers which are not intended to serve as permanent waste storage containers at the site; vii. Removal of all temporary storm water pollution control devices, structures, and materials; viii. If not intended for removal in City approved plans or specifications for the site, and to the extent a construction operator or their activities are responsible for the damage or loss of function or capacity of storm water conveyances and appurtenances: 1) Repair or replacement of damaged storm water conveyances and appurtenances; 2) Repair or replacement of damaged drainage works and facilities; and 3) Restoration of proper function and capacity of storm water conveyances. 4. Permit Termination and Expiration A construction sites permit is terminated automatically when all of the requirements listed under proper closure section of this ordinance is met. Permit coverage will automatically terminate two (2) years after the permit issuance date. If continued permit is needed beyond the termination or expiration date, a new permit must be issued. 5. Inactive Construction Sites A construction site for which active and ongoing on-site construction activities have halted for a period of fourteen (14) continuous calendar days and for which proper closure actions as required by this Ordinance have not been conducted, shall be considered in violation of this Ordinance, unless the construction site owner and/or operator has demonstrated to the satisfaction of the City building official that: i. Such lack of active and ongoing on-site construction activity is a result of only temporary suspension of activities; and ii. Site conditions are and will be maintained in a condition satisfactory to prevent the discharge of pollutants to the City's MS4 or waters of the U.S. to the maximum extent possible during the period of temporary suspension of construction activities. E. Storm Water Permit 1. General Provisions a. A Storm Water Permit authorizes a construction owner and/or operator to conduct construction activities. Obtaining a Storm Water Permit does not relieve an owner and/or operator of complying to any and all applicable requirements of this Ordinance exclusive of those dealing with construction. 14 b. A Storm Water Permit shall be obtained prior to the start of any construction activity at a site by application to the City building official by the owner and/or operator of the construction site at which construction occurs or is proposed, such application providing such information the City building official may require. c. Application for a Storm Water Permit shall require the submission of a Storm Water Quality Plan developed in accordance with the guidance document to the City building official for review, such plan shall provide information that will reduce the discharge of pollutants from the site to the maximum extent practicable. d. The Storm Water Permit must be obtained from the City building official at least two (2) working days prior to commencement of construction. Only that construction activity which is described in the Storm Water Permit can be undertaken. e. The Storm Water Permit shall be posted at the construction site, and no construction activity can occur prior to the date of commencement, or after the date of termination, authorized by the Storm Water Permit. f. Construction must be started no later than one hundred eighty (180) calendar days after the issuance of the Storm Water Permit. Failure to begin construction within the specified time frame will render the Storm Water Permit void. g. Application for a change in the date of commencement of construction or the date of termination of construction specified in a Storm Water Permit, must be made at least two (2) working days prior to: (1) the date of the proposed change for commencement; and/or (2) the date of the originally specified termination date or latest previously approved date of extension. h. If for any reason the Storm Water Permit is suspended, revoked, terminated, or voided, construction activity at the site shall immediately cease. 2. Contents of a Storm Water Permit a. Address or other description of location of the construction site; b. Name and address of the construction site owner and/or operator, either property owner or lessee, and name and address of general construction contractor, if different from property owner or lessee; c. Name, address, and business telephone number of the construction site owner and/or operator's on-site representative; d. Earliest date of commencement of construction activity; e. Proposed dates of termination of construction activity, completion of final stabilization activities, and closure of the site; f. Practices to be employed for site stabilization during the course of the construction; g. Description of means by which the site is to be stabilized during suspension of construction activity for periods of fourteen (14) or more days and permanently stabilized by the time of completion of construction activities; 15 h. Any other information the City building official may deem necessary, whether or not required of any other owner and/or operator making application for a Storm Water Permit; and i. Certification by the applicant for the Storm Water Permit that the information provided on the Storm Water Permit application is true and accurate. 3. Amendment to Storm Water Permit a. Application for amendment to a Storm Water Permit can be made at any time ten (10) or more working days prior to the time identified in the Storm Water Permit for completion of construction activities, provided the person(s) making application is not in violation of this Ordinance. b. If the application for amendment to a Storm Water Permit requires a change in the Storm Water Quality Plan in order for the Storm Water Quality Plan to remain true and accurate should construction be undertaken in accordance with the amendment, an appropriately modified Storm Water Quality Plan shall also be provided at the time of application for amendment to the City building official. 4. Late Filing of Amendment To a Storm Water Permit a. If application for amendment to a Storm Water Permit is made less than ten (10) working days prior to the time for which the activities or conditions described by the amendment are to occur, exist or come about, and such activities or conditions are not authorized by the Storm Water Permit prior to application for amendment, the application shall be deemed to be a Late Filing of Storm Water Permit Amendment. b. A Late Filing of Storm Water Permit Amendment shall meet all the same conditions and requirements as application submitted more than ten (10) working days prior to the time for which the activities or conditions described by the amendment are to occur, exist or come about, and include other such information the City building official may require. c. Construction to be undertaken in accord with a Late Filing of Storm Water Permit Amendment shall not be undertaken until such amendment is approved by the City building official. d. Approval by the City building official of a Late Filing of Storm Water Permit Amendment or payment of any fees for such filing shall not relieve the applicant from any or all administrative enforcement remedies, judicial enforcement remedies, enforcement actions, or other remedies allowed by this Ordinance. 5. Exemptions Exemptions from requirements for a Storm Water Permit and Storm Water Quality Plan shall apply for the following situations or conditions: a. The construction activity undertaken for the sole purpose of yard maintenance, landscaping, gardening or other short term minor ground disturbance activities not normally associated with construction and not requiring a building permit. This exemption does not cover landscaping or other stabilization activities required to properly close a permitted construction site. b. The City building official determines the construction is necessary on an emergency basis because of imminent harm or endangerment to the public or environment, in which case the construction may by continued only so long as UR such imminent harm or endangerment or threat of harm or endangerment exists; c. The City building official may provide a waiver to the requirement for a Storm Water Permit upon the request of the owner and/or operator seeking such waiver. The waiver is to be provided only if the construction for which waiver is sought is demonstrated to the satisfaction of the City building official to meet all of the following conditions: i. Will not contribute to a violation of this Ordinance or any permit or license the City may hold to discharge storm water; ii. The construction activity is of such size, extent, magnitude, or location as to neither allow, cause, or have potential to cause a significant discharge of sediments or other pollutants to the City's MS4 or waters of the U.S.; iii. There is a compelling public interest for issuance of a waiver; iv. It is in the general interest of the health and safety of people in the City or protection of the environment that such waiver be provided, such interest not to be based upon cost or economic considerations as they may apply to or affect the owner and/or operator seeking waiver of the permit; and F. Storm Water Quality Plan A Storm Water Quality Plan is required for a City Storm Water Quality Permit. The Storm Water Quality Plan shall be prepared in accordance the guidance document and good pollution control practices. The plan must be prepared and/or approved by Professional Engineer or a Certified Professional in Erosion and Sediment Control. The main objective of the plan is to identify potential sources of pollution, including sediment, which may reasonably be expected to affect the quality of storm water discharges associated with construction and development. The plan must describe the implementation of best management practices (BMPs), which will be used to reduce the pollutants in storm water discharges associated with construction and post - development runoff. Storm Water Quality Plans shall be retained on site during the course of construction and shall be available for inspection by the City upon request. 1. Contents of Storm Water Quality Plan a. Site Description i. A description of the construction activity; ii. A copy of any development plans; iii. A proposed construction schedule; iv. Total area of the site, and total disturbed area, including off-site staging/storage areas; v. An estimate of the runoff coefficient before and after construction activities are completed, and existing data describing the soil and soil erosion potential. vi. A description of the existing vegetation at the site, including coverage; 17 vii. The location of other sources of pollution, such as vehicle fueling, storage of chemicals, concrete washout areas, etc.; and viii. The name of the receiving water(s) and description of any outfalls (size, type, and location), if the discharge is to a MS4, the name of the system, the location of the storm sewer discharge, and the ultimate receiving water(s). b. Best Management Practices (BMPs) The plan shall indicate locations for and descriptions of control measures that will be used. The plan should clearly describe the implementation of BMPs relevant to each phase of site development such as: i. before clearing and grading activities begin; ii. during all phases of construction; and iii. post-construction/post development. c. Control Measures i. Construction Phase Construction phase control measures to be described in the Storm Water Quality Plan may include, but are not limited to, the following: 1) Temporary Sediment Control Measures a) silt fence b) sand bag berms c) hay bales d) check dams e) interceptor swales/dikes 2) Temporary Stabilization Measures a) temporary seeding b) erosion control blankets/matting c) mulch/compost d) temporary sodding 3) Final Stabilization Measures a) permanent seeding b) permanent sodding c) impervious surfaces 18 ii. Post -Construction Phase Post -construction phase control measures must be incorporated into the Storm Water Quality Plan where necessary to preserve pre - development hydrologic regimes. Post -construction phase control measures to be described in the Storm Water Quality Plan may include, but are not limited to, the following: 1) Velocity Dissipation Measures a) On -Site i) vegetated swales ii) check dams iii) vegetated filter strips iv) Level spreaders v) Velocity dissipation structures b) Off -Site i) surrounding local topography ii) concrete -lined drainage channels 2) Pre -development Peak Flow Preservation a) On -Site i) detention basins/ponds ii) constructed wetlands iii) bio -retention iv) wet basins b) Off -Site i) Off-site or regional detention ii) Low velocity drainage channels iii) in-line detention ii) outfall pump systems 3) Low Impact Development Standards For construction sites located within watersheds that are considered to be impaired by the Texas Commission for Environmental Quality, or in buffer zones designated by the City, the owner and/or operator of the site, may be required, at the discretion of the City building official, to utilize Low Impact Development Standards that include, but are not limited to: 19 a) Minimization of the width or size of: i) roads/streets ii) sidewalks iii) cul-de-sacs iv) parking lots b) Open -space design c) Urban forestry d) Roof drainage control 4) Non Structural Controls a) Adequate litter trash services/receptacles b) Street/Parking low sweeping/cleaning as necessary 5) Guidance Documents for Developers The City will make available, upon request, a Post -Construction Control Measures Guidance and Low -Impact Development Standards Guidance for owners and/or operators, i.e. developers, of new and re -development projects. d. Commitment of Long Term Maintenance of On -Site Post -Construction Control Measures For new and significant redevelopment projects that are determined by the City to require on-site control post -construction control measures such as detention ponds, constructed wetlands, bio -retention systems, or the like, the developer shall be required to make a long term commitment to the City for maintenance of the said control measure(s). i. An affidavit (supplied by the City), signed by the developer, or the person or persons who will be responsible for the maintenance of the control measure(s), must be submitted to the City building official no later than two (2) calendar days after the date of termination of construction, and will serve as a legal commitment to the City. The affidavit must include provisions for transferring responsibility to a new party in the event that the property is sold, ownership of the property changes or the listed individual can no longer ensure adequate long term maintenance of the on-site post construction control measure. A copy of the affidavit must be filed with or attached to the deed of record for the subject property. Proof of this filing must be submitted at the time of application for a Storm Water Permit. ii. Once an affidavit has been submitted to the City building official, the City building official may require that a Maintenance Bond be issued to ensure the maintenance is performed according to the said legal commitment. ►.1 e. Good Housekeeping The plan shall include inspection and maintenance procedures during the entire construction phase to ensure that BMPs are in good and effective operation condition. i. Contractor Inspections 1) A contractor's inspection of the entire construction site shall be performed every fourteen (14) calendar days and following a rainfall of at least 0.5 inches or every seven (7) days. 2) Complete an inspection report for each inspection performed. 3) Inspection reports shall be retained on site as part of the Storm Water Quality Plan. ii. Contractor Maintenance 1) Maintenance shall be performed on applicable BMPs as soon as possible in areas identified in the inspection reports. 2) Maintenance shall be performed in accordance with manufacturer's specifications or other sources determined by the City building official to be acceptable. Revisions to Storm Water Quality Plan i. The Storm Water Quality Plan shall accurately reflect site conditions and the construction activities proposed to be undertaken. Revisions necessary to maintain an accurate and up-to-date Storm Water Quality Plan shall be made in a timely fashion but in no case later than ten (10) working days after the occurrence of conditions or activities requiring such revisions. ii. If the conditions or activities described by a Storm Water Quality Plan revision will result in an increase in the actual or potential discharge of pollutants from the site, such revision must be approved by the City building official prior to implementation of the proposed revision at least ten (10) working days prior to the implementation of activities described by the revision. iii. The City building official shall have ten (10) working days to approve or reject a revision to a Storm Water Quality Plan after submittal of a proposed revision. If the City building official does not issue an approval or rejection of the revision within ten (10) working days, the revision(s) shall be assumed to be not approved. C. Storm Water Pollution Prevention Plan (SWP3) 1. For a construction site that is five (5) or more acres and that is required by state or federal regulation to have an SWP3, the SWP3 shall be prepared in accordance with applicable state and federal regulations. 2. For a construction site that is one (1) or more acres but less than five (5) acres and that is required by state or federal regulation to have an SWP3, the SWP3 shall be prepared in accordance with applicable state and federal regulations. 3. Any storm water pollution prevention plan required by federal or state 21 regulation shall be retained on site during all phases of construction and made available to inspection by the City upon request. Failure to produce such required SWP3s shall be grounds for issuance of a SWO. 4. The City building official shall request and receive at the time of, or after application for a Storm Water Permit, a copy of any SWP3 required by federal or state regulation for discharge of storm waters from a construction site. Failure to provide such requested pollution control plan within ten (10) days of request shall be grounds for a SWO. 5. The City building official may require additional information, plans, or specifications are provided in an SWP3 for a construction site if the City building official determines such additional information, plans, or specifications are necessary to prevent the discharge of pollutants to the MS4 or waters of the U.S. SECTION 106-134. NOTIFICATION OF SPILLS Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the City building official in person or by phone or facsimile no later than the next working day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City building official within three (3) working days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence. Such records shall be retained for at least eight (8) years. (Oal. No. 2009-14, § IX, 8-24-2009) SECTION 106-135. CITIZEN REPORTS OF VIOLATIONS A. Report by Any Person Any person shall have the right to report to the City building official or an office designated by the City building official, any spill, release, illicit connection or other instance of anyone (as may be identified by name, title, employing company, legal identity, commonplace name, or other description) discharging into the MS4 or waters of the United States, and any other violation of this Ordinance of which the person becomes aware. B. Action Upon Report The City building official or a designated City office shall receive all such reports by telephone, electronic mail transmission, in writing or in person. A written or electronic record of each such report will be maintained and kept on file for a period of at least eight (8) years by the City, and a copy of the City's record of the report will be furnished to the reporting person upon request at no charge. Also upon request, the City building official will inform the person making such report of any action undertaken by the City in response to such report. (Ord. No. 2009-14. § X, 8-24-21009) 22 SECTION 106-136. ENFORCEMENT A. Warning Notices When the City building official finds that any person has violated, or continues to violate, any provision of this Ordinance, or any other order issued hereunder, the City building official may serve upon that person a written Warning Notice specifying the particular violation determined to have occurred and requesting the violator to immediately investigate the violation and initiate preventative or corrective actions to stop the conditions causing, contributing to or resulting in the violation. 2. Investigation or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. 3. Nothing in this subsection shall limit the authority of the City building official to take any action, including emergency action or any other enforcement action, prior to issuing a Warning Notice. B. Notification of Violation (NOV) When the City building official finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the City building official may serve upon that person a written NOV. Within ten (10) calendar days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention of recurrence thereof, including specific required actions, shall be submitted by the alleged violator to the City building official. If the alleged violator denies that any violation occurred, or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the City building official within ten (10) calendar days of receipt of the notice. 2. Submission of an explanation or plan in no way relieves the alleged violator of liability for any violations of this Ordinance or any state or federal regulation occurring before or after receipt of the NOV. 3. Nothing in this section shall limit the authority of the City building official to take any action, including emergency action or any other enforcement action, without first issuing a NOV. C. Show Cause Hearing The City building official may order any person who has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, to appear before the Zoning Board of Appeals and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on any representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in this Ordinance. D. Remediation, Abatement and Restoration Orders When the City building official finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, and the City building official has reasonable evidence to suspect that such a violation has adversely affected the MS4 or waters of the U.S., the City building official may issue a Remediation, Abatement and Restoration Order to the violator directing said violator 23 to undertake and implement any appropriate action the City building official may designate to remediate or abate any adverse effects of the violation upon the MS4, and to restore any part of the MS4 within the City that has been harmed, provided such ordered actions are limited to actions lying within City boundaries. Such remediation, abatement, and restoration actions may include but shall not be limited to: a. Monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, or restoration actions; b. Confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination. c. Prevention, minimization, or mitigation of any damage to the public health or the environment that may result from the violation; and d. Restoration or replacement of City property or natural resources damaged by the violation 2. The Remediation, Abatement, and Restoration Order may direct that the remediation, abatement, or restoration be accomplished on a specified compliance schedule and be completed within a specified period of time. 3. The cost for preparation, implementation, construction, and maintenance of any remediation, abatement, or restoration as may be ordered by the City building official shall be borne by the person to whom the City building official has issued such order. 4. An order issued under this subsection does not relieve the violator of liability for any violation, including any continuing violation. 5. Issuance of an order under this subsection shall not be a bar against, or a prerequisite for, taking any other action against any responsible party. E. Emergency Cease and Desist Orders When the City building official finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the violation(s) has caused or contributed to an actual or threatened discharge to the MS4 or waters of the U.S. which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City building official may issue an Emergency Cease and Desist Order to the violator directing said violator to immediately cease and desist all such violations and directing the violator to: a. Immediately comply with all Ordinance requirements; b. Terminate any discharges which the City building official determines to present an imminent or substantial endangerment to persons or to the environment; and c. Take such appropriate preventative action as may be needed to properly address a continuing or threatened violation, including immediately halting operations, terminating the discharge or both. 2. Any person to which an Emergency Cease and Desist Order has been directed, shall, upon receipt of such Order, immediately take action to stop or eliminate the endangering discharge. In the event of said person's failure to immediately comply voluntarily with said Order, the City building official may take such action(s) as deemed necessary to prevent or minimize harm to the MS4 or waters of the U.S. or endangerment to persons or to the environment. Such actions may include, but are not limited to, immediate termination of water supply, sewer connection or other 24 municipal utility service provided to said person; any facility owned, leased or operated all or in part by said person; or any site for which said person is all or in part an owner or lessee. 3. The City building official shall allow the person to whom an Emergency Cease and Desist Order has been issued to recommence discharges when the City building official determines that the period of endangerment has passed, unless further termination proceedings are initiated against the person to whom the order was issued. 4. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a written statement, in a form as may be acceptable to the City building official, describing the causes of the harmful discharge and measures taken or to be taken within a timely fashion to prevent any future occurrence, to the City building official within fourteen (14) calendar days of receipt of the emergency order. 5. Issuance of an Emergency Cease and Desist Order shall not be a bar against, or a prerequisite for, taking any other action against the violator. (()rd. No. 2009-14, ti X1. 8-24-2009) SECTION 106-137. RIGHTS TO RECONSIDERATIONS, HEARING AND APPEALS A. Reconsideration of and Hearing of Petitions 1. Any person subject to a Stop Work Order; a Remediation, Abatement and Restoration Order; or an Emergency Cease and Desist Order may petition in writing the Zoning Board of Appeals to reconsider the basis for the order within fourteen (14) calendar days of the original post mark of the affected person's order. The petition must be submitted to the City building official for transmittal to the Zoning Board of Appeals. 2. Failure to submit a written Petition for Reconsideration within fourteen (14) calendar days of the original post mark of the affected person's order shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order. 3. In its Petition for Reconsideration, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition. 4. The effect of any Remediation, Abatement, and Restoration Order shall be stayed, pending the Zoning Board of Appeals consideration of the Petition for Reconsideration, and any hearing thereon, unless the Zoning Board of Appeals expressly makes a written determination to the contrary. The effectiveness of any Emergency Cease and Desist Order shall not be stayed pending the Zoning Board of Appeals reconsideration, or any hearing thereon, unless the City building official or the Zoning Board of Appeals expressly and in writing stays the Emergency Cease and Desist Order. 5. Within fourteen (14) calendar days of the submittal of a Petition for Reconsideration, the Zoning Board of Appeals shall either: (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition, without hearing if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, hold a hearing on the petition. 6. Written notice of any hearing set by the Zoning Board of Appeals as a result of a Petition for Reconsideration shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days 25 prior to the hearing. Such notice may be served on any authorized representative of the petitioning party. 