April 6, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 P_rrm. April 0, 2020
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12r'. Street, Nederland, Texas. See attached for quorum.
This meeting was closed to in-person attendance by the public. A temporary
suspension of the Open Meetings Act to allow telephone or videoconference public
meetings has been granted by Governor Abbott. Telephonic and videoconferencing
capabilities were utilized to allow individuals to address the City Council.
The following statement was posted:
"PIJRS DANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGIJNj, A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (FiANDGIJN 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 Councilmember Root and seconded by Councilmember Hollier
to approve the Consent Agenda Item "a" as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - March 23, 2020 regular meeting
4. REGULAR AGENDA
a. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve a proclamation regarding National Fair Housing Month. MOTION
CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, April 6, 2020
b. A motion was made by Councilmember Root and seconded by Councilmember
Austin to engage the RWL Group far consultant services related to the bid for
windstorm insurance. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Austin and seconded by Councilmember
Root to authorize the solicitation for proposals for Windstorm Insurance. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Root and seconded by Councilmember
Hollier to amend the City Purchasing Policy. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember Root
to amend Ordinance 164, setting the calendar for regular City Council meetings -
April 2020. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Hollier and seconded by Councilmember
Austin to amend Ordinance No. 2019-25, utility rates and regulations in response
to the Coronavirus Disease 2019 (COVID-19). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Resolution No. 2020-04, ratifying a Declaration of Local State of
Disaster in response to concerns related to the Coronavirus Disease 2019 (COVID-
19) and consenting to continuation of the disaster declaration for a period of more
than 7 days. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. Consider approving Resolution 2020-05, denying and refusal of consent to the
petition by Corkran Management LLC for the addition of 11.6012 acres of land to
the Jefferson County Water Control and Improvement District No. 10 within the
City's extraterritorial jurisdiction.
Chris Duque, City Manager, reported the City received a petition from Corkran
Management LLC and Water District 10 requesting to annex property located within
the City's extraterritorial jurisdiction. The proposed Resolution No. 2020-05 denies
the request within the prescribed 90-day timeframe. Mr. Duque said the City is
weighing two options to provide water and sewer service to the proposed
development of Corkran Management LLC. He suggested City Council go into
executive session and discuss with City Attorney prior to taking action on this
agenda item.
Minutes Continued, April 6, 2020
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:00 p.m. by Mayor Albanese 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 5:17 p.m. by Mayor Albanese.
A motion was made by Councilmember Austin and seconded by Councilmember Root
to approve Resolution No. 2020-05, denying and refusal of consent to a petition by
Corkran Management LLC for the addition of 11.6012 acres of land to the Jefferson
County Water District No. 10 with the City's extraterritorial jurisdiction. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
7. COMMUNICATION
City Manger's Report:
a. Miscellaneous: City offices will be closed Friday, April 10th in observation of
Good Friday.
b. The drive-through window for utility billing will be reducing the number
of hours open to encourage compliance with the stay at home order.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:26 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
\\�okliihns,: None.ER
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT, ABSENT
Don Albanese Mayor V
Talmadge Austin Council Member-Ward I V
Billy Neal Council Member-Ward ll V
Emmett Hollier Council Member-Ward III V
Sylvia Root Council Member-Ward IV V
Chris Duque City Manager v
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance
Gary Porter Police Chief
Terry Morton Fire Chief v
Robert Woods Director of Public Works V
George Wheeler Building Official
Victoria Klehn Librarian v
Holly Guidry Human Resources Director V/-
Joni Underwood Executive Secretary v
Angela Fanette Parks Director v
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1 on 'Ibanese, Mayor
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G.y Ferguso 1, City Clerk -/
April 6, 2020
Date
CITY OF NEDERLAND "PROGRAMMED FOR PROGRESS"
Nederland, Texas
Proclamation
WHEREAS, the National Fair Housing Act of 1968 prohibits
discrimination in housing and declares it a national policy to provide, within
constitutional limits for fair housing in the United States;and
WHEREAS, the principle of fair housing is not only national law and
national policy, but a fundamental human concept and entitlement for all
Americans;and
WHEREAS, the 52114 anniversary of the National Fair Housing Law, during
the month of April provides an opportunity for all Americans to recognize that
complete success in the goal of equal housing opportunity can only be accomplished
with the help and cooperation of all Americans;
NOW, THEREFORE,I, Don Albanese,Mayor of the City of
Nederland, Texas,do hereby proclaim the month of April, as
FAIR HOUSING MONTH in the City of Nederland and do hereby urge
all citizens of this municipality to become aware of and support the Fair Housing
Law.
IN TESTIMONY WHEREOF,witness my hand and Seal of the City of
Nederland this the 6th day of April,2020.
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Gay Ferstson, City lerk
AMENDMENT TO ORDINANCE NO. 2019-25
AN AMENDMENT TO ORDINANCE NO. 2019-25 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. 2018-31, AND
ESTABLISHED AN EFFECTIVE DATE.
