September 25, 2017 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m_ September 25, 2017
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:
"PIJRSIIIANT TO SECTION 30_07, PENAL CODE (TRESPASS 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 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 Neal
to approve the Consent Agenda Items a-e as presented. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
a. Minutes — September 11, 2017 regular meeting
b. August 2017 C>epartmental Reports
c. Tax Assessor Collection Report - August 2017
d. Consider action authorizing the closure of 7th Street from Nederland Avenue to
Atlanta Avenue on Tuesday, October 31't, for the Seventh Street Baptist Church
"Block Party".
e. Consider action setting a public hearing for the purpose of receiving comments
regarding the rehabilitation or condemnation and demolition of the abandoned and
dilapidated structure at the following address: 3022 Canal Avenue, Lot 2, Block
181, Tract 4, PALCO_
Aft.
Minutes Continued, September 25, 2017
4. REGULAR AGENDA
a. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to approve a proclamation recognizing the Mid-County Senior Babe Ruth
team. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
b. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to reappoint Billy Neal, Bert Rogers, Brian Swindell, and Reagan Meaux to
the Nederland Economic Development Board of Directors. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
c. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve the 2017-2018 Wage and Classification Plan. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Albanese to approve Ordinance No. 2017-21, declaring certain utility accounts as
uncollectable. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
e. A motion was made by Mayor Pro Tern Albanese and seconded by Councilmember
Austin to authorize the temporary waiver of the Marion & Ed Hughes Public Library
non-resident fees for NISD students who reside outside the city limits. 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 Tern
Albanese to approve Ordinance No. 2017-22, amending the Fiscal Year 2016-2017
budget. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
g. Bids/Purchases:
i. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to authorize the solicitation of the bids for the Nederland
Avenue - 12th Street Drainage project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve the purchase of two vehicles for the Nederland Police Department
via the BuyBoard, HGAC, or other state-approved contract. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
Minutes Continued, September 25, 2017
iii. A motion was made by Mayor Pro Tern Albanese and seconded by
Councilmember Austin to approve the purchase of a crew cab pickup truck for the
Nederland Fire Department via BuyBoard, HGAC, or other state-approved contract.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmember Austin, Neal, Albanese, and Belaire.
Noes: None.
h. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Change Order 1, 2017 Asphalt Street Rehabilitation project.
MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
i. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Albanese to approve final payment and release of retainage, 2017 Asphalt Street
Rehabilitation project. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
j. A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Belaire to approve Ordinance No. 2017-23, amending Appendix A - Zoning of the
Nederland Code of Ordinances, providing for the zoning regulations of gaming
rooms. MOTION CARRIED. -
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
k. Mr. Waleed Kahn was in attendance to give an update on his property located at
2423 Nederland Avenue. He stated the bank had requested updated documents
and those documents have been submitted. Still waiting for a response from the
bank regarding the loan.
A motion was made by Mayor Pro Tem Albanese and seconded by Mayor Nugent
to demolish the dilapidated and abandoned structure located at 2423 Nederland
Avenue after 60 days if no improvement has been made.
Chris Duque, City Manager, suggested council go into Executive Session prior to
the vote.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:14 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 5:24 p.m. by Mayor Nugent.
A motion was made by Mayor Pro Tern Albanese and seconded by Mayor Nugent to
begin demolition after 60 days if no improvement has been made. All required
Minutes Continued, September 25, 2017
paperwork should be completed during the 60 days so work can begin immediately
after the 60 day-period on property located at 2423 Nederland Avenue being Lots 10-
12, Block 2, Hillcrest 1st. MOTION CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, and Albanese, and Belaire.
Noes: None.
Jesse Branick, City Attorney, advised Waleed Kahn to contact his lawyer and seek an
injunction if he wished to stop the demolition process issued by the City.
7. COMMUNICATION
City Manager's Report:
a. Miscellaneous:
• There will be a Special Council Meeting Friday, Sept. 29th at 8:30 a.m.
• Mr. Duque gave an update of the debris cleanup. He said the city crews
began debris clean-up supporting the DRC contract. The first priority area
has been cleared and they will be moving to Nederland Avenue area next.
9. ADJOURN
There being no further business a motion was made by Mayor Nugent and
seconded by Mayor Pro Tern Albanese to adjourn the meeting at 5:35 p.m. MOTION
CARRIED.
