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July 25, 2016REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p. m. July 2S, 2016 1_ MEETING The meeting was called to order at 4:30 p.m. by Mayor Nugent at the Nederland City Office Building, 207 N. 12« Street, Nederland, Texas_ See attached For quorum. The following statement was posted: 'IPURSUANT TO SECTION 30.07, PENAL BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY_" 2_ INVOCATION AND P -LEDGE OF ALLEGIANCE The invocation and pledge of allegiance were led by Chris E>uque, 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 ncilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Cou ncilmem ber Neal and seconded by Councilmember Austin to approve the Consent Agenda Items a -d as presented_ MOTION CARRIED_ Ayes: Mayor Nugent, Cou ncilmem bars Austin, Neal, Albanese and Belaire. Noes: None. a_ Minutes — June 27, 2016 regular meeting and July 6, 2016 workshop b. June 2016 C)epartmental Reports c. Tax Assessor Collection Report - June 2016 d_ Payments: • LD Construction - $13,561.03, 2016 Flexible Pavement Rehabilitation project • La Biche Architectural Group, Inc. - $39,427.50, Nederland Service Center • Gulf States Protective Coatings, Inc_ - $44,161.70, South Sth Street Water Tower Rehabilitation project • UA Engineering, Inc. - $639_S6, Phase II M54 Permit Implementation Services Minutes Continued, July 25, 2016 4. REGULAR AGENDA a. A motion was made by Councilmember Austin and seconded by Councilmember Neal 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 Mayor Pro Tem Albanese and seconded by Councilmember Neal to approve a lease agreement between the City of Nederland and Adaptive Sports for Kids, Inc. for a long-term use of Doornbos Park. 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 solicitation of bids for the Nederland Swimming Pool Fence 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 Neal to approve final payment and partial release of retainage to Progressive Commercial Aquatics on the Nederland Swimming Pool UV System and Nederland Swimming Pool Resurfacing projects. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. e. A motion was made by Councilmember Belaire and seconded by Councilmember Austin to approve an agreement with Schaumburg & Polk, Inc. for engineering services related to the Holmes Road Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Albanese to approve Change Order #1 of the 2016 Flexible Pavement Rehabilitation project. This change order consists of additional work to be done on 17th Street and overlay of the rebuilt parking lot at the Bob Henson Building for a total of $506,152 or a 17% increase in the contract price. 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 a request from Phillips 66 for an ad valorem tax abatement on 4 - 350,000 barrel tanks and associated infrastructure at a project cost of $75,000,000 and 2 booster pumps at a projected cost of $10,000,000. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. h. A motion was made by Councilmember Austin and seconded by Councilmember Belaire to postpone action on the Wastewater Treatment Plant Operations and Minutes Continued, July 25, 2016 Maintenance Agreement between the City of Nederland and Severn Trent Environmental Services Inc. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. S. EXECUTIVE SESSION The regular meeting was recessed at 5:02 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 Judges. 6. RECONVENE The regular meeting was reconvened at 5:55 by Mayor Nugent. A motion was made by Councilmember Belaire and seconded by Councilmember Austin to adjust Presiding City Judge salary to $1,700.00 per month and the Associate City Judge to $100.00 per month. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: No report was given. S. ADJOURN There being no further business a motion was made by Mayor Pro Tem Albanese and seconded by Councilmember Neal to adjourn the meeting at 6:00 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. R.. Nugent, ayor City of Nederl nd, Texas ATTEST: WD ay Fergus n, City Clerk City of Nederland, Texas CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT R. A. Nugent Mayor �/ Talmadge Austin Council Member— Ward I V Billy Neal Council Member —Ward II V Don Albanese i Council Member —Ward III V Craig Belaire I Council Member —Ward IV ^ / V Chris Duque � City Manager Gay Ferguson City Clerk V Jesse Branick ;City Attorney V Cheryl Dowden Director of Finance ry V Darrell Bush Police Chief / V Gary Collins ,Fire Chief 1 / Steve Hamilton Director of Public Works V George Wheeler Building Official V Victoria Klehn Librarian Holly Guidry Human Resources Director v II Joni Underwood Executive Secretary Angela Fanette ' Parks Director July 25, 2016 Date ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR STATE OF TEXAS COUNTY OF JEFFERSON TERRY WUENSCHEL CHIEF DEPUTY I, Allison Nathan Getz, P.C.C., 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 $63,724.31, represents all taxes collected for CITY OF NEDERLAND during the month of June 2016. Allison Nathan Getz, P.C.C. JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 - BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 - FAX: (409)835-8589 THE STATE OF TEXAS § LEASE AGREEMENT COUNTY OF JEFFERSON § This agreement is made by and between the City of Nederland, acting through its City Council, hereinafter called City, and Adaptive Sports for Kids, Inc., a Texas non-profit corporation, acting herein through its duly authorized board of directors, hereinafter called ASK, relative to the use of a specified area of City property in Doornbos Park located at 2301 Avenue H, Nederland, Texas for construction and operation of baseball fields, including fencing, stands, concession stand, storage facility and automobile parking spaces. NATURE OF AGREEMENT A. The City agrees to allow ASK to construct and maintain a baseball field and related facilities on the property