7. The Zoning Board of Appeals may conduct the hearing and take evidence, or may designate any employee of the City or any specially -designated attorney or engineer to: a. Issue the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing; b. Take and gather evidence; and c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Zoning Board of Appeals for action thereon. 8. At any hearing held pursuant to a Petition for Reconsideration, testimony taken shall be under oath and recorded. Any party is entitled to legal representation and may present his or her case or defense by oral or documentary evidence and may conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof. 9. After the Zoning Board of Appeals has reviewed the evidence, the Zoning Board of Appeals shall either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The Zoning Board of Appeals may modify the order giving rise to the Petition for Reconsideration as may be the appropriate based upon the evidence and arguments presented at the hearing and the Zoning Board of Appeal's action on the petition. Further orders and directives as are necessary and appropriate may be issued. B. Appeal 1. If a discharger or operator is penalized as a result of a Stop Work Order; a Remediation, Abatement and Restoration Order; or an Emergency Cease and Desist Order, such discharger or operator may file a written appeal to the District Court. The appeal must include evidence proving that the discharger or operator did not violate this Ordinance. The appeal must be filed within ten (10) working days of the discharger or operator receiving the penalty. 2. Failure to submit an appeal within ten (10) working days of the discharger or operator receiving the penalty shall be deemed to be a waiver of further administrative review. (Orel. No. 2009-14. § 111. 8-14-2000) SECTION 106-138. CIVIL AND CRIMINAL PENALTIES A. Civil Remedies The City may invoke sections of the Texas Local Government Code and petition the courts of Jefferson County, Texas, through the City Attorney or his designee, for injunctive relief or the civil penalties specified in this Ordinance, or both the specified injunctive relief and civil penalties. B. Criminal Penalties 1. Any person who has violated any provision of this Ordinance, or any order 26 issued hereunder, shall be strictly liable for such violation and shall, upon conviction, be subject to a fine of not more than $2,000 per violation, per day. 2. Any person who has intentionally, knowingly, recklessly, or with criminal negligence made any false statement, representation or certification in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this Ordinance, or any order issued hereunder, or who has intentionally, knowingly, recklessly, or with criminal negligence falsified, tampered with, or rendered inaccurate any monitoring device or method required under this Ordinance shall, upon conviction, be subject to a fine of not more than $2,000 per violation, per day. C. Determination of Fines In determining the amount of any fine imposed hereunder, the municipal court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires. D. Civil Penalties Pursuant to Section 54.017 of the Texas Local Government Code, the City may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this Ordinance, if the City proves that: a. The person was actually notified of the provisions of the Ordinance; and b. After the person received notice of the Ordinance provision, the person committed acts in violation of the Ordinance or failed to take action necessary for compliance with the Ordinance. ( ( )rd. No. 2009-14, § X111. 8-2=1-2009) SECTION 106-139. RIGHT OF ENTRY The City building official and/or their appointed representative may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the city's municipal court, enter upon any property for examination of the same to ascertain whether a violation of the requirements of this Ordinance and shall be exempt from any legal action or liability on account thereof. ( Ord. No. 2009-14, § XIV, 8-24-2009) SECTION 106-140. VIOLATORS DEEMED PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense including a possible lien on the property, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisances may be taken. (Ord. No. 2000-14, § XV. 8-24-2009) 27 SECTION 106-141. REMEDIES NOT EXCLUSIVE The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City building official to seek cumulative remedies. (Oi-d. No. 2009-14. § XVI. 8-214-2009) SECTION 106-142. FEES A. Implementation Fees The City shall adopt fees for reimbursement of costs of implementing this Ordinance, which costs may include, but not limited to, the following: 1. Fees for monitoring, inspection, and surveillance procedures, including the cost of collecting and analyzing discharges and reviewing monitoring reports submitted by dischargers; 2. Fees for issuance of permits; 3. Fees for review of notices and plans for construction, termination of construction, and storm water pollution prevention control, irrespective of any acceptance or rejection of such notices or plans by the City building official; 4. Fees for conduct of site inspections by the City when requested by an operator of a site or facility, irrespective of whether such inspection is required by this Ordinance; 5. Fees for site inspection by the City pursuant to determination of compliance to conditions of a conditional notice of termination of construction; 6. Fees for responding to spills and releases of oil, hazardous and extremely hazardous substances, and other pollutants; and 7. Other fees as the City may deem necessary to carry out the requirements contained in this Ordinance. B. Separation of Fees The fees described above relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City. C. Fee Summary Item Minimum Amount, $ Storm Water Permit Fees On-time application for Storm Water Permit $45 Late filing of application for Storm Water $90 Permit On-time amendment of Storm Water Permit $45 (with no net increase in site acreage) On-time amendment of Storm Water Permit $45 (with net increase in site acreage)- unit rate applies only to the increase in acreage Late amendment of Storm Water Permit $90 (with no net increase in site acreage) Late amendment of Storm Water Permit $90 (with net increase in site acreage)- unit rate applies only to the increase in acreage Lifting of Stop Work Order $25 28 Incremental Amount, $ for each full or partial acre of a site in excess of 1 acre $45 $90 0 $45 (for increase in acreage) 0 $90 (for increase in acreage) $25 Other Fees City response to spill I Direct Cost + 50% of Direct Cost (()i-cl. No. 2009-14. § XVI 1. R-2=1-2009 ) SECTION 106-143 —106-174. RESERVED. Footnote(s): Editor's note — Ordinance No. 2009-14, §§ I -XVII, adopted August 24, 2009 did not specifically amend the Code. Therefore, such ordinance has been added as amending division 4 to read as herein set out. Formerly, such division pertained to discharge of industrial waste and derived from Ord. No. 265C, §§ 2-29, 1-28-1986. This Ordinance shall be in full force and effect immediately after its passage, approval and publication, as provided by law. All prior ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed PAS ED AND APPROVED by the City Council of the City of Nederland, Texas, this `day of , 2015. R. A. NUGEN ayor City of Neder nd, Texas ATTEST: hw-� GAY FERU it erl� City of Ne erland, Texas APPROVED AS TO FORM AND LEGALITY: JES B NIk�, City Attorney Ci of N derland, Texas 29 REGULAR MEET=NC' OF THE C=TY COU NV C=L. OF THE C =TY O F N E V E FR L A N K::3. 4=30 p_�_ May ZOO 2015 1_ MEET=NG Tl�e meed ng was called to order at 4.30 p_m_ by Md Ci -I -- 4=D- 9-vm O9-vmce Bu 11 c11r g ZO N_ -A- :IE K -.M =N VO CAM- T=ON ANS PL.E ff�-CGE OF AIL- IL--EG=AM, NCE Tl-�a invocation and pledge ot- allergia r--�ce were ted by Gay 1=e rg user, City CIerK_ 3_ CONSENT OG EN r7A t agenda items listed are cor�sldered to ba routir--�er by tl-�e City Council and will be eructed by one motlor�_ Tl-�errer w111 be r�o ze pa ra ter dizcu ssior� of tl-verse items ur�lass a cour�cilmem ber so req uersts� in wF--�icl--� event tl-�er item will be removed from tl-�er Cor�ser�t Agenda and cor-�sidarad Ser pa ra terly_ A motion was made by Mayor F— a ln to approve t1—e Conner nt Agenda I -ems 3 a—e as presented _ MOT=ON CARR=E M=3-_ Ayes = Mayor Nugent , Cou n c i l m er m b e r s A u s t i n Neat A l b a n e s e and B a l a i re _ a_ M 1 r� u to s May 1 1 2 0 1 5 rer p u l a r m e et i n g b_ April 2015 Iffier pa rtmeratal Reports c_ Tax Assessor Collerctior� Report April ZO15 d_ Cor�siderr action naffing a Public Hera ring date of _Ju ria 8, Z01S at 4.30 p_m_ to cor--�sidar action on the damolitior� of a firer damaged l lg property 408 B_ Z3�d Btraat� bair�g B SO' of Lots 1 Uc Z, Block 1 of H111cra st 1sr Addition e _ Paymar�ts - Carroll Uc Blackmar�� =roc_ — $1�665_00� PI -user == MB4 Permit =m plemerr�tatior� :EE3 er s BcF�aumburg 8� Polk, I500_00Bout1L: Towerr R e 1-� a b 1 1 i t a t i o n p roj a c t Bcl�aumburg Sc PoI K� =nc_ $1�Oy9_4=b4:::>� Bout1-� 1Z�^ Btrerert Water rllna R er t o c a t i o n p roj a c t Bcl�aumburg S� Pot K, I80_S4c:),� 2015 t Rerl-�a billtatior� project Bcl�au mburg Sc Polk, Inc_ — $1Z�446_S4=>� Nerdarla rid Avenue Study 4. Ft EC'U)EAR ADEN UA a_ A motion was mailer by Cou �cil mem ber— Neral armed ser co rid ad by Mayor Pro Tam Albar�ersa tfi — is l report from ti-ia Nerderrla rid CF�ambar of Com merrcer_ MOT=ON CARR=EO_ Ayes= Mayor Nugent, Cour�cilmam bars Austin, Neat, Albar�erserand Belaira_ Noes = None _ Minutes Continued, May 20, 2015 b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2015-09, amending the fiscal year 2014-2015 budget. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the submittal of a 2015 Port Security Grant application. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. 2015 City Elections: L A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve Resolution No. 2015-06, canvassing and declaring the results of the general election held on May 9, 2015 for the purpose of electing Nederland City Councilmembers for Ward I and Ward III. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. ii. Gay Ferguson, City Clerk, administered the Oath of Office to Talmadge C. Austin, Councilmember Ward I; and Don Albanese, Councilmember Ward III. iii. A motion was made by Councilmember Neal and seconded by Councilmember Austin to keep Mayor Pro Tem Albanese as Mayor Pro Tempore in accordance with Section 3.06 of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iv. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Resolution No. 2015-07, declaring the results for and against the proposition included on the May 9, 2015 election. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. V. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to approve Resolution 2015-08, canvassing and declaring the results of the special election held on May 9, 2015 for the purpose of amending the City Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Note: The Resolution numbers, 2015-07 & 2015-08, on the agenda page were inadvertently switched. The actual resolutions and minutes reflect the correct numbers. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:53 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Discuss Personnel - Municipal Judge. Minutes Continued, May 20, 2015 6. RECONVENE The regular meeting was reconvened at 5:28 p.m. by Mayor Nugent. He announced 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 gave a brief construction report: • City Hall parking lot has been completed. • Waterline project has been bored from Avenue B to the ditch. • GLO sewerline project has been completed. The contractor is patching streets and doing cleanup. • Discussions are on-going for the remodeling of 1903 Atlanta. • Service Center project will be discussed during the budget workshop scheduled for July 7th. b. City offices will be closed Monday, May 26th in observance of Memorial Day 8. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:36 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 9 dj Q( R. A. Nugent, yor City of Nederland, Texas ANFer "v Gn, City ClerCierland, Texas 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 V Don Albanese Council Member —Ward III Craig Belaire Council Member— Ward IV Chris Duque City Manager Gay Ferguson City Clerk v Jesse Branick City Attorney V000� ' Cheryl Dowden Director of Finance Darrell Bush Police Chief V Gary Collins Fire Chief / Steve Hamilton Director of Public Works V George Wheeler Building Official V Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary V/ Angela Fanette Parks Director R. A. Nugent, M or Gay Fergu n, City Cle May 20, 2015 Date ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Allison Nathan Getz, the Tax Assessor -Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor -Collector for CITY OF NEDERLAND, affirm, under oath, that this amount $65,390.64, represents all taxes collected for CITY OF NEDERLAND during the month of April 2015. "Ika�uak Ak: Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 9FAX: (409)835-8589 RESOLUTION 2015-06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CANVASSING THE ELECTION RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON SATURDAY, MAY 9, 2015, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FOR WARD I AND WARD III. WHEREAS, the City Council of the City of Nederland, Texas, adopted a Resolution calling an election to be held on May 9, 2015 for the purpose of electing members to serve on the City Council of the City of Nederland, Texas, for Ward I and Ward III; and WHEREAS, the Councilmembers for Ward I and Ward III are to be elected for a term of two (2) years; and WHEREAS, said election was duly held at the time and at the places specified in the Resolution after due notice as required by law had been given: 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, 2015, for the municipal election scheduled for May 9, 2015, was duly called and notice was given in accordance with the law and in accordance with the Resolution calling for said election. THAT the election was held in accordance with applicable state statutes and ordinances of the City of Nederland, Texas, and the following votes were cast: Councilmember Ward I Election Early Day Voting Voting Total Jeff Ortiz 97 49 146 Talmadge C. Austin 256 160 416 Councilmember Ward III Election Early Day Voting Voting Total Don Albanese 280 181 461 PASSED, APPROVED AND ADOPTED this 20th day of May, 2015. r' RJ.A. Nugent, or City of Nederland, Texas ATTEST: G4 Ferguson Ci y Clerk tl City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse ranic ?ityAttorney City f Nede la CITY OF NEDERLAND RESOLUTION NO. 2015-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, CANVASSING THE RESULTS OF A SPECIAL ELECTION HELD MAY 91 2015, FOR THE PURPOSE OF AMENDING TO THE CITY CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council of the City of Nederland, Texas ordered a special election to be held on Saturday, May 9, 2015; and, WHEREAS, Jefferson County who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to the City Council. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the City Council officially finds and determines that the following votes were cast at said election for Charter Amendments 1-5: Charter Amendment 1 Election Early Day Voting Voting Total In Favor 243 150 393 Against 75 35 110 Charter Amendment 2 Election Early Day Voting Voting Total In Favor 219 144 363 Against 86 36 122 Charter Amendment 3 Election Early Day Voting Voting Total In Favor 263 158 421 Against 42 21 63 Charter Amendment 4 Election Early Day Voting Voting Total In Favor 277 170 447 Against 28 12 40 Charter Amendment 5 Election Early Day Voting Voting Total In Favor 293 180 473 __!�gainst 22 5 27 PROPOSED AMENDMENT NO. 1 That Section 1.04 of Article I of the City Charter shall be amended so that such section shall read as follows: "The City Council shall have the authority and power to, by ordinance, fix the boundary limits of the City of Nederland, and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the inhabitants of the territory annexed. a) The boundaries and limits of the City of Nederland, as now or hereafter existing, may be extended so as to include within the corporate limits of said city, any territory or several areas adjoining such limits as then existing, whenever a majority of the inhabitants within such territory, area or areas, qualified to vote for members of the State Legislature, shall petition the City Council, in writing, to become a part of said City and attach to said petition the affidavit of one (1) or more of their number to the effect that said petition is signed by a majority of such qualified voters; and thereupon the City Council, at any regular session held not sooner than ninety (90) days after the presentation of such petition, may, by ordinance, annex such territory, area or several areas to the City of Nederland, and thenceforth the said territory, area or several areas so annexed shall be a part of the City of Nederland, and the inhabitants thereof shall be entitled to all rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the said City made in conformity thereto and passed in pursuance of this Charter, or any amendment thereof. b) The City Council shall have the authority and power to, by ordinance, fix the boundary limits of the City of Nederland, and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the inhabitants of the territory annexed: Provided, that upon the introduction of any such ordinance and before final passage thereof, there shall have been given the notice thereof and the hearing thereon provided in the next succeeding section hereof. When said ordinance is finally passed, the said territory so annexed shall be a part of the City of Nederland and the inhabitants shall be bound by the acts, ordinances, resolutions and regulations of said City made in conformity thereto and passed in pursuance of the Charter, or any amendment thereof. Before enacting the ordinance provided and referred to in either of the preceding sections numbered a and _b, the City Council shall hold a public hearing after notice thereof given by publication in one (1) issue of some newspaper of general circulation within the City of Nederland, Texas, at least ten (10) days prior to the date set for such hearing, setting forth therein the territory, area, or several areas proposed to be brought within the City limits (at which hearing the inhabitants of such territory, area or areas, and the owners of property within the same, may in person or by counsel offer evidence and present their views in favor of or against such inclusion, in addition to the presentation of evidence for or against the same on the part of the then existing City of Nederland, the inhabitants and taxpayers thereof) and upon such hearing shall find from the evidence submitted that the inclusion of such territory, area, areas, or some portion thereof, to be described in the findings of the Council, is adjacent to the City limits and that the inclusion thereof within said limits would be a benefit to the owners of the property therein, and that the inclusion of such territory or portions thereof would likewise be a benefit to the then existing City of Nederland. The findings made by the City Council, after such notice and hearing shall be final and conclusive as to the facts so found and shall be a sufficient and legal basis for the enactment of the ordinances above provided for. In the event State law requires a home rule city to follow a different procedure for notice and hearing prior to annexation than that prescribed in this section, the State law shall control." PROPOSED AMENDMENT NO. 2 That Section 2.04(b) of Article II of the City Charter shall be amended so that such section shall read as follows: "The judge or judges of said court shall be appointed by the City Council, shall hold his office at the pleasure of the City Council, and shall receive such salary as may be fixed by the City Council. The City Clerk or an assistant City Clerk shall be an ex officio clerk of said court." PROPOSED AMENDMENT NO. 3 That Section 3.01 of Article III of the City Charter shall be amended so that such section shall read as follows: "The legislative and governing body of the City of Nederland, Texas shall be known as "The City Council of the City of Nederland, Texas." Said City Council shall be composed of the Mayor and four (4) Councilmembers; the members of the City Council, excluding the Mayor, shall be numbered as to wards one (1) through four (4). The term of office for all members of the City Council shall be three (3) years and until the successor to the office is elected and qualified. The Mayor and Councilmembers shall be elected by staggered terms. At the regular City election in 2015, the ward one (1) and ward three (3) Councilmembers shall run for two-year terms; the Mayor and ward two (2) and four (4) Councilmembers shall run for three-year terms at the regular City election in 2016; at the regular City election in 2017, the ward one and ward three Councilmembers shall run for three-year terms; in 2018, no member of the City Council would be up for election. If any Councilmember files an application to be a candidate for Mayor such filing shall constitute a forfeiture of the currently held office in accordance with the constitution and laws of the State of Texas." PROPOSED AMENDMENT NO. 4 That section 3.02 of Article III of the City Charter be amended so that such section shall read as follows: "'The Mayor and each of the Councilmembers shall be a citizen of the United States of America and a qualified voter of the State of Texas; shall have resided for at least one year preceding the next election within the corporate limits of the City of Nederland. The Mayor and each of the Councilmembers shall not be indebted to the City at the time he takes office nor during their term of office. A member of the Council ceasing to possess any of these qualifications, or convicted of a felony while in office or who shall be absent from three consecutive regularly scheduled Council meetings without a valid excuse, shall immediately forfeit his office; and the City Council at its next regular meeting shall declare a vacancy to exist and shall fill said vacancy as set forth in Section 3.07 of this charter." PROPOSED AMENDMENT NO. 5 That Section 4.01(u) of Article IV of the City Charter be added so that such section shall read as follows: "Approve the sale of items that the City Council has declared surplus at the best value to the City of Nederland". CHARTER PROPOSITION NO. 1 Shall Section 1.04 of Article I of the City Charter be amended to further define the Extension of City Boundaries? CHARTER PROPOSITION NO. 2 Shall Section 2.04(b) of Article II of the City Charter be amended to delete language that specified the judge `shall not be an elected official"? CHARTER PROPOSITION NO. 3 Shall Section 3.02 of Article III of the City Charter be amended to extend Councilmembers' terms to 3 years, and set an election schedule to stagger election? CHARTER PROPOSITION NO. 4 Shall Section 3.02 of Article III of the City Charter be amended to stipulate the Mayor and each Councilmember shall not be indebted to the City at the time he takes office nor during their term of office? CHARTER PROPOSITION NO. 5 Shall Section 4.01 (u) of Article IV of the City Charter be added for surplus items to be sold for best value to the City of Nederland? PASSED, APPROVED AND ADOPTED by the City Council of the City of Nederland this 20th day of Mav 12015. R. A. Nugent, Ma o City of Nederland, exas ATTEST: M m, rllg V\-� r Gay Ferg son, City CI k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess Brani ity Attorney Cit of Ne Hand, Texas CITY OF NEDERLAND RESOLUTION NO. 2015-08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS CANVASSING THE ELECTION RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON SATURDAY, MAY 91 2015, FOR THE PURPOSE OF RE- AUTHORIZING THE STREETS MAINTENANCE SALES TAX WHEREAS, the City Council of the City of Nederland, Texas (the "City") duly authorized an election to be held within the City on May 9, 2015, 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." Early Voting Election Day Voting Total In Favor 307 177 484 _,�gainst 38 23 61 and that the Proposition was approved by 423 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 20th day of May, 2015. R. A. "ugentoo---� City of Nederland, Texas ATTEST: .. M I A- r�-t M a ay Ferg on, City CI k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jess4ranic , CAy Attorney CityHand, Texas ORDINANCE NO. 2015-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING THE FISCAL YEAR 2014- 2015 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS, the City Council previously approved Ordinance No. 2014-16, which adopted the Fiscal Year 2014-2015 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 2014-2015 City budget states "That any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2014 and ending September 30, 2015, 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 2014-2015 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 20th DAY OF MAY, 2015. ATTEST: APPROVED AS TO FORM AND LEGALITY: Jes Brani k, Wty Attorney R. A. Nugt, y o r City of Nederl nd, Texas CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2014-2015 DATE: May 20, 2015 DEPARTMENT: Various FUND: Parks Special Fund (25) 25-5104-6393 General (01) ACCOUNT NO. ACCOUNT TITLE 25-0000-4495 Donations -4th of July 25-5104-6220 Miscellaneous Supplies 25-5104-6337 Advertising/Publications 25-5104-6393 Contractual Services 25-5104-6902 Transfer to General Fund 01-0000-4910 Transfer In 1 Allocate funds for the 4th of July event AMOUNT CURRENT INCREASE PROPOSED BUDGET (DECREASE) BUDGET - 371600 371600 - 41900 41900 - 51700 - 211400 211400 - 51600 51600 5521000 51600 557,600 TOTAL 5521000 � 801800 JUSTIFICATION Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: Page of 627,100 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 8, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 council member so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — May 20, 2015 regular meeting b. Consider action approving a request from Kristin Lemoine to utilize the Nederland Recreation Center gymnasium for a summer volleyball camp. c. Payments: • Allco, Inc. - $52,434.46, Hurricane Ike Round 2.2 Wastewater Collection project • Bruce's General Construction - $17,100.00, 2015 Concrete Street Rehabilitation project • Action Civil Engineers - $9,000.00, Nederland Avenue Study 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: i. 408 S. 23rd Street being S 50' of Lot 1 & 2, Block 1 of Hillcrest 1St Addition - Chris Duque, City Manager, reported the Building Official, George Wheeler, recommends the owner of the vacant structure at 408 S. 23rd Street be ordered to demolish the structure within 45 days or within the same 45 days the property owners or any lien or mortgage holder must submit a copy of the written appeal to the appropriate Court of Record. Minutes Continued, June 8, 2015 There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:35 P.M. by Mayor Nugent. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to give the owner 45 days to demolish the structure or within the same 45 days the property owner or any lien or mortgage holder must submit a copy of the written appeal to the appropriate Court or Record. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize the acceptance of a 2015 grant from the Foundation of Southeast Texas in the amount of $2,500 which will be utilized for the "Every Child Ready to Read" project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to appoint Brian Gentile to the Nederland Parks Advisory Board with term ending January 31, 2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an agreement with Interface EAP for the employee assistance program benefit afforded to City employees. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Change Order No. 1 in the amount of $21,960 to extend a fire water line from S. 12th Street to Twin City Highway on the S. 12th Street waterline relocation project. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to award the bid for Nederland Veterans' Park to L & L General Contractors in the amount of $124,000.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a request from Sunoco Partners Marketing & Terminals, L.P. for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, June 8, 2015 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 551.074, Discuss Personnel - Municipal Judge. 6. RECONVENE The regular meeting was reconvened at 7:51 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous - Chamber of Commerce is having their monthly coffee in the morning and LD Construction has started their mobilization. S. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Council member Austin to adjourn the meeting at 7:51 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ry'v R. A. Nugent, ayor City of Nederland, Texas ATTEST: PGy Fergus , City Clerk City of Nederland, Texas 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 Craig Belaire Council Member—Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance W-(( �Gl Police Chief -DWU I I ff Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A. Nugent, yor Ga ergs t Ajtfe k1 0� June 8, 2015 Date PRESENT t. IV r a - V ABSENT THE CITY COUNCIL OF THE NEDERLAND June 22, 2015 The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — June 8, 2015 regular meeting b. Consider action approving a request from Kristin Lemoine to utilize the Nederland Recreation Center gymnasium for a summer volleyball camp. c. Payments: • Allco, Inc. - $52,434.46, Hurricane Ike Round 2.2 Wastewater Collection project Bruce's General Construction - $17,100.00, 2015 Concrete Street Rehabilitation project • Action Civil Engineers - $9,000.00, Nederland Avenue Study 4. REGULAR AGENDA a. The Mayor read and presented a Proclamation to Father Dan Malain from St. Charles Church. In honor of Father Dan's retirement, June 22, 2015 was designated as Father Dan Malain Day in Nederland. Father Dan was also presented with a "key" to the City of Nederland. Mayor Nugent thanked him for his 20 years of leadership and guidance. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a proclamation in honor of Father Dan Malain Day. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Recognition of Retiree: Thomas Randall "Randy" Stelly. Minutes Continued, June 22, 2015 c. Appointments: L A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to appoint Jerry McNeill to the Civil Service Commission with term ending June 30, 2018. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to appoint Steve Gentile, Ron Minaldi, Boyd Meier and Danny Delahoussaye to the Construction Board of Appeals with terms ending June 30, 2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept a donation from Sandra Wilson for a dog waste station at Doornbos Park. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve Ordinance 2015-10, suspending the effective date proposed by Entergy Texas, Inc. in connection with their rate increase application filed on June 12, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to authorize the solicitation of bids for the 2015 Supervisory Control & Data Acquisition (SCADA) Improvement project. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve payment to the Jefferson County Treasurer for the 2015 Joint Election in the amount of $14,104.81. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to authorize the expenditure of funds to repair the Nederland Fire Department's reserve pumper (E-13) in the amount of $30,135.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. L A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve final payment and release of retainage, in the amount of $21,700.00, to Bruce's General Construction on the Homer E. Nagal Public Safety Complex project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, June 22, 2015 j. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve an amendment to the Interlocal Agreement for the South East Texas Regional Radio System. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. k. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to approve an Interlocal Agreement for a Regional GIS Web Server System between the cities of Nederland, Port Neches, Groves, and Jefferson County Drainage District No. 7. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. I. A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to appoint J.R. Edwards & Associates, LLC to perform the City's audit for Fiscal Year 2014-2015 in the amount of $35,300.00 which includes single -audit requirements. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. m. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a request from Sunoco Partners Marketing & Terminals L.P. for an ad valorem tax abatement. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. S. 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 Appointments: City Clerk, Director of Finance, Police Chief, City Attorney, and City Judges; and Chapter 551.071, Consultation with City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:55 p.m. by Mayor Nugent. 7. APPOINTMENTS A motion was made by Councilmember Belaire and seconded by Mayor Pro Tem Albanese to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden, Director of Finance; Darrell Bush, Police Chief; Jesse Branick, City Attorney; and Larry Dowden & Brad Burnett, City Judges. The City Judges' compensation will be $900.00 each per month. All appointments are for one year with the exception of the City Judges which will be 2 -year appointments in accordance with the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, .lune 22, 2015 8. COMMUNICATION City Manager's Report: a. Concrete Project Update: Steve Hamilton gave a brief construction update. • Concrete work has begun on the major streets (27th Street, Avenue H) • Waterline on S. 12th Street passed testing and contractor is hooking up services • SCADA project will hold a pre-bid conference Tuesday, June 23rd b. July 3rd City offices will be closed in observance of Independence Day holiday c. July 4th Fireworks Extravaganza at Doorn bos Park 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Belaire to adjourn the meeting at 6:02 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugen,rd. City of Nederlaxas A EST: ay Fergus' ity Clerk City of Nederland, Texas NAME R. A. Nugent Talmadge Austin Billy Neal Don Albanese Craig Belaire Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Holly Guidry Joni Underwood Angela Fanette r R. . Nugent, G y Fergus, June 22, 2015 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 Parks Director PRESENT ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON SUSIE JAMES CHIEF DEPUTY I, Allison Nathan Getz, the Tax Assessor -Collector of Jefferson County, Texas and also, by contract or statute, the Tax Assessor -Collector for CITY OF NEDER.LAND, affirm, under oath, that this amount $109,021.85, represents all taxes collected for CITY OF NEDERLAND during the month of May 2015. Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 - BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516,o FAX: (409)835-8589 ORDINANCE NO. 2015-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ("CITY") AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE JULY 17, 2015, 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", FILED ON JUNE 12, 2015; 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 June 12, 2015, Entergy Texas, Inc. ("Entergy") filed a 3tement of Intent with the City to increase electric rates and implement tariff riders and rcharges in the Entergy Service Area; and WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and rvices of an electric utility in areas in the municipality pursuant to the Public Utility gulatory Act §33.001(a); and WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory thority to make a reasonable determination of rate base, expenses, investment and Le of return and retain the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking oceedings shall be reimbursed by the electric utility under Public Utility Regulatory Act V 33.023; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed base rate and riders, it is necessary to suspend the effective date for implementing the proposed rates until at least October 15, 2015, in order to allow the City's rate experts sufficient time to determine the merits of Entergy's proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating Entergy's $75.3 million base rate increase request and Entergy's proposed surcharges and riders, 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 Entergy 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. The statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The effective date of Entergy's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until October 15, 2015, 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 Entergy's proposed rate increase before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. Section S. The Steering Committee shall review the invoices of the lawyers and rate experts for reasonableness. Section 6. The City's legal representatives shall have the right to obtain additional information from Entergy through the service of requests for information. Section 7. Entergy shall reimburse the City, for the reasonable costs of attorney and consultant 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 22ND day of JUNE, 2015. ATTEST: -Alt.- ��-- ,� ay Fergu n, City Clerk 2 MgA.A. "Dick" Nugent THE LAWY1 % ON LAW FIRM, P.C. >>(;(x) Hill Country Blvd., Suite R-4275 * Austin, Texas 787S8 * 51 -2/S-2-2-00144) • Fax: 855/198-7978 Via E -Mail Mr. Richard Ferguson City Attorney — City of Anahuac _ City Attorney — City of Sour Lake 13201 Northwest Freeway, Suite 300 Houston, Texas 77040 Mr. Kyle Hayes City Manager -- City of Beaumont P.Q. Box 3827 Beaumont, Texas 77704 Ms. Kelly McDonald City Manager — City of Cleveland 907 E. Houston Cleveland, Texas 77327 Ms. Angela Smith City Secretary — City of Cleveland 907 E. Houston Cleveland, Texas 77327 Mr. Felix Skarpa Mayor -- City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. James Black City Attorney -- City of Groves 3535 Calder Avenue, Suite 300 Beaumont, TX 77706 June 16, 2015 Mr. Tyrone Cooper ____City Attorney — City of Beaumont P.Q. Box 3 827 Beaumont, Texas 77704 Mr. Paul Fukuda City Attorney — Bridge City 260 R.achal Post Office Box 846 Bridge City, Texas 77611 Mr. David Olson City Attorney — City of Cleveland wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Mr. Mark winherry City Attorney -- City of Conroe P.O. Box 3066 Conroe, Texas 77305 Mr. David Douglas City Manager — City of Dayton 117 Cook Street Dayton, Texas 77535 Mr. D. E. Sosa City Manager — City of Groves P.O. Box 3286 Port Arthur, Texas 77643 1 Ms. Tina Paez City of Houston Administration & Regulatory Affairs Department (ARA) 611 Walker, 10th Floor Houston, Texas 77002 Mr. Leonard Schneider City Attorney — City of Huntsville City Attorney — City of Splendora Liles Parker, PLLC 800 Rockmead Dr., Ste 165 3 Kingwood Place Kingwood, TX 77339 Mr. Gary Broz City Manager — City of Liberty 1829 Sam Houston Liberty, Texas 77575 Mr. Cary Bovey Law Office of Cary L. Bovey, PLLC 2251 Double Creek Dr., Suite 204 Round Rock, Texas 78664 Mr. Jesse Branick City Attorney — City of Nederland 221 Hwy. 69 South, Suite 100 (office) Nederland, Texas 77627 Ms. Vicky Rudy City Manager —City of Oak Ridge North Oak Ridge North 27424 Robinson Road Oak Ridge North, Texas 77385 Mr. Shawn Oubre City Manager — City of Orange 803 W. Green Avenue, Room 201 Orange, Texas 77630 Ms. Yushan Chang City of Houston Legal Department P.O. Box 3681 Houston, Texas 77001-0368 City Hall Annex, 4th Floor 900 Bagby Houston, Texas 77001-0368 Mr. Matt Benoit City Manager— City of Huntsville 1212 Ave. M Huntsville, Texas 77340 Mr. Larry L. Foerster City Attorney — City of Montgomery Darden, Fowler and Creighton, LLP 414 West Phillips, Suite 100 Conroe, Texas 77301 Mr. Brad Stafford City Manager —City of Navasota 202 E. Washington Navasota, Texas 77868 Mr. Christopher Duque City Manager — City of Nederland P.O. Box 967 Nederland, Texas 77627 Ms. Heather Neeley City Secretary —City of Oak Ridge North 27424 Robinson Road Oak Ridge North, Texas 77385 Mr. Rodney Price City Attorney -- City of Pine Forest City Attorney — City of Rose City P.O. Box 310 Vidor, Texas 77670 0 Mr. Tommy Gunn City Attorney —City of Pinehurst 202 S. Border Orange, Texas 77630 Ms. Val Tizeno City Attorney — City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Pete Steele City Attorney — City of Port Neches 3120 Central Mall Drive Port Arthur, Texas 77642 Mr. Greg Smith City Manager —City of Shenandoah 29955 IH -45 N. Shenandoah, Texas 77381 Mr. Tommy Bartosh City Manager -- City of Silsbee 105 South 3rd Street Silsbee, Texas 77656 Mayor Dorothy Welch City Attorney Leonard Schneider City of Splendore P.O. Box 1487 Splendore, Texas 77372 Mr. Guy N. Goodson City Attorney — City of Vidor P.O. Box 4915 Beaumont, Texas 777044915 Mr. Joe Alford City Attorney — City of West Orange 105 Market Orange, Texas 77630 Mr. Robbie Hood City Administrator —City of Pinehurst 2497 Martin Luther King Jr. Drive Orange, Texas 77630 Mr. Brian McDougal City Manager — City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77640 Mr. Andre Winner City Manager -- City of Port Neches 634 Avenue C Port Neches, Texas 77651 Mr. Harry Wright City Attorney — City of Silsbee PO Box 186 Port Neches, Texas 77651 Mr. Larry Saurage City Manager — City of Sour Lake 655 W. Barkley St. Sour Lake, Texas 77659 Michael Kunst City Manager - City of Vidor 1395 N. Main St. Vidor, Texas 77662-3726 Mayor Roy McDonald Mayor — City of West Orange 2700 Western Avenue West Orange, TX 77630 Michael S. Stelly City of West Orange, Texas 2700 Austin Avenue 'direst Orange, TX. 77630 91 Re: Entergy Texas, Inc.'s Base Rate Case and Notice of Upcoming Meeting of the Steering Committee of Cities Dear Cities: On June 12, 2015, Entergy Texas, Inc. ("Entergy" or "Company") filed its statement of intent to change rates with the Texas Public Utility Commission ("PUC") and each of your Cities. The Company requests the following: • An overall base rate and rider increase of $75.3 million annually, representing a 9.12% increase in total base rate and rider revenues. • A $35.3 million annual increase in revenues from residential customers, representing an 8.20% increase in base rate and rider revenues. If approved, Entergy's base rate increase request would result in a monthly increase of $6.81 for an average residential customer using 1000 kWh per month. • Significant rate increases to its street lighting tariffs. The overall requested revenue increase for the lighting service class is $2.9 million, which is a 22.44% increase over current rates. • Inclusion of capital investment, operating expenses, and taxes related to the Company's proposed acquisition of the Union Power Station in El Dorado, Arkansas. This portion of the application alone represents $56.1 million of the total proposed revenue increase. Unlike in previous base rate filings, Entergy did not include a request for fuel reconciliation with its application. The PUC recently amended its rules to require utilities to file their fuel reconciliation cases separately from base rate cases, except under special circumstances. The Company advises that it will file a separate application for fuel reconciliation at an undisclosed future date. Our ongoing analyses of ETI's fuel recoveries indicate that there are no substantial over or under recoveries at this time. A meeting of the Steering Committee of Cities will be held to discuss the issues presented in Entergy Texas, Inc.'s base rate case on file with the Cities. The meeting is scheduled for June 25, 2015, from 1:30 to 3:30 p.m. at Beaumont City Hall, 801 Main Street, Beaumont Texas. For those who wish to participate, but cannot attend in person, there will be a conference line available. The dial -in number and access code for the conference line are as follows: Telephone Number: 1 (855) 210-6576 (Toll Free) Conference Code: 95298 (followed by #) PIN Access: 95298 (followed by #) Entergy has proposed that the base rate increase become effective on July 17, 2015. As such, the City must take action to approve, deny, modify, or suspend the rate increase request by the July 17, 2015 proposed effective date. We recommend that the Cities suspend 4 the effective date of the proposed rate increase to permit time to review Entergy's request and make an informed recommendation to the Cities. We are providing a proposed ordinance that would suspend the Entergy proposed July 17, 2015 rate effective date until October 15, 2015. Pursuant to Public Utility Regulatory Act, Tex. Util. Code § 36.108, municipal regulatory authorities may suspend the rate change proposed by a utility up to 90 days from the effective date. Once again, this proposed ordinance must be passed by July 17, 2015. The proposed ordinance also authorizes the City to join with the Steering Committee of Cities to retain legal counsel and rate consultants, participate in the base rate proceeding before the Public Utility Commission and any courts, and to seek reimbursement for rate case expenses from Entergy. Cities' continued involvement in Entergy's rate cases has been instrumental in maintaining just and reasonable rates for customers within the Cities and we expect that Entergy's currently proposed rate case will be no different. we look forward to discussing this case more with you in the future. If there are any questions or concerns, please do not hesitate to call. Sincerely, Daniel J. Lawton 5 WORKSHOP OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 8:15 a.m. 1. 3. MEETING July 7, 2015 The workshop was called to order at 8:27 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 2015-2016 budget for that department. The schedule was as follows: Library Police Department Fire Department Inspection Department IT Department Parks Department Human Resources Public Works Finance/Utility Billing City Manager/Other Funds 8.28 a.m. to 8.36 a.m. 8:45 a.m. to 9:00 a.m. 9:01 a.m. to 9:37 a.m. 9:45 a.m. to 10:08 a.m. 10:15 a.m. to 10:24 a.m. 10:25 a.m. to 10:55 a.m. 10:55 a.m. to 11:20 a.m. 11:45 a.m. to 12:30 p.m. 1:30 p.m. to 1:36 p.m. 1:36 p.m. to 4:15 p.m. A discussion was held after each department presentation. ADJOURN There being no further discussion the Workshop was adjourned at 4:15 p.m. by Mayor R. A. Nugent. R. A. Nugent, May r City of Nederland, xas ATTEST: Joni 0r�derwood, Deputy City Clerk City df Nederland, Texas R. A. Nugent Talmadge Austin Billy Neal Don Albanese Craig Belaire Chris Duque Gay Ferguson Jesse Branick Cheryl Dowden Darrell Bush Gary Collins Steve Hamilton George Wheeler Victoria Klehn Holly Guidry Joni Underwood Angela Fanette R. A. Nugent, Mayor Gay Ferguson, City Clerk Date CITY OF NEDERLAND OUNCIL 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 Parks Director PRESENT �r r ABSENT 4:30 p.m. 1. MEETING REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 13, 2015 The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — June 22, 2015 regular meeting b. Payments: Action Civil Engineers - $8,000.00, Nederland Avenue Study 4. REGULAR AGENDA a. Chris Duque, City Manager, reported the Mid/South Jefferson County Relay for Life requests the closure of Boston Avenue between 15th and 17th Streets, as well as the alley that runs parallel to Boston Avenue. They also are requesting use of Tex Ritter Park and city garbage service. The Relay for Life organizers want to relocate the event from Bulldog Stadium to Boston Avenue. The event would be held on Saturday, April 23, 2016. The streets would be closed on that day from 6:00 a.m. to 2 a.m. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a request from Relay for Life of Mid/South Jefferson County relating to the closure of' various city streets and the use of Tex Ritter Park for the 2016 Relay for Life event. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. Chris Duque, City Manager, informed city council his office was contacted by Renee O'Conner with a concern about the parking issues near her property in the 1100 block of Gary Avenue. Vehicles park along North 12th Street and Gary Avenue because of Langham Elementary. Mr. Duque went on to say the Assistant Police Minutes Continued, July 13, 2015 Chief spoke with Ms. O'Conner and agreed that the parking situation would make it difficult for an ambulance or fire truck to drive down the street in the event of an emergency. Ms. O'Conner has not taken any action to gather a petition or support among her neighbors. Ms. O'Conner was not in attendance and no action was taken. c. A motion was made by Councilmember Belaire and seconded by Councilmember Neal to approve Resolution No. 2015-09, ratifying the action of the Nederland Economic Development Corporation related to the incentive offered to the Riceland Emergency Center. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. A motion was made by Councilmember Neal and seconded by Councilmember Austin to award bid for the Supervisory Control & Data Acquisition (SCADA) Improvements project 2015 to TraC-n-trol, Inc. in the amount of $408,425.00. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the City of Nederland's participation in the Regional and County Mitigation Action Plan. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to engage the RWL Group for consultant services relating to the bid for windstorm insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to authorize the solicitation for proposals for windstorm insurance. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. h. Receive the 2014 Community Survey report. Chris Duque, City Manager, reviewed the executive summary and discussed the highlights of the community survey report. There was a 13.7% response rate. Nearly three-fourths of residents felt the quality of life in Nederland was excellent or good. • 65% of residents surveyed felt Nederland was an excellent or good place to do business. This number was higher than what was received on the last survey. • Residents felt the biggest problems in the City were taxes, drugs, and infrastructure. These were unchanged from last survey. Minutes Continued, July 13, 2015 Residents listed priorities of service as police, fire and maintenance of infrastructure. A large amount of people who reported they do not know or have not met elected officials. This is a concern from last survey which we will continue to work on. Mr. Duque thanked Joni Underwood and Lamar University for the work they did on this project. He said it is a good report card the City gives to itself. COMMUNICATION City Manager's Report: a. Miscellaneous - Chamber Coffee will be July 14th at 8:00 a.m. at Neches Credit Union. b. Pre -Construction for Veterans' Park was held and the Notice to Proceed issued for work to begin on July 271H. c. LD Construction has indicated the completion date would be met on the asphalt overlay project. d. Angela Fanette, Parks Director, reported the 4th of July Extravaganza was held and was a great success. She thanked the sponsors and volunteers who spent their day at Doornbos Park. e. Chris Duque, City Manager, advised he will be out of town on July 16th - 20th. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Austin to adjourn the meeting at 5:21 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. r' )ep�I x� R. A. Nugent,rnd,. or City of Ned& Texas ATTEST: 124,017 1 Al Gay Ferguso , City Clerk City of Nederland, Texas 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 Craig Belaire Council Member -Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl Dowden Director of Finance } -Ural reil Duoti- t Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. . Nugent, Ma J- q,,- G9y­­Ferg_u_s4 City Clerk July 13, 2015 Date PRESENT V �v V ABSENT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. July 27, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin to approve the Consent Agenda Items 3 a -f as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — July 13, 2015 regular meeting and July 7, 2015 workshop b. June 2015 Departmental Reports c. Texas Assessor Collection Report - June 2015 d. Requests: • Consider action regarding a request from Tommy Olesky to utilize Doornbos Park and the Nederland Recreation Center for a cross country meet and the waiver of associated fees. • Consider action approving a request from Hillcrest Baptist Church to utilize Rienstra Park for Kids Fun Camp. e. Consider action approving Resolution No. 2015-09, ratifying the action of the Nederland Economic Development Corporation Board of Directors related to an incentive offered to Riceland Emergency Center. f. Payments: • Carroll & Blackman, Inc. - $2,122.50, Phase II MS4 Implementation Services • Schaumburg & Polk, Inc. - $21153.45, 2015 South 12th Street Waterline Relocation project • Schaumburg & Polk, Inc. - $758.50, 2015 Asphalt Street Rehabilitation project • Schaumburg & Polk, Inc. - $9,847.80, Nederland Avenue Study • MK Contractors, $47,093.87, 2015 South 12th Street Waterline Relocation project • Bruce's General Construction - $92,860.19, 2015 Concrete Street Rehabilitation project Minutes Continued, July 27, 2015 4. REGULAR AGENDA a. Reports: i. Robert Sangster, Water Treatment Plant Supervisor, reviewed the 2015 Drinking Water Quality Report (Consumer Confidence Report). In accordance with EPA regulations all water suppliers are required to issue the CCR to all its customers on an annual basis. He said this is a standard report and no violations were found. ii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to accept the Quarterly Investment Report from the Finance Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to accept the quarterly Hotel Occupancy Tax Fund Financial Report from the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Councilmember Austin 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 Belaire. Noes: None. c. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve an Interlocal Contract with the South East Texas Regional Planning Commission related to the Planning, Development, Operation and Provision of 9-1-1 service and the use of 9-1-1 funds. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. EXECUTIVE SESSION The regular meeting was recessed at 4:44 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 5:51 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. Minutes Continued, July 27, 2015 7. COMMUNICATION City Manager's Report: a. Construction Project Update: Steve Hamilton gave a brief update of construction projects: • The fire line has been laid for the 12th Street Waterline project. Leveling work began by the high school on 18th Street for the hot mix overlay project. • Concrete street project is progressing. A change order will be submitted for additional work since project is under budget. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:58 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. J R. A. N 4 ent,ed, City of Nederlexas A -T ST / Al Gay F rgu n, City Cler City of Ne HandTexas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET TITLE R. A. Nugent Mayor Talmadge Austin Council Member —Ward I Billy Neal Council Member—Ward II Don Albanese Council Member—Ward III Craig Belaire Council Member— Ward IV Chris Duque City Manager Gay Ferguson City Clerk Jesse Branick City Attorney Cheryl D_owden Director of Finance CA a, 0, H& Police Chief Gary Collins Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director 144, 14. A. Nugen, ayor itI)A J,n-z-� k-01 - Ga ergun July 27, 2015 Date PRESENT ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON TERRY WUENSCHEL CHIEF DEPUTY I, Allison Nathan Getz, 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 $81,007.56, represents all taxes collected for CITY OF NEDERLAND during the month of June 2015. dxla�.'ItA& '41,A Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX ? 112 • BEALTMONT, TEXAS 77704-2112 PHONE: (409)835-8516,o FAX: (409)835-8589 2014 Annual 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 aids or other immune system disorders can be particularly at risk of infections. You should seek advice about drinking water from your physician or health care provider, Additional guidelines are appropriate means to lessen the risk of infection by Cryptosporidium and are available from the Safe Drinking Water Hotline at (800) 426-4791. Public Participation Opportunities Date: July 27, 2015 Time: 4:30 p.m. Location: 207 N. 12th Nederland City Hall Phone Number: 409-723-1503 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 pick up 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 informacion importante sobre el To learn about future public meetings (concerning your agua potable. Si tiene preguntas o comentarios sobre drinkingwater or to request to schedule one, lease call us. dste informe en espaiol, favor de liamar )� q p alte 1, ( , -para hablar con una persona bilingue en espanol. Where do we get our drinking water? The TCEQ completed an assessment of your source water and results indicate that some of your sources are susceptible to certain contaminants. The sampling requirements for your water system are based on this susceptibility and previous sample data. Any detections of these contaminants may be found in this Consumer Confident Report. For more information on source water assessments and protection efforts at our system, contact Robert Sangster 409-723-1540. ALL drinking water may contain contaminants Our drinking water meets federal standards and 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 contaminates and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline at (1-800-426-4751). 