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September 12, 2016 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 P.m. September 12, 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. 12th Street, Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30_07, PENAL CODE CTRESPASS 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 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 Mayor Pro Tem Albanese and seconded by Councilmember Austin to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_ Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese and Belaire_ Noes: None. a. Minutes — August 22, 2016 regular meeting b. Consider action authorizing the closure of Boston Avenue between 14th and 17th Streets on Tuesday, October 4th for the National Night Out event and the Nederland Fire Department Open House. c. Payments: • Bruce's General Construction - $112,149.00, Nederland Service Center project • 1_I7 Construction - $157,043.67, 2016 Flexible Pavement Rehabilitation project • 1_7A Engineering, Inc. - $885.20, 2016 HMAC Rehabilitation project r Minutes Continued, September 12, 2016 4. REGULAR AGENDA a. A motion was made by Councilmember Belaire and seconded by Councilmember Austin to approve a proclamation in regards to Dollye Roberts Day. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Dollye Roberts thanked the city council for the proclamation and for letting her be a part of Nederland history. b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to appoint Sylvia Root and Mike Roebuck to the Economic Development Corporation Board of Directors for a terms ending September 30, 2018. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. c. Steve Hamilton, Public Works Director; and Troy Whitehead, Schaumburg and Polk gave a preliminary engineering report regarding the Main Sewer Line Evaluation Report. The particular area they studied was the line that runs from Tipps, past Helena, 35th Street, Nederland Avenue, and Avenue C, which is approximately 6,000 feet. Mr. Whitehead had a piece of material he recommended using to correct the inflow and infiltration into the line causing the problems. The material is inserted through manholes and adheres to the inner wall of the sewer line. Chris Duque, City Manager, voiced his concern that even with doing this repair, it may or may not solve the problem. He said there are too many unknowns and the entire system needs to be studied before investing resources. Darrin Fanette, 1016 N. 31St Street, asked what the life expectancy of this repair would be and how the City can work to get the word out for citizens to call in when they have a problem at their home regarding the sewer line. Rick Bourque, Schaumburg and Polk, Inc. answered the material was made to stay in place and the life expectancy was good. Chris Duque, City Manager, stated postings to the City of Nederland Facebook page encouraged citizens to call with their complaints. d. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to engage Neches Engineers, Inc. for the Nederland Recreation Center roof/exterior metal repairs/improvements project. 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 authorize the acceptance of the Body Worn Camera Grant from the Office of the Governor, Criminal Justice Division. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. f. Bids: i. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to authorize the purchase via BuyBoard, HGAC, or other ■ Minutes Continued, September 12, 2016 state-approved contract of a pickup truck for the Solid Waste Department. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to award the bid for Debris Monitoring Services to Tetra Tech, a state-approved contract. 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 postpone action regarding the solicitation of bids for the Holmes Road Rehabilitation project. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. g. Fiscal Year 2016-2017 Budget: i. A motion was made by Councilmember Neal and seconded by Councilmember Austin to approve Ordinance No. 2016-19, utility rates and regulations. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. ii. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember Neal to approve Ordinance No. 2016-20, an appropriations 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, Albanese, and Belaire. Noes: None. iii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern Albanese to set the maintenance and operation portion of the tax rate at $0.390828 for the fiscal year 2016-2017. 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 set the interest and sinking fund portion of the tax rate at $0.203172 for the fiscal year 2016-2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. v. A motion was made by Councilmember Neal and seconded by Councilmember Austin that the property tax rate be increased by the adoption of a tax rate of $0.594000, which is effectively a 2.7 percent increase in the tax rate for the fiscal year beginning October 1, 2016 and ending September 30, 2017. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. Minutes Continued, September 12, 2016 5. COMMUNICATION: City Manager's Report: a. Miscellaneous: Tomorrow the City of Nederland will be hosting the Chamber of Commerce Coffee at 8:00 a.m. at the Homer E. Nagai Public Safety Facility. 