Ayes: Mayor Nugent, Councilmembers Austin, Neal, Albanese, and Belaire.
Noes: None.
I 44 9 4/
R. A. Nugent, MI•r
City of Nederla -, Texas
A EST:
• .LOA- (1A-
G.y Ferguson,' ity 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
Billy Neal Council Member—Ward II
Don Albanese Council Member—Ward III V
Craig Belaire Council Member—Ward IV V
Chris Duque City Manager t/
Gay Ferguson City Clerk V
Jesse Branick City Attorney
Cheryl Dowden Director of Finance
Darrell Bush Police Chief
Gary Collins Fire Chief V
Robert Woods 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. Nugen , `ror
,a M Ir/ 4/A_
Ga Ferguson ( RTC erk
September 25, 2017
Date
0
, ON C�G
ALLISON NATHAN GETZ / TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR CHIEF DEPUTY
TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
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 $28,804.32, represents all taxes collected for CITY OF NEDERLAND
during the month of August 2017.
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
ORDINANCE NO.2017-21
AN ORDINANCE ACCEPTING UTILITY ACCOUNTS
RECEIVABLE CHARGE-OFFS IN THE AMOUNT OF
$8,469.85 AS SHOWN IN ATTACHMENT"A"FOR THE
YEAR ENDED 9-30-17 IN THE CITY OF NEDERLAND.
WHEREAS,Generally Accepted Accounting Practices require that uncollectible
accounts receivable be written off to reflect accurate revenues;and,
WHEREAS,Based on auditor recommendations it is desirable to present
uncollectible accounts to be charged off,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND,TEXAS:
Section 1.The City of Nederland's book of accounts of the Water
Billing/Collecting Department are hereby corrected to reflect the following charge-offs
for fiscal year 2016-17 in the amount of$8,469.85 as set forth in Attachment"A."
Section 2.Charge-offs affected by this Ordinance are for accounting purposes
only and are not to be construed as a release or forgiveness of indebtedness by the City.
This.provision shall in no way be construed to waive or discharge or dispense with the
continued application of Section 106-32 of the Code of Ordinances concerning the
accounts hereby affected.
THAT this being an ordinance not requiring publication,it shall be effective from
and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND.AT A REGULAR MEETING THIS THE 25th day.of September
A.D.,2017.
`.,�o0R1-ANp ,'
: • A,.�,"__ R.A.Nu lent' ayor
r0 A > \l' = City of Nedeand,Texas
S.
av400,00A_
ay Fergus ,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
N
1w.." ...____-------
Jesse 'ranick, 1A
Attorney
City 'f Ned- and,Texas
ATTACHMENT"A"
CITY OF NEDERLAND
ACCOUNTS TO BE WRITTEN OFF FOR FYE 2016-2017
Account Number Amount
01-0520-08-0 51.18
01-0660-07-0 95.99
01-1440-06-0 51.68
02-0750-01-0 10.95
02-0940-00-0 18.92
02-0980-19-0 126.79
02-1860-01-0 77.91
02-1920-04-0 180.67
03-0210-03-0 34.41
03-0410-00-0 64.58
03-0980-09-0 42.28
03-1980-04-0 41.68
04-0680-08-0 79.12
04-1675-05-0 30.73
04-2000-00-0 41.66
04-2046-05-0 47.23
04-4800-00-0 41.43
05-0450-04-0 112.88
05-1010-06-0 79.90
05-1240-07-0 110.35
