May 20, 2019 REGULAR MEETING CO THE CITY COUNCIL COF THE
CITY Co NED E RLAND
4:30 Ip_m. May 20, 2019
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
" FES DANT TO SECTION 30_07, PENAL CODE CTRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HAN DGUN 3, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE KHAN DGIJN LICENSING
LAW 3, 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 Neal and seconded by Councilmember Root to
approve the Consent Agenda Items a-d as presented. MOTION CARRIED_
Ayas: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - May 13, 2019 regular meeting
ID. April 2019 Departmental Reports
c. Consider action approving Resolution No. 2019-07, ratifying the action of the
Nederland Economic Development Corporation Board of Directors related to the
incentive offered to Buckstin Brewing Company.
d. Consider action approving Resolution No. 2019-08, ratifying the action of the
Nederland Economic Development Corporation Board of Directors related to the
incentive offered to Brick Oven Pizza Company of Nederland.
4_ REGULAR AGENDA
a. Mike Ruiz, Darrell La Bove, and Eddie Powell were in attendance to accept a
proclamation for the 2019 Share the Road campaign. Mr. Ruiz reported statistics
regarding motorcycle deaths and injuries. He thanked the City Council for their
support and for proclaiming May as Motorcycle Safety and Awareness Month.
Minutes Continued, May 20, 2019
A motion was made by Councilmember Hollier and seconded by Councilmember
Root to approve a proclamation in regards to Motorcycle Safety and Awareness
Month. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier and Root.
Noes: None.
b. Chris Duque, City Manager, stated last fall the City Council adopted a Utility Box
Painting policy to allow NISD students to paint utility boxes. Valerie Simoneaux,
Johan Dubose, Junior Loza-Diaz, and Bella Barragan painted the utility box at
Nederland Avenue and 21st Street, and Miranda Hollier painted the utility box at
27th Street and Avenue H. The City recognized these students for their tremendous
artwork and for the efforts to beautify the community. No action was necessary.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to set a point public hearing for Monday, June 10, 2019 at 4:30 p.m., to
receive comments regarding a request for a Specific Use Permit for property
located at 1815 Nederland Avenue for an addition to the existing non-conforming
automobile repair shop located in a C-2 (neighborhood retail) zoning district.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve a Notice of Intent to participate in the Sanitary Sewer Overflow
Initiative (SSO) for an additional 5 years. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Councilmember Hollier and seconded by Mayor Pro Tern
Neal to amend Ordinance No. 2018-31, utility rates and regulations in response to
the May 10th and May 11th weather events. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Ordinance No. 2019-18, amending the fiscal year 2018-2019
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. Bids:
i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to award a bid for the Marion & Ed Hughes Public Library Roof project to
SETEX in the amount of $221,000.00. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
ii. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to award a bid for the 2019 Hot Mix Overlay project to Hayden Paving in the
amount of $1,025,311.00. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, May 20, 2019
iii. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Root to award a bid for the 2019 Concrete Street Rehabilitation project to Brystar
Contracting in the amount of $824,084.00. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
iv. A motion was made by Councilmember Austin and seconded by Councilmember
Hollier to award a bid for the 2019-2020 Concrete Sewer Line Rehabilitation project
to Insituform Technologies in the amount of$4,482,803.73. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. COMMUNICATION
a. Miscellaneous:
• Friday, May 24"' at 10:00 a.m. will be a Memorial Day Program in
Veterans Park
• City Offices will be closed Monday, May 27, 2019 in observation of
Memorial Day
• This Friday at 5:30 will be a ceremony to welcome the new fire truck
• NISD Senior Honor Graduate party Tuesday at 11:30 at Max Bowl
6. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Mayor Pro Tern Neal to adjourn the meeting at 5:06 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
„ow"NEQt'oes: None.
``
,'••••• Dern Ofi-LewtAs'
.b : - tit _ Don Albanese, Mayor
���� • = City of Nederland, Texas
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT, ABSENT
Don Albanese Mayor v
V
Talmadge Austin Council Member—Ward I VBilly Neal Council Member—Ward II
Emmett Hollier Council Member—Ward III v
V
Sylvia Root j Council Member—Ward IV
V
Chris Duque , City Manager /
Gay Ferguson City Clerk v
Jesse Branick City Attorney
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
TerryMorton Fire Chief V
V
Robert Woods Director of Public Works
Georgey
Wheeler Building Official v
V
Victoria Klehn Librarian
Holly Guidry Human Resources Director \(
V/Joni Underwood Executive Secretary
Angela Fanette Parks Director
iCofrpt azkisk.)._
Don Albanese, Mayor
IA Ar
r. . , /Itri 44
ay Ferg on, City C :l
May 20, 2019
Date
RESOLUTION 2019-07
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 Buckstin Brewing Company,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 May ,2019 at which meeting a
quorum was present and voting.