9. 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 5:51 p.m. MOTION CARRIED. Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire. Noes: None. / R. A. Nugent, MI or City of Nederla 'd, Texas ATTEST: G y Fergon, City Clerl 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 17 Don Albanese Council Member—Ward III CraigBelaire Council Member—Ward IV / Chris Duque City Manager Gay Ferguson City Clerk ,V Jesse Branick City Attorney Cheryl Dowden Director of Finance Darrell Bush Police Chief GaryCollins Fire Chief' / / Steve Hamilton Director of Public Works 1V George Wheeler Building Official V Victoria Klehn Librarian I/ Holly Guidry Human Resources Director Joni Underwood Executive Secretary Angela Fanette Parks Director r/ r 4. R.A. ug nt, G*or G ergusot ity ler Ifivs.- September 12, 2016 Date ORDINANCE NO. 2016-19 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. 2015-15. 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 Regulations. 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. SECTION 5. Water Connection/Taps. 1. The CITY reserves the right to tap existing CITY water lines,set water meters,and require use of CITY taps and meters. 2. Any individual or business desiring a water tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing water line and/or water system, the CITY shall provide all materials, labor and equipment to tap the existing water line. 3. The CITY shall make the final determination as to the location of the water tap. 4. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 3/4"Water Tap $ 360.00 $ 535.00 1"Water Tap 460.00 685.00 1%"Water Tap 660.00 985.00 2"Water Tap 1,450.00 2,150.00 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 1'-10' $225.00 $ 350.00 11'-20' 400.00 600.00 21'-30' 550.00 725.00 31'-40' 725.00 925.00 41'-50' 900.00 1,100.00 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 Outside City (No Street Excavation) (No Street Excavation) 4"Sewer Tap $210.00 $310.00 6"Sewer Tap 310.00 460.00 8"Sewer Tap 410.00 610.00 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 1'-10' $225.00 $ 325.00 11'-20' 400.00 575.00 21'-30' 550.00 700.00 31'-40' 725.00 900.00 41'-50' 875.00 1,075.00 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 City Outside City 3/4"and Smaller Water Meter $110.00 $110.00 1"Water Meter 160.00 160.00 134"Water Meter 210.00 210.00 2"and Larger Water Meter 310.00 310.00 2. Residential Rental Property Deposit: In order to establish water, sewer, and garbage service, an applicant, who is not the property owner, for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City 3/4"and Smaller Water Meter $160.00 $160.00 1"Water Meter 210.00 210.00 Elevated Risk Account 260.00 260.00 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 8. Application of Deposit. 1. Upon the termination of water service,at the request of the customer,the deposit or any portion of the deposit remaining shall be returned to the customer when water and all other charges have been paid, 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-Outstanding 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)* $10.00 $14.55 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— 0.34 0.34 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 City Outside City First 2,000 Gallons(minimum)* $ 9.15 $14.95 Each additional 1,000 gallons** (up to 3.00 4.45 50,000 gallons) Each additional 1,000 gallons above 3.01 4.46 50,000 gallons Sewer Line Maintenance— 0.34 0.34 per 1,000 gallons(above minimum) * Effective July 1,2007,where water service is provided to multiple units served by one meter,the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. SECTION 12. Garbage Rates. 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) $ 19.75+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) $ 19.75+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) $ 12.75+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. Delinouencv-Termination of Service. 1. If full payment is not received by the CITY by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the 10% penalty; this does not apply to residential rental property classified as"Elevated Risk." 2. If full payment is not received on the date on which the subsequent utility bill is due, all utility service shall be disconnected. A final written notice shall be mailed to the customer's premises on the Thursday following the due date indicating that services shall be disconnected on the Wednesday immediately following the issuance of such notice. 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. If payment in full is not received by 5PM on the due date, then a cut-off work order will be issued. Once the cut-off work order is issued, a reconnection fee and any additional deposit shall be due in addition to the previous balance. 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: 15t offense-$100 and 2nd 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. 5. 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. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed 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.Adiustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments on utility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. Customer must show proof leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including base rate and maintenance fee. An adjustment will be made based upon an average of six monthly bills during the previous six-month period. 