05-1760-01-0 49.27
05-1920-08-0 89.61
05-3430-05-0 15.44
05-3570-14-0 15.77
05=3660-18-0 85.29
06-0190-00-0 180.69
06-0550-14-0 195.47
06-0620-08-0 13.84
06-0660-03-0 613.16
06-0920-17-0 86.89
06-1230-03-0 13.43
06-2870-04-0 157.32
06-2923-13-0 58.67
06-3230-04-0 15.11
07-1250-18-0 65.01
08-0160-02-0 49.52
08-0660-00-0 190.78
08-0670-04-0 42.74
08-1460-06-0 293.39
09-0420-11-0 25.61
09-0950-10-0 47.53
09-1620-12-0 82.23
10-0090-00-0 149.75
10-0580-17-0 61.81
10-0640-09-0 46.54
10-1750-03-0 108.59
10-3060-00-0 228.71
11-1500-07.0 128.00
11-1610-09-0 42.69
11-1710-01-0 111.42
11-2275-00-0 74.77
12-0640-26-0 113.79
12-0640-28-0 58.16
13-0730-04-0 110.42
13-0940-12-0 11.74
13-1110-02-0 38.34
13-1160-11-0 180.89
13-1762-06-0 48.84
14-1900-06-0 30.20
14-2030-14-0 55.93
15-2550-05-0 415.84
ATTACHMENT"A" PAGE 2 OF 2
16-0030-03-0 249.54
16-0570-06-0 40.39
16-1310-05-0 41.09
16-1345-01-0 18.24
16-1368-25-0 39.30
16-1460-07-0 275.49
16-2370-03-0 25.87
16-2620-01-0 89.31
17-0140-05-0 169.73
17-0510-00-0 88.82
17-0570-18-0 68.47
17-0852-05-0 97.89
17-0944-03-0 41.39
17-1570-05-0 99.12
18-1880-14-0 23.48
19-1510-04-0 124.40
19-2480-07-0 25.67
20-0330-15-0 34.30
20-1670-09-0 981.71
21-0320-00-0 36.61
22-1980-00-0 45.70
22-2550-01-0 60.69
22-2850-19-0 49.10
TOTAL 8,469.85
ORDINANCE NO.2017-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2016-
2017 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2016-20,which adopted
the Fiscal Year 2016-2017 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 2016-2017 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2017 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;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2016-2017 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 requiringpublication,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
`��0""I€GJ,ILAR MEETING THIS THE 25th DAY OF SEPTEMBER,2017.
IP i
s *.C:.•***"7•774 ,, .10/4 '
ii Ot,� o R.A.Nugent, �.yor
12.
1,7:��' 1-' 1/ ccCity
�; u I i; of Nederland,Texas
,,,oUN'ff
0 1 j_amgvf
Gay FPEPA City,.Clerk
APPROVED AS TO FORM AND LEGALITY:
Jes Branic; 'ity Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2016-2017
DATE: September 25,2017
DEPARTMENT: Various
FUND: General(01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4720 Sale of Land - 147,802 147,802
01-1100-6333 Training.&Travel 4,000 2,406. 6,406
01-1300-6111 Overtime - 3,602 3,602
01-1300-6115 Extra Help - 900 , 900
01-1300-6393 Contractual Services 40,000 12,000 52,000
01-1500-6111 Overtime - 476 476
01-1600-6111 Overtime 100 1,550 1,650
01-1600-6347 Unemployment Reimbursement 7,000 (5,000) 2,000
01-1601-6312 Consultant Services 900 2,100 3,000
01-1900-6348 Electricity 10,000 (3,000) 7,000
01-1900-6350 Bldg/Structure Improvements 1,800 1,800 3,600
'01-1900-6351 -Fixed Plant&EquipR&M 5,O0O 7 4,500 i 9,500
01-1900-6366 Rental Equipment 6,000 (2,000) 4,000
01-2100-6116 Certification Pay 75,701 (10,701) 65,000
01-2100-6222 Motor Vehicle Fuel 48,000 (10,000) 38,000
01-2100-6265 Supplies/Minor Tools&Equipment 17,500 7,000 24,500