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I'rn Al.ane i .ay-or
City of Nederland,Texas
ATTEST:
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Pay Fergu n,City le
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
�' Atirc�
Jesse : Attorney
City - erland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS thisol&day of pi Biu _,2019 at
which meeting a quorum was present and voting. I
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City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jess Bran .3 ,City Attorney
Cit, of►ederland,Texas
RESOLUTION 2019-08
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (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 Brick Oven Pizza Company of
Nederland, in an aggregate maximum amount of not more than Thirty-Five Thousand dollars
($35,000.00), 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 May ,2019 at which meeting a
quorum was present and voting.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Pay Fergu n,City ClerW
City of Nederland,Texas
APPROVED AS TO FORM ANDRLEGALITY:
Jesse Br.nick, i Attorney
City of ea= ,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this ay of /'-1 ,2019 at
which meeting a quorum was present and voting.
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:� .� `i :�= Don Albanese,Mayor
F.p•. -'41- /kr�''Z City of Nederland,
G.' % • , Texas
Pa -a-(,4( _
ay son,City Cle
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
•
moi, „sem
Jesse : anic , Attorney
City I f N-:erland,Texas
AMENDMENT TO ORDINANCE NO. 2018-31
AN AMENDMENT TO ORDINANCE NO. 2018-31 OF
THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT ESTABLISHED WATER AND SEWER
RATES, WATER METER DEPOSITS, WATER AND
SEWER CONNECTION FEES, WATER AND SEWER
MAINTENANCE FEES, TRASH REMOVAL, AND
GARBAGE RATES, AND PROVIDED 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 PROVIDED FOR INTEREST
PENALTIES, RE-CONNECTION CHARGES,
TRANSFER FEES, AND RETURNED CHECK FEES,
REPEALED ORDINANCE NO. 2017-18, AND
ESTABLISHED AN EFFECTIVE DATE.
WHEREAS,the Nederland City Council on September 24, 2018 approved Ordinance No.
2018-31,which provided utility rates and regulations;and
WHEREAS, severe weather on May 10th that impacted Nederland and the surrounding
area has required the City to facilitate the community's economic recovery.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Ordinance No.2018-31 is hereby revised with the following revisions:
A. Section 23. Validation is renumbered to Section 24. Validation.
B. Section 23. Disaster is added:
SECTION 23. Disaster.
In the event of a declared disaster, such as a hurricane, tornado,
flood, ice storm, etc. or other severe weather significantly impacting
the community, the City Manager is authorized to waive fees,
penalties, etc. within thirty days of the disaster. The waiver of fees,
penalties, etc. shall not exceed $150.00 for residential customers or
$250.00 for commercial or industrial customers for each request or
incidence. The City Manager is authorized to waive disconnection of
utility services for non-payment within two weeks of the disaster.
The effective date of Section 23. Disasters is May 13, 2019.
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.
SECTION 4. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a regular
meeting this the 20'H day of MAY,2019.
\"ouummiin,� /
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'v:•G'-v • `.- ?).•.C1�' �=__ Don Albanese, Mayor
••• -- Cityof Nederland,Texas
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ay Ferg on, City CI rk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
•
Jesse :ranic , Attorney
City --f N-•-rland,Texas
ORDINANCE NO. 2019-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2018-
2019 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2018-25,which adopted
the Fiscal Year 2018-2019 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 2018-2019 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2019 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2018 and ending September 30,2019,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 2018-2019 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
IAOIRA$,JVIEETING THIS THE 20th DAY OF MAY,2019.
eF.N OF,Qi ��
4�' ,it:.. .,..„. p�
CJ p?`I_ pon Albanese,Mayor
14 INiiMi_ City of Nederland,Texas
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%, Ficc .Ny Ferg on,Ci y er L
1v
APPROVED AS TO FORM AND LVALITY:
7i Oho
Jess- : , Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2018-2019
DATE: May 20, 2019
DEPARTMENT: Various
FUND: Capital Outlay(31)
2018 WW Project(33)
• AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
31-0000-6720 Building, Fixtures&Grounds 25,000 250,000 275,000
33-0000-4610 Interest Income - 25,000 25,000
33-0000-4800 Other Financing-Bond Proceeds - 9,695,000 9,695,000
33-0000-4802 Other Financing Sources Prem - 263,787 263,787
33-0000-6393 Contractual Services - 252,000 252,000
33-0000-6756 Sewer Collection Lines - 5,000,000 5,000,000
33-0000-6800 Bond Issuance Costs - 107,775 107,775
33-0000-6805 Other Financing Uses-OID - 69,095 69,095
TOTAL 25,000 15,662,657 15,687,657
JUSTIFICATION
In the Capital Outlay Fund, funds are allocated for the Marion & Ed Hughes Public Library Roof project. The bid
will be awarded at the May 20th City Council meeting. It is necessary to allocate funds with a minimal
contingency. In the 2018 WW Project Fund, it is necessary to create the project budget reflecting revenue from
the certificates of obligation and the allocating for bond issuance costs, engineering fees, and construction.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
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