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 cause for health concerns. Therefore, these constituents 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, If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. We are responsible for providing high quality drinking water, but we cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. Abbreviations • NTU - Nephelometric Turbidity Units • MFL - million fibers per liter (a measure of asbestos) • pCi L - picocuries 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. 05/29/2013 - TX1230006_2012_2013-05-29_16-15-35.DOC 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 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 Date MCLG Action 90th # Units Violation Likely Source of Violation Likely Source of and Sampled Level Percentile Sites Contamination Contamination Copper (AL) Over y Copper 09/27/2013 1.3 1.3 0.384 0 ppm N Erosion of natural N Erosion of natural deposits; Leaching deposits; Leaching from wood from wood Lead 09/27/2013 0 15 2.55 1 ppb N Corrosion of N Corrosion of household plumbing household plumbing systems; Erosion of systems; Erosion of natural deposits. natural deposits. Nitrate Advisory - Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider. Rhe ulated Contaminants Disinfectants and Collection Highest Level Range of Levels MCLG MCL Units Violation Likely Source of Contamination Disinfection By -Products Date Detected Detected Haloacetic Acids 2014 16 0-37.3 No goal for 60 ppb N By-product of drinking water (HAAS)* the total disinfection. Total Trihalomethanes 2014 13 6.5-22.2 No goal for 80 ppb N By-product of drinking water (TTHM) the total disinfection. Inorganic Contaminants Collection Highest Level Range of Levels MCLG MCL Units Violation Likely Source of Contamination Date Detected Detected Barium 2014 0.0477 0.0477- 2 2 ppm N Discharge of drilling wastes; Discharge from 0.0477 metal refineries; Erosion of natural deposits. Cyanide 2014 100 100-100 200 200 ppb N Discharge from plastic and fertilizer factories; Discharge from steel/metal factories. Nitrate (measured as 2014 0.04 0.04-0.04 10 10 ppm N Runoff from fertilizer use; Leaching Nitrogen] from septic tanks, sewage; Erosion of natural deposits. Nitrite 2013 0.25 0.25-0.25 1 1 ppm N Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits. Radioactive Collection Highest Range of MCLG MCL Units Violation Likely Source of Contamination Contaminants Date Level Levels Detected Detected Combined Radium 01/20/2011 1 1 - 1 0 5 pCi/L N Erosion of natural deposits. 226/228 Turbidity Limit (Treatment Level Violation Likely Source of Contamination Technique) Detected Highest single measurement 1 NTU 0.46 NTU N Soil runoff. Lowest monthly % meeting 0.3 NTU 98.91% N Soil runoff. limit 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 05/29/2013 - TX1230006_2012_2013-05-29_16-15-35.DOC such as nausea, cramps, diarrhea and associated headaches. Maximum Residual Disinfectant Level 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 Type Average Level Min Level Max Level MRDL MRDLG Unit Source Chloramine 3.79 2.4 4.98 4 4 ppm Disinfectant used to control microbes 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 Minimum Maximum Unit of Source of Contaminant Level Level Level Measure 2014 Source Water 8.43 5.44 12.30 ppm Naturally Present in the Environment Coliform Bacteria Fecal coliform/E. coli. Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human 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. 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 0 N Naturally present in sample routine sample and a repeat sample the environment. are total coliform positive, and one is also fecal coliform or E. coli positive Water Loss In the water loss audit submitted to the Texas Water Development Board for the time period of Jan -Dec 2014, our system lost an estimated 137,467,510 gallons of water. If you have any questions about the water loss audit please call Robert Sangster at 409-723-1540. 05/29/2013 - TX1230006 2012 2013-05-29_16-15-35.DOC Investment Report For the Quarter Ending June 30, 2015 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 Invest nt Officers of the City of Nederland 4 Chris uque, City anager Cheryl Do den, Director of Finance "Prograrrlrned for Prow-ess" Investments at Beginning of Period (4-1-15) Purchases Maturities Investments at End of Period (6-30-15) f 0+4 Nederland Account Activity io - All Accounts [ding June 30, 2015 Maturity Summary at June 30, 2015 $ 6103209.77 826.50 0.00 $ 6,033,516.27 ■ Less than 3 months ■ 3 to 9 months 139 to 12 months ■ Greater than 12 months Investment Report Schedule Investments for the Quarter ended June 30, 2015 CERTIFICATES OF DEPOSIT Interest Earned for Certificate Purchase Maturity Days to Interest Quarter ended June Number Date Date be held Rate Face Amount 30, 2015 Held at June 30, 2015 Library Special Fund 5713564135 01/04/2015 01/04/2016 365 0.05% $ 109000.00 $ 1.26 Total Interest Earned on CDs for the quarter ended June 30, 2015 $ 1.26 Total Certificates of Deposit held at June 30, 2015 $ 109000.00 Investment Report Schedule Investments for the Quarter ended June 30, 2015 INVESTMENT POOL - TEXPOOL Average Period Held General Fund 04/01/15 06/30/15 Water & Sewer 04/01/15 06/30/15 Bond Redemption Fund 04/01/15 06/30/15 Library Special 04/01/15 06/30/15 Solid Waste Fund 04/01/15 06/30/15 Police Narcotic Fund 04/01/15 06/30/15 Average Days to Interest Market Interest Maturity Rate Principal Earned Book Value 1 0.0551% $ 493579414.75 598.09 $ 4,358,012.84 1 0.0551% 190069778.61 138.17 1,006,916.78 1 0.0551% 799220.22 10.85 799231.07 1 0.0551% 229332.30 2.87 229335.17 1 0.0551% 510,111.23 70.03 510,181.26 1 0.0551% 479324.89 6.49 479331.38 Totals for TEXPOOL Investments $ 690239182.00 $ 826.50 $ 690249008.50 Investment Report Schedule Investments for the Quarter ended June 30, 2015 INTEREST EARNED ON DEMAND DEPOSITS $ 4,957.12 Average Interest Earned Days to Interest Quarter ended June Period Held Maturity Rate 3092015 Bond Redemption Fund 04/01/15 06/30/15 1 0.0888% $ 52.22 Capital Outlay Fund 04/01/15 06/30/15 1 0.0888% 298.20 Court Technology Fund 04/01/15 06/30/15 1 0.0888% 0.60 Equipment Replacement Funds 04/01/15 06/30/15 1 0.0888% 407.83 Fire Department Special Fund 04/01/15 06/30/15 1 0.0888% 33.31 General Fund 04/01/15 06/30/15 1 0.0888% 2,132.52 Library Special Fund 04/01/15 06/30/15 1 0.0888% 14.83 MCML Dispatch 04/01/15 06/30/15 1 0.0888% 80.66 Motel Occupancy Tax Fund 04/01/15 06/30/15 1 0.0888% 7.73 Parks & Recreation Special Fund 04/01/15 06/30/15 1 0.0888% 99.71 Police Narcotic Fund 04/01/15 06/30/15 1 0.0888% 28.06 Public Safety Construction Fund 04/01/15 06/30/15 1 0.0888% 50.70 Solid Waste Fund 04/01/15 06/30/15 1 0.0888% 327.22 Street Improvement Fund 04/01/15 06/30/15 1 0.0888% 574.10 SSES Fund 04/01/15 06/30/15 1 0.0888% 64.90 Water Plant Construction Fund 04/01/15 06/30/15 1 0.0888% 216.20 Wastewater Construction Fund 04/01/15 06/30/15 1 0.0888% 58.65 W & S Certificate Fund 04/01/15 06/30/15 1 0.0888% 32.45 Water & Sewer Fund 04/01/15 06/30/15 1 0.0888% 477.23 $ 4,957.12 Investment Report Schedule June 30, 2015 Interest Earnings for Quarter Ended June 30, 2015 Bond Redemption Fund $ 63.07 Capital Outlay Fund 298.20 Court Technology Fund 0.60 Equipment Replacement Funds 407.83 Fire Department Special Fund 33.31 General Fund 2,730.61 Library Special Fund 18.96 MCML Dispatch 80.66 Motel Occupancy Tax Fund 7.73 Parks & Recreation Special Fund 99.71 Police Narcotic Account 34.55 Public Safety Construction Fund 50.70 Solid Waste Fund 397.25 Street Improvement Fund 574.10 SSSS Fund 64.90 Water Plant Construction Fund 216.20 Wastewater Construction Fund 58.65 W & S Certificate Fund 32.45 Water & Sewer Fund 615.40 $ 5,784.88 RESOLUTION 2015-09 A RESOLUTION OF THE CITY OF NEDERLAND RATIFYING THE ACTION OF THE NEDERLAND ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, the present and prospective right to gainful employment and general welfare of the people of Nederland require as a public purpose the promotion and development of new and expanded business enterprises; and WHEREAS, the existence, development, and expansion of business, commerce, and industry are essential to the economic growth of Nederland and to the full employments, welfare, and prosperity of its citizens; and WHEREAS, the means and measures authorized by the Texas Legislature and the assistance provided in the one-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 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 Riceland Emergency Center, in an aggregate maximum amount of not more than Fifty Thousand dollars ($50,000.00), 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 13th day of July , 2015 at which meeting a quorum was present and voting. ATTEST: ay Fergu n, City Clerk City of Nederland, Texas APPROVED O FORMAN LEGALITY: Jesse ranic ity Attorney City of Ne rland, Texas R. A. Nugenayor City of Nederland, Texas PASSED AND APPROVED ON THE SECOND READING BY 1 rim CITY COUNCIL OF I hk; CITY OF NEDERLAND, TEXAS this day of �1 w ,:., 2015 at which meeting a quorum was present and voting. R. A. Nugent, M r City of Nederlan , Texas ATTEST: OA day Fergu,46n, 'City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse ranic Wy Attorney Ci of Ne rland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 10, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris Duque, City Manager. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -b as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — July 27, 2015 regular meeting b. Payments: • Carroll & Blackman, Inc. - $974.95, Phase II MS4 Implementation Services • Action Civil Engineers - $7,000.00, Nederland Avenue Study 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve a Collective Bargaining Agreement with the Nederland Police Officers' Association. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve Change Order #1 in the amount of $66,849.00 for additional wor on the 2015 Concrete Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. Purchase/ Bids: i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to authorize the purchase of detector cameras for installation on Nederland Avenue. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 10, 2015 ii. A motion was made by Councilmember Neal and seconded by Councilmember Austin to authorize the purchase via BuyBoard, HGAC, or other state -approved contract of a BOMAG for the Streets Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to authorize the solicitation of bids for the 2015 Nederland Swimming Pool Improvements project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Fiscal Year 2015-2016 Budget: i. Chris Duque, City Manager, reported the current tax rate is $0.591853 per $100 assessed taxable value, which is the lowest tax rate among the mid and south - county cities. The effective tax rate has been calculated as $0.577548 and the rollback tax rate has been calculated as $0.598601. On Monday, July 27th Jefferson County Appraisal District submitted the assessed taxable value of $1,021,504,582 which is an increase of 3.036% or $30,103,302. Mr. Duque recommended City Council consider maintaining the tax rate of $0.591853 per $100 assessed valuation, which is $0.0143 or 2.5% greater than the effective tax rate. He explained that flat interest income, nominal appraisal growth, the drop in oil prices that will affect the industrial tax revenue, and costs associated with the police CBA and anticipated future salary adjustments following the 2015/16 compensation study; reducing the tax rate to the effective tax rate could have long-term financial consequences. No adjustments to the property tax revenue or industrial tax revenue line -items are necessary with this tax rate adjustment. Because the proposed tax rate ($0.591853) is greater than the effective tax rate, two public hearings are necessary. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Resolution No. 2015-10, submitting the City of Nederland Annual Budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016, and calling for a Public Hearing to be held on August 24, 2015 at 4:30 p.m. at the Nederland City Hall (207 N. 12th Street) for the purpose of discussing the proposed budget, as per Article VI of the City Charter. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve a proposed tax rate of 0.591853 for the fiscal year beginning October 1, 2015 and ending September 30, 2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal regarding the proposed tax rate and establishing the dates of August 24, 2015 at 4:30 p.m. and August 31, 2015 at 4:30 p.m. for public hearings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, August 10, 2015 5. EXECUTIVE SESSION The regular meeting was recessed at 5:19 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 6:04 p.m. by Mayor Nugent. 7. APPOINTMENT A motion was made by Councilmember Belaire and seconded by Councilmember Neal to approve the employment agreement between the City of Nederland and Nederland City Manager Christopher Duque. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. S. COMMUNICATION City Manager's Report: a. Miscellaneous - Nederland Chamber Coffee will be August llt" at 8:00 a.m. at the Rustic Door. The City will host the September Chamber Coffee at the Homer E. Nagel Public Safety Building. b. The City is taking precautions due to the heat for employees working out in the field. 9. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 6:08 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. Nugent,a or City of Nederla , Texas A EST: Mai Gay Ferg�ion, City EW14 City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director A, Llw_77 R.A. Nugent, Ma g � Y (az ay Fergu n,- i I rr Auqust 10, 2015 Date PRESENT t V ABSENT V, V/ CITY OF NEDERLAND RESOLUTION 2015-10 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, 2015 AND ENDING SEPTEMBER 30, 2016. 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, 2015 and ending September 30, 2016; 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 2015-2016, 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 241 2015 at the Nederland City Hall, 207 N. 12th St., Nederland, Texas, to approve this budget in the proposed or amended form in accordance with Article VII of the City Charter. PASSED AND APPROVED this the 10th day of August, 2015. R.A. udfint, Mayor City of Nederland, Texas ATTEST: Gay Fergu on, CitWCler City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes Bra is ,City Attorney Ci of N erland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 24, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -e as presented with the exception of the payment for LD Construction which was removed from consent agenda and placed on the regular agenda. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Minutes — August 10, 2015 regular meeting b. July 2015 Departmental Reports c. Tax Assessor Collection Report - July 2015 d. Consider action regarding a request from Brian English to utilize the Nederland Recreation Center gymnasium for a basketball league and tournament. e. Payments: • Daniel & Brown, Inc. - $14,000.00, 2015 SCADA Improvements project • MK Contractors - $23,486.38, 2015 South 12th Street Waterline Relocation project • Schaumburg & Polk, Inc. - $5,370.00, Nederland Avenue Study • Schaumburg & Polk, Inc. - $886.00, South 12th Street Waterline Relocation project • Schaumburg & Polk, Inc. - $15,615.00, 2015 Asphalt Street Rehabilitation project • LaBiche Architectural Group, Inc. - $13,300.00, Nederland Service Center project 4. REGULAR AGENDA Chris Duque, City Manager, recommended tabling the payment to LD Construction due to work status issues. Minutes Continued, August 24, 2015 A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to table action, until August 31, 2015, consideration of payment to LD Construction. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. a. Philip Klein presented the 2014 Financial Report for the Nederland Volunteer Fire Department. He reported over $50,000 was brought in from contributions. The brick campaign was the largest fundraiser selling over 600 bricks for the entrance to the Homer E. Nagal Public Safety Building. Other items purchased with the funds were complete sets of gear for 4 volunteer fire fighters, 6 pair of boots and a large fan for the floor of the bay at the Fire Department. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to accept the report from the Nederland Volunteer Fire Department regarding the NVFD's tax exempt status. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve the submittal of a 2015/2016 grant application to the Wilton and Effie Mae Hebert Foundation. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. Appointments: i. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to appoint Billy Neal and Brian Swindel and to re -appoint Bert Rogers and Reagan Meaux, for terms ending September 30, 2017, to the Nederland Economic Development Corporation Board of Directors. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to re -appoint Kirk Gillespie, for term ending June 30, 2019, to the Zoning Board of Appeals. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. d. Requests: i. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve a request from Wesley United Methodist Church in reference to a donation of millings from the 2015 Street Program subject to the availability of surplus millings. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Note: Jesse Branick, City Attorney, noted this action will be a savings to the City since disposing of the surplus millings is an added cost to the City. Minutes Continued, August 24, 2015 ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a utility reimbursement request from the Nederland Babe Ruth League. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. iii. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to approve a request for the installation of a street light in the 2600 block of Avenue G. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. Chris Duque, City Manager, explained the Animal Control Officer and his supervisors recommended the City revised its Animal Control Ordinances, Chapter 10 of the Code of Ordinances. With the assistance of Alan Spence, who certifies and trains animal control officers, the ordinance revisions were prepared. Highlights of the revisions include: 1) establishing standards of care for animals, including food, water, shelter, chaining, etc. 2) limiting number of domestic pets at a residence to five animals requiring an annual control report, and not addressing cats. f. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Belaire to approve Ordinance 2015-12, amending Chapter 10 - Animals, of the Nederland Code of Ordinances to comply with new state regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire. Noes: None. g. A motion was made by Councilmember Austin and seconded by Councilmember Neal to authorize solicitation of bids for South 5th Street Water Tower project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. Fiscal Year 2015-2016 Budget: i. The regular meeting was recessed and a Public Hearing was called to order at 5:36 by Mayor Nugent for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2015-2016 Annual Budget. Chris Duque, City Manager, indicated this public hearing was necessary in accordance with City Charter. Citizens will be given the opportunity to comment on the proposed budget. He advised a copy of the proposed budget is available in the City Clerk's office and on the City of Nederland's website. He added the FY 2015-2016 Annual Budget will be on the City Council agenda on September 14, 2015 @ 4:30 p.m. for their consideration. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 5:37 by Mayor Nugent. Minutes Continued, August 24, 2015 ii. The regular meeting was recessed and a Public Hearing was called to order at 5:37 by Mayor Nugent for the purpose of receiving comments regarding the proposed tax rate of $0.591853 per $100 assessed valuation for the fiscal year 2015-2016. Mr. Duque, stated this public hearing is being held to discuss the proposed FY2015 - 2016 tax rate. At the August 10th meeting, the council unanimously voted to maintain the tax rate of $0.591853 per $100 assessed valuation for the fiscal year beginning October 1, 2015 and ending September 30, 2016. He recommended maintaining the existing tax rate and said no adjustments to the property tax revenue or industrial tax revenue line -items would be necessary. City Council will vote on the tax rate on Monday, September 14, 2015 at 4:30 p.m. at the Nederland City Hall Council Chamber located at 207 N. 12th Street. The second public hearing shall be held on Monday, August 31, 2015 at 4:30 p.m. at the Nederland City Hall Council Chamber. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 5:38 by Mayor Nugent. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:39 p.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.074, Personnel - City Attorney. 6. RECONVENE The regular meeting was reconvened at 5:44 p.m. by Mayor Nugent. A motion was made by Councilmember Austin and seconded by Councilmember Neal to increase compensation for the City Attorney to $4,140.00 per month effective October 1, 2015. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Construction Project Update - of the projects. b. Special City Council meeting - S. ADJOURN Report being postponed due to issues with one August 31, 2015 at 4:30 p.m. There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 5:48 p.m. MOTION CARRIED. Minutes Continued, August 24, 2015 Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R. A. NugeAl' Aijor City of Nederland, Texas A EST: da -'y Fergus n, City Clerk � 0 City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director r R. A. Nugent, Mor Ferg �, on, City CWl"e_rj 9-.11 w Auqust 24, 2015 Date PRESENT V ,V/ V ABSENT ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON TERRY WUENSCHEL CHIEF DEPUTY I, Allison Nathan Getz, 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 $47,236.95, represents all taxes collected for CITY OF NEDERLAND during the month of July 2015. Ulil�� Allison Nathan Getz JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEALIMONT, TEXAS 77704-2112 PHONE: (409)835-8516 •FAX: (409)835-8589 ORDINANCE NO. 2015-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS AMENDING CHAPTER 10 (ANIMALS), ARTICLE III, DIVISION 39 OF THE CODE OF ORDINANCES OF THE CITY OF NEDERLAND BY ADDING NEW SECTION 10- 95 TO PROVIDE FOR EMERGENCY VETERINARY CARE AND EUTHANASIA AUTHORIZATION; 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 AN EFFECTIVE DATE. WHEREAS, the Nederland City Council finds that it has a compelling interest in managing the public health via animal control ordinances. WHEREAS, based upon State Legislative action, the City Council deems it necessary and in the public interest of the City to amend Chapter 10 (Animals) of the Code of Ordinances, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Article III (Impoundment) of Chapter 10 (Animals) of the Code of Ordinances of the City of Nederland is amended by adding new Sec. 10-95 to read as follows: SEC. 10-20 EMERGENCY VETERINARY CARE — EUTHANASIA The City Animal Services — Animal Control Officer/Local Rabies Control Authority shall immediately be considered the designated caretaker of an at large astray, impounded or surrendered animal, including any injured animal found at large or abandoned. As the designated caretaker, the Animal Services Department shall have the provisional assumption of ownership and shall have the authority to administer preventative immunizations and any required medical treatment without the direction of a veterinarian up to euthanasia. Additionally, the Animal Services Department Supervisor shall have the authority to utilize emergency humane euthanasia in the event of a suffering animal, and the ability to disregard any designated stray hold policy. Section 2. That all ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 3. That if any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 4. That 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 and that this ordinance shall become effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Nederland this the 24th day of August , 2015. R. A. Nu6entj ayo City of Ned and, Texas ATTEST: ay Fe uson, City b6 rk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jes eBr i ,City Attorney Cit of ederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 31, 2015 1. MEETING The special meeting was called to order at 4:30 p.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. RECOGNITION OF RETIREE Recognition of Retiree: Captain James Douglas Saunders. The meeting was recessed at 4:34 - 4:50 to allow for cake and congratulations for Captain Saunders. 3. TAX RATE PUBLIC HEARING The regular meeting was recessed and a Public Hearing was called to order at 4:50 p.m. by Mayor Nugent for the purpose of receiving comments regarding the proposed tax rate of $0.591853 per $100 assessed valuation for the fiscal year 2015-2016. Chris Duque, City Manager, advised this public hearing is being held to discuss the proposed FY 2015-2016 tax rate and interested persons are given the opportunity to comment on the proposed tax rate. At the August 10th City Council meeting the Council unanimously voted to maintain the tax rate of $0.591853 per $100 assessed valuation for the fiscal year beginning October 1, 2015 and ending September 30, 2016. Mr. Duque stated no adjustments to the property tax revenue or industrial tax revenue line items are necessary with this tax rate adjustment. Mr. Duque announced the City Council will vote on the tax rate on Monday, September 14, 2015 at 4:30 p.m. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was convened at 4:52 p.m. by Mayor Nugent. 4. CONTRACT A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve a contract, subject to final legal review and approval, with Public Sector Personnel Consultants for the 2015-2016 City Employee Compensation Study. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 5. FACILITY PROJECT UPDATE Steve Hamilton, Public Works Director, gave an update on the layout/design of the Service Center City Shop addition and the repairs/remodeling of the Bob Henson Building. Minutes Continued, August 31, 2015 Chris Duque, City Manager, reported The LaBiche Architectural Group was engaged to design the Service Center. They worked with the Public Works Director and the supervisors to design the Service Center. Their plans call for the future expansion of the shop to include the offices, breakroom, restrooms, and storage for the Public Works Department. The plan now is to build the new Service Center building and include underground plumbing for the future expansion, which will be built when funds become available. Mr. Hamilton went over the changes being proposed at the Bob Henson Building and where staff will be moving within the building. He added the restrooms will be modified to include ADA compliance. The budget for the project is $200,000. 6. UNFINISHED BUSINESS, a. A motion was made by Councilmember Austin and seconded by Councilmember Belaire to remove from the table and consider payment to LD Construction for the 2015 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. b. A motion was made by Councilmember Neal and seconded by Mayor Pro Tem Albanese to approve payment, in the amount of $348,241.20, to LD Construction for the 2015 Asphalt Street Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. EXECUTIVE SESSION The regular meeting was recessed at 5:21 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 Chapter 551.074 - Personnel, City Manager. S. RECONVENE The regular meeting was reconvened at 5:46 by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 9. COMMUNICATION City Manager's Report: a. Construction Project Update: Steve Hamilton gave a brief report on the South 12tH Street Asphalt overlay project from Avenue H to Avenue B. b. City offices closed on Monday, September 7t" in observance of Labor Day c. Monthly Chamber Coffee will be Tuesday, September 8t" at the Homer E. Nagel Public Safety Complex. Minutes Continued, August 31, 2015 10. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Belaire to adjourn the meeting at 6:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. y� R. A. gent,py' r City of Nederlan , exas ATTEST: G4 Ferguson,fCity Clerk City of Nederland, Texas 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 Craig Belaire 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director r R. A. Nugent, M or �p G4 Ferguson i y C rk13 uqust 31, 2015 Date PRESENT i� V V11 / ABSENT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 9:00 a.m. September 8, 2015 1. MEETING The special meeting was called to order at 9:00 a.m. by Mayor R. A. Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. EXECUTIVE SESSION The regular meeting was recessed at 9:04 a.m. by Mayor Nugent for the purpose of conducting an Executive Session as authorized by Texas Government Code, Chapter 551.087, Deliberation Regarding Economic Development Negotiations. 