01-2100-6274 Safety Equipment 3,800 -(2,000) 1,800
01.2100-6315 Computer System 10,000 6,000 16,000
01-2100-630 Insurance General 32,500 (11,000) 21,500
01-2100-6377 Dues and Memberships 3,000 (1,000) 2,000
01-2101-6115 "Extra Help 12,000 3,000, 15,000
01-2101-6126 Social Security 812 2,000 2,812
01-2101-6236 Foods 15,000 4,500 19,500
01-2101-6341 "insurance General 840 ,. (840).. -
01-2101-6343 Insurance Motor Equipment 2,000 (1,000) 1,000
:01-2102-6265 -Supplies/Minor Tools&Equipment 2,500, 26,000. 28,500
01-2102-6393 Contractual Services 47,366 (7,366) 40,000
01-2200-6111 Overtime 80,000 40,000 120,000
01-2200-6124 TMRS 67,301 4,000 71,301
01-2200-6222 Motor Vehicle Fuel 14,000 (4,000) 10,000
01-22006341 fnsurance.Genera! 14,452- (5,152) 9,300•
01-2200-6393 Contractual Services 4,000 (3,000) 1,000
01-2400-6111 Overtime 500 1,1.00 1.,600
01-2400-6393 Contractual Services 22,000 (4,000) 18,000
TOTAL 548,072 200,677 748,749
Page of
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2016-2017
DATE: September 25,2017
DEPARTMENT: Various
FUND: General(01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-3000-6111 Overtime 150 3,750 3,900
01-3000-6341 Insurance general 3,600 .2;.950 6,550
01-3000-6720 Bldgs,Fixtures&Grounds - 12,610 12,610
01-3100-6111 Over#in]e 32,000 : (12,000) 20;000
01-3100-6222 Motor Vehicle Fuel 38,500 (18,500) 20,000
01-3100-6246 Street&Bridge Supplies 100,000 (20,000) 80,000
01-3100-6730 Street Improvements 275,000 25,000 300,000
01-3400-6111 Overtime 28,000 3,000 31,000
01-3400-6116 Certification Pay 1,200 400 1,600
01-3400-6333 Travel&Training 4,000 (3,000) 1,000
01-3400-6350 'Bldg/Structure Improvements 3,500 5,350' 8,850
01-5100-6111 Overtime 14,000 10,000 24,000
01-5100-6115 Extra Help 123,000 (23,000) 100,000
01-5100-6256 Chemicals&Insecticides 33,500 8,000 41,500
01-5100-6341 Insurance General 19,744 (3,000) 16,744
01-5100-6350 Bldg/Structure Improvements 25,000 (10,000) 15,000
01-5100-6393 Contractual Services 12,000 3,000 15,000 _
01-5100-6720 Buildings, Fixtures&Grounds - 19,380 19,380
01-5100-6744 Miscellaneous Equipment - 6,500 6,500
01-5500-6115 Extra Help 44,000 (8,000) 36,000
01-5500-6265 Supplies/Minor Tools&Equip 5,000 7,000 12,000
01-5500-6348 Electricity 22,000. . (5,000) . 1.7,000.
01-5500-6350 Bldg/Structure Improvements 6,000 2,975 8,975
01-9000-6315 Computer System 85,000. 27,000. 112,000-
01-9000-6393 Contractual Services 55,000 (30,000) 25,000
01-9000-6400 Special Programs 15,000 (3,000) 12,000
01-9000-6406 Contingency 46,262 (27,290) 18,972
01-9000-6409 Vacation Buy Back 22,000 (22,000) -
01-9000-6411 'Preventive Care.Re mburserent - 30,000. (30,D00)
01-9000-6904 Transfer to Parks Special Fund 45,000 62,802 107,802
01-9000-6939 Transfer to Street Improvement Fund - 110,000 ' 110,000
TOTAL 1,088,456 94,927 1,183,383
Page of
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2016-2017
DATE: September 25,2017
DEPARTMENT: Various
FUND: Hotel/Motel(23),Parks Special(25)
SIF(38){Water&.Saucer(5(1).