3. In the event that water usage during the billing period exceeded 50,000 gallons,the cost of water shall be adjusted by one-third (1/3) of the excess water usage based upon an average of six monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and that repairs have been made. 4. In no case shall a sewer adjustment be granted if the CITY notified the customer of a potential water leak on his/her property. 5. Sewer adjustments will be limited to one per 12-month period. 6. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for an adjustment,the customer must have a Building Permit issued by the City of Nederland Inspections Department. 7. Any suspected billing errors should be reported to the Billing &Collections Department when the billing error Is discovered. If a billing error did occur, an adjustment will be calculated to correct the error. However, adjustments will be limited to the previous twelve months billing and require the city manager's approval. SECTION 22. Meter Tampering. 1. It is unlawful for any person to turn on water to any premises from the CITY water system without first obtaining approval from the CITY. 2. It is unlawful for any person to connect water service to a premises after service has been terminated by the CITY. 3. It is unlawful to interfere with, disturb or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the CITY. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars($500.00)shall be assessed where a meter has been interfered with,disturbed, or damaged. SECTION 23. Trash Removal Rates. 1. Trash blocking drainage-a service fee of$50.00-$200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during, before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the CITY. 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, 2016. PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a special meeting this the 12TH day of SEPTEMBER. 2016. R.A. Nugent, .yor City of Nederland,Texas 4111. ATTEST: G•Fergu•/n, City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jess: Branick Attorney City of Nede and,Texas A 00 � / 0 0 0 A/ O O N >�/- li 0 j O S CC a / o W � N M 0 0 J o J 0 N CO W CO W N / h CO / O N r/ O N N / O N / / _ O O O_ 0 O M h0 0 o CITY OF NEDERLAND ORDINANCE NO.2016-20 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, 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 1,2016 and ending September 30,2017. WHEREAS, in accordance with Article VII, Section 7.05 of the City Charter, at the meeting of the Council at which the budget and budget message were submitted, the Council determined the place and time of the public hearing. On August 22, 2016, 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 THE CITY OF NEDERLAND,TEXAS: Section 1 - GENERAL FUND. That there be and is hereby appropriated the sum of Ten million,two hundred ten thousand,six hundred dollars and no cents($10,210,600.00)to the General Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. City Council $13,645 b. Legal $74,550 c. City Manager $442,681 d. Finance $289,804 e. Personnel $282,313 f. Civil Service $4,100 g. City Hall $71,390 h. Police $3,722,890 i. Police-Prisoner Extra Help $38,251 j. Emergency Management $94,100 k. Fire $1,560,539 1. Fire Volunteers $16,250 m. Inspections $216,145 n. Code Enforcement $95,980 o. Public Works Administration $281,833 p. Street Department $1,069,230 q. Animal Control $149,467 r. Parks&Recreation $613,851 s. Library $462,319 t. Other Requirements $711,262 Section 2 - DEBT SERVICE FUND. That there be and is hereby appropriated the sum of Two million, four hundred forty-five thousand, nine hundred eighteen dollars and no cents ($2,445,918.00) 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 thousand, two hundred fifteen dollars and no cents ($4,480,215.00) to the Water & Sewer Fund for the payment of operating expenses and necessary capital outlay for the following departments and uses: a. Water Treatment $1,465,282 b. Billing/Collections $436,677 c. Wastewater Treatment $802,358 d. Water&Sewer Distribution $832,648 e. Other Requirements $943,250 Section 4 — SANITARY SEWER EVALUATION FUND (SSES). That there be and is hereby appropriated the sum of Sixty thousand dollars and no cents($60,000.00)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 eighty-four thousand,two hundred dollars and no cents($1,584,200.00) 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 One hundred seventy-five thousand dollars and no cents ($175,000.00) to the Equipment Replacement Fund-General for the payment of necessary capital outlay. Section 7 -EQUIPMENT REPLACEMENT FUND-WATER& SEWER. That there be and is hereby appropriated the sum of Eighty-two thousand dollars and no cents($82,000.00)to the Equipment Replacement Fund-Water & Sewer for the payment of necessary capital outlay. Section 8 - EQUIPMENT REPLACEMENT FUND-SOLID WASTE. That there be and is hereby appropriated the sum of Thirty thousand dollars and no cents ($30,000.00) to the Equipment Replacement Fund-Water&Sewer for the payment of necessary capital outlay. Section 9-POLICE NARCOTICS FUND.That there be and is hereby appropriated the sum of Thirty-five thousand dollars and no