3. RECONVENE The regular meeting was reconvened at 4:50 p.m. by Mayor Nugent. He announced the Executive Session was held for informational purposes only and no action is necessary. 4. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Neal to adjourn the meeting at 9:42 a.m. MOTION CARRIED. ?d, R. uge r tiCity of Nederlexas ATTEST: G -ay Ferguso City Clerk � City of Neder and, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT R. A. Nugent Mayor Ma y v Talmadge Austin Council Member— Ward I Billy Neal Council Member— Ward II Don Albanese W Council Member —Ward III a �`�� Craig Belaire Council Member—Ward IV Chris Duque City Manager Gay Fergus on Cit y 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 Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director c R. A. Nugent, M y r G y Fergus. City Clerk ' 0 September 8, 2015 Date ABSENT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. September 14, 2015 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum. 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Gay Ferguson, City Clerk. 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 Austin and seconded by Councilmember Neal to approve the Consent Agenda Items 3 a -c as presented. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. a. Minutes — August 24, 2015 regular meeting b. Consider approving a utility reimbursement request from the Mid -County Sr. Babe Ruth League. c. Payments: Carroll & Blackman, Inc. - $1,072.67, Phase II MS4 Permit Implementation Services L & L General Contractors - $16,830.00, Nederland Veterans Park project Kraftsman, LP - $8,447.33, Nederland Veterans Park project Bruce's General Construction - $109,540.22, 2015 Concrete Street Rehabilitation project • TraC-n-trol, Inc. - $17,575.00, 2015 SCADA Improvements project Action Civil Engineers - $6,376.00, Nederland Avenue Study 4. REGULAR AGENDA a. A plaque was presented by Angela Fanette to the Nederland Domino's recognizing their business for its continued support of the Nederland Parks & Recreation Department and community projects. The local Domino's has made an effort to be involved in major Parks & Recreation Department projects over the past three years, including providing free pizza during Nederland Nights at the pool, Christmas on the Avenue, and other events. Minutes Continued, September 14, 2015 b. A motion was made by Councilmember Austin and seconded by Councilmember Neal to accept a donation from the Nederland Heritage Festival Foundation to the Nederland Police and Fire Departments. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. c. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve a request from the Nederland Heritage Festival to improve access along Boston Avenue for concession row. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. d. A motion was made by Councilmember Neal and seconded by Councilmember Austin to authorize the purchase via HGAC, Buy Board, or other state -approved contract an F550 truck for the Water/Sewer Distribution Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. e. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2015-13, revising Chapter 10 - Animals of the Nederland Code of Ordinances. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. f. A motion was made by Councilmember Austin and seconded by Councilmember Neal, subject to legal review and approval, to approve Ordinance 2015-14, revising Chapter 110 - Vehicles for Hire of the Nederland Code of Ordinances. MOTION CARRIED. Ayes: Mayor Nugent, Councilmember Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. g. A motion was made by Councilmember Austin and seconded by Councilmember Belaire to approve a Vehicle for Hire/taxicab permit request from Mid -County Taxi in accordance with Chapter 110 of the Nederland Code of Ordinances. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. h. Contracts: i. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve a work authorization with Carroll & Blackman, Inc. for a GIS mapping program in conjunction with the cities of Port Neches and Groves and Drainage District 7. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. Minutes Continued, September 14, 2015 ii. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve an amendment to the Hotel Occupancy Tax Agreement between the City of Nederland and the Nederland Chamber of Commerce. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. iii. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve an agreement between the cities of Nederland, Port Neches, and Groves for the operation of the Central Dispatch Facility and the Information Technology Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. L A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve final payment and release of retainage for the 2015 South 12th Street waterline relocation project, MK Contractorss. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. j. Fiscal Year 2015-2016 Budget: i. A motion was made by Councilmember Belaire and seconded by Councilmember Neal to approve Ordinance No. 2015-15, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. ii. A motion was made by Councilmember Austin and seconded by Councilmember Neal to approve Ordinance No. 2015-16, an appropriation ordinance adopting a budget in accordance with Article VII of the Charter of the City of Nederland. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. iii. A motion was made by Councilmember Neal and seconded by Councilmember Belaire to approve setting the maintenance and operation portion of the tax rate at $0.385689 for fiscal year 2015-2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. iv. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve setting the interest and sinking fund portion of the tax rate at $0.206164 for fiscal year 2015-2016. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. Minutes Continued, September 14, 2015 v. A motion was made by Councilmember Belaire and seconded by Councilmember Austin that the property tax rate be increased by the adoption of a tax rate of $0.591853, which is effectively a 2.48 percent increase in the tax rate. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. Chris Duque, City Manager, thanked everyone who participated in the budget process. He reported the tax rate established by the City Council is the lowest in Jefferson County for a full-service city. Councilmember Belaire thanked all city staff for their hard work in preparing this year's budget. S. COMMUNICATION City Manager's Report: a. Miscellaneous: • Mr. Duque thanked staff for organizing the Chamber of Commerce Coffee which was held at the Homer E. Nagel Public Safety Complex on September 8th. • A blood drive will be held at City Hall on Monday, September 21s' from 10:00 a.m. - 4:00 p.m. The public is welcome to participate. 6. ADJOURN There being no further business a motion was made by Mayor Nugent and seconded by Councilmember Belaire to adjourn the meeting at 5:45 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Belaire. Noes: None. Absent: Mayor Pro Tem Albanese. R. A. Nugen ayor City of Ned land, Texas A EST: day 9 y Fer u n, y � Cit Clerk L/ City of Nederland, Texas 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 Craig Belaire 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 nVY L . ol nk&�-'UA Fire Chief Steve Hamilton Director of Public Works George Wheeler Building Official Victoria Klehn Librarian Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director R. A Nugent, Mayor G a y Fergus , ,City ler September 14, 2015 Date PRESENT V V V"*" ABSENT V iW�I�MNkii914 .. '!4'M°►�.MM11Yx'Y§. , .. Y.%M; ;"y,/y�.�g�-�:�-n. fie.-aA..a4�::M: a p.....�:; -ae. _ _ - it-p.H+a'p��ncia'wk6lbkn',Hm.3L�M�A+M.w�S+iAI^W^'vAf'#in11�A"..Lxn+Y.pi�1.M�i.. -. . _ ..__ M .«.,:w.a.rrc.::.. .#�w,gM�+'.w.wa x. h ,,,. bsr+rw:•�e�s�zxwx �..� „y,„:+...,�.n..., .. ORDINANCE NO. 2015-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS REVISING CHAPTER 10 (ANIMALS) OF THE CODE OF ORDINANCES OF THE CITY; PROVIDING REGULATIONS FOR DOMESTIC PETS, OTHER DOMESTIC ANIMALS, DANGEROUS WILD ANIMALS, VARIOUS BIRDS, VENOMOUS REPTILES, AND LIVESTOCK; SPECIFYING THE CITY'S LOCAL RABIES CONTROL AUTHORITY; 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 AN EFFECTIVE DATE. WHEREAS, the Nederland City Council finds that it has a compelling interest in managing the public health via animal control ordinances. WHEREAS, the City Council deems it necessary and in the public interest of the City to amend Chapter 10 (Animals) of the Code of Ordinances, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. Chapter 10 (Animals) of the Code of Ordinances of the City of Nederland is revised in Exhibit"'A." Section 2. All ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 4. 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 S. This ordinance shall become effective from and after its passage and publication as provide by law. PASSED AND APPROVED by the City Council of the City of Nederland this the 14th day of September, 2015. R. A. Nu ent ayor City of Ned r, and, Texas ATTEST: Gay Fe uson, City lerk APPROVED `"—ND LEGALITY: Jess BraniFk,4ZityAttorney Exhibit "A" - Code of Ordinances Chapter 10 Animals Chapter 10 ANIMALS Article I. General Sec. 10-1. Intent Sec. 10-2. Annual Report Sec. 10-3. Domestic Pet - Companion Animals Sec. 10-4. Other Domestic Animals Sec. 10-5. Wildlife Regulated by State Law or Not Sec. 10-6. Dangerous Wild Animals Sec. 10-7. Allowable Domestic Birds Sec. 10-8. Game and Birds of Prey Sec. 10-9. Venomous Reptiles Sec. 10-10. Feeding of Alligators or Other Aquatic Reptiles Sec. 10-11. Livestock Secs. 10-12-10-15. Reserved Sec. 10-16. Sec. 10-17. Sec. 10-18. Sec. 10-19. Sec. 10-20. Sec. 10-21. Sec. 10-22. Sec. 10-23. Sec. 10-24. Sec. 10-25. Sec. 10-26. Sec. 10-26.A. Sec. 10-26.B. Sec. 10-26.C. Sec. 10-26.D. Sec. 10-26.E. Sec. 10-27. Sec. 10-28. Sec. 10-29. Sec. 10-30. Sec. 10-31. Sec. 10-32. Sec. 10-33. Sec. 10-34. Sec. 10-35. Article II. Dog and Cats Animal Control Officer - Local Rabies Control Authority Disposition of Fees Dog Bites Examination for Rabies Cat Bites Examination for Rabies Dogs at large; Dog and Cat Feces on non -owner's Animal Feces constitutes a public nuisance; penalty Disturbances Standard of Care Emergency Veterinary Care - Euthanasia Dangerous/Vicious Dog Declaration of Dangerous/Vicious Dog Determination Hearing Requirements for Owner of a Dangerous/Vicious Dog Report Significant Events Exceptions Rabies Vaccination Impoundment Notice Animal Surrender Redemption Destruction of Unclaimed Dogs Number of Animals Allowed per Residence Feeding of Feral/Stray Animals Removal of Deceased Animals from Private Property Illegal Dumping of Live or Deceased Animals 1 premises; Accumulation of Exhibit "A" — Code of Ordinances Chapter 10 Animals Sec. 10-36. Selling or Giving Away Puppies or Kittens in a Public Venue Sec. 10-37. Operating a Commercial Kennel in a Residentially Zoned Area Sec. 10-38. Animal Unattended in a Vehicle Secs. 10-39-10-45. Reserved Article III. Bees Sec. 10-46. Maximum Number of Hives Sec. 10-47. Location Near Business or Residence Sec. 10-48. Location of Hives Near Streets Secs. 10-49-10.55. Reserved ARTICLE I. GENERAL Sec. 10-1. Intent. This article shall be and is hereby declared to be cumulative of all animal ordinances of the City. It is not the intent of this ordinance that the City assume any responsibility whatsoever for whatever acts of destruction, disturbance, or inconvenience as may be caused by dogs within this City, but the intent is to reduce the number of dogs at large and stray dogs without owners by enforcement of this article, which will result in reducing the quantity of dogs which may endanger the public safety. Sec. 10-2. Annual Report. By no later than January 31St of each year, the Animal Control Officer shall submit to the City Manager's Office a report of the past year's animal control statistics (January 1St – December 31 St) to include number of animals picked up, euthanized, adopted or returned their owner, etc. Sec. 10-3. Domestic Pet – Companion Animals. "Common household pets" means any and all of the following: a domestic dog, cat, ferret and/or other species of domesticated animals that are primarily kept inside a residence, including gerbils, hamsters, some reptiles and similar types of pets. Sec. 10-4. Other Domestic Animals. "Fowl" means and includes any and all of the following: a chicken, duck, goose, guinea, peafowl, turkey or any other fowl whether one or more. "Livestock" means a horse, mule, colt, jack, jennet, cow, bull, calve, sheep, goat, swine, rabbit, or any other domesticated animal, (whether one or more), except common household pets. "Owner" means any person who owns, possesses or who harbors and is in care, custody or control of any animal. 2 Exhibit "A" — Code of Ordinances Chapter 10 Animals Sec. 10-5. Wildlife Regulated by State Law or Not. It shall be unlawful for any person to possess, harbor, or have in their care, custody or control, a wildlife animal. Most of these wildlife animals, such as raccoons, squirrels, etc. fall under the jurisdiction of the Texas Parks and Wildlife Department and may be possessed only by permit or as an approved licensed wildlife rehabilitator. Such persons shall notify the ACO/LRCA of such permit and/or rehabilitation service. Sec. 10-6. Dangerous Wild Animals. It shall be unlawful to own, harbor, possess, and/or transport any and all animals listed in Chapter 822, Subsection E of the Texas Health and Safety Code. "Dangerous wild animal" means: a. a lion b. a tiger c. an ocelot d. a cougar e. a leopard f. a cheetah g. a j aguar h. a bobcat i. a lynx . a serval k. a caracal 1. a hyena m. a bear n. a coyote o. a j ackal p. a baboon q. a chimpanzee r. an orangutan s. a gorilla t. a coyote u. a wolf hybrid v. any hybrid of an animal listed in this subdivision Anyone found in violation of this section is subject to a fine of up to $500.00 per animal and the animal being confiscated at the owner's expense. It shall be at the ACO/LRCA's sole discretion as to where the animals would be detained until a hearing can be held to determine the disposition of the animal, unless the animal is surrendered (within 72 hours & fees will apply) and/or immediately removed from the city. In the event of an escape, and/or if public safety is compromised/endangered, by the escape, the ACO/LRCA and/or Chief of Police shall have the authority to take whatever means necessary, up to euthanasia, to protect the public. NOTE: If in fact the dangerous wild animal is in the care, custody and/or control of a bona fide circus, part of an educational presentation by an accredited learning institution, the Texas Parks and Wildlife Department or in the possession of an approved rescue or sanctuary facility registered with the state of Texas, or USDA, or is being transported to a final destination other than City of Nederland, Jefferson County, Texas, then the above ordinance may not apply. This ordinance shall require any person or company that is associated with a bona fide circus to have permit, obtained from the City and proof of liability insurance in the amount of $5005000.00 if the animal is to be held within city limits of Nederland. 3 Exhibit "A" — Code of Ordinances Chapter 10 Animals Sec. 10-7. Allowable Domestic Birds. The following are allowed in the city limits of Nederland, but shall be kept in such a way that they shall be provided proper and adequate care, food, water and shelter and do not cause a nuisance. These include but are not limited to: finch, parakeet, parrots, cockatiels, toucans, macaws, canary, lovebirds, quail, doves, and/or pigeons. Sec. 10-8. Game and Birds of Prey. Birds, such as falcons may be allowed by permit only when under the control of the owner and used in a hunting or competition event. Birds such as hawks, owls, egrets, and/or eagles fall under federal regulation and are not permitted to be possessed by any person. Sec. 10-9. Venomous Reptiles. It shall be unlawful for any person to possess, sell, breed, or transport any venomous snake or reptile within the city limits of Nederland. Examples are any type of rattlesnake, copperheads, water moccasin, coral snake, cobras, and/or any other viper not indigenous to the state of Texas. In the event a venomous reptile has escaped or has been abandoned, the ACO/LRCA and/or Chief of Police has the authority to capture and/or euthanize the reptile for public safety. A violation of this section shall constitute a fine of $500.00 per reptile found in the possession of any person. Reptiles are subject to confiscation. Sec. 10-10. Feeding of Alligators or Other Aquatic Reptiles. In reference to Texas Parks and Wildlife Code, chapter 65, sections .001 and .005, this section of the ordinance further criminalizes even the feeding of alligators on private or public property. A violation of this section would constitute a fine of up to $500.00 per offense. Sec. 10-11. Livestock. It is unlawful for any person to use any lot, block, or tract of land in the City of Nederland, Texas, to keep, feed, herd, or maintain a livestock or barnyard fowl within a distance of 50 feet of a neighboring property line upon which a business or residence is located on the said lot; while allowing flies, pests and bad odors to annoy, molest, or disturb the people living adjacent to or in the immediate area of the livestock or fowl. It is unlawful to stake, tether, tie or fetter a livestock or barnyard fowl on any street, road alley or right of way or any other property not owned or in the care of the livestock owner. This chapter does not apply to: a livestock or fowl owned by and in possession of a transient circus or carnival, petting zoo, or company if the livestock or fowl is an integral part of the circus or carnival performance and only during the time that the circus, carnival or petting zoo is operating in the City; and/or a livestock or fowl while being rehabilitated, treated, or cared for by a licensed veterinarian at his/her place of business. Nor does this section apply to the Nederland Independent School District's Future Farmers of America Barn located at 8090 Viterbo Road. 4 Exhibit "A" — Code of Ordinances Chapter 10 Animals The violation of this section would constitute a fine of $100.00 per animal per violation. If in fact the animal is abandoned or at large, the Section 142 of the Texas Agriculture Code would apply in regards to estray animals and all applicable fees for the capture, restraint and care for the animal shall be the sole responsibility of the owner. Swine: It shall be unlawful for any person to possess, own a swine animal domestic or feral in the city limits of Nederland, except for ONE Miniature Pot Bellied, Micro piglet per household. A violation of this section shall constitute a fine of up to $500.00 for each violation and removal of the animal. Secs. 10-12-10-15. Reserved. ARTICLE II. DOGS AND CATS Sec. 10-16. Animal Control Officer Local Rabies Control Authority. As per Chapter 826.017, of the Texas Health and Safety Code, the City Manager shall appoint and be confirmed by the City Council, a person to serve as a LOCAL RABIES CONTROL AUTHORITY (LRCA) to assume the responsibilities of the animal control officer for the City of Nederland for a period to be determined by city manager at his/her pleasure. The duties of the appointed LRCA/ACO shall consist of, but not limited to, enforcing all laws, rules and regulations, as listed in the Texas Health and Safety Code, Section 821-829 and Section 169 of the Texas Administrative Code, in regard to animal to human bite incidents, humane care, health and/or cruelty law violations, under Sec 42.09 & 42.092 of the Texas Penal Code. This person shall also have authority over the animal shelter/care facility for stray animal impoundment, reclaim, adoption and euthanasia when necessary. Sec. 10-17. Disposition of Fees. All fines collected by citation, impound, reclaim and/or euthanasia fees collected by the ACO/LRCA under the terms of this article shall be paid into the general fund of the City by the ACO/LRCA through the city treasurer for use as required by law. All donations made directly to the shelter shall be subject to the sole use of the shelter upkeep, equipment, operations and/or vet care. Such donations shall be documented and reported to the city treasurer at the time donation is made stating the date, donor's name, address, and amount donated. Sec. 10-18. Dog Bites. As required per Section 826 of the Health and Safety Code, should any person be bitten by any dog, it shall be contained, impounded and/or euthanized and shipped for testing by the ACO/ LRCA as soon as possible. The ACO/LRCA shall have sole discretion of any and all actions brought forth in a bite incident that could possibly expose a human to rabies. The person responsible for the dog ownership or care, custody and control, if such person can be located, shall be notified of the requirement for the dog to be impounded for a period of ten days (240 hours) at their expense either at a licensed rabies quarantine facility or a licensed veterinarian. Only upon S Exhibit "A" — Code of Ordinances Chapter 10 Animals the authority of the ACO/LRCA and after the animal's examination by a veterinarian and re- vaccinated, the animal may be released back to the owner after the ten day quarantine is complete. A minimum fee of $25.00 per day or CURRENT FEES charged by the attending veterinarian for the 10 day (240 hours) period shall be paid up front by the owner/caretaker at the beginning of the quarantine period. Upon failure of the owner or person responsible for the dog to comply with such notice to surrender or impoundment, shall constitute a Class C violation with a fine up to $500.00 per day. It is the number one priority of the ACO/LRCA to take possession of any animal that has bitten a human, and quarantined for a minimum of ten days or 240 hours or euthanize the animal and ship for testing. If necessary, the ACO/LRCA shall obtain a seizure warrant to take the biting animal into custody for whatever actions he/she deems necessary to comply with state law. All expenses incurred in this seizure action shall be the responsibility of the animal owner. If in fact, owner cannot be located, and there is no one to verify the Rabies Vaccination Status, the ACO/LRCA shall have sole discretion and the right at any time to euthanize and ship to the DSHS Lab for rabies testing. Any and all fees incurred in the euthanasia, decapitation and shipping procedure shall be the responsibility of the animal owner/care taker. In the event, the dog bite would fall under the dangerous/vicious dog section of this ordinance by making an unprovoked attack, causing bodily injury to a human and/or other animal, the ACO/LRCA shall have the right to take and keep possession of the biting animal until such time a dangerous/vicious dog hearing can be held. The owner of the dog, if known, shall be notified of this hearing during the ten day quarantine period. All fees or costs incurred in the capture, quarantine and/or euthanasia of said doe shall be the sole responsibility of the owner/care taker. The ACO/LRCA shall have the sole discretion as to the immediate disposition of any dog that has bitten a human, or exhibits any sigh of rabies or that is presumed to be unowned. Sec. 10-19. Examination for Rabies. The ACO/LRCA is authorized by law to cause the head of any dead dog, which is thought to have had exposed any human to rabies, to be shipped to the state health department facilities for examination. If the dog has bitten one or more persons, and the City expense for each entire examination shall be no less than $3 5.00 and no more than $100 for any one such examination; or current veterinarian fees. Sec. 10-20. Cat Bites. Should any person be bitten by any cat and complaint is made, the owner/care taker or person responsible for the cat, if such person can be located, shall be notified to keep the cat confined and under observation by a licensed rabies quarantine facility or at the veterinarian's place of business or other approved facility for not less than ten days (240) hours unless a home quarantine is approved by the ACO/LRCA. At the completion of the ten day quarantine period, It Exhibit "A" — Code of Ordinances Chapter 10 Animals the cat shall be examined by a veterinarian, evaluated, re -vaccinated and released to the owner if applicable. Upon the failure of the owner or person responsible for the cat to comply with such notice, the ACO/LRCA shall cause the cat to be confined and placed under observation for such length of time in an approved rabies quarantine facility or veterinary clinic, at the expense of the owner or person responsible for the cat. The owner of the cat is responsible for all fees associated with the capture, containment and/or quarantine of the cat. The cat shall not be released until the owner or person responsible for the cat shall have paid a minimum of $30.00 per day and/or current veterinary fees. Any and all costs for the capture, quarantine or euthanasia of said cat shall be the total expense to the owner. The ACO/LRCA shall have the sole discretion as to the immediate disposition of any cat that has bitten a human, or exhibits any sigh of rabies or that is presumed to be unowned. Sec. 10-21. Examination for Rabies. The ACO/LRCA, is authorized to cause the head of any cat that has bitten a human, and is thought to have had rabies, to be shipped to the state health department facilities for examination if the cat has bitten one or more persons, and the city expense for each entire examination shall not exceed the current fees charged by a veterinarian for any one such examination; or In the event that the cat has no owner and/or current rabies status cannot be verified, the ACO/LRCA shall have sole discretion to euthanize/decapitate and ship the head to DSHS State Lab for testing. Sec. 10-22. Dogs at large; Dog and Cat Feces on non -owner's premises; Accumulation of Animal Feces constitutes a public nuisance; penalty. It shall be unlawful for any person owning, having care, custody and control of any dog to allow the dog to run at large within corporate limits of the City of Nederland. For purposes of this section, the term "at large" means not completely confined in/on his/her home property within a building, wall or fence of sufficient strength or construction to restrain the dog, except when such dog is on a secured leash under control of a person who is the owner or under direct supervision of the person in care, custody or control of them, is on private property. It shall be unlawful for any person owning, having care, custody or control of any dog or cat to allow the dog or cat to defecate on any public property or private property within the corporate limits of the city, other than the private property of the person owning, having charge, custody, care or control of the dog or cat. It shall constitute prima facie evidence that the owner or person in charge of the dog allowed the unlawful act if the dog was at large as defined above, or if the dog was on a leash or chain held by the owner or person in charge, or if the dog was under the direct supervision of the owner or person in charge. It shall be unlawful and constitute a public nuisance for any person to maintain a dog, cat, or other domesticated animal within the corporate limits of the City in such a manner as to 7 Exhibit "A" — Code of Ordinances Chapter 10 Animals endanger the public health by the accumulation of animal waste on any residence, pen, enclosure, yard or similar place used for the keeping of such dog, cat or animal which causes foul and offensive odor or causes a condition that is a breeding place for fleas, flies or other noxious insects and which is offensive to persons of ordinary sensibilities. person: A person is subject to this section and is presumed to be in charge of the dog or cat if the • Is the owner of the yard, lot or premises on which the dog or cat is normally maintained; • Is the owner of the dog or cat; or exercises possession of the dog or cat. A culpable mental state isnot required for the commission of an offense under this section. Each offense shall constitute a fine no less than $150.00 or exceed $500.00. It is a defense to prosecution that the owner or person in care, custody and/or control of the dog or cat immediately remove any excreta deposited by their animal and appropriately disposed of such excreta on their own property. Sec. 10-23. Disturbances. It shall be unlawful for any person to harbor or keep on his premises or in or about his premises or premises under his care, any dog or animal of the canine species, which by loud or unusual barking, howling or yelping shall cause breach of the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. Nuisance and/or disturbance barking shall be a violation when it occurs repeatedly. If a valid effort to control the nuisance barking is not made by the owner, upon finding