Solid Waste(52),Dispatch(70)
AMOUNT -
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
23-0000-4393 Hotel Occupancy Tax 70,000 20,000 90,000
23-0000-6389 Payment to Chamber&Hist.Society 56,000 20,000 76,000
25-000-4910 Traris(erin -45,000 82,802 107,662
39-0000-4910 Transfer In - 110,000 110,000
50-6000-6111 Overtime 60,000 4,000 64,000
50-6000-6341 Insurance General 55,000 (2,500) 52,500
50-6000-6351 Fixed Plant&Equipment R&M 59,500 (9,500) 50,000
50-6000-6404 Untreated Water 190,000 10,000 200,000
50-6100-6275 Water Meter&Boxes 40,000 6,500 46,500
50-6100-6341 Insurance General 3,200 (1,700) 1,500
50-6100-6393 Contractual Services 20,000 10,000 30,000
50-6200-6111 2-Ovettitne 20,000' '(5;000) 15,000
50-6200-6258 Motor Vehicle Supplies 750 3,000 3,750
50-6200-6324 Laboratory Testing 35,000 15,000 50,000
50-6200-6341 Insurance General 33,000 (5,000) 28,000
50-6200-6348 Electricity 230,000 (30,000) 200,000
50-6200-6740 Plant Equipment - 16,675 16,675
50-6300-6210 General Office Supplies 18,600 4,500 23,100
50-6300-6222 Motor Vehicle Fuel 22,000 (7,000) 15,000
50-9000-6409 Vacafiorr194'Back 25;000 (25;000) -
50-9000-6411 Preventive Care Reimbursement 10,000 (10,000) -
52-3300-6222 Motor Vehicle Fuel 80,000 (20,000) 60,000
52-3300-6258 Motor Vehicle Supplies 75,500 2,500 78,000
70-2100 111 Overtime- 54,000 6,000 57,000
70-2100-6210 General Office Supplies 5,500 (3,000) 2,500
70-21.00-6331 'Telephone 5,750 (1;.000) 4,7.50
70-2100-6341 Insurance General 7,000 (1,000) 6,000
70-2100-6348 Electricity 10,000 (1,000) 9,000
TOTAL 1,227,800 169,277 1,397,077
JUSTIFICATION
End of year line-item correction
Dept.Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
Page of
ORDINANCE NO. 2017-23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS,
AMENDING APPENDIX A - ZONING OF
THE CODE OF ORDINANCES, CITY OF
NEDERLAND, PROVIDING THE ZONING
REGULATIONS OF "GAMING ROOMS";
MAKING FINDINGS OF FACT; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City of Nederland,Texas is a home rule municipality having authority to
utilize police power regulation of health,safety,and general welfare of the public;and
WHEREAS, the Nederland City Council desires to regulate game rooms and gaming
machines in order to prevent the illegal operation of amusement gaming machines — more
commonly known as"eight-liners"—in the interest of protecting the health,safety,and welfare
of both citizens and visitors to Nederland;and
WHEREAS, a joint public hearing before the Nederland City Council was held on
September 11, 2017, pursuant to V.T.C.A., Local Government Code, Section 211.006, at which
hearing the public was provided the opportunity to voice their comments or questions;and
WHEREAS,the Nederland City Council finds it in the public interest to adopt regulations
for game rooms and gaming machines as described herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Appendix A—Zoning of the Code of Ordinances of the City of Nederland is
hereby revised with the following revisions:
A. Add to SUBCHAPTER C. USE REGULATIONS,Section 13. Schedule of permitted uses:
Section 13.1. General provisions.
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Gaming Room SSSS
B. Add to Section 14. Specific use provisions:
Section 14.6. Gaming rooms.
The city finds that the unrestricted operation of certain game room businesses may be
detrimental to the health,safety, and welfare by contributing to the decline of residential and
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commercial neighborhoods and the growth of criminal activity. In addition to the applicable
requirements set forth in Height and Area Regulations (Section 12), the following regulations
apply to Game Rooms:
1. Location. A Game Room business may be located no closer than 1,000 feet from an
existing Game Room business. A Game Room business cannot be located closer than 300
linear feet, measured in a straight line from the nearest property line to the nearest
property line,from the following uses that are located within the City:
a. a school
b. a hospital
c. a church or place of religious worship
2. Parking. Twelve(12)parking spaces per 1,000 gross square feet of building area.
3. Lighting. Exterior lighting shall be designed to illuminate the entire property at an
intensity of no less than six(6)foot candles per square foot.
4. Signage. Notwithstanding any other city ordinance,code or regulation to the contrary,it
shall be unlawful for the operator,occupant,or owner of a gambling site not to clearly
identify the site with a sign as required by Chapter 22,Article IV of the Code of Ordinances
of the City of Nederland. The sign displayed should be one provided by the city with a
white background with black Arial font lettering of 1.5 inches. The sign must clearly read
"GAMING SITE" and may not include any advertisements. In addition, the following
exterior signs are prohibited:
a. Freestanding pole signs,
b. Roof-mounted signs,
c. Sign or sign copy designed to rotate,move or flash in any manner,or
d. Temporary signs
5. Building Design.
a. Exterior building color for Game Room businesses including facade, doors,
window frames,and all appurtenances shall be limited to gray,tan,or beige.
b. Roof color is limited to shades of gray,black or brown.
c. Trim color is limited to a share of the principal color of the building or white.
d. Every game room business shall have transparent,unobstructed windows or open
space on at least one side so that the area is open to view by the general public
passing by on a street. The game room business shall have no obstruction of such
public view by the use of drawn shades, blinds, partitions, tinting or other
structure or obstructions. This requirements may be waived or modified by the
Building Official if the game room business owner(s)can demonstrate:(1)the site
holds a valid,current on-premise license under Title 3,Subtitle B, Chapter 69 of
Texas Alcoholic Beverage Code where the gaming machines or eight-liners are
incidental to the primary business and (2) all of the site's gaming machines or
eight-liners are visible upon entering the premises from the front door.