WHEREAS,the Nederland City Council on August 26,2019 approved Ordinance No.2019-
25,which provided utility rates and regulations;and
WHEREAS,the Coronavirus Disease 2019(COVID-19)that has been declared a pandemic
by the World Health Organization impacted Nederland and the surrounding area, and it is
necessary for the City to facilitate the community's economic continuity and 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.2019-25 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, pandemic, etc. significantly impacting the
community, the City Manager is authorized to waive fees, penalties,
etc. for up to 60 days from the date 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 for a period of NO
MORE THAN 60 DAYS from the date of the disaster. The effective
date of Section 23. Disasters is March 23, 2020.
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 6T"day of APRIL.2020.
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ATTEST:
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City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jesse :ran' ity Attorney
City of -derland,Texas
AN AMENDMENT TO ORDINANCE NO. 164
AN ORDINANCE SETTING REGULAR
DATES FOR COUNCIL MEETINGS TO
BE HELD IN THE MONTH OF APRIL
2020.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS:
THAT the following dates will be and are hereby regular meeting
dates for the meetings of the City Council of the City of Nederland,
Texas. All of the below regular meeting shall begin at 4:30 p.m. on each
of the following dates:
April 27, 2020
ANY AND ALL ordinances of the City of Nederland, Texas which
conflict with any provisions of this amendment are hereby expressly
repealed.
PASSED AND APPROVED by the City Council at a regular
meeting this 6TH day of April, 2020.
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Vron Albanese,Mayor
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erguI' n,City Clerk('
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jesse anic ty Attorney
City . Ne•-rland,Texas
RESOLUTION NO. 2020-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS EXTENDING THE DISASTER
DECLARATION ISSUED BY MAYOR ALBANESE ON
MARCH 16, 2020 IN RESPONSE TO THE CORONAVIRUS
DISEASE 2019 (COVID-19)
WHEREAS, the City of Nederland, Texas has been impacted by the Coronavirus Disease 19
(COVID-19)that was declared a pandemic by the World Health Organization;and
WHEREAS,on March 16, 2020, Don Albanese, Mayor of the City of Nederland,Texas issued a
Declaration of Disaster declaring a state of disaster for the City of Nederland;and
WHEREAS, on March 23, 2020, the Nederland City Council via Resolution No. 2020-03,
authorized the extension of the Declaration of Disaster for thirty days (through April 22, 2020) in
accordance with Section 418.018 of the Texas Government Code;and
WHEREAS,the conditions necessitating such disaster declaration continue to exist;and
WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster
may not be continued for a period in excess of seven(7)days without the consent of the governmental
body of the political subdivision;and
WHEREAS,the continued presence and effects of Coronavirus Disease 19 (COVID-19) pose an
imminent threat to public health and safety and immediate action of the City Council is required.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The declaration of disaster, which was signed and executed by the Mayor on
March 16, 2020, shall be extended by the City Council of the City of Nederland
though April 30, 2020 in accordance with Section 418.018 of the Texas
Government Code.
Section 2. The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Open Meetings Act,Texas Government Code,Chapter
551.
Section 3. This resolution shall become effective from and after its passage.
Pfl�SSED AND APPROVED by the Nederland City Council this the 6T"day of APRIL,2020.
pG•: �,�,, ;� on Albanese, Mayor
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Gay Ferglson, City'Jerk
APPROVED AS TO FORM AND LEGALITY:
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Jessalf, , City Attorney
RESOLUTION NO. 2020-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFNEDERLAND, TEXAS REGARDING THE DENIAL AND
REFUSAL OF CONSENT TO A PETITION BY CORKRAN
MANAGEMENT, L.L.C. FOR THE ADDITION OF 11.6012
ACRES OF LAND TO THE JEFFERSON COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 10
WITHIN THE CITY'S EXTRATERRITORIAL
JURISDICTION
WHEREAS, by a letter dated January 30, 2020, the owner, Corkran Management, L.L.C., of
11.6012 acres of land(the"land")and Jefferson County Water Control and Improvement District No.
10 (the "District") submitted a petition (the "petition")for the addition of the land to the District a
copy of which is attached hereto and labeled Exhibit"A";and
WHEREAS, the District is a political subdivision providing water and sanitary sewer services
within the extraterritorial jurisdiction of the City of Nederland(the"City");and
WHEREAS,the land described in the petition is located within the extraterritorial jurisdiction
of the City; and
WHEREAS,Section 42.0425 of the Texas Local Government Code provides that land may not
be added to political subdivisions providing water and sanitary sewer services within the
extraterritorial jurisdiction of the City unless the City grants its written consent by resolution or
ordinance;and
WHEREAS,the City Council finds that the addition of the land to the District is not in the public
interest of the citizens of the City.
NOW,THERFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS:
SECTION 1. That the petition submitted by MSV Limited and the District for the addition of the
land to Jefferson County No.10(Exhibit"A")is hereby denied and refused.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas,this the 6T"day of
APRIL,2020.
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Don Albanese,Mayor
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ay Fergus lid,City Clerk 1
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
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Jesse :ranic , 'ityAttorney
City of N-.erland,Texas