corroborated evidence, a citation may be issued at the discretion of the ACO/LRCA or a Peace Officer. The citizen reporting the nuisance may file a complaint with municipal court by giving a sworn written statement as evidence the offense is occurring. The complaint shall be handled by the ACO/LRACA accordingly. Sec. 10-24. Standard of Care. An animal owner, care taker shall provide each animal in his/her care, custody and control, the following: • FOOD: a sufficient amount and type of food suitable for the species, size and age of the animal and in a quantity for the animal to maintain a healthy body condition and wellness. • WATER: clean potable water available 24/7 and kept in such -a way that it is not exposed to the elements. Water shall be maintained within a temperature range of 33-80 degrees Fahrenheit. The water container shall be affixed so that animal cannot empty it other than by ingesting. • SHELTER: an animal's shelter shall be constructed in such a way as to have at least three sides/walls, a roof and a floor. The shelter shall be large enough for the animal to stand up and turn around unencumbered. The shelter shall be maintained in such a way it does not become offensive to the public or the animal, and is clean of debris and feces. Exhibit "A" — Code of Ordinances Chapter 10 Animals • SHADE: an animal owner shall provide sufficient shade for the animal in the event the ambient temperature is above 80 degrees Fahrenheit. This shade shall be displayed and secured in such a way as to offer the animal protection from the elements, and more specifically the sun. • CONTAINMENT/CAGING: the containment of an animal shall be kept in such a way that it is free of debris, trash and feces at all times. The fencing shall be kept so as to be well maintained and safe for the animal contained. A minimum size shall be 10'X10' or 100 Square feet. • CHAIN: an animal may be chain or tethered under the following conditions: the chain or tethering system shall not allow the animal to leave the owner's property, no chain or tether shall weigh more than 1/8 of the animal's body weight, any chain or tether shall be at least twenty feet in length and have swivels on both ends, any chain or tether must be attached to a properly fitting collar or harness worn by the animal that shall be made of nylon, leather or other durable and non-metallic material (the use of a chain, choke or pinch collar as a primary collar is prohibited), and all collars shall fit an animal so as to avoid causing injury to the animal or becoming imbedded in the animal's neck. Sec. 10-25. Emergency Veterinary Care — Euthanasia. The City Animal Services and/or ACO/LRCA shall immediately be considered the designated caretaker of an at large stray, impounded or surrendered animal, including any injured animal found at large or abandoned. As the designated caretaker, the Animal Services Department shall have the provisional assumption of ownership and shall have the authority to administer preventative immunizations, excluding rabies and/or any other immunizations as set by state law. Additionally, the Animal Services Department Supervisor shall have the authority to utilize emergency humane euthanasia in the event of a suffering animal, and the ability to disregard any designated stray hold policy. Sec. 10-26. Dangerous/Vicious Dog. The ACO/LRCA may euthanize or authorize the euthanasia of any dangerous/vicious dog found running at large within the City that has previously bitten or the potential to cause bodily injury to a person or other animals. For purposes of this section, the term "dangerous/vicious dog" means a dog that: • Has attacked and/or shows the potential to inflict serious injury or death to a person or bites a person other than the owner without provocation on public or private property; • Has killed or severely injured a domestic animal without provocation while off the owner's property; �tl Exhibit "A" — Code of Ordinances Chapter 10 Animals • Has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or • Is trained or harbored for fighting which may be determined based on whether the dog exhibits behavior and/or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. If a dog acts as stated in this section or is trained or harbored for fighting, the ACO/LRCA shall impound the dog immediately if it is at large; or if it is in the possession of anyone other than the owner, the ACO/LRCA shall immediately take possession of the dog and impound it in order to preserve the safety of the public. In the event the owner is in possession of the animal, the ACO/LRCA shall notify the owner and take immediate possession of the animal for quarantine purposes if in fact, a person has been bitten. A dog that is impounded under this statute shall not be released until a final determination is made by filing a dangerous dog declaration (Chapter 822.022 THSC) of the disposition of the animal. Sec. 10-26.A. Declaration of Dangerous vicious Dog. The ACO/LRCA may declare a dog to be a dangerous/vicious dog if the official has sufficient cause to believe that the animal is dangerous/vicious. The ACO/LRCA, within five calendar days of taking possession of the dog, shall file with the court a declaration to deem the dog dangerous/vicious. Written notice shall be given to the owner of the hearing location, date, time that the ACO/LRCA has set to deem the dog dangerous/vicious. The Dangerous Dog Declaration order by the court shall set the requirements for the owner to take possession of the dangerous/vicious dog if the court allows the dog to be returned to the owner. In the event the owner is not present at the dangerous/vicious dog hearing, all rights shall be forfeited and the ACO/LRCA shall take appropriate action as ordered by the court to have the dog euthanized. The owner shall be notified by registered or certified mail as to the outcome of the dangerous/vicious dog hearing. The owner of a dog declared to be a dangerous/vicious dog may appeal the determination of the court. Appeal of the court's determination is accomplished by filing a written request for a determination hearing with the City of Nederland Municipal Court no later than five (5) calendar days from receipt of the written notice. Failure to appeal the declaration by filing a written request for a determination hearing with the City of Nederland Municipal Court within five calendar days from the owner's receipt of the written notice described in this section shall result in the court's declaration as being final. If the owner of a dangerous dog cannot be determined after reasonable efforts to do so and after holding the dog for 72 hours, unless injured, ill, or it is an officer safety issue, the animal may be disposed of in a humane manner. If the owner of a dangerous dog that has been impounded is known, but cannot be located for service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after a reasonable effort has been made to 10 Exhibit "A" — Code of Ordinances Chapter 10 Animals locate such owner. Nothing herein shall be construed to require the City to hold the dangerous dog longer than 72 hours because it is unclaimed. Sec. 10-26.13. Determination Hearing. Pending the outcome of the determination hearing, the dog must be securely confined in the animal control facility or, at the request of the owner of the dog, with a licensed veterinarian. The costs of securing the dog at the animal control facility or with a licensed veterinarian pending the determination hearing shall be borne by the owner. Sec. 10-26.C. Requirements for Owner of a DangerousNicious Dog. No later than 15 days after a dog is declared dangerous/vicious, the owner shall comply with all of the following requirements before the subject animal can be released to the owner by animal control: register the animal as a dangerous dog with the ACO/LRCA. The cost of registration shall be $100.00 per year. Obtain and maintain liability insurance coverage or show financial responsibility in the amount of at least $100,000.00 to cover damages resulting from an attack by a dangerous dog causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous dog. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the city ACO/LRCA before said dangerous dog shall be returned to the owner if it is being held by the City or a veterinarian. A minimum charge of $15.00 per day shall apply for each day that the dangerous/vicious dog is held in the city of Nederland Animal Care Facility. This fee shall be paid upon the release of the dog to the owner. In the event the owner chooses not to take possession of the dog, he/she shall still be liable for such charges. Before return of the dangerous/vicious dog, the ACO/LRCA shall MICROCHIP (at the owner's expense) the animal and immediately inspect the enclosure to make sure that all the requirements set forth in the Dangerous/vicious Dog Declaration court order have been followed and all appropriate fees have been paid. Upon return of the dangerous dog to the owner, the owner must comply with the following requirements at all times the subject animal is under his/her ownership or control: • Restrain the dangerous dog at all times on a secure leash in the immediate control of a person of physical strength to restrain the animal and at least eighteen years of age, and muzzled anytime it is out of the secured enclosure. • Dog cannot reside or be taken to or visit any location within 200 yards of a daycare, school or church. • Dog may not visit a public park. • Dog must be spay/neutered at owner's expense. • Owner must notify surrounding neighbors about a Dangerous Dog on property. • Dog must wear an orange collar with a tag identifying it as Dangerous/vicious dog. • The enclosure must be a minimum size of 10 X 10 or 100 square feet per canine. • Constructed of a material no less than 9 gauge chain link or a minimum of 4" X 4" 24 gauge welded wire. 11 Exhibit "A" — Code of Ordinances Chapter 10 Animals • Sides shall be a minimum of eight feet in height with a secure top attached to the sides. • A secure bottom will consist of concrete of no less than two inches in thickness and/or attached to the sides or else the sides of the structure must be embedded in the ground no less than two feet. In addition, the secure enclosure must be locked to prevent entry by anyone other than the owner; capable of preventing the escape or release of the dog; and clearly marked on all four sides with a sign no less than 12 X 12 inches with a minimum of 4 inch letters stating as containing a dangerous/vicious dog. • The owner shall post a sign on his premises warning that there is a "dangerous dog on the property." This sign shall be visible and capable of being read from the public street or highway. In addition, the area where the animal is kept must be kept secure from small children gaining access. The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent it from biting any person or animal. A dangerous dog may not be chained to any object outside of a secure enclosure either on or off the property of the owner. If the owner of a dangerous dog is unable or unwilling to comply with the ownership requirements listed above at any time, the animal must be surrendered to the ACO/LRCA for euthanasia in a humane manner by the city ACO/LRCA or a licensed veterinarian or removed from the City of Nederland as directed by the municipal court judge. In the event, the animal is sold, given away or removed from the City of Nederland, the owner shall notify the ACO/LRCA of the destination of the dog's removal and all the aforementioned requirements shall apply and the dangerous dog declaration shall follow the animal wherever it goes. Sec. 10-26.D. Report Significant Events. The owner of a dangerous dog shall as soon as possible report to the ACO/LRCA any of the following events: the escape of the animal; an attack or biting of a person or other animal; change of location within the city; permanent removal of the dog from the city; or death of the animal. Sec. 10-26.E. Exceptions. NO dog shall be declared a dangerous/vicious dog if: • The threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury unless other independent grounds exist for such a declaration; or the sole cause of the attack was that the animal was injured and responding to pain. The provisions of this section shall not apply to dogs under the control of law enforcement or military. 12 Exhibit "A"—Code of Ordinances Chapter 10 Animals Sec. 10-27. Rabies Vaccination. Each domestic pet animal (dog, cat, ferret) residing in Nederland shall be vaccinated as per state law (Texas Health and Safety Code 826) as a prevention and control of the rabies virus; domestic pet animals must be vaccinated annually to remain in compliance with this ordinance. Any dog, cat, ferret, over the age of three (3) months is required to have a current rabies vaccination, then re -vaccinated again at twelve months of age. If in fact, the animal was not vaccinated at four months of age, then the first vaccination date constitutes the need for the second vaccination twelve months later. Only vaccinations administered by a licensed veterinarian shall be accepted where a certificate of vaccination has been issued and signed by a veterinarian. Animal owner shall upon request from ACO/LRCA provide a valid copy of the rabies certificate issued by a veterinarian. Any one failing to provide this certificate of vaccination shall be in violation of this ordinance. Fines in regard to this offense are $150.00 for first offense, $250.00 second offense and $500.00 for third offense. Also, the ACO/LRCA shall have the option to seize and impound any unvaccinated animal. Sec. 10-28. Impoundment Notice. As soon as possible after any dogs have been impounded at the City animal care facility, it shall be the duty of the ACO/LRCA to impound stray animals and hold them a minimum of 72 hours unless the animal is ill, injured or vicious. In the event, the animal is wearing a city license or rabies tag and/or micro chipped, a valid attempt may be made by the ACO/LRCA to contact the owner of the impounded animal. However, if there is no evidence of ownership, the ACO/LRCA shall have the sole discretion after 72 hours (unless the animal is ill, injured or vicious) to deal with the animal's disposition as he/she sees appropriate. The fee for impoundment shall be $35 plus $5.00 per day for every day over the 72 hour hold. In the event, the animal is impounded multiple times, the fee shall be as follows: $75 (plus $5.00 per day for every day over the 72 hour hold) for violation #2 and $150 (plus $5.00 per day for every day over the 72 hour hold) for violation #3. If the owner is located and contacted by the ACO/LRCA, that the animal is in impoundment at the animal care facility and the owner refuses to make any effort and/or arrangements to reclaim the animal within five calendar days, this action will be considered abandonment and the owner made be filed on accordingly. The owner will assume all costs incurred in the impoundment and care for the animal for this period of time. If the animal is not reclaimed within the 72 hour stray hold, the ACO/LRCA shall have the authority to adopt out, transfer to a legitimate rescue group, (registered with the City) and/or euthanize the animal if necessary. 13 Exhibit "A" — Code of Ordinances Chapter 10 Animals Sec. 10-29. Animal Surrender. In the event an animal is surrendered by its owner or caretaker to the ACO/LRCA, it shall immediately become the possession of the animal care facility and no 72 hour stray hold shall apply. Therefore, the ACO/LRCA shall make the animal available for adoption, transfer to rescue and/or euthanize if necessary. There is a surrender fee of $35. Sec. 10-30. Redemption. It shall be the duty of the ACO/LRCA or any police officer to take up any dog found at large and confine such dog in the animal care facility for a period not less than 72 hours, during which time the owner or person entitled to the dog, upon satisfactory proof to the ACO/LRCA of ownership, may redeem his dog upon the owner taking the five actions listed as subsections (I)- (5) of this section and the ACO/LRCA. 1) Payment to the ACO/LRCA of a impound fee of $35 for first at large violation, plus an additional $5.00 per day past the 72 hour stray hold, during one calendar year; or payment to the ACO/LRCA of a impound fee of $75 for a second time the dog is apprehended during any one calendar year; or payment to the ACO/LRCA of an impound fee of $150 for a third time and each subsequent time the dog is apprehended during any one calendar year; and 2) Signing of an affidavit by the owner of the dog that the person is the owner and will accept all responsibility for any and all acts of the dog while within the city, stating the owner's address, indicating the type of enclosure in which the dog is to be housed, including the current date of apprehension of the dog and all previous dates during that calendar year when the dog was apprehended; 3) Presentation of a vaccination certificate by the owner showing that the dog has been vaccinated at some time during the previous 12 months; a current rabies vaccination certificate shall be presented to the ACO/LRCA at the time of redemption. 4) Payment of $5.00 per day as a fee for feeding, care and handling of each dog impounded under this ordinance. 5) Registration of the dog. Sec. 10-31. Destruction of Unclaimed Dogs. The person entitled to the possession of any dog taken up and impounded as provided in this ordinance, upon proper application within the time limits specified in this ordinance after the impounding of the dog, shall be entitled to have the dog released to him/her, provided the dog is not infected or thought to be infected with rabies and further provided that the requirements of Sec. 10-29 have been complied with. Sec. 10-32. Number of Animals Allowed per Residence. The maximum number of (adult) animals allowed in any residence is five (5) and may be a combination of dogs and/or cats. Any animals over five, with the exception of puppies/kittens would constitute a violation. Once offspring reaches eight weeks of age, they shall constitute a 14 Exhibit "A" — Code of Ordinances Chapter 10 Animals separate violation. The fine for the violation is $125.00 per animal with a seven (7) day grace for compliance. Sec. 10-33. Feeding of Feral/Stray Animals. It shall be unlawful for anyone to feed any free roaming, stray or feral animal unless it is in attempt to capture that animal to transport, vaccinate and or eradicate that animal for public health and safety reasons. Anyone caught violating this ordinance shall first be advised by warning citation to immediately cease and desist the feeding activity. Failure to do so, and subsequent violations shall result in a citation being issued for each animal and for each day the violation continues. Furthermore, all animals that are being fed, will be considered owned by the violator and all state vaccination requirements, local registration ordinances shall apply, which would constitute additional violations for each and every animal involved. The fine for first violation shall be $200.00 total. The second violation shall be $100.00 per animal involved in the incident and the surrender of the animals. Sec. 10-34. Removal of Deceased Animals from Private Property. It is the sole responsibility of the animal/property owner to properly dispose of any dead animal on said property. A citizen may request assistance from the ACO/LRCA if the animal is a stray at the time of death and it is a domestic pet animal. No large animals. This request shall be made in a timely manner. If assistance is rendered, a minimum charge of $20.00 shall be charged for pick up and disposal. Sec. 10-35. Illegal Dumping of Live or Deceased Animals. It is unlawful for any person to dump/abandon/leave an animal alive or deceased on any public property including the City of Nederland Animal Shelter. A fine of not less than $200.00 nor more than $500.00 shall be assessed for the violation of this section. Sec. 10-36. Selling or Giving Away Puppies or Kittens in a Public Venue. It shall be unlawful for anyone to give away, sell, trade, raffle or border any live animal in a public parking lot, road or alley way, or on private property without the written consent of the property owner. This ordinance also covers flee markets, and swap meets. The only exemption to this ordinance is a legitimate 501(c)(3) non-profit humane organization registered with the City doing offsite adoptions. The fine for this violation is $250.00 for the first violation and $500.00 for every violation thereafter. Each animal shall constitutes a separate offense. Sec. 10-37. Operating a Commercial Kennel in a Residentially Zoned Area. It shall be unlawful to operate a kennel where animals are being bred or raised for sale, within a residentially zoned area, without a permit from the Animal Control Department. This 15 Exhibit "A" — Code of Ordinances Chapter 10 Animals permit shall only allow a maximum of five (5) producing females per location. Breeder permits are renewable annually at a cost of $100.00, and the ACO/LRCA shall have the right to inspect the premises at any reasonable hour. The fine for this ordinance violation is $500.00 for each offense, with a 7 -day grace period for compliance, to obtain the permit or remove the animals from the location, before the second violation may be cited. Sec. 10-38. Animal Unattended in a Vehicle. It shall be unlawful to leave any animal unattended in a vehicle, on/in any public road, street, right-of–way and/or parking lot, when the ambient temperature is at or above 70 degrees Fahrenheit. This offense actually constitutes animal cruelty and may be filed as such under 42.092 (a) 1 &3. of the Texas Penal Code. The ACO/PO attending this violation shall have total discretion to enter the vehicle by whatever means necessary to remove the animal that is found to be in distress and/or endangered. The fine for this violation is a minimum $250.00 and maximum $500.00 per animal. Secs. 10-39-10-45. Reserved ARTICLE III. BEES Sec. 10-46. Maximum Number of Hives. BEES do not fall under the requirements of ACO/LRCA as they are not involved in rabies control. State Law reference Bees and honey, V. T. C.A., Agriculture Code ch. 131 It shall be unlawful for any person or family to keep more than three hives of bees within the city limits. The maximum number of hives upon any premises shall not exceed three in number. Sec. 10-47. Location Near Business or Residence. It shall be unlawful for any person or family to use lots, blocks or tracts of land in the city for the keeping of bees within a distance of 50 feet of a neighboring property line on which a residence or business is located on the property. Sec. 10-48. Location of Hives Near Streets. It shall be unlawful for any person or family to keep beehives within 50 feet from the dedicated roads or streets in the city. 16 ORDINANCE NO. 2015-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS REVISING CHAPTER 110 (VEHICLES FOR HIRE) OF THE CITY CODE OF ORDINANCES; PROVIDING REGULATIONS FOR THE OPERATION OF TAXICABS AND TRANSPORTATION NETWORK COMPANIES; PROVIDING FOR REPEAL OF ALL ORDINANCES AND POLICIES IN CONFLICT OR PARTS OF ORDINANCES AND POLICIES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a number of Nederland citizens rely on modes of transportation other than their own private vehicle, including those who are not able to drive a car, those who choose not to own a car, and those who have been drinking and should not operate a vehicle; and WHEREAS, the Nederland City Council finds that it has a compelling interest in managing public safety via vehicle for hire ordinances; and WHEREAS, the City Council deems it necessary and in the public interest of the City to amend Chapter 110 (Vehicles for Hire) of the Code of Ordinances, as set forth herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: Section 1. Chapter 110 (Vehicles for Hire) of the Code of Ordinances of the City of Nederland is revised in Exhibit "A." Section 2. All ordinances, or parts of ordinances, or policies or parts of policies in conflict with this ordinance, are hereby repealed, to the extent of conflict only. Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to a particular set of persons or circumstances should for any person be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this Ordinance are declared to be severable. Section 4. 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 S. This ordinance shall become effective from and after its passage and publication as provided by law. PASSED AND APPROVED by the City Council of the City of Nederland this the 14th day of September, 2015. i R. A. Nugent, yor City of Nederland, Texas ATTEST: bay Fer son, City rk APPROVED AS TO FORM AND LEGALITY: Jess Bra is ,City Attorney Chapter 110 - VEHICLES FOR HIRE ARTICLE I. - IN GENERAL Secs. 110-1-110-25. Reserved. ARTICLE Il. -TAXICABS DIVISION 1. - GENERALLY Sec. 110-26. 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 indicates a different meaning: Chiupolice. The duly appointed chief of the police department or his/her designee. City Clerk. The duly appointed city of clerk of the City of Nederland. Cruise, cruisinq. The movement of unoccupied taxicabs over the public streets of the city in search of or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. Conduct a taxicab business. Means the use of one or more taxicabs within the corporate limits by the owner thereof, for the purpose of carrying passengers for hire, either by driving the taxicab himself or having the taxicab driven by some other person, provided that this definition shall not apply to any licensed chauffeur hired as a driver by any person holding a permit to conduct a taxicab business in the city. Driver, chauffeur. Any person in actual charge of the operation of a taxicab, whether as owner, or agent, servant or employee of the owner. Inspector of taxicabs. Means a city employee appointed by the city manager to supervise the operation of taxicabs within the city and, from time to time, inspect all such operations. He shall perform the duties prescribed by the article and such other duties as may be prescribed by the city council and the city manager. The inspector shall receive applications for business permits to operate taxicabs and applications for taxi permits. License to operate. Authority granted by the city authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator. Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets of the city, whether as owner or otherwise, except "driver" as herein defined. Page 1 Subterminal. Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi terminal or taxi stand, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. Taxicab. An automobile or motor -propelled vehicle used for transportation of passengers for hire over the public streets of the city, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the city limits, at rates for distance traveled, or for waiting time, or for both, or at rates per hour, per week or per month, which such vehicle is routed to destinations under the direction of the passenger; provided, however, the term "taxicab" shall not apply to motor buses operated within the city under a franchise from the city, over a fixed definite route, nor shall such term apply to motor buses regularly operated in the city along fixed routes to and from points outside the city, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the National Surface Transportation Board. Means any and all vehicles carrying passengers for hire, except motorbuses or motorcoaches operated by bus lines over designated routes in and through the city. This includes vehicles operating under, with, for and/or by a transportation network company. Taximeter. A machine adapted to automatically calculate, at a predetermined rate or rates, and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal. The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the city, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Transportation network company. An organization whether a corporation, partnership, sole proprietor, or other form, that provides on -demand transportation services for compensation using an online - enabled application (app) or platform to connect passengers with drivers. This mode of transportation is regulated as a taxicab. Waiting time. Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination, and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 110-27. Inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the city it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the city clerk or the city manager's designee. Each taxicab shall be required to have the following: (1) The business name, telephone number, and taxicab vehicle permit number shall be permanently affixed to each side of each vehicle. All names and numbers shall be clearly legible from a distance of one hundred (100) feet. Page 2 (2) A chemical fire extinguisher. (3) A customer receipt book. (4) A current state safety inspection certificate. (S) Maximum fee schedules as approved by the city council, as well as other pertinent regulations contained herein, must be displayed in a conspicuous place within the taxicab clearly visible to the passenger(s). (6) A riding capacity of four (4) persons, excluding driver of taxicab. (7) A seat belt for each occupant of the taxicab. (8) Taxicab vehicle permits issued for operation of a taxicab under the terms of this article shall be posted within said taxicab in a conspicuous place. (9) Certificates of insurance meeting the requirements of the insurance provisions of this article. (10)Two-way communication system to provide contact with taxicab base station. (c) No taxicab shall be given a permit unless that taxicab has a valid motor vehicle inspection sticker. Taxicab permits issued to taxicabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is re -inspected and found that it is in a safe condition by the chief of police, who shall paste a paper seal of a type and design approved by the chief of police upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the city without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the city clerk be operated over the streets of the city. (f) Nothing herein, however, shall prevent the city from inspecting any taxicab at anytime and if the city, through its agents or employees, should find that it is in a defective condition, the city clerk or the city manager's designee shall order the use of such taxicab discontinued until the same is approved. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the city clerk and securing approval thereof. Such approval shall be based upon the city clerk having a complete record of such substitution and being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the city clerk to approve said application, the applicant may, within ten (10) days thereafter, appeal in writing to the city manager (or his designee). Sec. 110-28. - Cruising. (a) No taxicab driver shall cruise in search of passengers at any time, and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed, or to the permittee's nearest taxicab office or lot. (b) A taxicab may stop and pick up a passenger after having been flagged down by the passenger on the taxicab's return, via the most direct route to its taxicab office. The taxicab must be vacant of passengers and may only stop where it is safe for both the passenger and traffic as a whole. Page 3 Sec. 110-29. Parking. It shall be unlawful for the holder of any permit issued under this article or the agent, servant or employee of such permittee to park or leave standing any taxicab on the streets except while loading and unloading passengers into and from such taxicab. Sec. 110-30. Ownership. It shall be unlawful for any person conducting a taxicab business to use or operate or cause to be used or operated as a taxicab any vehicle not owned by him. Sec. 110-31. Exemptions. This article shall not apply to passenger buses in operation under the requirements of the state railroad commissions and coming into or passing through the city for the purpose of loading and unloading passengers. Sec. 110-32. Violations. Any person who shall conduct a taxicab business without a valid permit as required by this article or who shall fail to have all vehicles used by him as a taxicab lettered and painted as provided in section 110-48 or who shall use or employ as a driver of any taxicab owned by him any person who does not have a valid permit from the city to drive a taxicab or any person who parks or stands a taxicab on the streets, except when loading or unloading passengers, or any person who violates any section of this article shall be guilty of a misdemeanor. Sec. 110-33. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more passengers than the vehicle is rated to carry in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Sec. 110-34. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional passengers shall be picked up or permitted to ride in a taxicab on the same trip. Sec. 110-35. Maximum driving hours. It shall be unlawful for the driver of any taxicab to be in charge of the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be on continuous duty, as a driver, for a greater period than twelve (12) hours. Sec. 110-36. Soliciting patrons. Page 4 (a) It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage," or "hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the city. (b) It shall be unlawful for any driver or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any taxicab over, through, or on any public street or public place of the city, or while same is parked on any public street or alley of the city, or to repeatedly or persistently drive any taxicab through, over, or on any public street or place of the city, except in response to calls by patrons for such taxicab or while actually transporting passengers therein. Sec. 110-37. Property left in taxicabs. (a) All drivers of taxicabs shall promptly deliver to the city clerk at city hall all property left in such vehicles by passengers. (b) When articles left in taxicabs have been delivered to the office of the city clerk, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. Sec. 110-38. Taxicab business permit holder's responsibility and taxicab driver's responsibility. (a) Taxicab business permit holder's responsibility. (1) Every taxicab business permit holder shall be responsible for the actions of any taxicab driver or other employee operating under his permit. (2) Every taxicab business permit holder shall provide to the director his current residential and business telephone number at which he or his authorized agent may be contacted. (3) Every taxicab business owner shall have each vehicle listed in their permit inspected every six months by a state inspection station. The motor vehicle inspection sticker attached to the windshield shall be dated and have a description of the vehicle. (4) It shall be unlawful for any taxicab business permit holder to allow any taxicab operating under that taxicab business permit to be driven or operated by any person that does not possess a taxicab driver's permit. (5) Taxicab business employees shall notify any requestor of taxicab service of the rate or fee that would be charged for such service prior to the provision of such service. This proposed rate shall not exceed the rates prescribed by this article. (b) Taxicab driver's responsibility. (1) Section 114-81 and appendix A of this article which is on file in the city clerk's office, as well as other pertinent regulations determined by the director, which has been provided by the city, shall be displayed in a conspicuous place within the taxicab clearly visible to the passengers and shall be made available to the passengers upon request. (2) It shall be unlawful for the driver of any taxicab to refuse to give a receipt upon the request of any passenger, after having received full payment for the fare. Page 5 (3) It shall be unlawful for any person to drive or operate any taxicab for more than 12 hours in any 24-hour period without an eight-hour rest period. (4) A taxicab driver shall not refuse to convey a person who requests service unless: a. the person is disorderly, b. the driver has probable cause to believe that the person is engaged in unlawful conduct, c. the driver is in fear of his personal safety, d. the driver is engaged in answering a previous request for service, e. there exists extreme adverse weather conditions that would not be conducive to safe driving. (S) No driver or operator shall knowingly, without duress, provide transportation for any person in furtherance of the commission of a criminal offense. (6) No person shall drive or operate a taxicab while under the influence of intoxicants, drugs or other incapacitation which renders such driver unable to drive such vehicle properly and safely. (7) A driver shall carry a passenger to his destination by the most direct route available, unless otherwise directed by the passenger. (8) No driver shall permit more than four persons to be carried as passengers in the taxicab and, in no event, shall more than one person, in addition to the driver, be allowed in the front seat of such taxicab. (9) When a taxicab is engaged, the passenger shall have the exclusive right to the full and free use of the passenger compartment, and it shall be unlawful for the owner or driver of the taxicab to solicit or carry additional passengers therein, except with the consent of the first passenger. (10)lt shall be unlawful for any person to drive or operate a taxicab unless they possess a taxicab driver's permit issued by the director. (11)It shall be the responsibility of each driver to ensure that the taxicab is reasonably clean and sanitary. Secs. 110-39-110-45. - Reserved. DIVISION 2. – PERMITS Sec. 110-46. Taxicab Permit. (a) Required. It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any taxicab upon or over any street in the city unless there has been obtained by the owner of and for such taxicab, a permit therefore issued by the city, which is in full force and effect. (b) Certificate of necessity required. No permit to operate taxicabs shall be issued by the city until the city council shall, after a hearing duly had, declare by certificate that the public convenience and necessity require the proposed taxicab service for which application for a permit is made. (c) Determining necessity. In determining whether public convenience and necessity require the licensing of such taxicabs for which application is made, the city council shall take into consideration whether the demands for public convenience and necessity require such proposed or such additional taxicab service within the city; the financial responsibility of the applicant; the number, kind, type and ownership of equipment; the increased traffic congestion on the streets which may result; and whether the safe use of the public streets by the public, both vehicular and pedestrian, will be unduly endangered by the granting of such additional permit; and such other relevant facts as the city council Page 6 may deem advisable or necessary, which may throw light on the public necessity and convenience. In connection therewith: (1) The number of permanent taxicabs in the city shall be limited to a number equal to one per 10,000 in population for the City of Nederland and the city shall not issue any license or permit which would permit the operation of taxicabs in excess of such number. For the purposes of this section, a major fraction of 10,000 shall be construed sufficient to warrant an additional taxicab; and (2) The city clerk department is hereby charged with the responsibility of determining the yearly population of the city, which determination is to be made in a report by the city clerk on or after January 1St of each year. (3) The city shall not increase the number of taxicab licenses or permits until such population report has been received by the city clerk department, and only then if the population report warrants the increase as per this section. The number of taxicabs allowed under this section on August 24, 2015, is two. (d) Application; hearing. Any applicant for a taxicab permit under the provision of this section, shall make proper application therefor on blanks to be furnished by the inspector of taxicabs. Immediately, upon filing of such application, the inspector of taxicabs shall cause a notice to be published in the official newspaper of the city, the cost of which shall be advanced in full by the applicant. The notice shall state that application has been filed for a taxicab permit, setting forth the name of the applicant, kind of equipment, and ownership of the same, and all other pertinent data set forth in the application which the city council may deem necessary. Such publication shall constitute a notice to all holders of existing taxicab permits that a public hearing will be held by the city council at a public place in the city, to be the designated time given in the notice. The designated time shall not be less than five business days nor more than 15 business days after the date of the first publication of the notice, and the notice shall be published on two consecutive weeks at the taxicab owner's expense. All holders of taxicab permits or any other citizens shall thereupon be entitled to file any complaints or protests that the party may see fit. In all such hearings the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that the public convenience and necessity require such operation of the vehicles for which application has been made. (e) Issuance of certificate. If the city council finds from investigation and hearing that the public convenience and necessity justify the operation of the vehicles for which the permit is desired, the taxicab inspector shall notify the applicant of finding, and, within five days thereafter, the applicant shall furnish to the inspector of taxicabs all relevant information which may be required. If the inspector of taxicabs then finds that the applicant is the owner of the vehicles for which the permit is desired, as the term "owner" is defined in this article, such inspector shall require of such applicant a policy of insurance as provided in this article. If such inspector shall further find that such policy of insurance has been filed, and approved as provided in this article, and such vehicles comply with, and the applicant has complied with, all relevant ordinances of the city, and all of the rules and regulations established to more effectively carry out the purpose and intent of this article, the inspector shall issue a written certificate to the city clerk certifying that the public convenience and necessity require the operation of such taxicabs, or any less number thereof which the applicant desires and proposes to operate, and that the applicant is entitled to have such vehicles permitted as taxicabs upon complying with all other provisions of this article. Page 7 (f) Denial of certificate. If the city council finds as a result of the investigation and hearing required by this article, that the public convenience and necessity do not justify the operation of the taxicab for which a permit is desired, the inspector of taxicabs shall forthwith notify the applicant of such a finding. Sec. 110-47. Condition and equipment of vehicles. All taxicabs operated in the city shall be four -door models in first class running condition and shall be equipped with proper brakes, lighting systems, air conditioning/heating, and other equipment necessary to stay in good running condition, and the inside thereof shall be kept clean and sanitary, and shall not be older than ten years. Sec. 110-48. Identification of taxicab. Every taxicab shall have painted on the door thereof the name of the owner or the trade name under which the owner operates, together with the owner's telephone number and the cab number. The letter mentioned in this section shall be not less than 2 %2 inches in height and not less than 5/16 of an inch stroke. Sec. 110-49. Taxicab driver's standards. (a) It shall be unlawful for any person to drive or operate a taxicab unless they have a taxicab driver's permit issued by the city. (b) A person desiring the issuance of a taxicab driver's permit shall make written application to the city upon a form furnished by the city clerk, which form shall contain the following information: (1) Full name and date of birth. (2) Residence address and telephone number. (3) The length of present residence of the applicant. (4) State driver's license number and expiration date. (5) Name of the taxicab business at which the applicant proposes to be employed. (6) The experience the applicant has had in driving a taxicab. (7) Whether the applicant has been convicted of a felony or misdemeanor. (8) Whether the applicant has read in full and understands all applicable provisions of this article. (9) Signature of applicant asserting the above information to be true and correct. (c) The chief of police shall make an investigation of the character, experience and qualifications of an applicant for a taxicab driver's permit. Such investigation shall contain, but is not limited to the following: (1) Full name, residence address, height, weight, eye color, hair color, body and facial marks, physical defects. (2) Full fingerprints. (3) Photograph, both front and side view. (4) Driver's license record. Page 8 (5) Local criminal record check. (6) Current criminal history report. (d) Any of the following criteria shall require denial or revocation of a taxicab driver's permit: (subject to denial or revocation) (1) The applicant has made any materially false or inaccurate statement on the application for such permit; (2) The applicant has three or more final convictions for violation of any class C misdemeanor traffic laws or ordinances (not to include parking violations) within a 12 -month period immediately preceding the date of application or during the term of the permit; (3) The applicant has been convicted of: a. Any "offense against the person" as delineated in V.T.C.A., Texas Penal Code Tit. 5 (this provision also pertains to lesser included offenses). b. Any "offense against the family" as delineated in V.T.C.A., Texas Penal Code Tit. 6 (this provisions also pertains to lesser included offenses). c. Robbery. d. Burglary. e. Any crime involving moral turpitude. f. Any other felony in which the date of conviction and/or release from confinement or deferred adjudication is MORE than five years. g. Any other misdemeanor in which the date of conviction and/or release from confinement or deferred adjudication is MORE than three years. (4) The applicant has been convicted of any crime pertaining to the operation of a motor vehicle, within the three years immediately preceding the date of the application or during the term of the permit; ??? (5) Whether the applicant now stands charged with the commission of a felony or misdemeanor; (6) The applicant has had a taxicab driver's permit revoked within the two years immediately preceding the date of application or during the term of the permit. (e) If the director determines that the applicant is qualified to drive or operate a taxicab within the city consistent with such requirements, he shall issue a taxicab driver's permit. (f) If the chief of police verifies that an applicant has been convicted of an offense which requires him to register as a sex offender pursuant to V.T.C.A., Code of Criminal Procedure Ch. 62, he shall immediately disqualify said applicant from consideration. (g) Once a permit has been issued, the chief of police is required to perform an annual criminal background check on all taxicab permit holders. (h) If the chief of police verifies that a current permit holder has been convicted of an offense which requires him to register as a sex offender pursuant to V.T.C.A., Code of Criminal Procedure Ch. 62, he shall immediately notify the city manager and conduct a hearing in connection with the suspension or revocation of the existing taxicab permit. (i) Appeal from an adverse decision by the chief of police and/or the city clerk shall be made in writing to the city manager within ten business days of such decision. The city manager shall review the investigation. He may, in his discretion, hold a hearing upon written notice to the appealing party. Page 9 The city manager shall make a written decision upholding or reversing the decision of the director. The decision of the city manager may be appealed to the city council whose decision shall be final. Sec. 110-50. Issuance of taxicab permit. Upon compliance with all provisions of this article, and subject to all such provisions, the city secretary shall issue the taxicab company permit applied for under this article. Sec. 110-51. Content of permit. A taxicab company permit issued under this article shall be signed by the city secretary and it shall state the following information: (1) The year for which the license is issued. (2) The name and address of the owner of the vehicle. (3) The vehicle license fee for each vehicle owned by the taxicab company has been paid. (4) The amount of the taxicab company license fee paid. (5) The make, vehicle identification number and current license number of the vehicles to be used by the taxicab company. (6) The address of the taxicab company's taxicab stand. (7) The current telephone number of the taxicab company at its taxicab stand. Sec. 110-52. Application for taxi operator's permit. Before any person shall conduct a taxicab business in the city he shall file with the city clerk an application to the city council for a permit to conduct such business. (Ord. No. 20, § 3, 3-29-43) (a) Contents. Any person desiring to obtain the taxi operator's permit required by this article shall file with the inspector of taxicabs an application therefor on blanks to be furnished by the inspector, giving the following information: (1) His name, age and present address (2) Proof that the driver has a valid chauffeur's license issued by the state (3) A statement and proof satisfactory to the taxicab inspector that there is no proceeding pending to revoke his chauffeur's license and that he has never been convicted of a violation of a motor vehicle, traffic or criminal law of the city, or the state, giving particulars of each offense charge (4) Two photographs (5) A signed statement giving his consent to a local criminal records check and driver's and owner's history check (b) Duration of permit. A taxi operator's permit shall last one year from issuance, which period shall not be expanded by any suspension of the permit or until January 1 of the year following the date of issuance. (c) Background check. A statement and proof satisfactory to the taxicab inspector that there is no proceeding pending to revoke his chauffeur's license and that he has not been convicted of a felony or a misdemeanor involving moral turpitude within three years immediately preceding the date of Page 10 such application, nor been on probation or parole therefor within three years immediately preceding the date of such application. Sec. 110-53. Issuance or refusal of certificate of competence. (a) If the inspector of taxicabs finds that an applicant for a taxi operator's permit should be granted such permit, the inspector shall issue a written certificate of competence to the city secretary certifying such fact, and recommending the issuance of a taxi operator's permit. (b) If the inspector finds from the investigation that the applicant is not qualified to drive a taxicab, and should be refused a taxi operator's permit, he shall notify the applicant of such finding forthwith. In such a case, it shall be the duty of the inspector of taxicabs to refuse to issue a certificate of competence for a taxi operator's permit. (c) The city manager upon receiving when an application for a permit required under this division shall submit the application to the city council for action by no later than the second regular meeting of the city council following the filing of such application. The city council may grant or refuse such permit as in its discretion may seem to the best interest of the citizenship of the city and the public in general. Sec. 110-54. Issuance of taxi operator's permit; fee. Upon compliance with all provisions of this article, and subject to all such provisions, the city clerk shall issue a taxi operator's permit to such applicant. All permits for the conduct of a taxicab business in the city shall be issued and signed by the city secretary and sealed with the seal of his office; each permit shall be dated on the day of its issuance. Sec. 110-55. Taxicab office. (a) The use of any street, alley, sidewalk, public thoroughfare, or public property, wherever situated within the city, as a taxicab office, or as a place of business for owners or operators of taxicabs to receive calls for taxicab service, or from which to dispatch taxicabs, or as a place for a taxicab office, or a place to assemble or habitually park taxicabs when awaiting calls for service, is prohibited and declared unlawful. (b) All taxicab companies licensed under the provisions of this article shall maintain an off-street taxicab office. (c) Application for taxicab office shall be approved by the city council at a public hearing. Application should contain the street and office address, a description of the structure and facilities to be provided at the office and written permission of the property owner where such office will be located. (d) A permit for an office shall be in force and effect as long as any conditions imposed by the city council continue to exist and the requirements continue to be met. If any conditions cease to be met, the permit shall be automatically suspended until such conditions are met. Sec. 110-56. Fees. Page 11 At the time issuance of a permit required under this division, the permittee shall pay to the city clerk the sum of $10.00 for the first vehicle, and if more than one vehicle is proposed to be operated as a taxicab, $5.00 for each additional vehicle. At the time of the issuance of the permit, the permittee shall file with the city clerk a statement in writing under oath signed by him showing the number of vehicles proposed to be operated by him, the make, model, motor number and state license number of each. If at any time the holder of a taxicab permit shall desire to use any additional vehicles under the permit, he may do so only after he has made application to the city council for and been granted a permit to use such additional vehicles, and he shall furnish to the clerk the same information regarding such additional vehicle as is required in this section regarding those covered by the original permit, and shall pay to the city clerk the sum of $5.00 for such additional vehicle. Sec. 110-57. Insurance. (a) Before any permit to operate a taxicab shall be issued or renewed under this article, the owner shall be required to file with the city secretary, and thereafter keep in full force and effect, a policy of public liability insurance approved by the city manager executed by an insurance company duly authorized to do business in the state, and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle. (b) The minimum amount of recovery in a policy of insurance required by this article shall be the amount established by the state statutes under the Texas Safety Responsibility Act or amendments thereto. (c) In the event of the return unsatisfied of any execution issued on any final judgement rendered against any holder of a taxicab permit issued pursuant to this article, in any suit for damages on account of injury to person or property occasioned by the operation of any such taxicab, such permit holder, within ten days after the return of such execution unsatisfied, provided that such judgement is still unpaid, shall increase the amount of his insurance by the amount of such judgement, and, failing to do so, shall forthwith automatically cease the operation of taxicabs in the city until such additional insurance is deposited, or such judgement is paid. (d) All policies of public liability insurance filed pursuant to this article shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. (e) Neither the city or any officer thereof shall be held liable for the pecuniary responsibility or solvency of any insurer of taxicabs, or in any manner become liable for any sum on account of any such claim or act or omission relating to any such taxicab, nor shall the liability of the owner of any taxicab or his insurer be in any manner limited or changed in connection with this article or such license or security. (f) If any insurer of taxicabs desires to be released from any insurance policy filed pursuant to this article, such company shall give written notice of such desire to the inspector of taxicabs at least ten days before it desires its liability released, and the inspector of taxicabs shall thereupon give written notice by personal delivery or by mail to any such licensee, and demand that the licensee furnish new assurance by the expiration of the ten-day period provided for in this subsection. (g) The inspector of taxicabs shall then discharge such insurer from any liability which shall accrue after the time of approval of the new policy filed by the licensee, or shall discharge such insurer after the expiration of such ten-day period. Page 12 (h) If any policy of insurance filed under this article is cancelled upon the request of the surety or insurer and no insurance policy is filed by the licensee before the cancellation of the original assurance, the permit to operate taxicabs granted to the permittee shall be automatically revoked. Sec. 110-58. Ad valorem taxes. (a) Payment required; delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the city to pay all ad valorem taxes assessed by the city against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a reason for revocation of the permit issued in accordance with this article. (b) Operation without payment unlawful. No owner or operator of a taxicab shall engage in the transportation of persons by taxicab at any time within the city when the ad valorem taxes assessed against his taxi terminals, stands,.taxicabs or taxicab equipment are delinquent. Sec. 110-59. Identification. Every holder of a permit granted under the terms of this division shall have to keep painted in fast colors, contrasting with the color of the vehicle, on each side of each and every vehicle used by him as a taxicab, the words: "Taxi," "Permit No. filling the blank with the figures denoting the serial number of his permit. The letters and figures shall be not less than five inches in height. Sec. 110-60. Transferability; revocation. Any permit issued under this division shall be nonassignable, and may be revoked by the city council at any time it shall appear to the city council that the permittee has violated any section of this division or failed to comply with any requirements of this division. DIVISION 3. RATES AND FARES Sec. 110-61. Taximeters. (a) Required. All holders of permits for taxicabs operating upon the streets in the city shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates established in this article, and such taximeters shall be subject to inspection at any time by the city or its employees. (b) To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. Sec. 110-62. Amounts; regulations. (a) Authority to fix. The city council shall have the right to change or establish the rates and fares to be charged by taxicabs in the city at any time it deems necessary. Page 13 (b) Schedule. Unless otherwise changed by the city council, the following taxicab rates and fares shall be effective in the city: (1) The rate or fare of either one or two (2) passengers shall be two dollars seventy-five cents ($2.75) for the first one-tenth (1/10) mile or fraction thereof and twenty cents ($0.20) for each one-tenth (1/10) mile or fraction thereof traveled thereafter. The rate for additional passengers shall be one dollar ($1.00) per passenger, not to exceed the vehicle's maximum seating capacity, according to trade rating. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be thirty cents ($0.30). (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour. For each quarter hour in excess of each completed hour, the rate shall be three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is so engaged. (c) Posting. There shall be posted, in a conspicuous place in a frame with a transparent cover, on the inside of each taxicab, a card showing the rates herein prescribed; such card shall be posted in a place easily discovered and read by any passenger riding in such taxicab. (d) It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. (e) The permit holder shall be required to install and adequately maintain a system of bookkeeping which is subject to the approval of the finance officer of the city, which books shall be subject to inspection of such person as the city manager may designate, to verify the accuracy of amounts that may be due the city. Any neglect, omission or refusal by the permit holder to do so shall act as a forfeiture of such permit. Page 14 WORK AUTHORIZATION Project Name: City of Nederland -- ArcGIS Server Implementation Contract Reference: General Services Contract between the City of Nederland and Carroll & Blackman, Inc. The City of Nederland authorizes Carroll & Blackman, Inc. to perform the following tasks in connection with the City of Nederland - Geographical Information System (GIS) for Public Works. Scope of Services: The detailed scope is outlined in Attachment A Cost of Services: The proposed scope will be compensated for on a time and materials (hourly) basis with a services estimate of $13,248.25, not to be exceeded without prior authorization by the City of Nederland. Hourly rates will be billed according to the attached Engineering Fee schedule. Qualifications: The services estimate is based on the scope which is outlined in Attachment A. Any change in scope may necessitate a supplement to this work authorization. Carroll & Blackman, Inc. (!tv of N erland Authorized By: epted y: Date: Date: 6, and Applications �unvnary , City of Nederland, DD7 Server Software implementation Software Licensing $ 6,936.25 ArcGIS, SQL Server, Active Reports, DevCraft, Visual Studios implementation $ 3,900,00 Total Cost Per Entity 10,83&2S (Cost(s) Based on 4 Participants) Hosting Equipment and Software Maintenance Items Annual Cost Year 2 Annual Cost Year 2+ Monthly Server(s), Firewall Hosting ($201.+00 per month per member) $ 2,412.00 $ 2,4 2.00 AreGIS Servet Maintenance $ 1,250.00 $ 3,6"00 (C.ost(s) Based on 4 Participants) Scope of Senates Wlb 615 Mapi*w. Server Arroiiicati� City of Port Neches, City of Groves, OW of Nederland (Cities) and Jefferson County Drainage District No. 7 (DD7) Task 3: Server Hosting and Software Purchases Server hosting,: Carroll & Blackman, Inc. has leased a primary web application server and one backup server located in Austin, Texas and an additional offSlte backup server located In Miami, Florida from Hostway Corporation for the purposes of hosting ArcGIS Server Web Applications (®mine Interactive Maps) for the Cities and Dal. The ongoing costs for leasing of these servers will be shared equally by the four project partners and will be paid directly to Carroll & Blackman, Inc, as reimbursement for leasing and or hosting fees Carroll & Blackman, Inc. pays Hostway Corporation. Carroll & Blackman, Inc. will be solely responsible for the hosting services agreement between Carroll & Blackman, ink. and Hostway Corporation including any disputes, claims, arbitration or liabilities that are directly related to the agreement between Carroll & Blackman, Inc. and Hostway Corporation. Carroll & Blackman, Inc. will also provide contlnuous access to full backup of all source code, web application flies and data related to each project partners ArcaGiS Server Web Application. To prevent loss of significant amounts of data Carroll & Blackman, Inc. will also retain a local copy of source code, web application flies and data. Carroll & Blackman, Inc. will retain rights to reproduce source code for other similar projects. The source code delivered to the Cities and DD7 Is Intended for each entities sole use. The Data entered or provided by each pro)ect partner will be owned by the Individual project partner entering or providing the data. The data and entire site will be automatically copied for backup purposes to the two mentioned backup servers. All data entered will be saved on a continuous basis to the SQL Server Database as it is entered into the web application. Each site and/or web application produced under this agreement will allow unlimited users for each entity. It Is expected that the current server configuration can handle hundreds of concurrent users before degrading performance. Purchasing of software: Carroll & Blackman, Inc. will purchase software products to be installed on the web application server that are necessary to produce ArcGIS Server Web Applications. The following table lists the software to be purchased and installed on the web application server. Shared Software Purchase Costs (One Time Pumhase) City of Clay of Port City of Software Products Nederland Neches Grows 0D7 Total Cost Microsoft SQL Server 2014 Standard $797.25 $797.25 $797.25 $797.25 $3,189.00 ESRI ArcGIS for Server Standard Enterprise $51000.00 $5,000.00 $5,000.40 $5,000.00 $20,000.00 Active Reports 8 Professional $514.25 5514.25 $514.25 $514.25 $2,057.00 Telirik Rad Controls Dev Craft Ultimate $499.75 $499.75 $499.75 $499.75 511999.00 Microsoft Visual Studios 2014 Professional $125.00 $125.00 $125.00 $125.40 $500.00 Total Costs $►6,936.25 $6,936.25 $6,936.25 $6,936.25 $27,745.00 As reflected in the above table the software purchase price will be divided equally amongst the project partners. Carroll & Blackman, Inc. will purchase the software directly and be reimbursed for the cost as indicated In the table above. Carroll & Blackman, Inc, will install each of the software products onto the web application server In preparation for Implementation of each entities ArcGIS Web Appilcation. TaA 2: Implementation Carroll & Blackman, Inc. will collect GIS data layers, data and files from each of the participating project partners In order to upioad the data to the web application server. In order to accomplish implementation of the project within the proposed budget and total project tlrneframe, data collection will be completed within 45 days of the start of the project. Each entity will be given opportunity to provide GiS layers and data during this time period. Data can be provided via external hard drive or ether portable data storage media to Carroll & Blackman, Inc. Data and GIS Layers will be updated In subsequent projects under separate agreement according to a schedule deemed appropriate by the project partners. Development of ArcGIS Web Applications: Carroll & Blackman, Inc, will then create a web application for each entity utilizing ESRI ArcGIS for Server and provide each entity with a secure login and web address for accessing the web applications. It is expected that the web applications will be created and available within 90 days of the start of the project. The data provided by the project partners will be coalesced into a SQL Server Geodatabase utilizing Microsoft SQL Server 2014 Standard edition. The web applications will be built utilizing a combination of Microsoft Visual Studios, Tellrik Rad Controls, and Active Reports 8 Professional, The coding languages for the source code will include a combination of VB.Net, ASP.Net, HTML, XML and Java Script code. Product Delivery and Training: Upon completion of the web application development for each entity, Carroll & Blackman, Inc. will conduct a training session for each entity including how to access and utilize the ArcGIS web applications. The training will be held on site and will include the distribution of 5 users manuals for each entity to retain and utilize. The webmaster for each entities website will be sent a web address such that a link may be added to each entities website for convenient access to the web application. The training sessions will be scheduled with each participating project partner within 30 days of the web application completion. ORDINANCE NO. 2015-15 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. 2014-15. 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 Systems. 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 number responsible for the payment of f) address to be served utility service g) address, if different from the service b) the social security number of the address, to which bills are to be sent individual responsible for payment h) home telephone number c) the driver's license number i) the signature of the individual d) the applicant's employer responsible for payment e) the applicant's work phone j) proof of identification 2. The person responsible for the payment of utility service shall agree that he/she will abide by all ordinances, rules, policies, and/or regulations governing water and sewer service provided by the CITY. SECTION 4. Installation of Service. 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. SECTIONS. Water Connection/Taps. 1. The CITY reserves the right to tap existing CITY water lines, set water meters, and require use of CITY taps and meters. 2. Any individual or business desiring a water tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing water line and/or water system, the CITY shall provide all materials, labor and equipment to tap the existing water line. 3. The CITY shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: 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 it -lot $200.00 $ 300.00 111-20' 375.00 550.00 211-301 525.00 675.00 311-401 700.00 875.00 411-501 850.00 11050.00 5. In return for payment of such fee, the CITY shall tap the existing water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection /Taps. 1. The CITY reserves the right to tap existing CITY sewer lines. 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 (No Street Excavation) $ 200.00 300.00 400.00 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap Outside City (No Street Excavation) $300.00 450.00 600.00 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 Y2 " Water Tap 650.00 975.00 2" Water Tap 1,400.00 21100.00 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 it -lot $200.00 $ 300.00 111-20' 375.00 550.00 211-301 525.00 675.00 311-401 700.00 875.00 411-501 850.00 11050.00 5. In return for payment of such fee, the CITY shall tap the existing water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 7. SECTION 6. Sewer Connection /Taps. 1. The CITY reserves the right to tap existing CITY sewer lines. 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 (No Street Excavation) $ 200.00 300.00 400.00 4" Sewer Tap 6" Sewer Tap 8" Sewer Tap Outside City (No Street Excavation) $300.00 450.00 600.00 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 it -lot $200.00 $ 300.00 111-201 375.00 550.00 211-301 525.00 675.00 311-401 700.00 875.00 411-50' 850.00 1,050.00 SECTION 7. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes residential rental property in renter/tenant's name): Inside Citv Outside Citv 3/4" and Smaller Water Meter $100.00 $100.00 1" Water Meter 150.00 150.00 1 Y " Water Meter 200.00 200.00 1 % " 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 Citv 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. Or the renter/tenant/property that has trash/solid waste left at a property after the utility account was closed in the past twelve months. 3. In order to be provided with an additional garbage container, which shall be limited to one additional garbage container per residential account (two total) and three additional per commercial account (four total), an applicant shall be required to pay an additional deposit of $75.00 per additional container. 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 S. 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, as well all trash has been cleared from the property in accordance with this ordinance and the garbage cans have been collected. 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 forty-eight (48) 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 - Outstandina Balance. Any applicant requesting water service from the CITY who currently has or 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)* $ 9.95 $ 14.45 Each additional 1,000 gallons** (up to 2.85 4.60 50,000 gallons) Each additional 1,000 gallons above 2.86 4.61 50,000 gallons Water Line Maintenance — 0.33 0.33 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. The City may permit contractors engaged by the City for City construction project to utilize potable (bulk water) with the permission of the Public Works Director and the City Manager. Otherwise, no bulk water sales are permitted. SECTION 11. Sewer Rates. The following monthly rates shall be charged for sewer service: Inside Citv Outside Citv First 2,000 Gallons (minimum)* $ 9.10 $ 14.90 Each additional 1,000 gallons** (up to 3.00 4.45 50,000 gallons) Each additional 1,000 gallons above 3.01 4.46 501000 gallons Sewer Line Maintenance — 0.33 0.33 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. Garbaqe Rates. RESIDENTIAL ACCOUNTS All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rate (per month) $ 19.45 + sales tax* Additional Container** $ 8.65 + sales tax* COMMERCIAL ACCOUNTS Businesses inside the CITY limits may elect to utilize the CITY garbage service in accordance with the following schedule: Inside City Rate (per month) $ 19.45 + sales tax* Each Additional Container** $ 10.00 + sales tax* No more than 3 additional containers Businesses inside the CITY limits may elect to utilize the CITY garbage service and not receive twice a month trash service in accordance with the following schedule: Inside City Rate (per month) $ 12.45 + sales tax* Each Additional Container** $ 10.00 + sales tax* No more than 3 additional containers * Sales tax shall be in an amount required by law **Customers requesting additional containers must have sufficient space on their residential or business lot to accommodate the necessary spacing. The City Manager or his designee have the authority to decide whether a customer has sufficient space. The Public Works Director may require any residential or commercial generator who regularly exceeds the provided garbage can load and/or weight capacity within a collection period, or any customer who regularly generates refuse requiring special handling to use a private commercial disposal system or to make other approved disposal arrangements. Garbage bags will be available at City Hall for purchase by customers. The fee for garbage bags is $7.00 per roll of bags. 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 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) business days shall be granted. SECTION 14. Delinauency - 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. A final notice via telephone call or mail shall be sent to the customer 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. 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, the following fees shall be assessed: 1St offense - $100 and 2"d and/or subsequent offense - $250. 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 final bill of the transferred account 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. S. Should a customer have two (2) or more checks returned due to insufficient funds and/or closed account within a period consisting of twelve (12) consecutive months, the CITY shall no longer accept checks from that individual for a period of 24 months. During the 24 month period, all payments shall subsequently be made in the form of cash, money order, and/or cashier's check. SECTION 18. Temaorary 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 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 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: dates of future payments, amounts of future payments; and 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 Adjustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six 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 Tamperinq. 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. The City shall document the work and add the service fee on the customer's next bill; the next month bill will be the customer's notice. 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. Violations of said policy will be forwarded to the City's Code Enforcement Department for compliance. The City shall not reconnect services until said violation has been resolved by the Code Enforcement Officer and/or Municipal Court. 3. The CITY will provide collection of trash to residential and commercial customers receiving garbage service twice per month. The amount of trash removed shall be limited to four (4) cubic yards per collection. Trash piles greater than the prescribed 4 cubic yards must be removed from the property within ten (10) calendar days or violations may be forwarded to the City's Code Enforcement Department for compliance. If the City's Code Enforcement Officer tags the pile in violation, the City solid waste service shall not pickup that trash. The CITY shall not provide this service to vacant properties or those properties without an active account. Green waste and trash will not be removed if it is co -mingled. 4. Should an owner of property or customer 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 but no less than $20.00 per cubic yard per collection for quantities greater than four cubic yards. Payment must be made to the City prior to the trash being collected. 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. The placement of the trash in quantities greater than four cubic yards shall constitute the owner or customer's request for said service and acceptance of prescribed fees. 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, 2015. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a special meeting this the 14th day of SEPTEMBER, 2015. R. A. Nuge , Md' or City of Nederla , Texas ATTEST: �ayy Ferg &son, City CI k City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: C__ Jes(of nic City Attorney Citde and, Texas CITY OF NEDERLAND ORDINANCE NO. 2015-16 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR t HE ENSUING FISCAL YEAR BEGINNING OCTOBER 19 20159 AND ENDING SEPTEMBER 309 20169 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, 2015 and ending September 30, 2016. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 24, 2015, after notice was published, said Public Hearing was held by the City Council on the proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF t Ihv; CITY OF NEDERLAND, TEXAS: Section 1 - GENERAL FUND,. That there be and is hereby appropriated the sum of Nine million, nine hundred eighty-four thousand, eight hundred sixty dollars and no cents ($9,984,860.00) to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $135900 b. Legal $725800 c. City Manager $436,147 d. Finance $2815497 e. Personnel $2785459 f. Civil Service $49100 g. City Hall $515063 h. Police $354425619 i. Police -Prisoner Extra Help $285897 j. Emergency Management $795064 k. Fire $155145310 1. Fire Volunteers $165250 m. Inspections $2171,175 n. Code Enforcement $865326 o. Public Works Administration $2775162 p. Street Department $150701,047 q. City Shop $1845307 r. Animal Control $1425944 s. Parks & Recreation $6215970 t. Library $453,823 u. Other Requirements $7129000 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, four hundred thirty-nine thousand, seven hundred eighty dollars and no cents ($2,439,780.00) 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 eighty-three thousand, eight hundred dollars and no cents ($4,483,800.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $196571,409 b. Billing/Collections $4091,880 c. Wastewater Treatment $7501,684 d. Water & Sewer Distribution $8405703 e. Other Requirements $8255124 Section 4 — SANITARY SEWER EVALUATION FUND (SSES). That there be and is hereby appropriated the sum of Thirty thousand dollars and no cents ($30,000.00) to the SSES Fund for the payment of operating expenses and necessary capital outlay. Section 5 - SOLID WASTE FUND. That there be and is hereby appropriated the sum of One million, five hundred thirty-four thousand, two hundred dollars and no cents ($1,534,200.00) to the Solid Waste Fund for the payment of operating expenses and necessary capital outlay. Section 6 - EQUIPMENT REPLACEMENT FUND -GENERAL,. That there be and is hereby appropriated the sum of Two hundred thirty-two thousand, seven hundred fifty dollars and no cents ($232,750.00) to the Equipment Replacement Fund -General for the payment of necessary capital outlay. Section 7 - EQUIPMENT REPLACEMENT FUND -WATER & SEWER. That there be and is hereby appropriated the sum of One hundred twenty thousand dollars and no cents ($120,000.00) to the Equipment Replacement Fund -Water & Sewer for the payment of necessary capital outlay. Section 8 - POLICE NARCOTICS FUND,. That there be and is hereby appropriated the sum of Thirty thousand dollars and no cents ($30,000.00) to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 9 - LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of One hundred seven thousand, four hundred ninety dollars and no cents ($107,490.00) to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 10 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Seventy-five thousand nine hundred seven dollars and no cents ($75,907.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 11 — FIRE DEPARTMENT SPECIAL FUND,. That there be and is hereby appropriated the sum of Twenty-five thousand dollars and no cents ($25,000.00) to the Fire Department Special Fund for the payment of operating expenses and necessary capital outlay. Section 12 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Eighty thousand five hundred dollars and no cents ($80,500.00) to the Parks & Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 13 — COURT TECHNOLOGY FUND. That there be and is hereby appropriated the sum of Five thousand five hundred dollars and no cents ($5,500.00) 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 Nine hundred fifteen thousand dollars and no cents ($915,000.00) 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 One million, two hundred ninety-four thousand, four hundred forty-two dollars and no cents ($1,294,442.00) 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, 2015 and ending September 30, 2016. THAT the City Council shall meet and adopt an Ordinance levying on the assessed valuation of the property within the City, subject to the provisions of the Charter and lawful exceptions given by State Law or City Ordinance, a rate of taxation on each One Hundred Dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in this annual budget less the amounts estimated to be received from fines, licenses, and other sources of revenue. THAT any unencumbered funds remaining on hand at the end of the fiscal year ending September 30, 2015, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1, 2015 and ending September 30, 2016, 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 Y t1h 14TH DAY OF SEPTEMBER, 2015. ATTEST: all i-0'�' day Fergus n, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: Jesse ranick ity Attorney City f Ne rland, Texas R. A. Nugent,ejexas City of Nederl ORDINANCE NO. 2015-17 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2015, LEVYING AND ASSESSING TAXES FOR 1 Iii SUPPORT OF i hE CITY OF NEDERLAND AND t Ihh MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS, pursuant to the provisions of the Tax Code of the State of Texas, the tax assessment rolls to be used for the collection of taxes for the captioned year, wherein the value of all property situated within the City of Nederland, subject to ad valorem taxes for the tax year 2015, was fixed by Angela Bellard, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,133,872,083; 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 6.14 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $13.32; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF i rim 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 Angela Bellard, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,133,872,083, shall become the tax assessment rolls of the City of Nederland for the year 2015, less all exemptions provided by either State Law or City ordinance in the amount of $112,331,501. SECTION 2: - That there is hereby levied for the current year, 2015, 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, 2016 upon all property, real, personal, and mixed, within the corporate limits of said City subject to taxation, a tax of 59.1853 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), 38.5689 cents on each one hundred dollars ($100) valuation of property; and (b) For the Interest & Sinking Fund, 20.6164 cents on each one hundred dollars ($100) valuation of property as follows: For the purpose of paying fees, interest and principal of One million, two hundred ninety-three thousand, one hundred twenty-five dollars ($1,293,125.00) on the General Obligation Refunding Bonds, Series 2010, 12.3 819 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of Three hundred thirty-three thousand, seven hundred thirty-two dollars ($333,732.00) on the General Obligation Refunding Bonds, Series 2012, 3.1955 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of Three hundred thirty-one thousand, seven hundred fifty dollars ($331,750.00) on the General Obligation Refunding Bonds, Series 2013, 3.1766 cents on each one hundred dollars ($100) valuation of property. For the purpose of paying fees, interest and principal of One hundred ninety-four thousand, five hundred dollars ($194,500.00) on the Tax and Revenue Certificates of Obligation, Series 2013, 1.8624 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 2015 taxable year, and the amounts collected shall be deposited in the Depository of the City of Nederland, to be distributed in accordance with this Ordinance. SECTION 4: - That if any provision, section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall for any reason be held to be unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance; and to this end all provisions of this ordinance are declared to be severable. PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 14"' DAY OF SEPTEMBER, A.D., 2015. R� A.INugent. ayor City of Neder d, Texas ATTEST: ► � lw 4Gay Fergu n, City Clerk City of Nederland, Texas APPROVED AS TO FORM AND LEGALITY: c Jesse ranic , City Attorney City o ederland, Texas