cents($35,000.00)to the Police Narcotics Fund for the payment of operating expenses and necessary capital outlay. Section 10-LIBRARY SPECIAL FUND. That there be and is hereby appropriated the sum of One hundred five thousand,three hundred ten dollars and no cents ($105,310.00)to the Library Special Fund for the payment of operating expenses and necessary capital outlay. Section 11 - HOTEL/MOTEL FUND. That there be and is hereby appropriated the sum of Seventy-five thousand dollars and no cents ($75,000.00) to the Hotel/Motel Fund for the payment of operating expenses. Section 12 — 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 13 - PARKS & RECREATION SPECIAL FUND. That there be and is hereby appropriated the sum of Two hundred forty-four thousand three hundred dollars and no cents ($244,300.00)to the Parks&Recreation Special Fund for the payment of operating expenses and necessary capital outlay. Section 14—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 15 —STREET IMPROVEMENT FUND. That there be and is hereby appropriated the sum of One million,two hundred thousand dollars and no cents ($1,200,000.00)to the Street Improvement Fund for the payment of operating expenses and necessary capital outlay. Section 16-MID-COUNTY MUNICIPAL LEAGUE CENTRAL DISPATCH FUND. That there be and is hereby appropriated the sum of One million,three hundred sixty-six thousand, two hundred twenty-eight dollars and no cents($1,366,228.00)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 1,2016 and ending September 30,2017. 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, 2016, shall be construed with and classified with Miscellaneous Revenue anticipated during the fiscal year beginning October 1,2016 and ending September 30,2017,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council. THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT the City Clerk shall file a true copy of this ordinance and said budget with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the Local Government Code. THAT this being an ordinance not requiring publication it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THIS THE 12TH DAY OF SEPTEMBER,2016. �� R.A.Nu_'nt, ayor City of Nederl d,Texas ATTEST: Pay Fergu n,City Cler City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: / , ,e1ti J-.se B = GI,City Attorney C . • 'ederland,Texas ORDINANCE NO.2016-21 AN ORDINANCE APPROVING THE TAX ASSESSMENT ROLLS FOR THE YEAR 2016,LEVYING AND ASSESSING TAXES FOR THE SUPPORT OF THE CITY OF NEDERLAND AND THE MUNICIPAL GOVERNMENT THEREOF; APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; AND PROVIDING FOR THE INTEREST AND SINKING FUND. WHEREAS,pursuant to the provisions of the Tax Code of the State of Texas,the tax assessment rolls to be used for the collection of taxes for the captioned year,wherein the value of all property situated within the City of Nederland,subject to ad valorem taxes for the tax year 2016,was fixed by Angela Bellard, Chief Appraiser of Jefferson County Appraisal District, at a total value of $1,167,421,992;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 3.69 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$5.14; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1:-That the tax assessment rolls furnished by the City's Tax Assessor-Collector,based upon the certified roll furnished by Angela Bellard,Chief Appraiser of Jefferson County Appraisal District,at a total value of$1,167,421,992, shall become the tax assessment rolls of the City of Nederland for the year 2016,less all exemptions provided by either State Law or City ordinance in the amount of$111,045,255. SECTION 2:-That there is hereby levied for the current year,2016,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 30,2017 upon all property,real,personal,and mixed,within the corporate limits of said City subject to taxation,a tax of 59.4 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),39.0828 cents on each one hundred dollars($100)valuation of property;and (b) For the Interest&Sinking Fund,20.3172 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-eight thousand,one hundred seventy-five dollars($1,298,925.00)on the General Obligation Refunding Bonds,Series 2010,12.25901 cents on each one hundred dollars ($100)valuation of property. For the purpose of paying fees,interest and principal of Three hundred thirty thousand, six hundred thirty-two dollars ($330,632.00)on the General Obligation Refunding Bonds, Series 2012,3.12044 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees,interest and principal of Three hundred twenty-seven thousand,two hundred fifty dollars($327,250.00)on the General Obligation Refunding Bonds, Series 2013,3.08853 cents on each one hundred dollars($100)valuation of property. For the purpose of paying fees, interest and principal of One hundred ninety-five thousand,nine hundred thirty-eight dollars ($195,938.00)on the Tax and Revenue Certificates of Obligation, Series 2013, 1.84922 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 2016 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 12th DAY OF SEPTEMBER,A.D., 2016. / / R.A. uge/ ayor City of Ned rland,Texas Al 1'bST: 4 . ., .11 / 'At • Gay Ferguson,City Clerk City of Nederland,Texas APPROVED AS TO FORM AND LEGALITY: Jesse t ity Attorney City, -,-rland,Texas