6. Landscaping. Landscaping of Game Room business shall consist of decorative ground
cover only. Shrubs and trees that block visibility shall be strictly prohibited.
C. Add to SECTION 30. DEFINITIONS
Amusement redemption machine means any electronic, electromechanical, or
mechanical contrivance designed,made,and adopted for bona fide amusement purposes
that rewards the player exclusively with non-cash merchandise,prizes,toys,or novelties,
or a representation of value redeemable for those items, that have a wholesale value
available from a single play of the game or device of not more than ten times the amount
charged to play the game or device once,or$5.00,whichever amount is less.
Game room means a building, facility or other place that contains amusement
redemption machines of any number.
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Game room owner means an individual who:
1) Has an ownership interest in or receives income from a game room or an
amusement redemption machine located in a game room;
2) Is a partner, director, or officer of a business, company, or corporation that
has an ownership interest in a game room or in an amusement redemption
machine located in a game room;
3) Is a shareholder that holds more than ten percent of the outstanding shares
of a business, company, or corporation that has an ownership interest in a
game room or in an amusement redemption machine located in a game room;
4) Has been issued by the county clerk an assumed name certificate for a
business that owns a game room or an amusement redemption machine
located in a game room;
5) Signs a lease for a game room;
6) Opens an account for utilities for a game room;
7) Receives a certificate of occupancy for a game room;
8) Pays for advertising for a game room;or
9) Signs an alarm permit for a game room.
Gaming machine—commonly referred to as an "eight liner,"any coin-operated
machine or electronic,electromechanical or mechanical contrivance designed,made,and
adopted solely for bona fide amusement purposes if the contrivance rewards the player
exclusively with non-cash merchandise prizes,toys, or novelties,or a representation of
value redeemable for those items, that have a wholesale value available from a single
play of the game or device of not more than ten times the amount charged to play the
game or device once or $5.00, whichever is less. Not included in this definition is a
machine used only for entertainment purposes, as entertainment is defined in section
372.1701 of the Texas Administrative Code.
Operator means an individual who supervises, manages, or participates in the
performance of activities that contribute to the functioning of a game room,including the
following activities:
1) Operates a cash register,cash drawer,or other depository on the premises of
a game room or of a business where the money earned or the records of credit
card transactions or other credit transactions generated in any manner by the
operation of a game room or activities conducted in a game room are kept;
2) Displays, delivers, or provides to a customer of a game room merchandise,
goods, entertainment, or other services offered on the premises of a game
room;
3) Take orders from a customer of a game room for merchandise, goods,
entertainment,or other services offered on the premises of a game room;or
4) Acts as a door attendant to regulate entry of customers or other persons into
a game room.
Skill or pleasure coin-operated machine—Any kind of coin-operated machine that
dispenses,or is used or is capable of being used to dispense or afford,amusement,skill,
or pleasure,or is operated for any purpose,other than for dispensing only merchandise,
music or service. This includes:
1) A marble machine,marble table machine,marble shooting machine,miniature
racetrack machine, miniature football machine, miniature golf machine,
miniature bowling machine, billiard or pool game,or machine or device that
dispenses merchandise or commodities or plays music in connection with or
in addition to dispensing skill or pleasure;and
2) Does not include an amusement machine designed exclusively for a child.
SECTION 3. 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.
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SECTION 5. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED THE 25Th day of SEPTEMBER,2017.
APPROVED:
O
�` 2� R.A.Nugent,Ma
t_ O' 1i ,01:z= r
City of Nederland,Texas
r"O *
9:E1iit- UjtI2A
Gay gCity
Fer u56n Clerkr
City of Nederland
APPROVED AS TO FORM AND LEGALITY:
tEZ /
Jes a Branic ,City Attorney
Cit of Ne.-rland,Texas
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