located at the above-mentioned site. Approval must be obtained from the City Manager before any facilities are constructed or altered by ASK. This does not apply to maintenance of facilities. B. Inasmuch as the facilities are on public property, ASK agrees to permit the public to use the field and stands at anytime that they are not being used by ASK. C. The property subject to this Lease shall be used only by ASK for purposes of organizing, encouraging, and carrying out its sporting programs. ASK shall not permit any part of the premises to be used for (a) the conduct of any offensive, unlawful, or dangerous activity; (b) the creation or maintenance of a public nuisance; and (c) anything which is against public laws, regulations or rules of any public authority. D. ASK shall accept the premises in its present condition and the City shall have no obligation for any modification of the existing property and/or improvements. The City shall have the right to enter upon the leased premises at any time for any purpose. DURATION OF AGREEMENT The agreement shall be in force for a period of 25 years from date hereof and shall be automatically renewed each year until terminated as provided here. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party giving twelve (12) months written notice to the other party of its desire to terminate said agreement, or said agreement at any time by mutual agreement of the parties. B. In the event the City believes ASK has violated the terms of this agreement, it shall give ASK the opportunity to appear before Citv Council to answer such charges. If the City then decides the violation has occurred and that it justifies such action, City Council may declare the agreement terminated immediately, without giving twelve (12) months notice. REVISIONS OF AGREEMENT This agreement may be revised or amended by the City Council of the City of Nederland and the Board of Directors of Adaptive Sports for Kids by a majority vote of each party. DISPOSITION OF INCOME The managing personnel of ASK specifically reserves the right to hold in separate account all income from incidental activities such as advertising, operation of concession stand, sale of fundraising items, etc. MAINTENANCE OF NON-PROFIT STATUS A. All activities relative to ASK operations on said area shall be conducted in strict compliance to the non-profit Articles of Incorporation of ASK. B. Violation of this clause by ASK shall be sufficient for termination of this agreement. MAINTENANCE OF PARK SITE A. ASK agrees to assist the city in maintaining, in an orderly, clean, and safe manner, the grounds covered hereby, such as cutting the grass and keeping the grounds in a safe and playable condition. B. ASK agrees it shall be responsible for the maintenance of facilities constructed and installed by ASK. PUBLIC UTILITY INSURANCE ASK agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims through public use or arising out of accidents or injuries occurring in or around the described premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for any one accident, and $100,000.00 for property damage. City shall be listed as an additional insured on all such policies. Such insurance policies shall be delivered to the City Manager for safe keeping. ASK agrees to obtain a written agreement from the insurers to notify the City in writing at least 30 days prior to cancellation or refusal to renew any such policies. ASK agrees if such insurance policies are not kept in force during the entire term of this agreement and any extension thereof, the City may procure the necessary insurance, pay the premium therefore, and such premium shall be repaid to the City the next month following the date on which the premiums are paid. INDEMNITY AND HOLD HARMLESS ASK, ITS OFFICERS AND BOARD OF DIRECTORS, AGREES TO INDEMNIFY AND HOLD THE CITY, ITS OFFICERS AND AGENTS, HARDMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES FOR THE DEFENSE OF SUCH CLAIMS AND DEMANDS ARISING FROM THE CONDUCT OR MANAGEMENT OF LEASED PREMISES, OR FROM ANY BREACH ON THE PART OF ASK OF ANY CONDITION OF THIS LEASE. OR FROM ANY ACT OR NEGLIGENCE OF ASK, ITS OFFICERS, AGENTS, DIRECTORS OR INVITEES ON OR ABOUT THE LEASED PREMISES. THE INDEMNIFICATION PROVIDED HEREIN SHALL NOT BE CONSTRUED AS A WAIVER OF ANY INSURANCE BENEFITS AVAILABLE TO ASK. AS IS ASK, ITS OFFICERS AND DIRECTORS, ACKNOWLEDGES AND AGREES BY THE ACCEPTANCE HEREOF, THAT THE LEASED PREMISES WILL BE LEASED "AS IS", "WHERE IS" AND IN ITS PRESENT CONDITION WITH ALL FAULTS, IF ANY, AND THE CITY HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE LEASED PREMISES, THE SUTABILITY OF THE LEASED PREMISES FOR ANY AND ALL ACTIVITIES AND USES WHICH ASK MAY CONDUCT THEREON, COMPLIANCE BY THE LEASED PREMISES WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, HABITABILTY, MERCHANTABILITY OR FITNESS FOR A PARTICUAR PURPOSE OF THE LEASED PREMISES, OR OTHERWISE WITH RESPECT TO THE LEASED PREMISES, AND SPECIALLY THAT THE CITY HAS NOT MADE, DOES NOT MAKE, NOR WILL NOT MAKE ANY REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES ON, UNDER OR ABOUT THE LEASED PREMISES OR THE COMPLIANCE OR NON-COMPLIANCE OF THE LEASED PREMISES WITH ANY APPLICABLE LOCAL, STATE OR FEDERAL STATUTE OR REGULATION. ASSISGNMENT ASK shall not have the right to assign this Lease, or any interest in, or to sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto, which consent of the City may not be compelled. FINAL AGREEMENT This agreement supersedes all previous agreements between the City and ASK. EXECUTED IN DUPLICATE originals by the duly authorized officers of the City of Nederland and Adaptive Sports for Kids this 25th day of July, 2016. R. A. Nugent, yor City of Nederl d, Texas er Executive Secretary Nederland, Texas APPROVED AS TO FORM AND LEGALITY: 0ofk, City Attorney rland, Texas ATTEST: PyFerguson, Secr r Adaptive Sports for Kids, Inc. eZ'1'-c d Sc e ro e t Adaptive Sports fo ,Inc.